from the contract‚ a promise to give something of value counts as consideration‚ and both parties must have bargained for whatever was exchanged and struck a deal. In the case of Kim v. Son‚ there is no consideration. There was no bargain exchanged between the two parties. Son felt guilty over Kim’s losses and thus offered a gratuitous gesture to repay Kim. This gesture is not enforceable in court. Since Son and Kim did not bargain for it‚ there is no contract‚ and Son does not owe Kim any money
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CASE WRITE-UP Case: Adobe Data Breach 1. About the Case On October 3‚ 2013‚ The Adobe Systems Incorporated in the United States of America discovered that there was a cyber-attack on their network during its regular monitoring of security check. The hackers made it through breaking in to the network and stole the sensitive and personal data of the customers which includes encrypted credit and debit card information‚ illegal access of customer ID ’s and also source code of other various Adobe
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Contract Law Notes Contracts ‘A’ Offer Bilateral contracts Unilateral contracts Offers to the public at large What is an offer? Mere puff Supply of information Invitation to treat Categorizing transactions Advertisements a) Advertisements in a catalogue or a curricular b) Advertisements in newspapers or magazines c) Advertisements appearing on the internet d) Display of goods Auctions a) Advertisement of auction b) Auctions with reserves c) Auctions without a reserve Tendering
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INTRODUCTION A contract (according to Gibson 1997) is a lawful agreement made between two or more persons within the limits of their contractual capacity‚ with the serious intention of creating a legal obligation‚ communicating such intention‚ without vagueness‚ each to the other and being of the same mind as to the subject matter‚ to perform positive or negative acts which are possible of performance. Contracting parties through agreement‚ breach and operation of law can terminate contractual
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In 1991‚ Columbia Pictures terminated an agreement with C. Elvin Feltner‚ the owner of several television stations. The agreement originally stated that Feltner could broadcast episodes of "Who’s The Boss‚" "Hart to Hart‚" "T.J. Hooker" and "Silver Spoons"‚ however Feltner was late on payments‚ so they canceled the contract. 19 months later‚ Feltner was still broadcasting the shows‚ even after Columbia Pictures repeatedly told them to stop. Columbia Pictures sued them for copyright infringement
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1.0 Contracts and its Elements 1.1 Essentials of a Contract Contracts form part of our daily life e.g. lease of house‚ sale/purchase of cars‚ etc. However‚ there are elements essential to form a contract. These are: 1.1.1 Offer/Invitation MacMillan & Stone (2004) described offer as “an expression of willingness to contract on certain terms. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations or discussions required.” This can be
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Introduction: Data breach has always been a sensitive topic‚ let alone when the data breach is related to banking. In the mean time‚ there’s a breach was found happened to the online banking system of the competitive bank of First Union Bank‚ and the hacker had stolen quantities of customers’ personal information and data. It has been an alarm for all the banks‚ it reminds the whole society to be alert of the damage caused by the data breach. The Chief Information Officer of the First Union Bank
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INTRODUCTION Indian Contract Act 1872 is the main source of law regulating contracts in Indian law‚ as subsequently amended. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. The Indian Contract Act 1872
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Breach of Confidentiality Advanced Healthcare has strong emphasis on patient satisfaction‚ convenience and patient privacy. Advanced Healthcare has an EMR and LIS. Advanced Healthcare is a mid-size clinic with an Urgent Care Clinic. The staff in smaller clinics often has multiple functions. The employee involved was a lab tech who generally worked nights and weekends to support Urgent Care. She had access to Electronic Medical Record to be able to search for lab orders. During implementation phase:
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2‚ 2010 Re: Angela Woodside vs. Doyle Construction 1. Has Doyle Contractors breached its contract with Angela Woodside? Explain your answer fully. 2. Does Ms. Woodside have to wait until after April 1‚ 2008 to sue Doyle Contractors for breach of contract? Explain your answer fully. 3. Assuming a breach of contract has or will occur‚ what remedies does Ms Woodside have after the breach? 4. What defenses might Doyle Contractors raise in the event it is sued by Ms. Woodside?
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