Answer: No contract exists due to mutual mistake of fact as to the existence or identity of the subject matter of the contract.
Explanation:
Breach of contract is legal cause of action and a type of civil wrong, whereby a binding agreement or bargained-for exchange was not honored by one or more of the parties to the agreement in the contract by non-performance or an interference with the other party's performance.
In this scenario, the buyer cannot sue for breach of contract when the goods failed to arrive on time because no contract exists due to the mutual mistake of fact as to the existence or the identity of the subject matter of the contract. There was a mistake regarding the ship "Peerless". A party had in mind the one coming by October while the other party had the one coming in December in mind. Due to this error, no contract existed.
Defamation law walks a fine line between the right to freedom of speech and the right of a person to avoid defamation. On one hand, a reasonable person should have free speech to talk about their experiences in a truthful manner without fear of a lawsuit if they say something mean, but true, about someone else. On the other hand, people have a right to not have false statements made that will damage their reputation. Determining what is a statement of fact and what is a lie is called "absolute defense" and will end the case once it is proven. Then, the winning side may sue for punitive damages depending on the types of defamation.
Answer: Libel, Slander and Defamation
Explanation:
defamation is broad term or word which covers any statement or remarks that hurts and individual’s reputation, also referred to as defamation of character. When a statement or remarks is made in written form and it is been published, this defamation is referred to as a "libel." When the hurtful statement or remarks are spoken, the statement is referred to as a "slander." Defamation is generally agreed to be a civil wrong or a tort. An individual who has suffered a defamatory statement or remark may sue whoever made the statement under defamation law, which would be called a defamation case.
a major cause of fatal traffic accidents in Tennessee is
Answer:a law sue
Explanation:
The major cause of fatal traffic accidents in Tennessee involves driver error, which is supported by statistical analysis from the American Automobile Association claiming around 54 percent. Changes over time and considerations for traffic signal installations based on accident rates are also relevant to understanding traffic safety.
Explanation:The question pertains to a major cause of fatal traffic accidents in Tennessee. It is a statistical health question that involves understanding and analyzing data related to traffic accidents and driver error as a cause. According to the American Automobile Association, driver error accounts for around 54 percent of all fatal auto accidents. Testing the accuracy of this claim would involve using hypothesis testing procedures at an alpha level of 0.05, based on data from 30 randomly selected fatal accidents where 14 were caused by driver error.
Over time, statistics have shown changes in the causes of accidental deaths, with motor vehicle crashes and drug overdoses varying in prevalence. For instance, in 1999, there were twice as many deaths from motor vehicle crashes as from drug overdoses, but by 2014, the pattern had reversed. Traffic accidents in certain locations have prompted consideration for traffic signal installations, especially when the number of accidents, including those with fatalities, exceed acceptable limits.
Further statistical analysis of traffic-related injuries and deaths, such as the likelihood of teens being killed in motor vehicle injuries on any given day based on census data, contributes to a comprehensive understanding of traffic safety and the impacts of various factors such as driver error, speeding, and cell phone use on road safety.
On January 15, 1990, Anders brought an action against Barnes for breach of a contract for the sale of electronic parts. The breach occurred on January 10, 1986, and Anders discovered the breach on January 20, 1986. The state statute of limitations for contract actions is five years. Barnes raised the UCC statute of limitations as a defense to the action. DISCUSS, Is this defense valid? WHY 0R WHY NOT...WHAT ARE THE LEGAL ISSUES?
ANSWER: The defence is not valid, because the time for any state status of limitations for contract action starts when all facts about the breach has been found, and it has been concluded that a breach of contract actually happened. The time does not start when the breach happened, but when facts has been generated to show that a breach actually happened.
The plaintiff actually have more 5 days to file his case because the fact about the breach was known on the 20th of January, 1986 and his case is filed in the court on 15th of January 1990.
Therefore the plaintiff case is valid, and should be processed by the court, while the defendant defence is invalid and should be ignored by the court.
Barnes' defense invoking the UCC statute of limitations may not successfully argue that the lawsuit is beyond the permissible time period, as the state law, which offers a five-year limit, is applicable in this case. The lawsuit was filed within this time frame, hence the defense is inconsistent.
Explanation:The defense raised by Barnes concerning the UCC statute of limitations for contract actions might be seen as valid. Typically, the Uniform Commercial Code (UCC) requires legal actions to be initiated within four years of the discovery of a breach. If the state specific law differs from UCC and allows for a five-year limit, that is the law to be applied. However, in this circumstance, since the breach was identified on January 20, 1986, and the action was not initiated until January 15, 1990 -- which is four years later -- the lawsuit still fits within the five-year limit of the state law. Therefore, Barnes could not successfully argue that the action is barred by the UCC statute of limitations. It's extremely important to pay attention to the specific laws and regulations in a given jurisdiction as they are subject to change and may differ from general regulations or laws.
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A retired colonel in the army has been hired by Acme corporation,aviation weapons divisions, to be an expert consultant for all new weapons procurement activity. Eight months prior in his last official role in the army, the colonel was the chief contracting officer for all new weapons procurement activity. You are the program manager for the government on an upcoming new weapons procurement project. You should:
Answer:
Be aware of his new role, and if he attempts to communicate with you, raise your concern to your boss or the Contracting Officer.
Explanation:
In this example, we are presented with an ethical question. The retired colonel was hired to be an expert consultant for weapon procurement. However, this colonel used to be the chief contracting officer in the Army. As the program manager for the government, you might be concerned about the implications of the colonel's two duties, including confidentiality and conflict of interests. The best way to proceed would be to be aware of the colonel's new role, and the implications of it. More importantly, you should make sure that you communicate any attempts to communicate with you to your superiors.
what form of government does china have
Answer:
Republic of China is ruled by the Communist Party
Explanation:
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Which statement best summarizes the Court’s rulings on the constitutional requirements of confinement?
As the options are not included with this question, we cannot chose a particular statement. Nevertheless, we are able to explain what the Supreme Court has ruled when it comes to the constitutional requirements of confinement.
The first case that addressed such conditions was that of Holt v. Sarver, in 1970. This was the first in a series of common law cases that found state prison systems to violate the Eighth Amendment. This amendment prohibits the use of cruel and unusual punishment.
This series of cases established that confinement should not include the unnecessary infliction of pain, nor should conditions be grossly disproportionate to the severity of the crime warranting imprisonment. The restrictions placed on prisoners can be restrictive, and even harsh, but should not become cruel. This includes the display of deliberate indifference in emergencies on the part of officials, or malicious and sadistic acts.
The Court's rulings highlight a balance between extending individual rights and allowing government interests to maintain public safety. The Constitution safeguards personal freedoms and procedural rights, like the habeas corpus and counsel during custodial interrogations, while acknowledging circumstances where security concerns may necessitate different measures.
Explanation:The constitutional requirements of confinement as summarized by the Court's rulings emphasize the balance between the extension of individual rights and the government's need to govern and maintain public safety. The Supreme Court has upheld the death penalty as constitutional, recognizing government interests such as retribution and deterrence. However, the Constitution also places restrictions on the federal and state government's authority through Article I, Sections 9 and 10, and several amendments, including the Bill of Rights, which affirms personal freedoms, such as the right to counsel and protection from self-incrimination.
Specifically, the courts have established procedural safeguards for those in custodial interrogation, as outlined in Miranda v. Arizona, where defendants must be informed of their right to remain silent and to have counsel present. Moreover, the 14th Amendment has been interpreted to require states to provide representation for anyone accused of a crime, ensuring the right to a fair trial. Additionally, the Constitution guarantees the writ of habeas corpus, with historical instances demonstrating its use, such as during the Civil War and in the fight against the Ku Klux Klan, although its suspension has been debated in the context of terrorism and internment, as seen with Guantanamo Bay detainees and Japanese American internment during World War II.
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which of the following requires insurers to disclose when an applicant's consumer or credit history is being investigated
Insurers are required to disclose when an applicant's consumer or credit history is being investigated under the Fair Credit Reporting Act.
Explanation:Insurers are required to disclose when an applicant's consumer or credit history is being investigated under the Fair Credit Reporting Act (FCRA).
The FCRA is a federal law that ensures the accuracy, fairness, and privacy of consumer information. It requires insurers to notify applicants when their consumer or credit history is being checked and to provide them with a copy of the report if any negative action is taken as a result of the investigation.
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Andrew, a resident of California, received an advertising circular in the U.S. mail announcing a new line of regional cookbooks distributed by the Every Kind Cookbook Co. Andrew didn't want any books and threw the circular away. Two days later, Andrew received in the mail an introductory cookbook entitled Lower Mongolian Regional Cookbook, as announced in the circular, on a "trial basis" from Every Kind. Andrew did not go to the trouble to return the cookbook. Every kind demanded payment of $20.95 for the Lower Mongolian Regional Cookbook. Discuss whether Andrew can be required to pay for the book?
Answer:
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Explanation:
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Title VII of the Civil Rights Act of 1964: a. has been displaced by the Civil Rights Act of 1991. b. applies to employers engaged in an industry affecting commerce and having 15 or more employees. c. is enforced by the FTC. d. forbids discrimination in the workplace involving hiring, promotion, and retention, but does not cover transfer and retirement discrimination.
Answer:
b. applies to employers engaged in an industry affecting commerce and having 15 or more employees.Explanation:
The provisions of Title VII of the Civil Rights Act of 1964 contain special federal laws that provides a series of protection and rights to employees against any forms of discrimination in an organization.These protection applies to employers engaged in sectors that deal in businesses and that has 15 or more employees.Title VII of the Civil Rights Act of 1964 is administered by the Equal Employment Opportunity Commission.An accident investigator arrives at the scene of a hit-
and-run collision. The driver who remained at the scene
reports that the windshield or a side window of the car
that struck him shattered on impact. The investigator
searches the accident site and collects a large number of
fragments of tempered glass. This is the only type of
glass recovered from the scene. How can the glass evi-
dence help the investigator locate the vehicle that fled
the scene?
Answer:
Fingerprints, manufacturer information, and make/model
Explanation:
The glass recovered can be used to identify the make and model of the car, manufacturer information, and if they're lucky, fingerprints. Different companies whom make cars use different materials. Corvette glass is very fragile and is known to completely shatter on impact whereas a Jeep Wrangler with gorilla glass is going to be a lot more different in materials, and probably not going to shatter the same way (if at all) either.
Whenever you are around construction sites, you should _____. A. Speed up so you get through it quicker and avoid falling rocks B. Maneuver so that you aren't caught behind a slower moving vehicle C. Shift to Neutral D. Slow down
Whenever you are around construction sites, you should Slow down. Thus the correct option is D.
What is a construction site?Construction sites are places where the construction of buildings or houses and roads is happening using raw materials such as cement, sand, and bricks with the help of workers' daily wages.
When passing through construction sites one should slow down their speed in order avoid any risk or accident as in construction sites there are heavy materials are used which can fall down.
Speed restrictions can be kept in place when no traffic is present to shield drivers from the dangers of a highway that is being built. The objective is to keep traffic moving as quickly as possible while protecting workers and other road users.
Therefore, option D is appropriate.
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"The correct option is D.Whenever you are around construction sites, you should Slow down.
When driving near construction sites, it is important to slow down for several reasons:
1. Safety of Workers: Construction sites often have workers present, and driving at a slower speed reduces the risk of accidents involving these individuals.
2. Unpredictable Conditions: Construction zones can have uneven surfaces, debris, and sudden changes in traffic patterns. Slowing down allows drivers to react more effectively to these unpredictable conditions.
3. Reduced Speed Limits: Many construction zones have reduced speed limits that are strictly enforced. These limits are set to ensure the safety of both workers and motorists.
4. Fines: Driving at high speeds through a construction zone can result in hefty fines and penalties, which are often more severe than regular speeding tickets.
5. Avoiding Hazards: Falling rocks, loose gravel, and heavy machinery are common hazards in construction zones. Slowing down gives drivers more time to identify and avoid these dangers.
Options A, B, and C are not as safe or practical:
A. Speeding up to get through the construction site quicker is dangerous and can lead to accidents or traffic violations.
B. Maneuvering to avoid being caught behind a slower-moving vehicle can lead to unsafe lane changes and increase the risk of collisions.
C. Shifting to neutral is not recommended as it reduces the driver's control over the vehicle, especially in situations that require immediate acceleration or deceleration.
Therefore, the best and safest choice when around construction sites is to slow down (Option D)."
What is a two-track correctional system? Do you think a two-track correctional system would work better in our country? Would this decrease the percentage of offenders reentering the system?
A two-track correctional system is one in which two separate institutions operate parallel to each other. One institution administers juvenile justice, while another one administers adult justice. In this case, records from the juvenile system are not shared with the adult one.
I do not believe that a two-track correctional system would work better in our country. Under this system, a teenager with a long criminal record would be tried as a first offender when he reaches the age of eighteen or nineteen. This would be a problem as his past crimes would not be considered. Moreover, this is unlikely to decrease the percentage of offenders reentering the system, as the offenders are more likely to not get the punishment that they deserve. This also means that there is a greater risk of them taking the punishment too lightly and therefore committing crimes again.
Many years ago people believed that earth was the center of the solar system because from earth, it looks as if the stars and the sun
Answer:
Moved around the Earth
Explanation:
Nowadays, we know that the sun is roughly at the center of the solar system. However, this was not known in the past. In the past, people believed the Earth to be at the center, with the rest of the planetary objects revolving around it. This is because people relied on the way humans perceive the Earth to move. The motion of the Earth is close to a constant speed in a straight line, which means that we cannot feel its motion. Therefore, it can feel as if the Earth was static, and other bodies were moving around it.