train which caused the cargo to shift during the trip‚finally the wood got damaged. Issue The issue of the case is that which party should bear the risk of loss given that the railroad’s negligence in loading the train during transport caused the damage to the goods and the contract indicates Mitsubishi would import the wood from Taiwan and deliver it to Crown’s plant in Atlanta. Rule A destination contract requires the seller to deliver conforming goods to a specific destination.The risk of
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in a direct and instant way. To get damages for this kind of loss‚ the no breaching party must show that the breaching party knows of the special situation or requirements at the time the contract was made. Example: In the scenario above‚ if Business A know that Business B required the new furniture on a particular day because its old furnishings was send-off to be cart away the night before‚ the damages for breach of contract could include all of the damages awarded in the situation above‚ • Payment
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ruined their relationship even more. “The Father” ended in dramatic irony because John didn’t think about how his behavior and actions affected his son. While Johnny was running away‚ John realized what the problem was all along and he worried if the damage he made was irreparable. 3. John didn’t spend enough time with his son because he thought Johnny just wanted to be left alone. John should have communicated more with his son and spent less time drinking. 4. When his son is running away from him
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different contractor. This contractor had a cost. Which was the main issue that Mrs. Clarkson was seeking to be reimburse. Mrs. Clarkson was also seeking for punitive and actual damages that came from the sequence of events. Conclusion: Mrs. Clarkson is in all accurate with what she claims‚ and Orkins is liable for any damages and treatment that the house may present today or in the future. If Orkin chooses not to comply he will be breaching a contract and facing legal violation of the South Carolina’s
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dirt (pool) Long Term: • Damage to property (foundations) • Maintain good reputations • Noise is a problem (writing‚ music‚ sleeping) ○ Avoid reputation and publicity problems • Danger with vibartions / explosions (dentist) • Maintain low cost of operations • Have a single point of contact and responsibility ○ No accidents • Shorten the period of the project and the damages because of it ○ No
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the court considers the following three tests as detailed in the text Nikolas James‚ Business Law‚ 2012 (1st) Edition; - The intention of the person who attached the object - The ease or difficulty to remove the object And - Whether substantial damage will be caused by the objects removal. These tests can be applied to the issue at Bumpinyallup Caravan Park. The park homes intended use was to provide short term accommodation for travellers staying at the caravan park. It can be assumed from the
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difference in the financing costs they experience because of the delay should be presented as damages because the breach by defendants will result in a higher financing cost. Also‚ plaintiffs strongly stress the breach of contract because they suffered costs and attorney’s fees as well as financing costs for the delay in acquiring a second mortgage obligation; Defendant’s delay should be calculated as damages for plaintiffs. On June 15‚ 2004‚ plaintiffs’ real estate attorney forwarded a time-of-the-essence
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Most people hate damage because it creates pain and pain gives unpleasant feeling. They see damage as a marker for “bad experience ahead!!” or “Avoid at all cost. Don’t let it happen to you.” But as stated in the quote‚ pain makes you become better person if you know how to embrace it. Imagine when Michelangelo’s David was craved‚ hammer and chisel were struck against the marble block‚ damaging it‚ but eventually the block of marble was turned into one of the most famous statue in the world. During
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to accomplish) DAMAGES (looks to what P lost): Compensatory Damages: “to make someone whole” (compensate a harmed party for loss or injury--for harm already suffered) desire to substitute money for a harm -- to replace something with money (designed to make P as well off as he would have been had he never been wronged) Contracts cases: to protect P’s expectation value "GENERAL" vs. "SPECIAL" DAMAGES: GENERAL/DIRECT/COMPENSATORY
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regularly to ensure stabilization‚ therefore offering Gord McNamara‚ Caption’s president‚ a low-cost annual maintenance contract which he had refused. Our company is founded on high quality work and satisfaction for our customers‚ however the damage you have endured clearly resulted from lack of maintenance and poor workmanship by other contracts‚ which we as a company is not recognized for. It is our best intention to provide top service and to solidify our relationship and trust with you‚ however
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