Key Facts -- In this case there are really three key facts: 1) Sterling contracted with NoBugs to perform according to a specific set of instructions, which was expected and happened over the course of years. 2) NoBugs failed to meet specifications caused by a slight miscalibration of their equipment. 3) This miscalibration cased a previously hidden flaw to occur in Sterling's system.
Analysis - While NoBugs did replace all the chips that caused the Sterling computers to explode, there was still about $20 in damage. Arbitration or Litigation could be initiated against NoBugs, and there would be a strong case for breach of contract. In essence, it does not matter that the miscalibrated chip caused a previously unrelated engineering defect to mis-perform, had the chips been correctly calibrated, the flaw would...
Executory Arbitration MEMOAdvantages and Disadvantages of ArbitrationArbitration and litigation are both legal processes that can be used to resolve disputes. Arbitration is a process in which an impartial third party, called an arbitrator, hears both sides of the dispute and then makes a decision. Litigation, on the other hand, is a process in which the dispute is adjudicated by a judge or jury in a court of law.There are several
Traditional and Nontraditional Litigation Basically, alternative dispute resolution (ADR) is taken as a way of resolving conflict in a confidential though informal way. Litigation on the other hand can be described as a process where a lawsuit is maintained and defended. Nontraditional forms of ADR avail alternatives to the traditional litigation system. In this text, I will concern myself with the main differences as well as similarities between the nontraditional forms
Mediation of a dispute typically involves using a neutral third party to act in the role of a guide, a negotiator, or someone who might she differing viewpoints upon a situation. They may or may not be a member of the legal profession, but are required to hear both sides of the dispute, then meet with the parties, and focus on a mutually beneficial solution to the issue. Mediation
Managing Risk Assessment and Litigation in UK Physical Education Departments This is a research proposal for a British university that aims to examine the rise of the litigation culture in the UK, as well as how schools' physical education (PE) departments are geared towards coping with it, particularly in light of professional training of physical education teachers for this purpose by management. Risk assessment training is a management-based programme; therefore, the
PARC won their case, with the court ruling that all children, including those with identified special needs, were entitled to a "free, appropriate public education" (Eric 1998). This case, and several others that challenged similar laws and/or de facto education practices, led in 1975 to Public Law 94-142, now better known as the Education for All Handicapped Children Act (ERIC 1998). This piece of federal legislation mandated that all
Susan P. Sturm titled: "The Legacy and Future of Corrections Litigation" details the importance of litigation to correctional reform, the correctional and legal landscape within the Prelitigation era, and the impact of litigation on the management and organization of correctional institutions. Litigation within federal courts comes as a routine and integral part of corrections management. Because of its importance in corrections management, it has been made obligatory upon corrections
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