Employment contract

Significantly, the doctrine of overreaching provides that if the purchase price for property is paid to two trustees or a trust corporation, then the rights of the purchaser will overreach the interests of the beneficiaries under that trust of land. Importantly, Lord Justice Lewison confirmed in the recent case of Mortgage Express v Lambert that overreaching is applicable to ‘any equitable interest’. Regardless, two conditions must be satisfied before overreaching is effective. Accordingly,…

You asked me to discuss what a party to a contract must do to show he executed an agreement under duress for the purposes of rendering a contract voidable. Part I discusses the elements of duress. Part II discusses why signing a contract under economic duress does not generally render a contract voidable. Part III discusses the elements of undue influence as an alternative to duress. Discussion I. Duress Generally For a party to prove that he signed an agreement under duress, he must satisfy…

Outline the features and purpose of psychological contract “Psychological contract is the foundation of employee – employer relationship.” (Shahnawaz and Goswaki, 2011) Notably Schein (1970; p.12) mentions “The notion of the psychological contract implies that the individual has a variety of expectations of the organisation and that the organisation has a variety of expectations of him. These expectations not only cover how much work is to be performed for how much pay, but also involve the…

Empire Courier Service All employment jobs are based on the agency relationship that exists between the employer and the employee. The agent is authorized to act on the behalf of the principal. The four types of agency relationships are expressed agency, implied authority, agency by estoppel, and agency by ratification (Kubasek, Brown, Herron, Dhooge, & Barkacs, 2016, p. 412). The most common relationship is the expressed agency which is applicable between Dave and Empire Courier Service. Their…

Usually, suppliers cannot end the contract because of the extreme cost, risk and disruption resulting to the buyer. Basicly, suppliers may have the right to terminate the contract only due to the failure of the contracting party to pay the amounts owed to the supplier. When the parties have come to terms about the termination of the agreement the contracting company might want to take services or activities back-sourced, as well as, can enter into contract with another outsourcing…

ELECTION AND ARBITRATION AGREEMENT I, the undersigned employee by signing this Election and Arbitration (hereinafter “Agreement”) agree to participate in the Computer Repair, L.L.C. Employee Injury Benefit Plan (hereinafter the “Plan”) and consent with my employer (hereinafter “the company”) to the following: ENROLLMENT IN THE PLAN: I understand that Computer Repair L.L.C, as solely permitted by Texas Law, does not offer workers’ compensation insurance for its Texas employees, as a…

*The potential impact of the impact bias on negotiation is straightforward. If people overall are expected to have trouble determining what they really want because of a tendency to overestimate how to achieve that item will affect their sense of well-being, the other party are also likely to have trouble identifying what they really want in the negotiation for the same reason. In negotiations, some may think that taking advantage of the other party’s mistakes is to your benefit. However, it is…

The cost-plus contract pays the agreed cost in addition to fees established during the contract cost estimation period. However, the fee is fixed and does not allow for additional negotiations or incentives, which could lead to cost overrun by the contractor. In the case of the fixed-price contract, the contractor (buyer) accepts responsibility for completing the project based on a set dollar amount. Any…

Norms: As stated in module three of the course lecture, “norms are shared expectations and beliefs about ways to behave" (Muskat, Winter 2016). Our group norms were to exercise confidentiality; to follow the order of participation, where the leaders spoke during the task group meetings unless someone else was assigned to do so; and to be respectful of other members in the group by remaining professional throughout the session. In following the order of participation; we had to keep in mind that…

process and relationships. Substance refers to all contractual rights and obligations, which incorporated in the contract. The second part is process and procedures and third part refers to maintain good relationship between the parties. For the prevention of occurring disputes and claims, it is important to consider both the substance and procedure. We may have a balance win-win contract, but the improper procedures cause claims and disputes. For example the other party may claim only due…