Clauses|7Mxg's Clairovoyance, Foretell & Lifestyle Tales 9
10/13/17
Clauses (icivic Argument Wars app is a good simulator on how the lot of cases may go)
Confidentiality Clause: Binds the parties to an agreement that ensures the non-disclosure of sensitive information.
Limitation Clause(Prenup notice,Acceleration Clause): A limitation clause serves to place an upper limit on the damages a party can recover should the other party breach the contract.
Indemnification Clauses(Commercial or Private Contracts|Integral,Intelectual,Interpret,Establish,Liquidated damage,Warranties,Exclusion,Exempt,Performance Clauses): Provides protection or compensation to one party if the other party fails to fulfill their contractual obligations.
Search warrant|Probable cause:Can be requested when something is found suspicious. An officer, (Backed by obserbations of an informant done with either a witness, victim, lawyer or accussed) should give reasonable information to support the possibility that the evidence of illegality is found. Once signed by a judge or magistrate, authorizes a law enforcement officer to conduct a search on a certain person, a specified place, or an automobile for criminal evidence.
Beneficiary(Pod|Tod|Assignment): Address the ability of one party to transfer their rights & obligations under the contract to another party.
Quid pro quo: Describes an agreement between 2 or more parties in which there is a reciprocal exchange of goods or services. Confirming to daily community routine views of news & sorts.
(These last 4 are similar with the Limitation Clause)Force majeure clause or Hobbs Act: Relieves a party from any obligation or liability if it becomes impractical, illegal, or impossible to uphold their end of the contract. These could be natural disasters, war, or 'acts of God.' Regulates within reason extortion, robbery, etc.
Arbitrate|Adjudicative|Governing clause:Determines any disputes over the validity, scope or interpretation of the agreement to arbitrate.(Dispute resolution)
Consideration|Cancellation|Termination|Choice of law Clause:An entry in an agreement that defines who can cancel the contract as well as why & how.
Severability clause:ensures that the legal clauses in a contract are still enforceable by law if a portion of a contract (one or more clauses) is/are deemed to be illegal.
Lattc Business Law Ch.7.
Mathiases should be awarded unless there was a contract signed or verbally mentioned in a recorded statement that said “Chicago-are Motel 6 is not liable for any stolen materials nor health issues regarding the stay”.
The song of (Insert band name like Outkast Rosa Parks or Pearl Jam Jeremy) is said to have been an unauthorized commercial approporiation of their name, but may not have tarnished ones legacy if the lyrics didn’t mention any bad mouthing to one. But if necessary, both may come to a settling agreement, both can agree upon, if it be in court. Some meanings in songs are always vague & shouldn’t be looked forcibly upon but culture is in it & banned songs of countries is something of intrique to an individual to see why that would result. It may be catchy song, may have some techno rap, with name titles, but perhaps some that don’t include name titles in may be of less controversy. A manager should not say defamatory statements. That’s why the saying goes “If you don’t have anything good to say, keep it to yourself”.
Res ipsa loquitor is what speaks for itself, supporting an idea on what it looks like.
Negligence per se is generally people who do not do what a statement requires one to do, similar with the interference of contract situations rule.
Negligence per se does not work for scenario of a couple that did not request for smoke detectors to be maintained ahead of time. Think of a backup plan thoroughly.
A person named Dunphy, can in theory, sue for negligent infliction of emotional distress on behalf of her fiancé if it was a traumatic experience for her that can’t be changed. But realistically, one shouldn't fault mental illness into a case as an excuse for an action but police shouldn't coerce mute or victims into aggreeing guilty to false accusations like it was done prior to 2000s. Joe Arridy is said to have been innocent. When then afterwards, accurate advance genome lab technology became a possibility like National Human Research Institute, which were capable of solving past Cold Cases along with the help of the Combined DNA Index System (CODIS) database.
Vocab:
Negligence: An unintentional breach of duty which results to harm another.
Objective: A goal or standard of conduct for what is to be sought after.
Causation: He or she will not be liable unless the breach caused plaintiff’s injury, even if defendant breached a duty owed to the plaintiff.
Proximate cause: Planning a legal limit on extent of negligence.
Negligent infliction of emotional distress or a tort: When emotional injury is the product of negligence behavior.
Defenses to negligence: Contributory negligence & assumption of risk, resulting in reasonable care to recover.
Product of negative behavior: Behavior that could be done verbally, written or physically.
Comparative negligence: Splits cost according to the degree of the accident for both plaintiff & defendant.
Restrain Order: A court decree decided by one to prevent recklessness to another. Conscious disregard for a known high degree of probable harm to another is common in domestic abuse situations.
Yale Avalon Project has all 282 King Hammurabi laws from Babylon of around 1780 BC, governed diverse aspects of life including family, property, trade, labor and criminal issues. Hammurabi inherited 1 major direction for his political activity: to succeed in controlling the Euphrates waters. Some key points: • Harsh punishments were prescribed for various crimes like theft, assault and damage to property. Penalties often involved physical mutilation like cutting off hands, feet or tongues. • The laws aimed for proportionality in punishments, with penalties scaled based on social status. For example, compensation for injury varied based on whether the victim was free, enslaved or a noble. • Property rights were strongly established and protected by law. Compensation was mandated for damage or loss of property. Contracts were legally binding. • Women had some rights but were still treated unequally. They could own property but had fewer inheritance rights than male heirs. Harsh punishments were prescribed for adultery. • Slavery was legal and widespread, with laws governing the sale, treatment & manumission of slaves. • The laws aimed to promote economic activity by establishing rules for various commercial transactions like loans, leases, contracts and maritime trade. In summary, the Code of Hammurabi established a detailed legal framework governing many aspects of life in ancient Babylon, reflecting the social and economic norms of that time.
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