DISCHARGE Written by Mardi Szantyr Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. by performance 2. by agreement 3. by frustration 4. by breach Each one of these methods of discharge will be considered. Discharge by performance The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for minor
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Constructive Dividends In Ltr. Rul 20028806‚ the shareholders of a corporation owned‚ managed‚ and operated country club were given discounts for the use of the club’s facilities. The club was located in a community where both non shareholders and shareholders resided. Shareholders received discounts on membership dues as well as other incentives inside the club. Taxpayer requested a letter ruling on whether or not the discounts received constitute as constructive dividends received. The IRS indeed
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(6)Discharge by Agreement or Consent The contract rests on the agreement of the parties. The parties may get discharged from the obligations of performance of contract by agreement or mutual consent. By Agreement or Consent • By novation • By “accord and satisfaction” • By remission and waiver The discharge by consent may be express or implied. Discharge by consent:- (a)Novation: When a new contract is substituted for an existing one‚ either between the same parties or between the one of
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DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract
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2013 Constructive Discrimination In The promise of American Life‚ Herbert Croly introduces the concept of constructive discrimination arguing that a problem with American democracy is that a popular majority decides both law and way of life for everyone including an unpopular minority. He believes that a democracy can only work if all beliefs and values are represented during the governing process. The argument is that his belief is not apparent in the United States. Constructive discrimination
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Constructive controversy is a process through which two individuals or groups of individuals seek to reach an agreement when their ideas‚ opinions and information are incompatible to those of the other (Johnson‚ Johnson and Tjosvold‚ 2006). The process is based on a strong cooperative goal and involves “deliberate discourse [of the advantages and disadvantages of proposed actions] aimed at synthesizing novel solutions” (Johnson‚ Johnson and Tjosvold‚ 2006‚ p.71). Participants cope constructively
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DISCHARGE SUMMARY Patient Name: Benjamin Engelhart Patient ID: 112592 DOB: 10/5/---- Age: 46 Sex: M Date of Admission: 11/14/ Date of Discharge: 11/17/ Admitting Physician: Bernard Kester‚ MD Discharge Diagnosis: acute superative appendicitis perforated Surgical Procedures: Laparoscopic appendectomy with placement of RLQ drain on 14 November. Complications: none. DIAGNOSTIC LAB/IMAGING: Lab results at time of admission showed a WBC count of 13. CT scan done in the ED revealed
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CONSTRUCTIVE CRITICISM (Part II & Part III is graded with each answer worth 7.15 point each) PART 1: To get you started in the right frame of mind‚ you need to complete a simple exercise that helps you learn how to word criticism differently. Choose something you dislike (broccoli‚ homework‚ cleaning‚ washing dishes‚ etc.) Then list all of the characteristics you dislike about this thing. Then change your comments to constructive criticism. Example: DON’T LIKE: Broccoli CHARACTERISTICS YOU DISLIKE:
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expresses her views on having adversarial dialogue between two sides has weakened communication in our society. Although‚ we live in a society where we are free to express our conflicts openly‚ Tannen argues that as a society we should seek to find “constructive” ways of settling disputes and differences. In setting out to find truths‚ Tannen states that we “assume that every issue has two sides” and by having this assumption we begin to “doubt the existence” of any facts. With diminishing face to face
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DISCHARGE SUMMARY Patient Name: Adela Torres Patient ID: 132463 DOB: Age: 57 Sex: Female Date of Admission: 6/22/---- Date of Discharge: 6/25/---- Admitting Physician: Liam Medina‚ MD Consultations: Sachi Kto‚ MD‚ Dermatology Procedures Performed: Intravenis Hydration Complications: None Discharge Diagnosis: 1. Methotrexate related dermatitis. 2. Rheumatoid arthritis class 3 stage 4 3. Osteoporosis
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