1. Describe the basic elements of a contract
There are four basic elements to a contract. These include the offer and acceptance of a contract, lawful consideration, competent parties, and lawful purposes. Each of these elements must be present to be considered a contract. First, contracts must be entered into for lawful purposes. That is they may not run afoul of state/federal laws or public policy. For example, a contract for distribution of liquor to minors is not binding as the purpose of the contract is illegal.
Next, for offer and acceptance to be present, there must be a definite clearly stated offer to engage in some type of activity. It indicates a readiness to do something. An offer may be verbal, in writing or implied. Acceptance …show more content…
D. (2012). Legal aspects of health care administration. Sudbury, MA: Jones & Bartlett Learning.
2. Describe and explain two types of business organizations
Note: I wasn’t clear if you were referring to how a business is organized in terms of sole-proprietorship, partnership or corporation. For the purposes of this response, I will look at non-profit vs. for-profit organizations.
Business organizations fall into one of two categories—non-profit or for-profit entities. These organizations typically have different missions, governance structures and profitability benchmarks. Healthcare organizations, however, whether for/non-profit have delivery of patient care as a goal
The mission of the organization drives nonprofits. Their decision making is largely relatable to the reason they exist, whether it be taking care of the ill or the environment. For nonprofits, accomplishing their mission and remaining adaptable enough to respond to societal changes is at the heart of their existence. Nonprofits use both financial and nonfinancial measurements determine their success. They typically manage funds from a variety of sources such as gifts, grants, etc. and employ various skills to manage the resources. Fund accounting is used to manage these financial resources. Nonprofits are generally governed by an unpaid volunteer board of directors who serve on committees to develop the goals and objectives of the …show more content…
What is “Clear and Convincing Evidence” and what case established this standard?
Clear and convincing evidence is a legal standard that says that evidence to be offered must be highly probable to be more true than not true. The standard is a higher burden that a “preponderance of evidence”. Clear and convincing evidence in often used in civil cases. The court must be convinced by presented evidence in support of the plaintiff.
The origin of the clear and convincing evidence standard can be traced back to patent case circa 1980 involving Microsoft and i4i. In that case, Microsoft argued for the court to invalidate a patent issued to i4I, stating that only a preponderance of evidence was necessary. The Supreme Court held that to revoke a patent there needed to be clear and convincing evidence of patent infringement. Microsoft failed to provide that evidence. Consequently. The court did not find such evidence and thus ruled in favor of i4i (Oberman, 2012).
In healthcare settings, clear and convincing evidence comes in to play often with respect to patient decision-making. Advance directives, for example, are one area where clear and convincing evidence of a patient’s wishes to terminate treatment is necessary. Without that, the decision to terminate can be fraught with many issues legal
There are four basic elements to a contract. These include the offer and acceptance of a contract, lawful consideration, competent parties, and lawful purposes. Each of these elements must be present to be considered a contract. First, contracts must be entered into for lawful purposes. That is they may not run afoul of state/federal laws or public policy. For example, a contract for distribution of liquor to minors is not binding as the purpose of the contract is illegal.
Next, for offer and acceptance to be present, there must be a definite clearly stated offer to engage in some type of activity. It indicates a readiness to do something. An offer may be verbal, in writing or implied. Acceptance …show more content…
D. (2012). Legal aspects of health care administration. Sudbury, MA: Jones & Bartlett Learning.
2. Describe and explain two types of business organizations
Note: I wasn’t clear if you were referring to how a business is organized in terms of sole-proprietorship, partnership or corporation. For the purposes of this response, I will look at non-profit vs. for-profit organizations.
Business organizations fall into one of two categories—non-profit or for-profit entities. These organizations typically have different missions, governance structures and profitability benchmarks. Healthcare organizations, however, whether for/non-profit have delivery of patient care as a goal
The mission of the organization drives nonprofits. Their decision making is largely relatable to the reason they exist, whether it be taking care of the ill or the environment. For nonprofits, accomplishing their mission and remaining adaptable enough to respond to societal changes is at the heart of their existence. Nonprofits use both financial and nonfinancial measurements determine their success. They typically manage funds from a variety of sources such as gifts, grants, etc. and employ various skills to manage the resources. Fund accounting is used to manage these financial resources. Nonprofits are generally governed by an unpaid volunteer board of directors who serve on committees to develop the goals and objectives of the …show more content…
What is “Clear and Convincing Evidence” and what case established this standard?
Clear and convincing evidence is a legal standard that says that evidence to be offered must be highly probable to be more true than not true. The standard is a higher burden that a “preponderance of evidence”. Clear and convincing evidence in often used in civil cases. The court must be convinced by presented evidence in support of the plaintiff.
The origin of the clear and convincing evidence standard can be traced back to patent case circa 1980 involving Microsoft and i4i. In that case, Microsoft argued for the court to invalidate a patent issued to i4I, stating that only a preponderance of evidence was necessary. The Supreme Court held that to revoke a patent there needed to be clear and convincing evidence of patent infringement. Microsoft failed to provide that evidence. Consequently. The court did not find such evidence and thus ruled in favor of i4i (Oberman, 2012).
In healthcare settings, clear and convincing evidence comes in to play often with respect to patient decision-making. Advance directives, for example, are one area where clear and convincing evidence of a patient’s wishes to terminate treatment is necessary. Without that, the decision to terminate can be fraught with many issues legal