Answer:
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Explanation:
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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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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 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 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.
what form of government does china have
Answer:
Republic of China is ruled by the Communist Party
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.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.
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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