the most important workplace attribute is compensation‚ (The Increasing Call for Work-Life Balance‚ 2009). Not only must wages be set high enough to motivate and attract good talent‚ they must also be equitable—that is‚ the wage must accurately reflect the value of the labor performed. Fair and equitable compensation is a crucial factor in the success of an organization. It is important because it is a tool that is used to recruit‚ maintain‚ and motivate their employees to contribute to the organization’s
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The expert said that even in a tough economy the card would likely bring $80‚000 at public auction. Mrs. Covington brings an equitable action to rescind the contract‚ get her card back and return the $1 to Michael. Case: Elizabeth Covington vs. Michael Ferrell (2010) Facts: Elizabeth Covington versus Michael Ferrell. Plaintiff: Elizabeth Covington brings an equitable action movement to court against Michael Ferrell to receive legal relief for Michael Ferrell having made false representations
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Describe the remedies available for breach of contract When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform‚ precisely and exactly‚ his obligations under
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Fair and Equitable Compensation MGMT 365 04/01/2012 MGMT 365 04/01/2012 Fair and Equitable Compensation Compensation is an important factor in the business world; both for employees and employers. Employees are trying to get what they feel they are worth. On the other side employers are trying to get quality workers at the best price they can; this is so they can increase their bottom line. Depending on which side you are on‚ the views of what is fair and equitable varies. The key is to
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Law and Equity Essay (a) Outline the development of common law and equity. There was no system of law in England and Wales before 1066‚ as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries. There were various methods of creating laws which were called “sources of law”. However‚ in the 18th Century Parliament became more powerful which lead the Acts of Parliament (statues) to
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procedure or done an error in the formalities‚ the person making the claim would lose the case even though that person obviously suffered a wrong. It is one of the equitable maxims that ’Equity looks to the intention and not the form’ which stands that it is fair to look at the intention rather than the fact they got the formalities wrong. This maxim was shown in the case of Berry v Berry (1929) where a deed was held to have been altered by a simple contract which is not possible in common law. However‚
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Equitable remedies seek to prevent or redress harm caused by the breach of equitable and legal principles. Unlike the common law remedy of damages‚ they are not punitive in either nature or intent. Equitable remedies refer to specific types of remedies available in court cases that can only be granted by a judge. A judge will grant‚ or not grant‚ a given equitable remedy based on the circumstances of a particular case. As such‚ equitable remedies are different from legal remedies or remedies granted
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What are the exceptions to the maxim “equity will not assist a volunteer? Give factual examples to support answer and relevant cases. There are certain known exemptions to the rule that equity will not assist a volunteer . a) These are where the proposed donee has acquired title to the property by being chosen as administrator of the donor’s estate . That is if a donor has endeavored to create an instant bequest inter vivos to a donee which have not passed by reasons of the fact that the lawful
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What is the legal meaning and grounds of rectifications? Rectification is a discretionary equitable remedy whereby an instrument which does not accord with the intentions of the parties to it‚ due to fraud or mistake‚ may be corrected. -It is not the contract that is rectified but the instrument recording the contract. What is instrument? Instrument is when put writing as the means of giving formal expression to some act‚ writing expressive of some act‚ contract‚ process‚ as a deed‚ or contract
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Equitable distribution of marital assets and liabilities.-- (1) In a proceeding for dissolution of marriage‚ in addition to all other remedies available to a court to do equity between the parties‚ or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets‚ the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities‚ and in distributing the
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