Contract management

of termination management that has surfaced from ethical and legal challenges related with the process of terminating the employer-employee relationship (p. 50). Van Bogaert and Gross-Schaefer (2005) go on to explain the alternatives to involuntary termination, the implementations of alternatives strengthen an organization’s ability to avoid, or minimize legal liability (p. 50). But the main points that the authors are trying to observe are the best ways of termination management, and…

nonnegotiable. Some of the reasons why Charter Bank doesn’t have a negotiable contract are because of the initial contract from Holly Hill to Rogers and Blythe was a conditional promise to pay. Upon Rogers and Blythe transferring the rights to Charter Bank promise became unconditional and isn’t negotiable because of the risk with Holly Hill not paying full or at all would fall on Rogers and Blythe who held the contract originally. Another reason is that Charter Bank isn’t the right enforcer…

this business venture was that I would stock his shelves with Muscadine grapes and he would pay for those grapes. He knew there would be a growth in the popularity of the grapes and instead of allowing both of us to gain in the popularity, he made a contract to keep my business from profiting. Orit Gan evaluates the elements needed to employ the doctrine of promissory estoppel. “There has to be a clear, definite, and unambiguous promise… the promisor must have had reason to expect reliance on…

A contract represents “a mutual agreement between two or more parties that something shall be done or forborne by one or both”, signifies “the supply of certain articles” and implies “ the performance of the specified work at a certain price, rate, or commission”(Harder, 2013). Every contract should be legally enforceable, even one not in writing. Although proving the existence of the contract may be harder if it is not in writing, it may still be formed. In case one and two, both of the…

The Franklin Business and Commerce Code §121 allows for an exception to the general rule of non-liability when a “party which acquires a manufacturing business and continues the output of its line previously manufactured or distributed by the entity from which the business was acquired.” If the Folke Corporation meets these two elements, then they can be held liable for Mr. Regan’s injuries. These two elements are: (1) “the virtual destruction of the plaintiff’s remedies against the original…

So the Court laid down a criterion for the determination of “appropriate cases”, ie., the infringement must be patent, incontrovertible, gross and shocks the conscience of the court. It is being attempted here to make a fact analysis of some cases, where compensation was awarded under article 32, to expose and analyze this trend- the trend in choosing “appropriate cases”. As already mentioned, in Rudul Sah case, violation was of right to life and personal liberty and the fact was already stated.…

suitable piece of his land to accommodate S’s major art exhibition for a rental fee. Contractual rights and obligations can either be written, oral or inferred by conduct. Since there was no formal contract drafted between S and E, written or signed by either party, this agreement is, therefore, an oral contract; legitimised by both a handshake and consideration in the form of payment. The first issue for the courts is to determine whether E’s pre-contractual statement, his land is suitable for…

inconsistency. However it does help weaker parties in legal matters where the doctrine of consideration neglects those parties. This will be discussed into further details in the essay. Main Body When there is an exchange of promises between two parties a contract is formed. They can either be a promisor or a promisee, as they both mush either receive a benefit or…

Crosstown charged the utility company for the service it provided using the crane. Therefore, Crosstown enriched in an unjust way from an Allied’s asset, which suggests that a quasi-contract should be imposed by the court. In fact, this case fulfills all the requirements to recover under the theory of the quasi contract. In particular, the fact that the plaintiff was in the business of equipment rental; therefore, this organization expected to be paid whenever its equipment is used by another…

Right to Hot Pursuit: Explanation of the Idea An exception to the exclusive jurisdiction of the flag state over a vessel in the high seas is the right of hot pursuit (Kapoor, 2008: p. 145). The right of hot pursuit of a foreign vessel is a principle designed to ensure that a vessel which has infringed the rules of a coastal state cannot escape punishment by fleeing to the high seas. In reality it means that in certain defined circumstances a coastal state may extend its jurisdiction onto the…