Lewis applied to college based on the promise of his application being assessed based on "scholarship, character and motivation" and this was in addition to "academic achievement". Upon reviewing the details further, Sam later found realized that non-academic factors were included and sued on the grounds that the contract was violated.
ule

The rule to be assessed here is whether there was a contract and, whether verbal or written, whether the contract was violated.

At the end of the day, it is going to come down to what was said, what was not said and what was actually done. Given that, here is what seemingly happened:

• There was not a written contract in the sense that there was not a distinct offer, consideration and acceptance. However, the school can be held to what was in the bulletin

• The bulletin quite clearly states that they look at scholarship, character and motivation in addition…...

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References

Dressler, Joshua (2014). Sum & Substance: Criminal Law. (Sixth). St. Paul, MN

Thompson West Group. 978-0314266910

Finz, Steven R. (2013). Strategies & Tactics for the Finz Multistate Method. (Third). New

York Wolters Kluwer. 978-1-4548-2506-7 CD

Contracts (except for those of high paid professional athletes who believe that they do not have to be held to such trivialities) are documents that require events to take place at the behest of each participant. When the participants are buyers and sellers, a contract is normally written to specific exactly what the buyer will receive from the seller, and what the seller will receive from the buyer. The contract also spells out any terms and conditions of the purchase or sale, and what the consequences will be if the contract is not fulfilled by either party.
As one recent article reports "contracts are mediated by markets, implying that there exists a price for every possible good for each possible contingency over each possible date" (Nosal, 2010, p. 1). As Nosal puts it, people choose to buy or sell goods to maximize their own happiness, and their only constraint is that…...

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References

Nosal, E.; (2010) What is clearing and why is it important? Chicago Fed Letter, Issue 278, pp. 1-4

Contracts and Performance-Based Acquisition
A contract is a planned and legal agreement made between two or more parties with intent. It could be oral or written and may involve business individuals, employers and employees, or tenants and land lords. elations built through contracts emerge from offers given, reception, intentions, considerations and genuine consent, and legal agreement from which the contract began. Every person involved in a contract gains responsibilities and rights similar to those of other individuals in the contract. Legally, all parties benefit equally from the contract, meaning all members are entitled to equal rights whatsoever. While contracts remain enforceable whether they are spoken or written, a written contract ensures legal security to all parties involved. This is because a spoken contract will only depend on the loyalty of people involved but with not future reference whatsoever. A written contract on the other hand will have recorded details on…...

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References

CCH Incorporated. (2007). Government contracts reference book; New York: CCH Incorporated,

C. Ralph. (2012). Intellectual property in government contracts: 2012 statutory and regulatory supplement. New York: Wolters Kluwer Law & Business Publications

C. Terrence. (2007). Understanding government contract law. New York: Management Concepts Publishing

F. Steven. (2011). Feldman and Keyes' government contracts in a nutshell, 5th (West Nutshell Series). Minnesota: West Publications

contract formalizes the agreement between two parties regarding buying a certain item, entering into a certain service, or accepting a certain condition. Contracts cover a huge span of agreements including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire.
For a contract to be enforceable, it must constitute six factors:

Mutual consent -- both seller and buyer must be in full and comprehensive agreement of what the one is selling and the other is receiving

Offer and acceptance -- these must be clearly spelled out and comprehended by both parties

Mutual consideration -- the item / service must be one of value and turn out to be so, too.

Performance or delivery -- both must be intact. There must be, in other words, no "beach of contract"

Good faith…...

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Larson, A. (October, 2003) The Statute of Frauds and Contract Law. Expert Law.

 http://www.expertlaw.com/library/business/statute_of_frauds.html 

* Reality of Conset (Chap. 13)

Tis allows tem to ave an advantage if litigation becomes inevitable.
5. Non-Competition Clause a/k/a Covenant Not to Compete Clause - Most companies will attempt to protect teir intellectual capital from competitors by aving employees sign a non-competition agreement or, alternatively, by including a non-competition clause as part of an employment contract. Suc agreements restrict an employee from joining forces wit a competitor or setting up is or er own competing business for some period of time witin a particular territory (geograpical or oterwise). Tese agreements ave become so common in te tecnology sector tat most people use tem witout muc attention to teir content. Tis is wrong, and a lot of companies come to pay dearly for suc a careless approac. It is important t o note tat not only do companies dealing wit intellectual property use suc an agreement. Tis clause is utilized any time a company wants…...

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http://www.heydary.com/lawyers/ontario/toronto/non-competition-agreements-p.htmlhttp://www.yourdictionary.com/choice-of-law-clause 

 http://www.allbusiness.com/legal/contracts-agreements/536-1.html 

 http://www.library.yale.edu/~llicense/forcegen.shtml

Contract Dispute -- Car Sales
Contract Dispute

The purpose of this essay is to review the field of contract regulations and laws as they relate to the termination of a contract. The matter discussed in this paper has to do with a change in the manufacturing specifics of car models available for purchase. A customer did not want to buy a car with a 5.9 liter V8 engine as he desires to be more conservation with fuel than this model would permit. The customer requests a vehicle with a 3.2 liter engine, and the sales contract is written accordingly. After the fact, both the car dealer and the consumer learn that the car is no longer available with a 3.2 liter engine or a 3.9 liter engine. In fact, all of the engines currently being manufactured for this model of car are 3.5 liter in size. A number of contract termination scenarios…...

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References

Macaulay, S., Braucher, J., Kidwell, J.A., and Whitford, W. (2010). Contracts: Law in Action I (3rd ed.). LexisNexis.

Research Guide and Introduction to the UCC from Duke University Law School Retreived  http://www.law.duke.edu/lib/researchguides/pdf/ucc.pdf 

The American Law Institute -- UCC 2007 Edition. Retrieved   & node_id=86&product_code=1UCCOTC07http://www.ali.org/index.cfm?fuseaction=publications.fpage 

Text of the Uniform Commercial Code (UCC) at the Legal Information Institute, Cornell University Law School. Retrieved  http://www.law.cornell.edu/ucc/ucc.table.html

Typically, a contract will be the written version of the agreement. An agreement without a contract is often not enforceable by law. The intent to create legal relations in this instance is clear on the part of EndZone, as per their email, but is not clear on the part of Maverick. The email iterates the consideration, timing and price contained within the agreement. However, EndZone would need to prove that Maverick has agreed to these terms. Maverick did not respond to the email, and only purchased $1,000 worth of goods over that time period. EndZone must provide a preponderance of evidence and it is unlikely that a sent email, unresponded to, and allegation of an oral agreement are unlikely to constitute that preponderance. Given that EndZone will be unable to demonstrate clear consideration in the form specific products and specific prices for those products, they will be unable to…...

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Works Cited:

Uniform Commercial Code. Retrieved July 4, 2009 from  http://www.law.cornell.edu/ucc/1/article1.htm

Some of the contracts which minors can't disaffirm include education loan contracts, insurance (health and life) contracts, armed forces enlistment contracts etc. Further, in some states, if a minor who seems (in terms of appearance) to be of majority age misrepresents his age at the time of entering into a contract with a competent party, such a minor is treated as an individual who has attained the majority age and in such a case, the minor may not be able to disaffirm the contract. In most cases, when a minor enters into a contract whereby he or she is provided with a necessity by a competent party, his or her right to disaffirm such a contract becomes limited. Though the minor may still disaffirm such a contract (technically speaking), he or she still remains liable for a significant value of the consideration. This exception is designed to ensure that…...

Contract Modification -- The situation involves a buyer, Tabor, and a seller, Martin. The two enter into a contract to deliver 50 file cabinets at $40/cabinet in five equal installments, or 10 cabinets per delivery for $400. After two deliveries, Martin tells Tabor that inflation has caused costs to increase and he can only deliver the remaining 30 cabinets if Tabor pays $50. Tabor agrees in writing. Can Martin legally collect the additional fees? The answer is dependent upon the wording of the initial contract and whether Tabor's agreement in writing makes the agreement part of the contract or if Martin is in breach of the original contract and Tabor only agreed to the new price to ensure delivery of his needed items. If there are no price adjustments in the original contract, then Martin cannot legally force Tabor to pay anything more than the agreed upon price. If he…...

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Works Cited

Contract Obligations. (2010). Legal Match. Retrieved from: .com/law-library/article/contract-obligations.htmlhttp://www.legalmatch

Introduction to Contracts and Consideration. (2012). National Paralegal College. Retrieved from:   / courseware_asp_files/contracts/Consideration/IntroductionAndConsideration.asphttp://nationalparalegal.edu/public_documents 

Read This Before Entering Into A Contract Intoxicated. (2012). Laws.com Contract Law. Retrieved from:  http://contract-law.laws.com/consideration/intoxication 

Who Lacks the Capacity to Contract? (2011). NOLO Law for All. Retrieved from:  http://www.nolo.com/legal-encyclopedia/lack-capacity-to-contract-32647.html

The government official has a legal as well as an ethical responsibility to put the interests of the public first, as a public servant. To fail to do so will result in greater cost to the taxpayer, and perhaps even an inferior product. This type of waste takes money away from other, more worthy public projects as well, including aid to the poor.
Government contracting officers have unique responsibilities and special, additional privileges as a result of their duties: "Of all government personnel, only a Contracting Officer has the authority to enter the government into a binding contract. He or she will be the one to sign the final contract agreement, and only a Contracting Officer has the power to change the terms of the contract" (Government contracting personnel: Understanding roles played, 2011, ONVIA). The contracting officer is thus acting on behalf of the entire government, and has unique powers…...

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References

Business ethics in government contracts. (2011). ONVIA. Retrieved

February 17, 2011 at  http://www.onvia.com/b2g-resources/article/business-ethics-in-government-contracts 

Government contracting personnel: Understanding roles played. (2011). ONVIA. Retrieved

February 17, 2011 at  http://www.onvia.com/b2g-resources/article/government-contracting-personnel

Additionally, no terms of the contract can be changed, including in terms of new clauses being added.
3. A bilateral contract involves two parties that exchange a set of promises that determine the rights and obligations of each of the parties. As such, each of the parties will have a set of promises that they oblige to undertake if the contract is enforced. There are also returns for each of the parties in this type of contract.

A unilateral contract is the type of agreement where only one of the parties of the contract promises to fulfill a set of obligations to the other party. Beyond this, one of the main differences to a bilateral contract is that the acceptance does not need to necessarily be communicated to the offeror, but can rather be implied through the party completing the promise made in the agreement.

4. There are several rules that can…...

Contract
Agreement

Owners Names: George and Marilyn Comes Phone [HIDDEN]

Job Location: 123 Mockingbird Lane

Anywhere, USA

oof repair

Capital Home Improvement, LLC (hereinafter referred to as CHI) proposes to supply all material, labor and equipment to complete the entire tear off, repair and replacement of the roof located at the above stated location in accordance with the plans and specifications attached to this agreement. All materials, finishes, and labor provided herein shall be equal to or superior to those typically used in the roofing industry unless otherwise noted. Work provided by CHI includes, but is not limited to: the complete tear off of the existing roof, repair and/or replacement of existing subfloor, installation of new sub-roof, and replacement of all shingles. All work will be performed in accordance with industry standards and local building codes. CHI accepts no responsibility for any defect in the existing structure that is not covered by our work. All changes…...

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References

Cheung, S.O.; Wong, W.K.; Yiu, T.W.; Kwok, T.W.; (2008) Exploring the influence of contract governance on construction dispute negotiation, Journal of Professional Issues in Engineering Education and Practice, Vol. 134, Issue 4, pp. 391-398

(University of Oslo Law School, 2005) Characteristic for the Norwegian legal tradition in the 20th century, as for the rest of Scandinavia, is the so-called "legal realism," which has emphasized considerations of justice in legal reasoning. Conceptualism and integrated theoretical systems have never been followed in Scandinavia, in other words, there is no attempt to create a unified theory of contract law, rather disputes are handled by a case by case basis, with more faith in the practices of the judges to administer and dispense justice. (Lillebakken, 1997)
orks Cited

Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm

University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project. http://www.jus.uio.no/ifp/anglo_project/essays.html...

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Works Cited

Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm

University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project.  http://www.jus.uio.no/ifp/anglo_project/essays.html

So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages.
D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this Agreement's interpretation.

*Note: The choice of law clause is very important because different states treat noncompetition agreements with varying degrees of acceptance. Since most films originate in California, it is likely that both the Company and Editor are California residents and it would probably make more sense to use California law; but California law is very strict on noncompetition agreements

. Therefore, since the film will be shot in Texas, it makes sense to choose Texas law instead.

E. ARBITRATION. Any controversy or…...

Contract Law: Contract Law
Marx et. al. v. The Globe Newspaper Co.

Full article available on the web at http://www.nwu.org/journ/glob0006.htm

The case -- article summary, facts, and overview

They want us to labor in "sweatshops in cyberspace," alleged Elizabeth Bunn of the Boston Globe.

Bunn was director of a writer union's Technical, Office and Professional Department and spoke regarding the 2000 dispute between freelance writers, illustrators, and photographers of the Boston Globe and the newspaper's editorial staff. The union representing the freelancers of the Globe began the court case of Marx et. al. v. The Globe Newspaper Co. In 2000. They filed a class action lawsuit on behalf of these one thousand freelancers.

The union sought an injunction in Massachusetts Superior Court against the Globe's unfair and deceptive trade and union negotiating practices regarding a contract between the freelancers and the newspaper. "The lawsuit was filed after the Globe attempted to coerce writers, illustrators and photographers…...

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Works Cited

National Writer's Union. "Freelance Contributors Sue Boston Globe" June 12, 2000.

Full article available on the web at  http://www.nwu.org/journ/glob0006.htm 

National Writer's Union. "Tasini et al. Vs. The New York Times et al. Complaint." 1993.

Full case available on the web at  http://www.nwu.org/tvt/tvtcomp1.htm

HIPAA Rules: Safeguarding Patient Privacy and Confidentiality in Healthcare

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a landmark legislation that establishes comprehensive rules and regulations to protect the privacy and confidentiality of patient health information. These rules guide healthcare providers, health plans, and other covered entities in handling and safeguarding sensitive patient data within the healthcare system.

HIPAA's privacy and confidentiality provisions fall under the following two major rules:

Privacy Rule:

The Privacy Rule focuses on protecting the privacy of patients' health information used or disclosed for non-treatment and non-payment purposes. This includes:

Individual Rights: Patients have the right to....