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Litigation, The Courtroom & The Trial System
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Papers On Litigation, The Courtroom & The Trial System
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Commercial Law Questions
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This 20 page law paper, based on English law, is written in three parts, answering three separate questions on contract law, agency and insolvency law. The first question looks at liability and the extent of liability under contract law where a product supplied causes damage to a customers property. The damage is the result of a faulty ingredient supplied by a wholesaler to the supplier. The second questions considers the rights of agents when an agency is terminated under the Commercial Agents (Council Directive) Regulations 1993 and under common law. The third question consider how a supplier can ensure they receive payment form a customer if they are concerned the customer may default. The bibliography cites 21 sources.
Filename: TElawqcon.rtf
Paper Title: Commercial Law Questions

Commonwealth vs. Tracy L. Prashaw
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This 3 page paper provides the facts of this case and a look at the reasoning for the judge's decision. The case involves evidence rules. Bibliography lists 2 sources.
Filename: SA430TLP.rtf
Paper Title: Commonwealth vs. Tracy L. Prashaw

Constructive Eviction in the State of New York -- Incidental and Consequential Damages
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This 3 page report discusses the meaning of “constructive eviction” in the State of New York and the circumstances under which incidental or consequential damages may be available. In the most simplistic of explanations: “Constructive eviction occurs when residential rental property is an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live [or work] in.” Bibliography lists 6 sources.
Filename: BWevict.wps
Paper Title: Constructive Eviction in the State of New York -- Incidental and Consequential Damages

Contingent-Fee Arrangement Versus "Loser Pays"
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5 pages in length. The American public cannot watch late-night television without being overwhelmed with a barrage of legal counsel commercials advertising their contingent-fee agreement; for a large chunk of the plaintiff's settlement - anywhere from twenty-five to fifty percent - the company will represent that individual for no upfront costs. While logic says an attorney would never take a case on contingency unless he or she knew the odds were very much in the plaintiff's favor to emerge with a victorious ruling, this is not always foolproof for the legal counsel when they realize - after investing considerable time and money out of their own pockets - that the case is far from solid. By contrast, a system whereby the loser covers all costs from both sides can either benefit or damage the defendant if the plaintiff has a better attorney and earns the decision in a case whereby the defendant was not guilty of any wrongdoing. Indeed, the prevalence of people being ruled against simply because the opposing side was more effective with identifying loopholes in the system illustrates how there are still some aspects of law that fails to serve and protect the innocent. Bibliography lists 3 sources.
Filename: TLCContingent.rtf
Paper Title: Contingent-Fee Arrangement Versus "Loser Pays"

Contract Law
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A 3 page paper that begins with a brief scenario of a hypothetical breach of contract lawsuit. The writer provides reasons for the court to rule in favor of the claimant, who was the purchaser of a gazebo. Three other court cases are used to justify the claim. Bibliography lists 3 sources.
Filename: PGgzlaw.RTF
Paper Title: Contract Law

Contract Law; Have Contract Terms Been Breached?
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This 6 page paper looks at a case where a newspaper advertisement is placed advertising facilities for a hotel that are not available when the guest arrive and a price that is lower than the price charged. The paper looks at whether the advisement is a offer or an invitation to treat, and then at if the promises in the ads are terms or mere representations. The paper is written with reference to English law. The bibliography cites 5 sources.
Filename: TEinvtreat.rtf
Paper Title: Contract Law; Have Contract Terms Been Breached?


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