YOU CAN’T HAVE A BIGGER PIE‚ WITHOUT A BIGGER PAN; THE FORCES BEHIND INTEGRATIVE BARGAINING By Joseph Brick 1 ABSTRACT Integrative bargaining is a highly effective means of negotiating an agreement. However‚ it is also an underutilized method. Although there has been a recent focus on the topic in the past thirty years‚ the factors which deem it beneficial are still little understood. What this paper attempts to set forth is an explanation of why integrative bargaining is a successful and
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Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?- promise or set of promises‚ for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language‚ oral or written b. implied: formed by manifestations of assent other than oral or written language; by conduct. c. quasi: not contracts at all‚ construed by courts to avoid unjust enrichment‚ by permitting plaintiff
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Contracts Shannon Tyler LAW/421 January 15‚ 2015 Robert Casey Introduction In law‚ contracts tend to be the most studied area for business majors. It is essential part of business that business owners‚ managers and entrepreneurs deal with on a day-to-day basis. According to Melvin (2011)‚ a contract is a promise or set of promises enforceable by law. So a promise made between parties that can yield consequences is nothing to play with. The potentially harmful results of these consequences is a reason
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contract law The many doctrines of promissory estoppel If one concept in the early part of the contract law syllabus is difficult for the law student to digest‚ it is promissory estoppel‚ usually learned alongside the doctrine of consideration. This article tackles this tricky topic by dissecting promissory estoppel. by Adam Kramer‚ Lecturer in Law‚ University of Durham Promises are special in our society because there is a societal or moral convention that allows a promisor to be treated as
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THE ETHICS OF PRICE GOUGING Matt Zwolinski Abstract: Price gouging occurs when‚ in the wake of an emergency‚ sellers of a certain necessary goods sharply raise their prices beyond the level needed to cover increased costs. Most people think that price gouging is immoral‚ and most states have laws rendering the practice a civil or criminal offense. The purpose of this paper is to explore some of the philosophic issues surrounding price gouging‚ and to argue that the common moral condemnation
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� PAGE * MERGEFORMAT �1� Property 2 Constitution is the last of the formalities that the law requires to create an effective and enforceable trust. Failure to constitute a trust will mean that no gift or trust is applicable; and the law that relates to perfect constituted gifts and trusts will not be appropriate. Moreover‚ the axiom of equity will intervene: "equity will not perfect an imperfect gift". The state of equity at the start of 21st century has changed significantly through a number
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Laws 310 Midterm Exam Study Guide YOU MAY WANT TO PRINT THIS GUIDE. 1. The Midterm Exam is open book‚ open notes. The maximum time you can spend in the exam is three hours‚ 30 minutes. If you have not clicked the Submit for Grading button by then‚ you will be automatically exited from the exam. In the Midterm Exam environment‚ the Windows clipboard is disabled‚ and so you will not be able to copy exam questions or answers to or from other applications. 2. You should click the Save Answers button
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Contract: a legally enforceable agreement General Rule (GR) for an agreement to be legally enforceable‚ following requirements must be satisfied: 1. There is an agreement between the parties (2 or more persons) 2. The parties intended to create legal relations 3. Each party has provided consideration‚ that is‚ paid a price or made a promise GR for an agreement to be formed: 1. One person (the offeror) has made an offer 2. Another person (the offeree) has accepted the offer 3. The offeree
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Introduction By English land law is meant the land law of England and Wales‚ two of the four parts of the United Kingdom of Great Britain and Northern Ireland‚ the other two parts being Scotland and Northern Ireland. England and Wales use the same land law‚ and Northern Ireland (like the Irish Republic) also uses English land law‚ but subject to the legislation of its own Parliament. There is‚ therefore‚ no such thing as British land law. The English Land law can only be explained by an elaborate
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CONSIDERATION Preexisting Duty: A promise to do (or refrain from doing) what one already has a legal duty to do (or refrain from doing) generally does not constitute legally sufficient consideration. However‚ under the “unforeseen difficulties” doctrine‚ an existing contract may be modified to account for unforeseen difficulties that arise during the course of performance. In such a case‚ the promisee’s obligation under the modified contract is new consideration. Likewise‚ if the parties agree
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