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Exclusion clause
6 pages (1500 words)
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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… Exclusion clauses are guided by statutory provision and case law (Barker, 2007). In English Law, Simon (1981) noted the Unfair Contract Terms Act 1977 (UCTA) seeks to regulate exclusion clauses in contracts by limiting…
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Exclusion clause
7 pages (1750 words)
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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.… In recent years, it…
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Theory of Clause
5 pages (1250 words)
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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. … Usually, relative clause cannot stand alone as a sentence. In contrast to dependent…
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Case Study: Noncompete Clause
1 pages (250 words)
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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… petition and loss of trade secrets in the event that the former buyer decides to…
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Contract Law, Exclusion Clause
6 pages (1500 words)
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Exclusion 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.… Some of the…
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The Commerce Clause
1 pages (250 words)
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In several instances, the states have their independent bylaws governing their operations independent of other states. However, the US as a nation has… The state’s statute establishes that all trucks and trailers that are entering and operating within the state’s soil and roads must have contoured rear-fender mudguards and explicitly illegalizes trucks and…
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Alternative Dispute Resolution( ADR)Clause
2 pages (500 words)
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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… All attempts will need to be made before approaching the professor to act as an arbiter for the case. However once the professor is involved in the case, there can be no contesting the decision and the…
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Retention of Title Clause Contract
6 pages (1500 words)
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It has been discussed above that the simple retention clause is valid only when goods are identifiable without being converted into a new form. It has been further clarified that such conversion is valid if seller’s goods have not lost their identity and could be detached without damage to the goods.… The case presented involves the question of validity of…
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News Article related to Liquidated Damage Clause
2 pages (500 words)
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The ‘Liquidated 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… It often includes a reading that the parties involved in the contract are agreeing…
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Double Jeopardy Clause of the U.S. Constitution
3 pages (750 words)
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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… Many instances of confusion had risen from the interpretation of the words “same…
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Original need for the Commerce Clause
1 pages (250 words)
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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… The original concrete programs that were targeted by the clause by giving Congress the…
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ADR Clause for Learning Team Charter Paper
1 pages (250 words)
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In order for ADR to be accomplished, the dispute section must be agreed by both parties. Melvin (2011)This is the first provision… Designing the ADR 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…
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Early interpretation of the commerce clause
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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.” … The commerce clause raises three major questions that can be satisfactorily answered by having a proper interpretation of…
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The current extended interpretation of the Commerce Clause
1 pages (250 words)
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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… There is little doubt that the conventional and accepted common meaning of commerce both in common discourse as well as in legal language, was mercantile…
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Critically Analyse the Interpretation of Umbrella Clause in Investment Treaties
14 pages (3500 words)
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Critically analyse the interpretation of “umbrella 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.… investor in a host state.3 One such…
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The Federal Government's Power through Application of the Commerce Clause
4 pages (1000 words)
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The Federal Governments Power In The Application Of The Commerce Clause Name Instructor Task Date Abstract The United States 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 however, does not provide an outright…
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The Interpretation of Umbrella Clause in Investment Treaties
16 pages (4000 words) , Download 1
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 500 in 1999 to 2000 in the year 2000.1 In addition, some multilateral investment treaties (MITs) were created in order to introduce flow to the international economy, such as the Energy Charter Treaty (ECT) in 1994 and the North American Free Trade Agreement (NAFTA) in 1994.2 It seems clear that the purpose of investment treaties is to address the typical risks of a long-term investment, for example, commercial risks and politic…
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Equal Liberty and the Establishment clause, then and now
10 pages (2500 words)
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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.…
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Equal Liberty And The Establishment Clause, Then And Now
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I. Introduction: The Establishment 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.… government of one…
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Commerce Clause WIckard v. Filburn and Affordable Care Act
10 pages (2500 words)
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Name Instructor Task Date Commerce 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.…
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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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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.… (Rule) The term…
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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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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.… It became the only option available and was inherently acknowledged by the courts. This clause gives the American Congress the power “to make all laws which shall be necessary…
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Piracy and different aspect of piracy clause in the Charter Party contract
3 pages (750 words)
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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… Reported cases of these terroristic activities run across the globe. From the shores of Africa and South Asia to the waters of North and Latin Americas, piracy remains one of the critical…
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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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“ 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… This was due to a perception that the act gave individuals who did not acquire health…
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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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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 millenia (Redwing Book Co., 2007b). …
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