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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Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and the contract is then enforceable
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Employee Resourcing – The Psychological Contract How can we define the psychological contract? Is it the set of mutual obligations/expectations and more often than not aspirations between employer and employee that extend beyond the formal‚ written contract of employment? This is the general consensus with modern scholars and workers alike‚ but just how far is this assertion true? The problem is trying to evaluate what the psychological contract actually is and what it stands for in our
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Understand employment responsibilities and rights in health‚ social care or children and young people’s settings. 1.1 Know the statutory responsibilities and rights of employees and employers within own area of work. List the aspects of employment covered by law. Minimum wage‚ Hours worked‚ Discrimination‚ Health and safety‚ Holiday entitlements‚ Redundancy and dismissal‚ Training‚ Disciplinary procedures‚ Union rights and consultation‚ among many others. Labour law covers the deal between employee
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Employment-At-Will Doctrine Law‚ Ethics & Corporate Governance LEG 500 Employment-At-Will Doctrine Skills‚ Competence‚ and Abilities First‚ I would go back and review all documents recorded during Jennifer’s interview and most importantly her resume. All other employees ‘documents that were hired in the same and/ or equal positions will be reviewed as well. All employers expect to hire the best qualified employeeswho have the right skills‚ competence and abilities for the job; therefore
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Assignment #1 IDPM60131 Work and Employment in the Global Economy (Global value chains‚ production networks‚ and global labor flexibility) IDPM Industry‚ Trade‚ and Development MSc 9574201 Hiroto SORITA (800 words) 23 Sep‚ 2014 Introduction Since the commodity chains or networks‚ which begin with crude materials and finally vary to a finished product in order to conduct sales in the global market (Rainnie et al.‚ 2011)‚ have highly received consciousness‚ many researches‚ especially from
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Running head: MORAL AND ETHICAL ISSUES OF TERMINATION Moral and Ethical Issues Involving Employment Terminations University of Phoenix MGT216 Moral and Ethical Issues Involving Employment Terminations When the decision is made to terminate an employee-employer relationship‚ the employer faces a far more daunting challenge than simply being able to terminate the employee‚ with or without due cause. Difficult steps must be taken to ensure that all precautions‚ legal and ethical‚ have been
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Contracts Review Common law majority Rule UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE! 34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs)‚ Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute
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company can discharge employees without a reason. There must be a legal reason for the discharge. Now‚ there are exceptions to the employment at will doctrine. The exceptions are as follows: 1. Bad faith‚ malicious termination in violation of public policy‚ 2. Termination in breach of the implied covenant of good faith and fair dealing. 3. Termination of an implied contract term 4. Violation of the promissory estoppel where the employee relied on the employers promise. There are other exceptions that are
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definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962‚ a new type of term-intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit
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