evaluate the arguments for an against restricting the availability of punative damages. explain why you tend to agree more with one position than the other
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evaluate the arguments for an against restricting the availability of punative damages. explain why you tend to agree more with one position than the other
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- Why did the plaintiffs think they should not be bound by the arbitration clause?16. Why are restrictive covenant clauses controversial? They are controversial because they allow people to create contract terms that restrict their future right to alter those same contracts They are controversial because they allow people to create contract terms below the otherwise legislated minimum standards of work They are controversial because they seem to pit two legitimate interest against each other: the right of trade against the right of contractWhen OTES developed its first online application for university math courses, BD sued both OES and Gone. BD contends that Gone has breached his covenant not to compete, because he is engaging in a competitive business in online learning resources in university-level math and science and that he has proprietary information regarding the development of science and math tutorial programs. BD further contends that OTES is engaging in tortious interference with contract. BD is Gone and OTES deny the claims, and state that Gone has not violated his employment agreement, because they are not engaging in a competitive business with BD. The law in Georgia was recently amended to include the following provisions: A covenant not to compete must be reasonable in terms of time, geographical area, and prohibited activities. A time period longer than 2 years is presumed to be unenforceable. The courts are permitted to blue-pencil (or reform) covenants that are otherwise unenforceable.…
- Economics - business law.What was the ultimate outcome of the appeal to the High Court in DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423? Choose one of the following Mona Homes had properly terminated the contract. The contract was terminated by abandonment. The contract had not been terminated and was still binding DTR Nominees had properly terminated the contract.Give an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.
- Natalie believes her cell phone company has been charging her exccesive fees under her cell phone contract. She wishes to sue the cell phone company. However, her contract states she must submit any legal claims arising out of the contract to the arbitation. The arbitrator is a former employee of the cell phone company. The arbitrator sides with the cell phone company and awatds damges to the cell phone company in the amount of $60,000. Can Natalie change the decision of the arbitrator in court?Which of the following health policy provisions states that the producer does NOT have the authority to change the policy or wave any of its provisions? O A Time Limit on Certain Defenses OB. OC OD. Reinstatement Entire Contract Change of Beneficiary MM QUATE Ahiler 372-256-906Goodward, a newly-hired newspaper reporter for The Cape Cod News, learned that the local cranberry growers had made an agreement under which they pooled their cranberry crops each year and sold them at what they determined to be a fair price. Goodward believes that such an agreement is in restraint of trade and a violation of the antitrust laws. Is he correct?
- In 1992 the state of California charged Sears Auto Centers with overcharging customers for unneeded or unperformed repairs. Sears agreed to a settlement that could cost as much as $20 million. Sears had compensated its salespeople with commissions based on total sales. Following the settlement, Sears dropped the commissions and went to a straight salary. Sears recently indicated that it is planning to reinstate commissions for salespeople in their Auto Centers. It even plans on paying commissions for selling customers brake jobs and wheel alignments. These two products were the core of the 1992 scandal. Sears says that it has taken steps to prevent a recurrence of past problems. In particular, the decision right to recommend repairs is granted to mechanics who are paid a straight salary. Sales consultants are paid commissions for selling repair services but are not authorized to recommend repairs. Under the old system that caused problems, these individuals diagnosed repair…If a minor purchase a $150.00 pair of designer blue jeans the merchant may be unable to enforce this contract because: a) the jeans were a necessity. b) clothes are a statutory contract. c) designer jeans are a luxury. d) only emancipated minors wear jeans. 2. An adult who intentionally drinks so much liquor as to have their judgment impaired will a) easily defeat a contract they entered in to while drunk b) have no chance of winning under any circumstances. c) probably lose, voluntary intoxication is usually a poor defense. 3. Which of the following must a person possess to have contractual capacity? a) Comprehend the nature of the Contract b) Comprehend the purpose of the Contract c) Comprehend the consequences of the Contract d) All of the above are requiredDiscuss why the concepts of contractual impossibility and frustration of purpose exist. Include an examination of how these concepts help ensure fairness to all parties. Also, what are the drawbacks to these concepts?