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Exclusion clause
6 pages (1500 words)
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...Clauses Number Department Exclusion Clauses An exclusion or exemption clause is a contractual term that limits liability of a party to the agreement on issues which it spells out. This kind of clause in a contractual agreement can be unlawful or lawful depending on the nature of the liability which the party was seeking to exclude himself or herself from (Page, 1994). Exclusion clauses are common in business contracts in which settlements of liability are unreasonable and would otherwise threaten the financial assets. Contracts with exclusion clauses require the offeree to understand the terms and agree to them before appending his or her signature to the contract. Unfair Contract Terms... Exclusion...
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Exclusion clause
7 pages (1750 words)
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...clause could enter into a contractual agreement General overview Contracts are essential documents for all commercial relationship between two or more parties that are willing and ready to go into an agreement with the hope of enjoying some certain levels of relationship as indicated in the contracts. These relationships could be in business, employment, education and other service-related transactions. Normally, there are some exclusion clauses in the contracts that state clearly what the stronger party (in this case, an employer) would not undertake for the weaker party (in this case, an employee) if certain unforeseen problems suddenly happened to the weaker party... . In...
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Theory of Clause
5 pages (1250 words)
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...Clause August 11, . Introduction This paper will analyze the theory of Clause as Representation including discussion of types of process, participant and circumstance and their realizations, and suggest ways in which this aspect of grammar might influence English Language Teaching (ELT) course design. The Nature of the Clause In grammar, a clause is a pair or group of words that consists of a subject and a predicate (Halliday & Mattiessen, 1999). A clause is different from a phrase. Clause could be dependent or independent. Dependent or relative clause is derived from a "basic structure" (Celce-Murcia & Larsen-Freeman, 1999, p.571). Usually, relative clause cannot stand alone... as a...
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Case Study: Noncompete Clause
1 pages (250 words)
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...clause Portier will win the lawsuit on the grounds that Glover violated the non-compete clause stipulated in the business sale contract when he opened a paint shop in a 400 mile radius from his former avionics shop at . The non-compete clause had required Glover as the seller of the business to desist from Hutchins Town International Airport into an aircraft painting business within a 500 mile radius of his former place of business (Powell Municipal Airport) in the next 10 years. The non-compete clause is usually operated to protect the purchaser from stiff competition and loss of trade secrets in the event that the former buyer decides to start another business similar to the one he/she... Non-compete...
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The Commerce Clause
1 pages (250 words)
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...Clause Every in America operates autonomously with their government systems not entirely answerable to the federal government. In several instances, the states have their independent bylaws governing their operations independent of other states. However, the US as a nation has constitutional provisions that regulate socio-economic, political, and legal perspectives of its states. Furthermore, in several instances, states enact laws in line with the national constitution; some of the laws, however, conflict sharply with the provisions of the constitution. Georgia is no difference from other states pursuing conflicting laws to those of the federal government. The state’s statute... The Commerce Clause...
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Contract Law, Exclusion Clause
6 pages (1500 words)
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...Clause in Service Contracts – Whether One party to a contract can restrict their liability by adding negligence by it will be excluded from the future liability – An Analysis Word Count-1539 excluding List of References Introduction “The Supply of Goods and Services Act 1982 (SGSA)” covers all contracts involving the supply of services. S 13 of the Act deal with the benchmark of execution of services, s 14 concerns with the period within which the performance has to be mad and s 15 ,the consideration or price for such services. This Act is applicable to all service contracts either independent or along with the supply of goods. Some of the examples of service contracts are providing... ? Exclusion Clause ...
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Alternative Dispute Resolution( ADR)Clause
2 pages (500 words)
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...CLAUSE Alternative Dispute Resolution Clause Submitted by: XXXXXXXX Number: XXXXXX ofXXXXXXXX Alternative Dispute Resolution (ADR) Clause In case of a problem during the period of the course, the learning team will be responsible to find a solution for the same. In the case where any one of the parties feels that the problem is of an individualistic nature then it will be imperative to start a negotiation among the members of the team. In the case where a dispute is among two members of the team then the duo can resort to mediation. Any issue that arises within a team needs to be sorted either with mediation or using negotiations. In the case... HEAD: ALTERNATIVE DISPUTE RESOLUTION CLAUSE Alternative...
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Retention of Title Clause Contract
6 pages (1500 words)
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...Clause Contract The case presented involves the question of validity of retention of (RoT) clause in a sale contract. It would be useful to examine the legal position of RoT clause before discussing the case. In England Wales, Sale of Goods Act S.19 permits a seller to reserve the right ownership of the goods sold until conditions of sale are fulfilled by the buyer. Thus, a seller with enough bargaining power can impose retention of title clause by virtue of this section and a case law known as Romalpa1. There are categories of RoT clauses. (1) Simple retention of title clause which is the most fundamental one whereby the seller reserves tile to the goods that are delivered... to the...
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News Article related to Liquidated Damage Clause
2 pages (500 words)
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...Clause of the of Liqui d Damage Clause The ‘Liqui d Damage Clause’ refers to a term employed in the contract that determines the amount paid by one of the parties to the other on the event of breach of a contract (Bloomsbury Information Ltd, 2012). The news article relating to this clause mentioned here was provided by Bob Hunt at the Reality Times website. This article explains comprehensively what exactly this clause refers to in contracts. As mentioned in the article this clause sets beforehand, at the instance of development of a contractual agreement the monetary value of any sort of damages paid by one party in case of contract breach. It often includes a reading that the parties... Liqui d Damage...
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Double Jeopardy Clause of the U.S. Constitution
3 pages (750 words)
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...Clause of the U.S. Constitution: The underlying principle behind the framing of the Double Jeopardy Clause is the universal maxim of the common-law of England which is still being referred to in the United States. In the U.S, the common law rule was integrated into the Bill of Rights and hence was given constitutional importance. The Clause in question is included in the Fifth Amendment to the Constitution. The Double Jeopardy Clause of the American Constitution that states “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb ...." has always been a topic of debate and disagreement within the community of lawyers in the country. Many... Double Jeopardy...
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Original need for the Commerce Clause
1 pages (250 words)
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...Clause The Commerce Clause is a power listed in the US constitution describing the powers of the federal government to regulate commerce between the US and foreign countries, among the several States and trade with Indian tribes. The commerce clause draws its meaning and original intend/need from the preceding mercantilist tradition. Johnson (2004) states that the original debates over the adoption of the constitution, termed as ‘regulation of commerce’ was almost purely as a cover of words for particular mercantilist proposals that were related to foreign trade and deep-water shipping. The original concrete programs that were targeted by the clause by giving Congress... Original need for the Commerce...
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Commercial Clause and its Effect on Business
3 pages (500 words)
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...Clause and its Effect on Business Activity The "Commerce Clause" contained in the section 8 of the Article 1 of the U.S Constitution, is one of the most-crucial clauses that influences trade activities. The clause highlights the powers of the congress to control commerce activities with foreign countries, Indian tribes and the relationships among the different states. The clause recognizes other tribes just as stated in the book of Genesis 34:10, "Thus you shall live with us, and the land shall be open before you; live and trade in it and acquire property in it." The Commerce clause is regarded as major legal bedrock in the regulation of commercial activities especially those involving... Commercial...
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ADR Clause for Learning Team Charter Paper
1 pages (250 words)
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...clause indicates that incorporating mediation procedures. This is facilitated because standard clauses can be utilized for negotiation. Melvin (2011)A basic mediation cause is a necessary element to draft an ADR (pg 21). When it comes to larger complex models, supplemental conjunction clauses can be added as well. Melvin (2011)A governing body known as Dispute Resolution Board (DRB). DRB works as a governing body that ensures that it reviews impartial reviews and disputes (pg 21). DRB works in a manner in which DRB procedures may be made a part of documents. References Melvin, S. P. (2011). The legal environment of business: A managerial...
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Early interpretation of the commerce clause
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...Clause The commerce clause raises three major questions that can be satisfactorily answered by having a proper interpretation of the clause. These questions revolve around the meaning of “commerce", “among the several States” and “to regulate.” Interpretation here refers to the method of determining the meaning of the words included in the clause. At the time of its creation, the term commerce was used in the clause to mean trade or exchange of goods. It could also be expansively interpreted as any gainful activity. However, this excluded some gainful activities like manufacturing, agriculture and other methods of production. Barnett (2001) states... that these exclusions were made because...
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The current extended interpretation of the Commerce Clause
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...Clause Interpretations of the Commerce Clause The Commerce Clause raises several interpretive and normative questions. How, for example, is commerce to be defined? What constitutes commerce among the several states? What are the proper functions and powers of the respective state and federal governments under the commerce clause? What weight should original intent, current values or modern conditions of trade have in construing the commerce clause? During the constituting era, the implication of a word in any legal document was postulated to be its ordinary, conventional meaning (Branch, 1753; Natelson & Kopel , 2011). There is little doubt that the conventional... Interpretations of the Commerce Clause...
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Critically Analyse the Interpretation of Umbrella Clause in Investment Treaties
14 pages (3500 words)
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...clause” in investment treaties, taking into account recent investment treaty practice and arbitration decisions 1. Introduction The development and growth of the global economy has opened up avenues of mutual business activity between developed and developing nations. Foreign investments take a much longer time to develop before they achieve peak efficiency and generate regular financial returns. In addition to this, foreign investments are crucial to the economic progress of developing countries, supplying the needed capital, technology, entrepreneurial know-how, and infrastructure to the host country.1 Because foreign investments are so important... ? Critically analyse the interpretation of “umbrella...
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The Federal Government's Power through Application of the Commerce Clause
4 pages (1000 words)
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...Clause Task The United s constitution is the most fundamental law for the people of the United States. The constitution is the piece of legislation that lays down the functions of the government. The constitution sets down the limits and extent of powers while on the other hand it also distributes these powers (Big Tent Democrat, 2011). Introduction The commerce clause is entrenched in the United States Constitution under Article 1; Section 8 Clause 3 of the constitution, which states that the congress among several other powers conferred upon it by the constitution, will have the power to regulate commerce within foreign nations... ? The Federal Governments Power In The Application Of The Commerce...
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The Interpretation of Umbrella Clause in Investment Treaties
16 pages (4000 words) , Download 1
...clause. However, umbrella clause has been widely debated in academic discussions and arbitral practices during the recent years4. Commentators have illustrated the argument in terms of interpretation the umbrella clause in investment treaties that derived from different tribunals in order to know whether breaching contractual obligations amount to violating treaty obligations. Within the context of this argument, tribunals will be able... ?Introduction Since 1945 the growth of international foreign investment has been improved slightly until it reached a peak in the 1990s. This development of international foreign investment was tied with a number of bilateral investment treaties (BITs), which grew from...
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Equal Liberty and the Establishment clause, then and now
10 pages (2500 words)
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...clause and the wall of separation have been milestones in the establishment of a secular rule of law that allows individuals to freely exercise their ideological rights. The supreme court indicated that pursuant to its interpretation of the establishment clause that we would have a neutral government. In this paper I will discuss the origins of the establishment clause, the theoretical framework that justifies it, and finally I discuss some hot button social issues that involve the establishment clause and their implications in terms of equal liberty. The establishment clause has generally been interpreted through judicial ruling to do two primary things. First, to prevent... ? The establishment clause...
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Equal Liberty And The Establishment Clause, Then And Now
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...clause and the wall of separation have been milestones in the establishment of a secular rule of law that allows individuals to freely exercise their ideological rights. The Supreme Court indicated that pursuant to its interpretation of the Establishment clause that we would have a neutral government. In this paper I will discuss the origins of the Establishment clause, the theoretical framework that justifies it, finally, I will discuss some hot button social issues that involve the Establishment clause. II. Origins of the Clause A. The Establishment clause has generally been interpreted to prohibit 1) the establishment of a national religion by Congress, or 2... ?I. Introduction: The Establishment...
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Commerce Clause WIckard v. Filburn and Affordable Care Act
10 pages (2500 words)
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...Clause Wickard Filburn and Affordable Care Act Introduction We do not need another book for the constitutional revolution of the 1930s. The history of that happening has been invested a couple of times from different perspectives, and there is so much that is universally agreed that it is unlikely that new things and ideas will emerge. Fortunately, it seems that the least we can expect for some minimal disparity on the following reasons: After the elapse of approximately sixty years of constitutional reading so as to defend private belongings, the market economy and the regime, the ultimate court suddenly altered its decision in 1937, neglecting guide and giving the central government... Task Commerce...
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Where in the U.S. Constitution is the Necessary and Proper Clause found What authority stems from the clause Include proper in-text citations in APA format to support your answer
1 pages (250 words)
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...Clause- US Constitution Necessary and Proper Clause- US Constitution The necessary and proper clause is also known as the Elastic Clause or the Coefficient Clause. It is a provision of the United States constitution in Article one (1), section eight (8), clause eighteen (18). It is termed elastic due to its openness to various interpretations. The interpretation of this clause was controversial especially in the younger years of the American Nation. Some had the argument that this clause expanded the powers of the Congress while others argued that it contracted the powers (Hames & Ekern, 2005). The term “necessary and proper” was brought up in the year 1926 by Louis Brandeis... Necessary and Proper...
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The conduct of the DEA was an unconstitutional exercise of Congress' Commerce Clause authority
2 pages (500 words)
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...Clause and that he was using the marijuana for a medical necessity. The issue is whether the conduct of the DEA was an unconstitutional exercise of Congress' Commerce Clause authority. Article 1, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states... On or about December 26, 2007 Mark Jones was arrested in his home. Results of the search and seizure yielded home grown marijuana which is legal under Florida law, but illegal under federal law. On that day, agents from the federal Drug Enforcement Administration (DEA) entered the Jones residence, confiscated the marijuana, and arrested Mr. Jones. Mr. Jones claims that the DEA's action violated the Commerce Clause...
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Was the Commerce Clause portion of National Federation of Independent Business v. Sebelius correctly decided
6 pages (1500 words)
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...clause in other words, wants individuals who do not have insurance covers from their employers or from the government to seek insurance covers from private insurance companies. This idea was not taken positively by some American citizens. This was due to a perception that the act gave... Patient protection and affordable care act “ The patient protection and affordable care act” was enacted by the American congress in order to ensure that Americans have health insurance covers in a bid to reduce health care costs for the citizens. It had several provisions that included the individual mandate which required majority of American citizens to at least have health insurance covers (Paul et. Al, 1). This...
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Piracy and different aspect of piracy clause in the Charter Party contract
3 pages (750 words)
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...Clauses in the Charter Party I. Introduction History tells that Julius Ceasar was once abducted by sea felons and held prisoner for a couple of days. Until his family paid a hefty sum of gold and money to these pirates, then he was released. But this was in 75BC. At present, maritime piracy even gets worse and does not only include robbery and ransom but may also entail rape, mutilation and murder to the seafarers and passengers. Such is the horrible danger lurking at the sea. The International Maritime Bureau (IMB) reported a 50% increase of piracy acts during the first quarter of 2009 as compared with the statistics in 2008 (IMB, 2009). Reported cases... , hostage-taking, kidnap-for-ransom,...
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The Tai Yang Syndrome and The Tao He Cheng Qi Tang of Clause
10 pages (2500 words)
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...Clause 106 Table of Contents Introduction3 The six Channels..4 Tai Yang: The Greater Yang Syndrome4 Signs and Symptoms...6 Treatment...7 Clause 106.7 Tao He Cheng Qi Tang -Decoction Semen Persicae Chengqi8 Drug Study.9 Conclusion...12 Table 14 Table 29 Introduction Zhang Zhong Jin wrote the traditional medicine classic "Shang Han Lun" in the late Han dynasty, circa 20-200 A.D., wherein the differentiation of syndromes according to the 6 channels appeared (TCM Diagnosis, 2007). "Shang Han Lun," which means "On Cold Damage" has been a widely used treatment theory and practice source for almost two... Running head: SHANG HAN LUN Shang Han Lun: The Tai Yang Syndrome and The Tao He Cheng Qi Tang of...
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Employer of a court ruling that a clause or a contract is a sham
12 pages (3000 words)
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...clauses in employment contracts in order to escape various obligations that arise in typical employment scenarios. Specifically, the self-preservation clauses in such contracts may be introduced to blur the mutuality of obligations and personal service. Generally, a clause that clearly denies any or two of the conditions required in a typical employment contract would, as a matter of principle, cushion the employer from costly but legitimate employee rights such as claims for unfair termination of the contract and or the benefits that come under such engagement. Sham employment Contracts... Sham employment Contracts Number Department Introduction Employers have developed a tendency to sneak unfair...
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Is Eminent Domain as Practiced Today a Violation of the Takings Clause of the Fifth Amendment of the US Constitution
4 pages (1000 words)
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...Clause of the Fifth Amendmentof the US Constitution? Introduction According to Epstein (12), eminent domain refers to the government entity’s right to seize property that is privately owned with the purpose of constructing public facilities. It also refers to the inherent state power to seize private property of a citizen or seize his/her property rights and converts it into state property, without the consent of the owner, for public use. However, the power of eminent domain is subject to specific constitutional limits. It has commonly been argued that eminent domain is a violation of the taking clause of the fifth amendment of the US... Is Eminent Domain as Practiced Today a Violation of the Takings...
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Did the new law forwarded by State of Florida violated the Equal Protection Clause of US Constitution
6 pages (1500 words)
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...Clause of US Constitution. Rules:-> Is Mr. Herman Sexist is justifiable in claiming that Astrict scrutiny @ test is being violated in the new statute. -> Is the statute valid under the Arational basics @ test as claimed by Florida Women for Special Rights. -> The case to be viewed from two opposite angles. Analysis: According to the Equal Protection Clause “no state shall deny to any person within its jurisdiction the equal protection of the laws” In the broadest view, the Equal Protection Clause is part of the United States... Question Issue: Did the new law forwarded by of Florida violated the Equal Protection Clause of US...
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Advise Goldcorp Ltd as to their prospects of successfully relying on their retention of title clause to recover the goods noted above and proceeds of sale
6 pages (1500 words)
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...clause to recover the goods d above and proceeds of sale In a world of huge and expanding businesses, everyone utilizes his right to protect his business and property. The Retention of Title (RoT) is one of such clauses in a business agreement that enable a seller of goods to protect his monitory and property interests; in case the goods purchasing company suffers bankruptcy. The RoT clause is an agreement that allows the seller of goods to hold ownership/retain title, of the goods until the occurrence of a specified/agreed event; that event being either the payment of supplied goods, or payment of all... Advise Goldcorp Ltd. as to their prospects of successfully relying on their Retention of (RoT)...
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Critically analyse whether the scope of application of the Most-Favoured-Nation (MFN) treatment clause in investment treaties covers jurisdictional or procedural matters, taking into account the recent arbitration cases
12 pages (3000 words)
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...Clause in Investment Treaties I. Introduction The Most-Favoured-Nation (MFN) clause indicates that thepreferences conferred to a foreign investor must also be conferred to all other foreign investors. This signifies that a foreign investor be conferred the highest standard of treatment obtainable from any foreign country (Fietta 2005). The MFN clauses connect investment accords by making sure that the parties to a treaty confer treatment favorably no less than the treatment they confer under other treaties in matters embraced by the clause. Thus, MFN clauses have become an essential tool for economic liberalization in the matter of investment.1 Further... The Extent of Application of the MFN Treatment...
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Explain the role of the Fourteenth Amendment's due process clause regarding confessions
2 pages (500 words)
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...Role of the Fourth Amendment al Affiliation) The Fourth Amendment to the American constitution safeguards persons, paper,houses, and effects from unreasonable seizures and searches. It is essential to define these terminologies since it will facilitate the easy understanding of the role of the fourth amendment. A person refers to the physical aspect of a person, both internally and externally. In the past, the Fourth amendment only applied to the searches and seizures of tangible items. It never applied in oral communications but currently it has been incorporated. Therefore, the term person not only refers to the internal and external aspects of an individual but also their oral... of the Fourth...
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Business Law
2 pages (500 words)
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...clause’ is a term usually employed to constrain the breaching liability to anything lesser than what could be recoverable otherwise (Huebsch, 2012). The news article regarding this clause was obtained from the Camillerie and Clarke associates. This article entails all the information regarding the ‘limitation of liability (LOL) clause’ in the construction related agreements. In a contractual agreement this clause limits the liability of the other party to a certain proportion of the fees or a well defined amount in cash. The article discusses that a number of court cases have been preserved the legal status of this clause. One such case... Business Law of the of Business Law ‘Limitation of liability...
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Unit 2 LS311 Torts and Cyber Torts-CASE STUDY
1 pages (250 words)
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...clauses The position of the courts on arbitration clauses provide that if the dispute falls inside the scope of the contract the arbitration clause binds the parties. When the arbitration clause provides for arbitration on the dispute between the two parties, the clause binds them, and they must arbitrate. In the determination, of whether the dispute covered with the clause the courts inquire on whether they have to look into the contract to find the rights of the parties (Kline & Kinsley 1999). Where the rights of the parties stem from the contract then the arbitration clause is binding, and parties must arbitrate in such instances. The position held in the NCR Corp v Korala associates... Arbitration...
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Problem solving
1 pages (250 words)
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...clause contravenes a very strong public policy. Therefore, making a ruling based on the stare decisis implies that the case the court will dismiss the suit. The stare decisis doctrine provides that the new case determinations should have reference to precedent decisions (Miller and Gaylord 6). Under the stare decisis doctrine, whenever a court decides to adhere to its principles, then it follows that the court has to make a ruling based on those principles that the doctrine subscribes to. Therefore, the relevant binding authorities will lead... to the dismissal of the case under the doctrine. Part 1-7: The Dormant Commerce Clause The dormant commerce clause...
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BASIC CONSTITUTIONAL CONCEPTS and Brief a case
2 pages (500 words)
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...Clause: It’s a constitutional provision declaring national law to be supreme across the United States.  Preemption Doctrine: a foreign policy whereby more powerful nations can invade other foreign nations is they felt they were being threatened. Commerce Clause: An enumerated power given in the Constitution which grants Congress authority to regulate interstate commerce.  Bill of Rights: he first ten amendments to the US Constitution, ratified in 1791 which guarantees rights as the freedoms of speech, assembly, and worship to citizens. Establishment Clause: The clause in the First... Please prepare definitions of the identified "Basic Constitutional Concepts"?  The Preamble: an introductory ment that...
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Week 2 group assignment
2 pages (500 words)
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...clause, when the new one did. According to the arbitration method, this clause can be effective and implemented when both the parties are in favor of this procedure and are ready to settle any dispute with the aid of arbitration. However, the one reason that comes up on the surface is that Commercial Properties (CP) did not see the need to have an arbitration clause in their first lease. This might be because they knew that there current... The Legal Environment of Business – Theory to Practice The Legal Environment of Business Q2. After going through the case study and the arbitration method of settling disputes the first part of the question that why the first lease did not contained an arbitration clau...
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Government Contract/ Acquisitions / Procurement FAR and Contract Termination
1 pages (250 words)
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...clauses contained in the Federal government contracts. Termination for default contained in clause 49.4 applies especially to supply contracts. The FAR clause 49.401 gives the government the right to terminate a contract partially or completely in situations where the contractor has failed to perform a service or deliver supplies on time, make progress or perform any other provisions stated in the contract. In addition, this clause requires that, the contractor bears all the costs incurred up to time of termination and thus, does not hold the government liable. Either... Government Contract or Acquisitions “Termination of Government Contracts” Termination for default and convenience are standard clauses...
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Federalism and the Exercise of National Power
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...clause of US constitution The federal governments do not have the right to ban marijuana under Commerce Clause in US constitution. In the case of the woman, it was wrong for the federal state to take marijuana under Commerce Clause since it was not an interstate commerce. Local cultivation and consumption of marijuana is not a trade as provided by in the US constitution (Pierre, 2011). The cultivation of marijuana in one state is different from interstate commerce, which Commerce Clause directs. Commerce clause only deals with regulating buying and selling of goods and services among... Federalism and the Exercise of National Power Federal government and the right to ban marijuana under the commerce...
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Contract Law
6 pages (1500 words)
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...clause is a ment that attempts to limit or exclude the liability of a party. It provides that a party will not be liable is some circumstances of the other party they tend to limit or defeat liability. Hirobe (2001, p. 64) argues that a valid exclusion clause should be incorporated into the contract or agreement and the wording should be clear and cover the liability intended. The party intending to rely on the clause should show its incorporation into the agreement. It becomes sufficient incorporation if the other party knows the existence of the clause Wishart (2005, p. 78). The exclusion should also conform to the relevant statutes that are the Unfair... ? Contract Law Introduction An exclusion clause ...
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HY 1110-08F-2, AMERICAN HISTORY I (HY1110-08F-2)
1 pages (250 words)
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...Clause in found in Article One of the United s Constitution. In essence, it says that the federal government has the inherent right and authority to do anything needed to accomplish its duties as outlined by the Constitution. Controversy seemed to surround this clause from the earliest days of our republic (Barnett, 2003). Alexander Hamilton argued that this clause would be very important for the Federal government to use so it could function properly. He argued that many responsibilities and powers were given to the federal government in the Constitution were not presented in a detailed manner. If the federal government was only going to do things specifically outlined... The Necessary and Proper...
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International Arbitration Law
18 pages (4500 words) , Download 3
...Clause Arbitration aims to provide an alternative method to the traditional civil court settlement to resolve a dispute based on law, fact or both. In order to provide a binding decision for the resolution of the dispute and to ensure that the parties to the case accept the arbitral award, it is necessary that the agreement signed between the parties should be an arbitration agreement. Accordingly, an agreement is considered an arbitration agreement when it constitute an arbitration clause or has provided arbitration as the ultimate method of dispute resolution1. Arbitration does not arise automatically as a possible method for resolving... ?Section A (A Legal Advice on the Content of Arbitration Clause...
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Critically evaluate the Court of Appeal decision in Regus (UK) Ltd v Epcot Solutions Ltd [2008] EWCA Civ 361 with particular reference to the issue of reasonableness under S11 UCTA 1977 in a commercial contract
3 pages (750 words)
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...clauses are observed strictly. As such, cases resulting from challenging the reasonableness of the clause will be cut down as provided for in S11 UCTA 1997. Regus (UK) Ltd, a service providing company, provided accommodation to Epcot Solutions limited a company that specializes in Information Technology training. With the terms and conditions of service being directed by Regus, Epcot Solutions Ltd expected to be given the best service as the contract form outlined the same... Commercial Law Introduction The decision that was made by the court of appeal on the case of Regus (UK) Ltd v Epcot Solutions Ltd (2008) ECA Civ 361 emphasized on the need for suppliers to be vigilante in ensuring that exclusion...
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Commercial Law
3 pages (750 words)
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...clauses are observed strictly. As such, cases resulting from challenging the reasonableness of the clause will be cut down as provided for in S11 UCTA 1997. Regus (UK) Ltd, a service providing company, provided accommodation to Epcot Solutions limited a company that specializes in Information Technology training. With the terms and conditions of service being directed by Regus, Epcot Solutions Ltd expected to be given the best service as the contract form outlined the same... Commercial Law Introduction The decision that was made by the court of appeal on the case of Regus (UK) Ltd v Epcot Solutions Ltd (2008) ECA Civ 361 emphasized on the need for suppliers to be vigilante in ensuring that exclusion cla...
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Introduction to Business Law Bachelor Essay
2 pages (500 words)
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...clause which has had considerable attention paid to it for many years. To some it is honest protection in times of financial strain. To others it's just a legal excuse that some hide in behind instead of standing up and trying to make a change in their life and admit their financial blunders. This paper will investigate both legal venues and allow the reader to interpret their own opinion through he compiled research. INTRODUCTION TO BUSINESS LAW To begin this research correctly, a proper definition of a "homestead... Running Head: Introduction to Business Law Introduction to Business Law Goes Here al Affiliation Goes Here This research paper will theorize on the Texas Homestead exemption...
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Analysis of complex sentences of wals info French features 122, 123, 124, 125,126,127,128
5 pages (1250 words)
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...clause by using an initial pronominal element clause which is case-marked, predominantly by an adposition or by case, to designate the function of the head noun in the comparative clause. Le garçon qui a volé le pistolet était un Africain (The boy who stole the gun... Analysis of complex sentences of wals info French features 122, 123, 124, 125,126,127 and128 Relativization on Subjects Relativization is simply the act of making relative or regarding as relative instead of absolute. Languages use divergent strategies in encoding the relative construction (Dryer et al. 122). French uses relative pronoun to relativize the subjects. Apparently, the position relativized is indicated inside the relative claus...
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Business Law dis #4
1 pages (250 words)
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...clause and if this is enforced, another question that arises is whether this will go against Albert’s freedom. In this case, Guyan has a genuine concern that Albert might reveal some of the company’s secrets to its competitors as seen in the case of King v. Head Start Family Hair Salons, Inc. Guyan may also have concerns Albert may attract some customers to Polydeck Corp as seen in the case of Davis V. Mason. However, this clause will impose an UNDUE HARDSHIP upon Albert because Polydeck Corp only constitutes one percent of Guyan and therefore... Business Law discussion 4 Question 3 page 315 In the case Guyan Machinery and Albert Voorhees, the issue is if Guyan is entitle to enforce the non-compete...
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Teaching Relative Clauses to ESL Learners
16 pages (4000 words)
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...Clauses to ESL Learners Introduction The complex structure of the relative clause has raised its importance nor only for the English second language learners, but also for the educators of the language. The pattern of the English language is determined at different levels on the basis of language or grammar rules and other factors. However, despite the existence of the different pattern of English language, it becomes essential to interpret the linguistic grammatical pattern. The linguistic aspect not only identifies the complex pattern of the language, but also the use of words. The importance of relative clause among the English learners is due its link with grammar... and the syntax...
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Introduction to Business Law Essay
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...clause specifically stating that the seller would provide up to $500.00 for any necessary repairs, after inspection, at the closing of the deal. Now the buyers have had the house inspected and the inspector has informed them of two needed repairs. Due to the clause in the contract the seller is obligated to pay up to $500.00 in these repairs but no more than that. So in regards to the buyers possibly expecting more, legally that would be a breach of contract so they can only expect to receive the amount the clause states for the repairs. Any expenses above that and they are required... Running head: INTRODUCTION TO BUSINESS LAW Introduction to Business Law Goes Here al Affiliation Goes Here The...
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LS311 Unit 6: Contracts: Completed - CASE ANANLYSIS
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...clause. Jurisdiction of the Arbitration section In Rent-a-center verses Jackson No. 09–497 (6/21/2010), United States Supreme Court settled that, when an agreement defined in Federal Arbitration Act (FAA) includes an agreement, in which the arbitrator determines the jurisdiction of the accord, then such agreement becomes enforceable if the party to the case disagrees with the jurisdiction of that agreement (Born, 2006). On the other hand, when the party to the contract disagrees with the jurisdiction... LS311 Unit 6: Contracts The legal case that DeFontes v. Dell raises falls under contract formation, as well the defense and jurisdiction to decide whether the arbitration contains an enforceable...
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