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In Fes, Morocco, there are 5 things to do (Complete Guide)

Среда, 19 Января 2022 г. 12:14 + в цитатник

Mystical and enchanted Fes is an unique Moroccan city, a UNESCO World Heritage Site, and home to North Africa's oldest and largest medina! The city was previously Morocco's capital and is now widely regarded as the country's cultural epicenter. Discover spice towers, traditional handicrafts, hammams, and tanneries inside the historic walls of the gloriously chaotic medina. Take one or two days to explore all of the best things to do in Fes!

1-    Get lost in the Medina of Fes.

The medina of Fes (Fes el Bali) is North Africa's oldest and largest, dating back to the 9th century! It is also a UNESCO World Heritage Site because of its historical and cultural significance. When you see how successfully the medina's ancient attractions have been kept, it's simple to see why. Wander the thousands of lanes in Fes to learn about the city's history and to enjoy the world's largest car-free urban region!

It's really simple to get lost here because of the tight streets, which we've done a few times. Before leaving your riad or hotel, make sure you know which signs to look for because even Google Maps might get lost in this maze.

If at all possible, stay at a hotel located within the medina. This is because certain medina gates close after 7 p.m., causing issues when returning to a lodging outside the medina walls.

2-    Jnan Sbil Gardens (Bou Jeloud)

In the bustling medina, this tranquil oasis is the sole public garden. Enjoy the gorgeous water features, birds, plants, flowers, and palm tree-lined walkways while taking a break from negotiating. Relax, cool off, and watch the inhabitants of Fes enjoy the park as well.

3-    The Magical Bou Inania Madrasa

The Bou Inania Madrasa is a well-known religious structure at the medina's heart. The structure, which dates from the 14th century, was formerly a school. However, its magnificent architecture is now on exhibit to the general public. Explore the gorgeous marble courtyard, rich wood sculptures, and unending green mosaic tilework. The next mosque, with its stunning green minaret visible across the medina, continues the color trend. This madrasa is without a doubt the most opulent in the city! Don't miss out on this fantastic Fes activity.

It's convenient to visit while roaming through the medina because of its position. It's also one of the few holy places in Fes that non-Muslims are allowed to visit. Visit this wonderful space early or late in the day to see it at its most peaceful. We arrived at 4 p.m. and there was hardly no one there!

4-    Take in the Smells of the Tanneries

Make sure to visit Fes' world-famous tanneries! Hundreds of clay pits with various colored dyes used to tint animal hides can be found. The tanneries are an important element of Fes culture and one of the nicest things to do in Fes. Be aware, though, that the odor is rather powerful! Locals will try to give you "free mint" to help with the odor, although we've seen many people pay afterward. As a result, it's a good idea to remember to bring some mint or a scarf with you.

Finding a nearby roof terrace is another option for seeing the tanneries. You'll be able to gain a bird's-eye view this way. Visit this place by taking the 4 days tour from Marrakech to Fes.

5-    Africa’s Oldest University: Kairaouine

The Kairaouine Mosque is renowned as the world's oldest university as well as Morocco's second-largest mosque. It is one of Fes' most prominent religious structures, and only Muslims are permitted inside. Although tourists are not permitted to enter the building, you can get a look of it through numerous of the entrance gates. The marble courtyard, fountains, arches, tiles, and embellishments are all worth seeing. Not only that, but many people may be seen worshipping in this holy structure, which is still in use as a university!

 


How to Create Interactive Video Content for Imparting Education?

Суббота, 01 Января 2022 г. 08:35 + в цитатник

Introduction

There are several video content available online through various classroom apps and different online teaching sites in India and the world, where you can find many such videos created so nicely that the learning process automatically becomes easier for students. Digital education concerned educators and content developers by using different tools and technologies to develop video and audio deliverable content that is very interactive. But there are a few things that a content creator or Video creator should keep in mind if they have to develop an interactive video. 

 

Tips to come up with the best interactive video

To create and deliver a perfect video learning experience to all the learners, the creator needs to put their best to make a particular video or audio interactive. To do so and make content interesting, interactive, and engaging, the creator must follow the following steps mentioned below in the article. 

 

Planning should be the priority

At the beginning stage, what is most important to draft out is planning. Planning involves gathering good ideas to maximize the learning outcomes from the interactive video. Once you become aware of your desired results, you must join all the points starting from the start to end and have to plan for alternative ways if, at one stage, things fail. One of the most familiar and popular methods is branch mapping, and with the evolved technologies, we now have apps that could do that for us. 

 

Test your approach

You are done with the planning, and you have to test the different demographics on which your approach will be based. It is essential to perform testing over the various platforms your interactive video content went to when it was released for the learners. 

 

Focus on Content

Creating content for students, especially those at their primary stage of education, should connect with the content. The creator should create a scenario or character or anything else that the learner is comfortable getting invested in. Doing things like this will help the creators get good feedback and positive criticism, leading them to prepare the same video. Still, this time should engage learners in the content they want to get invested in. 

 

Replays should be encouraged

Approaches like spaced learning and repetitive learning should be implemented to get it right. Video or content should be prepared to engage learners' attention to a level where they want to themselves go in a zone of personalized learning and do replays for the same lesson they wish to learn further.  

 

Incorporation of Gamification 

For the creators, implementing such approaches always becomes more successful. The game thinking skills tell us that the challenge of improving performance and completing the scenario that could engage students in is big motivators and could act in the same way that  Motivational quotes for students do. 

 

Along with the points mentioned above, a creator for interactive video should also keep it consistent with implementing the latest advancements in tools and technologies. The creators should be more focused on creating interactive content in audio-visual forms, which could relate to reality or realistic scenarios. 

Also, a video or anything like that should be made multi-device ready to work across different platforms, especially over mobile phones. Most learners can access it through their smartphones only. 

 

The creation of interactive and technology-friendly videos can offer learners a new and engaging experience. Thus the creators can create an effective solution to deal with the current needs for resolving the ongoing learning challenges of the time. 


Define Punitive Damages

Понедельник, 01 Ноября 2021 г. 13:18 + в цитатник

Overview

HOLDINGS: [1]-A property insurance policy issued to a wine collector did not cover financial losses sustained when the insured bought counterfeit wine because there was no physical loss or damage to the wine collection and the insured's loss of money was not a covered peril; Is definePunitive Damages? Punitive damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. [2]-Although the policy, which insured against direct and accidental loss to covered property, did not expressly limit itself to physical loss or damage, the fundamental nature of property insurance was such that the policy covered only harm to the wine itself, such as fire or theft, and did not insure against financial losses; [3]-Because the insured failed to establish that any type of financial loss was covered, it was irrelevant that the policy did not specifically list fraud as an exclusion; [4]-Parol evidence concerning the insured's expectations was not admissible because the policy was unambiguous.

 

Outcome

Judgment affirmed.


Appellant corporation sought review of an order

Понедельник, 01 Ноября 2021 г. 13:16 + в цитатник

Procedural Posture

Appellant corporation sought review of an order of the Superior Court of the City and County of San Francisco (California), which denied the corporation's motion to enter satisfaction of a judgment secured by respondent contractor against the corporation.

Overview

An agreement was entered into between the contractor and the administratrix of an estate for settlement of claims to oil and gas royalties. The corporation contended that the decedent and the corporation's predecessor were joint tortfeasors and that the agreement between the contractor and the administratrix constituted a compromise and settlement of a tort action with one joint tortfeasor, a release from further liability of that tort feasor, and a release of all other joint tort feasors. Discovery Cutoff define as the end of discovery is commonly. The court affirmed the judgment of the superior court, which denied the corporation's motion to enter satisfaction of a judgment in light of the agreement between the contractor and the administratrix because this was an action in contract not in tort. Specifically, the court found that the settlement with the administratrix did not release the corporation as an assignee of property owned by the decedent because the decedent and the corporation were not jointly liable for the entire claim as the corporation took its property subject to the terms of the original contract between the contractor and the decedent. The corporation was only liable for those royalties to which it had legal title.

Outcome

The court affirmed that trial court's order denying the corporation's motion to enter satisfaction of a judgment.


Superior Court of Orange County, California

Понедельник, 01 Ноября 2021 г. 13:14 + в цитатник
Plaintiff attorney appealed a judgment of dismissal entered by the Superior Court of Orange County, California, after it sustained a demurrer to his first amended complaint without leave to amend. The complaint sought enforcement of an agreement between plaintiff and defendant attorney to divide fees awarded to them as cocounsel representing plaintiffs in an earlier class action lawsuit.
 
The court held that the parties' failure to fully disclose the fee-splitting agreement to the class action court, as required by Cal. Rules of Court, rule 3.769, when they petitioned for approval of the class action settlement barred later enforcement of the agreement. Rule 3.769 was designed to protect class members from potential conflicts of interest with their attorneys by requiring the full disclosure of all fee agreements in any application for dismissal or settlement of a class action. What Is a Summary Judgement Motion? in laws. Rule 3.769 would be effectively nullified if attorneys could conceal a fee-splitting agreement from the trial court in seeking approval of a class action settlement and later enforce the agreement in a separate action. As a separate and independent basis for upholding the trial court's action, the court concluded that plaintiff's claims were barred by res judicata. Plaintiff was provided a fair opportunity to litigate the fee-splitting agreement before the trial court in the class action. Because the class action court fully and finally determined the attorneys' respective entitlement to fees, plaintiff could not relitigate the issue in the instant proceeding.
 
The court affirmed the judgment.
 

Appellant, the assignee of a corporation's rights

Понедельник, 01 Ноября 2021 г. 13:13 + в цитатник

Procedural Posture

Appellant, the assignee of a corporation's rights under a purchase and sublease agreement, sought review of a decision by the Superior Court of San Mateo County (California), which granted summary judgment in favor of respondent, the buyer and sublessor under the agreement, in appellant's action for damages on a breach of contract theory.

 

Overview

Respondent purchased a café and the sublease for the café premises from a corporation. Respondent defaulted on the agreement and appellant, as assignee of the corporation's rights, commenced a breach of contract action. Respondent moved for summary judgment on the grounds that the corporation's powers had been suspended for nonpayment of taxes, the purported assignment from the corporation to appellant was ineffective, and that the sale and sublease agreements between the corporation and respondent were, therefore, voidable by respondent. Can I Sue My Landlord? y landlord takes your security deposit illegally, rental unit is inhabitable. The trial court granted respondent's motion for summary judgment. In affirming, the court rejected appellant's argument that respondent failed to produce evidence that the purported suspension of the corporation complied with the statutory provisions. Furthermore, the court concluded that restoration of the corporation's powers did not override respondent's right to treat his contractual obligations with the corporation as voidable. Lastly, the court rejected appellant's claim that equitable estoppel existed as a triable issue, because appellant offered no evidence that respondent was aware of the corporation's disability.

 

Outcome

The court affirmed the trial court's summary judgment ruling against appellant, the assignee of a corporation's rights under a purchase and sublease agreement. The court held that the agreement between appellant and respondent, the buyer and sublessor under the agreement, was voidable at the option of respondent, because the corporation's powers were suspended due to its failure to pay taxes at the time the parties entered into the agreement.


Plaintiffs challenged orders of the Superior Court

Понедельник, 01 Ноября 2021 г. 13:10 + в цитатник
Plaintiffs challenged orders of the Superior Court of Orange County (California), that denied their application to allow a class action, granted summary judgment against them on their cause of action against defendants, a parent company and its subsidiary, under the Cartwright Act, Cal. Bus. & Prof. Code § 16720 et seq., granted judgment on the pleadings to and dismissal of defendant subsidiary, and denied them leave to amend their complaint.
 
Plaintiffs filed a class action on behalf of all homebuyers required to accept the subsidiary for escrow purposes as a condition to the purchase of their homes from the parent company. Plaintiffs alleged a violation of Cal. Civ. Code § 2995, and an antitrust violation under the Cartwright Act, Cal. Bus. & Prof. Code § 16720 et seq. In many states the rights of grandparents are governed by certain specific laws. Grandparents can petition the courts to be able to see grandchildren who have been kept away from them by the child’s parents. This is referred to as Grandparents Rights in Each State, or the legal right for a grandparent to spend time with their grandchild. Defendants demurred, and the complaint was dismissed. On appeal, the court reversed and remanded. On remand, the trial court granted defendants' motion for summary judgment on the antitrust claim, basing its decision on a newly issued U.S. Supreme Court decision, denied class certification, and granted the subsidiary's motion for summary judgment on the § 2995 claim, thereby dismissing the subsidiary from the case. Plaintiffs appealed. On appeal, the court reversed the order dismissing the subsidiary from the antitrust claim. The holding in the first appeal as to the antitrust claim was the law of the case, and the U.S. Supreme Court decision did not preclude the antitrust claim. Also, the class should have been certified. As the case involved the violation of a statute, individual issues of prior knowledge did not bar class certification.
 
The court reversed the trial court's orders dismissing defendant subsidiary from plaintiffs' antitrust claim and denying plaintiffs' motion for class certification. The court's reversal of the dismissal of plaintiffs' antitrust claim in the first appeal was the law of the case in the subsequent proceedings. As the case involved the violation of a statute, individual issues of prior knowledge did not bar class certification.
 

The Superior Court of San Diego County (California)

Понедельник, 01 Ноября 2021 г. 13:08 + в цитатник
Procedural Posture
Petitioner, a former employee of real party in interest employer, sought a writ of mandate directing respondent Superior Court of San Diego County (California) to vacate an order disqualifying the employee's counsel for excessively reviewing privileged documents in the employee's employment termination dispute against his employer ...
 
Overview
In response to a discovery demand, the employee produced some documents that appeared to have been prepared for the employer upon request of counsel or were otherwise confidential. The employer demanded that the documents be returned and that the employee cease using privileged or confidential information to pursue the lawsuit. The documents were not returned, and the employee conceded at a deposition that he was relying upon one of them to support a claim. Horizontal Gaze Nystagmus refers to an involuntary jerking of the eyes as the eyes gaze toward the side. The court held that the trial court did not abuse its discretion under Code Civ. Proc., § 128, subd. (a) (5), when it disqualified the employee's counsel instead of selecting some other remedy. Disqualification was proper as a prophylactic measure to prevent prejudice from improperly possessed information. An attorney receiving confidential and privileged materials had an obligation to refrain from examining the materials, beyond ascertaining whether they were privileged, and to notify the sender of the attorney's possession of the materials. Under the dominant purpose test, evidence that the documents had been transmitted by the employer's counsel to the employer sufficed to ascertain that the attorney-client privilege applied.
 
Outcome
The court denied the petition.
 

The Superior Court of the City and County of San Francisco (California)

Понедельник, 01 Ноября 2021 г. 13:06 + в цитатник
Plaintiff widow appealed an order from the Superior Court of the City and County of San Francisco (California), which entered an adverse judgment in a nonjury trial, in an action for alleged malpractice against defendant accountants.
 
Plaintiff widow employed defendant accountants to prepare federal and state income tax returns, income tax estimates, and to do related accounting work as requested. Plaintiff later brought an action against defendants, seeking damages for malpractice by defendants. A trial court entered an adverse judgment, and plaintiff appealed. The court affirmed the trial court's judgment. Drug Charges includes the manufacturing, cultivation, trafficking, distribution and possession of these substances. The court deemed it unnecessary to consider the evidence upon which the trial court made its findings. In view of the fact that defendants had no duty under the circumstances to inquire into the effect of a resolution with a publishing company, or to act otherwise than they did, the court found that it was futile to inquire into what could have been the situation had the facts in the case been otherwise. In view of the trial court's findings on plaintiff's failure to object to a withholding, the court deemed it unnecessary to consider the other questions raised by plaintiff. Nor did the court deem it necessary to discuss defendants' contention that the action was barred by the statute of limitations, a matter which the trial court did not include in its conclusions of law.
 
The court affirmed a trial court's adverse judgment in plaintiff widow's malpractice action against defendant accountants because it was unnecessary to consider the evidence upon which the trial court made its findings where defendants had no duty to inquire into the effect of a resolution or to act otherwise than they did, and it was futile to inquire into what could have been the situation had the facts in the case been otherwise.
 

The Superior Court of San Mateo County (California)

Понедельник, 01 Ноября 2021 г. 13:04 + в цитатник

Plaintiff executrix, defendant title holder, and intervener trustees all appealed an order from the Superior Court of San Mateo County (California), which declared that the entire beneficial title to the property in dispute was vested in intervener land association and that none of the other parties had any right, title, or interest therein.

 

The executrix's decedent, the title holder, and others had formed the land association to sell land to a cemetery association. The land association issued bonds, upon which the land association defaulted when the cemetery association breached the contract. The land was sold in a foreclosure proceeding, and the cemetery association bought it. The decedent, the title holder, and other stockholders revived the land association and attempted to tender an offer to the cemetery association to redeem the land association's rights in the property. The title holder secured legal title to the property and filed suit against the cemetery association to recover the property, in which suit he prevailed. In the suit filed by the executrix, the trial court determined that the title holder took the legal title subject to an oral trust in favor of the land association. On appeal, the court affirmed. The court held that it was forbidden by its own rule regarding conflicting evidence in the record to interfere with the judgment. The court held that the statute of limitations did not bar the action and that the trial court's decision was supported by sufficient evidence.

 

The court affirmed the superior court's order.

 Plaintiff executrix, defendant title holder, and intervener trustees all appealed an order from the Superior Court of San Mateo County (California), which declared that the entire beneficial title to the property in dispute was vested in intervener land association and that none of the other parties had any right, title, or interest therein.

 

The executrix's decedent, the title holder, and others had formed the land association to sell land to a cemetery association. The land association issued bonds, upon which the land association defaulted when the cemetery association breached the contract. The land was sold in a foreclosure proceeding, and the cemetery association bought it. California Penal Code 487 PC defines the crime of grand theft as unlawfully taking someone else's money, labor or property valued at $950.00 or greater. The decedent, the title holder, and other stockholders revived the land association and attempted to tender an offer to the cemetery association to redeem the land association's rights in the property. The title holder secured legal title to the property and filed suit against the cemetery association to recover the property, in which suit he prevailed. In the suit filed by the executrix, the trial court determined that the title holder took the legal title subject to an oral trust in favor of the land association. On appeal, the court affirmed. The court held that it was forbidden by its own rule regarding conflicting evidence in the record to interfere with the judgment. The court held that the statute of limitations did not bar the action and that the trial court's decision was supported by sufficient evidence.

 

The court affirmed the superior court's order.

 


The Superior Court for Contra Costa County (California)

Понедельник, 01 Ноября 2021 г. 13:00 + в цитатник
Procedural Posture
Appellant government sought review of a decision from the Superior Court for Contra Costa County (California) that directed appellant to ensure that students of a certain school district would receive a full school term or its equivalent. Appellant contended that it did not have a constitutional duty other than to provide an equal allocation of funds to all school districts within the state.
 
Overview
Respondent concerned parent filed for a temporary and permanent injunction seeking to force appellant government to ensure that a local school district would not close its schools six weeks before the end of the year due to budgetary problems. The lower court, after a hearing, found that appellant was responsible for the fundamental educational rights of students and that it must remedy a local district's inability to provide an education basically equivalent to other districts in the state. Prostitution is the crime of willfully engaging in sexual intercourse or a lewd act with someone else in exchange for money or something else of value. Is Escorts Legal In California? The lower court ordered appellant to ensure that the students would receive a full term or its equivalent. The lower court also approved an emergency plan and an emergency loan to accomplish the plan. Appellant contended that it had no constitutional duty other than to allocate educational funds equally between the various school districts within the state. The court affirmed the lower court's decision and found that public education was a fundamental concern of appellant and it had to provide all students a basic fundamental education. The court found that the lower court's order was proper except where it ordered money be distributed from specially earmarked funds.
 
Outcome
The court affirmed the lower court order that directed appellant government to ensure that students of a certain school district would receive a full school term or its equivalent. However, the court set aside that portion of the order that distributed money from funds that had been validly earmarked for other purposes by the legislature.
 

The Orange County Superior Court, California

Понедельник, 01 Ноября 2021 г. 12:58 + в цитатник

Procedural Posture

Plaintiff orthopedic surgeons sued defendant medical device company and other defendants for, among other things, breach of contract and fraud. Defendants petitioned to compel arbitration, alleging the existence of a written agreement to arbitrate. The Orange County Superior Court, California, denied defendants' petition, finding that the petition failed to satisfy the requirements of Code Civ. Proc., § 1281.2. Defendants appealed.

 

Overview

The complaint alleged that plaintiffs entered into four separate but identical agreements with defendants for the development of an orthopedic spinal medical device. The court concluded that defendants' petition to compel arbitration was properly denied because defendants failed to affirmatively allege the existence of a written agreement to arbitrate. Defendants failed to satisfy the most basic statutory prerequisite to granting the petition - to allege the existence of a written agreement to arbitrate. Children Abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child without any regard for the child's. Defendants could not rely on the allegations in the complaint to meet their pleading burden. Although defendants contended that the denial of their petition to compel arbitration was improper, at least in part, because they did not deny the existence of a written agreement with one of the surgeons, this argument failed for two reasons. First, defendants did not affirmatively allege a written agreement with this surgeon. Second, defendants' memorandum in support of their petition to compel arbitration demonstrated otherwise. Because defendants contested the existence of "any" written agreements with plaintiffs at the trial level, they could not argue otherwise on appeal.

 

Outcome

The order denying defendants' petition to compel arbitration was affirmed.

 


Appellant buyer challenged the decision

Пятница, 22 Октября 2021 г. 08:14 + в цитатник
Procedural Posture: PAGA defense attorneys
Appellant buyer challenged the decision of the Superior Court of Los Angeles County (California), which found in favor of respondent seller in the buyer's action for recission of their contract and restitution of the consideration paid.
 
Overview
Appellant buyer and respondent seller entered into a contract wherein the buyer agreed to purchase a half interest in the seller's cocktail lounge. The parties were going to run the cocktail lounge as a partnership until the buyer had the money to purchase the rest of the business. Pursuant to the parties' agreement, the money was put in an escrow fund. The seller then directed the escrow agent to disburse some of the funds to his creditors. The buyer later filed an action against the seller for rescission and for restitution of the consideration paid. The trial court found in favor of the seller. On review, the court found that Cal. Bus. & Prof. Code §§ 24073 and 24074 were established to protect the interests of creditors of sellers by allowing them to satisfy their claims out of the purchase price. Furthermore, the code protected the buyer in that he could recover from the seller's unjust enrichment. The trial court's decision was reversed insofar as it denied the buyer restitution of any part of the consideration paid, and the trial court was directed to retry the issue of the amount thereof to which he was entitled.
 
Outcome
The trial court's decision that found in favor of respondent seller was reversed and remanded. Appellant seller was entitled to recision of the parties' contract as well as restitution regarding consideration that was already paid because there was a mutual recission of the contract.
 

Superior Court of Orange County, California

Четверг, 21 Октября 2021 г. 14:27 + в цитатник

Procedural Posture: Los Angeles business litigation attorneys

Plaintiff homeowners appealed an order of the Superior Court of Orange County, California, granting defendant homeowners association's Code Civ. Proc., § 425.16, motion to strike the complaint, which asserted causes of action for breach of contract, declaratory relief, nuisance, breach of the implied covenant of good faith and fair dealing, violations of Civ. Code, § 1378, and Bus. & Prof. Code, § 17200, and breach of fiduciary duty.

Overview

The court agreed with the homeowners that the trial court erred in construing all matters in connection with a homeowners association's application of architectural guidelines as matters to which § 425.16 applied. Not every mundane communication between a homeowners association and a homeowner gave rise to a freedom of speech issue. Section 425.16, subd. (e)(4), did not come into play unless the right of free speech or the right to petition was involved. The cause of action itself had to be based on the speech or petitioning activity. If neither of those rights was at stake, § 425.16, subd. (e)(4), was inapplicable, irrespective of whether the subject of the dispute might otherwise be a matter of public interest. In the instant case, the act of putting demands concerning conditions, covenants, and restrictions compliance in writing gave rise to breach of contract and other causes of action that did not raise free speech concerns. Consequently, the trial court erred in granting the association's motion because the association's actions that formed the basis of the homeowners' causes of action were not undertaken in furtherance of the association's right of free speech.

Outcome

The court reversed the order.


Superior Court of the City and County of San Francisco (California)

Четверг, 21 Октября 2021 г. 14:25 + в цитатник

Procedural Posture: EEOC defense attorney

Plaintiff sales agent appealed the judgment of the Superior Court of the City and County of San Francisco (California), which found in favor of defendant broadcasting corporation. The sales agent filed an action against the broadcasting corporation to recover damages for the corporation's alleged breach of the agent's employment contract.

Overview

The agent filed an action against the corporation to recover commissions on an alleged contract for personal services and to recover damages for the corporation's breach of contract. The court issued a subsequent judgment in the corporation's favor. The court affirmed the judgment of the trial court. The court noted that the trial court did not commit prejudicial error when it admitted testimony of the corporation's president about the meaning of the words "resell and renew" in the agent's contract. The court further noted that the trial court did not commit prejudicial error when it rejected the agent's offer of proof of the customary meaning of such works. The court determined that the purpose of the agent's inquiry was to show a custom or usage contrary to the express language of the written contract. The court noted that usage was never admissible, except as an instrument of interpretation. The court recognized that the terms of a written contract could not be varied by parol proof of a custom where the contract was certain in its terms.

Outcome

The court affirmed the trial court's judgment.


Superior Court of Siskiyou County

Четверг, 21 Октября 2021 г. 14:18 + в цитатник

Procedural Posture: EEOC defense attorney

Defendant lessee appealed an order refusing him a new trial and a judgment from the Superior Court of Siskiyou County (California) that awarded damages to plaintiff lessor for the breach by the lessee of a written lease contract by which the lessee acquired the right to farm on land owned by the lessor provided that the lessee purchased certain equipment and built a barn on the premises.

Overview

The lessee claimed that there was insufficient evidence to support the findings of fact by the trial court which determined that the lessee had breached the terms of the lease contract by failing to purchase the farm equipment and build the barn required by the lease. The court determined the lessor had requested the lessee to purchase the required equipment on a number of occasions, but the lessee refused to do so. The court also determined that the barn was not built by the lessee as required. The court held that there was sufficient evidence to support the trial court's findings and the damages awarded to the lessor. The court also held that the lessee was not entitled to the liquidated damages provided under the terms of the contract for the lessor's cancellation of the lease contract when the cancellation was caused by the lessee's breach of the contract.

Outcome

The court affirmed the order of the trial court that denied the lessee a new trial and the trial court's judgment that awarded the lessor damages against the lessee.



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