Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls Continue Reading...
Unlike Baxendale, there were no special circumstances outside of the normal business considerations that would have required specific communication to the contractor as to the nature of potential losses to Jose arising from a completion delay. Ordin Continue Reading...
Business Law: Arbitration Agreements Arbitration in business law is a method used for mediating contradictions between the parties to an agreement. Arbitration agreements make the requirement that the arbitrators, or those who are over the arbitrati Continue Reading...
Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, s Continue Reading...
Business Law The Differences between Civil Law and Criminal Law: To a layman who is not familiar with the various concepts of Law, criminal Law may be more familiar because of intense interest in criminal cases that are tried in courts of law and t Continue Reading...
Business Law The author of this report has been asked to answer regarding several different legal and/or ethic cases or questions. Those cases/situations are Wrench LLC vs. Taco Bell, California & Hawaiian Sugar Company vs. Sun Ship Inc., the ge Continue Reading...
Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a comm Continue Reading...
In the case of Hodge v. Garrett 101 Idaho 397, 614.2d 420 (1980), the buyer wished to purchase land located next to the sellers' drive-in movie theater. One seller signed the contract. The testimony was conflicting as to whether the buyer was told Continue Reading...
A company cannot refuse to hire someone with sickle cell anemia (a disease that primarily affects persons of African ancestry), because the person might require costly health insurance, for so long as the person was strong enough to perform the job, Continue Reading...
Business Law Utility Patents and Employee Contracts Since the before the beginning of the industrial revolution, the United States Patent and Trademark Office has been recording and protecting the ideas and gadgets of inventors. But, what exactly i Continue Reading...
It in this manner, therefore, that mediation is preferable. 2.3 ROLE of MEDIATOR in the INDUSTRY Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from inter Continue Reading...
Part IV of the TPA specifically makes illegal practices which restrict competition or free trade. Furthermore, the Act authorizes private actions to be brought to enforce this provision. Lana believes that Phoebe's practices amount to an unfair rest Continue Reading...
The responsibility for adequate medical direction under the Ohio Revised Code and the Toledo Municipal Code was given to the Director of Health as long as they were a licensed physician, licensed dentist or licensed veterinarian, otherwise it would Continue Reading...
Superior Court In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and thei Continue Reading...
Moreover, it is highly unlikely that such a clause would apply in the case of a tort dispute, because the likely plaintiffs in a tort lawsuit would be people who were injured by a misuse of the Technology, rather than any party involved in the contr Continue Reading...
Contract Law For most of us living in Western societies contracts pervade most of our waking hours, yet how often do we really think about the countless transactions that we engage in every day? Buying a cappuccino at the corner Starbucks, streaming Continue Reading...
Antitrust Regulations and Business Law Antitrust regulations regulate economic activity in a way that encourages competition and discourages collusion between competitors. This collusion could be the result of horizontal mergers, price fixing, or ev Continue Reading...
Business Law Case: Nestle USA vs. Doe IChild slavery has been under serious debate for the past few centuries as it has been claimed as unethical and illegal by various countries of the world. However, modern slavery persists, and the advancement in Continue Reading...
Realistic, Hypothetical legal scenarios (Business Law for Accountants The foundations of Corporate Governance demand that organizational practice follow the legal requirements. In current times, news reviews of industry wrong doings have forged unce Continue Reading...
Law of Contract Contract law As to concerned definition of law there are many definition among various schools of thought of law such that no particular definition is acceptable to them as universal definition of law, but nevertheless there is a co Continue Reading...
However, it must be noted that the doctrine of consideration has changed and therefore seems to have fixed many of its most impractical elements, or at least that is what has been argued. One example of a change is the fact that in regards to consid Continue Reading...
Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1) Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in compa Continue Reading...
Contract law lies at the center of our legal system and serves as the basis of our whole society. Our society relies on free exchange in the marketplace at every stage. Contract law is what makes this probable. Exchanges in the marketplace always rel Continue Reading...
All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter refe Continue Reading...
Law and Ethics in the Business Environment RIGHT FROM WRONG Business Ethics and the Law Business law fixes the minimum standards of behavior for businesses (Bramble, 2013). Enforcing these laws generally consists of fines involved in the exercise Continue Reading...
Tennessee Scrap Recyclers Association v. Bredesen, the court affirmed the law in question and upheld the state's ability to set the terms under which it would allow transactions regarding scrap metal to take place. The court noted that the problem t Continue Reading...
Business income refers to any income usually realized for the execution or transaction of business activity. This indicates that business income is the aspect of earned income from the perspective of business transaction or activity. In order for the Continue Reading...
The government official has a legal as well as an ethical responsibility to put the interests of the public first, as a public servant. To fail to do so will result in greater cost to the taxpayer, and perhaps even an inferior product. This type of Continue Reading...
contract formalizes the agreement between two parties regarding buying a certain item, entering into a certain service, or accepting a certain condition. Contracts cover a huge span of agreements including the sale of goods or real property, the ter Continue Reading...
Contract Elements of a Contract The Contract: Overview Fabulous Hotel has engaged my services as an employee (my position being that if head chef) under an employment contract that spans two years. Two years down the line, another hotel could be Continue Reading...
contract is a legally enforceable promise that allows commerce to flow smoothly throughout society. Without contracts, businesses and consumers would be embroiled in constant disputes with potential for fraud and frequent misunderstandings but the f Continue Reading...
Promissory estoppel is a term in the common law doctrine that is used by courts to implement promises made and consequently relied upon. This law doctrine is usually used when there is no formal contract though the involved parties have acted as if t Continue Reading...
Breach of Contract and Failure of Consideration: Black is only obligated to pay the original $150,000 for the equipment. As a fundamental principle, courts do not interfere with the terms or obligations of contracts merely because one of the parti Continue Reading...
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some Continue Reading...
Regulation of Banks Banks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in Continue Reading...
Contracts, Contract Law, And Society Contract Law Contracts are legally-binding agreements between two or more self-regulating parties for the purpose of furthering their commercial goals (Eisenberg, 1994). The elements of contracts, together with Continue Reading...
Contract Analysis Analyzing a Construction Contract The contract chosen for analysis in this study is a construction contract. This contract would be used for example in the construction of an office building. The parties involved in this contract Continue Reading...
Contract law exists to ensure that agreements between two or more parties are honored by every party. In this regard, contract law is based on the principle that agreements between two parties are legally enforceable since every part needs to honor h Continue Reading...
Contract Clauses I have been asked to tell a story about an instance in which I was treated unfairly in the workplace. The details that will be provided and/or questions answered will include what happened with the instance in question, what type of Continue Reading...
