Anglo-American Contract and Tort law Interpretation of contracts ‘’ To what extend does the interpretation of Dutch contracts differ from English contracts. ’’ Naam: A.N.Y. van der Looij Studentnummer: 5610303 Begeleider: Professor H. Beale Amsterdam‚ 14th of June 2013 Table of contents Chapter 1 Preface 3 1.1 Neccessity of interpretation 3 1.2 ‘’Objective’’ and ‘’Subjective’’ interpretation 3 1.3 Unambiguous clauses 4 1.4 Priliminary negotiations
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Formation of contract The green van Hubert’s initial e-mail is merely an invitation to treat‚ demonstrating only a willingness to negotiate rather than an intention to be bound by acceptance. The response from Philip to Hubert’s preliminary enquiry about the green van is‚ however‚ clearly an offer. There is intention to be bound by acceptance‚ demonstrated by the expression “when do you want it?”‚ combined with identification of the essential elements – the price (£30‚000) and the subjects (the
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petitioner‚ vs. HON. TOMAS ACHACOSO‚ in his capacity as Administrator of the Philippine Overseas Employment Administration‚ and FERDIE MARQUEZ‚ respondents. TOPIC: The invalidity of the power of the Secretary of Labor to issue warrants of arrest and seizure under Article 38 of the Labor Code‚ prohibiting illegal recruitment. FACTS: Rosalie Tesoro filed a sworn statement with the Philippine Overseas Employment Administration (POEA) charging petitioner Hortencia Salazar‚ viz: “Upang ireklamo sa
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GENERAL PRINCIPLES OF THE LAW OF CONTRACT INTRODUCTION Definition S.2(h) Contract Act 1950 : An agreement enforceable by law. Legally binding between parties. 2 INTRODUCTION (continue..) (a) (b) Legislation governing contracts: Contracts Act 1950 English Law - By virtue of S.5 of the Civil Law Act (When there are no provisions in the Contract Act) 3 INTRODUCTION (continue..) 4 OFFER / PROPOSAL Definition S. 2(a) Contracts Act “When one person signifies
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Europe and Paul Gaudin the marketing manager for VCM have started the discussion of the renewal of the contract with Reliant. Their data according to them showed that there was a demand for VCM and that the demand was continuing to rise. They agreed to approach Reliant with an offer to renegotiate the current agreement. Suddenly a change perspective in December 1984 made them reconsider the contract with Reliant because it showed a less clear and long term relationship with them. As a result of the
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1. Without planning and determination of one’s initial offer‚ target point‚ and resistance point‚ a negotiator may be at a disadvantage during the negotiation. What evidence of planning was demonstrated by Alisa and Katherine? “Union negotiations are very much like a tug of war between labor and management. One side wants what the other doesn’t have or won’t give” (Patton‚ 2013). The process of planning and having the determination to offer‚ target and resist can put a negotiator at an advantage
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Negotiation (Danielsen‚ Potenza‚ & Onieal‚ 2016). Nurse Practitioner‚ NP have a lot they have to do for their patient population‚ and now a part of their responsibilities is to negotiate their contract renewal. This is new for me I never had to negotiate my RN contract. I worked in nursing home and hospital and that was never a part of my duties. I can see where negotiating a professional contract can be challenging for the novice NP (Danielsen‚ Potenza‚ & Onieal‚ 2016). On the other hand‚ negotiation
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: Issue 1. Whether Nur Aini consent to an agreement caused by undue influence? Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are
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PLANNING (Negotiation Strategy statement) Negotiation: ABC Vs Local 190 Role: Member of Management Team ISSUE SUBISSUE POINTS (distributing 100 points across allissues) YOUR INTEREST OTHERS’ INTEREST Worker autonomy and target production levels 1.Below avg production level 2.Easy daily production target 3.Loose management control 4.Production target of new facility cannot be fixed in advance 26 1. Increase plant utilization. 2. Increase sales and productivity 3. Keep employees
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INFRASTRUCTURE CONCESSION CONTRACTS: AN INTRODUCTION #2/July 08 What is infrastructure concession contract? What are the advantages and disadvantages of concession contracts? This paper addresses these two questions. Also‚ it outlines the basics of infrastructure concession contracts. I. Introduction Ownership of public assets is a sensitive issue for all governments. However‚ budgetary shortfalls as well as the repeated failure of governments all over the world to maintain these assets have
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