Tim and Kristen work together in College Station, Texas. Tim mentions that he is selling his car and Kristen offers to buy it. When Kristen gets the car, the air conditioning doesn't work. Kristen says, "The deal is off." Tim responds, "No, we had a contract." If the parties do not want to go to court, but they would like a third-party to be involved, what form of alternative dispute resolution (ADR) could they use?
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- If any of the owners decided eventually to sell any or all of their shares and had identified a potential buyer, they all agreed that Ay-Bee-Cee-Dee Corp. should be granted the right to match the offer of the potential buyer and, thereby, buy back the shares rather than allowing that potential buyer to become a part owner of the company. To accomplish this, which of the following types of restrictions on transfer needs to be attached to the shares? Multiple Choice Provision disqualifying purchasers Buy-and-sell agreement Consent restraint Right of first refusal Option agreementWhile mingling with neighbours at a party, Ato mentions that he is responsible for evaluating bids for a large computer software contract. A few days later, Ato receives a lunch invitation from one of his neighbours who also attended the party. Over appetizers, the conversation turns to the contract Ato is managing. Ato's neighbor seems remarkably well informed about the bidding process and likely bidders. Ato volunteers information about the potential value of the contract and briefly outlines the criteria his firm will use to select the winner. At the end of the lunch, Ato's neighbor surprises him by revealing that he is a consultant for several companies in the computer software market. Later that day, Ato's mind is racing. Question1 Did Ato reveal information that could provide a supplier with a 1.competitive advantage in the bidding process? 2. What are the potential business risks and ethical issues in this situation? 3.Should Ato report the conversation to someone? If so, whom…BUSINESS LAW EXPERT PLS ATTAIN THIS 1. An offer to contract was made to you by email. You decided to accept that offer and replied by email stating your acceptance. When is the acceptance validly communicated? 2. P entered into a 10-year lease of a warehouse. Thereafter, the local authority closed the only street access to the warehouse because of a dangerous building. The street was to be re-opened after the dangerous building was demolished. Discuss whether P could refuse to pay rent and have the contract set aside on the basis of frustration.
- Based on your knowledge of contracts from your reading this week, discuss the following case. Be sure to support your view with the facts and the law.Maurice is an accountant who works for the firm of Addum, Upp, &Paymee. Maurice was approached by Shirley Eugest, who represents one of Addumâs competitors, BeanCounters, Inc. Maurice was offered a substantial raise to leave his company and work for BeanCounters. When Maurice’s boss heard this he called him in and said, âIf you stay with us, I promise that next year you will receive a promotion with a 50% raise, and a 5-year contract.â Maurice turned down the offer from BeanCounters and stayed with Addum. Nine months later Maurice was dismissed due to corporate downsizing. Can Maurice legally enforce his bossâs promise? What theory or theories would Maurice use? Discuss fully.Topic 22. Read the scenario set out below and discuss the questions that follow it:Art…Which of the following statements regarding discharge of contracts is FALSE? 1) All parties are relieved of their obligations if the contract is discharged. 2) Party A need not pay for any goods received from Party B if Party A willingly accepts the partial performance of the contract by Party B. 3) A contract that becomes more expensive or difficult to perform will not be automatically discharged. O 4) A contract will be discharged if it becomes impossible subsequently to perform the contract.Ravi wanted to buy a property owned my Ramesh, Ravi invited Ramesh to his home to discuss the further course of action. During the discussion Ravi threatens to him to sell that property at a very low price. Under the threat of life Ramesh signs the agreement.Ramesh comes to you to check how the legal framework will help him to over comewith this situation and loss-making deal.
- James is looking to enter into a listing contract with Mary to sell her house. The two are trying to come to an agreement on what type of listing contract to use. What type of listing contract will offer James the least amount of protection? O An open listing agreement since it is a unilateral contract. O An exclusive Right to Sell agreement since it is a bilateral contract. O An Exclusive Agency agreement since the owner can still find a buyer themselves O An Exclusive Agency agreement since it is a unilateral contract.Mr. Abdul offers for sale at an auction "a working handheld electronic toy, ready to use straight away". Mr. Bashir places the highest bid as he wanted to make his child's birthday special. Mr. Abdul delivers the electronic toy without batteries. Mr. Bashir sues for breach of contract since the batteries were not delivered. What is the likely outcome of this situation? O a. The contract is invalid as Mr. Abdul and Mr. Bashir have different subjective intentions. O b. Mr. Abdul is in breach of the contract by not providing batteries O . The contract is valid as Mr. Abdul and Mr. Bashir have different subjective intentions O d. Mr. Bashir must pay more for the batteries on delivery of the electronic toyOxy Corp. is negotiating with Wick Construction Co. for the renovation of Oxy’s corporate headquarters. Wick, the owner of Wick Construction Co., is also one of the five members of Oxy’s board of directors. The contract terms are standard for this type of contract. Wick has previously informed two of the other directors of his interest in the construction company. Oxy’s board approves the contract by a three-to-two vote, with Wick voting with the majority. Question: Should the contract between Oxy Corp and Wick Construction corp. be set aside or is it binding? What would have been the proper way for Wick to conduct himself at the Oxy board meeting?
- An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding arrangement. It is argued for an offer to be effective, the terms of the offer must be clear, precise and unambiguous. Critically discuss this statement, with the following requirements; 1. On These six applicable case law on the subject matter: Carlill v. Carbolic Smoke Ball Co. (1892) Gibson v. Manchester City Council (1979) Basic facts Harvey v. Facey (1893) Stevenson, Jacques & Co. v. McLean (1880) Routledge v. Grant (1828) Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd (1953) 2. Thoroughly and in full detail explain • The issue • Basic facts of the Cases • The Judgement Note. • You cannot copy and paste the various cases. • You are required to discuss via a few paragraphs, what was the issue, basic facts and the judgement. • Conclude by applying the mentioned cases to the issue at hand in respect of question above.…after a salesperson inspected a property and completed a brokerage engagement, the seller examined and signed that contract. And Georgia, if the salesperson sponsoring broker had mentioned in the salesperson written affiliation agreement that the salesperson could sign a listing agreement as the agent, because this person legally have done so? Yes, because the seller had already examined and signed the contract Yes, because the salesperson was the agent of the broker No, unless the salesperson had completed all the education courses required of a broker No, because a sponsoring broker was the sellers agentPlease explain what a noncompetition agreement is. Explain what makes a noncompetition agreement not enforceable. Explain the business interests sought to be protected by noncompetition agreements. Think of an example where a business could protect these interests without saying an employee cannot work for a competitor.