A global corporation APS entitled LLC to hire a small trade contractor L to perform preservation work on a certain project. L was not paid for his work. So, he filed a recovery suit against APS. Before the trail, L emailed the terms of settlement to the corporation APS, and it agreed on that terms in response. After two days, APS again emailed a different settlement agreement containing additional terms to L. To find: The proposal likely to satisfy the elements of an agreement to establish a contract.

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Provide reaction on discussion below if you agree or disgaree: Whether the limitation of liability in ADT's service contract with Melodee Lane Lingerie Co. is valid would depend on the specific terms and enforceability of that contract. Contractual limitations of liability are generally upheld if they meet certain legal criteria. However, the enforceability of such limitations can vary based on jurisdiction and the nature of the contract. Here are some factors to consider. Clear and Unambiguous Terms: For a limitation of liability clause to be valid, it should be clear and unambiguous in its language. It should not be buried in fine print or hidden within the contract. Bargaining Power: Courts may scrutinize such clauses more closely if there is a significant disparity in bargaining power between the parties. If one party had little or no opportunity to negotiate the terms, it may be viewed less favorably. Public Policy: Courts may refuse to enforce limitations on…

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Chapter 12, Problem 6BCP

Summary Introduction

Case summary: A global corporation APS entitled LLC to hire a small trade contractor L to perform preservation work on a certain project. L was not paid for his work. So, he filed a recovery suit against APS. Before the trail, L emailed the terms of settlement to the corporation APS, and it agreed on that terms in response. After two days, APS again emailed a different settlement agreement containing additional terms to L.

To find: The proposal likely to satisfy the elements of an agreement to establish a contract.

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