Insurance and Reinsurance contracts are contracts of utmost good faith. There is accordingly a duty of full disclosure. Unlike ordinary contracts, non disclosure will operate to allow avoidance of the contract
The possibility of losing your home to foreclosure can be terrifying. The reality that scam artists are preying on desperate homeowners is equally frightening. Many companies say they can get a change to your loan that will reduce your monthly mortgage payment or take other steps to save your home. Some claim that nearly all their customers get successful results and even offer a money-back guarantee. Others say they're affiliated with the government or your lender and still others promise the help of attorneys or real estate experts.
Unfortunately, many companies use half-truths and even outright lies to sell their services. They promise relief, but don't deliver. In fact, many of these companies leave their homeowner customers in worse financial shape.
The Federal Trade Commission (FTC), the nation's consumer protection agency, wants you to know that there is a Rule in place to protect homeowners. The Mortgage Assistance Relief Services (MARS) Rule (also known as Regulation O) makes it illegal for companies to collect any fees until a homeowner has actually received an offer of relief from his or her lender and accepted it. That means even if you agree to have a company help you, you don't have to pay until it gets you the result you want.
If you're struggling to make mortgage payments or facing foreclosure, the FTC wants you to know how to recognize a mortgage assistance relief scam and exercise your rights under the Rule. And even if the foreclosure process has already begun, the FTC and its law enforcement partners want you to know that legitimate options are available to help save your home.
EEOC -- Employer Equal Opportunity Commission
Ordering a burger at a restaurant- there is an implied contract that the restaurant will fill your order (i.e. serve you whatever you order) and its implied that you pay for that.
Ambulance taking you to an emergency room. There is an implied contract between you and the hospital for payment (this is true even if you claim you never gave consent to be treated).
Another example of implied contract :
A coolie(railway laborer) picks up the articles owned by the tourist without asking the tourist and tourist also don't stop him to pick up his carriage, this shows the consent of the tourist. So, there is contact between both. This type of contract is called implied contract.
When licensing something to a broadcaster, it will generally include "updates, repeats, re-airs and in context promotions, and in promos released to affiliates, partners, and licensees, distributed worldwide, in all media now known and hereafter conceived or created, including home video and DVD and Internet and broadband distribution." An in-context promotion in this case just means a teaser.
Say you send a video of your cat falling off the couch to America's Funniest Pets. Signing this agreement would allow them to use it in a show, re-air the episode, use part of your video in a teaser or other promo, distribute the show and/or the promos worldwide, use it in a different show (say, a compilation of the top ten cat videos of the past year) and cut promos of thatfor worldwide distribution, in any format, forever.
The "in context" part is important, though: it means you're not giving them license to use your cat video in any other type of project.
To ratify a contract is to approve of it after the fact when the ratifying party either had no obligation under it or disclaimed any obligation under it. An example would be where a contract is made by an agent for a principal, but the agent had no authority to make the contract. The principal is under no duty to abide by it; however he does have the right to ratify it after reviewing it and deciding he wants it.
You may sue for breach of this promise only if the failure to make the delivery on time is a material breach of the contract and if you suffered monetary damages as a result of the breach. The promise to deliver at a specific time is not automatically a material provision of the contract per se although it can be made so within the contract itself. Never the less, even if it is a material provision and if it has been breached, you may not sue if you have suffered no monetary damages as a result of the failure to make an on time delivery.
this are offer,acceptance,intention,capacity,consideration,legality and formality.
A Will is NOT a contract. A Will is a declaration. A Will has no power or authority until the death of the testator. You cannot breach a contract where a contract does not exist.
However, if you had a contract under which you performed a service or gave up something of value in exchange for a promise of a particular thing under the Will and that Will was thereafter revoked it could constitute a breach of contract. If you can prove the existence of the contract without violating the "Dead Man's Statute"* and that you performed what you were obligated to do under that contract or detrimentally relied on that promise you may have a claim against the estate of the deceased for the breach in failing to compensate you with whatever they had promised to under the Will.
In some states a contract to make a Will must be in writing. In all states if the contract involves real estate the Statute of Frauds applies and the contract is treated as a contract for the sale of land and it must be in writing.
An example of this would be where Uncle promises Niece that if she will move in with Uncle and take care of him Uncle will give her the house in his Will. Thereafter Niece moves in and pursuant to the terms of the contract takes care of Uncle. Uncle neglects to give Niece the house. Niece would have a claim against Uncle's estate. The contract to make the Will would have to be in writing since it involves real estate.
*Dead man's statutes are designed to protect the estate of a deceased person from fraudulent claims made by a person who had engaged in transactions with the decedent. These laws do not permit theclaimant to testify as to what terms a decedent verbally accepted, since the decedent is unable to testify and give his or her version of the transaction.
One of the rules of contracts is there must be a meeting of the minds. If the two sides do not agree and consent to the same thing, the courts will hold there is no contract. Both parties may think they agree to the contract, but they could be thinking two different things. Both sides may agree that the cotton coming into port on a ship is what they are buying or selling. But if there are two different ships with the same name, they haven't agreed to the same thing.
That means a lender has executed a purchase and sale contract on a property it owns by foreclosure and a sale is pending.
There is no 'Cooling Off Period' or "3-Day Right-to-Rescind" for automobile purchases anywhere in the USA. The right of rescission only applies to contracts signed for goods or services when the contract is signed at your home. It does not apply to a usual place of business. It was designed to prevent people from being victimized by professional high pressure sales people who sell goods and services door to door and pressure people into signing contracts. When you go to a place of business, you always have the option of walking out. You can not walk out of a sales situation in your own home.
Once a vehicle is "delivered", it's your vehicle unless the dealership grants you a refund. A completed delivery involves going to the dealership, signing all the necessary paperwork, arranging payment either by a cash purchase or financing then driving the vehicle off the dealership's property. It is important to read the contracts you are signing and make certain you have a copy of every document. Never sign until you know all the figures and have a "We Owe" signed by the General Manager for any open or 'promised' items.
Exceptions: California dealerships must offer the customer an option to purchase a "3-day return policy". If the customers signs the waiver instead, then they do not get the ability to return the car. In addition, Carmax does offer a 5-day return policy, however that is not a law, it's a promotion they offer to their customers.
Read your contract. The contract binds the seller and the buyer to the terms provided in the contract.
No. statutory law is law enacted by the legislative body ie parliament/congress, it is basically law that is written down. Common law is law that the judiciary has developed through cases and judgments
online and then fill it out
Intestine is a part of your body. It goes from your stomach to your rectum. that a bolus moves from its orad portion to the aborad portion by the virtue of intestine's peristaltic motion is also referred to as the law of intestine.this was first stated by starling & bayliss.it is generally associated with small intestine.
State what you know, to the best of your personal knowledge and information.
Service contracts that you may buy with a new car provide for the repair of certain parts or problems. These contracts are offered by manufacturers, dealers, or independent companies and may or may not provide coverage beyond the manufacturer's warranty. Remember that a warranty is included in the price of the car while a service contract costs extra.
Before deciding to purchase a service contract, read it carefully and consider these questions:
What's the difference between the coverage under the warranty and the coverage under the service contract?
What repairs are covered?
Is routine maintenance covered?
Who pays for the labor? The parts?
Who performs the repairs? Can repairs be made elsewhere?
How long does the service contract last?
What are the cancellation and refund policies?
Click here for more about used car service contracts.
As an appliance installed I suggest that everybody buy an extended warranty on ice machines. It will definitely pay for itself. As far as other kitchen appliances, it is probably not worth the money.
the validity ensures that no flexibility can be introduced later
A liquidated damages clause
You need to check to see if there is an early termination clause in the contract to determine if it is possible to terminate the contract for a fee. Early termination fees are frequently found in cell phone contracts, gym memberships, leases and other types of long term contracts. If there is no early termination option you may be bound by the terms of the contract and should consult with an attorney about the possibility of getting yourself out of the contract. An attorney may find something in the contract that could be negotiated.
valid contracts are enforceable by law while invalid contracts are not
Read the lease agreement that you signed. It should have an outline for terminating the contract.
Yes, being served could mean, physically by a sheriff or by private processor, posting or hanging, or certified mail.
In general, no. The dealer can not be liable for the buyer's inability or unwillingness to conduct business with a third party.
If you are concerned about being able to secure insurance, then before you purchase the car, you can introduce a conditional clause into your offer stating that the purchase of the vehicle is conditional upon the buyer being able to secure a motor vehicle insurance policy at fair mareket value. You should consider that the dealer may refuse to accept an offer with such a condition attached.
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