contractual employee is a person who signed a contract before starting to work. Charlene Fisher has a very strong argument that she is a contractual employee. A contract is defined as “an agreement, upon sufficient consideration, to do or not to do so particular thing” (Willis 185). A contract consists of five components. There has to be 1) an agreement 2) consideration 3) legal capacity to contract 4) lawful subject matter and 5) genuine consent to the contract. In this scenario, after Charlene…
court is likely to find the contract between Petrograd and Coleman analogous to a sale of services, and therefore appropriate to be governed under Section 8106 of the Delaware commercial code. Though breach of promise actions under this rule are traditionally barred after three years, Petrograd’s situation likely qualifies for the discovery rule tolling exception due to the fact the injury was inherently unknowable. Alternatively, even if a court were to find the contract sufficient as a sale of…
estate sector, contracts with customers entails various services. Under the new standard, entities in this sector will need to determine whether these services should be treated as a separate contract. The identification of performance obligations can be complex as well for the real estate sector. Below is an example about the identification of performance obligations (EY, 2015, p.12). Example 1-2/Illustration 1-6 Identifying performance obligations in a property management contract Operator R…
3 Section 1- Fixed Term Contract 4 Section 2 – Employee V Contractor 9 Section 3-National Minimum Wage Act 2000 11 Section 4- Health and Safety 12 Reference 16 Introduction Employment…
In the past, Boeing’s business plan primarily focused on government contracts, but now their current focus is on selling passenger planes to airlines. In the beginning Boeing focused receiving government contracts. One example is when, “The enterprise [Boeing] built ‘flying boats’ for the Navy during World War 1 and in the 1920s and ‘30s it successfully sold its trainers, pursuit planes, observation craft, torpedo planes, and patrol bombers to the U.S. military” (Weiss and Amir). The company…
Business Law and Ethics Project After reviewing your proposal for the new app, BackOffice, I’d like to make you aware of a few items prior to you launching the new app. When launching any new product or service, it’s critical you and your company are aware of the legalities, regulations, and any additional items that can be detrimental both financially and legally to your company if you don’t abide by them. To begin, it’s crucial you’re aware of your constitutional rights and guarantees as…
significantly redefine employment relationships and have an impact on individuals’ psychological contracts.” (Anjali Chaudhry, 2011). Therefore, these external factors have a significant impact on reshaping the employment relationships as well as the psychological contracts between employees and employers. Without globalization and increased competition, when most people entered the labour force, their psychological contracts with the organizations are rather relational. They are looking for…
Cost reimbursement is another alternative contract in which the contractor is reimbursed for the actual cost and fixed costs which incurred for the work .Cost-reimbursable contracts might be used for the projects in which the general scope and nature of the work are defined, but there is uncertainty in quantities or execution. This type of contract is risky for client because under cost-reimbursable contracts, all uncertainties in the scope of project are incurred by the client and the final…
Lucy v. Zehmer: The court focused on the contract being written in Zhemer’s handwriting and the both of them signed it. Even though Zehmer told Lucy the next day that it was the liquor talking and that he didn’t want to sell the farm, the court believed that Lucy was serious about purchasing the farm because he believed the contract was legit. By believing in the contract, the next day he focused on getting the money. The night they met at the restaurant, Zehmer had told Lucy that he…
11. On May I, Peters, a concert producer, executed two contracts. The first contract was with Selena, a world-renowned singer, which provided that Selena was to perform a concert at Thomas's theater in Manhattan on July 4 for a fee of $200.000. The second contract was with Thomas, the owner of a theater in Manhattan, under which Peters rented Thomas's theater in Manhattan for the July 4 concert for a rental fee of $20,000. Peters sold out in advance all of the tickets for the concert and would…