Can you keep a secret? Confidentiality agreements are so much more than a simple promise not to tell. In a mediation, the confidentially clause is what protects the mediator, creates privacy for the mediation, and the provide opportunities for open dialogue in the mediation process. The confidentiality agreement offers protection for the mediator by offering limitations in the event the mediation escalates to court. Meaning, unless certain requirements are met, a mediator cannot be called to…
issues. As seen in the following example, the different rights also play an important role when a company acquires intellectual property from another, especially where there are already license agreements in place. This case revolves around three appeals in a dispute involving a merchandise license agreement. The suit is between Marvel Enterprises, Inc. and World Wrestling Federation Entertainment, Inc. and its wholly-owned subsidiary, WCW, Inc. Marvel also appealed the grant of partial summary…
agree on the terms to be included in a collective agreement? What happens if an employee or trade union feels that the employer is not following the terms of the collective agreement, or if there is a disagreement about the meaning of a part of the collective agreement? Answer3. Collective Bargaining Collective Bargaining is the process in which representatives of two groups i.e., employers and employees meet and attempt to negotiate an agreement which specifies the nature of future relationship…
accordance with the general principles of contract law, a contract is a legally enforceable agreement between two or more people. For a contract to establish, there must be a/an: • Agreement between the parties. - One person (offeror) makes an offer. - The other person (offeree) accepts offer. - Offeree communicates acceptance to the offeror. • Intention of forming legal relations between the parties. - an agreement is not intended to be legally enforceable if formed in a domestic or…
Jackson argued that since the arbitration clause was unreasonable, the court should decide on its validity. QUESTIONS PRESENTED Under the Federal Arbitration Act, is a district court able to rule whether or not an arbitration agreement is conscionable when the agreement explicitly states that determining enforceability is the duty of the arbitrator? BRIEF ANSWER No. The U.S. Supreme Court ruled that under the Federal Arbitration Act it…
1.1 Clearly explain what requirements must be in place for a Contract to exist between two parties: A contract is a legally binding agreement offering rights and imposing obligations of specific terms between two or more persons (or entities) in which there is a set of promises in re-turn for a benefit (a consideration). The legal bind is only applicable upon the party or ‘privy’ who enter the contract. For a contract to exist between two parties there must be evidence of the following…
I BOB AND CARL A Issue Does agreement exist at time letter is posted and if it does can the acceptance be revoked by a more direct method of communication? B Law & C Application The postal acceptance rule only applies if it is reasonable, authorised or within contemplation of the parties, that the acceptance will be by letter. Acceptance is complete as soon as the letter is posted. It seems reasonable that communication of acceptance in the case of Bob and Carl should be by letter because…
considering “parol evidence to vary the effective date of the [B108 agreement] and to controvert the integration clause.” CHH, for its part, avers that the admission of parol evidence was proper because it was offered to determine whether the contract was effective. We hold that the circuit court did not violate the parole evidence rule because extrinsic evidence was not offered to add or modify any terms to the B108 agreement. Generally, parol or extrinsic evidence is inadmissible to vary…
contracts and pricing agreements. The method is presumed to be fair and reasonable. Pricing agreement is a deal between the companies and the government. The agreement can also be between the companies and other foreign administrators. The pricing agreement can be bilateral that is between VectorCal and The DroneTech Inc., or the agreement can be multilateral. This system of pricing ensures both companies and other firms in the industry will benefit. The pricing agreement method requires both…
conflict in South Sudan on various occasions. He has been using his power of neutrality and diplomacy backed by force to address the two parties. He has called on them to immediately halt all military operations, have a genuine commitment to the peace agreement and in forming the Transitional Government of National Unity (UN News Center, "With South…