Employment contract

Part A: Rhetorical Situation All books contain an interwoven agreement with four parts of writing. In the Toltec wisdom book The Four Agreements by don Miguel Ruiz, the rhetorical situation presents itself. The book uses the rhetorical situation with context, audience, author, and subject. The first agreement in the rhetorical situation appears with context. Written in 1997, the ancestral nagual (Toltec masters) prophesied the knowledge spreading. It says, “Though it remained veiled in secrecy…

establish it as “legally binding”: the agreement in itself, and consideration [1]. Within the agreement there lies an assortment of provisions that add to the legality of a contract. These include the offer [2], performance [3], terms [4], conditions [5], obligations [6], payment terms [7], liability [8], and default or breach of the contract [9] (Bailey, 2015). The agreement component involves offers, counter-offers, and eventually what Australian agreement law calls the “meeting of the minds.”…

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…

of a contract with San Benito Heating and Sheet Metal for roof repairs to the Community Services Building. (NTE $5,184): E.D. Flores reached out to Steel Solutions for an additional proposal but was not provided a proposal. E.D. Flores requested authorization to issue the contract to San Benito Heating. A motion was made to approve the contract with San Benito Heating. If Royce does respond back to CSDC please let board know. M/ Diaz S/ Wright V/U b. Consider authorization of a contract with…

All of these costs should be considered when planning your budget and you should expect more than what the lenders estimate in order to better budget your money. Remember that it is your responsibility to contact the respected party that is in charge of billing you for their services. Take the initiative to reach out to the party and ask why the cost is so high. Buyers & Dual agents Knowing how to work with an agent is very important when purchasing a home.. Unless family or friends are…

As the paralegal reviewing the case, the elements of a contract must first be reviewed to establish if there is a valid contract between Sam and the chain store. As described in the textbook, “Contracts are a promise or set of promises for the breach of which the law gives a remedy or performance of which the law in some way recognizes a duty” (Kubasek, pg. 305, 2009). Valid contracts exist if four elements including the agreement, consideration, legal object, and contractual capacity are met…

tortious acts are committed within the line and scope of the agent's employment.” Martin v. Goodies Distrib., 695 So. 2d 1175, 1177 (Ala 1997). Vicarious liability has two requirements: 1) whether an agent is an employee or independent contractor, and 2) the scope of the agent’s employment. Id. Because Piper met the independent contractor requirements and even if Piper is considered an employee, Piper acted outside of her scope of employment, a court likely will not find Hitch vicariously…

both the very gradual nature of this particular continuous physical process and the Corps' promises to restore the littoral flow of sand, this taking situation had not stabilized by 1986--six years before the landowners filed suit. The statute of limitations does not bar this action.”2 In other words, because the Corps promised and then delayed their proposed sand transfer plant in 1988, the statute of limitations could not be used to prevent the case, because it is only good for more than six…

Question 1. To begin with, the buffalo creek disaster was out of negligence of the Pittston Company and not an act of God as was claimed by Pittston company. This is because the company was aware that the drainage system of the third dam required proper construction (Cowan 1). Secondly, it is sad to note that the compensation previously offered by Pittston company was meagre compared to the loss undergone by the survivors. Thirdly, Pittston company exhibits unethical conduct when it tries to…

Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…