4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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The Psychological Contract Shein (1980) explained the concept of the psychological contract as a set of mutual expectations held between the employee and employer within the workplace. It is an unwritten set of expectations operating at all times. It can also be described as individual beliefs shaped by the organisation that relates to the expectation the employee has in terms of pay‚ fair treatment‚ opportunities etc and the expectations that the employer has in terms of performance‚ loyalty‚ etc
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CONTRACT AND RELATED OBLIGATION Prof. Hillman I) Theories of Obligation A) CONTRACT: Agreement with Consideration – Bargain Theory of Consideration Definition: A promise that is supported by consideration because the promisor gets something (extracts) from the promissee in exchange for the promise. Ex: I tell Alice I will sell her my piano for 400 dollars and she agrees. I promised my piano in exchange for something (400 dollars) therefore my promise is enforceable. 1) Bargained
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Critically evaluate the utility of the psychological contract for understanding the contemporary employment relationship. (2500 Words) Introduction Up until the 1990’s the psychological contract didn’t get a lot of research literature‚ whereas more recently it has become increasingly popular‚ and vast in both volume and critique. It is suggested that this blossoming of research is because of fundamental changes in the workplace‚ commonly referred to as the ‘new deal’ (Sparrow 1999). The traditional
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CONSENSUAL RELATIONSHIP AGREEMENTS: LOVE CONTRACTS When we think of work its’ connotation leads us to think of our way of life. It’s our way to make money‚ keep a roof over our heads‚ as well as put food on the table. Over time‚ through many studies‚ it has become a known fact that America is one of the most work-oriented nations in the world. Americans have a reputation for spending more time at work than we do at home. With that in mind‚ why is finding love in the workplace considered something
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Ethical Theory Comparison Ethical Theory Comparison Ethics are a part of everyday life. Dependent on the individuals focus‚ ethics can be a core value or a term used when needed. This comparison will assist with understanding the morality of individual decisions or choices based on the ethical system inherited. Virtue based theories centers on good character behavior‚ a type of human growth that forms good decision making and control of bad habits. Virtue also creates a format that eliminates
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Get Essays - Essay Search - Submit Essays - Request Essays - Essay Links - FAQ Compare Mill and Kant’s ethical theories; which makes a better societal order? John Stuart Mill (1808-73) believed in an ethical theory known as utilitarianism. There are many formulation of this theory. One such is‚ "Everyone should act in such a way to bring the largest possibly balance of good over evil for everyone involved." However‚ good is a relative term. What is good? Utilitarians disagreed on this subject
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Utilizing this theory‚ paying particular attention to the “change in individual lives and family units over time by tracing individual developmental trajectories or paths” (Striver‚ 2015‚ p. 168)‚ a social worker may argue that the effect of Jacob’s family history over time has led him to the current problem he is facing today. The life course of his family through the recession of the late early 2000’s could have led to the poverty state in which he was raised‚ contributing to the lack of support
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Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume that a contract must
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