You are examining the inside of a cell and notice a structure that has some unique qualities. You determine that the structure is found in the cytoplasm, and some are also associated with a membrane. A colleague was able to identify that the structure is composed of two pieces that are composed of RNA and proteins. Which structure have you identified?
Read DetailsOwner (“O”) hires BuildCo (“B”) as general contractor to construct a medical office building for a lump sum of $10 million. The contract includes: A “no oral modifications” clause, requiring written, signed change orders for any adjustments to price or schedule. A provision that only O’s “Authorized Representative,” named in the contract as the Director of Facilities, may approve change orders. A clause that progress payments are acceptance of work “to date,” but not a waiver of claims that have been properly reserved in writing.” During construction, O’s on-site project manager (“PM”), who is not the named Authorized Representative, discovers a significant design issue: the specified foundation is inadequate given subsurface conditions. PM emails B: “Proceed immediately with the deeper caissons and upgraded rebar; we’ll sort out the price in a change order later. We must keep the schedule.” B replies: “Understood. We’ll proceed with the revised foundation. We will seek an equitable adjustment to contract price and time, which we expressly reserve.” B performs the additional work. The cost of the extra foundation work, supported by detailed cost records, is $800,000 above what the original foundation would have cost. O’s accounting department, unaware of the unresolved change, later approves and pays several progress payment applications that itemize “Foundation Work – Extra Deep Caissons” in B’s schedule of values, but no formal, signed change order is ever issued. At project closeout, O refuses to pay the $800,000 extra, arguing: There is no written change order signed by the Authorized Representative, as required by the contract, and PM lacked authority to modify the contract. In a jurisdiction that follows mainstream U.S. common-law contract principles, which of the following is the most accurate statement about B’s likelihood of recovering the $800,000?
Read DetailsPaula rented an apartment to Dave for $500 per month. Paula and Dave signed a one-year lease, to be effective beginning January 1st. After three months, Dave decided that he did not like the apartment. He gave Paula a 30-day written notice, stating that he would vacate the rental unit at the end of the thirty days, which was April 30th. Upon receipt of Dave’s notice, Paula made reasonable efforts to find a new tenant. Nevertheless, the apartment remained vacant from May 1st thru June 30th. Paula re-rented the apartment beginning July 1st for one year. Paula sues Dave in small claims court. What is the likely outcome?
Read DetailsThe patent specification is the written description of the invention. This is where the invention itself is described and where a reader who is ________________ can learn how to make and use the invention. This is the heart of the patent and also the “trade-off” made by the inventor, as it divulges to the world the mechanism by which the patented process can be reproduced. Patents can be thought of as social contracts. In exchange for telling the world how to make and use one’s invention, society gives one certain exclusive rights to that invention. According to the USPTO, the specification “must be in clear, full, concise, and exact terms to enable any person skilled in the art or science to which the invention pertains to make and use the same.” (R)
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