This Lease‚ made and entered into ________________________‚ by and between Curtis Denton Barnhill of the one part‚ hereinafter mentioned called the lessor and __________________________ of the other part‚ hereinafter called the lessee‚ both of said county and state witnessed: That the lessor‚ in consideration of the agreements and covenants hereinafter mentioned to be fulfilled by the lessee‚ both hereby demise and lease to the lessee‚ his heirs‚ executors‚ and administrators‚ for the period of
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delay must be compensated. The amount of compensation is usually set in advance and called ‘liquidated damages’ - Use a straightforward calendar date to name the delivery date: 15th September 2010‚ for example. The parties often plan for the contract to come into existence in two steps: the signature date and the date of coming into force. The date of coming into force is not usually a calendar date‚ but the date on which the last precondition is met. Common preconditions are: + Receipt
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unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means. -The case was almost immediately reversed Miliangos V George Frank Textiles George Frank Ltd was a Swiss textile producer who sold and delivered textiles to Miliangos‚ textile trade located in England. Miliangos refused to pay for the textiles. George Frank sued Miliangos in England for the amount of the debt in the currency of the contract which was Swiss francs. -Overruling a decision
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Types of Contracts [pic] Choosing type appropriate contract type is essential to successful performance under a contract. The type of contract determines the cost and performance risks which are placed on the contractor. There are two broad contract groups--fixed price and cost reimbursement. Within each of these groups‚ there are various types of contracts which can be used individually or in combination. [pic] Firm Fixed Price Contracts [pic] This type of contract requires the contractor
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TYPES OF CONTRACTS The risk shared between the buyer and seller is determined by the contract type. Although the firm-fixedprice type of contractual arrangement is typically the preferred type which is encouraged and often demanded by most organizations‚ there are times when another contract form may be in the best interests of the project. If a contract type other than fixed-price is intended‚ it is incumbent on the project team to justify its use. The type of contract to be used and the specific
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accepts the offer and they sign a contract to that effect. After the contract is signed‚ Teri learns of a Boston rule that all firefighters must live within the Boston city limits. Teri decides not to move and contacts Jack to let him know she won’t be moving after all. Jack sues Teri in municipal court‚ asking for specific performance in accordance with the original deal. Teri argues that‚ although specific performance is usually appropriate in land sales contract cases‚ the judge has the discretion
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INTRODUCTION AND RATIONALE OF QUASI CONTRACTS:- Under the general heading of the Quasi contract there has been grouped a number of cases which have little or no affinity with contract. A simple illustration is afforded by the action to recover money paid by mistake. If the plaintiff on an erroneous interpretation of the facts‚ pays to the defendant a sum of money which he does not really owe‚ law‚ no less than justice‚ will require he defendant to restore it. But his obligation is manifestly not
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CONTRACT LAW – LECTURE 4 Promissory estoppel Is about the enforceability of all alteration promises (promises to pay more and promises to accept less) and by contrast estoppels does not apply to promises about the formation of initial contracts Ex. If a creditor promises to accept a smaller sum in full settlement intending the debtor to rely on that promise‚ and the debtor does rely on it‚ the debtor may have a defence of promissory estoppels when sued for the balance by the creditor. The promise
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Fixed-Price Contract or Cost-Reimbursement Contract Willie Glover BUS 501 February 20‚ 2011 Dr. Nick Nayak Abstract Fixed-price contracts and cost-reimbursements are two different forms of contracts used by the federal government while determining contract pricing. Contracting officers may use either when contracting however there are several types of fixed-price contracts. Fixed-price type of contracts provide for a firm price or an adjustable price. Fixed-price contracts consist of firm-fixed-price
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Division Manager DATE: October 13‚ 2014 SUBJECT: Claims of constructive discharge As you have requested this investigation to be conducted regarding an ex-employee that has filed a case against the company in regards to a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. After much investigation and review‚ following is the recommendation and summation generated from the case law. Constructive discharge by definition is when an organization employee resigns because he/she
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