#but also like Factually Contractually

[opinionatedavocados]

.

[plushri]

I was clearing out my youtube history and saved, and found puppet history there. I loved buzzfeed unsolved (and Ryan and Shane by proxy) since I was around 14, which is more than half a decade ago now. I have very fond memories of watching it on call with my an old long distance best friend, who is probably the closet friend I've ever had, and how she would laugh at me because of how scared I was. Later on, I would play the mathorons all the time whenever I needed background noise or some nostalgic comfort, and I followed them to their new channel and loved all their shows. The weekly episodes were my little treat between study for my final exams in school.

Anyway, I haven't interacted with them at all since they did an ad for temu and I don't regret or miss it all. I closed the video and unsubscribed as soon as they sponsorship started. Literally haven't thought of them or any of their shows since. Bye bye.

[cieraspendulum]

Hi you may oppose me on my observation, that maybe right now R is avoiding or staying away from S, but I think the pregnancy issue will not die down if he does not outright deny it. In the future, it is still impossible to rule out that R is still connected to S pregnancy issue if it's true because of the previous Go Gala and pap walks and that will continue even if it is said that they will not be seen together again after her implied pregnancy announcement.

If R & K still have contractual obligations given their status in Hollywood, shouldn't they have control, directions and manipulation on how their fake romance narrative is running? Or should they admit it that they have a lack of foresight and due diligence on their part (R&K) and team handlers that they did not see this S move? and for me it can't be said that D won't do such a stunt like that maybe later she will reveal that she and K are married. I think R & K put too much trust on their handlers and I fear that we may never see them happy together admitting they are real couple again. We will only be contend on like bits and pieces what being shared by other people like (C. Hardwick)

Hello! Ciera here. Some of the things you've said, I already thought of. However, knowing how Rob likes to dodge and avoid things he'd rather not answer outright, I feel this will be one of them. He'll never confirm or deny it, or he would've done it already, IMO. That's not who he is. He doesn't sell his private life, and neither does Kristen. That's why they started all of this in the first place.

As far as them having "control" of the narratives, sure they have control, but not FULL control. That's why public relations teams exist. I don't think anyone saw this coming, really, and that it's why Rob seems so pissed off every time we see him publicly now. I don't think he expected the heat he's getting. And the "damage control" was not only the timing (meaning the 15th anniversary of Twilight right around the corner to overshadow all the implied baby talk), but also Catherine discussing she and Kristen "crashing" Rob's birthday party, which the fauxmance lied about attending/hosting. She wasn't even on the same continent at the time! 🤦‍♀️

Right now, or anytime soon, for that matter, I can't see either of them agreeing to go public with their legit status...especially not with the way the vultures and sheep feed off of this kind of BS that's just spewed out there with no legitimate proof. No confirmation. Just implications. And [the vultures aka tabs] are okay with that? They're okay with printing things that may or may not be factual and not vet their sources or anything? Yes. Why? Because they don't give a shit about facts. They care about MONEY. And bullshit drama sells, whether it's factual or not.

IMO...THAT is why Rob and Kristen will ALWAYS stick to their word, and stay quiet with their privacy. THAT is why they'll continue to feed the vultures and sheep with bullshit that isn't real, because it keeps them away from their reality. And as long as the vultures and sheep exist, especially the way they have been for years, it will always be this way.

Something has to change. And it's not Rob and Kristen. They just want privacy, and will do whatever they have to do to get it and keep it.

[sadistpet]

MUNDAY QUESTIONS.

@mjm5655:

☀ ━ how long have you been roleplaying? how did you get into it?

oh my god okay i think since like. 2012...? i forgot the url of my first ever blog so i can't confirm, it might've been like december 2011, but definitely since 2012. so about 12 years ! i initially got into it via ask blogs which ykno. were all the rage back then. so that was my first roleplay... foray ig ?? i don't think i made a real roleplay blog until later, which was for a pokémon self insert oc of all things, but i'm prrrretty sure i deleted the blog years ago so i can't verify that, BUT i'm fairly sure because my initial ask blogs were pokémon themed.

so yeah ^-^ tldr about twelve years or so, and i got into it via pokémon ask blogs !

@viruslearnt:

♕ uwu ( which fictional characters are your favorites? )

GOD I HAVE TOO MANY. um. WAIT I FORGOT i have the perfect image for this here's my objectively correct mgs tier list that im not taking criticism on my partner said my category names were very raikovcore of me. and its true. but in WORDS raikov of course, raiden is also lovely little babie boy i love how bpd coded he is. i also love fortune and sniper wolf and eva because wamen. i love ocelot particularly in mgs3 because he's so autistic coded and silly and i love liquid snake because there's something wrong with me psychologically. otacon is so cringe nae nae baby but i adore him even though i want to scream whenever he speaks. i think those are my main ones

non-mgs wise though and more in general ? leo kasper from manhunt 2 ( who i also have a blog for because i have the impulse control of a hamster ), GLaDOS from portal, lisa garland from silent hill 1-3, mary from ib, clive dove from professor layton, and i think there's probably more but i fogor

@iobartach:

✮ ━ top three favorite muses that you’ve played

oh god. um. i genuinely think raikov is at the top of the list. writing him usually comes super easily to me, and that's not something i've experienced in a LONG time. it's genuinely such a fun experience to write him and i love the followers and friends i've gained from it. i really like the lore i've built for him and the intricacies i'm slowly weaving into his character. he's so silly and i care him very bad and i want to write him for a long time <3 um. let me look at my list

OH MY GOD YES tiff tannen from back to the future. like raikov she basically existed as a joke / throwaway line until she showed up in the comics, and i took that bitch and put everything i had into her. there's some shit i handled poorly and some stuff i'd change, but that community was so chill and she holds a special place in my heart. i might revive her blog one day. OH YEAH and if you google tiff tannen my rp blog still shows up on the first page

um. im gen not sure who else. i don't remember a lot of my time writing other muses. probably like some of my historical muses, or. yeah i cant remember. maybe my fnaf oc because that was the first time i got fanart of an oc and i felt like the gods themselves had bestowed it upon me

回 ━ what are your top four favorite shows?

chernobyl hbo is my favourite show ever of all time and it is the best show ever of all time factually contractually legally clinically and undisputably. i genuinely love every single facet of that show. it's what inspired me to get into researching nuclear radiation and that's what eventually led me to meet my partner ! i love that show so much it changed my life literally. i cried so hard. if you haven't watched it please do so on your platform of choice ( legal or no ) because it's genuinely amazing

neon genesis evangelion is probably one of my favourite shows ever of all time too, it hit so close to home and i'm obsessed with it. and even though none of the characters canonically have personality disorders, i find asuka and shinji to be super good representations of hpd and avpd respectively, which is great because you usually never see those anywhere ! it's so good. i also loved serial experiments lain but it hit too close to home in a way that i never want to watch it ever again because i think it will do irreparable damage to my psyche. but i really enjoyed it !

OTHERWISE i'm actually not much of a... show girlie. i like friday night dinner though i literally forgot it existed until my beloved mentioned it right now. um. most of the stuff i watch is like hell's kitchen, four in a bed, don't tell the bride, that type of shit because i'm apparently 47 years old. i have been watching dorohedoro, chainsaw man, and spy x family with my partner though !

[jaxstronomy]

Professor checking in:

1. Don’t use generative AI for factual scientific information. I have had my brain break when a student told me “well X you just said is wrong, ChatGPT said X is wrong and Y is right” when X and Y were the same thing phrased different ways. Generative text is really good at making plausible looking text, it is really bad at context and meaning, which is what an actual expert reader will pick up on right away.

(apparently it works better for coding and I know I have colleagues who encourage its use in writing code, but I also know this because our mutual students felt like they weren’t getting a chance to learn WHY they were doing things in code)

2. DO use Wikipedia for factual scientific/mathematics reference. It’s a biased source but it’s written by people who are biased towards being science/math pedants so it works!

3. Office hours are the time we’re contractually obligated to be available to help you - they’re a resource! Use them! (I have recast mine as “free help sessions”)

4. Rereading is the least effective study method. Use recall practice instead - find a way to frame your material such that you have to pull out answers from memory before checking your resources. This feels bad because you will fail at it, but it’s proven to improve performance and retention of material.

5. Outlines are OP and editing is easier than writing. My process is basically “put a bunch of bullet points down, word vomit around them, then attack it with an editing pen until it makes sense”.

6. Leverage social learning. Everyone around you is also learning, and you can learn faster and better by constructing knowledge together. Study groups! Peer editing! Quizzing each other for exam review!

7. Read before and after class. Before: so you know what you’re about to be confused by so you’re prepared with context. After: to look at the text again in context with what you just learned. (This took me from B-s to As in grad school, I feel strongly about this one)

8. Don’t stop doing things that bring you joy because you “need to focus on school”. You’re a whole person and deserve to experience the world as such.

Actual good first-time college student advice:

Wear jeans/pants that “breathe” and bring a sweater, even if it’s scorching hot out, until you know which building blasts the AC to 60 degrees F and which feels like a sauna

Backpacks with thick straps are your friend!  Messenger bags are cool and all but if you’re commuting with a lot of stuff, symmetrically styled backpacks are better for your back

You are your own person and you can walk out whenever you need to or want to, so long as you’re not disrupting the class.  Meaning you can go to the bathroom without permission, take a breather if you’re anxious, answer an important phone call, etc.

If you don’t like the class on the first day, if you can- DROP THAT CLASS AND TAKE ANOTHER ONE!  It’ll only get worse from there!

If you can, take a class outside your major; it’s a good break from your expected studies.

You are in charge of your schedule.  Your adviser and guidance counselor is there to ‘advise and guide’ but if you don’t like certain classes and you can substitute for others, that’s your choice.

Consequently, if you are changing anything drastic in your plan, talk with your adviser and instructors.

Pay attention to your credit hours and grades.  Never leave this to the last week of school, you will be sorry and stressed beyond belief!

Unless it’s a lab book or otherwise specified, go to the class for a week or so before buying an expensive textbook.  Some classes, while having it on their required list, do not actually use the textbook a whole lot and you might find some of it scanned online.  Rent if you can or buy used online (schools actually don’t give discounts).  Use your best judgement on what you think you need.

Tell the people who go up to you selling or advertising things you are not interested in that you are in a rush to class and don’t have time to listen to them.  It’s less rude and they’ll leave you alone.

The smaller the class, the better it is to have some sort of acquaintanceship with a couple classmates.  They might save your ass if you are absent one day or need to study.  And talking with them makes the time go by faster without it being so insufferable.

You don’t need to join a club or sport, but internships are cool and useful!

If you can afford it, take a day off once or twice each semester if you’re too exhausted.  Just be aware of what you missed and if it was worth missing!

Your health is the most important, this goes for mental health too!!  Note: College-age/upper teens is when mental disorders like depression and anxiety are most commonly diagnosed.  Most schools have therapy services, especially during exam time.  Look into it if you need to!

Communicate with your professor if you are having trouble with something.  Anything.

Eat and stay hydrated.  Bring a water bottle and snack to class.

All-nighters will happen but never go over 36 hours without sleep.

It’s going to be hard and there will be times you might think about giving up.  This WILL happen.  You just have to make sure what you’re doing isn’t making you absolutely miserable and/or there is something rewarding and positive to look forward to at the end!

[writepolicyletter]

How To Write a Demand Letter?

A demand letter is a formal document used to request payment, action, or resolution of a legal issue before pursuing litigation. It serves as a critical step in dispute resolution, signaling your intent to resolve the matter without going to court. Writing an effective demand letter requires careful attention to detail, a clear explanation of the issue, and a concise statement of your demands. Here’s how to write an effective demand letter.

1. Start with a Proper Heading

The heading of the demand letter should include essential details like your name and address, the recipient’s name and address, and the date the letter is written. Including this information creates a formal tone and sets the stage for a professional exchange. It also serves as a reference point for both parties should the dispute progress to legal action.

2. Introduce Yourself and the Purpose of the Letter

Start your letter by clearly identifying who you are and why you are writing. State your relationship to the recipient (e.g., customer, vendor, employee) and provide context for the situation. It’s essential to be concise yet thorough in explaining the reason for the demand. For instance, if you are requesting payment, briefly explain the nature of the transaction, the amount owed, and any relevant dates.

Example: "I am writing to request payment for services rendered as outlined in the contract dated [Insert Date]. The agreed-upon sum of $[Insert Amount] has not been paid as of [Insert Due Date]."

This sets the tone for the letter and clarifies the intent.

3. State the Facts Clearly

Once you’ve introduced yourself and the purpose of the letter, clearly state the facts of the situation. Provide a chronological account of events, sticking to factual details without emotional language or exaggeration. The goal is to present a clear and objective explanation of the issue.

Example: "On [Insert Date], I provided [Insert Service/Product] to your company as per the agreed contract. The payment was due by [Insert Due Date], and despite multiple reminders, I have not received the payment."

Including dates, references to agreements or contracts, and any prior communication is essential to making your case as strong as possible.

4. State Your Demands

After outlining the facts, clearly state what you are demanding. Be specific about the action you want the recipient to take, whether it’s paying a certain amount, returning property, or fulfilling a contractual obligation. Be firm but polite, and ensure your demand is reasonable and supported by the facts.

Example: "I kindly request that you remit the full payment of $[Insert Amount] by [Insert Deadline]. Failure to do so may result in legal action to recover the amount owed, as well as any associated legal fees."

Setting a deadline is critical, as it gives the recipient a clear timeframe within which to act.

5. Include Any Supporting Documents

To strengthen your demand letter, attach copies of any relevant documents, such as contracts, invoices, receipts, or correspondence. These documents should support the facts of your case and provide evidence of your claim. Be sure to refer to these documents in the body of your letter.

Example: "Attached to this letter are copies of the contract and invoices detailing the services provided and the agreed-upon payment terms."

6. Consequences for Non-Compliance

In the closing section of your demand letter, state the potential consequences if the recipient fails to comply with your demands. This could involve taking legal action, filing a complaint, or reporting the matter to relevant authorities. While it’s important to be firm, avoid making threats or using aggressive language.

Example: "If payment is not received by [Insert Deadline], I will have no choice but to pursue legal remedies to recover the amount owed."

7. Close the Letter Professionally

Finally, close the letter on a professional note. Thank the recipient for their attention to the matter, and express your hope that the issue can be resolved amicably without the need for further action.

Example: "Thank you for your prompt attention to this matter. I look forward to resolving this issue in a timely manner."

Sincerely, [Your Name]

Conclusion

Writing a demand letter is a critical step in resolving disputes before litigation. By presenting the facts clearly, making reasonable demands, and maintaining a professional tone, you increase your chances of reaching an amicable resolution.

SITES WE SUPPORT

Write Policy Change Letter – ​​​Wix

[sootburred]

HC: Ghostbur gives the best hugs so the burs just pass him around to share

not even a hc this is real factual AND contractual

GHOSTBUR IS VERY SWEET he's one of the clingiest burs when it comes to physical affection for sure :) always hugging them or holding their hand or just sitting close to them. he likes petting the others' hair because the motion relaxes him (similar to friend's wool). also he is soft bc he wears big sweaters !! 10/10 hugger. everyone's comfort bursona

[drwcn]

Why is it so hard for you to accept that madam lan was a prisoner and unhappy in CR

Short answer: BC it makes me unhappy. It's a show and I can choose to interpret whatever makes me happy. The Lan family history a)doesn't make sense; b) makes me sad. It's a show, I don't have to accept anything.

Long answer: AUs aside, canonically, I never said she was happy and I never said she wasn't put on house arrest. I only argued that those (her marriage and the existence of future children) might have been the contractual conditions that she accepted and agreed to in order to live. It makes the difference between life imprisonment and execution.

What Lan Xichen said:

She killed a Lan Elder

She didn't love their dad

Their dad married her and told his clansmen he'll love her all his life

And then she died at some point

Everything is else the fandom seems to think happened to her (including my own metas, aus, hc etc) is conjecture.

People do lots of things that make them unhappy. That doesn't mean they don't still choose to do it for whatever other reasons. People didn't always marry for love, people this day and age still don't always marry for love but do marry nonetheless out of their own free will.

What Lan Xichen didn't said:

The Elder r*ped his mother

His father r*ped his mother

His mother killed herself

Those, whether you accept it or not, are interpretations and speculations. And if that's the take you wanna go with, that's fine, but I don't have to have the same take.

Until it's in black and white written in mdzs, acted out by CQL, or said in interviews by the author, I don't have to treat it as canon and I don't have to accept it as anything.

Also, I have never once reblogged anyone else's post about their headcanon for Madam Lan and pushed my interpretation on anyone. I only reblogged that one post about the head ribbon thing because the information on that was factually incorrect. Even if Madam Lan is still alive and in love and everything in CR is happy, she would still not have a ribbon because the ribbons are only given to disciples with Lan blood. In CQL, outer disciples like Su She do not wear a ribbon, and we have never been given information to suggest people marrying into the family would be treated otherwise.

If you don't like my content, just block me or blacklist me or whatever.

[bestworstcase]

…salem did not do anything wrong.

she was a grieving young woman who prayed to the gods to spare her lover from death. because she was religious. she had faith in her creators and felt hope that they might help her. when the god of light denied her, she got upset in the moment, but she accepted that he had refused and—this part is important—she left him the flowers she'd brought him.

the way rwby handles divinity is very polytheistic and specifically influenced by ancient greek and roman practice (also hellenistic philosophy). a fundamental concept in roman polytheism is "do ut des," which we might translate loosely as "i give so that you may give." polytheistic worship involves reciprocation, a give and take between human and divine, and roman polytheism was particularly contractual in nature. you perform a ritual, make an offering, and pray to inform the god of why: either you're asking for a favor, or returning a favor already given, or you're simply trying to stay on good terms.

of course, asking (even in the right way) does not guarantee that the god will do what you want. but there is an expectation of reciprocity; that the god will participate in this arrangement with you. you must ask—ritual without prayer is futile—and you must accept that sometimes the answer will be "no."

salem brings flowers to the god of light, which appear to be an appropriate offering based on the assortment of other items placed around the shrine. then she asks him for a favor he is unwilling to give, and he refuses and sends her away from his domain. her "no" (in response to "let him rest") is generally interpreted as a refusal to take no for an answer—but it isn't. she does not try to force her way back into light's domain to demand that he bring ozma back, nor does take back her offering.

this woman felt no qualms about going before the god of darkness—a god nobody else dared to worship, one known solely as the progenitor of monsters—to pray for ozma's life. if she truly felt entitled to a miracle, her respect for this reciprocal form of worship would have ended when the god of light told her no; she would not have felt bound to uphold her end of the arrangement. she would not have left the flowers there.

but she did.

her decision to then petition the god of darkness is similarly often taken as an act of disobedience, of going behind the god of light's back to get what she wanted after he told her no, but:

the god of light told her that she had asked something he "cannot make so"—not will not, cannot. if salem took him at his word, it would not have been unreasonable to assume that he said no because bringing ozma back was beyond his power, but that perhaps the god of darkness could do it.

the brothers shared in the creation of the world and made humans together, as equals. there was not a hierarchy with the god of light above his brother—the god of light did not have standing to forbid worship of darkness. (which darkness points out during their confrontation.)

because we do not get to hear what salem told the god of darkness, we only have jinn's word that salem "made no mention of his elder" with intent to deceive and manipulate him. jinn is not a reliable narrator—there are details in her telling that are verifiably factually untrue, like the god of light being "the elder"—so this information is suspect. it is equally plausible that salem did not mention light because he wasn't relevant, having no involvement in whatever pact she struck with darkness, or that she made an implicit promise to revere darkness above his brother if he granted her wish. both would be within her rights.

from the very beginning, salem intended to petition both brothers. when ozma dies, she asks "how could the gods let this happen?" and jinn clarifies that she meant both light and darkness. she could not go to both of them at once—they were not in the same place—so she chose to approach the "safer" brother first. but she always meant to ask them both.

all of that is to say, returning to the point i made in the op: when salem offered ozma's staff to the god of darkness, she chose to risk that he, too, would take it from her and then turn her away empty-handed. that staff was her most prized possession, the only thing she had left of ozma, and offering it as a votive gave the god of darkness the means to hurt her very badly. she knew that, he knew that, and i think that is something salem did very deliberately because she thought about what he might want from her in return for this favor she asked of him. the grimm are drawn to pain and suffering, the god of darkness made the grimm, she offers him an object that represents her loss, one which she would be devastated to lose. you see the line of reasoning? there was no established praxis for her to follow with darkness (as she did with light), so she did her best to give him something he would appreciate.

and that is exactly why he gives her what she wants: salem believed in him, proved that her faith in him was true, so he gives back. reciprocity. insofar as there was any wrongdoing here, it was darkness neglecting to get his brother's consent per their agreement not to act unilaterally—but… light did that too, and he's been doing it ever since their fight over jabber, so that agreement was never made in good faith.

salem did nothing wrong. she was literally just a religious woman who prayed to the gods she had been worshipping all her life. what she does in the lost fable—making offerings to them both and asking a favor in return—is literally just practicing her religion. that is How Polytheistic Religion Works. the gods punish her brutally for worshipping them.

and she does learn from this experience. she learns that her faith in the brothers was misplaced, that the god of light does not want to be worshipped but rather obeyed, that the god of darkness was fickle and cruel, that the permanence of death is not the inherent natural way of the world but an artificial order imposed by the brothers—she hears light say that explicitly while he's arguing with darkness and they punish her by excluding her from their "delicate balance of life and death"—and that the brothers are neither all-powerful nor all-knowing. that they're fallible. that humankind does not need them, and would in fact be better off without them.

salem, er, "doubles down" every time she's given a choice to recant and submit to the god of light because she's right. she refuses to "learn her lesson" because the intended lesson is that the god of light is entitled to demand absolute, unquestioning obedience and give nothing in return because humans are worthless. she rejects ozma and his divine mandate because she does not believe that the brothers have the right to kill everyone if they don't get their way.

ruby learns from her experience too: she learns that the brothers are not absolute cosmic authorities, that they are not all-powerful or all-knowing, that the god of light was wrong. the blacksmith tells them all in no uncertain terms that light's understanding of balance is wrong. salem knows this. she has known this for hundreds of millions of years. she doesn't need to learn it because she already knows—and there's also, uh, a serious possibility that she knows the blacksmith too:

"aura is a manifestation of the soul." world of remnant is narrated in character and all of them carry implications about what the narrating character believes or perceives about their subject—for example, see qrow's blatant editorializing in all of his spots. salem narrates the aura episode; when she describes aura as a manifestation of the soul, a life-force running through every living thing on remnant, the associated imagery is a blacksmith. what does this imply about what—or who—she might know?

rolls over

yeah yeah, the ruby-salem grief weapon parallel, we've all seen it

salem offers up the staff as a votive to the god of darkness after telling him of her story and what she hopes to receive in return. he deems this a fair bargain and grants her wish; salem drops the staff at his feet and rushes to ozma's side. do ut des. this is an act of prayer, of worship. salem knows what she's doing—she's pious—and does everything correctly.

(including making an offering of something she must have put some serious thought into: she gives the god of grimm her most precious possession and a token of her suffering.)

and what she asks for in return is ozma's life. the staff was precious to her only in ozma's absence, because it represented her lost love. had the god of darkness answered no, salem would still be obliged to leave the staff in his domain—just as she left light his flowers, you don't take back an offering if the god's answer is not to your liking—and to part with it and walk away empty-handed would have been devastating. but the moment she sees ozma again, the staff means nothing; she lets it fall from her grasp without a thought.

she chose to make herself vulnerable to that pain, offering darkness her own heart as a fair sacrifice for the mere possibility of ozma getting to live. and he tells her to rise and see her faith rewarded.

<- faith.

ruby is in pain. ruby is grieving and boiling in guilt because penny died again and ruby could do nothing to save her again. the sword is all she has left of one of her best friends. and then she offers it up to the toy soldiers—who have come to take them to the red castle—in exchange for, er… being taken to the prince's birthday celebration so that she can present the sword as a gift.

why?

"look, we may not know exactly what's going on, but for whatever reason, this place is putting us on a similar path as a book we all read as kids. i say we follow it—and stop pretending we know what we're doing."

the consequence of this choice of course is that any emotional or spiritual significance this offering might have had is elided by the toy soldiers' grift and the red prince is a child who throws the sword away in a fit of pique: "how could you!?" ruby whispers, before swallowing that pain and stunting around in a scramble to keep the story on the "right" path.

<- fate.

rolls over again.

salem had faith. ozpin believes in fate.

faith is—asking. trying. communion with something greater than oneself. but to believe in fate is to believe in a single narrow path which must be followed no matter the cost because…because.

this is what "look how you've diminished" is about. how you've lessened yourself—and for what? ruby tears out her own heart in a futile effort to appease a spoiled child who kicks it away out of utter indifference—and for what? because the story said so. because she's afraid. because she doesn't know what else to do. she's lost her faith.

[supplylaw-blog]

What Are the Remedies for Breach of Contract?

Whether you're in a contract dispute, or about to sign your next agreement, you should know, what are the remedies for breach of contract?

If you need legal advice from an Ottawa Contract lawyer or Ottawa Civil Litigation Lawyer, book your free legal consultation with Supply Law today.*Disclaimer: this guide is for informational purposes only. It does not constitute legal advice nor create a solicitor-client relationship between the author and reader. As with all legal matters, a lawyer should be properly retained and consulted where legal advice may reasonably be considered necessary. 

This blog post will cover the remedies for breach of contract, including:

  1. When is a contract breached? a) Where to start? b) How to interpret the contract? c) What is an entire agreement clause? d) What are express and implied contract terms? e) What is the duty of good faith? f) What is the difference between a condition and warranty? 2. What are the remedies for breach of contract? g) What damages can you claim for breach of contract? h) What does it mean to mitigate your damages? i) What is specific performance?  j) what is an injunction?

  Ready? Here we go!

1. When Is a Contract Breached?

 a) Start With the Agreement

The first place to start in a breach of contract scenario is determining whether you have a valid agreement (See When is a Contract Legally Binding). After you've determined there is a valid contract, you'll start by looking at the wording of the agreement to determine if there has been a breach. Often the breach will be clear and obvious. For instance, where the seller in a real estate transaction agrees to convey title to the purchaser on an agreed upon closing date (but fails to do so when the closing date arrives). In that case, the remedies available to the purchaser are to enforce the agreement by asking for specific performance, or sue the seller for damages caused by the breach. But rarely is breach of contract this simple (even in routine real estate transactions).

b) How to Interpret a Contract?

Most contractual disputes arise over the interpretation of the agreement, that is to say, the objective meaning of the words the parties chose to govern their relationship. Words have different meanings in different contexts, and in the minds of different people (this simple principle is what keeps contract lawyers like Supply Law in business). When the meaning of the words are in dispute, the current practice is for the courts to look at the plain wording of the agreement and, where necessary and appropriate, the circumstances surrounding the agreement when the contract was formed (or what is know as the "factual matrix" amongst contract lawyers). By looking at the agreement and the factual matrix, the goal of the courts is to tease out the parties' true intentions. The courts try to give effect to the parties intentions as a way of promoting certainty (and avoiding absurdity) in a commercial environment. In interpreting a contract, the courts will not rewrite the agreement, and will not generally intervene to save a party from a bad bargain. The ultimate question for the courts is what would a reasonable person in the shoes of the contracting parties understand the words to mean? There are many rules and principals governing contractual interpretation. These rules can become more or less relevant depending on the circumstances. For instance, where there is an ambiguity that cannot be resolved by looking at the factual matrix, the rule of contra proferentem holds that the ambiguity should be construed against the drafter. This is a concept often in play where an employment contract or insurance policy is at issue. Due to the wide variety of relationships and scenarios that are governed by contracts, there are an abundance of rules of interpretation and therefore many grounds for debate.  

c) What Is an Entire Agreement Clause?

The parties may attempt to limit the evidence the courts will review in the event of a contract dispute, by inserting an “entire agreement clause” into the contract. Entire agreement clauses usually look something like this, 1. Entire Agreement This agreement forms the full agreement governing the relationship between the parties. By agreeing to this term, the parties are instructing the courts that only the words written in the contract should govern their relationship (keeping the analysis within the four corners of the contract). By limiting the court's analysis to the agreement itself, the goal is to prevent supplementary documents or oral representations from being presented as evidence in a breach of contract claim. It should be noted, these clauses can only suggest the court should refrain from reviewing documents or statements that may have been exchanged before the agreement was executed. It will not prevent a party from presenting evidence to show there was no valid contract, to resolve ambiguity, or to argue the contract should be void for uncertainty or illegality.  While the effectiveness of this provision is open for debate, the entire agreement clause serves mostly to prevent a party from arguing terms (that weren't specifically included in the contract) can actually be found in a secondary contract collateral to the main agreement.

d. What Are Express and Implied Contract Terms?

Breach of contract can occur when a party breaches either the express or implied terms of an agreement. Express terms are those written directly in the contract. However, there are numerous instances where the courts will deem a party has breached an implied term of the agreement. Implied terms are terms so fundamental to the agreement they are included in the contract whether or not they are written into the agreement. For instance, if you sign a contract to buy a car, an implied term may be that the car comes with a marketable title, meaning free of any ownership defect that would prevent you from putting the vehicle in your name and selling the vehicle to another person further down the road.  

e) What Is the Duty of Good Faith?

In Bhasin v. Hrynew (2014), the Supreme Court affirmed the duty of good faith and honesty in contractual performance is an implied term included in every contract governed by the laws of Canada. While the entire scope of this duty is not yet clear (the case having only been decided in 2014), good faith and honesty are founded on the principal that parties to a contract may not disregard the legitimate contractual interests of the other, nor act in bad faith, lie, or otherwise deceive or mislead the other party. It should be noted, this duty only applies to the performance of the contract as there is no corresponding duty of good faith applicable to the negotiation stage (but note, there are other remedies available in this situation, for instance by bringing a claim for negligent or fraudulent misrepresentation). Good faith breaches can arise where the contract allows for a party to exercise discretion. In such case, the party exercising its discretion must do so with good faith and, in some instances, provide adequate reasons for its decision (a lesser known remedy under the principals of natural justice often at issue in the governance of voluntary associations) While the implied duty of good faith is a powerful remedy, there are may other situations where the courts will find implied terms to supplement a written agreement.

f) What Is the Difference Between a Condition and Warranty?

Contractual terms can generally be subdivided into conditions and warranties and to determine what remedies are available for breach of contract, you need to assess whether the breach can be classified as a breach of warranty or a breach of condition.   Conditions are essential terms going to the root of the contract. For instance, in the case of the sale of a new car, a condition would be that that the car is in fact new. In this scenario, where the condition is breached (for instance by the seller delivering a used car) the purchaser may regard the seller as in breach of a material condition and be relieved from continuing with the transaction. However, in this case, the purchaser also has the option of accepting the car and suing for damages. Warranties on the other hand, allow the innocent party to sue for damages. But in contrast to conditions, the innocent party will still be compelled to perform its obligations even in the face of the other’s default. Using the sale of a used car as an example, a warranty given by the seller could be that the car is in a good state of repair. If the vehicle's transmission fails shortly after being driven, the purchaser may be able to sue for the seller’s breach of warranty to cover the costs of the repairs, but the purchaser cannot repudiate the contract and return the vehicle. While conditions and warranties are often be hard to distinguish, the fundamental question to ask is whether the breach was of sufficient importance as to substantially deprive the innocent party of what was bargained for. Whether a breach of the contract is in fact a breach of a condition or warranty will often depend on the facts and interpretation of the agreement.  

2. What Are the Remedies for Breach of Contract?

The standard remedy for breach of contract is a monetary award for damages. The amount of the award is determined by performing calculations under specific heads of damages (which will be described below). Other remedies include specific performance, meaning a court order that the defendant perform its contractual obligations, or an injunction (an order to prohibit the party from continuing to breach the agreement). These remedies, while not exhaustive, will be examined below in turn.

g) What Damages Can You Claim for Breach of Contract?

The purpose of damages in a breach of contract claim is to put the innocent party in the position they would have been in, had the contract been performed as agreed. These compensatory damages can take the form of lost profits, interest, and or additional expenses required to fulfill the contract, but is ultimately a complex and fact driven analysis. In addition to damages that serve to compensate the plaintiff for the defendant’s failure to strictly perform the contract, damages can include awards for loss of enjoyment, peace of mind, and mental distress, if they result from the breach. Punitive damages can also be awarded, if the breaching party’s conduct is severe enough to warrant them.  The party claiming damages has the onus of showing the breach lead to the losses they suffered. Generally, this means establishing that the damages being claimed were reasonably foreseeable as result of the breach (meaning within the contemplation of the parties at the time they entered they contract). For instance, if the plaintiff makes clear to the defendant that a shipment of goods must arrive by a specific date or they will lose a contract with their customer, a court may find the defendant liable for those lost profits as they would reasonably be within the contemplation of the parties.  

h) What Does It Mean to Mitigate Your Damages?

The plaintiff has a duty to mitigate the extent of the damages they suffer. This means they have a positive obligation to reduce their losses. For instance, in the case of a tenant’s breach of a commercial lease and subsequent eviction, the landlord cannot simply let the premises sit vacant and attempt to recover the full amount of rent remaining under the lease. Instead, the landlord has a duty to mitigate their damages by re-leasing the premises (at a reduced rent if necessary) and claiming against the defaulting tenant for the difference. Damages will be reduced where the plaintiff fails to reasonably mitigate.

i) What Is Specific Performance?

In lieu of (or in some cases in addition to) an award of damages, the plaintiff may seek an order for specific performance under the agreement. This remedy is available where damages alone would do little to adequately compensate the plaintiff in a breach of contract claim. For instance, where the vendor of a specific parcel of land fails to close the transaction and no suitable replacement exists for the purchaser’s development project, the court may order the vendor to abide by the agreement and convey title of the property to the purchaser.  

j) What Is an Injunction?

In contrast to specific performance, where you want to stop someone from continuing to breach an agreement, an injunction may be obtained from the courts. An injunction can be a useful remedy where for instance, an agreement for the sale of a business includes a non-compete clause where the vendor agrees not to operate a similar business within 5km after the agreement closes. In this case, if the vendor is breaching that term by opening and operating a competing business following the sale, the purchaser may obtain a court ordered injunction to stop the defendant from acting contrary to the agreement. If the vendor fails to cease in defiance of the injunction, they may be held in contempt of court and subject to fines or even imprisonment.Conclusion When a valid enforceable contract is found, a highly fact driven analysis must be taken to determine the applicable legal principals and remedies available in the event of a breach. If a contract dispute arises, legal advice should be sought early to determine the appropriate remedy and minimize the expenses involved in resolving the dispute.

If you need legal advice from an Ottawa Contract lawyer or Ottawa Civil Litigation Lawyer, book your free legal consultation with Supply Law today. Read the full article

[kolbisneat]

MONTHLY MEDIA: June 2019

Halfway through the year! Here’s how I spent the month of June.

……….FILM……….

Godzilla: King of the Monsters (2019) Delivers on everything I’d want out of a Godzilla movie: destruction, cool monsters, and bland humans making crazy decisions. It perhaps took itself a little seriously, but that also felt on-brand, you know? Hopefully this series keeps going so we can get to a Mechagodzilla showdown.

Booksmart (2019) So good. We caught this at the end of its run so it’s a shame I can’t tell more people to go out and see it. Great bff chemistry, nuanced cast, funny, and solid direction. It felt familiar and new. Oh but as a former teacher, the Jessica Williams bits were all sorts of problematic.

Rocketman (2019) Just wonderful! The framing device of rehab wasn’t just a break from the biopic tropes, it was a crucial element towards reinforcing the main thrust of the film. Sure it goes through the rise and fall of a star, but it uses that arc to show the growth of a human. That’s why this is great. Also Taron Egerton is just overwhelmingly great.

……….TELEVISION……….

The Bachelorette (Episode 15.04 to 15.07) I worry that Hannah isn’t going to make it to the end of the season without some sort of emotional break. The slightly unhinged antics were fun at first, but now it feels like it’s bordering on full-on meltdown. I still long for a season where we’re given simple romance and good good friendships, but until then I suppose we’re stuck with Luke P. It’s really hard to watch a genuinely problematic relationship continue but hopefully he’ll be gone soon. Also that clip episode was next level.

The Magicians (Episode 1.10 to 3.08) It’s still doing a great job of acting as a sort of remix of the books. The stuff from book 2 is carrying over to the later seasons and while it’s not moving quite as briskly as the first, it’s still doing a great job of showing a different perspective and interpretation of the core plot elements.

……….READING……….

Thisby Thestoop and the Black Mountain by Zac Gorman (Complete) I put this on hold at the library thinking it was a graphic novel. Then I saw it was categorized as “children’s so I figured, knowing it was a collab between Gorman and Sam Bosma, it was an all-ages comic. Turns out it was a children’s chapter book and I loved it! Light-hearted, touching, and full of lovely illustrations by Bosma, it delivered everything I wanted in a format I wasn’t expecting. Also it’s about the adventures of a D&D-styled dungeon’s gamekeeper, Thisby Thestoop. So if you have a kid (or you, yourself) want an RPG-adjacent read, this is a great choice.

Norse Mythology by Neil Gaiman (Complete) Compilations like this are always a lot of fun and I find it interesting to pick up themes when reading a collection of myths. There’s an awful lot of punishment in Greek mythology and in reading these, I really picked up on a lot of tests. Tests of strength or drinking ability or speed and it’s all rather fascinating. I admit that Gaiman’s writing is what brought me to the book but it’s rather subdued. Very cool to read how interested in Norse Mythology he is and it adds another layer to his other books (particularly American Gods). I don’t know if I’d recommend it if you were only a fan of Gaiman’s work, but I’d definitely suggest it if you’re keen to learn more about Thor and Loki and the gang.

Motherlands by Simon Spurrier & Rachel Stott (Complete) I love bonkers sci-fi. There are giant fleshy bounty hunters, pixelated teleporting guns, tiny lizard people, and civilizations all on the backs of crabs, but at the end of the day this book is about the relationship between a mother and her daughter. Sure, both are bounty hunters, but it uses the fantastic to explore the personal and that’s what my favourite speculative fiction does best.

Black Hammer Vol. 1: Secret Origins by Jeff Lemire and Dean Ormston (Complete) Think alternate Justice League trapped on a farm in an alternate reality (likely our own). It’s a family drama set in a small town and it’s really good! At first it felt like a “this is our version of Shazam! This is our version of Martian Manhunter!” but the characters are breaking away from the tropes and it’s in that deviation that the book really shines. Worth checking out.

The Creepy Case Files of Margo Maloo by Drew Weing (Complete) As far as all-ages comics go, this has a good range of appeal. It touches on topics like gentrification and xenophobia, but uses monsters to communicate them. The main characters didn’t really resonate with me (the POV character doesn’t get to take much action and the expert is perhaps a little cold for someone meant to show compassion for all). There’s a second volume and while I didn’t love this, I want to check out the next chapter to see where it’s all going.

……….AUDIO……….

Factually (Podcast) If you know Adam Ruins Everything (either the show, youtube clips, or the podcast) then this is a natural continuation. I’m still not sure why the transition from the other podcast to this as it feels essentially the same, so I can only assume it was a contractual or savvy business move. Also the podcast is a deeper dive into common misconceptions in the world and it has Andrew W. K. for the intro music. What more could you want? 

……….GAMING……….

Maze of the Blue Medusa (Satyr Press) We had a bit of a lull this month from me being sick, but the party continues to hesitantly explore deeper into the maze and so is running into more dangerous encounters! It’s all very exciting.

Cadence of Hyrule: Crypt of the NecroDancer featuring The Legend of Zelda (Brace Yourself Games) Having never played the original indie game (Crypt of the Necrodancer) I found it to be a steep learning curve and I died a whoooooole bunch at the start. Now I feel like I’ve found the literal (and metaphorical) rhythm of the game. Lots of fun, a great blend of new and familiar Zelda elements, and just a generally breezy game that can be very difficult. Oh also you can play as Zelda! For the whole game! 100% recommend.

Gato Roboto (Devolver Digital) Perfect bite-sized game. Three-ish hours of a cat in a mech suit is exactly what I wanted and it didn’t fail to deliver. The bosses are challenging though I admit most of the other enemies were pretty chill. Worth the modest cost and the whole thing was a lot of fun.

And that’s it! As always, feel free to send me any recommendos as I’m always looking for something new to watch/read/hear/play!

Happy Sunday.

[lovehaswonangelnumbers]

New Post has been published on https://lovehaswonangelnumbers.org/re-claiming-the-fish-saturn-and-capricorn-in-the-age-of-aquarius/

RE-CLAIMING THE FISH: SATURN AND CAPRICORN IN THE AGE OF AQUARIUS

  RE-CLAIMING THE FISH: SATURN AND CAPRICORN IN THE AGE OF AQUARIUS

By Louise Edington

In Astrology, the sign of Capricorn is said to be a feminine sign, and both the sign and it’s ruler are represented by the sea-goat which is a creature of impossibility with the front half of a goat and the tail of a fish. 

Over millennia of Patriarchal rule and conditioning the planet and sign has lost it’s yin qualities with the sea-goat becoming a goat alone much of the time and Saturn and Capricorn being said to represent the Father amongst other things. Saturn and Capricorn have been spoken of in Astrology as harsh, cold and unloving and this article challenges that as being a reflection of the patriarchy itself.

Saturn, the planet is named after a male deity, traditional ancient astrological technique of sect described Saturn as diurnal, which is usually seen as more masculine. And yet, Saturn and Capricorn are earth energies which is traditionally feminine. 

However, the universe is essentially neutral or genderless. It’s the language of Astrology and humankind that has assigned polarity in our search for certainty. In my new book, to be published early in 2020, I invite readers and students of Astrology to, and I quote Astrologer Jason Holley here in the Mountain Astrologer who informed some of this thinking, “embrace multiplicity, non-linearity, and uncertainty” in Astrological language as we move into the Age of Aquarius and as science itself moves further into Quantum wave and entanglement theory. 

I can’t go into more detail yet because of contractual obligations with the publisher but I want to talk about the sea-goat myth in terms of reclaiming that sense of multiplicity and genderless Astrology. After all, we cannot see the gender in the Astrological chart itself. 

As I write this Saturn has just stationed direct at 13 ̊ 54′ Capricorn, and will retrace his Retrograde steps to 20 ̊ 31’ where he stationed Retrograde on April 29th, and is approaching another conjunction with the South Node before moving towards the transformational conjunction with Pluto on Jan 12th 2020 at 22 ̊ Capricorn and, days later, squaring dwarf planet Eris in Aries. 

Additionally, both Saturn and Pluto are being occulted by the Moon, ruler of the Cancer North Node every month this year other than January and December for Saturn as November gets two occultations and January for Pluto. This means their energy is literally being eclipsed by the Moon and Eclipses are re-sets. Saturn’s own South Node is also at 18 ̊ and Pluto’s South Node at 19 ̊ Capricorn so Saturn will also be transiting over these points before meeting Pluto and squaring Eris. 

Then we also receive the news that twenty more Moons of Saturn have been discovered meaning Saturn is now known to have a total of 82 Moons, flying past Jupiter’s 79. New discoveries like this always shift the energy of a planet in our collective psyche. I would suggest that this, alongside the occultations, is softening Saturn’s image in our consciousness. 

The convergence of all these factors is hugely transformative and a big shift away from old rules and ideas. 

It’s my belief that all these Astrological events are inviting us to re-visit and eclipse the patriarchal ways of looking at and speaking about Saturn and Capricorn. This also means that we are being invited to re-visit and eclipse the patriarchal world our perceptions and words have created. In turn, this will ripple out just as wave theory does to change our language about all of Astrology.

This wave is being reflected in the world, the universe as a whole, and is reflected in the wave glyph for the Age of Aquarius.

What of the sea-goat myth? How can we learn from that in this re-visiting? 

The primary sea-goat in Greek mythology is Pricus, an immortal ruler of time created by Cronos, the God of time, son of Uranus and a Titan from the Greek mythological pantheon. 

We must, of course, remember that myths are also created by man to order and explain the universe and aspects of humanity and the Greek civilization was in itself patriarchal in nature. 

Pricus had children who were in his image and who were able to talk and these children were drawn to the land. However, being on the land caused them to turn into goats and lose their powers and intelligence. Pricus attempted to stop this and turned back time to bring them back but they kept returning to land. Not wanting to be a lone sea-goat, Pricus begged Cronos to let him die but Pricus was immortal so unable to die. Instead, Cronos cast Pricus into the stars as the Capricorn constellation so that the lone sea-goat could watch over all his children. 

Like all myths, this is based on more ancient myths from the sands of time when myth was carried down in the oral tradition and Capricorn mythology in ancient Sumeria as associated the the God Enki, the God of water, knowledge, and creation. In Babylonian times Capricorn was described as fishtailed Ea who was the “Antelope of the Sea” and who watched over the land but lived in the ocean at night so never lost the energy of the ocean, as the more modern patriarchal sea goats did. In these ancient mythologies, Capricorn was seen as the gate of death with the opposite sign, Cancer, being the gate of birth. 

It could be said that the Greek Pricus myth itself reflects the loss of, or deliberate erasure of, the night energy under the patriarchy. I use the term night for what has been spoken of as feminine, energy in our society. The patriarchy has demonized and sidelined all that is not day, outgoing, and what has been seen as masculine. The loss of powers experienced by the sea-goats as they rejected the water reflects the loss of essential powers within each of us under the patriarchal structures and language we have lived under for millennia. Though interestingly, in other myths, the goat actually suckled Zeus as a baby, and Zeus or Jupiter is the King of patriarchal pantheons moving forward as he took down the ancient God of time. 

The occultations of Saturn and other aspects of Saturn in the sign of rulership are asking us to reclaim the seemingly impossible nature of the sea-goat in my opinion. We are each both goat and fish, both day and night, both land and sea. We all inhabit both realms. We each are born and die. There are no opposites and polarities even though our human need to make sense creates this separation because everything is connected in entanglement and cycles and waves. 

Like the cycles of life and death, Capricorn and Cancer work in tandem, together. Like the Sea Goat, the Crab that is the symbol of Cancer, inhabits both the land and the sea though taking the Hermit crab as an example, the Crab can only survive on land if it stays moist. Both the Seat Goat and Crab lose their powers if on land for too long and if they don’t return to the water regularly. 

In patriarchal times, the qualities of the night have been devalued. These are the qualities of acknowledging and validating emotional responses and feelings, the value of nurturing and supporting others, true humility and empathy. Left brain characteristics of rational, logical, factual and verbal reasoning have become over valued in relationship to the right brain qualities of creativity, emotion, intuition and imagination. 

Think of the language used in our lifetime to devalue the night energies of the right brain. 

‘It’s just your imagination’

‘You are irrational’ 

‘Control yourself’

I’m sure you get the picture. 

Yet Saturn and Capricorn are night or feminine energies, though I believe Saturn as traditional ruler of Aquarius has both day and night qualities as do all the traditional planets, and the language used in Astrology for both planet and sign is that of the left brain. 

Saturn is described as the Father, external authority, rules, limitations, control.

Capricorn is described as discipline, practicality, determination, leadership, controlling, responsibility. 

They are all of those but our human minds have interpreted this all as very male and taken those qualities to mean dominion over others, to mean hierarchies, and to mean controlling others rather than the self. 

This is a simplistic explanation to say that the night qualities of Saturn and Capricorn, or the fish tail of the sea goat, have been lost. 

A higher understanding of Saturn and Capricorn is that of the wisdom of the elder or crone, near to the ancient Gate of Death and in tandem with the Cancer Gate of Birth. Both working in cyclical and circular harmony. 

In the Cosmic Intelligence article written by Linea Horne on the Lunar occultations she speaks of the Circle of Grandmothers for becoming more enlightened Capricorn energy and I agree. I would take it even further as we move into the Age of Aquarius and merely call it the Circle of Wisdom.

Ancient cultures had pantheons of Gods that represented both day and night energies and that had equal value so we must move away from the binary and oppositional world of the patriarchy and return to a more inclusive and integrated language in Astrology and life. 

The re-claiming of the fish tail of the impossible (I’m possible) sea-goat will aid us in that path. 

When speaking of Saturn and Capricorn as a night energy Astrologers can, and many are, speak of external authority as how we allow others power of us and how the only real authority is within, rather than speaking of it as a controlling and dominating energy. After all, we can only be controlled if we allow outside forces to dominate us. 

As we move into the wave energy of the Age of Aquarius, we are being asked to take a more diffuse view of both Saturn and Capricorn and to change our language as Astrologers to reflect the receptive, more malleable, and softer, elder wisdom energy they both contain. Discipline is a loving parental act if done with wisdom, for example. 

If Astrological language itself re-claims the seemingly impossibility of being both night and day as we approach our work, we can help to shape the New Paradigm itself. 

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COVID-19: Invalidations of Contracts

Globally, COVID-19 put everyone on pause while enforcing a policy of restricted movement. Health precautions were taken, including remaining at home and avoiding social situations. Regular activities have been stopped and significantly impacted, particularly in the business sector or the economy.

Companies operating in the Philippines are currently dealing with several problems, including disruptions in reserve chains, an ineptitude to fulfill customer markets, neglected task deadlines, non-delivery of bare materials or products, a lack of workforce, and limitations on commercial operations.

With these, there are also contractual obligations disrupted by the existence of the COVID-19 pandemic. Now the question is… can contracts be invalidated due to COVID-19?

Possible, but it depends.

In the article, the Force Majeure has been brought up. According to the principle of force majeure, no one should be held accountable for a fortunate incident, defined as an unforeseen or unavoidable event after being anticipated. Examples include natural acts like floods and typhoons or unnatural acts like riots, strikes, or conflicts.

But before it is declared, there must also be conditions such as the reason for the obligation's violation must not have been due to the will of the party asking to be released from it. The circumstance must be such that it makes it difficult to discharge the commitment in the usual way and that the involved party requesting release must not have contributed to or made the other party's damage worse.

The Civil Code, specifically in Obligations and Contracts, may be invoked to justify failure to concede with the representations of the contract. Typically, for a party to be exempted from an obligation due to force majeure, the following conditions must exist:

Art. 1267. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part.

Art. 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.

The parties may contractually broaden or restrict the circumstances that qualify as force majeure. As a result, businesses should check the force majeure terms in their contracts, evaluate how exposed they are to them, and decide whether they need to be revisited or renegotiated to safeguard their interests.

In the COVID-19 context, a party's ability to claim force majeure would ultimately be demarcated by surrounding factual factors, such as the specific actions taken by the parties, the disposition of the commitments concerned, the parties' altitude or rank of expertise, the core of the contract's topic matter, the enterprise hazards considered by the partakers and the losses or detriments brought on by the material occurrence.

To sum it up, the decision ultimately rests with the parties, particularly if they carefully consider their commitments under the stated conditions and circumstances.

[pbimmigrationconsultancy]

A working companion for the beginners in Canada

The Federal government of Canada has introduced programs like the Express Entry Canada, (PNP) Provincial Designee Program, and (AIP) Atlantic Immigration Pilot that bridges the growing population, grows the well- educated population, and also increases the number of professed professionals in Canada.

While getting a capsule that dwells well with the Canadian style, is one of the needed criteria for landing up a job in Canada. All those seeking an employment occasion in Canada come across the term “Canadian experience” to any path of the Field they want to pursue. This composition will give you an sapience into what this Canadian experience is and how you can start erecting it.

“Canadian Experience” What's it? It's slightly delicate to answer this in a straight manner. The description is private in nature, for different people, the meaning of the word is different. For starters, it doesn’t mean to have a factual working experience in Canada.

The Canadian experience combines of:

Soft Skills; seeker can gain soft chops through colorful life gests.

The everyday gests that can be attained by volunteering for an association doing social services, completing education or bridging Canadian programs and taking up job offers that are part- time, temporary and contractual base.

Soft Skills

Have an idea of the arising marketing trends and original assiduity

To have a sense of giving back to the country and serving

Must be apprehensive about the rules and regulations of Canada and apply it to the job sector

Should be suitable to strive to make a strong behavioural and workplace relationship

Must be opening inclined to embrace diversity and multiculturalism that includes perceptivity too.

Should be suitable to exercise speaking in English and French easily and the original language depending upon the area you're staying in.

To grasp the idea of plant culture-should have chops that have conflict resolution, leadership, entering and giving feedback and formative review interpersonal chops and so much more.

United and platoon adaptation. Should be fluently adaptable and flexible and should be going a redundant afar to help others who are in need.

All by each, being an emigrant in Canada having a little bit of Canadian experience can help you understand and acclimatize to the social liability and other nuances of the Canadian work life and experience of their culture.

Ways you can get Canadian experience as a freshman still, you can start working on perfecting your chops right down, if you're a freshman in Canada. You may not have a complete appreciation of how to ameliorate your experience in Canada but then are a many ways that will help you to attain it

Donating This is commodity that will keep you driving yourself in order to get a deeper understanding of the work in Canadian culture. It'll also help you to make a strong network with people you'll meet every day across all the sections of society. You can simply embrace diversity by interacting with them, understanding their culture, beliefs, traditions, and also brushing up their chops in English and French. You can use chops that bring the stylish for your occupation and are applicable to your field of interest and chops. The letters of referral handed by the association where you have donated preliminarily will also be helpful to you and your walk of professional life made them develop new chops. The crucial findings of the check are

44% bettered their communication chops

34% said that working as a levy has helped them to increase the knowledge of subjects in health, political issues, felonious justice and the terrain.

33% improves their chops of raising finances.

Office and specialized work experience chops bettered by 27%

64% interpersonal chops of the people have been bettered

As numerous as 39% have bettered their organizing chops

2.  Networking

You can make a strong network that's well- clued with the original, artistic, and marketing requirements. You can seek help from operations similar as LinkedIn and Facebook groups that correspond of people who have been born and brought up in Canada and therefore naturally have an idea about the country. You can seek advice from the professionals and seniors in your company and know further about the licenses and instruments that will be needed for your occupation. Attending conferences, events of networking, shops and having knowledge of the stylish practices are also helpful.

3.  Virtual literacy Understand papers, web journals, and online gatherings to know the most recent news and patterns in your assiduity in Canada. Watching the everyday news on Television is also a decent system for learning oratory, enriching your language capacities, and chancing out with respects to the rearmost happenings in legislative issues, sports, and so forth – this is useful for making casual badinage while organizing.

4.Connecting programs Crossing over programs, as the name proposes, empowers beginners to “gauge” their worldwide medication and experience by aiding them with uniting with neighborhood complete musketeers and assiduity specialists to get vocation direction. These meetings are moreover virtual or face to face and are coordinated by multitudinous administrations that supported agreement associations just as instructional foundations across Canada. Every association will generally have a multifariousness of systems, the craft of which can be plant directly on their point. For the people who live in Quebec, you can assemble Canadian experience by working in a Practice Establishment. Exercise Enterprises offer newbies the chance to refresh their sapience and get involved work sapience while leading a performing pursuit of employment. No real cash or pay rates are involved. It gives unemployed people a chance to work in a re-enactment of the business exercises of genuine business swapping. The total rundown of enterprises can be plant on the Canadian Practice Enterprise Network point.

5. Looking for brief or low conservation work in your field Making a stride down from your lately stood firm base in your nation of origin and figuring out a detail or part- occasion openings is one further system for acquiring Canadian experience. This will permit you to rehearse your capacities at work, show your capacities, close the hole in your capsule, and learn neighborhood stylish practices, dialect, and language, while passing on you with sufficient occasion to search for your ideal job.

[theimpossiblescheme]

Peter Vincent and Neena Thurman :)

Hiiiiiiiii, anon. :D

So welcome to another wonderfulcrossover Laces and I had thought of for an RP: “Tamara Winters”, also known asNeena Thurman or Domino, is assigned as protection detail to a young PeterVincent, whose reputation as Actual Factual Vampire Killer No Really Guys It’sNot Just a PR Stunt has made him a target for scared mutants and supernaturalcreatures who think he’s an actual threat. In helping to keep him safe and let him slowly realize that maybe he isgood for something other than saying lines to the camera, Neena finds herselffalling in love with Peter and he with her, and the two have to tiptoe aroundhis contractual purity to carry on a passionate affair.  Before long, Peter’s dreaming of a life withNeena where the spotlight doesn’t feel so constricting, and the news that she’sexpecting gives him an excuse to break out of the studio system and restart hiscareer on the stage far away from Hollywood, so they never have to keep theirnew little family a secret anymore.

And now, for the details on theirlittle girl…

Name: Bianca ElizabethVincent

Gender: Female

General appearance: Shehas her mother’s petite frame and black patch over her eye, but she shares herfather’s complexion and eye color.  Shealso has what can be described as a slightly sharper and more feminine versionof his face, particularly the nose.

Personality: She’s arebellious wild child of a girl with a huge daredevil streak, but it’s temperedwith a very sweet and people-oriented nature. She never wants to hurt anyone—it’s better if everyone’s having fun, notjust her.

Special talents: Like hermother, she has a form of Probability Manipulation.

Who they like better: Whenshe was little, Peter was her favorite parent, but she’s gotten very close toboth of them as she’s grown up.

Who they take after more:In a lot of ways, she’s almost exactly like Peter was when he was younger—a showyextrovert who would never hurt a fly. But her mother’s sense of dark humor is definitely in there, too.

Personal headcanon: Biancais a theater kid and kind of both the best and worst thing to happen to her dramadepartment.  On the one hand, she was neverreally happy with herself as an actress and tended to get into arguments withher directors.  On the other hand, thefact that she used to read and critique her father’s old shooting scripts hadstarted a passion for writing, so she decided to become a playwrightinstead.  She also helped out a lot withthe onstage electrics and special effects since those were always exciting forher.

Face claim: A mix of LaraRobinson, Anna Popplewell, Anna Friel, Charlize Theron, and Rinko Kikuchi

[edisonashley]

Section 230 (Mostly) Protects Zoom from Liability for Zoombombing

This is a privacy class action against Zoom. The opinion has several points of interest for privacy practitioners. I’m going to focus only on the court’s discussion of Zoom’s liability for Zoombombing, the COVID-era problem where malefactors crash a Zoom room uninvited and engage in disruptive and anti-social behavior. Zoom defended on Section 230(c)(1) grounds. Everyone agrees that the Zoombombers are third parties, so that element of the Section 230 defense is met. The plaintiffs contested the other two elements.

Is Zoom an ICS?

The court says the definition of “ICS” is “expansive.” Zoom qualifies as an “access software provider” because its software “transmits and displays video, audio, and written content.” This conforms with the 9th Circuit’s ruling that Kaspersky qualified as an access software provider, and I think it’s well-accepted that apps get full Section 230(c)(1) protection. Still, this is a relatively rare ruling on what constitutes an access software provider, especially in the Section 230(c)(1) context.

The court says Zoom also qualifies as an ICS provider because it enables multiple users to access computer servers. This means “Zoom is the video equivalent of an online messaging board. Users converse in real-time—and may use Zoom’s built-in chat feature too.” The fact that some Zoom rooms may be restricted to invited participants doesn’t affect this conclusion. “Factually, many Zoom meetings are open to the public. Legally, the public/private nature of a meeting is immaterial to whether Zoom is an ‘interactive computer service.’…the case law does not recognize a public/private distinction.” (Cite to Fields v. Twitter). The court summarizes:

it is irrelevant whether a message is directed at one recipient (like in Direct Messaging); a small group (like in an AOL chat room); or the public (like in messaging boards). The relevant question is whether an “interactive computer service” transmitted that message. The statutory text and case law show that Zoom is an interactive computer service.

Do the Claims Treat Zoom as a Publisher/Speaker?

Having concluded that the Zoombombing claims are based on third-party content, and Zoom qualifies as an ICS provider, the remaining Section 230(c)(1) question is whether the Zoombombing claims are “publisher/speaker” claims. The court summarizes: “Section 230(c)(1) largely bars Plaintiffs’ claims. For instance, Plaintiffs cannot hold Zoom liable for injuries stemming from the heinousness of third-party content…However, § 230(c)(1) otherwise allows Plaintiffs’ claims. For instance, Plaintiffs may claim that Zoom breached contractual duties because these duties are independent of Zoom’s role as ‘publisher or speaker.'”

To distinguish between preempted claims over third-party content and unpreempted claims over security breaches, the court starts with the proposition that Section 230(c)(1) protects content moderation decisions. Section 230’s “caption underscores that § 230(c) immunizes affirmative, good-faith acts,” and per Section 230(c)(1), “an interactive computer service can moderate third-party content without fear that it will be treated as the ‘publisher or speaker of’ that content.” Furthermore, “Section 230(b) declares the policy of the United States is to encourage content moderation—not to provide immunity so broad that content moderation becomes disincentivized.”

This statutory analysis shows that Congress did not provide “any intention to immunize conduct unrelated to content moderation, such a failure to protect users from a security breach.” Thus, a publisher/speaker claim occurs when:

First, these claims challenge the harmfulness of “content provided by another.” Second, these claims allege violations of a duty that does not “derive[] from the defendant’s status or conduct as a ‘publisher or speaker.’” Thus, § 230(c)(1) allows two types of claims: claims that either (1) are content-neutral; or (2) do not derive from defendant’s status or conduct as a publisher or speaker

The court explains these two categories:

Content-Neutral Claims. “It is irrelevant to these [content-neutral] claims whether third-party content on defendant’s platform is good or bad, displayed or hidden. Rather, liability stems from a content-neutral rule.” The court cites three examples of Ninth Circuit cases involving content-neutral claims:

HomeAway v. Santa Monica because banning rental bookings did not impose liability for the listings’ content. While the court correctly recounted the holding, I still disagree with it. I believe the 9th Circuit’s distinction is 100% illusory, because any listings that lead to illegal or unbookable bookings are bait-and-switch false advertising.

Nunes v. Twitter (note: the Nunes here is not Devin) because the TCPA bans unsolicited texts, regardless of the text’s content. In my blog coverage of the Nunes ruling, I described it as “bizarre because it gets the analysis precisely backwards.”

Doe v. Internet Brands because “failure to warn” claims are based on the service’s alleged omissions.

Claims Not Deriving from Publisher/Speaker Status. The court says contract claims are one such example, citing Barnes and Green v. AOL. Yet, this discussion doesn’t engage with the many cases where, in fact, Section 230(c)(1) has applied to contract claims that try to work around the Section 230 immunity–including Judge Koh’s own ruling in FAN v. Facebook and the recent and carefully drafted opinion in Murphy v. Twitter. So this part of the opinion leaves open some key questions about the interplay between contract claims and Section 230.

Section 230(c)(1) Mostly Protects Zoom from Zoombombing Claims

The court concludes: “The bulk of Plaintiffs’ Zoombombing claims lie against the “Zoombombers” who shared heinous content, not Zoom itself. Zoom merely ‘provid[ed] neutral tools for navigating’ its service” (cite to Roommates.com). That means the following claims survive the Section 230 analysis:

The Court denies Zoom’s motion to dismiss Plaintiffs’ contract claims. These claims do not derive from Zoom’s status or conduct as a “publisher” or “speaker.” The Court also denies Zoom’s motion to dismiss Plaintiffs’ claims to the extent they are content-neutral

The plaintiffs can amend their complaint to fit their claims into these standards.

Case citation: In re Zoom Video Cmmunications Inc. Privacy Litigation, 2021 WL 930623 (N.D. Cal. March 11, 2021). The complaint.

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