$20.00 "MGT/255 Final Project: Case Portfolio A+ graded new never sold
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- Posted on Jun 16, 2009 at 11:26:36PM
A:
Preview: ... ed under warranty, this is not a basis for vitiating the contract as a result of mutual mistake. <br><br>The doctrine of mutual mistake applies only to known facts that existed at the time the contract was executed and not to predictions of future events, such as the anticipated payment under the warranty.<br><br>Plaintiff's five months delay in billing Dfendant, during a time when it had received no payment at all, does not, suffice to "manifest an acquiescence" to Defendant's subsequent failure to pay and cannot be considered a waiver or its rights to payment. A waiver is a voluntary and intentional abandonment or relinquishment of a known right, and, although it need not be established by a party's express declaration, it does require "undisputed acts or language so inconsistent with a purpose to stand on the contract provisions as to leave no opportunity for a reasonable inference to the contrary."<br><br>Plaintiff, however, had no contractual right to assess late fees between June and November, 2003 for the following reasons:<br><br>(1) Defendant only received a bill at the end of October;<br><br>(2) It is apparent that Plaintiff acceded to King's failure to pay in the month of November, because of its continued hope of recovering under the warranty. Thi ...
The full tutorial is about 1024 words long plus attachments.
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MGT 255 Final Project Case Portfolio.docx (32K) (Preview)
