Liquidated damages Essays

A.E.M Vs. Transtar, Pay If Paid and Pay When Paid Clauses The court case mentioned within the video discusses a dispute in which the general contractor, A.E.M Electric Services Corp, and the subcontractor, Transtar Electric Inc., challenges a “pay-if-paid” or a “paid-when-paid” clause. A.E.M claims the contract has fallen under the terms pay-if-paid where the subcontractors are not capable of receiving payment unless the owners pay the general contractor, whereas Transtar claims the opposite, pay-when-paid

Moreover, the poem “Reports to Wordsworth” makes use of an abundant amount of figurative language in order to alert people about the damage humans have caused to nature, and thus they must attack quickly before it is too late. Primarily, nature is personified as a person, where the author capitalizes the n indicating it has a name. This greatly influences the poem as it demonstrates that

WHAT IS TORT ( NATURE & DEFINATIONS ) Shall I write above Law of Tort or Law of Torts. But we will take up the difference a bit later and first get to know what a tort is ? Tort which is equivalent to the English term ‘wrong’ finds its root in the Latin term ‘tortum’ which means ‘to twist’. Thus “tort means “a conduct which is not straight or lawful, but, on the other hand, twisted ,crooked or unlawful . Tort is violation of a legal right vested in any particular individual (defamation)

In court, Sara Creek had to justify the breach and hoped to pay damages, but Walgreen’s desired an injunction. Before comparing damages to an injunction in this specific case, it is helpful to mention the general differences between the two. One advantage of awarding an injunction (specific performance) is that it is on the parties to negotiate damages that benefit both sides. If the transaction costs are low, it could be more efficient to award an injunction

Lumpur Golf and Country Club Bhd , where in this case,its about the misrepresentation and the issues which arose from this case are firstly, whether plaintiff induced by misrepresentation or not? Secondly is that whether is there any real loss or damages that had been proven or not? Thirdly,whether plaintiff suffered hardship caused by the misrepresentation and lastly whether is this case is suitable case to warrant an order of rescission? In this case, the judge had held that

Reasonableness is a big factor in negligence. The law of negligence is imposed to try and make a person have those around them in mind before carrying out an action that could cause damage or loss to those around them. There are four main elements of negligence liability: duty of care, breach of duty of care, damage or injury and causation. To prove negligence the plaintiff must establish these four elements .Together those elements form the tort of negligence .One of the key cases in negligence

is not used to help others, they turn into cowards or monsters. The author uses complex word structure to create a more vivid painting of action. He draws out the simple act of slapping by answering the questions “how”, “what position” and “what damage” in relation to the hand as a result of the slapping. “Making a short deft movement” demonstrates the reflexes Tom has, despite being currently hungover.

negligence and wantonness, and the tort of outrage.   The jury returned a verdict against Akins and in favor of both plaintiffs.   The jury assessed compensatory damages at $450,000 and punitive damages at $150,000, for a total of $600,000 in Megan's case; in Teresa's case, the jury assessed compensatory damages of $200,000 and punitive damages of $150,000, for a total of $350,000.” (AKINS FUNERAL HOME INC v. MILLER) However, things for the Akins funeral Home just gets worse and worse

TOTAL AND PARTIAL LOSS The relevant provisions of the Marine Insurance Act, 1963 relating to partial and total loss are- Partial and total loss - (1) A loss may be either total or partial. Any loss other than a total loss, as hereinafter defined, is a partial loss. (2) A total loss may be either an actual total loss, or a constructive total loss. (3) Unless a different intention appears from the terms of the policy, an insurance against total loss includes a constructive, as well as an actual, total

the fundamental principle that claimant is to be put in the position he would have been had the breach not occurred. Furthermore, the primary obligation of both systems is performance of the trust or contract and the secondary obligation is to pay damages or compensate for loss. However, common law can be distinguished on the basis that the aim of the remedy is to remove the loss caused by the breach while in equity, equitable compensation aims to eradicate the breach instead. Furthermore, no fault

Overview Qualified Meetings was founded in 2015. The major focus of the company is sales development targeted to tech firms selling software solutions for corporate accounts. The mission statement of the company is to, “Enhance the performance of sales and marketing teams through high velocity educational outbound with intelligence, streamlining of process, providing complete transparency, and paving the way for a predictable pipeline to generate results” (Qualified Meetings, 2015). Structure There

Immorality means, the word "immoral" is normally used to describe persons or actions. In a broader sense, it can be applied to groups or corporate bodies, beliefs, religions, and works of art. To say that, some act is immoral is to say that violates some moral laws, norms or standards. In The Invisible Man, H.G. Wells both shows and condemns man's propensity to wind up good or unethical with the procurement of force. In the same way as other books of the same time, he utilizes science as the instrument

losses as a result of the criminal activity shall have the right to restitution from the person convicted of the crimes for losses they suffer. The Analysis The court found that Wendy’s property was damaged as a result of Ayala’s hoax causing damages in excess of 3,200,000 which constitutes a 4 year sentence, they also ordered her to pay $170,604.66 to 177 line employees and 9 general managers for restitution. She was also being tried for an unrelated matter which resulted in a total sentence

This case involves the wrongful death of Bianca Barnes age 10 years old at a skating rink. On December 25, 2000 Bianca Barnes took a bus from her home in Ruleville to the Spotlite Skating Rink in Greenwood. Shortly after arriving at the rink Bianca fell once, hit her head and began to cry. After she stopped crying she decided to ride the bus back home and because her mom was at work she went to a neighbor’s home. Bianca’s mother didn't learn about the fall until the next day after the incident occurred

2) Facts Of Case The Trial Stella Lieback vs McDonalds started on February 27, 1992. Stella Liebeck was a 79 year old woman who drove to McDonald's one day with her grandson to order a coffee. When they parked the car so that she can add sugar and creamer she place the beverage in between her thighs to hold in place the drink. When she opened the lid she accidently spilled the entire cup of hot coffee all over her lower area which lead to her obtaining third degree burns. This resulted in her having

Competitive sports should Not be Played “I've been all too familiar with accounts of N.F.L veterans exhibiting Alzheimers-like symptoms in their 40s,” says Adam Buckley Cohen of the New York Times. Many people playing sports are experiencing severe injuries.Competitive sports are sports that include physical contact. The sports include football, lacrosse, soccer and baseball are some. And there are over 45 million kids play competitive sports according to Jay Atkinson from The Boston Globe. Competitive

1. How to escape through an emergency door Most of the emergency doors come with a manual override, and can be easily opened with the help of ‘press to exit button’ or with a ‘break glass override device’. In fact, each and every security or access controlled locking system require either a mechanical or electro-mechanical override in order to escape through that particular door in case of an emergency like fire hazard or earthquake. Most of the fire door locks consist of a manual override and

Brad’s house had an explosion leading to a fire that caused damages to his house and his neighbour, Tom’s. Tom and Brad are making claims that both have a legal basis. Tom chooses to hold Brad and Katherine, the firefighter, liable for damages. Meanwhile, Brad, who claims that there is no responsibility of his for the fire, believes that someone must compensate him for his loss as well as Tom’s. Brad is making his legal claims against Patrick and his employer, A-1 Furnaces Limited, and the City.

In one of the most remarkable scenes in the film history, crop duster scene, Cary Grant is portrayed as an isolated man, faced by hostile elements in a scary dream world. Hitchcock has to abandon subjective view point and to resort objective view point just as in The Birds, in order to prepare the public for the threat of the plane drive. The crop dusting sequence is relevant in the film’s development. The complacent, self-confident Cary Grant character is exposed in open country away from the

accordingly to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice, will be done between the parties. Specific performance grants the Plaintiff what he actually bargained in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it. This Specific Performance is an equitable rather than legal remedy. By compelling the parties to perform exactly what they had agreed