The kind of monetary damages which is designed to put the non-breaching party in the position they would have been in had a breach of contract not occurred is called "Compensatory damages."
Monetary damages are the amount of money awarded to the plaintiff in a civil case. They are paid to compensate for any losses or injuries that the plaintiff may have suffered as a result of the defendant's wrongful act. Monetary damages are often used in lawsuits involving personal injury, breach of contract, property damage, and other types of civil litigation.
Compensatory damages, also known as actual damages, are designed to put the non-breaching party in the position they would have been in had a breach of contract not occurred. They are awarded to compensate the plaintiff for any actual harm or loss suffered as a result of the defendant's breach.
Compensatory damages are intended to restore the plaintiff to the position they would have been in if the contract had been performed as promised. The amount of compensatory damages awarded will depend on the nature and extent of the plaintiff's losses or injuries.
Compensatory damages can include both economic and non-economic damages such as lost profits, medical bills, and pain and suffering.
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john and dave sign a written contract that is completely integrated. john claims that they orally agreed to various terms, as well. he testified that they orally agreed to 1) a different term hat what appears in teh writing prior to the drafting and signing of the contract
Under the parole evidence rule, a court would generally permit the use of evidence to prove the third oral agreement that significantly altered the contract about a month after the signing. Statement 3 is
A court would typically allow the use of evidence to prove the third oral agreement that materially alters the contract about a month after the signing under the parole evidence rule (point 3). This is due to the fact that evidence of earlier or more recent oral agreements that conflict with or differ from the terms of a fully integrated written contract is typically prohibited under the parole evidence rule.
Oral agreements made subsequently after the signing might be considered admissible to demonstrate changes or additions to the initial contract. As a result, evidence of the third oral agreement may be used to show how the contract was changed. Points 1 and 2 which involve verbal agreements before and during the contract's signing would typically be excluded under the rule against circumstantial evidence.
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The complete question is "john and dave sign a written contract that is completely integrated. john claims that they orally agreed to various terms, as well. he testifies that they orally agreed to: (1) a different term than what appears in the writing prior to the drafting and signing of the contract; (2) an additional term to what appears in the writing while they were signing the document; and (3) a term that significantly altered the contract about a month after the signing. a court applying the parol evidence rule would generally permit the use of evidence to prove which of those oral agreements?"
Canada Contractual Law
Valerie wants to splurge on her new she-shed (outdoor female equivalent of a man cave) Although her she-shed did have a lovely wine fridge and a crystal chandelier, something was missing. She hired a landscaping company – Major Tom’s Ground Control to provide a boxwood hedge, an angel stone path leading up to the shed, and several exotic plants and trees. A contract was drawn up which spelled out what Major Tom would do in exchange for $10,000.00. Valerie provided Major Tom with a $5,000.00 deposit to begin the work they had agreed upon. One stipulation in the contract, was that Major Tom would remove all leftover plant material and debris and clean the property before they left.
On the afternoon the landscaping was to be completed, she arrived home from work with her friends ready to begin enjoying the she-shed. The she shed looked lovely. Major Tom was nowhere to be found but they had left behind a hill of dirt, several shovels, a pair of work boots and two empty cases of beer. Valerie was not happy. She called Major Tom and told them that she would not pay the balance of $5000.00 because they had failed to clean the property as indicated by the contract after the work was completed.
What are the legal concepts and laws that are triggered by this scenario? Does she have a case?
Based on the material in Chapter 7, provide a clear and detailed rationale as to what can be done to solve the problem in this scenario.
The legal concepts and laws that are triggered by this scenario are the Breach of Contract and Contractual Remedies. Valerie has a case in this scenario.
What can be done to solve the problem in this scenario is that a demand letter can be sent to Major Tom’s Ground Control company. This letter should indicate that they breached the contract by failing to clean the property after completing the work and that she will not be paying the balance of $5000.00. In addition, Valerie should include that she is willing to pay a fair amount to have another company come in and clean up the property. Finally, she could inform Major Tom’s Ground Control that if they fail to comply with her demands, she will take legal action against them.
It is necessary to note that a demand letter should be sent with registered mail. This ensures that the letter is received by the intended recipient. If the letter is ignored, Valerie may need to file a claim in Small Claims Court. The evidence to support her claim includes the contract, deposit, pictures of the property, the demand letter, and any other correspondence between her and Major Tom's Ground Control.
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Hello! If a synovial ganglion (cyst) bursts due to a sudden movement or blow, does it reappear?
Answer:
This is a tricky one. If it bursts than there is a high risk on infection. However, there is a chance it will happen again, especially if the area is not properly cleaned after bursting and if the gunk isn't cleaned up. It could be dangerous if it is an internal cyst, so please be careful.
If you are convicted of speeding plus reckless driving on the same occasion, your license will be revoked for at least ______________
A producer may NOT advertise an insurance product if he/she
A) publishes the ad in a trade journal.
B) points out differences with the competition.
C) uses a policy title to misrepresent the coverage.
D) uses a paid spokesperson.
A producer may not advertise an insurance product if he/she publishes the ad in a trade journal. The correct option is A.
What is the use of advertising to sell insurance?Your insurance company cannot survive without marketing. It is how you develop warm leads from cold calls and expand your company. A well-thought-out marketing plan aids in establishing and maintaining a clientele that comes to your agency first for their insurance requirements.
Producers of insurance are those who work in the insurance industry. The state in which an insurance producer sells insurance requires licensing. It might be necessary to pass a test or adhere to state-specific educational and/or ethical requirements.
Thus, the ideal selection is option A.
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Do you believe Homeland Security is doing a good job in protecting America. Why or why not...
Answer:
No, I do not believe that Homeland Security is doing a good job in protecting America. The agency has been criticized for its lack of transparency and accountability, its failure to adequately address the threat of domestic terrorism, and its inability to effectively coordinate with other federal agencies. Additionally, the agency has been accused of overstepping its authority and infringing on civil liberties.
Answer: I completely agree with iov4jen. If Homeland Security can't even do their job's correctly, then how are they able to protect their citizens? It seems like Homeland Security needs someone to put them in their place and make them do their job's right.
More than 90% of officers killed in the line of duty die as a result of felonious attacks by criminals.
It is a false statement that more than 90% of officers killed in the line of duty die as a result of felonious attacks by criminals.
What is the meaning of felonious attacks?As a crime, a felonious assault means any sort of attack or threat of attack on another individual in which the attacker uses a dangerous weapon and seeks to cause serious harm but however stops short of an attempt to kill the victim.
These attacks on Police officers does not constitute to why 90% of officers killed in the line of duty die, rather, the causes are accidents, illness, old age etc. Therefore, the statement is a false statement.
Missing options True/False
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Which system has a central government and local units that implement the central government’s decisions?
A.
monarchical system
B.
unitary system
C.
federal system
D.
parliamentary system
Answer:
i think its c.................
What happens to earnings in a cooperative?
• They are used to pay middlemen for services.
• They are shared with member owners.
They are used to buy more stock for members.
• They are shared with customers through dividends.
Answer:
B. They are shared with member owners.
Explanation:
They are shared with member owners happens to earnings in a cooperative. Hence, option B is correct.
What is earnings in a cooperative?Instead of stock ownership, cooperatives distribute their profits based on patronage. The cooperative keeps track of how much members "use" the cooperative as suppliers, producers, or laborers. This information is used to determine patronage and patronage allocations, which are two different concerns.
In a cooperative, profits may be divided among the members based on how they use the cooperative. These patronage allocations may be held as assigned equity in the member's name, returned to the member in the form of an equity allocation in their name, or a combination of the two.
A common feature of cooperatives is the fact that they frequently distribute profits to its members, which provides a strong incentive for the business to pursue profitability.
Thus, option B is correct.
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According to Mancur Olson, which of the following is a basic dilemma in political life? a. Principal-agent problem b. Collective action problem c. Chicken-Egg problem d. Mind-Body problem
According to Mancur Olson, the basic dilemma in political life is the collective action problem.
Mancur Olson, an economist and political scientist, identified the collective action problem as a fundamental dilemma in political life. The collective action problem refers to the challenge of coordinating and motivating individuals to act collectively for the common good when they have competing interests or face free-rider incentives.
In political contexts, the collective action problem arises when a group of individuals shares a common interest or goal but struggles to mobilize and take collective action to achieve it. This occurs because individuals may perceive that their individual efforts will not significantly impact the outcome or that they can benefit from the group's efforts without contributing themselves (free-riding).
Mancur Olson argued that the collective action problem can hinder the effectiveness of interest groups, social movements, and even democratic governance. Overcoming this problem often requires the development of mechanisms, such as incentives, institutions, or leadership, to align individual interests with collective goals and encourage active participation.
By recognizing and addressing the collective action problem, policymakers and organizations can strive to foster cooperation, mobilize collective action, and overcome the challenges associated with pursuing common interests in political life.
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Examine the following cartoon. What does it suggest about U.S. foreign policy when
it comes to Iran and Israel?
Examples of unethical conduct investigating officer should refrain from
An examples of an unethical conduct that an investigating officer should refrain from includes:
lyingdeceptionprejudicediscriminationegoism.What is an unethical conduct?These refers to those behavior exhibited by a professional, which are oppose to what is expected of such individual occupying such position to act in normal circumstance.
Some example of an Unethical behavior from people in power are:
Officers using the Internal Revenue Service to exploit some groups because he hate them.Officer using the public funds for luxury.These unethical behavior of people in power have a massive effect on ordinary citizens and public workers as the masses might lose confidence on ability of the person in power, encourages unethical behavior among officers etc.
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Question 13 of 20
Jane wants to increase her political participation beyond voting in elections.
Which action would accomplish this?
A. Running for political office
B. Serving on a jury
C. Volunteering at a soup kitchen
D. Participating in a boycott
Running for political office is an action that would increase Jane's political participation beyond voting in elections. Option A is correct.
By running for political office, Jane can actively engage in the political process, contribute to shaping policies and decisions, and represent the interests of her community or constituency. This level of political participation allows Jane to have a direct impact on governance and influence the direction of public policies.
Serving on a jury, volunteering at a soup kitchen, and participating in a boycott are all important civic actions, but they do not necessarily involve direct political participation beyond voting. Serving on a jury is a civic duty and contributes to the legal process.
Volunteering at a soup kitchen is a form of community service that addresses social issues. Participating in a boycott is a form of economic activism. While these actions contribute to society, they do not involve direct engagement in the political decision-making process as running for political office does.
Therefore, option A is correct.
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PLEASE HELP!!!
1. Which of the following is a way that voters can work around their legislatures?
A) initiative
B) constituents
C) Legislative referendum
D) recall
A way in which voters can work around their legislatures include the following: D) recall.
What is the legislative branch?In Government, the legislative branch can be defined as one of the three branch (arm) of government that comprises legislators who are saddled with the responsibility of creating and enacting laws in a particular country.
What is a recall election?A recall election is sometimes referred to as political recall and it can be defined as a strategic procedure or process through which voters (electorates) have a legal authority to formally remove an elected official from office before his or her term of office ends, especially through a referendum (general vote by the electorate).
This ultimately implies that, recall election is a constitutional right that is accrued to the people in a country or state, that is practicing a democratic form of government.
In this context, we can reasonably infer and logically deduce that voters (electorates) can legally work around their legislatures through recall elections.
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Who has the right-of-way at a four-way stop?
Answer:
If 2 or even more cars reach a 4 stop junction at the same moment, the automobile to the right seems to have the right of way after halting. Red light is flashing - It really should be interpreted as a stop sign; halt and yield to vehicles travelling in the adjoining road.
Directions: Read about Affirmative Defenses and the scenario below then answer the
following questions.
Dr. Gandhi is employed at Seward Hospital, where he is in charge of the Staff
Committee Fund and writes checks on the hospital account for items related to the
administration of the Hospital. Dr. Gandhi is also the head of a group of people who are
purchasing property and building a rehabilitation center on it. Dr. Gandhi also writes
checks for this association. One day, while writing checks for Seward Hospital, Dr.
Gandhi wrote a check for his association using a hospital check. This was discovered
by hospital staff and it was reported to the authorities. It is alleged that he deposited the
Hospital money into his account and he is charged with embezzlement of over 100,000
dollars. Dr. Gandhi has at least 2 million dollars in his personal account.Dr. Gandhi has
hired an attorney. What is his best defense? Explain
Dr. Gandhi's best defense is the defense of mistake. He can argue that he did not intend to embezzle the money, but made a mistake in using the hospital check for his association.
What is the Defense of Mistake?The defense of mistake is a legal defense that can be used in criminal cases where the defendant argues that they did not intend to commit the crime they are being accused of. This defense asserts that the defendant acted under a genuine belief that their actions were lawful, and therefore did not have the criminal intent necessary for a conviction.
This defense can be used in a variety of circumstances, such as when a person makes an error in judgment or misinterprets the law. For example, if a person accidentally writes a check from a company account instead of their personal account, they might be able to use the defense of mistake. The success of this defense will depend on the specific circumstances of the case and the strength of the evidence presented.
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Describe how the Due process clause of the 14th amendment affects the guarantees in the Bill of Rights
Answer:
before the government may deprive someone of “life, liberty, or property.” In other words, the Clause does not prohibit the government from depriving someone of “substantive” rights such as life, liberty, or property; it simply requires that the government follow ...
In order to identify hazards early and avoid last minute moves, you should scan the road _________ seconds ahead of your vehicle.
Answer:
Signs
Answer in sentence:
In order to identify hazards early and avoid last minute moves, you should scan the road signs seconds ahead of your vehicle.
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common law is also known as law. group of answer choices judge-made statutory public codified
Common law is judge-made law based on precedents, while statutory law is law created by legislatures through statutes or codes.
Here's a step-by-step explanation of how common law is created:
1. A legal dispute arises between two parties.
2. The case is brought before a court, and a judge hears the arguments and examines the evidence presented.
3. The judge applies existing legal principles and precedents to the case and makes a decision.
4. This decision becomes a precedent, which means that it serves as a guide for future cases with similar facts or legal issues.
5. Over time, a body of precedents is created, forming the basis of common law.
6. Judges in later cases are bound to follow the precedents set by earlier judges, unless they have a compelling reason to depart from them.
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Cortical consumption is all of the following except
Answer:
Cortical functions are well-defined for primary cortical areas like motor, sensory and visual functions. ... Recent data from functional imaging indicate that large and diverse areas of the cerebral cortex are involved in planning motor tasks or coding (memory).Explanation:
.
.
.
.
please mark me brrenlist ✨✨⭐(a) What is the definition of a contract?
(b) What are the required elements?
Answer: A contract is a written agreement that you follow by. For example an NBA Player signs a Contract to a Team and he has to play there for the amount of time with their rules and plays for the amount of money said.
The required elements of a contract are, offer, acceptance, consideration, capacity, legality, and sometimes a written instrument
Explanation:
Freire’s notion of praxis
!!!!I NEED THE ANSWER TO THIS ASAP!!!!AND PLEASE THE RIGHT ANSWER!!!!Why are congressional committees important? *
A)They allow for more debate on a bill
B)They give experts an opportunity to give their opinions on a bill
C) They ensure the best possible bill that can be written
D) All of the above
Answer:
The answer is D, all of the above.
Explanation:
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what would you say to those who believe Africa lacks expertise in responding to pandemic
Answer:
Explanation:
Israeli lawyer Moshe Strugano says, its not an easy situation to handle for any country even the biggest and largest one have suffered a lot from pandemic and as the time passes the condition is still worse in some part of the world. So blaming only Africa to not handling pandemic properly is not good. You should compare their economic and health condition as compare to other part of the world.
The University of California Los Angeles maintains a police force of _____.
600 officers
16 sworn officers who split their time between campuses
6 sworn officers and 66 civilian guards
over 60 sworn officers
The University of California Los Angeles maintains a police force of over 60 sworn officers.
The University of California Los Angeles (UCLA) has 64 sworn police officers who are joined by 40 full-time civilian department members. Together they try to maintain campus safety through crime prevention and education programs. They are also responsible in maintaining law and order.
The University of California Police Department or UCPD shares a partnership with the CARE. It is Campus Assault Resources and Education program. CARE is a safe place for survivors of sexual assault and help in maintaining discipline in the university. It also promotes safety awareness about recent activities through community outreach programs.
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Which of the following is an ethical issue that affects the pharmaceutical industry?
making drugs portable for patients who need to travel to other healthcare professionals
finding ways to make sure patients take their drugs as advised
making available new drugs that have benefits to patients as well as risks of side effects
supporting patients’ autonomy by supplying enough advertising about drugs
Answer:
The answer is C. making available new drugs that have benefits to patients as well as risks of side effects
Explanation:
Trust me
What does a collections agency do when a creditor sells a debt to them?
Answer:The debts will be sold at less than their face value, but the debt purchaser is entitled to collect the full balance. This is where their profit comes from.
(A). Identify the Florida court that would have jurisdiction over the felony DUI charge filed against Barney Gumble. (B). Explain why. (C). Who would be the plaintiff and who would be the defendant in this criminal proceeding
(A) The Florida court that would have jurisdiction over the felony DUI charge filed against Barney Gumble is the circuit court located in the county where the offense occurred. In this case, if Barney Gumble was arrested for a felony DUI in Miami-Dade County, then the circuit court in Miami-Dade County would have jurisdiction over the case.
(B) The reason why the circuit court in the county where the offense occurred has jurisdiction over the case is because Florida law gives jurisdiction to the court in the county where the crime was committed. This means that the court in that county has the legal authority to hear the case, make decisions, and impose penalties if the defendant is found guilty.
(C) In a criminal proceeding, the plaintiff is the state or government body that is bringing charges against the defendant. In this case, the plaintiff would be the State of Florida, as represented by the prosecutor's office in the county where the offense occurred. The defendant would be Barney Gumble, who is accused of committing the felony DUI offense.
The burden of proof rests with the plaintiff, who must prove beyond a reasonable doubt that Barney Gumble committed the crime with which he is charged. If the prosecution fails to meet this burden of proof, then the defendant will be acquitted and released from custody.
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why is it important to be ethical in your studies
Attic Dwellers Sometimes, animals like rats, mice, and squirrels will climb into an attic. They like to chew on things. It is not good if they decide to chew on electrical wires. If they do, this can cause a fire. So, it is important to make it hard for these animals to get under your roof. Some people try to get rid of these unwanted house guests by putting out mouse traps in the attic. Others might call an exterminator. This is a person who comes to someone's house to get rid of these animals. 2 An exterminator is a person who goes to someone's house to get rid of rats and mice. Why would someone want to call an exterminator to go into the attic? A. to tell the rats and mice to leave the attic B. to feed the rats and mice in the attic C. to keep the house from catching on fire D. to cut the electrical wires in the house
Answer:
C. to keep the house from catching on fire
Explanation:
Rats pose a problem when they enter into a house. Apart from damage they cause by eating food and chewing furniture and other items, a particularly dangerous activity is chewing of wires.
When rats chew wires the negative and positive wires can touch and cause fire.
An exterminator is a person that gets rid of unwanted pests in a house.
In this scenario the exterminator is called to get rid of the rats that chew wires. This is a way to prevent fire outbreak.
So the main reason the home owner calls the exterminator is to keep the house from catching on fire