explain recovery which is based on quasi-contract. what is mitigation of damages? what is the difference between specific performance and restitution? explain liquidated damages and incidental damages.

Answers

Answer 1

Quasi contract is a Implied contract in the law. even be discovered despite a party's ill-intentioned opposition. Retaining the benefit would be unethical on the part of the recipient. The remedy in a quasi-contract lawsuit for damages is typically restitution or recovery under the quantum meruit theory.

Each case is examined separately to determine liability. The doctrine of avoidable consequences, also known as the doctrine of mitigation of damages, prohibits an injured party from being compensated for harm that could have been avoided with reasonable effort.

Specific performance, which is an order directing someone to deliver the special item the seller contracted to sell to the buyer, is one of the available equitable remedies. Whereas, Restitution (the return of a party's benefit received when a contract is not performed, to the extent required to prevent the breaching party from being penalized).

In contract law, differentiating liquidated damages and incidental damages, what do incidental damages mean?

The term "incidental damages" refers to costs that a non-breaching party reasonably incurs in connection with enforcing cover (such as costs associated with locating replacement performance) or that are incidental in some other way to the breach.

When the contract is signed, the damages are pre-estimated and specified in advance and are paid out in the event of a contract breach. In circumstances where actual damages are challenging to determine, liquidated damages are intended to be a fair representation of losses.

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Related Questions


The police-community relations movement (PCR) developed out of the:

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Answer:

Please if you want to get the answer correctly and understanding, check your question first.

riots and civil disorders of the 1960s

Why did people protesting the stay-at-home order cite the 2nd amendment? Isn't that the right to bear arms?

Answers

Answer:

the 2nd amendment is the right to bear arms.

Explanation:

they might have cited the right to bear arms because when the government is seen as out of control the people can take over. so I'm guessing that because they see the stay at home order as unfair they want to protest and have guns. but I'm not 100% sure this is right. I just hope this helps

. 'P' was picked up by a gang of robbers in a car from the street. He was given a revolver and asked to shoot at 'M'. When 'P' resisted, a revolver was put on his ear and he was told that if he did not shoot, he would be shot dead. Then 'P' shot 'M' dead. On a charge of murder, 'P' argued that his act was not voluntary nor was there mens rea. 'P' is guilty of: (a) culpable homicide not amounting to murder (b) no offence (c) attempt to commit murder (d) murder 1

please tell​

Answers

Answer:

A, culpable homicide not amounting to murder.

I hope this helped at all, sorry if it is incorrect.

PLEASE HELP!!: where does the us constitution directly mention law enforcement

A. The Preamble
B. The Articles
C. The Admendments
D. It does not directly mention law enforcement

Answers

Answer:

B: The Articles

Explanation:

In the United states,state police power comes from the tenth amendment to the which gives states the right and powers not delegated to the United states.

Why am I not allowed to see answers to my question

Answers

Try restarting the app and checking for an update if using the website try restarting the page

What is the NLRA? When was it established and what does it do?

Answers

Answer:

In 1935, Congress passed the National Labor Relations Act (“NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers' full freedom of association.

Explanation:.

Journalist’s Notes:

Within the span of three months, several homes on one side of town have been broken into during the day. No one is ever home at the time, and numerous high value items have been stolen. Additionally, three local businesses have been broken into at night after closing. Cash was stolen from the safes in two of the businesses. The third business is a hardware store and several expensive tools were stolen. During this time period, two bicycles and one all-terrain vehicle were also stolen while left outside unattended; it is unclear if these thefts were committed by the same offender(s) breaking into homes and businesses.

Finally, two disturbing incidents occurred in the midst of these crimes.

First, a man with a gun forcefully pushed a man who was stopped at a red light off of his motorcycle. The gunman then hopped on the motorcycle and sped off.

Second, two women got into an altercation in the mall parking lot when one woman accused the other of stealing her parking spot. The angry woman parked her truck behind the other woman’s car, blocking it in. She then proceeded to kick and hit the other woman for several minutes before grabbing a baseball bat from her truck and hitting the other woman in the back with it. She then smashed the windshield and drove off.

Journalists Notes:Within the span of three months, several homes on one side of town have been broken

Answers

Answer:

Description of Criminal Act: A man with a gun forcefully pushed a man who was stopped at a red light off of his motorcycle. The gunman then hopped on the motorcycle and sped off.

Type of Crime: Robbery

Property or Violent Crime:

Violent (The man had a "gun", this could be a threat of harm. Making the other man not to fight the gunman for his bike back. The gunman then forcefully pulled the man off his motorcycle.

Explanation:

Which law states that the Internet connection speeds for consumers doubles in a little less than two years

Answers

Answer:

Nielson's.

FYI you can look at the quizlet answers before you start. I looked it up and the same answer is word for word on quizlet.

Which law states that the Internet connection speeds for consumers doubles in a little less than two

help write some
Explain how federal and unitary forms of government differ.
State which form you think is better.
Include details and examples to support your answer.

Answers

The division of power between the national and sub-national levels of government differs between federal and unitary models of government. Federalism promotes regional diversity and autonomy.

What distinguishes a unitary type of government?

In contrast to a federal government, which divides its power between the centre and the units, a unitary government places all of its authority in the central government.

What are some examples of the federal and unitary forms of government?

In a federal system of government, the national government delegated some of its authority to each of the nation's constituent parts. For instance, in India, the Central Government and the several State Governments share authority. With a unitary type of governance, a single government holds all the reins.

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Mrs. Patterson is concerned about the deductibles and co-payments associated with Original Medicare. What can you tell her about Medigap as an option to address this concern?

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Since Mrs. Paterson is concerned about the deductibles and co-payments associated with Original Medicare, you can tell her this about Medigap as an option to address this concern: b. Medigap plans help beneficiaries cover coinsurance, co-payments, and/or deductibles for medically necessary services.

What is a health care plan?

A health care plan can be defined as a medical plan or an insurance for the medical care of a particular patient which covers a part or whole risk of the medical expenses incurred such as Medicare.

What is Medigap?

Medigap can be defined as a set of private health plans and supplemental insurance policies that are designed and developed to work in conjunction with Medicare, especially by taking care of the following:

Coinsurance for medically necessary services.Co-payments for medically necessary services.Deductibles for medically necessary services.

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Complete Question:

Mrs. Paterson is concerned about the deductibles and co-payments associated with Original Medicare. What can you tell her about Medigap as an option to address this concern? a. If Mrs. Paterson applies during the Medigap open enrollment period, she will have to undergo a medical review to determine if she has a pre-existing condition that would increase the premium for a Medigap policy. b. Medigap plans help beneficiaries cover coinsurance, co-payments, and/or deductibles for medically necessary services. c. All costs not covered by Medicare are covered by some Medigap plans. d. Medigap plans are not sold by private companies and are a government insurance product.

4. What is the leading critique of the electoral college?

Answers

It's hard to make an intellectual argument in favor of the Electoral College. Most people feel that the person who gets the most votes should become president.

After all, that's how we run every other election in this country, says Jesse Wegman, the author of Let the People Pick the President

3. A promotional.permit allows you to:
A. Drive around and offer samples of alcoholic beverages from your car
B. Offer a discounted price on alcoholic beverages
C. Promote the sale of certain alcoholic beverages by offering in-store samples, demonstrations, and
promotions
D. None of the above

Answers

the answer to the question is c promote sake of certain alcoholic beverages by offering in store samples demonstrations and promotions

Do citizens care enough to actively participate in policymaking, or would any resources devoted to participatory processes be better directed toward implementation?

Answers

Citizens tend to care about policies that directly affect their daily lives, and they are more likely to participate in policymaking processes when they feel that their voices are being heard and that they can make a difference.

Participatory processes can be valuable in providing a space for citizens to voice their opinions, concerns, and ideas, and to work collaboratively with policymakers to develop more effective policies. However, these processes can also be time-consuming and resource-intensive, and may not always result in significant changes to policy outcomes.

Ultimately, it is important to strike a balance between participatory processes and implementation efforts. Policymakers need to consider the potential benefits of participatory processes, including increased community engagement and support for policies, against the costs of implementing such processes. Additionally, policymakers need to ensure that participatory processes are inclusive, accessible, and meaningful for all members of the community, including those who may not have traditionally been included in policy discussions.

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Read the Sixth Amendment to the Constitution.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have [the opportunity] for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

What part of the Sixth Amendment suggests that accused persons will be able to hear the charges against them?

Answers

Answer:

to be informed of the nature and cause of the accusation

C. “informed of the nature and cause of the accusation”

_______ is when someone has some sort of mental or physical defect that prevents him or her from being able to enter into a legally binding contract.

Answers

The term you are looking for is "incapacity". Incapacity refers to the inability of an individual to make informed decisions due to some kind of mental or physical defect. This incapacity can be temporary or permanent and can affect an individual's ability to understand the nature of a contract, its terms, and its implications.

In the context of contract law, incapacity means that the affected individual is not legally competent to enter into a contract, and any contract entered into by them may be considered void or unenforceable.

Mental incapacity can arise due to a variety of factors such as mental illness, cognitive impairment, intellectual disability, and even intoxication. Physical incapacity can arise due to factors such as injury, illness, or disability. In such cases, a court may appoint a legal guardian or conservator to act on behalf of the incapacitated individual and make legal decisions for them.

It is important to note that the determination of incapacity is not always straightforward and may require a formal evaluation by a medical or legal expert. The law generally seeks to protect individuals with mental or physical incapacity from being exploited or taken advantage of, especially in contractual relationships. Therefore, it is essential to be aware of these issues when entering into any contractual agreement.

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Sayid is a corrections officer in the county jail. What might be one
task that Sayid performs as part of his job?

Sayid is a corrections officer in the county jail. What might be onetask that Sayid performs as part

Answers

The correct answer is B: accompanying inmates to and from court.

Should the federal judiciary limit the scope of the 1st Amendment's freedom of speech clause, such that 'hate speech', as defined by the federal and/or state sovereigns, would be illegal, with criminal penalties attached? Provide arguments in support of your answer, and you may cite external sources.

Answers

The federal judiciary should limit the scope of the First Amendment's freedom of speech clause to criminalize "hate speech" is a complex and debated topic.

Here are two arguments that provide different perspectives on the matter:

Argument in favor of limiting the scope:

Proponents argue that limiting freedom of speech to criminalize hate speech would help protect vulnerable individuals and foster a more inclusive society. They argue that hate speech can perpetuate discrimination, incite violence, and create a hostile environment.

By imposing criminal penalties, it sends a strong message that such speech is not acceptable and helps maintain social harmony. They may cite examples of countries that have implemented hate speech laws and argue that such laws have proven effective in curbing the spread of hate speech and reducing harm.

Argument against limiting the scope:

Opponents argue that protecting freedom of speech, even when it includes hate speech, is essential for a robust democracy. They contend that allowing the government to restrict speech based on its content opens the door to potential abuse and encroachment on other forms of expression.

They argue that hate speech is subjective and its definition can vary across individuals and cultures, which raises concerns about potential censorship of unpopular or dissenting viewpoints. They emphasize the importance of countering hate speech through counter-speech, education, and promoting tolerance rather than relying on legal restrictions.

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methods of identifying an inmate who is to receive medication.

Answers

Answer:

Effective classification is now regarded as critical to the

operation of a safe, secure facility. As a management tool,

classification is considered essential for assessing and

meeting the needs, risks, and constitutional rights of each

offender through appropriate housing, work, programs,

and activities, while at the same time maintaining the

security and safety of the facility and community.

Explanation:

yee

to deny human rights is to challenge their very humanity discuss​

Answers

should ignore it and if they do it again do the right to hit .

Explanation:

bc that's rude .

The primary source of federal power to regulate trade between states is the.

Answers

The primary source of federal power to regulate trade between states is the Commerce Clause of the United States Constitution.

This clause, found in Article 1, Section 8, gives Congress the authority to regulate commerce among the several states. This means that Congress can pass laws that regulate the flow of goods, services, and people between states, as well as laws that govern interstate transactions. The Commerce Clause has been interpreted broadly by the Supreme Court, allowing Congress to regulate a wide range of economic activities that affect interstate commerce. However, there have been challenges to this power, with some arguing that it infringes on states' rights and others arguing that it gives the federal government too much power. Nonetheless, the Commerce Clause remains a crucial source of federal power in regulating trade between states.

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Determine if the following items are considered to be individual or class evidence.

Determine if the following items are considered to be individual or class evidence.

Answers

Fabric from a garment is  class evidence. Textiles are mass-produced, they are considered class evidence.

What are  individual and class evidence?

Evidence with class characteristics is referred to as class evidence. Individual evidence is similar to evidence that possesses individual characteristics.

Both class and individual evidence have value; however, it usually takes much more class evidence (and much more time for collection and analysis) to have the same significance and weight as a single item of individual evidence.

Class evidence-

Fabric from a garment

Broken glass from a bottle

Tear from a piece of paper

Individual evidence-

Shoe print (pattern)

Bones found in a skull

matches from a match book

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What can be derived from a firearm and its projectiles?

Answers

Firearms and their projectiles can provide important clues and evidence in criminal investigations and can help experts better understand the performance and characteristics of firearms.

What informs firearms and their projectiles?

Firearms and their projectiles can provide a wealth of information to investigators and forensic experts in criminal investigations, as well as to engineers and researchers studying the performance and characteristics of firearms.

From a firearm, one can determine its make, model, and caliber. The firearm's serial number can also be used to trace its ownership and history. The condition of the firearm can provide information about its maintenance and use.

From the projectile, one can determine the caliber, type of bullet, and the angle of impact. The projectile's trajectory can be used to determine the location of the shooter and the direction of the shot.

Forensic experts can also analyze the gunshot residue left on the firearm and the shooter's hands to determine if the person fired the weapon. The presence of fingerprints or DNA on the firearm can also be used to identify the shooter.

Overall, firearms and their projectiles can provide important clues and evidence in criminal investigations and can help experts better understand the performance and characteristics of firearms.

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An accident occurs between a truck and a family vehicle. The truck is owned by a corporation with businesses in Ohio and Pennsylvania. The truck driver is from Ohio. The corporation is incorporated in Delaware but is headquartered in Pennsylvania. The family members in the vehicle include a grandmother domiciled in New Jersey and a mother and daughter domiciled in Connecticut. The accident occurs in New York. The family sues the corporation.


Is there federal jurisdiction?


What states have jurisdiction? (Assume that subject matter jurisdiction requires the incident or the residents of all defendants to be in the state of suit. )

Answers

The United States of America is a federal republic made up of 50 states, a federal district (Washington, D.C., the nation's capital), five major territories, and numerous minor islands.

The states, as well as the United States as a whole, are both sovereign jurisdictions. Any state, the District of Columbia, the Commonwealth of Puerto Rico, or any American territory falls under the jurisdiction of the United States. England and Wales, Scotland, and Northern Ireland are the three legal jurisdictions of the United Kingdom of Great Britain and Northern Ireland.

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An __________ is one in which the tortfeasor is willful in bringing about a particular event that causes harm to another party.

Answers

Answer:

An intentional is one in which the tortfeasor is willful in bringing about a particular even that causes harm to another party.

What is the principle that is applied to determine how much compensation a party receives in a quasi-contract settlement?.

Answers

The quantum meruit standard is used to calculate each party's share of the compensation in a quasi-contract settlement.

What rule is used to determine how much money each party is awarded in a quasi-contract settlement?

Implied contracts are another name for quasi-contracts. The defendant is required to make restitution payments to the plaintiff or the harmed party once they have been mandated. Quantum meruit is the legal term for this payback, which is determined by the amount of money or item worth that the defendant unlawfully gained.

What distinguishes quantum meruit?

A plaintiff must demonstrate that the defendant consented to the services they were to perform for them and anticipated paying them in order for their quantum meruit claim to succeed. The defendant must also be shown to have been unfairly enriched, which implies that they were given free products or services, according to the plaintiff.

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Fear of crime (a lot, some, none) is blank measurement

Answers

The excessive fear of crime provokes criminal victimization, which is measured by the crime rate.

What is the crime rate?

The crime rate refers to the ratio or proportion of felonies and misdemeanors in the population.

Criminal victimization refers to a person who is the victim of a violent crime, which results in a general sense of vulnerability, signs of physical and social decay, and inter-group conflict.

Resilience, coping, and policing strategies must be employed to reduce the fear of crime and the victimization of vulnerable individuals.

Thus, the excessive fear of crime provokes criminal victimization, which is measured by the crime rate.

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which of the following is not true of couples who cohabitate before marriage as compared to those who do not live together

Answers

Cohabiting couples, as a whole, have the same level of commitment to each other and the relationship that married couples do is not true of couples who cohabitate before marriage as compared to those who do not live together.

Regarding the levels of commitment between married couples and cohabiting couples, studies are not unanimous. Cohabiting couples may be less committed and more likely to end their relationship than married couples, according to some studies, while married couples may be more committed overall.

Additionally, research suggests that couples who live together before getting married are more likely to get divorced than those who do not. It is crucial to remember that every person's situation is unique, so generalizations about cohabitation shouldn't be made based on them.

The question is incomplete, complete question is "Which of the following is NOT a reason why an older person might choose to cohabit rather than marry?

cohabiting couples are more likely than married couples to split up because of conflicts about money

Cohabitation is most common among people with lower levels of education and income

Most cohabiting relationships do not last longer than two years

Cohabiting couples, as a whole, have the same level of commitment to each other and the relationship that married couples do"

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Is it a violation of the Federal Wiretap Law (Title III of the Omnibus Crime Control and Safe Streets Act) for Gary to allow law enforcement officers to listen to a telephone conversation between himself and Terry without Terry’s knowledge

Answers

Answer:

I think it's a crime and it shows no manners

what did the civil rights act of 1964 make illegal?

Answers

The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. Provisions of this civil rights act forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing.

What core value is common to all U.S. Military services? *

A) Integrity
B) Courage
C) Honor
D) Loyalty

Answers

The answer to this question is all of them
C have a good one love
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