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- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/19%3A_Insurance/19.04%3A_Insurer's_DefensesIn the example given, the insurance company could refuse to pay a claim for any accident in the car, even one occurring when the car was driven by the husband to go to the movies, if the insurer disco...In the example given, the insurance company could refuse to pay a claim for any accident in the car, even one occurring when the car was driven by the husband to go to the movies, if the insurer discovered that the car was used in a manner in which the insured had declared it was not used.
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/09%3A_The_Agreement/9.05%3A_CasesIn such a condition of things, the plaintiff was warranted in sending the defendant skins conforming to the requirements, and even if the offer was not such that the contract was made as soon as skins...In such a condition of things, the plaintiff was warranted in sending the defendant skins conforming to the requirements, and even if the offer was not such that the contract was made as soon as skins corresponding to its terms were sent, sending them did impose on the defendant a duty to act about them; and silence on its part, coupled with a retention of the skins for an unreasonable time, might be found by the jury to warrant the plaintiff in assuming that they were accepted, and thus to amo…
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/15%3A_Discharge_of_Obligations/15.03%3A_CasesWe concur with the Supreme Court of Indiana’s decision in [Citation], that a rule providing that non-waiver clauses could themselves be waived by the acceptance of late payments is “illogical, since t...We concur with the Supreme Court of Indiana’s decision in [Citation], that a rule providing that non-waiver clauses could themselves be waived by the acceptance of late payments is “illogical, since the very conduct which the [non-waiver] clause is designed to permit[,] acceptance of late payment[,] is turned around to constitute waiver of the clause permitting the conduct.” We also agree that the approach of jurisdictions that require creditors who have accepted late payments in the past to no…
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/08%3A_Introduction_to_Contract_Law/8.05%3A_CasesSee [Citation] “An agreement whereby one party promises to sell and the other promises to buy a thing at a later time…is a bilateral promise of sale or contract to sell”.…“[A] unilateral contract resu...See [Citation] “An agreement whereby one party promises to sell and the other promises to buy a thing at a later time…is a bilateral promise of sale or contract to sell”.…“[A] unilateral contract results from an exchange of a promise for an act; a bilateral contract results from an exchange of promises.”…Thus, “in a unilateral contract, there is no bargaining process or exchange of promises by parties as in a bilateral contract.” [Citation] “[O]nly one party makes an offer (or promise) which in…
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/04%3A_Constitutional_Law_and_US_Commerce/4.04%3A_Dormant_Commerce_ClauseIf Michigan were to let counties decide for themselves whether to take garbage from outside of the county or not, this could also be a discrimination based on a place of origin outside the state. (Sup...If Michigan were to let counties decide for themselves whether to take garbage from outside of the county or not, this could also be a discrimination based on a place of origin outside the state. (Suppose, for instance, each county were to decide not to take waste from outside the county; then all Michigan counties would effectively be excluding waste from outside of Michigan, which is discriminatory.)Fort Gratiot Sanitary Landfill v.
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/12%3A_Legality/12.03%3A_Agreements_in_Violation_of_StatuteThus if you took out a life insurance contract on the life of someone whose name you picked out of the phone book, the agreement would be void because you and the insurance company would have been gam...Thus if you took out a life insurance contract on the life of someone whose name you picked out of the phone book, the agreement would be void because you and the insurance company would have been gambling on a contingent event. (You bet that the person would die within the term of the policy, the insurance company that she would not.) If, however, you insure your spouse, your business partner, or your home, the contingency does not make the policy a wagering agreement because you will have suf…
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/05%3A_Administrative_Law/5.02%3A_Controlling_Administrative_AgenciesBut the accounting frauds of WorldCom, Enron, and others led to the Sarbanes-Oxley Act of 2002, and the financial meltdown of 2008 has led to reregulation of the financial sector. Administrative agenc...But the accounting frauds of WorldCom, Enron, and others led to the Sarbanes-Oxley Act of 2002, and the financial meltdown of 2008 has led to reregulation of the financial sector. Administrative agencies are the focal point of controversy because they are policy-making bodies, incorporating facets of legislative, executive, and judicial power in a hybrid form that fits uneasily at best in the framework of American government (see Figure 5.1 "Major Administrative Agencies of the United States").
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/16%3A_Remedies/16.03%3A_Promisee's_Interests_Protected_by_ContractHe may also have a restitution interest, depending on how much the foundation of the house is worth to the owner. (The value could be more or less than the sum of money actually expended to produce th...He may also have a restitution interest, depending on how much the foundation of the house is worth to the owner. (The value could be more or less than the sum of money actually expended to produce the foundation; for example, the builder might have had to pay his subcontractors for a greater share of the job than they had completed, and those sums therefore would not be reflected in the worth of the foundation.)
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/04%3A_Constitutional_Law_and_US_Commerce/4.06%3A_Business_and_the_Bill_of_RightsWhen New York State gave an employment preference to veterans who had been state residents at the time of entering the military, the court declared that veterans who were new to the state were less li...When New York State gave an employment preference to veterans who had been state residents at the time of entering the military, the court declared that veterans who were new to the state were less likely to get jobs and that therefore the statute interfered with the right to travel, which was deemed a fundamental right.Atty.
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/11%3A_Consideration/11.06%3A_Summary_and_ExercisesThe deal was never consummated: a dispute arose, Red Owl did not build the store, and it denied liability to Hoffman on the basis that its promise to him was too indefinite with respect to all details...The deal was never consummated: a dispute arose, Red Owl did not build the store, and it denied liability to Hoffman on the basis that its promise to him was too indefinite with respect to all details for a contract to have resulted.
- https://biz.libretexts.org/Bookshelves/Civil_Law/Book3A_Law_for_Entrepreneurs/02%3A_Corporate_Social_Responsibility_and_Business_Ethics/2.01%3A_IntroductionThis chapter has a fairly modest aim: to introduce potential businesspeople to the differences between legal compliance and ethical excellence by reviewing some of the philosophical perspectives that ...This chapter has a fairly modest aim: to introduce potential businesspeople to the differences between legal compliance and ethical excellence by reviewing some of the philosophical perspectives that apply to business, businesspeople, and the role of business organizations in society.
