Katyi V. Eastfield Shopping Centre Case Summary
analytical Essay
1164 words
Kati v Eastfield Shopping Centre Introduction Kati has suffered loss and damages while her vehicle was under the liability of Eastfield Shopping Centre (ESC). Whether or not Kati can take a legal action for damages is dependent on there already being a contract between her and ESC and for ESC to have breached the contract. If so, then the main issue of concern is whether Kati will still be required to pay the administration fees as well as the repairs to her car. For Kati to be successful, ESC’s exclusion clause will have to be invalid for them to be held liable for the damages to Kati’s car. Is the exclusion clause valid? For the exclusion clause to be valid, it must be included as a term in the contract and cover the breach of liability …show more content…
Whether Kati must pay the administration fees is dependent on whether she received sufficient notice of the terms and conditions of the contract. Aside from the damages to her car, ESC requires Kati to pay administration fees of up to $12,000 for breaching the contract. The issue with this is that Katie was not aware that ESC would tow her car if she left her car overnight, due to her not reading the terms and conditions. However, Kati only left her car overnight, as she was emotionally distraught after hearing that her vehicle was destroyed. As Kati entered the valet parking and handed her keys to Angus in exchange for her ticket, consideration was provided making the contract enforceable in a court of law. Although Kati did not read the large notice sign, she implied her acceptance to the offer by continuing to act consistently with the terms of the offer, see Brambles Holdings Ltd v Bathurst City Council. Directly under the exclusion clause provided by ESC was a term stating that ‘PATRONS AGREE TO ABIDE BY ALL TERMS AND CONDITIONS DISPLAYED OR COMMUNICATED’. ESC can also argue that whilst Kati was unaware that there were further terms and conditions included on the ticket, she should still be bound by the terms of the contract. This is demonstrated in Curtis v Chemical Cleaning & Dyeing Co, which demonstrates that Kati should be still bound by the terms of the contract even if she did not read them, provided that the terms …show more content…
Kati could argue that she made a unilateral mistake, which ESC was fully aware and took advantage of. Whilst Kati was not aware of a fundamental term of the contract, the right of ESC to tow her car, she may find difficulty to prove that ESC did engaged in unconscionable conduct. Furthermore, the contract must be written and will become voidable not void, meaning that Kati can choose to end the contract but may have to pay any fees occurred up to that point. This is an alternative action available to Kati but it does not provide the most desirable
In this essay, the author
- Explains that kati suffered loss and damages while her vehicle was under the liability of eastfield shopping centre (esc).
- Explains that the exclusion clause must be included as a term in the contract and cover the breach of liability that occurred.
- Argues that kati's claim is valid as courts interpret exclusion clauses according to their natural and ordinary meaning. the clause will be construed against the party relying on it.
- Explains that kati suffered loss and damages while her vehicle was under the liability of eastfield shopping centre (esc).
- Explains that the exclusion clause must be included as a term in the contract and cover the breach of liability that occurred.
- Argues that kati's claim is valid as courts interpret exclusion clauses according to their natural and ordinary meaning. the clause will be construed against the party relying on it.
- Explains whether kati must pay the administration fees is dependent on whether she received sufficient notice of the terms and conditions of her contract. katie was emotionally distraught after her car was destroyed.
- Analyzes how kati entered the valet parking and handed her keys to angus in exchange for her ticket, making the contract enforceable in a court of law.
- Explains that angus didn't alert kati to the list of further terms and conditions until after she made a breach of contract. she may find difficulty to prove esc engaged in unconscionable conduct.
- Explains that kati can argue that she didn't receive sufficient and reasonable notice of terms and conditions of the valet parking service, as demonstrated in thornton v shoe lane parking.
- Analyzes how kati didn't look at the ticket and was told to 'hold on to it and give it back' when she collected her car. the list of further terms and conditions was provided in tiny writing.
- Argues that kati should argue that she did not receive sufficient and reasonable notice of the terms and conditions to nullify the contract and avoid paying the fine.
Harness the Power of AI to Boost Your Grades!
Haven't found what you were looking for? Talk to me, I can help!
Related
- opinion
- explanatory
- analytical
- comparative
- narrative
- Murphy V. Brentwood District Council 1991 Ac 398opinion essaySince the Annus case the trends rather we should say the general trends were to provide the damages to the owner of the premises and they were purely economic losses. But in this case that trend was overruled and there began a new trend and new principles that we will come across while going through the whole project. There were many questions raised like a duty of care is owed to whom? How damages can be provided in a particular case like this? But one thing is for sure that this case can be considered as a landmark case in the history of `Torts' as we come across a very few cases where the well established principles like here are overruled.
In this essay, the author
- Explains how they draw up the common inference while studying the use of the principle in other cases.
- Explains that the basic methodology adopted to prepare this research is deductive that is to study various cases, analyse the laws in the same topic and understand the general principle.
- Opines that the annus case can be considered as a landmark case in the history of torts' as well established principles like here are overruled.
- Explains how they draw up the common inference while studying the use of the principle in other cases.
- Explains that the basic methodology adopted to prepare this research is deductive that is to study various cases, analyse the laws in the same topic and understand the general principle.
- Opines that the annus case can be considered as a landmark case in the history of torts' as well established principles like here are overruled.
- Opines that justice g. p. singh (ed. ), ratan lal & dhiraj
- Explains that the plaintiff bought a house built according to the plans approved by the defendants, but the independent consulting engineers carelessly failed to note an error in the calculations which rendered inadequate the concrete raft foundation
- Explains that the plaintiff's claim was based on negligence in failing to carry out necessary inspection of the foundation before it was covered up.
- Explains that the defendants were in statutory obligation to take care about the foundations of the buildings, but the losses suffered were purely economical therefore this liability was negated.
- Analyzes the nature of duty held by annus to be incumbent on the local authority to prevent injury to safety or health.
- Argues that the court of appeal has a duty towards present and future owners and occupiers to safeguard them from loss or expense incurred qua owners.
- Explains that the case introduced a new principle of parallel common law duty, conditioned by the purpose of those statutory duties, and an entirely new concept of the tort of negligence in cases relating to construction of buildings.
- Opines that murphy v. brentwood district council case overrules the orthodox principles established by annus.
1363 wordsRead More - Wal-Mart Stores, Inc. v. Dukes Case Summaryexplanatory essayA class action lawsuit refers to a court case filed by a single person on behalf of a group of people or rather charges filed by a group of persons against one person who could be a corporate or private entity. A lecture action lawsuit allows a large number of aggrieved parties with a common interest in an affair to sue or be sued as a group (Benton, 2005). The purpose of a class action lawsuit is to give the ordinary man the ability to challenge large companies or private entities that can afford the best legal services and seek redress aimed at any wrong done to them by the private entities.
In this essay, the author
- Explains the purpose of a class action lawsuit, which is to give the ordinary man the ability to challenge large companies or private entities that can afford the best legal services.
- Explains the requirements to have a class certified by rule 23 of the federal rules of civil procedure. the proposed class must meet the general standards for class certification.
- Opines that wal-mart is unlikely to face many individual sex discrimination lawsuits now that the class has been decertified.
- Explains the purpose of a class action lawsuit, which is to give the ordinary man the ability to challenge large companies or private entities that can afford the best legal services.
- Explains the requirements to have a class certified by rule 23 of the federal rules of civil procedure. the proposed class must meet the general standards for class certification.
- Opines that wal-mart is unlikely to face many individual sex discrimination lawsuits now that the class has been decertified.
- Describes the possible costs and consequences of a class action lawsuit. a business is likely to pay huge damages in terms of financial restitution to the aggrieved parties.
- Explains that the cost-benefit analysis is fundamental in deciding whether to sue or defend a lawsuit. the probability of winning outweighs the likelihood of losing.
- Explains that corporate managers and other personnel's involvement in grievance can have a negative impact on the business’s productivity. they will spend significant amount of work time in the court proceedings.
- Opines that a good relationship between parties ensures that business runs well.
- Explains that if the amount of prejudgment interest provided by the law is large, the business would sue or defend a lawsuit, whereas small businesses would settle it out of court.
- Explains that aggravation and psychological costs associated with a lawsuit are vital in determining the direction to take.
- Explains that the unpredictability of the legal system and the possibility of error make the outcome not certain.
- Explains that factors that are unusual to the parties and lawsuit can affect the outcome of the lawsuit. the business would determine if peculiar factors exist and have a large impact.
- Analyzes how the negligence of the defendants, jaffes and atlantic, led to renee's emotional distress.
- Explains that the weakest issue to be dealt with is whether the plaintiff suffered substantial bodily impairment. the negative side of the issue is the fact that in some similar cases do not recognize liability without physical harm.
- Explains that in dillon v. legg, three factors were determined to help in determining whether an emotional injury would be compensable.
- Explains that both defendants, jaffees and atlantic, are liable for the emotional distress damages caused to the plaintiff.
1056 wordsRead More - The Contract of Fast Eddie and Lauraanalytical essayThe significant requirements of the Uniform Commercial Code or UCC must interpret this contract since it includes the selling of goods as stated by UCC 2-102. Normally, agreements are implemented according to their terms, but courts could decide not to implement contracts, for which they consider to be unconscionable as stated by UCC 2-302. Unconscionable Contracts can be explained as courts that find any contract or clause to be unconscionable at the time it was made. Courts can refuse to enforce the contract or limit the application of an unconscionable clause to avoid an unconscionable result. Unconscionability involves two elements, both of which must be present in order to make a contract invalid. These elements are procedural unconscionability and substantive unconscionability. In concerning element, a sliding scale allows for a greater degree of one factor and a lesser degree of another to result in a finding of unconscionability.
In this essay, the author
- Explains that the contract concerning fast eddie and laura must be implemented or altered or rendered void since it was unconscionable.
- Explains that procedural unconscionability can be shown by either inequality in bargaining power or unfair surprise.
- Analyzes how laura can demonstrate procedural unconscionability in two ways. she can establish that there were misleading surprises within the negotiating process or she can show that a disparity of influence left her with no significant choice.
- Explains that the contract concerning fast eddie and laura must be implemented or altered or rendered void since it was unconscionable.
- Explains that procedural unconscionability can be shown by either inequality in bargaining power or unfair surprise.
- Analyzes how laura can demonstrate procedural unconscionability in two ways. she can establish that there were misleading surprises within the negotiating process or she can show that a disparity of influence left her with no significant choice.
- Analyzes how fast eddie's counter argument would be that laura read and studied the contract and must have rationally acknowledged what exactly she was agreeing to.
- Argues that additional facts would be beneficial in creating the evidences of each individual’s arguments. if we were to assume that laura did actually search various jobs, she would have a convincing case.
- Argues that laura will have trouble determining unconscionability with regard to the buying price of the vehicle. fast eddie could make a convincing case for his prices by stating that his security expenses are likely larger than those dealers from the north end area.
- Argues that laura can build an improved case by which the default clause, which allowed fast eddie to reclaim the vehicle and maintain all payments previously given, is unconscionable.
- Opines that laura can show that the default prearrangement of the contract was procedurally and substantively unconscionable. the court would either permit her additional time to make the payment or have her return the vehicle and collect most of her money back in return.
858 wordsRead More - Business Ethics: Case Analysis Of The Grape Companyopinion essaySimilar to the case of Fox v. Mountain West Electric, 512 P. 3d 848 (2002), even though there was a contract, there were also a few more pro-contract adjustments that were made on implied terms. The court sides with the defendant at first while the appellate court overruled it. There was an implied contract that are manifested by our conduct of regular supply and payment. If for any reason, the court sides with defendant, there is always the appellate court for further
In this essay, the author
- Describes how they began promoting the muscadine grapes and their products through their seeds. the contract included a guaranteed price schedule consistent with what they had been paying.
- Explains that an implied contract assumes that the parties to a contract will act in good faith and fair dealing without breaking their word or using shifty means to avoid obligations.
- Explains that article 2 of section 2-306 of the uniform commercial code was met, which imposes an obligation by the seller or the buyer for exclusive dealing in the kind of goods concerned.
- Describes how they began promoting the muscadine grapes and their products through their seeds. the contract included a guaranteed price schedule consistent with what they had been paying.
- Explains that an implied contract assumes that the parties to a contract will act in good faith and fair dealing without breaking their word or using shifty means to avoid obligations.
- Explains that article 2 of section 2-306 of the uniform commercial code was met, which imposes an obligation by the seller or the buyer for exclusive dealing in the kind of goods concerned.
- Explains that the grape producer breached the contract of good faith and fair dealings in nemec v. shrader, 991 a.2d 1120, 1126.
- Compares fox v. mountain west electric, 512 p. 3d 848, where the court sides with the defendant at first while the appellate court overruled it.
- Explains that they will seek compensatory damages to cover the cost of the lost businesses that have happened since the breach. zaccheus is a good christian and sunday school teacher.
- Opines that they would seek nominal damages in the case of not being able to get a compensatory damage, which would open the door for them to seek punitive damages.
- Describes the conditions under which settlement may be achieved (where compromise is possible). they request that the grape producer continue to supply the requested based on the contract that we signed, and fairly compensate me for loss of sales during the breach period.
1001 wordsRead More - Waterfront Park Observationexplanatory essayBrittin was not detained and decided to call a private tow company to remove the vehicle from the park. However due to conflicting statements between both he and Wellman, I issued Brittin a trespass warning. Brittin acknowledged, and he signed the trespass warning. I advised Brittin that he would be arrested if her returned to Waterfront Park. All of Wellman's belongings were left with Brittin per her request.
In this essay, the author
- Explains that they were conducting an area check of waterfront park. they observed a white colored box truck backed in between two trees facing north, and teal ford pickup approximately 20 feet from the ford.
- Describes how they observed the female front seat passenger's t-shirt pulled half down and both of her breast and nipples exposed. both windows were rolled down.
- Identifies themselves as port richey police and advises both subjects that they were conducting an area check of the park when they observe the female's breast partially exposed.
- Explains that they were conducting an area check of waterfront park. they observed a white colored box truck backed in between two trees facing north, and teal ford pickup approximately 20 feet from the ford.
- Describes how they observed the female front seat passenger's t-shirt pulled half down and both of her breast and nipples exposed. both windows were rolled down.
- Identifies themselves as port richey police and advises both subjects that they were conducting an area check of the park when they observe the female's breast partially exposed.
- Explains that neither subjects' statements of how they knew each other matched. wellman had a warrant out of pasco county for fta-prostitution, while brittin had no insurance coverage on his vehicle.
- Describes how they detained wellman in handcuffs before placing her into their patrol vehicle. shortly after, the pasco county sheriff's office confirmed the warrant as active.
- Explains that brittin provided them with wellman's purse, which she identified as belonging to her. they searched the purse incident to arrest and discovered 4 glass pips with a brown residue on the end of them.
- Explains that they tried to test the residue using a field presumptive kit with negative results. they then read wellman her miranda rights from their agency issued card.
- Explains that brittin was not detained and decided to call a private tow company to remove the vehicle from the park due to conflicting statements between both he and wellman.
- Narrates how wellman was transported to central booking for processing without incident and signed a trespass warning. she would be arrested if she returned to waterfront park.
656 wordsRead More - Dunkin Donut Case Summaryexplanatory essayThe Virginia Supreme Court has held that “the assured stands in the relation of trustee to the insurer to the extent of the sum paid, and he cannot even release the right of action, nor the action itself, if one has been commenced, so as to defeat the claimant of the insurer to reimbursement from the wrongdoer for the injury.” Brighthope R. Co. v. Rogers, 76 Va. 443, 446-47 (1881); see also 16 Couch on Insurance §§ 224:113, 224:179 (3d ed. 2013). Here, the Plaintiff plainly lacked any authority to release the claims of its insurer as subgrogee, nor could any such purported release actually operate to the Plaintiff’s insurer’s prejudice, if the Defendant had notice of the Plaintiff’s Insurer’s subrogation rights. See Rogers, 76 Va. at 446-47. The prior settlement agreement between the Plaintiff and Defendant clearly conveyed such notice to the Defendant. Accordingly, even if the settlement of Plaintiff’s counterclaim in the mechanic’s lien action precluded the Plaintiff from raising the claims at issue here, the settlement could not similarly preclude the Plaintiff’s Insurer from raising the claims as Plaintiff’s subrogee. Therefore, the Defendant has failed to meet its burden to show that the Plaintiff’s claims are precluded and the motion for summary judgment should be denied. See Scales, 261 Va. at
In this essay, the author
- Explains that the fire damaged a dunkin donuts owned and operated by the plaintiffs. the defendant has moved for summary judgment asserting res judicata and/or collateral estoppel.
- Explains that rule 1:6(c) of the supreme court of virginia expressly provides for the filing of a separate action independent of an prior mechanic’s lien.
- Explains that even if plaintiff settled its counterclaim against the defendant with preclusive effect, that settlement could not bar the plaintiff's insurer from filing a separate claim as plaintiff’s subrogee.
- Explains that the fire damaged a dunkin donuts owned and operated by the plaintiffs. the defendant has moved for summary judgment asserting res judicata and/or collateral estoppel.
- Explains that rule 1:6(c) of the supreme court of virginia expressly provides for the filing of a separate action independent of an prior mechanic’s lien.
- Explains that even if plaintiff settled its counterclaim against the defendant with preclusive effect, that settlement could not bar the plaintiff's insurer from filing a separate claim as plaintiff’s subrogee.
- Explains that triable issues of fact exist on the plaintiff's claims against the defendant. these factual disputes preclude summary judgment and the claimant’s motion is properly denied.
- Explains that summary judgment is available only when there are no material facts genuinely in dispute.
- Explains that the defendant filed a complaint to enforce the mechanic's lien in fairfax county circuit court. the parties entered into an agreement to preserve the instant suit and that plaintiff’s insurer retained the right to bring it.
- Explains that the provisions of this rule shall not bar a party or party's insurer from prosecuting separate personal injury or property damage suits arising out of the same conduct, transaction, or occurrence.
1090 wordsRead More - Obtaining A Grocery Storecomparative essayNon-owned and hired automobiles – protection against damages and loss that may occur when a rented vehicle or a vehicle owned by an employee is involved in an accident while conducting business for your grocery store
In this essay, the author
- Explains that obtaining proper grocery store insurance is the best way to protect you as the owner, employees, inventory, and customers.
- Explains the importance of grocery store insurance, including liability coverage, to protect your business against loss when you are found liable for injury, negligence, or the loss of another party's health, reputation or property.
- Explains that liability insurance policies cover the cost of medical care, loss of services, and restitution, if the injury leads to death.
- Explains that obtaining proper grocery store insurance is the best way to protect you as the owner, employees, inventory, and customers.
- Explains the importance of grocery store insurance, including liability coverage, to protect your business against loss when you are found liable for injury, negligence, or the loss of another party's health, reputation or property.
- Explains that liability insurance policies cover the cost of medical care, loss of services, and restitution, if the injury leads to death.
- Explains that advertising injury protects against damages or injuries that occur during the advertising process for your store or goods.
- Explains that completed operations and products – protection against injuries or damages that happen due to the use of the products or services that you provide.
- Explains contractual liability – protection that extends to a variety of contract in which you may enter.
- Explains that medical payments cover the medical expense or funeral expenses for someone injured on your business site.
- Explains that non-owned and hired automobiles protect against damages and loss that may occur when a rented vehicle or an employee is involved in an accident while conducting business for your grocery store.
- Advises grocery store owners to include property insurance as a part of their insurance plan to protect their buildings, business property, and inventory against physical damage or loss.
- Explains that when you have loss of use or business income coverage, your revenue stream will be protected if covered damages of loss strikes your store.
- Explains that if a business is found to be responsible for loss of use or damage to another’s property, the value of the damaged property will be paid for by your policy.
- Recommends adding personal injury coverage to your grocery store insurance policy. when you click on the quote request button, you will be well on your way to obtaining the protection of your business.
695 wordsRead More - Case 4.2 Flowers Incexplanatory essayDue to Flowers' Inc’s negligence in this matter, Jim may pursue personal injury compensation from Flowers' Inc. When Ruth carelessly parked her car on a steep hill without her parking brake engaged correctly, she created a factual causation, in this case. If not for Ruth’s actions, damages to Jim would not have taken place entirely. Due to Ruth’s breach of duty to operate her personal vehicle (though in use for business purposes at the time of the incident) Jim can pursue a damage reward due to her
In this essay, the author
- Explains that jim, the victim that was injured due to ruth's actions will not be able to recover any damages from her directly because the employer is directly liable for its own failure to supervise their employee’s intentional torts.
- Explains that ron and flowers' inc are responsible for jim's damages and ruth’s actions and subsequent damages due to the unavailability of the delivery trucks.
- Explains flowers' inc's responsibility to ensure that ruth was a competent driver, had been trained appropriately for driving conditions, and was knowledgeable about poor parking techniques.
- Explains that jim, the victim that was injured due to ruth's actions will not be able to recover any damages from her directly because the employer is directly liable for its own failure to supervise their employee’s intentional torts.
- Explains that ron and flowers' inc are responsible for jim's damages and ruth’s actions and subsequent damages due to the unavailability of the delivery trucks.
- Explains flowers' inc's responsibility to ensure that ruth was a competent driver, had been trained appropriately for driving conditions, and was knowledgeable about poor parking techniques.
- Explains that jim could sue flowers' inc for damages for ruth's negligent actions. since ruth was performing an act to further her employers' purpose within the scope of her employment.
- Explains flowers' inc's negligence insurance policy would be used to reward jim for his medical costs, pain & suffering and lost wages damages.
- Cites ralph c. ferrara and diane sanger's article, derivative liability in securities law: controlling person-liability, respondeat superior, and aiding and abetting.
440 wordsRead More - Orange Inns, Inc.: Case Studynarrative essayClient, Orange Inns and Suites, Inc., is in a dispute with Mr. Samuel Binion. Mr. Binion was a guest at the Motel. Valued items from Mr. Binion’s car were stolen overnight at the Motel’s parking lot. He claims that the front desk clerk told him that the trunk of his car was a good place to store his items and that the parking lot was a very safe place. He is upset that his custom made $22,000.00 wake board was stolen and that he should not be responsible.
In this essay, the author
- Narrates how the client, orange inns and suites, inc., is in a dispute with mr. samuel binion. he is upset that his custom made $22,000.00 wake board was stolen.
- Narrates how the client, orange inns and suites, inc., is in a dispute with mr. samuel binion. he is upset that his custom made $22,000.00 wake board was stolen.
109 wordsRead More - Martin's 1966 Pontiac GTO Case Summaryexplanatory essayIn considering the issue of Martin’s recovery of his 1966 Pontiac GTO, your discussion post indicated that the purchaser of the vehicle from the used car dealer was entitled to reimbursement based on a purchase in good faith; therefore, the courts would need to determine how to rightfully reimburse both Martin and the purchaser. Based on North Carolina statutes on good faith purchases, the case for the purchaser’s refusal to release the car to Martin and his path toward reimbursement becomes quite murky.
In this essay, the author
- Explains that martin's 1966 pontiac gto was recovered based on a good faith purchase, so the courts would need to determine how to reimburse both martin and the purchaser.
- Explains that purchasing in good faith can only give to the buyer the seller's interest in the item, since benjamin did not hold the title to it. martin would be rightfully given back possession of the 1966 pontiac gto.
- Explains that the doctrine of good faith purchasing protects an innocent buyer, but the low price of the deal could open up further inquiry into possible illegal involvement in the possession and sale of stolen property.
- Explains that martin's 1966 pontiac gto was recovered based on a good faith purchase, so the courts would need to determine how to reimburse both martin and the purchaser.
- Explains that purchasing in good faith can only give to the buyer the seller's interest in the item, since benjamin did not hold the title to it. martin would be rightfully given back possession of the 1966 pontiac gto.
- Explains that the doctrine of good faith purchasing protects an innocent buyer, but the low price of the deal could open up further inquiry into possible illegal involvement in the possession and sale of stolen property.
- Explains that martin made a police report at the time of discovery of the theft of his automobile, which would suggest that pursuant to north carolina general statute 20-102 (2016), the police department would have notified the division of motor vehicles.
490 wordsRead More - Elizabeth Morich V. Erdrich Case Briefexplanatory essayThe Plaintiff Julia Bishop was severely injured when Elizabeth Morich’s foot slipped off of the brake and onto the accelerator and struck the Plaintiff, pushing her through the wall of the storage shed. Elizabeth Morich did not have a driver’s license at the time, nor had she begun driving instruction. The Bishops sued Elizabeth Morich on a theory of negligence and her parents on a theory of negligent entrustment and supervision. The trial court granted summary judgment for the Defendant’s parents on the negligent entrustment supervision account.
In this essay, the author
- Explains that julia bishop was severely injured when elizabeth morich's foot slipped off of the brake and onto the accelerator and struck the plaintiff, pushing her through the storage shed.
- Explains that julia bishop was severely injured when elizabeth morich's foot slipped off of the brake and onto the accelerator and struck the plaintiff, pushing her through the storage shed.
87 wordsRead More - Los Angles: A Case Studyexplanatory essayThe insured is owner operator of the bus and was taking the vehicle in for its mandatory 45 day inspection. The insured was unfamiliar with the traffic conditions as he never driven in this area of Los Angles.
In this essay, the author
- Describes how the insured's bus struck a pedestrian resulting in fatal injuries to the 58-year-old female with four adult children in los angles, ca.
- Describes how the insured's bus struck a pedestrian resulting in fatal injuries to the 58-year-old female with four adult children in los angles, ca.
126 wordsRead More - Contract Case Studyexplanatory essayMr. Andresen verbally offered Ms. Carver a job as an GTF employee and a trailer home, which Ms. Carver verbally accepted. Ms. Carver agreed to have her rent for the trailer home deducted from her monthly paycheck. Ms. Carver signed this lease agreement, at the age of 17 with Mr. Andresen whom at the time of the agreement, was not unaware that Ms. Carver was 17. Ms. Carver and her dog, Drake moved into Mr. Andresen’s trailer home. After living there for multiple months Ms. Carver’s family lawyer and trustee sent notice to Mr. Andresen that Ms. Carver was disaffirming her lease agreement and wanted her rent money immediately returned. Ms. Carver than moved out of the trailer home, without cleaning the trailer home, leaving Mr. Carvers dog hair
In this essay, the author
- Describes how mr. andresen verbally offered ms. carver a job as an employee of gtf. she agreed to have her rent deducted from her monthly paycheck.
- Explains that a legally binding contract requires four elements: agreement, consideration, capacity, and legal object. a valid offer must be communicated to the offeree and have definite material terms.
- Explains that consideration is a promise from one party with the other party performing an act as their consideration to the promiser.
- Describes how mr. andresen verbally offered ms. carver a job as an employee of gtf. she agreed to have her rent deducted from her monthly paycheck.
- Explains that a legally binding contract requires four elements: agreement, consideration, capacity, and legal object. a valid offer must be communicated to the offeree and have definite material terms.
- Explains that consideration is a promise from one party with the other party performing an act as their consideration to the promiser.
- Explains that a legally binding contract requires capacity of both parties entering into the contract. for children, basic necessities of life are legally required to be provided by the child's parents.
- Explains that there are exceptions to the minor's rights to disaffirm a contract.
- Explains that when a former minor takes actions after reaching the age of 18 that are consistent with the aim to ratify the contract, an implied-ratification occurs.
- Explains that mr. andersen offered ms. carver an express contract with a full-time job working for gtf and trailer home for $350/month.
- Explains that ms. carver was 17 when she entered into the agreement and was not legally capable of entering into a contract. she continued to live in the apartment for several months after turning 18.
- Explains that the contractual agreements between ms. carver and mr. andersen, work in exchange for compensation and a trailer home, contained no elements for illegality regarding state and federal laws.
866 wordsRead More - Cede V. Pper Case Summaryexplanatory essayThis loss arises out of a motor vehicle accident in the state of MT where the cede’s insured crossed the centerline and struck the plaintiff’s vehicle. Both the plaintiff operator and his passenger sustained serious injury resulting extensive medical care. Under Mt law, insurers are required to advance pay bodily injury/medical payments where liability is reasonably clear. Based on unfavorable liability the cede tendered their policy limits of $100,000.
In this essay, the author
- Explains that the loss arises out of a motor vehicle accident where the cede's insured crossed the centerline and struck the plaintiff’s vehicle. under mt law, insurers are required to advance pay bodily injury/medical payments where liability is reasonably clear.
- Explains that the plaintiff's attorney argued the liability limits should be stacked entitling them to $400,000. the cede filed a motion for declaratory relief, arguing they satisfied their obligation under the terms of the policy.
- Explains that the district court ruled in favor of the plaintiff’s with a finding of breach of duty to indemnify & defend against the cede.
- Explains that the loss arises out of a motor vehicle accident where the cede's insured crossed the centerline and struck the plaintiff’s vehicle. under mt law, insurers are required to advance pay bodily injury/medical payments where liability is reasonably clear.
- Explains that the plaintiff's attorney argued the liability limits should be stacked entitling them to $400,000. the cede filed a motion for declaratory relief, arguing they satisfied their obligation under the terms of the policy.
- Explains that the district court ruled in favor of the plaintiff’s with a finding of breach of duty to indemnify & defend against the cede.
- Explains that the plaintiffs agreed to file a satisfaction of judgement and release the cede from the remaining bad faith & unfair trade practices action.
304 wordsRead More