Friday, February 28, 2020

Contract Negotiations in Business Law Case Study

Contract Negotiations in Business Law - Case Study Example The second error that is challenged by the insurance company is the circuit court's judgment affirming the defenses lodged by Jones and Lee-Curtis. The second assignment of error is dispositive. The dispute actually rests on the query as to whether Augusta Mutual's adjusted third-party motion for judgment affirmed unjust claims for fraud in the inducement and/or breach of fiduciary duty. It may also be that as Jones and Lee-Curtis challenge, which the insurance company tried to change what was in fact a breach of contract claim into actionable tort claims. The principles guiding the trial court's review is based on a judgment sustaining demurrers are well established. "The purpose of a demurrer is to determine whether a motion for judgment states a cause of action upon which the requested relief may be granted." Tronfeld v. Nationwide Mut. Ins. Co., 272 Va. 709, 712, 636 S.E.2d 447, 449 (2006) (citing Welding, Inc. v. Bland County Serv. Auth., 261 Va. 218, 226, 541 S.E.2d 909, 913 (2001)). "A demurrer tests the legal sufficiency of facts alleged in pleadings, not the strength of proof." Glazebrook v. Board of Supervisors, 266 Va. 550, 554, 587 S.E.2d 589, 591 (2003). Actually, in this case Jones when he signed the report he did it intentionally to get a commission for himself and Lee-Curtis and thus he misrepresented material

Wednesday, February 12, 2020

5 Page Book Critique on Francis A. Schaeffers book, How Should We Then Essay

5 Page Book Critique on Francis A. Schaeffers book, How Should We Then Live for a Advanced School Law Class - Essay Example ly states â€Å""To understand where we are in todays world -- in our intellectual ideas and in our cultural and political lives -- we must trace three lines in history, namely, the philosophic, the scientific, and the religious." In this book Schaeffer aims at motivating the people to return to religion and the Christian way of life. He speaks of the problems of the modern day and their affect on society today. By tracing back through history he provides a compelling argument to explain the value of the Christian ethic and belief. His conclusion is that the only way to achieve success and satisfaction in the world today is to go back to the ultimate truth: The Bible. This is considered the absolute perfection that is revealed to Christ through the Scriptures. The book also speaks of the beauty and magnificence of God. It mentions the importance of understanding the true power behind the infinite God as human beings are mere finite shadows under his supremacy. To better explain this aim, a quote has been taken from the book â€Å"It is important that the Bible sets forth true knowledge about mankind. The biblical teaching provides the meaning of all the particulars, however this is especially so with regards to that particular which is critical to man, namely, the ‘self’ individual either him or her; it really provides a reason for the individual to be great. The ironical factor here remains that humanism, which initiates with Man being central, ultimately has no real meaning for people. At the same time, if one starts off with the Bibles position that an individual is created by God and created in the image of God, there is a basis for that persons dignity. People, the Bible preaches, are created in the image of God -- they are not programmed. Each is thus Man with dignity.†(Chapter 4) In his acknowledgements Schaeffer writes â€Å"â€Å"Using my study, over the past forty years, of Western thought and culture as a base, we could attempt to present the flow and