CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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Aspects of Contract and Negligence for Business Y/601/0563 15 4 Writer of the brief: Internal Verifier name: Mr Alfred Dr. Keith Learning outcomes and criteria covered by this assignment: All pass criteria All merit descriptors All distinction descriptors Key dates: Assignment distribution date to learners: Assignment/Portfolio submission date for TASK 1 & 2: Assignment/Portfolio submission date for TASK 3 & 4: Assignment/Portfolio returns date to learners (if applicable): 13 May
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“The mere existence of the core elements of offer‚ acceptance‚ and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an ’offer ’ and an ’acceptance ’ and involves the ’meeting of the minds ’ or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay‚ the four core elements needed for the formation of a contract such as offer‚ acceptance‚ and
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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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a series of events. In the first scenario‚ Patty Plaintiff could use all four parts of the tort claims. The four elements she will need to prove that she is not guilty is Duty‚ Breach‚ Cause‚ and Harm In this case‚ Patty who would be consider the plaintiff owes the defendant (security guard) nothing at all. She did what any other normal person would do‚ which was leave the store in a hurry due to the fact she had someone important to be. The second tort claim would be breach. A breach is a violation
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HBR Case Study Security Breach at TJX 1. What are the (a) people‚ (b) work process and (c) technology failure points in TJX’s security that require attention? While it is known that all retailers‚ large and small‚ are vulnerable to attacks‚ several factors including people‚ work process‚ and technology require attention so as to prevent another major attack from hitting TJX. The people associated with the attack who need attention are the top-level executives and‚ more importantly‚ the Payment
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3.3 Contractual Duties: Breach The agreement also was premised one of the main issues regarding the relationship between banks and its potential customers. In such circumstances it is well-known that a number of statutory procurements has been established in order to ensure premium shopper with an exact termination purpose and in regards to the inequalities of the bartering power of the banks. Moreover‚ this statutory procurements are able to save any kind of injurious tern might influence the enthusiasm
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delay must be compensated. The amount of compensation is usually set in advance and called ‘liquidated damages’ - Use a straightforward calendar date to name the delivery date: 15th September 2010‚ for example. The parties often plan for the contract to come into existence in two steps: the signature date and the date of coming into force. The date of coming into force is not usually a calendar date‚ but the date on which the last precondition is met. Common preconditions are: + Receipt
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INTRO 1. Pakistan International Airlines (Urdu: پاکستان انٹرنیشنل ایئر لائنز; less formally known as PIA; or Pakistan International)‚ is the national flag carrier and a state-owned enterprise of the Government of Pakistan. Headquartered at Jinnah International Airport in Karach. it operates scheduled services to 24 domestic destinations and 38 international destinations in 27 countries across Asia‚ Europe and North America. Its main bases are at Karachi‚ Lahore and Islamabad/Rawalpindi. 2. The
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A contract is a legally binding agreement or relationship that exists between two or more parties to do‚ or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must be backed with an acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and
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