Contractual term

Using the “remedy-centered” approach in Mr. Wong’s case would likely lead to the survival of his ADA claims, as a) they do not seek a remedy that is also available under the IDEA, b) the claims do not fit under the three prescribed categories mentioned in Payne, and c) the ADA claims would be able to stand on their own apart from an IDEA claim. Mr. Wong seeks monetary compensation for CW’s physical and emotional injuries and attorney fees.xli As discussed above, attorney fees and compensatory…

be considered for the contract to paint Eastfield plaza. In this process contract, if accepted by the contractors, MML would have an obligation to accept the lowest-priced tender that complied with the terms of the tender process and be obliged to enter into a bilateral contract with them. These terms include the tenders being treated as confidential, the tender needing to be received by the 24th February at 5pm along with the aforementioned admin fee.…

owner. A construction contract includes terms involving financing, payments, liability concerns, insurance issues, and a variety of other topics that the parties may wish to include. Should a conflict emerge during the construction, the contract must be reviewed to determine how it dictates such a conflict will be resolved. In many cases, a construction claims consultant may be contacted to review the contract. Construction claims consultants analyze the terms of construction contracts to…

We can see one of the terms of this contract was for the “duration of the contract and for ten years after termination, Pat could not sign up to feature in an audio-visual production shot anywhere in the world without prior approval of Mingers Ltd” . I Pat was to undertake work for Beautiful People in Australia whilst he was under contract to Minger Ltd without their approval he would be in breach of the contract terms. “When any party to a contract, whether oral or written, fails to perform any…

Prior to a foreclosure sale, “a party to the lien instrument . . . may file in [a foreclosure] action a motion to stay the sale of the property and dismiss the foreclosure action.” Md. Rule 14-211(a)(1); Thomas, supra, 427 Md. at 444 n.5. Indeed, prior to the sale, Sucklal filed a litany of motions to either dismiss or stay the foreclosure proceedings. The gravamen of Sucklal’s serial filings was that the lenders had no right to foreclose. Unlike Sucklal’s post-sale motions, her pre-sale…

Airline Employee Denied Long-Term Disability and His “Day in Court” Seeking Assistance Former Northwest Airline (NWA) employee Dennis James filed two disability claims after a car accident in 2002 left him unable to work. One of the claims was for disability pension benefits under NWA’s Pension plan. The other claim was for long-term disability payments and filed under NWA’s Long Term Disability plan, or LTD Plan. Both claims were denied. James decided to appeal these decisions, taking his…

1.1 Clearly explain what requirements must be in place for a Contract to exist between two parties: A contract is a legally binding agreement offering rights and imposing obligations of specific terms between two or more persons (or entities) in which there is a set of promises in re-turn for a benefit (a consideration). The legal bind is only applicable upon the party or ‘privy’ who enter the contract. For a contract to exist between two parties there must be evidence of the following…

Qantas, like other Australian companies will have to shift to AASB 15 regulations when they come into effect in 2018. The regulations set guidelines for recognition of revenues. Indeed, it requires that revenues are recognized in a way that it is representative of goods/services that an entity has promised to transfer to consumers on basis of values that reflect the entity’s expectations in return for the goods/services supplied. a) Outline how companies are required to account for revenue…

First, they should segregate the project to see what should be done step by step. In other words, to find out how many small tasks in the project. A better way is to divide the tasks according to the objectives. For example, to throw a party for the customers in a club, we need drinks, cakes and snacks. To provide enough cakes on time is one of the objectives, so there should be someone to make the cakes. To provide enough snacks is another objective, so there should be some people responsible…

selling her a stereo for $514. This case dealt with unconscionability. Unconscionability includes “an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party (458).” The primary concern when determining reasonableness of the terms of the contract is to take it in light of the circumstances when the contract was made (458). The court held that the case must be remanded to the trial court for further…