Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
A merger is subject to antitrust law, while a consolidation is not.
Despite consumer protection legislation, for most consumers pursing their rights in
court is not cost beneficial.
In a merger or consolidation, the surviving corporation generally succeeds to all the
rights and property of the predecessor.
The powers given by the federal government to the states are described as delegated
powers.
Ratification consists of any words or conduct of a former minor manifesting an intent to
be bound by the terms of a contract made while a minor.
A party to an existing contract can modify the agreement without the other party€s
actual acceptance or approval.
Janet Durham orally agreed to purchase certain computer hardware priced at $10,000
from Ted Stallings. The sale of the hardware also included a one-time setup service visit
priced at $100. The total contract price amounted to $10,100. The computer hardware
was delivered and set up, and Durham paid $10,100. Afterwards, Durham discovered
that she could obtain the same goods and services from another seller for a total
contract price of $9,100. She now seeks rescission of the contract, based on the fact that
more than $500 in goods were involved in the sales transaction, that the contract
between her and Stallings was subject to the statute of frauds as a result, and that the
oral agreement between them was therefore unenforceable. Durham wants to return the
computer hardware to Stallings, and receive reimbursement of $10,000 (She is willing
to waive her claim to reimbursement for the $100 setup service visit.) Evaluate
Durham's legal position in this matter.
An insurer's bad faith refusal to pay a claim generally is considered to be any frivolous
or unfounded refusal to comply with the demand of a policyholder to pay according to
the policy.
