Instruct: Given a question, retrieve relevant passages that answer the question.
Query: Are verbal contracts binding?
Oral contracts, when made correctly before witnesses, can be enforced. For example, in 1984, after Getty Oil was sold to Pennzoil in a handshake deal, which is legally binding under New York law, Texaco made a higher offer, and the company was sold to Texaco. (Even though the case was tried in Texas, New York law applied.) Pennzoil filed a lawsuit alleging tortious interference with the oral contract, which the court upheld and awarded $11.1 billion in damages, later reduced to $9.1 billion (but increased again by interest and penalties).
Although Cantonese shares a lot of vocabulary with Mandarin, the two varieties are mutually unintelligible because of differences in pronunciation, grammar and lexicon. Sentence structure, in particular the placement of verbs, sometimes differs between the two varieties. A notable difference between Cantonese and Mandarin is how the spoken word is written; both can be recorded verbatim, but very few Cantonese speakers are knowledgeable in the full Cantonese written vocabulary, so a non-verbatim formalized written form is adopted, which is more akin to the Mandarin written form. This results in the situation in which a Cantonese and a Mandarin text may look similar but are pronounced differently.
However, in 1975 the Attorney-General of Alaska, Avrum Gross, ordered an end to all plea-bargaining; subsequent attorneys-general continued the practice. Similar consequences were observed in New Orleans, Ventura County, California, and in Oakland County, Michigan, where plea bargaining has been terminated. Bidinotto found:
In "Ware v. Hylton", 3 U.S. (3 Dall.) 199 (1796), the United States Supreme Court for the first time applied the Supremacy Clause to strike down a state statute. Virginia had passed a statute during the Revolutionary War allowing the state to confiscate debt payments by Virginia citizens to British creditors. The Supreme Court found that this Virginia statute was inconsistent with the Treaty of Paris with Britain, which protected the rights of British creditors. Relying on the Supremacy Clause, the Supreme Court held that the treaty superseded Virginia's statute, and that it was the duty of the courts to declare Virginia's statute "null and void".
In the Romani language, the noun changes the endings of sentences to show meaning. It is used to illustrate how that specific word acts in sentence and is similar to Latin. Romani verbs are similar to those in the Italian, Spanish, and Latin languages. Depending on who is committing the action, the verb ending changes. There are many different verb endings in Romani which change the meaning of words. There are also different verb endings according to past and present tense in the language. The language also has grammatical genders as there are both masculine and feminine words. There are definite articles in this language along with, "different articles for masculine and feminine nouns, for subject and non-subject and for singular and plural articles".
The plea bargain (also plea agreement or plea deal) is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty or nolo contendere to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
Tort is sometimes viewed as the causes of action which are not defined in other areas such as contract or fiduciary law. However, tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract"; if both apply and different standards apply for each (such as a statute of limitations), courts will determine which is the "gravamen" (the most applicable). Circumstances such as those involving professional negligence may involve both torts and contracts. The choice may affect time limits or damages, particularly given that damages are typically relatively limited in contract cases while in tort cases noneconomic damages such as pain and suffering may be awarded. Punitive damages are relatively uncommon in contractual cases versus tort cases. However, compensation for defective but not unsafe products is typically available only through contractual actions through the law of warranty.
All U.S. jurisdictions recognize common-law marriages that were validly contracted in the originating jurisdiction, because they are valid marriages in the jurisdiction where they were contracted, because of the Full Faith and Credit Clause. However, absent legal registration or similar notice of the marriage, the parties to a common law marriage or their eventual heirs may have difficulty proving their relationship to be marriage. Some states provide for registration of an informal or common-law marriage based on the declaration of each of the spouses on a state-issued form.
In some common law jurisdictions, such as Singapore and the Australian state of Victoria, plea bargaining is practiced only to the extent that the prosecution and the defense can agree that the defendant will plead guilty to some charges and/or to reduced charges in exchange for the prosecutor withdrawing the remaining and/or more serious charges. In New South Wales, a 10-25% discount on the sentence is customarily given in exchange for an early guilty plea, but this concession is expected to be granted by the judge as a way of recognizing the utilitarian value of an early guilty plea to the justice system - it is never negotiated with a prosecutor. The courts in these jurisdictions have made it plain that they will always decide what the appropriate penalty is to be. No bargaining takes place between the prosecution and the defence over criminal penalties.
In 2009, in a case about whether witness testimony originating from a plea deal in the United States was admissible in a Danish criminal trial "(297/2008 H)", the Supreme Court of Denmark (Danish: Højesteret) unanimously ruled that plea bargains are "prima facie" not legal under Danish law, but that the witnesses in the particular case would be allowed to testify regardless (with the caveat that the lower court consider the possibility that the testimony was untrue or at least influenced by the benefits of the plea bargain). The Supreme Court did however point out that Danish law contains mechanisms similar to plea bargains, such as of the Danish Penal Code (Danish: Straffeloven) which states that a sentence may be reduced if the perpetrator of a crime provides information that helps solve a crime perpetrated by others, or of the Danish Competition Law (Danish: Konkurrenceloven) which states that someone can apply to avoid being fined or prosecuted for participating in a cartel if they provide information about the cartel that the authorities did not know at the time.
In common law legal systems, precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as stare decisis. Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (that is, regulations promulgated by executive branch agencies).
A birth certificate can be filled with a handwritten way and with the use of technical equipment (typewriters, computers). When filling in the form is carried handwritten way, all records are made legibly in ink or paste blue or black. If you are using a computer or typewriter dye must be black. The quality of paste, ink, dye, used in completing the documents should ensure the preservation of text documents for a set retention period. When filling out the birth certificate is not allowed to have it in patches, blots, and erasures, cuts.
Negotiations for the settlement of the Roman Question began in 1926 between the government of Italy and the Holy See, and culminated in the agreements of the Lateran Pacts, signed—the Treaty says—for King Victor Emmanuel III of Italy by Benito Mussolini, Prime Minister and Head of Government, and for Pope Pius XI by Pietro Gasparri, Cardinal Secretary of State, on 11 February 1929. It was ratified on 7 June 1929. The agreements were signed in the Lateran Palace, hence the name by which they are known.
All U.S. jurisdictions recognize common-law marriages that were validly contracted in the originating jurisdiction, because they are valid marriages in the jurisdiction where they were contracted. see: Full Faith and Credit Clause. However, absent legal registration or similar notice of the marriage, the parties to a common law marriage or their eventual heirs may have difficulty proving their relationship to be marriage. Some states provide for registration of an informal or common-law marriage based on the declaration of each of the spouses on a state-issued form.
IQ tests purport to be measures of intelligence, while achievement tests are measures of the use and level of development of use of the ability. IQ (or cognitive) tests and achievement tests are common norm-referenced tests. In these types of tests, a series of tasks is presented to the person being evaluated, and the person's responses are graded according to carefully prescribed guidelines. After the test is completed, the results can be compiled and compared to the responses of a norm group, usually composed of people at the same age or grade level as the person being evaluated. IQ tests which contain a series of tasks typically divide the tasks into verbal (relying on the use of language) and performance, or non-verbal (relying on eye–hand types of tasks, or use of symbols or objects). Examples of verbal IQ test tasks are vocabulary and information (answering general knowledge questions). Non-verbal examples are timed completion of puzzles (object assembly) and identifying images which fit a pattern (matrix reasoning).
Similar problems of proof may arise if the parties to a common law marriage were not actually domiciled in the state where they lived at the time they sought to contract the marriage; or they may have thought they were contracting a marriage but they did not actually conform to the law of the state in which they were living. The essential question is whether the marriage was validly contracted under the laws of the jurisdiction where the parties allege their marriage was contracted.
Since European Union directive 2007/51/EC came into force on 3 April 2009, the UK Health Protection Agency (HPA) reported that mercury thermometers could no longer be sold to the general public. Shops holding stocks of unsold thermometers had to withdraw them from sale; mercury thermometers purchased before this date could be used without legal implications. The purpose of these restrictions is to protect the environment and public health by decreasing the amount of mercury waste released. The HPA had, in 2007, released a guide to dealing with small spills of mercury.
Although slavery is recognized as being illegal around the world by international treaties and conventions, evidence has shown that there is still existing slavery in Yemen, and the number of slaves is in fact growing. Slavery affects and inhibits many basic human rights, and was specifically abolished by Yemen in 1962. The fact that slavery is alleged to still exist is a major human rights issue.
During the later decades of the fourteenth century English started to come back into official use. The Pleading in English Act 1362 sought to replace French with English for all pleas in courts. The Mercers' Petition to Parliament of 1386 is the oldest piece of parliamentary English; the earliest English wills at the London Court of Probate date from 1387; the earliest English returns of the ordinances, usages, holdings of the gilds are from 1389 and come from London, Norwich and King's Lynn. John Trevisa, writing in 1385, noted that: "...in all the grammar schools of England children are dropping French and construing and learning in English...Also gentlemen have now largely stopped teaching their children French".
Today, domestic common law marriages can be contracted in the following nine jurisdictions:Additionally, these two jurisdictions recognise domestic common law marriage in the limited circumstances indicated:Of the remaining 40 states, 13 never permitted and 27 no longer permit common law marriages to be contracted within their jurisdiction. The latter group will only recognise a domestic common law marriage if it was contracted in the state prior to the date of abolition. Nevertheless, all states recognise validly contracted "foreign" common law marriages, because they recognise all validly contracted foreign marriages. E.g. California abolished the common law contract of marriage in 1895 and, thus, will only continue to recognise a domestic common law marriage contracted in California prior to that date; but any validly contracted "out-of-state" common law marriage will be recognised by California, because it recognises "all" validly contracted foreign marriages under Cal. Family Code 308.
Unlike modern codes, Cuneiform law provides no universal formula for general areas of law. Rather, laws typically consist of specific "if... then..." cases that are meant to act as an example or precedent. Punishments for crimes vary from code to code, but not all prescribe vengeance. Some call only for fines in certain instances, such as in the Code of Ur-Nammu, where one line reads: "If a man knocks out the eye of another man, he shall weigh out one-half a mina of silver." These cases are sometimes arranged in a seemingly random order, though this may be the result of an inability to properly interpret them today as they would have been at the time they were in force.
Decision making should not be arbitrary or capricious / random and, thus, interfere with fairness. While this case concerned a private school, "Healy v. Larsson" (1974) found that what applied to private intuitions applied also to public.
Institutions are required, contractually, to follow their own rules. Institutional documents may also be considered binding implied-n-fact contracts. "Goodman v. President and Trustees of Bowdoin College" (2001) ruled that institutional documents are still contractual regardless if they have a disclaimer.
Students are protected from deviation from information advertised in bulletins or circulars.
Students are protected from deviation from information advertised in regulations.
Students are protected from deviation from information advertised in course catalogues.
Students are protected from deviation from information advertised in student codes.
Students are protected from deviation from information advertised in handbooks.
"Healy v. Larsson" (1974) found that a student who completed degree requirements prescribed by an academic advisor was entitled to a degree on the basis that this was an implied contract.
"Mississippi Medical Center v. Hughes" (2000) determined that students have an implied right to a continuous contract during a period of continuous enrollment suggesting that students have the right to graduate so long as they fulfill the requirements as they were originally communicated. Degree requirement changes are unacceptable. "Bruner v. Petersen" (1997) found also that contractual protections do not apply in the event that a student, who has failed to meet requirements, is readmitted into a program. The student may be required to meet additional requirements which support their success. This may also help avoid issues of discrimination.
"Brody v. Finch University of Health Sciences Chicago Med. School" (1998) determined that students have the right to notice of degree requirement changes.
Verbal contracts are also binding. "The North Carolina Court of Appeals in Long v. University of North Carolina at Wilmington" (1995) found, however, that verbal agreements must be made in an official capacity in order to be binding (Bowden, 2007). "Dezick v. Umpqua Community College" (1979) found a student was compensated because classes offered orally by the dean were not provided.
A blog dedicated to the legality of the issues that arise in Seinfeld episodes, Seinfeld Law, discusses whether or not Jerry’s verbal and physical affirmations create a binding oral contract to wear the shirt.
The contract is normally formed by missives of sale between the buyer, or buyer's agent, and seller, or seller's agent. Missives are letters the body of which contain proposed sale contracts and that negotiate terms, one missive at a time, essentially as an offer and counter-offer. Once all the contractual terms are agreed, the missives are said to be concluded, and these serve as a binding contract for the sale of the property. Normally the contract is conditional upon matters such as the sellers being able, before completion of the transaction, to prove that they have good title to the property and to exhibit clear searches from the land registers and the local authority. The fact that there is a binding contract at a relatively early stage, compared with the normal practice in England and Wales, makes the problem of gazumping a rarity.
During the moratorium, teams are restricted from commenting on deals. Teams and players can reach verbal agreements, but they are not binding. Contracts can be signed once the moratorium ends. In 2015, DeAndre Jordan had reached a verbal agreement to sign with the Dallas Mavericks, but changed his mind at the end of the moratorium and re-signed with the Los Angeles Clippers. A year later, the moratorium period was shortened from 10 to 5 days in what was unofficially called the "DeAndre Jordan Rule". The change was intended to discourage parties from backing out of their agreements.