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- In the following quote: "The BFOQ standard adopted in the statute is one of“ reasonable necessity, ”not reasonableness." What is the distinction between "reasonable necessity" and "reasonableness?"1. Wong, a Mathematics teacher made an advertisement in her facebook for Mathematics tuition with a ‘Money back guarantee for those who did not get an “A” in the SPM examination”. Shah enrolled his daughter, Teyha to Wong’s tuition class. When Teyha sat for the SPM examination, she obtained a “B” for her Mathematics paper. Shah went to see Wong and demanded that he return the tuition fees that he paid him. Wong refuses to return the fees to Shah. a. Advise Shah in this matters. b. In the course of your answer, explain FOUR (4) situations that may lead to invitation to treat. Support your answers with Contracts Act 1950 and decided cases.For an action in passing off to succeed, who must the misrepresentation be made to? Select one: a. to people who know the trader (the claimant) b. to a trader (the claimant) c. to customers or ultimate consumers of the products of the trader (the claimant) d. to customers of a trader (the defendant)
- A long-time patient of Dr. Jones was admitted to the ICU. She was unable to respond and was having difficulty breathing. She required respirator support. Her son, her HCP, was called and came to the hospital. In discussion with the physician, the physician stated that he is aware of the patient’s wishes and suggests removing her from the respirator. The son said that he wants to keep his mother on the respirator. The physician insisted that he spoke with his mother at length and he knows that the patient does not want to be on a respirator. The son calls the Risk Manager to complain. You are the risk manager, what should be done?The bulk carrier Evita was sailing westwards on the Norwegian Western coast on a voyage from Trondheim to Hamburg. 1. May 11.00 AM 2021, when passing Stavanger, she hit a reef and water started to ingress into a cargo tank. Furthermore, bunkers (fuel) started leaking from one of the fuel tanks.Evita had P & I Insurance and Hull insurance with Gard and Loss of Hire Insurance (LoH) with Norwegian Hull Club (NHC). The Hull insurance and the LoH insurances were based on the plan on the following terms:- Hull: Insurable value: USD 30 million, Sum of insurance: USD 30 million, Deductible: USD USD 30.000- LoH: Number of deductible days: 10. Number of days covered per causality: 80. Total number of days covered for the insurance period: 90.The master notified the Owners, Gard and NHC and assistance from a local towage and salvage firm was retained to assist. Furthermore, the pollution authorities were notified as the wind was strong and the bunkers oil leakage was spreading over a wide…Pls help ASAP
- Which one of the following is NOT a correct pairing of a trust provision with its characteristics? A) Spendthrift provision: a clause in a trust that prevents a beneficiary from withdrawing more than the greater of $5,000 or 5% of the corpus.quizlet B) Crummey provision: a trust clause that provides the beneficiary with a limited duration right to demand payment of contributions to a trust each year up to the annual gift tax exclusion from the trustee. C) Discretionary provision: a trust clause that allows the trustee to use his or her sole judgment in determining how much of the trust income and principal will be paid to or on behalf of a beneficiary. ?need help asapNeed a long and detailed self-explanatory analysis of the following case after hearing the oral argument of the case in Oyez Bank of America Corp. v. City of Miami
- Explain the distinction, in English contract law, between a condition and a warranty.Pls help ASAPon both plsBuyer Bert can't believe that Seller Sam has had a last-second change of heart about entering into an agreement to sell his home to Bert. Sam has offered to refund Bert's earnest money and even pay him something in acknowledgment of Bert's inconvenience and disappointment, but Bert's not having it. He wants Sam's house. Choose the remedy for breach of trust that Bert will most likely take. demand specific performance initiate rescission accept compensatory damages settle for liquidated damages
