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Legal
The facts of the case are as follows. Fran owns a candy store, and Ed is a friend of hers. Normally, Ed would enter the store almost daily and buy one or two candy bars. On the day in question, he took the candy bar without purchasing it. Ed waved the candy at Fran, but did not say a word and did not produce payment for the candy bar before walking out.
The issue at hand is whether Ed owes Fran money for the bar. He did not pay for the bar, and therefore it can be questioned whether Ed and Fran had some sort of implied agreement either for Ed to receive the bar for free, or for Ed to make payment to Fran at a later date. In an implied contract, it is the conduct of the parties, rather than their words, that defines the terms of the implied contract.
There are three rules for the establishment of an implied contract. The first is whether...
This is the consideration part of the contract. In this case, the item in question is the candy bar. The plaintiff did not explicitly furnish the candy bar, but rather had the candy bar on display for sale in her store. The second rule for the establishment of an implied contract is whether or not the plaintiff expected to be paid for that property (the candy bar), and whether the defendant should have known that payment was expected. Given the history of the events between Ed and Fran, it is reasonable that Fran would have expected payment. Ed had always paid before. In addition, Fran did not offer the bar to Ed; Ed simply took it. The bar was on display, offered by Fran for sale to anybody who wanted to purchase it. Ed would have been aware of this, and he would have been aware that he normally paid for his candy…
Issues Presented or Questions of Law: 1) Did the SBL agreement constitute the contract between the parties? 2) Was Plaintiffs' case barred by the parole evidence rule? 3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' case? Holding / Rule of Law: 1) The SBL agreement did not constitute the contract between the parties. The contracts were formed when Plaintiffs accepted Defendants offer and tendered their consideration. Therefore, the SBL agreement and addendum
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Under the provisions, a whistle blower is any employee or exterior auditor. Under the law, the whistle blower must first report the information to a superior officer. Here, the information was initially reported to the head of department, but was ignored. The law then enables whistle blowers to release unclassified information to the press to draw attention to the issue. This step was followed. When proper protocol is followed, the DoD
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Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this