Contract Negotiations Cathy Piersall OMM618: Human Resources Management Instructor: Fabio Moro March 14‚ 2013 The producers said the WGA was not bargaining in good faith. What did they mean by that‚ and do you think the evidence is sufficient to support the claim? Firstly‚ everyone understand what Good Faith bargaining stands for: Good-faith bargaining generally refers to the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within
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resurrected by Lord Denning in the leading case of Central London Property Trust Ltd v High Trees House Ltd. Promissory estoppel There are three exceptions to the rule in Pinnel’s case. They are composite agreement‚ payment of debt by third party and promissory estoppel. The rule in Pinnel’s case (1602) 5 CoRep117a is that part payment of debt is not good consideration to forgo the balance. Thus the creditor may sue for the remaining debt unless there is fresh consideration. Promissory estoppel
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Chapter 7 Critical Thinking Exercise 1. Define the Objective Theory of Contracts. Answer: Objective Theory of Contracts is defined as the parties’ assent is not judged by the subjective intent by each party‚ but by the objective intent that a similarity situated reasonable person would understand the parties to have. 2. On May 1‚ Brand Name Industries‚ Inc. (BNI)‚ sent Carol a letter‚ via overnight delivery‚ offering to employ her to audit BNI’s financial statements for the current year
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Constitutional Law - The term constitution comes from the Latin word constitutio‚ used for regulations and orders. Constitutional law is also referred to as “supreme law or “highest law of the land”. This is because it is the foundation of a state wherein it comprises primary law and fundamental principles which defines the relationship of the three important branches within a state‚ namely‚ the executive‚ the legislature and the judiciary. This law also illustrates the scope and limitations of the
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Have you ever gone to Kansas City to go to worlds of fun? I have; I had to sit in a car for five hours in a tight space. It’s pretty easy‚ but you always need to stretch and go to the bathroom. We finally made it. When I first saw the rides I almost passed out‚ that’s how awesome it is. My family and I gave them our tickets and said can we all go on that one‚ my mom said yeah let’s all go on it. First we got on‚ then it started it was already going fast‚ speeding up every second. We were all holding
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Business Scenarios and Case Problems 9-1. Contracts by Minors…Discuss Kalen’s liability in this situation. Kalen is a seventeen year old boy who rented an apartment for $500 a month‚ after consistently paying for rent for 4 months‚ he decides to return the key and not pay rent for the rest of the remaining months on the contract. I would think that this is classified as “disaffirmance”. Since he is seventeen‚ and a minor when he leaves the apartment‚ he is able to legally avoid his contractual obligation
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Many employers now require that employees‚ as a condition of being hired‚ sign employment contracts that contain non-compete or non-solicitation provisions. A non-compete provision prohibits the employee from starting a business in competition with their current employer (or perhaps also prohibiting the employee from going to work for a close competitor). A non-solicitation provision prohibits the employee from contacting the customers of the employer in hopes of taking their business away from the
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contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to the world”1‚ K ’s advertisement is an "invitation to treat"2. It cannot be construed as an offer as it shows no intention on K ’s part to be bound to its terms‚ in contrast to the wording of the advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A ’s letter to K dated 21 April is the first possibility of an offer. However the terms of this letter are too vague to be construed as an offer
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Definition Bilateral Contract A bilateral contract is a legal agreement formed between two parties where both parties involved give mutual promises that they both are legally obligated to perform an act in exchange for the other party’s act in future. It means the promise of one party is consideration supporting the promise of the other party. Each party is both promisor and promisee. A bilateral contract specifies a duty to act in exchange for another party’s duty to act. It is also called "reciprocal"
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WHICH ARE REQUIRED FOR THERE TO BE A VALID CONTRACT. LIST AND DISCUSS THEM AND SAY WHAT HAPPENS IF ANY ONE OF THE ELEMENTS IS MISSING. All agreements are not contracts. A contract is a legally binding agreement between two or more parties. An agreement that is not enforceable by law is not considered a contract. There are many elements that are required for a contract valid‚ offer and acceptance‚ intention to create legal relationship‚ capacity of the parties‚ consent‚ consideration‚ legality of object
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