...What does the creation of this picture tell me about the society that produced it? Well. ‘Going to the Match’ – LS Lowry The creation of this picture illustrates a society of partisan football enthusiasts who have all gathered together to share the buzz of excitement they can’t contain. Around them wonder a minority of passers-by dog-tired from a day’s hard work and noticing the atmosphere they don’t mind being in, but still going about their routine lives and missing out on such a joyous occasion. Many surrounding the stadium are equidistantly positioned to convey their mutual intention of attending the match and eventually forming a crowd of supporters as a whole. The picture signifies the essence of football in the particular society and how it contributes to their social spirit. Despite the overcast evening, the fanatics are in oblivion, not paying any attention to potential rainfall or its frost, but seeking solace in what the match promises. An evening of sheer exuberance, unity and heartfelt emotion. The neighbouring factory looks to blow out in frustration on behalf of the entrapped workers aching to get out and in the vibe of the ongoing match that’s within an agonisingly close range. So close, yet so far. The stadium has long been infested with swarms of aficionados, and still plenty hastily battling for an initial spot in the plethora of queues unconsciously formed on the way inside. The sense of urgency holds the significance of conveying the cornerstone...
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...Phil deliver the Macworld keynote set off another flurry of rumors about my health, with some even publishing stories of me on my deathbed. I've decided to share something very personal with the Apple community so that we can all relax and enjoy the show tomorrow. As many of you know, I have been losing weight throughout 2008. The reason has been a mystery to me and my doctors. A few weeks ago, I decided that getting to the root cause of this and reversing it needed to become my #1 priority. Fortunately, after further testing, my doctors think they have found the cause -- a hormone imbalance that has been "robbing" me of the proteins my body needs to be healthy. Sophisticated blood tests have confirmed this diagnosis. The remedy for this nutritional problem is relatively simple and straightforward, and I've already begun treatment. But, just like I didn't lose this much weight and body mass in a week or a month, my doctors expect it will take me until late this Spring to regain it. I will continue as Apple's CEO during my recovery. I have given more than my all to Apple for the past 11 years now. I will be the first one to step up and tell our Board of Directors if I can no longer continue to fulfill my duties as Apple's CEO. I hope the Apple community will support me in my recovery and know that I will always put what is best for Apple first. So now I've said more than I wanted to say, and all that I am going to say, about this....
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...Remedies: Breach of Contract Introduction There are various remedies available to an innocent party where there has been a breach of contract. The main remedy is damages, but in certain situations, equitable remedies are available. 1. Unliquidated Damages Unliquidated damages are assessed by the court and are designed to compensate the innocent party for any losses incurred as a result of a breach of contract. However, where loss can not be proved, the innocent party will only be entitled to claim nominal damages. In the case of Surrey CC v Bredero Homes (1993), damages were not awarded defendant who had failed to comply with planning permission because the council had not suffered any loss. This can be contrasted with the case of Chaplin v Hicks (1911) where the court awarded damages to the claimant for the loss of a chance to win a competition. Unliquidated damages are not a means by which to punish the defendant and punitive damages will not be awarded for a breach of contract. They are also not a way to recover any gain made by the defendant as a result of a breach. Loss includes any harm or damage to the claimant themselves or any of their property, including any reduction of value of such property caused by the breach of contract. However, in calculating the loss and awarding damages, if the claimant has obtained any benefit from the breach the court will not usually allow the claimant to be put in a better position than they would have been had the breach not occurred...
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...MANDATES Piec vs. Caisse d’economie polonaise (p. 59) 01-Jul-92 Date of Bad Boy’s forged mandate 15-May-92 Bad Boy gets mandate from Grandma 03-Jul-92 Grandma dies 11-Aug-92 Bad Boy gives forged mandate to bank Bad Boy comes to Canada 18-Aug-92 Bad Boy withdraws $26k payable too cash Grandma = Stephania Wojcicka Bad Boy = nephew Tadeusz Wojcicki Niece (Margaret Wojcicka) is executor of will Facts | * Three mandates: 1. Gma goes on extended trip, gives power of attorney for banking matters to Bad Boy 2. Niece has mandate as executor of the will (mandate only kicks in when Gma dies) 3. Bank has mandate for Gma’s finances * Grandma’s bank account summary: $5 membership, $1k term deposit, $26k term deposit (can’t take out until 26-Oct-92 or wil receive no interest) * Bank didn’t k6now Gma was dead when Bad Boy removed funds | Question | 1. Was bank guilty of not [2138] exercising prudence and diligence for its [2130] mandate? 2. Does the valid mandate authorize the bank to give the term deposits (no) 3. What effect should be given to the letter of july 1st (none) 4. Did the bank owe obligation to grandma, and not rely on the letter (yes, 2138) | Ratio | 1. Argument: Bank is a special type of agent, v. strong fiduciary duties; if they’ve been defrauded they are 100% liable. Answer: Bank should have been more [2138] prudent and diligent; it wasn’t prudent cash out the account, and the bank wasn’t diligent in its duty...
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...http://ogekazacharia.blogspot.co.uk/2015/01/notes-on-delay-defeats-equity-equity.html Limitations Act Delay defeats equity: Laches is an unreasonable delay in enforcing a right. If there is an unreasonable delay in bringing proceedings the case may be disallowed in equity. Acquiescence is where one party breaches another's rights and that party doesn't take an action against them they may not be allowed to pursue this claim at a later stage. These may be used as defences in relation to equity cases. For a defence of laches courts must decide whether the plaintiff has delayed unreasonably in bringing forth their claim and the defence of acquiescence can be used if the actions of the defendant suggest that they are not going ahead with the claim so it is reasonable for the other party to assume that there is no claim. (Nelson v Rye 1996) http://www.lawteacher.net/free-law-essays/property-trusts/the-law-of-equity.php 1= MEANING : If one sleeps upon his rights, his rights will slip away from him and therefore, the maxim has been expressed in a rather different form, shouting to the passive, otiose and slothful that : ” equity aids the vigilant and not the indolent. ” Smith vs Clay (1767) ” a court of equity has always refused its aid to stale demands, where a party has slept upon his right and acquiesced for a great length of time. ” 2= Proviso : This maxim applies only when a claim is made to equitable relief. ( Clark and chapman vs hart 1858) ...
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...Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform, precisely and exactly, his obligations under the contract. This can take various forms for example, the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard v Spiers and Bettini v Gye. Anticipatory breach occurs where one party announces, in advance of the due date for performance, that he intends not to perform his side of the bargain. The innocent party may sue for damages immediately the breach is announced. Hochster v De La Tour is an example. Effects of breach A breach of contract, no matter what form it may take, always entitles the innocent party to maintain an action for damages, but the rule established by a long line of authorities is that the right of a party to treat a contract as discharged arises only in three situations. The breaches which give the innocent party the option of terminating the contract are: (a) Renunciation Renunciation occurs where a party refuses to perform his obligations under the contract. It may be either express or implied. Hochster v De La Tour is a case law example of express renunciation. Renunciation is implied where the reasonable inference from the defendant’s conduct is that he no longer intends...
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...not perform at all according to the terms of the agreement. Breach of contract is categorized as material or immaterial to determine the appropriate legal solution or remedy for the breach (Retures 2012). Compensatory damages put the non-breaching party in the position that they had been if the breach had not happened. Punitive damages are payments that the breaching parties have to pay. Above and beyond the point that would fully compensate the non –breaching party. Punitive damages are meant to punish a wrongful party for a wrongful act and is rarely is used for business contract settling. Specific performance is used when damages are inadequate as a legal remedy. The non – breaching party may seek an alternative remedy which is specific performance. Specific performance is known for describing as the breaching party court ordered performance of duty under the contract. Specific performance might be used as a remedy for breach of contract if the matter is rare or unique. Damages would not suffice to place the non-breaching party in as good a position as they would have been if the breach had not happened. Cancellation and Restitution the non-breaching party can cancel the contract and sue for restitution. If the non-breaching party have given a benefit to the breaching party restitution as a contract remedy means the non-breaching party is put back in the position it was before the breach. While cancellation...
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...A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro,Goldwyn,Mayer, Inc. Samuel L. Bray* I. II. III. VI. V. INTRODUCTION ...................................................................... 1! LACHES IS AND SHOULD BE AN EQUITABLE DEFENSE ............ 2! LACHES IN AN AGE OF STATUTES OF LIMITATION ................... 8! A MIDDLE COURSE IN PETRELLA ......................................... 17! CONCLUSION ....................................................................... 18! I. INTRODUCTION The famous Martin Scorsese movie Raging Bull and an ancient doctrine of equity will make a joint appearance later this month at the U.S. Supreme Court. On January 21, 2014, the Court will hear arguments in Petrella v. Metro:Goldwyn:Mayer, Inc.1 The case involves copyright infringement claims about the movie, and about the extent to which those claims are barred by the doctrine of laches. Laches is a defense that was developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches...
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...such as the Indian, Japanese, Mexican, African and many others, were deeply rooted in folk medicines, folklore, voodoo,or old folktales. They didn't know anything about test tubes or pills, but there was the boiling of the roots and leaves;some were even smoked. This form of healing has laid the foundation for what is, and what will be,in the medical Future.My study of Old medical documents;one being an old home medical book dated 1926 by William Evans M D.,shows a close relationship between traditional healing and folk healing. This old book is truly an antique and covers a wide range of old cures like: home remedy for ringworm, pink eye, sore throat, tooth ache, how to get rid of pimples, hives, the history of small pox, scarlet fever, scurvy,malaria symptom, rickets disease,eczema and many other interesting subjects.Many ingredients that were contained in old home remedies are used in todays prescription Drugs. Though these ingredients may be listed under some fancy scientific name, the end result is the same. The Old folk,as they were sometimes called! Would probably change some of these names to something simple like vinegar, corn meal, pine tar, onions, baking soda, salt, peppers, tree bark, roots, corn silk, sassafras,dew berry roof, aspirin; Why aspirin? Because it has been long used as a pain killer,and though mostly...
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...o HOW TO AVOID PIMPLES THROUGH HOME REMEDIES A Pimple or spot is a kind of acne, and one of many results of excess oil getting trapped in the pores. Some of the varieties are pustules or papules. Pimples can be treated by various medications and with home remedies. As home remedies are available at home and are less expensive, rarely cause any side effect. NATURAL HOME REMEDIES FOR PIMPLES: LEMON: Add lemon juice and rose water in equal quantities and apply this mixture in affected area for about half an hour. Regularly following this remedy for about three or four weeks is one of the most popular natural home remedy. Lemon juice can also be applied in combination with an equal amount of groundnut oil to prevent as well as to cure. Lemon juice can also be added to sandalwood powder can reduce pimples to great extent. A combination of cinnamon powder and lemon juice is also beneficial in pimple treatment. HONEY: Honey is also considered good for skin. Applying a mixture prepared from three tablespoon of honey and one teaspoon of cinnamon powder over night and use regular for two weeks give effective results. Mixture of grated apple and honey results effectively in reduction of pimples. ➢ Rubbing garlic on affected areas several times in a day is also beneficial in pimple treatment. ➢ Applying Pulp of ripe tomatoes on the face. ➢ Cucumber pulp can also be used. ➢ Raw papaya juice can also be applied on pimple for reduction. ➢ Add two...
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...16.1 Specific Performance The California and Hawaiian Sugar Company (C&H), a California corporation, is an agricultural cooperative owned by 14 sugar plantations in Hawaii. It transports raw sugar to its refinery in Crockett, California. Sugar is a seasonal crop, with about 70 percent of the harvest occurring between April and October. C&H requires reliable seasonal shipping of the raw sugar from Hawaii to California. Sugar stored on the ground or left unharvested suffers a loss of sucrose and goes to waste. After C&H was notified by its normal shipper that it would be withdrawing its services at a specified date in the future, C&H commissioned the design of a large hybrid vessel—a tug of a catamaran design consisting of a barge attached to the tug. After substantial negotiation, C&H contracted with Sun Ship, Inc. (Sun Ship), a Pennsylvania corporation, to build the vessel for $25,405,000. The contract gave Sun Ship one and three quarter years to build and deliver the ship to C&H. The contract also contained a liquidated damages clause calling for a payment of $17,000 per day for each day that the vessel was not delivered to C&H after the agreed-upon delivery date. Sun Ship did not complete the vessel until eight and one-half months after the agreed-upon delivery date. Upon delivery, the vessel was commissioned and christened the Moku Pahu. During the season that the boat had not been delivered, C&H was able to find other means of shipping the crop from Hawaii to its California...
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...16.1 Specific Performance The California and Hawaiian Sugar Company (C&H), a California corporation, is an agricultural cooperative owned by 14 sugar plantations in Hawaii. It transports raw sugar to its refinery in Crockett, California. Sugar is a seasonal crop, with about 70 percent of the harvest occurring between April and October. C&H requires reliable seasonal shipping of the raw sugar from Hawaii to California. Sugar stored on the ground or left unharvested suffers a loss of sucrose and goes to waste. After C&H was notified by its normal shipper that it would be withdrawing its services at a specified date in the future, C&H commissioned the design of a large hybrid vessel—a tug of a catamaran design consisting of a barge attached to the tug. After substantial negotiation, C&H contracted with Sun Ship, Inc. (Sun Ship), a Pennsylvania corporation, to build the vessel for $25,405,000. The contract gave Sun Ship one and three quarter years to build and deliver the ship to C&H. The contract also contained a liquidated damages clause calling for a payment of $17,000 per day for each day that the vessel was not delivered to C&H after the agreed-upon delivery date. Sun Ship did not complete the vessel until eight and one-half months after the agreed-upon delivery date. Upon delivery, the vessel was commissioned and christened the Moku Pahu. During the season that the boat had not been delivered, C&H was able to find other means of shipping the crop from Hawaii to its California...
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...Judgement: The answering of above questions will get us the answer for the suit. 1. Section 16(c) of the Contract Act provides answer t this problem. It mandates that Person to aver in the plaint and establish the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract. Distinction between “readiness” and “willingness” is that the former refers to financial capacity and the latter to the conduct of the person wanting performance . Person’s readiness and willingness, which is a condition precedent, must be in accordance with the terms of the agreement. In a suit for specific performance, person is to approach Court with clean hands. Right from the date of the execution till date of the decree he must prove that he is ready and has always been willing to perform his part of the contract. 2. Section 55 of Indian Contract Act,1872 provides answer to this problem. When a party to a contract promises to do a certain thing at or before a specified time, or certain thins at or before a specified time and fails to do such thing at or before a specified time, and fails to do such thing at or before a specified time, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of essence of the contract. 3. Section 53 of Indian Contract Act,1872 provides answer to this problem - When a contract contains reciprocal promises and one...
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...Notes for November 7, 2014 Bus Law Review on Sunday 1 pm Practice test and study guides √ out When performance is impossible * Objective impossibility -key person is incapacitated -subject matter is destroyed -change in law makes it illegal * Commercial impracticability Ex. Farmer, crop is destroyed, cant make delivery, so the court rules is that your perfom is discharge. * Frustration of purpose Ex. Hire you to teach marial arts.. I have an accident.. my first lesson is at the hospital.. not valid Hypo… Molly offers hand-made shirts for sale for… Damages To extinguish liability under a contract, a party must provide d. COMPLETE PERFORMACE “material breach” “Substantial performance”-> half of the work done Complete performance -> the work is complete Types of Damages Compensatory compensate injured party for what they have lost -what you were promised minus what you got -incidental damages ( postage) -sale of goods * What you paid and what you should have paid -sale of land * Difference between the contract price and market price Hypo Google contrats with Dell….. What is the proper amount of compensatory damages (400-375)=$25 ($25*100 computers )+($10 shipping cost*100 computers) “Compensatory” “Incidental” Construction Contracts * Breach before contract has begun -contractor can recover only profits he would have made * During -costs to date and profit * After -can recover...
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...Issues 1.) Was there a contract between Adam and Pecut Laju Sdn Bhd? 2.) Was there an accident or arise naturally as a result of the breach? 3.) Whether the Adam’s reason is too remote? 4.) Whether Adam will be able to claim the loss from Pecut Laju Sdn Bhd? Law According to the S.74 damages which is the cash compensation by a court or another’s fault or negligence in suffering, the rules for damages can and frequently do vary based on the type of claim which is presented. There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs, or loss of money due on a contract. There are presumed to be a result of the other party's actions is general damages, but are subjective both in nature and determination of value of damages. These damages include distress, future problems of our life and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, loss of reputation, humiliation from scars, loss of anticipated business and other harm. The third damage is exemplary damages which combines punishment and the setting of public example. Punitive damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton, or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive...
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