Describe the ways courts handle contracts for which a required license is missing.
Answer:
Is the Agreement a Contract?
In a dispute, the court must initially determine whether the agreement constitutes a contract or not. In order for an agreement to be considered a valid contract, one party must make an offer and the other party must accept it. There must be a bargained for exchange of promises, meaning that something of value must be given in return for a promise. In addition, the terms of a contract must be sufficiently defined for a court to enforce them.
Enforcement and Contract Defenses
If a court determines that a contract exists, it must decide whether that contract should be enforced. There are a number of reasons why a court might not enforce a contract, called defenses to the contract, which are designed to protect people from unfairness in the bargaining process, or in the substance of the contract itself.
If there is a valid defense to a contract, it may be voidable, meaning the party to the contract who was the victim of the unfairness may be able to cancel or revoke the contract. In some instances, the unfairness is so extreme that the contract is considered void, in other words, a court will declare that no contract was ever formed. What are some of the reasons a court might refuse to enforce a contract?
1. Capacity to Contract
In order to be bound by a contract, a person must have the legal ability to form a contract in the first place, called capacity to contract. A person who is unable, due to age or mental impairment, to understand what she is doing when she signs a contract may lack capacity to contract. For example, a person under legal guardianship due to a mental defect completely lacks the capacity to contract. Any contract signed by that person is void.
A minor generally cannot form an enforceable contract. A contract entered into by a minor may be canceled by the minor or their guardian. After reaching the age of majority (18 in most states), a person still has a reasonable period of time to cancel a contract entered into as a minor. If the contract is not canceled within a reasonable period of time, it will be considered ratified, making it binding and enforceable.
Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be voided if the other party to the contract knew about the intoxication and took advantage of the person, or if the person was somehow involuntarily drugged.
2. Undue Influence, Duress, Misrepresentation
Coercion, threats, false statements, or improper persuasion by one party to a contract can void the contract. The defenses of duress, misrepresentation, and undue influence address these situations:
Duress: A party must show that assent or agreement to the contract was induced by a serious threat of unlawful or wrongful action, and that she had no reasonable alternative but to agree to the contract.
Undue Influence: Undue influence is often defined as unfair persuasion by a person who, because of his or her relation to the victim, is justifiably assumed by the victim to be one who will not act in a manner that is inconsistent with the victim's welfare.
Misrepresentation: A misrepresentation may be a false statement of fact; the deliberate withholding of information which a party has a duty to disclose; or an action that conceals a fact.
3. Unconscionability
The unconscionability defense is concerned with the fairness of both the process of contract formation and the substantive terms of the contract. When the terms of a contract are oppressive or when the bargaining process or resulting terms shock the conscience of the court, the court may strike down the contract as unconscionable.
A court will look at a number of factors in determining if a contract is unconscionable. If there is a gross inequality of bargaining power, so the weaker party to the contract has no meaningful choice as to the terms, and the resulting contract is unreasonably favorable to the stronger party, there may be a valid claim of unconscionability. A court will also look at whether one party is uneducated or illiterate, whether that party had the opportunity to ask questions or consult an attorney, and whether the price of the goods or services under the contract is excessive.
4. Public Policy and Illegality
Rather than protecting the parties to a contract as other contract defenses do, the defenses of illegality and violation of public policy seek to protect the public welfare and the integrity of the courts by refusing to enforce certain types of contracts. Contracts to engage in illegal or immoral conduct would not be enforced by the courts.
Comprehensive and collision coverage covers _______ of the insured vehicle.
Answer:
Damage
Explanation:
Comprehensive and collision coverage covers the actual cash value of the insured vehicle.
Taking into consideration the vehicle's age, condition, mileage, and any depreciation, the actual cash value indicates the vehicle's current market worth.
It's crucial to remember that the real cash worth of the car may not necessarily be the same as the cost of the initial purchase or the balance owed on the loan. The actual cash worth of a car at the time of a loss is typically used to determine insurance coverage because a car's value depreciates over time.
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HELP PLEASE!!!
At the end of the nineteenth century, people from Southern and Eastern Europe were immigrating to the United States, whereas earlier immigrant groups had been mostly from Northern Europe. The Immigration Act of 1924 reduced the number of immigrants from any one European country to 2 percent of that group’s population in the United States on record in the census of 1890. What was the likely reason for this social policy on immigration?
A). Americans believed there would be no further immigration of Northern Europeans, so the 2 percent quota reduced the overall number of immigrants.
B). The government of the United States believed that a 2 percent quota across the board was fair, and the 1890 census was the only complete census on file.
C). The government of Italy was concerned about the number of people leaving the country and asked the United States to do something to limit further immigration.
D). Many Americans were prejudiced against people from Southern and Eastern Europe, and the census-based quota ensured fewer of them would gain entry.
Answer:
A
Explanation:
in your own opinion
good luck
Which country had the first constitution in the world?
Answer:
San Marino
Explanation:
The Republic of San Marino is considered to hold the world's oldest constitution, which came into force on October 8, 1600. The Constitution is a set of six Latin texts known as “The Statutes of 1600.” It is thought to be the world's oldest surviving national constitution.
what is scientific research
Explanation:
Scientific research is a systematic way of gathering data and harnessing curiosity. This research provides scientific information and theories for the explanation of the nature and the properties of the world. It makes practical applications possible.It is also called theoretical research.
Which policy could be used to increase energy efficiency across the electric sector?
Group of answer choices
A. Require home and commercial appliances to meet efficiency standards that increase over time.
B. Provide consumers and businesses with information about the relative energy efficiency of different appliances and estimated lifetime cost savings.
C. Subsidize home energy efficiency upgrades such as home insulation and efficient appliances.
D. All of the answers are correct.
The policies proposed here can be used to increase energy efficiency in the electricity sector. Thus, Option D is the correct statement.
How to utilize energy effectively?Efficient power use, on occasion honestly referred to as power efficiency, is the purpose to lessen the quantity of energy required to offer services and products and also can lessen outcomes of air pollution.
Hence, Option D is the correct statement that all the policies mentioned here for the purpose of energy efficiency can be utilized.
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All III inquiries must be logged with the requestor's name, agency, and terminal operator's name, and the justification why the criminal history was requested. These logs must be kept for a minimum of _____ year(s).
The logs of inquiries of criminal history must be kept for a minimum of one year.
What is Criminal Record?The term Criminal record refers to the list of the actions and crime activities of the criminal kept properly and being interacted at the time of the criminal justice. It is also known as Criminal record.
This includes the activities of the Arrests, detentions, convictions, and other interactions with the legal system and law enforcement authorities
Here criminal activity includes the term crime which means any action or inaction that is prohibited by the law. The violation of a legal obligation may also be the focus of a criminal investigation.
All III requests must be recorded together with the identity of the requestor, the agency, the terminal operator, and the reason why the criminal history was required. These records must be retained for at least a year.
Therefore, it can be concluded that logs of inquiries of criminal history must be kept for a minimum of one year.
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In a mixed market economy, property owned by an individual ….
Can be used by all citizens
Can be run by a city or state
Can help promote personal wealth
Can be used by government workers
In a mixed market economy, property owned by an individual can help promote personal wealth.
What is mixed market economy?Mixed market economy is the one that that includes both private and government owned entities in the control of an economy.
This means that both share control of owning and exchanging good in the country.
Hence, In a mixed market economy, property owned by an individual can help promote personal wealth.
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Answer:
C. Can help promote personal health.
Explanation:
The enumerated powers of congress and the national government are those.
The enumerated powers of Congress and the national government are Levying taxes, regulating trade, creating a standard rule of naturalization, establishing federal courts, creating and maintaining a standing army, and declaring war are all among the enumerated powers. This is further explained below.
What is Congress?Generally, Congress is simply defined as a gathering of representatives from several organizations; often members of a political party, a labor union, or experts in a specific field who have been invited to participate in a series of sessions to debate issues of mutual interest.
In conclusion, Congress stands to check the president.
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The right hand lane is the ______ lane and is typically used to serve entrance and exits
3. While seem by some as a way to get rich, the
tax on the poor.
O Lottery
O Credit Card Industry
O Stock Market
Sales Tax
is actually a tax on the poor
Swimmers were unable to use a city-owned beach for several days because demonstrators protesting city policies had taken over the beach. Immediately after the demonstration ended, the city enacted an ordinance that banned “all First Amendment activities” on the beach. What is the best argument AGAINST the constitutionality of the ordinance?
(A) The ordinance amounts to a prior restraint on speech.
(B) The ordinance is overly broad.
(C) The beach is a public forum.
(D) The city enacted the ordinance to prevent further
protests of its policies.
Answer:
The city enacted the ordinance to prevent further protests of its policies.
Explanation:
By enacting an ordinance that banns “all First Amendment activities” is against the peoples constitutional rights making it illegal to pass.
The three most common malfunctions of a cartridge are a misfire, a hangfire and a squib load?.
Answer:
ofc
Explanation:
there is no bang, this is considered a misfire.
There are 3 fundamental malfunctions that may be attributed to ammunition specifically: A misfire, A hangfire, and A squib load.
What is a Misfire ?
If you pull the trigger and there is no bang, this is considered a misfire. There could be various reasons for this to occur such as a bad primer or the powder in the cartridge has been compromised.
What is a hangfire ?In the case of a hangfire, the first indication that something is wrong is the same as a misfire. You have pulled the trigger and nothing has happened.
However, with a hangfire, there just may be a delay between when you pulled the trigger and when the round actually goes off. Hangfire are extremely rare.
What is Squib Load ?With a squib load, the cartridge has insufficient powder to fully propel the bullet to the target. Squib loads often make a distinctive sound, like a “poof” that is different than a normally functioning cartridge when fired.
Often with a squib, the bullet gets stuck in the barrel of the firearm. A good way to determine if this has happened is with the use of a bore flashlight. You can shine the light from the feed ramp side of the chamber and if no light is seen coming through, the bullet is wedged in the barrel and must be pushed out with a cleaning rod.
There are 3 fundamental malfunctions that may be attributed to ammunition specifically: the misfire, the hangfire, and the squib load.
Hence, we are able to say that the three characteristic of malfunctions of a cartridge are a misfire, a hangfire and a squib load.
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Power tools must be fitted with guards and what else
When not part of a school-endorsed function, the proper ratio
for supervising minors is one supervisor per 20 minors except in
cities of the first class (Philadelphia) where it is one supervisor
per 5 minors.
It is TRUE that the proper ratio for supervising minors is one supervisor per 20 minors except in cities of the first class (Philadelphia) where it is one supervisor per 5 minors.
What is the proper minors-supervisor ratio?In Philadelphia, the proper ratio for the supervision of minors is one supervisor for 5 minors.
However, in the remaining states, one supervisor can supervise up to twenty minors.
Thus, it is TRUE that when not part of a school-endorsed function, the proper ratio for supervising minors is one supervisor per 20 minors except in cities of the first class (Philadelphia) where it is one supervisor per 5 minors.
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The production possibilities frontier has a __________ due to the law of diminishing returns.
The production possibilities frontier has a Curved shape due to the law of diminishing returns. This is further explained below.
What is the law of diminishing returns.?Generally, the law of diminishing returns. is simply defined as the concept when more money or energy is put into something, its value decreases in relation to the amount of time and effort expended
In conclusion, The range of options for production due to the rule of decreasing returns, the frontier is curved.
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In court cases the ________ is the party that brings charges and the ________ is the party accused of a violation of the law.
In court cases, the Plaintiff is the party that brings charges and the Defendant is the party accused of a violation of the law. This is further explained below.
Who is Defendant?Generally, Defendant is simply defined as the person or persons charged with a crime or violation of a legal code.
In conclusion, Defendants are accused of breaking the law, whereas Plaintiffs are the ones who file the accusations against them.
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The board nursing will typically use mediation to resolve first instances of relatively minor violations
It is a true statement that the board nursing will typically use mediation to resolve first instances of relatively minor violations.
What is a mediation?This refers to an interactive process whereby a third party helps in resolving conflict between disputing parties through the use of specialized communication.
Therefore, that act of mediating by the board will help to resolve first instances of relatively minor violations.
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Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include
The thing which the complaint should include is b. a statement alleging the facts showing the court has jurisdiction.
What is a Lawsuit?This refers to the class action that is filed by a person or company against another in a law court, seeking redress.
Hence, we can see that based on the tenets of law, if Gilbert wants to initiate a lawsuit against Healthways Insurance Company by filing a complaint, he should include a statement alleging the facts showing the court has jurisdiction.
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If adnan is indeed innocent, did the injustice of racial profiling
play a part? using the scale, list all the racial injustices that
may have affected the trial. on the other side, list the ways
gutierrez tried to negate the jury's potential bias.
I believe the majority of the injustice done to Adnan Syed was majorly because of racial profiling.
The racial injustices was:
He was called a Pakistani instead of American.fabricates a pattern of cases using Pakistanis.It was also fueled by anti-Muslim.Fabricated evidence.Reasons to condemn him.Did Racism Help Put Adnan in Prison?A lot of people believed that Adnan is innocent because:
The evidence presented in his second trial was contradicted before.A key witness can tell that he was innocence.A lot of persons of interest were needed to be investigated.Therefore, I believe the majority of the injustice done to Adnan Syed was majorly because of racial profiling.
The racial injustices was:
He was called a Pakistani instead of American.fabricates a pattern of cases using Pakistanis.It was also fueled by anti-Muslim.Fabricated evidence.Reasons to condemn him.Learn more about Racism from
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What conclusion and recommendation can you make on the issue of gbv to the communities
Answer:
Different recommendations and conclusion can be drawn on human rights violation in government and communities.
Explanation:
1-Foremost thing that government can do is the legislation to control the human rights violation and this law should be applicable on all the people belong to any community. Government also make human rights violation issue a part of their policy so that every government could understand before hand.
2-Communities should run campaign so that people understand their human rights and can complain against such violations.
Human right violations happens all over the world but individuals and government need to work together to stop and eradicate such violations
1 . If it has been previously suspended and reinstated, your license will be suspended for accumulating ____ points within a three-year period.
A driver's license will be suspended for accumulating 12 points within a three-year period.
What is a driver license suspend?This means the revoking of the driver license of a driver.
However, If the driver;s license has previously been suspended due to the point system, it might also be suspended after accumulating only eight points.
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Expressway lane marking are of a different design and meaning as on other roadways
Expressway lane marking are of a different design and meaning as on other roadways is a false statement.
What is the characteristic of an expressway?The characteristics of an expressway are:
Controlled accessHigh-speed traffic, Divided by a barrier, etc.Note that Expressway lane marking are of a different design and meaning as on other roadways is a false statement.
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Resolved: radicalism is preferable to incrementalism to achieve social justice.
what are arguments in favor of either side? specifically go over the disadvantages of radicalism.
note:
social justice is the procurement of equality so radical and incrementalism do not pertain to corporates for the most part as most articles tie them to.
The argument for radicalism is preferable to achieve social justice is that:
It is made up of a lot of pathways that interact and combine and bring about social justice.What is the argument for incrementalism as preferable to achieve social justice?Incremental change is one that makes effort to solve issues through the use of small, systematic steps that brings about or influence change over time.
Note that through the incremental method, governments can lower the risk and base their focus in working to make the system better instead of starting from the bottom and forming a new one.
The disadvantage of in radicalism is that it often begins from grassroots activism and most time it is always too spontaneous.
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Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of
"Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the action is a cybercrime. Patricia resides in New" This is a case of jurisdiction. This is further explained below.
What is jurisdiction?Generally, jurisdiction is simply defined as the authority vested in government officials to render legal judgments.
In conclusion, "Patricia commits a cybercrime by sending an email to Othman Finance Company, a company in California. Patricia is a New Yorker." It's a question of jurisdiction here.
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What does deputy governor danforth represent or symbolize in the court?.
Answer:
Danforth represents the evil of blind certainty in the play: he refuses to accept the truth because to do so would humiliate him. He'd rather see people die.
Briefly describe the lawsuit. Be sure to identify the compliance issue that led to the lawsuit and note the protected class or classes that were affected.
Explanation:
perturbateur ( le temps, le lieu, les personnages[description], la victime, l'enqueteur )
les peripeties
le denouement
A parallel flow is an example of a (_what_) intersection?
Answer:
displaced left-turn lane
Revocation is effective on dispatch.
True or False?
Answer:
True.
Explanation:
I've seen these flashcards before, had them in a business & management class.
Members of the u. S. Supreme court serve for how long?.
Answer:
They can serve for life
Explanation: