Forcing involuntary behavior in another
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Customer aggression is an issue no retailer wants to face, yet it's becoming an increasing challenge across the industry. From verbal abuse to physical threats, frontline staff are dealing with alarming incidents that impact their safety and wellbeing. Joining us on Retail Therapy is Alex Staley, Chief Corporate Affairs and Sustainability Officer at Kmart. With extensive experience in retail leadership at Officeworks, IKEA, Mitre10, and Kmart, Alex has been at the forefront of addressing customer aggression and implementing staff safety measures. This episode explores: The rise of customer aggression—what's driving this concerning trend? The emotional toll on retail workers and how businesses can support them Practical safety measures—from Duress alarms to body cameras How small businesses can protect staff, even with limited resources The role of law enforcement and government campaigns in tackling this issue With firsthand insights from one of retail's leading voices, this conversation is a must-listen for anyone invested in creating safer retail environments.
How do you stay positive under duress? It doesn't matter how adventurous, fit, risk tolerant or determined you are. At some point, you will find yourself in a situation where it becomes hard to stay positive or even to find the will to keep going. It could be as simple as sitting on a cold wet chairlift, riding your bike on a long climb that feels endless or out on a hike that seems to go on forever.Joining us in this episode to explore how we can effectively manage our mental state in the face of discomfort is Cyril Derreamaux. Cyril is a long-distance solo kayaker, adventurer and speaker.Cyril has just completed solo kayaking, unassisted across the Atlantic Ocean on his way from the Canary Islands to Martinique. This 3000-mile journey took Cyril 71 days, 14 hours and 57 minutes.Cyril has also paddled his custom-made kayak solo from California to Hawaii. This is a trip that took him 91 days which he completed in 2022.Cyril is a two-time World Record Holder who has several other long-distance trips under his belt including being part of a four-member rowing team that also paddled from California to Hawaii.Cyril is an epic speaker and is perhaps one of the most passionate guests we have had on our show and he offers some excellent advice!Key TakeawaysHow do you maintain a positive mindset in the face of adversity:Self-Awareness: If we want to coach ourselves, we need to be able to recognize when our discomfort is becoming an anchor that is dragging us down and what is needed to push us forward.Being the Self Critic: Requires us to ask ourselves if the pattern of behaviour that we have is good or bad. For example, is how we feel negatively impacting our performance and becoming a barrier to success?Getting a Third-party Opinion: This means asking others for their feedback. Sometimes we need to reach outside ourselves to get an objective assessment of how we are doing. This can involve asking our friends, colleagues or even feeling out our guests.Reframing: This involves confronting the situation in a way that helps us to change our perception from something that might be negative to something that is more positive. This can help us to adapt more effectively mentally.Adapt and Execute: Means putting all of this into action and moving forward. Once we recognize this, we can start to take steps to manage our mental and emotional state so that we can better cope with our situation and keep us going in the direction that we need to be headed.Guest BioFrench born, now American citizen, Cyril Derreumaux considers himself a citizen of the world. Fluent speaker of 6 languages (and counting!) Cyril is attracted to learning and discovering new cultures and places all the time.This natural curiosity of people and places led Cyril to backpack around the world at 25 for one year. With $7,000 and a can-do attitude Cyril embarked on this life changing experience that permanently changed his outlook on life and how he wanted to live it.A move to California following his profession in the wine business led Cyril to begin exploring the world of outrigger canoeing and kayaking and reignited a childhood passion for windsurfing and all things water related. He soon began pushing his limits further and further in ultra-endurance water events. A serendipitous find of the Great Pacific Race which advertised “you don't need to be a rower to row an ocean” led Cyril to embark on his biggest challenge at the time, rowing in a team of 4 men from California to Hawaii which resulted in in a Guinness Record for the fastest ocean rowing crossing of a team in 39 days and again changing Cyril's perspective on what was possible.Always a dreamer, Cyril soon found himself thinking about his next expedition. Inspired by the stories of maverick ocean explorers, Cyril began to...
As if... you won't want to miss this one! Join us as we dive into Amy Heckerling's Clueless, navigating high school hierarchies, makeover montages, and the eternal debate over whether it's better to be a Betty or a Baldwin. Did you enjoy the episode? Don't forget to hit that subscribe button and join us for more retro movie discussions! Want even more? Get bonus content and connect with us directly by supporting the show on Patreon. For additional episodes and exclusive insights, head to www.30podcast.com. And if you love what you hear, leave us a glowing review on your favorite podcast app—especially Apple Podcasts. Your support keeps the show going!
As you will have heard on many previous episodes of the podcast, with Marie Battiste, Carl Mika, Wakanyi Hoffman, Vanessa Andreotti and others, understanding the ways in which our colonial schooling systems have propogated one particular way of knowing our world, and excluded and often violently suppressed many others is something that I care deeply about. For me, it has to be a key part of any transformative work that we do to, with humility and curiosity, to reorient education systems. But in order to do this, we need people who are able to gather and convene the critical conversations that put these ways of knowing in dialogue with each other. It is therefore the greatest honour to have Professor Catherine Odora Hoppers joining me on the podcast this week. For her entire career Dr Hoppers has been at the forefront of facilitating these vital conversations. In post-Apartheid South Africa, she designed and enabled the process that led to the first national policy on the recognition, development and protection of indigenous knowledge systems. Professor Catherine Odora Hoppers is a scholar and policy specialist on International Development, education, North-South questions, disarmament, peace, and human security. She is a UNESCO expert in basic education, lifelong learning, information systems and on Science and Society; an expert in disarmament at the UN Department of Disarmament Affairs; an expert to the World Economic Forum on benefit sharing and value addition protocols; and the World Intellectual Property Organisation on traditional knowledge and community intellectual property rights.She got a Masters and PhD in International Education from Stockholm University, Sweden. In South Africa, Professor Hoppers was awarded Professor Extraordinarius in 2019 at University of South Africa (Pretoria). She held a South African Research Chair in Development Education at the University of South Africa (2008-2018). Prior to that, she was a technical adviser on Indigenous Knowledge Systems to the Parliamentary Portfolio Committee on Arts, Culture, Science and Technology (South Africa) and led the Task Team to draft the national policy on Indigenous Knowledge Systems. She is a member of the Academy of Science of South Africa (ASSAf, 2002), and was a member of the Academy of Science Special Panel on the Future of Humanities (South Africa).She was the Goodwill Ambassador for Makerere University in Kampala Uganda; and Ambassador for Non-Violence at the Durban Universities' International Centre for Non-Violence. In July 2015, she received the Nelson Mandela Distinguished Africanist Award from HE Thabo Mbeki for her pursuit of the total liberation for the African continent through the promotion of Indigenous Knowledge Systems of Education and in the same year, Prof Hoppers was awarded “Woman of the Year” by the University of South Africa, and was named as a “Leading Educationist” and was honoured in the Gallery of Leadership as the 63 most influential people who have shaped Unisa since its inception in 1873, in a permanent exhibition in Kgorong Building in UNISA. In 2017, Professor Hoppers received the distinction from UNESCO as an Honorary Fellow in Lifelong learning. She is the Founder and Director, Global Institute for Applied Governance in Science, Knowledge Systems and Innovations (https://www.giagsi-ug.org/the-faculty/). She held a Professorship in Education at Gulu University (Uganda) and is now the Canada Research Chair in Transdisciplinarity, Cognitive Justice and Education as part of the Pluralism Strategy Initiative at the University of Calgary (https://www.ucalgary.ca/pluralism/scholars-educators-researchers).She is the author of many important works including the book, Rethinking Thinking: Modernity's "other" and the Transformation of the University with the late Prof. Howard Richards.https://scholar.google.com/citations?user=qWEKG-QAAAAJ&hl=en
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It's our weekly round up! The best of the week from our National radio show THE PICKUP. Every week we live across the country at 3pm on the KIIS Network. You can listen live on iHeart radio, or catch up here each week!For more follow @THEPICKUP on socials. What's on the show: Have Hen's Parties gotten out of control? Reggie Bird joins the show to chat about I'm A Celeb Britt & Laura unpack the leaked MAFS contract Laura accidentally caused a building-wide emergency Ask Uncut: Alex has feelings for her boss, should she act on them? What did you learn about your partner AFTER you moved in together? Tori Spelling is in trouble for paying her kid to massage her You can watch us on Youtube Find us on Instagram Join us on tiktokSee omnystudio.com/listener for privacy information.
Reggie Bird joined the show to chat about her time in the I'm A Celeb Jungle, Britt & Laura break down the leaked Married At First Sight contracts, and Laura accidentally caused a workplace emergency. See omnystudio.com/listener for privacy information.
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The lecture covers defenses to crimes and an introduction to criminal procedure, focusing on the Fourth Amendment. Defenses to Crimes: Capacity Defenses include insanity, infancy, and intoxication. Insanity involves not understanding actions or right from wrong, using tests like the M'Naghten Rule, Irresistible Impulse Test, Durham Rule, and Model Penal Code Test. Infancy recognizes that minors lack criminal intent, with different age classifications. Intoxication is generally not a defense, except for involuntary intoxication or for negating specific intent crimes. Justification/Excuse Defenses include self-defense, defense of others, duress, necessity, and entrapment. Self-defense involves using proportional force against imminent harm, sometimes with a duty to retreat. Defense of others is similar to self-defense, sometimes using the "alter ego rule" or "reasonable belief" standard. Duress involves committing a crime under immediate threat of harm, but is not a defense to murder. Necessity involves committing a crime to prevent greater harm when there is no other reasonable alternative. * Entrapment is when law enforcement induces a crime that a person would not otherwise commit. Criminal Procedure: The Fourth Amendment protects against unreasonable searches and seizures. Most searches require a warrant based on probable cause. Exceptions to the warrant requirement include search incident to arrest, exigent circumstances, consent searches, the automobile exception, plain view doctrine, and border & administrative searches. The Exclusionary Rule makes illegally obtained evidence inadmissible in court. The Fruit of the Poisonous Tree doctrine extends this to evidence derived from an illegal search, with some exceptions. The lecture serves as an introduction to defenses and the Fourth Amendment. The following lecture will discuss the Fifth and Sixth Amendment protections.
Send us a message!This week, we dive into the storyline, unraveling the intricate dynamics of characters along with the themes of trust and trauma. We explore evolving relationships, particularly romantic tensions, and how these reflect deeper emotional struggles. We examine Tanith's past more closely, revealing how her trauma shapes her actions. We discuss tough decisions made under pressure, the allure of cults, and themes of redemption and sacrifice. Now, let us navigate insurrection, teamwork, and the emergence of unexpected connections among characters in light of current events. Don't miss this rollercoaster of emotions, revelations, and discussions! Music is by Alexander Nakarada.Support the show
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Introduction to Contract Law: Contract law deals with legally binding promises. It establishes which promises are enforceable and how courts will handle breaches of those promises. Understanding contract law is essential in many areas of legal practice. Formation of a Valid Contract: A valid contract generally requires three elements: Offer: An offer is a clear expression of willingness to enter into a bargain, which justifies the other party's belief that their agreement will finalize the deal. It must be definite and certain, and a reasonable person would interpret it as an intent to be bound upon acceptance. Advertisements are generally not considered offers, but invitations to deal, unless they are very specific. Offers can be terminated by revocation, rejection, counteroffer, time lapse or operation of law. Acceptance: Acceptance is the offeree's agreement to the terms of the offer. Under common law, the acceptance must mirror the offer exactly. The Mailbox Rule generally states that acceptance is effective upon dispatch, unless otherwise specified in the offer. Acceptance must be communicated, except in special cases where silent acceptance is justified. Consideration: Consideration is a "bargained-for exchange of legal value". Each party must promise or do something they are not already legally obligated to do. The Preexisting Duty Rule states that performing an existing obligation is not sufficient consideration, with some exceptions. Promissory estoppel can sometimes enforce a promise even without traditional consideration, if one party relies on that promise to their detriment. Enforceability Defenses: Even with offer, acceptance, and consideration, certain defenses can render a contract void or voidable: Statute of Frauds: Certain contracts must be in writing to be enforceable. These include contracts related to: Marriage Year: Contracts that can't be completed within one year Land: Contracts involving the transfer of interest in real property Executors: Promises by an executor to pay a decedent's debt with personal funds Goods: Contracts for the sale of goods over $500 Suretyship: Promises to pay another's debt Capacity: Parties must have legal competence to enter a contract: Minors: Contracts with minors are generally voidable by the minor. Mental Incapacity: Contracts can be void or voidable if a party lacks the mental capacity to understand the transaction. Intoxication: Contracts can be voidable if a party is so intoxicated they can't understand the agreement, and the other party knows it. Illegality and Public Policy: Contracts with illegal subject matter or those that violate public policy are void. Misrepresentation, Fraud, Duress, and Undue Influence: Misrepresentation and Fraud: False statements can be a defense, with fraud being an intentional falsehood. Duress: Contracts formed under threat or pressure are voidable. Economic duress can also apply. Undue Influence: If there is a relationship of trust or dominance, taking advantage of the other party can be undue influence. Putting It All Together: Contract analysis involves a step-by-step approach: identify offer, acceptance, and consideration, then check for defenses. If a contract is valid, it then can be assessed for breach and remedies. Examples and Illustrations: The lecture provides examples to illustrate key concepts: Scenario A shows how a counteroffer terminates the original offer. Scenario B demonstrates how a minor can disaffirm a contract. Scenario C shows how partial performance can create an exception to the Statute of Frauds. Day One Conclusion and Preview: The lecture concludes by summarizing the elements of contract formation and key defenses. Day Two will discuss performance, breach, and remedies.
Lecture 1 I. Introduction to Contract Law Good morning! Welcome to our three-day deep dive into Contract Law. Over the next three sessions, we will examine every major aspect needed to pass a law school exam or bar exam question on contracts. Today, we'll focus on the foundations of contract law, including formation (offer, acceptance, consideration) and defenses to enforceability. A. Definition and Importance of Contracts A contract is a legally enforceable agreement between two or more parties. Contracts allow parties to confidently arrange transactions, plan for the future, and allocate risk. II. Formation of a Contract Contract formation centers on offer, acceptance, and consideration. Offer An offer is a manifestation of willingness to enter into a bargain, justifying another in believing that their assent will conclude the deal. Must be sufficiently definite and certain. Offers can be terminated by revocation, rejection or counteroffer, lapse of time, or operation of law (e.g., death of offeror before acceptance). Acceptance Acceptance is the offeree's unambiguous assent to the terms of the offer. Common Law Mirror Image Rule: Acceptance must match the offer precisely; otherwise, it's a counteroffer. Mailbox Rule: Acceptance is generally effective upon dispatch if correctly mailed or transmitted. UCC 2-207 (Battle of the Forms) relaxes the mirror image rule for the sale of goods. Consideration Consideration requires a bargained-for exchange of legal value or detriment. Gifts and past actions typically do not constitute consideration. Preexisting Duty Rule: A promise to do what one is already obligated to do is not valid consideration (exceptions: unforeseen difficulties, mutual modifications under the UCC, etc.). Promissory Estoppel can make certain promises enforceable even without consideration if the promisee justifiably relied on the promise to their detriment. III. Enforceability and Defenses Even if a contract appears valid, certain defenses may render it unenforceable or voidable: Statute of Frauds (SoF) Certain contracts (e.g., for land interests, goods over $500) must be in writing and signed by the party to be charged. Exceptions include part performance, specially manufactured goods, or reliance where injustice can be avoided only by enforcement. Capacity Minors: Contracts with minors are usually voidable by the minor. Mental Incapacity: Contracts can be voidable if a party cannot understand the nature of the transaction. Intoxication: A party significantly impaired may void the contract if the other had reason to know. Illegality and Public Policy Contracts for an illegal purpose (e.g., illicit gambling) are void. Some contracts violating public policy (e.g., overly broad non-competes) may be unenforceable. Misrepresentation, Fraud, Duress, Undue Influence Misrepresentation/Fraud: False statements or intentional deception that induces another to contract. Duress: Agreement obtained through improper threats or harm. Undue Influence: Unfair persuasion by a dominant party over a vulnerable party.
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Mike and Lanny work to steer the Spike Colony ship back to port with the help of Lobstercon quarterfinalist Andy Levine. Andy joins us to talk playtesting and discuss thoughts on the recently released matchup matrix from the Duress crew at data.duresscrew.com LOVE, SPIKE COLONY Check out the Premodern Tier List: https://spikecolony.com/tierlist/ Check out the latest on Youtube: https://www.youtube.com/@lannynyny Support Spike Colony on Ko-Fi: https://ko-fi.com/spikecolony
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Defenses and Key Concepts I. Foundations of Enforceability: Capacity and Legality A contract's enforceability rests on the parties' legal capacity and the agreement's lawful purpose. A. Legal Capacity Minors: Generally, contracts with minors (under 18) are voidable at the minor's discretion. Exceptions exist for necessities (food, shelter, medical care). Ratification upon reaching the age of majority makes the contract binding. Mental Incapacity: Individuals lacking mental capacity to understand the contract can render it void or voidable. Intoxication: Contracts signed under heavy intoxication, known to the other party, might be voidable. B. Legality Contracts Contrary to Statute: Agreements violating laws (e.g., illegal gambling, usurious interest rates) are unenforceable. Contracts Contrary to Public Policy: Contracts against public policy are void, including those with unreasonable restraints on trade (e.g., overly restrictive non-compete clauses) or unconscionable terms. II. Challenging Consent: Mistakes, Misrepresentation, Duress, and Undue Influence Defenses can arise from issues during contract formation, affecting the genuineness of consent. A. Mistake Mutual Mistake: A mistake by both parties on a material fact can void the contract. Unilateral Mistake: A mistake by one party usually doesn't void the contract unless the other party knew or should have known. B. Misrepresentation Fraudulent Misrepresentation: Intentional lies about material facts inducing the contract allow rescission and potential damages. Innocent Misrepresentation: Unknowing misrepresentation allows contract voiding but may not lead to damages. C. Duress: Forced consent through threats (physical, emotional, economic) makes the contract voidable. D. Undue Influence: Unfair influence based on a relationship of trust, leading to an advantageous contract for the influencer, makes the contract voidable. III. Maintaining Integrity: Statute of Frauds and Parol Evidence Rule A. Statute of Frauds: Certain contracts (e.g., marriage, land, one-year completion, debt of another, goods over $500) must be in writing to be enforceable. "Imagine an employment contract for two years. Because it cannot be completed within one year, it must be in writing to be enforceable." B. Parol Evidence Rule: External evidence cannot alter a fully written contract's terms unless exceptions apply (e.g., fraud, mistake, ambiguity). Key Takeaways: Capacity, legality, and genuine consent are crucial for contract enforceability. Defenses protect against unfair or invalid contracts. The Statute of Frauds and Parol Evidence Rule ensure clarity and prevent fraudulent claims. Understanding these defenses and evidentiary rules is essential for legal practice. This briefing provides a concise overview of key defenses and concepts in contract law. It is important to consult legal professionals for specific legal advice. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
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Criminal Law - Week 2 Lecture Main Themes: This lecture focuses on the crucial elements of criminal liability, primarily causation and defenses. It delves into the different types of defenses, categorizing them as justifications and excuses, and provides a detailed explanation of each, including relevant case law examples. Most Important Ideas and Facts: 1. Causation: Factual Causation: This establishes the basic link between the defendant's action and the harm. The 'but for' test is employed, asking whether the harm would have occurred "but for" the defendant's conduct. Example: "if an individual fires a gun and causes another person's death, factual causation is established because, but for the act of shooting, the death would not have occurred." Proximate (Legal) Causation: This goes beyond factual causation, assessing whether it's fair and just to hold the defendant liable. This involves considering foreseeability and intervening acts. Example: If a driver runs a red light causing a chain reaction resulting in a distant vehicle catching fire, "the chain of causation might be considered too remote for the original driver to be held criminally liable for that death." 2. Types of Defenses: Justifications: The act was technically unlawful but acceptable under the circumstances, focusing on the rightness of the act. Self-Defense: Using reasonable force to protect oneself from imminent harm. Defense of Others: Using reasonable force to protect another person facing a threat. Necessity: Breaking the law to prevent a greater harm, choosing the "lesser of two evils." Excuses: The act was unlawful, but the defendant should not be held fully accountable due to personal circumstances, focusing on the individual. Insanity: Mental illness preventing the understanding of the nature or wrongfulness of actions. Tests used include the M'Naghten Rule, Irresistible Impulse Test, and the Model Penal Code (MPC) Test. Duress: Being forced to commit a crime under immediate threat of harm. Consent: Victim's informed and voluntary agreement negating criminal liability in specific situations. Infancy: Individuals too young to understand consequences of their actions. 3. Key Concepts Within Defenses: Self-Defense and Defense of Others: Requires imminence of threat, proportionality of force used, and in some jurisdictions, a duty to retreat. Stand Your Ground laws offer an exception to the duty to retreat. Insanity Defense: Rarely successful and requires substantial evidence, often leading to commitment to a mental institution rather than release. Different tests, like the M'Naghten Rule and the Irresistible Impulse Test, are used to assess legal insanity. Duress, Necessity, and Consent: Duress involves immediate threat and lack of reasonable escape. Necessity involves choosing the lesser evil to prevent greater harm. Consent is valid only when informed, voluntary, and within the boundaries of the law. 4. Relevant Case Law Examples: People Vs. Goetz: Highlights the complexities of self-defense, especially concerning reasonableness and subjective fear. Durham Vs. U.S.: Introduced the Durham Rule, broadening the scope of the insanity defense by considering mental illness's role in the defendant's actions. State Vs. Toscano: Explores the limits of duress defense, focusing on the immediacy of the threat and the availability of alternatives. Conclusion: This lecture emphasizes the interplay between establishing criminal liability through causation and the application of various defenses to potentially negate that liability. It provides a comprehensive overview of the types of defenses, their requirements, and limitations, illustrated with key case law examples. The lecture successfully highlights the complexities and nuances inherent in criminal law, balancing accountability with fairness and justice. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
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The planet's predominant superpower prides itself on its rules-based order and a constitution that codifies and sets in stone the transfer of power through the ballot box; a model and values that the United States tries to impose on the world scene. But for all the laws, all the rules, there is also Mao's line about political legitimacy, that "political power grows out of the barrel of a gun." With the election of Donald Trump and the January 6, 2021 storming of the US Capitol, America deviated from the traditional left versus right divide. Now, five days out from an election that's too close to call, could that model change again?We ask about the security and legitimacy of a process that has already begun, with 60 million ballots cast in early voting.Could the model of governance really change inside the nation that's home to Wall Street and Silicon Valley, that has kept the peace inside NATO, that defends South Korea and patrols the Pacific? If so, what's the plan for the rest of the planet?Produced by Rebecca Gnignati, Elena Colonna and Ilayda Habip.
Michael gets sandblasted by a pile-up of Swervies in full flight.. Audio Clippies: Duress - SWERVEDRIVER The Birds - SWERVEDRIVER How Does It Feel to Look Like Candy? - SWERVEDRIVER Blowin' Cool - SWERVEDRIVER Do You Know the Way to San Jose? - Dionne Warwick https://swervedriver.bandcamp.com/music
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Malcolm, Lou, & Jazz discuss Patrennessy, drunk women beating up men, their behavior during arguments, why men pursue women and then lose interest, being with someone who has split personalities, and phrases to let people know we're a hostageSupport the show
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Watch clips on YouTube! Subscribe to the FIRST THINGS FIRST YOUTUBE CHANNEL Who does Chris Broussard believe is under duress heading into Week 5 of the NFL season? Check out the latest BUD List to find out! Learn more about your ad choices. Visit megaphone.fm/adchoices
Watch clips on YouTube! Subscribe to the FIRST THINGS FIRST YOUTUBE CHANNEL Who does Chris Broussard believe is under duress this week? Check out the latest BUD List to find out! Learn more about your ad choices. Visit megaphone.fm/adchoices
The Parol Evidence Rule in Contract Law "The Parol Evidence Rule in Contract Law: A Deep Dive." Central Theme: The Parol Evidence Rule governs the admissibility of evidence outside a written contract in disputes. It aims to uphold the sanctity of written agreements while acknowledging certain exceptions for fairness and clarity. Key Concepts: Purpose: The rule prevents parties from modifying a final written contract using prior agreements or oral statements that contradict its terms. Application: It's crucial in disputes where one party claims the written contract doesn't reflect the complete agreement. Integration: Fully Integrated Contract: Represents the complete agreement; parol evidence generally inadmissible to modify its terms. Partially Integrated Contract: Contains essential terms but not all details; parol evidence may clarify ambiguities but not contradict written terms. Purpose of Evidence: Evidence intended to clarify ambiguous terms is more likely to be admitted than evidence seeking to add to or contradict a fully integrated contract. Exceptions: Ambiguity: Evidence clarifies unclear terms. Fraud, Duress, Mistake: Evidence proves the contract was invalid from its inception. Condition Precedent: Evidence proves an oral condition had to be met before the contract's effectiveness. Landmark Cases: Masterson v. Sine: Allowed extrinsic evidence to determine if a contract was fully integrated, especially if ambiguous. Pacific Gas & Electric Co. v. G.W. Thomas Drayage & Rigging Co.: Allowed extrinsic evidence to interpret terms within the context of the parties' intentions, even if the contract seemed unambiguous. Contract Drafting: Careful drafting, particularly using merger/integration clauses, helps prevent future disputes by clearly stating the written document's finality. Litigation Strategy: The rule is a tool to challenge or admit evidence, depending on the party's goals. Common Law vs. UCC: Common Law: Favors the written contract; parol evidence is admissible mainly in exceptional circumstances. UCC: More flexible, allowing evidence of course of performance, course of dealing, and trade usage to supplement or interpret contracts, even if fully integrated, as long as it doesn't contradict the writing. Ambiguity and Context: The rule interacts with rules of contract interpretation, using parol evidence to resolve latent (hidden) and patent (obvious) ambiguities. Related Doctrines: Collateral Agreements: Separate agreements related to but distinct from the main contract may be admissible. Course of Performance/Conduct: Parties' actions during contract performance can clarify ambiguous terms. Important Quotes: "The Parol Evidence Rule is a foundational doctrine in contract law, governing the admissibility of evidence outside of a written contract to interpret, modify, or challenge its terms." "A well-drafted integration clause (also known as a merger clause) in the contract can make it clear that the document is intended to be fully integrated." "The UCC takes a more flexible approach to the Parol Evidence Rule." Conclusion: The Parol Evidence Rule maintains a delicate balance between upholding written agreements and ensuring fairness by considering external context. Understanding its nuances is vital for legal professionals in drafting, interpreting, and litigating contracts. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
Here's a highlight from yesterday's First Things First episode to start your morning! Who is under duress this week? Check out Chris Broussard's latest BUD List to find out. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this interview, Anthony Guerra, Founder and Editor-in-Chief of healthsystemsCIO, sits down with Don Seamons, Research Director for Patient Accounting & RTLS at KLAS, and Dallin Seely, Insights Manager at KLAS, to delve into the dynamic world of Real-Time Location Systems (RTLS) in healthcare. With technology constantly evolving, Anthony explores how RTLS, a critical tool […] Source: New RTLS Use Case of Staff Duress Joins Old Standard of Asset Tracking, Say KLAS Researchers on healthsystemcio.com - healthsystemCIO.com is the sole online-only publication dedicated to exclusively and comprehensively serving the information needs of healthcare CIOs.
Today's Talmud pages, Bava Batra 40 and 41, teach us the concept of the Moda'a, a difficult legal tool that allows someone forced to do something under duress a way out of a bad situation. Why did the rabbis question whether this tool might also invalidate the entirety of the Torah? Listen and find out. Like the show? Subscribe to our weekly newsletter. Send us a note at takeone@tabletmag.com. Follow us on Twitter at @takeonedafyomi and join the conversation in the Take One Facebook group. We think that you may also enjoy Liel's new book How the Talmud Can Change Your Life: Surprisingly Modern Advice from a Very Old Book, available directly from the publisher, or wherever you purchase books. Listen to the Testimonies Archive, a partnership between Tablet Studios and the USC Shoah Foundation, for eyewitness audio accounts from Israel in the wake of the Oct 7 Hamas attacks. Check out all of Tablet's podcasts at tabletmag.com/podcasts.
Send us a Text Message.Lou tells about living in a garage growing up, smoking cigarettes while watching Scooby Doo AND by age 11 seeing someone stabbed along with women beaten by pimps. He then recalls the moment he knew he wanted to be a police officer along with what pushed him to serve in US Army. If you have seen the movie, “Colors” featuring Robert Duvall and Sean Penn. Lou was like Penn's character in real life with the Arizona State Gang Task Force. Being undercover forced him to grow up. Lou admits being addicted to the rush of this position. What is the difficulty of not allowing a criminal to dictate the pace of an investigation? A graphic story of the extent drug dealers will go to hide drugs and get them to their destination. Complacency can not only get you hurt but killed, Lou retired medically after sustaining career ending injuries during an undercover assignment. His PTSD went deep and dark, Lou explains all he went through, what he found to help get past it, and what he does today. Traumatic experiences that law enforcement face and their difficulty managing them. As an entrepreneur, what did he do with that garage he lived in as a child? Being an actor, his own series; “Duress” and being in Jay Dobyn's short film; “Big Red Friday.” Pimber's thoughts on what leads to success, what breaking badly means to him, losing his identity, and did he write the book for him or others? COPLINE, what it is and how it serves officers. Lou Pimber Links:Official Website: https://loupimber.com/Buy Breaking Badly: https://www.amazon.com/dp/B0C47PN5XX/Watch DURESS: https://www.youtube.com/watch?v=BdVSmx5eEYAWatch Big Red Friday: https://www.youtube.com/watch?v=Jl9p48liC0ICOPLINE: https://www.copline.org/about/who-we-areLou Pimber YouTube: https://www.youtube.com/@LouPimber Before the Lights Links:Hire Tommy to Speak: https://www.beforethelightspod.com/public-speakingBecome a BTL Member: https://www.beforethelightspod.com/supportBefore the Lights Website: https://www.beforethelightspod.com/Get Tommy a Glass of Vino: https://www.buymeacoffee.com/beforethelightsSupport the Show.Follow the show on Instagram: https://www.instagram.com/beforethelightspodcast/Follow the show on Face Book: https://www.facebook.com/beforethelightspodcast/Follow the show on Tik Tok: https://www.tiktok.com/@beforethelightspodcast?lang=enFollow Tommy on Face Book: https://www.facebook.com/tcanale3Rate & Review: https://podcasts.apple.com/us/podcast/before-the-lights/id1501245041Email the host: beforethelightspod@gmail.com
Welcome back Pauper fam! This week no Thomas as he is traveling for some well deserved relax time, drive safe! The show continues with Cameron and Hippo talking about a Pauper local Cameron played in with Rakdos Madness burn. Rakdos Madness is compared to Phoenix this episode because of the card Sneaky Snacker. At heart this deck is still a burn deck that focuses on putting your opponents life total to zero while padding your life with drain spells. Lots of fun to be had!Paupergeddon Rakdos winning list Cameron played (minus Trespasser's Curse added Duress) https://mtgdecks.net/Pauper/rakdos-burn-decklist-by-filippo-pezza-2102753Any questions for us? Email them to commongroundmtgpod@gmail.comFollow Cameron, Thomas, and James on twitter https://twitter.com/CamPlaysMagichttps://twitter.com/ThomasDoesALothttps://twitter.com/Hippo_1124
How to Split a Toaster: A divorce podcast about saving your relationships
In this episode of How to Split a Toaster, Seth Nelson and Pete Wright dive into the world of prenuptial agreements with legendary Florida attorney Charles Jamison. They explore how prenups can help keep your divorce amicable and costs down. Charles shares his expertise on crafting the "unbreakable prenup" and provides valuable insights into navigating this complex legal territory.Seth, Pete, and Charles discuss the essential components of a well-drafted prenup, including proper signing procedures, full financial disclosure, and fair negotiation. They emphasize how a carefully constructed agreement can protect both parties and minimize conflicts during a divorce. The conversation also touches on postnuptial agreements and how they can help alleviate financial stressors in a marriage.Questions we answer in this episode:• What makes a prenup "unbreakable"?• How can a prenup help keep divorce costs down?• When should you consider a postnuptial agreement?Key Takeaways:• Ensure your prenup is properly signed and witnessed• Provide full financial disclosure to protect both parties• Negotiate fairly to create a more unassailable agreementThroughout the episode, Seth and Charles offer practical advice and relatable examples to help listeners understand the importance of prenups in modern marriages. Whether you're considering a prenup or facing a divorce, this episode provides valuable information to help you navigate the process with greater clarity and confidence.Links & NotesCharles on the WebCharles on LinkedIn, Twitter, Instagram, and FacebookSchedule a consult with SethGot a question you want to ask on the show? Click here! (00:00) - Welcome to How to Split a Toaster (00:26) - Meet Charles Jamieson (01:14) - Pre-Nuptial Agreements (02:36) - The UPAA (05:13) - Dos and Don'ts (09:41) - Bifurcating the Trial (10:56) - Coercion or Duress (13:35) - Full Disclosure (19:47) - Protecting Yourself (20:49) - Post-Nups (22:44) - Has It Changed Over Time? (23:50) - Difficult Negotiation (25:56) - Valuing (29:32) - Alimony (33:37) - Minimum $ Before Needing One? (35:54) - Finding Charles (36:26) - Wrap Up
On today's Bible Answer Man broadcast (05/15/24), Hank answers the following questions:What is God's will for non-Christians? Stephen - Louisville, KT (0:49)In light of Luke 12:8-9, what are the consequences if a Christian were to deny Jesus at gunpoint? Larry - Long Beach, CA (2:45)Is it okay for Christians to drink alcohol? Jim - Chesapeake, VA (8:19)If a person has confessed Christ and is living in unrepentant homosexuality, will that person go to heaven? Greg - Shawnee, OK (15:11)Why did God allow Satan to tempt Eve to eat the forbidden fruit? Carlos - Vineland, NJ (19:26)Can you explain the doctrine of the Trinity? Carlos - Vineland, NJ (23:23)
We are producing the show under-duress given that all of the microphones are out in the studio / Extra electric bill fee is being assessed in SoCal. The technical difficulties have been resolved, and the studio is back up and running thanks to the iHeart engineering team! Sunday (04/21) is the Wiggle Waggle Walk, so come meet the KFI crew, and Amy King (maybe even score a swag bag)! And afterwards tune-in to Steve Gregory on KFI Sunday from 2:00pm – 4:00pm. Active police chase is ongoing in South LA, and we are continuing to pioneer the car chase radio coverage here on KFI!
Picture this: It's the middle of the Israeli summer and the sun is blazing down. Crowds of people are in the streets, banners aloft, voices raised. Protests have erupted over extremely controversial reforms—reforms that sound alarm bells about the very foundations of Israeli democracy. Switch scenes to Chicago, Illinois. A Democratic congresswoman calls Israel a 'racist state.' Fairly swiftly, her colleagues in Washington, DC disavow her words, reaffirming the extraordinarily close but complex U.S.-Israel alliance. In this episode host Ron Steslow and Avi Mayer (Editor-in-Chief of The Jerusalem Post) break down the judicial reforms in Israel, the tinderbox of recent protests, that incendiary “racist state” comment, and the legislative maneuvering that followed—Congress's reaffirmation that yes, we “will always be a staunch partner and supporter of Israel.” Segments to look forward to: (02:00) The importance of the U.S.-Israel relationship for both nations (09:00) Basic overview of how Israel's political system works (13:30) The aggressive push for controversial judicial reform in Israel (24:34) How some of the proposed reforms would limit the power of the Supreme Court (28:20) The crisis that could arise from a standoff between the Knesset and the Supreme Court (31:00) What compromise might look like (35:18) Rep. Pramila Jayapal's remarks that Israel is a “racist state” (42:00) The House of Representatives' resolution reaffirming support for Israel (44:44) Anti-Semitism from across the political spectrum Follow Ron and Avi on X (previously Twitter): https://twitter.com/RonSteslow https://twitter.com/AviMayer Learn more about your ad choices. Visit megaphone.fm/adchoices