Campbell’s settlement offer. According to the decision tree, the counteroffer of $400,000.00 has an expected value of $670,000.00, which would cause the company to lose money on this particular deal.
A. The managerial Law Judge's (ALJ) refusal to credit inquirer's treating specialist was not supported by significant evidence;
Marshall Peterson has invested a significant amount in advertising, and growing his business of offering the Muscadine grapes that John Doe’s company supplies to him. In the event that Mr. Peterson is required to either discontinue the sale of the grapes, or will need to locate and establish a new relationship with a new supplier, his business will likely be negatively affected at least for a short time. If he chooses to pursue legal action, then there are certain legal considerations that he will enlist to build his case.
v Consolidated Edison Company of New York, Inc., Joc Oil is suing for the right to cure. This right happens between merchants when there has been an issue with items purchased, shipped, or received incorrectly. In this case Joc Oil has contracted to purchase low-sulfur oil from one refinery and to sell that oil to Edison. The oil arrives at Edison and is offloaded into Edison’s storage facility, only to find that the oil exceeds the low-sulfur requirements set in the contract. In past transactions Joc Oil has delivered nonconforming goods, or goods that do not meet the requirements under the contract. Edison has previously allowed Joc Oil to cure by allowing them to deliver conforming goods within the contracted time frame. “A cure may be attempted if the time for performance has not expired and the seller or lessor notifies the buyer or lessee of his or her intention to make a conforming delivery within the contract time” (Cheeseman, 2013). In this case we assume that the testing by Edison that reported the goods as nonconforming is accurate. There are some questions that would need to be answered in order to fully and accurately deliver a verdict on this case. The largest question is: Joc Oil has a cure for the shipment expected to arrive within two weeks, is this within the contract timeframe? If this question is a yes then Joc Oil has the rights to cure the issue at hand. If the answer is no, then a breach of contract may be in the works. Due to the fact that Joc Oil has been allowed to cure the issue in the past, there is a pattern of behavior by Edison, to allow Joc Oil the ability to cure. This would put Joc Oil in a position where there is no breach of contract. Joc Oil in this case has the ability and rights to cure for two reasons. The first being the past history, and the second being the right to cure as guaranteed under the
Tarasoff v. *626 Regents of Univ. of Cal., 17 Cal.3d 425, 131 Cal. Rptr. 14, 24, 551 P.2d 334, 344 (1976) – Primary
Peterson and Raines commenced a business relationship several months ago; whereby, Raines sold Peterson Muscadine grapes for his local health food products business. Throughout the course of these business dealings, Peterson would call in his Muscadine orders to Raines, who, in turn, would invoice Peterson for the cost of said goods. Albeit, Peterson was frequently 45-60 days late paying the 30 day invoices, Raines continued to supply said goods without benefit of a written contractual agreement and never charged interest penalties on late payments.
Facts of the Case: Darleen Suggs started working and helped maintain the produce business with the decedent, Junior Earl Norris, from 1973 until his death in 1983. During this time and according to several witnesses, the plaintiff did most of the farm work, as well as drive to markets 60 miles away, without aid of the decedent. She also handled all finances and deposited them into their joint bank account, giving her the reason to believe they had an implied contract that she was a partner and would receive one-half of the profits. In
ISSUES- Does the plaintiff, Harold Caldwell, reserve the right to a jury hearing regarding his claim of non-service? Was Caldwell wronged by having his case settled in a pretrial hearing?
He remained an undischarged bankrupt when the proceedings were commenced against the respondent. The judge of the original trial struck out the appellant’s claims for damages, declaring it a nullity from the outset as the relief sought was vested in the appellant’s trustee in bankruptcy. The appellant made an appeal to the Court of Appeal, who stayed the decision, pending the completion of the trial. The trial resumed, subject to the outcome of the appeal regarding the appellant’s bankruptcy. The trial court found that the appellant was entitled to a 24-month notice period for termination, and the appellant was awarded damages for wrongful dismissal and aggravated damages in the amount of $15,000 for mental distress, for both tort and contract. However, the appellant was not awarded punitive damages. With regard to the bankruptcy issue, the Court of Appeal reversed the decision, concluding that the appellant was within his legal rights to continue the action without a trustee. The Court of Appeal also allowed a cross-appeal by the respondent, which saw the reasonable notice period reduced from 24 months to 15 months. The appeal court also overturned the trial court’s award of aggravated
Procedural History: The 61st District Court granted Defendant’s motion. The Plaintiff appeals and the Court of Civil Appeals affirmed. The Supreme Court of Texas, reversed the decision and condemn for a battery occurred and the corporation was condemn for exemplary damages of $900 dollars with interest from the dates of the trial court’s judgement and the cost of the suit.
pass without objection in the trade under the contract description; and ... are fit for the ordinary purposes for which such goods are used”. I agree with the court’s ruling, because the peach pit fragment violated the consumer’s expectation test and the ordinary purpose for which such goods are used assumption. When eating a can of peach halves, an ordinary consumer would expect that the peaches are prepared in a manner that there are only peach flesh and juice or syrup in the can. In this case the can contained an additional element that was not expected to be in a can of peach halves. Additionally, as a result of this unexpected element a consumer sustained
Graw, Stephen. An Introduction to the law on contract (Thomson Reuters, N.S.W, 7th ed, 2012).
The facts of Mary’s case share great similarities with that of the case Walsh v Greater Metropolitan Cemeteries Trust (No. 2) [2014]. Indeed, Mary’s case seems particularly strong as the defendant’s under performance has been documented frequently. However, the pivot on which this case rests is that of a workplace right enabling the employee to “make a compliant or injury… in relation to their employment. In advising Mary counsel finds that whilst the issue may seem straightforward, it is highly likely that the court will find that in lieu of the evidence provided which establishes Simon’s under performance and unruly behaviour that adverse action was taken on the premises of his underperformance. Counsel, will also argue
Dr. Stout alleges that prior to his employment, various representations were made to him. At the time, the Hospital CEO owed no duty to Dr. Stout. In a similar case, the Court has held:
The courts stated that the statue of frauds purpose is to suppress fraud for instances cooked up claims of agreement, sometimes fathered by wish, imagined in the light of subsequent events and sometimes simply conjured up. In this case per the verbal contact that both parties had agreed to regarding that the Suttons could at any time during the first five years buy the property, but when the Werner’s reneged on the agreement, the Sutton’s sued and the Werner’s defended by alleging that the verbally agreement between both parties was not valid because there was not written contract. This was not ethical on the Werner’s behalf because the only reason that they reneged on the agreement was due to the increase value of the property, had the property depreciated or gone down in value the Werner’s would have acted or thought differently as this was not discussed in the beginning. In this case the doctrine of part performance, which states that if an oral contract for the sale of land or transfer another interest in real property to be specifically performed if it has been partially performed and performance is necessary to avoid injustice could be applied due to