A contract provision that attempts to release one party from liability in the event the other is injured is called exculpatory clause.
An exculpatory clause is a contract term that absolves a party of guilt or obligation for damages incurred during the contract's performance. It is inserted in a contract to protect the person who issues the provision from legal ramifications of malfeasance or carelessness. Exculpatory provisions are frequently utilized when a service provider is required to enter into a service agreement with a client that jeopardizes the customer's personal belongings or physical well-being. One sort of exculpatory provision may state that one party is not liable for the other party's wrongdoing. A classic example of this sort of exculpatory language is a lease in which the landlord states that the renter will not be held liable for any damages caused by the tenant.
A contract in which one party (typically the one making the contract) has no culpability for its own conduct is another sort of exculpatory provision. In other words, the other party must sign the contract despite the fact that the contract holder believes it cannot be sued. These clauses are most commonly encountered in retail scenarios.
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When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is
On a busy day just before April 15, Albert Accountant received a call from a local car dealer. The dealer said, “Hi, Mr. Accountant. Now, while you have income from doing clients’ taxes, I have an excellent offer for you. You can buy a new Buick Century automobile completely loaded for $36,000. Al, I know you’re busy. If I don’t hear from you by the end of the day, I’ll assume you want the car.” Albert, distracted, did not respond immediately, and the dealer hung up. Then followed an exhausting day of working with anxiety-ridden tax clients. Albert forgot about the conversation. Two days later a statement arrived from the dealer, with instructions on how Albert should pick up the car at the dealership. Is there a contract? Explain.
For the establishment of a contract, the following elements must be present in the deal:
OfferAcceptanceConsiderationMutuality of obligationCompetency and capacity
In the given case, there was no acceptance by Albert's accountant of the offer made by the local car dealer. He was yet to respond to the offer from the car dealer. So there was no contract established between the 2 parties.
A contract is an agreement among non-public events developing mutual duties enforceable with the aid of the law. The primary factors required for the settlement to be a legally enforceable settlement are mutual assent, expressed by using a legitimate offer and attractiveness; ok consideration; capability; and legality.
A contract is any know-how or association reached between or more parties. A settlement is a specific sort of agreement that, by means of its phrases and factors, is legally binding and enforceable in a courtroom of regulation.
Appearance up obligor or obligee in Wiktionary, the loose dictionary. A settlement is a legally enforceable agreement that creates, defines, and governs mutual rights and obligations amongst its parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of these at a destiny date.
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set of promises between two or more parties the performance of which the law expects, the breach of which the law provides remedies.
Answer: Contract
Explanation:
Why is it important to name an executor in a will?
A) To ensure that beneficiaries get whatever they want from the estate
B) To ensure that someone you trust administers your estate
C) To ensure that beneficiaries do not receive any asset
D) To ensure that the court doesn't declare the will null and void
Answer:
B) To ensure that someone you trust administers your estate
Explanation:
Executor DOES NOT decide who gets what
Executor makes sure the property that is in the will goes to the right person
They will need to find and contact the beneficiaries named in the will.
The executor may choose to work with a tax accountant to do this
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What is the most important implied covenant in an oil and gas lease
The most important implied covenant in an oil and gas lease is that the lessee must continue to develop the underlying resources according to the agreement.
What is an implied covenant?An implied covenant is a contract rule to require parties in a contract to implement the intended terms of the agreement.
The purpose of an implied covenant is to ensure that the parties do not undercut the purpose of the contract.
Other essential covenants are that the lessee of an oil and gas lease must protect and administer the leasehold.
Thus, the most important implied covenant in an oil and gas lease is that the lessee must continue to develop the underlying resources
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Suppose that the following milestones apply to a hypothetical based on Brodgen v Metro Railway. Brogden supplies coal to Metro on a regular basis. On June 3, Brogden and Metro negotiated a draft concerning the supply of coal.
Suppose that the following transactions take place:
• April 2: Brogden shipped and Metro received 85,000 tons of coal
• May 2: Brogden shipped and Metro received 145,000 tons of coal
• May 22: Brogden shipped and Metro received 65,000 tons of coal
• June 2: Brodgen shipped but Metro received the delivery of 45,000 tons of coal
• July 2: Brogden shipped but Metro rejected the delivery of 50,000 tons of coal
• August 2: Brogden shipped and Metro received 225,000 tons of coal
• August 29: Brogden shipped and Metro received 75,000 tons of coal
Using data from [B3] below, determine damages payable using the above-identified theory & recovery basis:______________ (number)
The damages payable using the above-identified theory & recovery basis is 50000 tons.
What are damages?It should be noted that damages are the remedy to be paid to a client as compensation.
In this case, Brogden shipped but Metro rejected the delivery of 50,000 tons of coal.
Therefore, the damages payable using the above-identified theory & recovery basis is 50000 tons.
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A d-snp member loses his eligibility due to a change or loss of medicaid status. What cost sharing is he responsible for while in the grace period?.
The cost sharing that the member is responsible for would be the Medicare cost-sharing portion.
What is the Medicare?This is the term that is used to refer to the insurance policy that is given to the citizens of the United States based on the fact that it would help to reduce the cost that they would have paid for several health bills.
It is a health type of insurance for those that are of 65 years and above and the younger people that are found to be eligible. The plan also include the people in the nation that are found to have one disease or the other.
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Do you think Geo-Fencing is an invasion of privacy? Why?
Answer: Law enforcement officers have been using geofencing to find the location data of mobile devices in the area of a committed crime. While this gives them the ability to find a possible suspect, consumers feel it is a violation of privacy for the innocent parties.
The right of an individual to take another person's resources because that person has failed to meet the requirements of the law is known as a ________. Group of answer choices dicta remedy citation holding precedent
What program is available to support c-snp and d-snp members who may have unique health care needs?.
The healthcare program available to support C-SNP and D-SNP members with unique healthcare needs is a care management program that varies and depends on the member's health risk level.
What is a Dual Special Needs Plan?A Dual Special Needs Plan (DSNP) is a special Medicare Advantage Plan that provides health benefits for people who qualify for both Medicare and Medicaid. These people are described as dually eligible.
The eligibility for these special needs rests on health risk assessments.
What is a health risk?Health risk refers to an adverse event or negative health consequence resulting from specific events, diseases, or conditions.
For example, obesity health risks include diabetes, joint disease, cardiovascular disease, and an increased probability of cancers.
What is health risk assessment?A health risk assessment is an appraisal or evaluation that assesses a person's health risks based on the person's medical history, demographic, and lifestyle characteristics.
Thus, the healthcare program available to support C-SNP and D-SNP members with unique healthcare needs is a care management program that varies and depends on the member's health risk level.
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_____ means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.
According to the research, Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.
What is due process?It is the principle that guarantees that each person has certain minimum guarantees so that the result of a judicial process is equitable and fair.
It is linked to respect for the rights of a person who, within the framework of the judicial procedure, can go from accused to imputed, then prosecuted and finally convicted.
Therefore, we can conclude that according to the research, Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.
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g 23. The appropriate geographical location of the court that has jurisdiction could be based on the _____________involved in the dispute: a. People b. Property c. Place
Answer:
Explanation:
I think so yes you are correct I think so yes you are correct
When a patient is covered under more than one policy, __________ is used to ensure the claim is not paid to more than 100%.
When a patient is covered under more than one policy, coordination of benefits is used to ensure the claim is not paid to more than 100%.
Health policy is best understood as an overarching set of principles and goals that govern how health care is provided and consumed. Health policies are codified at the national or state level and fine-tuned at hospitals or clinical sites.
Use health policies to prevent disease and improve health. Health policies can have a significant impact on health and well-being. Healthy People 2030 focuses on keeping people safe and healthy through laws and policies at the local, state, territory, and federal levels.
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The elements of child abduction (PC 207e) are: (1) taking a child (2) intent to detain the child and (3) ______ from its parents, guardian, public agency, etc. The child’s _________has no effect on this section.
Answer:
1. ³/⁵-¹⁹⅘fright 5&23⁹/⁶
A PIO's proactive approach to public information enhances credibility in messaging. Proactivity occurs during A. The five (5%) segment of the 95/5 concept B. The ninety-five (95%) segment of the 95/5 concept C. down time when working an emergency. D. " blue sky" time but makes no difference in credibility.
Answer: B is the correct answer
The occurrence of the PIO's proactive approach to public information enhances credibility in messaging when there is downtime when working an emergency. Hence, Option C is correct.
What is a proactive approach?
When actions are taken by the person for any problem or difficulty before its turns into a big issue or problem is known as the proactive approach. In nsimpleterms, an approach is made by becoming an active solver in advance. There is one more way to solve any problem and that is the reactive approach. As per the name, it can be stated that the problem or the difficulty will be solved only when it is moved to the next level.
In the case of the reactive approach, the problem is solved when there is a lot of work pressure and a load of other problem-solving is also there. For instance, when a student prepares for the exams that are going to be held in the month of June, preparation will be started by the student in January.
Thus, Option C is correct.
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13. According to her test results, Anna prefers logical reasoning over emotions, uses cause-and-effect reasoning, and seeks out the unbiased truth.
Which trait is she likely strong in?
O A. Extroversion
OB. Thinking
O C. Making
D. Feeling
Based on the fact that Anna tries to use logic as well as cause and effect, the trait she is likely strong in is B. Thinking.
What trait is Anna strong in?Anna is most likely strong with the "thinking trait" because she shares characteristics with others who think a lot.
They try to use logical reasoning, and they use cause-and-effect associations to make decisions.
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All communication standards associated with local area networks are governed by ________.
Answer:
i think the IEEE 802 Protocol
Explanation:
g 17.Authority of the court to hear a case: a.Judicial authority b.Jurisdiction c.Legal Authority
The correct option is (b). Jurisdiction is the Authority of the court to hear a case.
What Is Jurisdiction?The legal word for the power given to a legal institution to administer justice is jurisdiction. Areas of jurisdiction are applicable at the municipal, state, and federal levels in federations like the United States.
court jurisdiction. 1. Inauguration The term "jurisdiction" refers to the power granted by the law to a court, tribunal, or judge to resolve any difference between the parties, provide a decision, or impose an order.
The ability to exercise authority over people and things inside of a region is known as jurisdiction. It grants a court the authority to hear a case or lawsuit and make a decision legally. The term "jurisdiction" can also refer to a region of land where political power is acknowledged.
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Litigation generally refers to dispute resolution processes for _______ (or _______) cases in public courts of law.
Litigation generally refers to dispute resolution processes for civil (or non-criminal) cases in public courts of law.
What is litigation?The process of settling conflicts through the public court system by submitting or responding to a complaint is referred to as litigation.
The main purposes of litigation are-
Contrary to popular belief, litigation is not the same as a "lawsuit" that has been filed. Following the filing of a lawsuit, legal processes between two parties to uphold or defend a legal right under the supervision of a court are referred to as litigation.The purpose of litigation is to ascertain the rights, responsibilities, and obligations of the parties involved in a legal dispute. In other words, it is the procedure for settling the conflict by legal action, the results of which are enforceable and legally binding.A civil lawsuit is initiated by a member of the public, who then enters the litigation process.To know more about the legal dispute, here
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Another substantial factor related to novice driver crash incidents is an over-estimation of one's own
driving _______.
Another substantial factor related to novice driver crash incidents is an overestimation of one's driving skill or ability.'
What determines driving skills?Driving skills can be determined by measuring a driver's technical and safety skills.
The technical skills include steering, reflexes, smooth braking, and ease of acceleration.
The ability to judge distances, make the right decisions, and be alert on the road are necessary measures of the driver's ability.
Who are novice drivers?Novice drivers are newly trained licensed drivers, who are usually given Graduated Drivers licensing (GDL) to enable them to gain experience incrementally or in stages.
Thus, some novice drivers overestimate their driving abilities.
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In a lawsuit, a defendant can file a ______ if the defendant believes that the plaintiff has caused her damages arising out of the same set of facts.
Answer: Counterclaim
Explanation:
In which of the following situation can bench trial occur
In the justice system, a bench trial can occur only when the defendant does not request a jury trial.
See the Explanation below.
What is a Bench trail?Simply put, a bench trial can be defined as a situation in the justice system where the judge decides guilt or not guilt, however, the Jury Trial is when an array of other lawyers have to decide whether a person is guilty or not guilty.
In conclusion, for the judge to issue a bench trial it has been stated that the defendant has not specifically requested a trial by the Jury
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After a jury is selected, the attorneys present their theories of the case and what they hope to prove to the jury in _______.
NATIONAL AUTO DEALERS EXCHANGE, L.P., PLAINTIFF,
v.
DIRECTOR, DIVISION OF TAXATION, DEFENDANT.
PART II: FX ECON301 Case Question Interrogatory [Research Part III] 50 marks evenly weighted ILO:A1/A2
Cite Case Name: NATIONAL AUTO DEALERS EXCHANGE, L.P., PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT. * SEC:___ NAME:______________________SID#_______________
*If unanswered, or answered incorrectly, -2 ½ marks.
Battery#1
[1] What is the jurisdiction of the case? (Answer no more than 3 words)
A: court to declare the assessment of Corporation Business Tax
[2] Is this a class action law suit? Answer Yes or No. If yes, briefly describe the class in one short sentence (25 words or less):
A: yes,
[3] Which party prevails (wins) in the case? __________________________ (single term or cite the name of the party)
[4] Is a fine or restitution or a monetary award of damages involved in this case? If so, indicate the sums involved. (HIGHLIGHT or CIRCLE THE CORRECT UNDERLINED TERM ABOVE) Sum awarded: ____________ (If not applicable identify outcome sought e.g. equitable relief or declaratory judgment: ________________________________ (4 words or less)
[5] Is this a final adjudication of a substantive law claim? Answer YES or NO. If YES, indicate substantive law claim decision. If NO indicate that the matter has been REMANDED to a lower court or that it is a final adjudication of a procedural law claim. If a final adjudication of a procedural law claim, indicate the nature of the procedural dispute in one brief sentence. _____________________________________________________________________________ (25 words or less)
1. The jurisdiction of the case is in New Jersey.
2. It is not a class-action lawsuit. A class-action lawsuit involves a large group and not a partnership. For instance, if all the Auto Dealers in New Jersey are involved in the case, it becomes a class-action lawsuit.
3. The plaintiff, NATIONAL AUTO DEALERS EXCHANGE, L.P, prevails in the case.
4. There was no monetary award in the case. It was a summary judgment, which does not require a full trial.
5. This case was a final adjudication of a substantive law claim. The court affirmed that the tax division of New Jersey lacked the jurisdiction to impose or assess NADE for corporate tax since it was not a company for corporate tax purposes but a pass-through entity.
What is jurisdiction?Jurisdiction refers to the level of government that exercises the legal authority to decide a lawsuit.
In the United States, jurisdiction is divided into local, state, and federal levels.
What is a pass-through entity?Some of the pass-through entities include sole proprietorship, partnerships, LLCs, and S-corporations.
A pass-through entity is not assessed for corporate tax because the profits are distributed to the individual owners who are assessed for personal taxes.
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If a paralegal prepares a research memo concerning case law and the strategy for representing a client, this memo is likely considered.
A. attorney-client privileged.
B. property of the client.
C. property of the attorney.
D. attorney work product.
When a paralegal prepares a research memo which could concern the strategy for representing a client, that memo is considered C. property of the attorney.
Who is a paralegal?Paralegals are legal professionals who have a wealth of legal knowledge but are yet to have passed the bar.
Their duty is to assist lawyers in legal issues by researching cases for them, coming up with strategies, and basically other ways that the lawyer needs help with.
The work done by the paralegal such as researching case strategy will be considered to be the work of the attorney who was being helped by the paralegal.
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Sentencing of offenders is assessed differently using different ethical perspectives. Explain
The punishment that an offender receives is based on the different ethical perspective of the person doing the sentencing.
How does ethical perspective affect sentencing?The ethical view that a judge takes when they are sentencing a person is what ultimately determines the sentence that the offender will get.
For instance, a man runs red lights and has an accident. He doesn't stop because he is trying to get his wife who is in labor to the hospital.
A judge who believes that the ends justifies the means will give that man a lighter sentence because he was just trying to get his wife proper medical care.
Another judge might impose a heavy sentence because the judge wouldn't look at why the man committed the crime, but how it affected other people.
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Members who lose their eligibility for the d-snp due to a change or loss of medicaid status are responsible for what cost sharing?.
Medicaid cost sharing is the responsibility of the members who lose their eligibility for the D-SNP as a result of a change or loss in their Medicaid status.
What is Medicaid?Medicaid is the country's public health insurance program for low-income individuals, it should be highlighted.
Medicaid is the country's public health insurance program for low-income individuals, and it provides coverage to 1 in 5 Americans, many of whom have complicated and expensive medical demands.
The Medicaid entitlement is predicated on two guarantees: first, states are promised federal matching funds without a cap for qualified services delivered to eligible enrollees under Medicaid, and second, all Americans who fulfill Medicaid eligibility standards are assured coverage.
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When one party promises to do what she is already legally obligated to do, the law considers this a(n)_______ and not valid consideration.
When one party promises to do what she is already legally obligated to do, the law considers this a preexisting duty and not valid consideration.
What is a valid consideration?A valid consideration is a price paid in exchange for goods or services or a promise to do (or abstain from) something.
A valid consideration must be significant, adequate, and unconditional.
Thus, when one party promises to do what she is already legally obligated to do, the law considers this a preexisting duty and not valid consideration.
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What is the term for an individual or group that attempts to conduct malicious activities against enterprises?.
Answer: In cyber security and threat intelligence, a threat actor is a broad term for any individual or group of individuals that attempts to or successfully conducts malicious activities against enterprises, whether intentionally or unintentionally
Legality of ______ means that contracts that are contrary to existing laws or public policy are likely to be rendered unenforceable.
Legality of purpose is the concept that a contract may be enforced even if its terms are against the law or public policy.
What Does Contract Law Mean by Legality of Purpose?The terms and conditions of legal documents that are enforceable and legally binding constitute the validity of purpose in contract law. They frequently include commitments and conditions that were mutually agreed upon. Every enforceable contract must have a purpose that is legal.According to the insurance principle known as "legal purpose," insurance contracts that cover things that are illegal or entail illegal terms are invalid. For instance, a liability insurance policy for a business engaged in bank robberies would not be acceptable. None of the asserted claims would be enforceable in court.What does the term "Purpose" in a contract mean?The term "purpose" refers to both the parties' intention to investigate developing a commercial connection in regards to the Project and their subsequent business action in that regard.
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