Procedure Title manage legal and ethical compliance

The scenario described is a plea bargain, in which the defendant agrees to plead guilty to a lesser charge or sentence in exchange for certain concessions from the prosecutor.

This scenario is an example of a plea bargain. A plea bargain is a negotiated agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty to a lesser charge or sentence in exchange for certain concessions from the prosecutor, such as a reduced sentence or dismissal of some charges.

In this case, the defendant is offered the opportunity to plead guilty to stealing a backpack and is promised time served in jail and the requirement to go into therapy as part of the agreement. Plea bargains are commonly used in criminal cases as a way to resolve cases without going to trial.

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If Monica does not respond to the complaint and summons served within the prescribed time limit, Roberto may obtain a default judgment.

When a defendant, in this case, Monica, fails to respond to a complaint and summons within the prescribed time limit, the plaintiff, Roberto, may request the court to enter a default judgment in his favor. A default judgment is a judgment entered by a court against a party who has failed to appear or otherwise respond to the allegations brought against them in a lawsuit.

It is a ruling in favor of the plaintiff, based solely on the defendant's failure to respond to the lawsuit. Once a default judgment is entered, the plaintiff may seek to collect the amount awarded by the court. However, it is important to note that a default judgment does not guarantee that the plaintiff will actually collect the amount awarded, as the defendant may still have options to challenge or appeal the judgment.

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The Supreme Court case that ruled that detainees in Guantanamo Bay are entitled to habeas corpus rights is Boumediene v. Bush (2008).

Habeas corpus means the right of someone who has been arrested to be brought before a court or judge. The right is based on the idea that a person cannot be imprisoned without evidence proving their guilt. In other words, Habeas corpus is a fundamental right that ensures the detention of a person must be based on a lawful reason.

In 2008, the Supreme Court ruled on the case of Boumediene v. Bush. The case challenged the legality of military tribunals that had been established to try detainees at Guantanamo Bay. The Supreme Court ruled that the detainees were entitled to the right of habeas corpus, which meant that they had the right to challenge their detention in court.

The ruling meant that the prisoners were entitled to due process and the right to be heard in court, just like any other individual who was imprisoned. This decision was a significant victory for the detainees, as it meant that they could now seek redress for their detention in court.

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It appears that the matter of Jeneba and Valry involves contract law.

The idea of substantial performance will be applied to provide a response to the query.

According to the doctrine of substantial performance, if one party fully complies with its contractual duties, the other party is obligated to do the same. Even though it cannot break the contract, the party who has not received full performance may be entitled to damages.

Jeneba and Valry had pledged to attend the four practice days before to the performance, but they did not show up for two of them, according to the law of substantial performance in the current instance. Due to the fact that they did not fully fulfill their responsibilities, this would constitute a breach of contract on their part. They were accessible for the show and the other rehearsal days, though. They had already basically fulfilled their commitments by making themselves accessible for the remaining days, therefore Yusifu's refusal to permit them to perform would also be considered a breach of the contract.

Although Jeneba and Valry could be entitled to compensation for the two lost practice days, they are unable to cancel the agreement because they have fulfilled their commitments in large part. If Yusifu declines to employ them for the remaining days of rehearsing and performing, it may also be considered a breach of contract. Therefore, it is advised that both parties reach a consensus and resolve the dispute out of court.

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Answer:

Because there are so many different view points of what the law is and its purpose in society. Therefore it is extremely difficult to give an exact definition as definitions vary from one person to the next, from one culture or country and the next.

Explanation: I had this same question on an assignment, the teacher left a checkmark on my assignment.

Free will serves as the fundamental tenet or foundation of classical thought. According to traditional criminology, people are rational individuals with free will who can make decisions in their own best interests.

According to the traditional theory of criminology, committing a crime is a free-will decision. The pain-pleasure principle is used to make this decision; it states that people behave in ways that maximise pleasure and decrease pain.

In traditional criminology, the concept of free will is used to explain why criminals choose to commit crimes and why the only approach to regulate it is to dissuade criminals and make them uncomfortable .

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The idea that variables should be the focus of research is connected to Newton's Law on the linearity of mass and motion, commonly referred to as the Law of Inertia.

What does the study of object motion in relation to Newton's laws entail?

Because they represent the cornerstone of classical mechanics, one of the primary areas of physics, Newton's laws of motion are significant. The study of mechanics focuses on how objects move or remain immobile in the presence of forces.

Why is the law of inertia sometimes used to refer to Newton's first law of motion?

The law of inertia states that every material body has a characteristic that prevents it from changing its state of rest or motion in its state of motion. This property is called inertia.

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In general, the requirements for maintaining a license can vary depending on the profession, industry, and location. Therefore, it is important to refer to the specific regulations and guidelines that apply to the particular license and provider in question.

Note that The answer is not possible to determine without knowing the specific license or industry being referred to. The requirements for maintaining a license can vary widely depending on the field and the state or country in which the license is issued.

However, common requirements for maintaining a license may include completing continuing education or professional development courses, paying renewal fees, meeting specific performance standards, and adhering to ethical or professional standards.

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Answer:

The Business, Careers, and Challenges of Security and Loss Prevention

Philip P. Purpura, in Security and Loss Prevention (Sixth Edition), 2013

Regulation of the Industry

The security vocation has its share of charlatans who tarnish the industry, and, as with many types of services offered to the public, government intervention has taken the form of licensing and registration. The Task Force Report and Hallcrest Reports recommend regulation of the security industry by all states. To protect consumers, the majority of states have varied laws that regulate, through licensing and registration, contract security officer services, private investigators, polygraph and other detection-of-deception specialists, and security alarm businesses. Security consultants are generally not regulated, but consumers should verify professional memberships and certifications. Although government regulation does not guarantee that all security practitioners will perform in a satisfactory manner, it does prevent people who have criminal records from entering the profession. In the case of applicants who have lived in multiple states, their backgrounds should be checked in each jurisdiction.

Another way the industry is regulated is through local, state, and federal agencies that contract out private security services and mandate various contract requirements (e.g., education, training, and character) to enhance professionalism and competence. Certain industries are regulated by the government and require stringent security standards. For example, the U.S. Nuclear Regulatory Commission issues rules and standards that must be followed by licensees of nuclear reactors to ensure safety and security. A variety of businesses, institutions, and other organizations also issue requirements. Notably, when a contract is awarded simply to the lowest bidder, professionalism may be sacrificed.

Attempts have been made through Congress to pass a national law to regulate the security industry. In 1995, Rep. Bob Barr (R-GA) introduced H.R. 2092, The Private Security Officers Quality Assurance Act. It languished in Congress in various forms until Rep. Matthew Martinez (D-CA) introduced a similar bill. Known as the Barr-Martinez Bill, if passed, it would have provided state regulators with expedited FBI criminal background checks of prospective and newly hired security officers. The minimal training standards were struck from the bill. These would have required eight hours of training and four hours of on-the-job training for unarmed officers and an additional 15 hours for armed officers. Critics argued that states are against such a national law and state regulations are sufficient.

Finally, Congress passed the Private Security Officer Employment Authorization Act of 2004 (included in the National Intelligence Reform Act of 2004), which enables security service businesses and proprietary security organizations in all 50 states to check whether applicants have a criminal history record with the FBI, which may emanate from one or more states. (National training requirements were not included in the legislation.) This law is significant and adds strength to criminal records checks of security officer applicants. Traditional name-based searches can result in false positives (i.e., an applicant’s name is incorrectly matched to an offender’s name or similar name) and false negatives (i.e., an applicant’s name does not result in a match because the applicant is using a different name or a database was omitted from the investigation). Because applicants may use different names and other bogus identifying information, fingerprints provide increased accuracy in background investigations. Under the act, security firm access to the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) also includes access to the Violent Gangs and Terrorism Organization File. Although not all security organizations are required to check these fingerprint databases for a match with their applicants, the effort and expense of doing so prevent litigation and the possibility that an applicant is a terrorist or other criminal. Cost is one of several factors that influence the extent of background investigations (Friedrick, 2005: 11).

Which government agency (or agencies) in your state regulates the private security industry? What are the requirements for contract security (“guard”) companies, private detectives, and security alarm installers? Are proprietary security organizations regulated in your state?

As per the above case of Susan, this defense is known as the statute of limitations. Hence, the correct option is C.

There are statutes of limitations in most jurisdictions. Defects that manifest themselves after a certain period are not actionable unless a crime or fraudulent act has been committed.

A statute of limitations is a rule established by a legislative body that specifies the longest period of time after an occurrence during which legal actions may be brought. In civil law regimes, it is also known as a prescriptive period. Although frequently going by various names and having different specifics, such periods do exist in a broad range of countries for criminal proceedings and civil law, such as contract law and property law.

Such clauses are frequently included in civil law systems' criminal and civil laws. The statute of limitations is determined by the basis for the action and may be shortened or prolonged to permit a complete and impartial trial.

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NOTE: The given question on the portal is incomplete. Here's the complete question.

QUESTION: Seventeen years ago, Susan designed a corrugated steel culvert for a rural road. Her work was accepted and paid for by the county engineering department. Last winter, the culvert collapsed as a loading logging truck passed over. Although there were no injuries, there was damage to the truck and the roadway, and the county tried unsuccessfully to collect on Susan's company's bond. The judge denied the claim on the basis that the work was done too long ago. This defense is known as:

(a) privity of contract

(b) duplicity of liability

(c) statute of limitations

(d) caveat emptor

To make claims during a bicycle accidents firstly all road users must understand that they have a duty to  be very careful and use the road safely and to claim for compensation, they have to prove that the accident was due to the other road users negligent and you got the injuries due their negligent

A claims works when a formal request is made  by a policyholder to an insurance company for a compensation to cover for a loss or damages during an accidents

The insurance company will have to  verify the claim to check if the accident did not occur due to negligent and then issue an  approval for payment to the insured or an approved interested party on behalf of the insured.

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Answer:

Explanation:

False- Punitive damages may be recovered in a concurrent common-law fraud action.

The given statement because punitive damages are not permitted under federal statutory law, a plaintiff suing for violation of section 11 of the 1933 act cannot file a concurrent common-law fraud action is FALSE.

Section 11 of the Securities Act of 1933 imposes strict liability on issuers, underwriters, and other specified parties for material misstatements or omissions in a registration statement. However, it does not preempt common-law fraud claims, which require a showing of intent or recklessness.

Although federal law does not provide for punitive damages in securities cases, some state laws do. Therefore, a plaintiff may be able to recover punitive damages in a concurrent common-law fraud action filed in state court.

In fact, courts have consistently held that Section 11 does not displace common-law fraud claims, and that a plaintiff may pursue both causes of action concurrently. The plaintiff may also elect to pursue only the common-law fraud claim and waive the Section 11 claim.

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Under common law, negligence involves a failure to exercise reasonable care that results in harm to another person or property. In this scenario, Mike's actions leading up to the car accident demonstrate negligence, as he failed to slow down at an intersection despite indicating and checking his rear-view mirror.

As a result of the accident, Jenny suffered minor injuries. In an action of negligence against Mike, Jenny would need to demonstrate that Mike's negligence was the proximate cause of her injuries. Given the facts of the scenario, it seems likely that Mike's actions did cause the accident that led to Jenny's injuries. As such, Jenny may have a strong case against Mike for compensation for her injuries and any resulting damages.

Fancy Shoes, on the other hand, may have a more difficult case against Mike. The factory was forced to shut down for two days, resulting in inconvenience and some expense. However, in order to prove negligence on Mike's part, the factory would need to demonstrate that Mike's actions were the direct cause of the electricity outage and subsequent shutdown. It is possible that other factors, such as a problem with the electricity infrastructure, could have contributed to the outage. As such, it may be more difficult for Fancy Shoes to prove negligence on Mike's part and to claim compensation for their losses.

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The issues in the case are:

Case 17: United States v. Michaels Jewelers, Inc.

Issue: Whether Michaels Jewelers, Inc. violated the Tariff Act of 1930 by importing and selling jewelry containing unlawfully smuggled diamonds.

Case 17.6: A.M. Knitwear v. All America, Etc.

Issue: Whether A.M. Knitwear or All America, Etc. is entitled to possession of the goods that were stolen from A.M. Knitwear and then sold to All America, Etc.

Case 17: United States v. Michaels Jewelers, Inc.

Issue: Whether Michaels Jewelers, Inc. violated the Tariff Act of 1930 by importing and selling jewelry containing unlawfully smuggled diamonds.

Rule: The Tariff Act of 1930 prohibits the importation and sale of goods that have been smuggled into the United States. Any person who violates the Tariff Act is subject to criminal penalties.

Analysis: In this case, the government alleged that Michaels Jewelers, Inc. violated the Tariff Act by importing and selling jewelry containing unlawfully smuggled diamonds. The facts of the case suggest that the company knew or should have known that the diamonds were unlawfully smuggled into the United States. Therefore, the company may be held liable for violating the Tariff Act.

Conclusion: Based on the facts and applicable rule, it is likely that the government will win the lawsuit against Michaels Jewelers, Inc. for violating the Tariff Act.

Case 17.6: A.M. Knitwear v. All America, Etc.

Issue: Whether A.M. Knitwear or All America, Etc. is entitled to possession of the goods that were stolen from A.M. Knitwear and then sold to All America, Etc.

Rule: Stolen goods that are sold to a bona fide purchaser are returned to the original owner, while goods obtained by fraud that are sold to bona fide purchasers remain with the purchasers.

Analysis: In this case, A.M. Knitwear was the original owner of the stolen goods. All America, Etc. purchased the stolen goods in good faith from the thief. However, since the goods were stolen, A.M. Knitwear is entitled to their possession.

Conclusion: Based on the applicable rule, A.M. Knitwear should win the lawsuit and be entitled to the possession of the stolen goods. The rule recognizes the importance of deterring theft by returning stolen goods to their rightful owner, even if it means that the innocent purchaser must bear the loss. In the case of goods obtained by fraud, the rule allows the bona fide purchaser to keep the goods to avoid disrupting commerce and to incentivize them to investigate the legitimacy of the transaction before purchasing.

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Neoconservatism and postmodernism are the two intertwining trends in late critical criminology that have had the biggest influence.

A contemporary theory for examining the causes, remedies, and prevention of criminal conduct is the postmodern criminal theory. According to this theory, crime is a social construct that develops as a result of complicated interactions between people who co-produce their surroundings, which in turn reproduces unique behaviours and identities like criminality.

Though he did not explicitly advocate for it, French philosopher Michel Foucault is widely regarded as one of the most influential proponents of this method.

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Answer:

Ballistics is the science of studying the motion, behavior, and effects of projectiles, such as bullets and missiles. It is a critical area of forensic science that plays a crucial role in criminal investigations and the justice system. Ballistic analysis can be used to determine the source of a firearm, the trajectory of a bullet, and the nature and extent of injuries caused by gunshot wounds. It can also be used to match bullets or cartridge cases recovered from crime scenes to specific firearms. The importance of ballistics in criminal investigations cannot be overstated, as it provides crucial evidence that can help establish guilt or innocence and ensure that justice is served. In summary, ballistics plays a crucial role in the investigation of firearm-related crimes, providing key evidence that can be used to solve cases and bring perpetrators to justice.

Explanation:

Answer:

I believe the answer is D Kentucky

Explanation:

If a party fails to perform a non-binding promise, contract law will not provide a remedy. Thus, the correct answer is b. Contract law will not provide a remedy.

A non-binding promise is a promise that does not create a legal obligation or liability. It is a promise that cannot be enforced through legal proceedings, such as a lawsuit. The person who makes the non-binding promise cannot be held legally accountable if they fail to fulfill it.

When a party fails to perform a non-binding promise, contract law will not provide a remedy. This is because non-binding promises are not legally enforceable. The law cannot force someone to fulfill a promise that is not legally binding.

However, a party may be able to seek other remedies outside of contract law, such as through mediation or arbitration. But these remedies are not guaranteed, and the damages that can be awarded will be limited. Therefore, parties should be careful when making promises and should only make promises that they are sure they can fulfill.

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Bret may not win the case since the pig farm is already established and may have legal rights to operate. However, it ultimately depends on the laws and regulations in the area and the evidence presented in court.

Bret may not be able to sue the pig farm for damages just because of the unpleasant smell. The laws and regulations regarding pig farms vary depending on the jurisdiction. In general, pig farms must comply with laws that limit their emissions and environmental impacts. If the pig farm is violating these laws, Bret may have a case.

However, even if the pig farm is not breaking any laws, Bret may still have a case if the smell is so bad that it constitutes a nuisance.

In order to prove that the pig farm is a nuisance, Bret would need to provide evidence to the court that the smell is so bad that it interferes with his ability to enjoy his property. This may include testimony from neighbors or experts, as well as evidence of attempts to mitigate the smell, such as air filters or odor control measures.

In summary, it is difficult to predict who will win in this case without more information. Bret may have a case if the pig farm is violating laws or if the smell constitutes a nuisance, but ultimately it will depend on the specific facts and evidence presented in court.

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Inchoate crimes are those that involve the attempt or intention to commit another crime, even if the person does not actually carry out the crime they intended.

Inchoate crimes are those that involve the attempt or intention to commit another crime, even if the person does not actually carry out the crime they intended. There are three main types of inchoate crimes: attempt, conspiracy, and solicitation.

Attempt is the most straightforward of the inchoate crimes. It occurs when an individual attempts to commit a crime, but is unable to complete it for some reason. For example, if someone tries to break into a house but is caught before they can steal anything, they could be charged with attempted burglary. The key element of an attempt crime is the intent to commit the underlying offense. In order for a person to be found guilty of an attempt crime, they must have taken a substantial step toward the commission of the crime and had the intent to commit the crime.

Conspiracy occurs when two or more people agree to commit a crime, and take some action in furtherance of that agreement. The key element of conspiracy is the agreement between two or more people to commit a crime. The crime of conspiracy is separate from any actual crime that may have been committed as a result of the agreement. For example, if two people agree to rob a bank and one of them goes through with the robbery while the other stays behind, the second person can still be charged with conspiracy to commit robbery.

Solicitation is the act of asking, encouraging, or requesting another person to commit a crime. The key element of solicitation is the intent to have someone else commit a crime on your behalf. The person who solicits the crime does not have to actually commit the crime themselves. For example, if someone hires a hitman to kill their spouse, they can be charged with solicitation of murder even if the hitman does not go through with the crime.

The system needs to punish people for inchoate crimes for several reasons. First, inchoate crimes are a way to prevent people from committing more serious crimes. By punishing people for attempt, conspiracy, and solicitation, the legal system can deter others from committing crimes in the future. Second, inchoate crimes hold people accountable for their actions even if they did not succeed in committing the crime they intended.

This helps ensure that people are held responsible for their intent to commit a crime, even if they are not successful in carrying it out. Finally, inchoate crimes can help law enforcement prevent crimes before they happen. By investigating and prosecuting inchoate crimes, law enforcement can disrupt criminal activity before it results in a completed crime.

In conclusion, inchoate crimes are crimes that involve the attempt or intention to commit another crime, even if the person does not actually carry out the crime they intended. The three main types of inchoate crimes are attempt, conspiracy, and solicitation.

The legal system needs to punish people for inchoate crimes in order to prevent future crimes, hold people accountable for their actions, and help prevent crimes before they happen.

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Many states hold that a public officer who willfully delays bringing a defendant before a magistrate for arraignment is guilty of a misdemeanor or other criminal offense.

Arraignment is a critical step in the criminal justice system that takes place after an arrest. It is when the defendant is formally charged with a crime and is informed of their constitutional rights, including the right to counsel. Delays in arraignment can result in prolonged detention, which can violate a defendant's due process rights and create overcrowding in jails.

As a result, many states have laws that require public officers to promptly bring defendants before a magistrate for arraignment. When an officer willfully delays this process, they can be charged with a misdemeanor or other criminal offense. This serves as a deterrent to ensure that defendants' rights are protected and the criminal justice system operates efficiently.

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The lack of a federal court system under this law led to inconsistency, lack of uniformity, difficulty in resolving interstate disputes, and challenges in enforcing national laws and protecting individual rights.

Some problems with the law that allowed individual states to create their own courts without a federal court system were:

1. Inconsistency in laws: Since each state had its own court system, different interpretations of the Constitution and laws could lead to inconsistency across states.

2. Lack of uniformity: The absence of a federal court system meant that there was no uniformity in the application of laws across the nation.

3. Difficulty in resolving interstate disputes: Without a federal court system, it was challenging to resolve disputes between states, as each state's court might favor their own state's interests.

4. Inability to enforce national laws: The lack of a federal court system made it difficult for the national government to enforce its laws consistently across all states.

5. Limited protection of individual rights: Without a federal court system to ensure the consistent interpretation and protection of individual rights, citizens' rights could vary significantly from state to state.

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When you can’t determine who arrived at an intersection first yield to the vehicle on the right.

In situations where it is unclear which vehicle arrived at an intersection first, it is recommended to yield to the vehicle on the right. This is commonly known as the "right-of-way" rule, which means that the vehicle on the right has the right to proceed first.

However, if there are traffic signals or signs present at the intersection, you should follow them accordingly. It is always important to be cautious and aware of your surroundings while driving, especially at intersections where accidents are more likely to occur.

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The tax percentages for each type of tax and their actual amounts would be:

The percentage of the taxes in question are shown on the left side of the picture.

The actual taxes are:

Federal :

= 7. 57% x 1, 560

= $ 118.10

FICA Medicare ;
= 1. 45% x 1, 560

= $ 22.62

FICA Social security :

= 6. 20% x 1, 560

= $ 96.72

State taxes :

= 3. 65% x 1, 560

= $ 54. 75

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In the world of labour relations, employers' associations play a significant role. In discussions with trade unions, governmental agencies, and other stakeholders, they act as an employer group's collective voice and advocate for the interests of employers.

One such organisation, the Association of Tanzanian Employers (ATE), is important to the nation's labour relations. Almost 800 businesses, from both large- and small-scale sectors, are represented by ATE, which was established in 1960.

ATE works in a variety of actions to accomplish its objectives, including advocating for favourable labour laws, setting up training courses for business owners, and encouraging social interaction amongst business owners.

Moreover, ATE acts as a mediator in conflicts between employers and employees, advising and supporting its members to make sure that conflicts are settled peacefully.

In Tanzania, ATE has played a significant role in advancing respectable employment and ethical workplace procedures.

Employers' organisations like ATE are crucial workplace actors in labour relations, to sum up. They provide employers a platform to express their worries and advocate their interests in numerous venues.

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The most likely remedy to be awarded by a court in a breach of contract case where the contract does not limit remedies is specific performance, which requires the breaching party to fulfil the terms of the contract.

When there is a breach of contract and the contract does not restrict remedies, the most likely remedy that a judge will give is specified performance. This requires the breaching party, in this instance Kirby, to fulfil the contract's conditions, which include selling the home to Marta as promised.

Specific performance is frequently given when monetary damages would not properly recompense the non-breaching party, such as when a unique or irreplaceable object, such as a home, is involved. Other possible options include monetary losses, contract rescission or reformation.

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Answer:

A. i think

Explanation: