The trial judge correctly applied the principles applicable to the interpretation of contracts in general and to
oral contracts in particular.
Not exact matches
An up front agreement is a formal or informal
oral contract that you and your prospect both agree
in which you both agree to give each other a clear decision - yes or no - whether you want to take the next step
in the sales process.
Oral contracts (also know as open - ended accounts or
contracts not
in writing) are just what they sound like.
In newborns,
oral thrush can be
contracted at birth.
No
oral or written information given by us or on our behalf shall create a warranty or collateral
contract, or
in any way increase the scope of our liability, and you may not rely on any such information.
«Our H. actiniformis used a pulsed inflation to expel Symbiodinium over time (seen as greenish plumes
in the video)-- inflating their bodies to as much as 340 per cent of their normal size before suddenly and violently
contracting and ejecting Symbiodinium through their
oral openings over the four to to eight day duration of the experiments» Dr. Nothdurft said.
Do not rely on
oral promises that do not appear
in your
contract.
For all debts
in California, the statute of limitations is four years except those made with
oral contracts.
Personal umbrella insurance typically won't protect you from any liability that arises
in connection with an
oral or written
contract you've entered.
Puppies are selected by date of
contract and / or deposit, all the puppies which are for sale go
in order of date the
contract was entered into either by
oral or signed
contract.
They are
contracted by fecal -
oral transmission, and are particularly disposed to inhabiting the intestines of puppies from puppy mills and pet shops, as the close - quarter confinement of animals
in these conditions make it easy for them to spread.
[1] The conversation that constitutes a Tino Sehgal sale consists of his talking to the buyer (usually a representative from a museum) before a notary and witnesses, generally with about five legal stipulations of the purchase: that the work be installed only by someone whom Sehgal himself has authorized via training and prior collaboration; that the people enacting the piece be paid an agreed - upon minimum; that the work be shown over a minimum period of six weeks (
in order to avoid allegations of ephemerality); that the piece not be photographed; and that if the buyer resells the concept, he does so with this same
oral contract.
Greek sculptor Jannis Kounellis has filed a lawsuit
in Los Angeles accusing dealer Douglas J. Chrismas of breaching an
oral contract to split profits on Kounellis's work fifty - fifty and refusing to return pieces that did not sell, reports the Los Angeles Times» Jessica Garrison.
«Our H. actiniformis used a pulsed inflation to expel Symbiodinium over time (seen as greenish plumes
in the video)-- inflating their bodies to as much as 340 per cent of their normal size before suddenly and violently
contracting and ejecting Symbiodinium through their
oral openings over the four to to eight day duration of the experiments» Dr. Nothdurft said.
However, it is advisable that a tenant should ensure that a tenancy agreement is put
in writing because written
contracts are easier to prove and enforce than
oral contracts.
In France, any retention of title clause must be in writing — this is contrary to the general rule that oral commercial contracts can be vali
In France, any retention of title clause must be
in writing — this is contrary to the general rule that oral commercial contracts can be vali
in writing — this is contrary to the general rule that
oral commercial
contracts can be valid.
Even if barterers don't put it
in writing,
oral contracts are enforceable provided that the terms of the deal specify that the transaction is to be completed within a single year.
The
contract between the insured and the agent or broker does not have to be
in writing and can be
oral, such as when the agent or broker makes an express statement that they will procure coverage.
Prepared an Expert Opinion on the transfer of risk
in a delivered
contract and gave
oral evidence before a civil jury
in Houston Texas on a claim for damages caused by the loss of a multi-million dollar electrical generator entering the port of Houston.
Oral contracts are just as enforceable
in many cases as written agreements.
Disinherited.com applauds this decision
in estate law as the law of
contracts re the Parol evidence rule can lead to misjustice if
oral evidence is not admissible.
The Supreme Court adopted the Court of Appeal's description of the position under standard
contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are
in writing and there are no
oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the
contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the
contract.
Although an
oral or verbal employment agreement is valid
in law, there are many benefits to a written employment
contract and...
Although an
oral or verbal employment agreement is valid
in law, there are many benefits to a written employment
contract and we always recommend that a written employment
contract be entered into to protect the employer.
Every employment
contract, whether written or
oral, has an implied term stating that the employee has a right to work
in a workplace free from bullying.
Once an employment
contract has been agreed upon by both the employer and the employee
in a written, implied, or
oral form, both parties must comply with the terms of the
contract.
The Court of Appeal's decision reconfirms that
in order for an
oral promise to constitute an express term of the employment
contract, the term must be sufficiently certain, based on what the parties have objectively communicated.
However, it also offers a caution to employers against making
oral promises at the time of hiring that are not contained
in the employment
contract.
Conducted witness preparation for depositions and trial and conducted general trial preparation
in connection with lawsuit involving dispute over purchase of mineral interests; plaintiffs purported to seek relief against named defendant under theories of breach of
oral contract to purchase mineral interest lease, estoppel, reliance, and fraud.
In plaintiff's suit to recover for breach of an
oral contract to divide profits from a joint venture to buy real estate and sell or rent it, a Virginia Beach Circuit Court says plaintiff's claims are not entirely barred by...
The Code protects individuals from discrimination
in contract, whether
oral, written or otherwise.
Contracts can be
oral in many circumstances but I tell all of my clients, if it's not
in writing, good luck proving it except through course of dealing.
(a) The word «old» was used
in the discussion leading to the
oral contract of sale.
The majority decision
in Brikom was that there was an
oral collateral
contract between the landlord and original tenants that the tenants could rely on to avoid paying the cost of the repairs.
It is possible to change the terms of a
contract, but especially with an
oral change there would be a substantial challenge
in establishing that they had changed the terms of the
contract (which is to say, there is no way that a CS rep has the authority to rewrite the
contract).
Organizational strengths include the following: Federal Acquisition Regulations (FAR)
Contract Administration Staff Training & Supervision Defense Federal Acquisition Regulations (DFARS)
Oral & Written Communications Financial Analysis International Traffic
in Arms Re...
Establish a long term positive and enjoyable working relationship with an established and progressive land development / homebuilding company seeking a motivated individual who possesses a strong work ethic, integrity, impressive written and
oral skills, the ability to think quickly and strategically, encourages team building and the sharing of ideas, a manager who is task and goal oriented, skilled
in contract negotiations a...
One caution is that while you may ethically present
oral offers, the statute of frauds
in many states requires that
contracts for the sale of an interest
in land must be
in writing to be enforceable.
Unless the cooperating broker establishes the terms of compensation
in either an
oral or written
contract with the listing broker, the broker has no obligation to compensate the selling broker.
In Bartsas Realty, Inc. v. Nash, the Supreme Court of Nevada reviewed the dismissal of a broker's claims against a property seller for: (1) tortious interference with
contract; (2) breach of
oral agreement; and (3) fraud.
Among other provisions, the Statute provides that every
contract which transfers an interest
in real property must be
in writing, and also requires that the description of the property must be sufficient so that
oral testimony is not required to locate the property.
Utah's highest court has considered whether a real estate professional could be liable
in tort for statements which were unenforceable
oral modifications to a real estate
contract.
SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their
oral agreement raised triable issues of fact precluding summary judgment
in favor of either party; no cause of action exists
in quantum meruit, unjust enrichment and account stated where there is an express
contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with
contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.
Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an
oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of
contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property
in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of
contract