Contract Dispute
Contract is a mutual agreement between at least two persons or parties, aimed at achieving a certain business goal. A contract can be oral or written, although, over the years, written contract has been preferred due to disputes that may arise in the later period of the contract. Often a lawyer is required during the mutual agreement, to ensure that the contract is legal, and serve as a witness of the agreement between the two. Contractual disputes can be during or even after the business process. This often results due to disagreements between the two parties or even misunderstanding.

Procedures in solving contract dispute

Contract Dispute Act is set by the United State that provides guidelines and procedures required whenever a dispute arises, and such disputes resolutions differ depending on the nature of dispute involved. Dispute resolution process involves filing a contract dispute between the two parties and seeks informal resolution…...

mla

References

Bower, G. a. (1998). Basic Behavioural Science. London: DIANE Publishers.

Publictions, W.B. (2008). Public Expenditure Management and Financial Accountability Review. New York: World Bank Publications.

Stalcup, G. (1999). Judgement Fund. London: DIANE publishers.

Contracts Law: Disney World Jurassic Park Amusement ide
The first question at issue in this study has to do with the termination of an employee for poor sales performance who entered into a non-compete agreement with the company, specifically that of Disney. The employee, Simpson agreed that he would not directly or indirectly compete with Disney as an agent, employer, broker, or contractor for one year from the date of termination. Simpson has argued that he has a wife and three children and that the non-compete agreement should not apply as he has a right to earn a living and this includes anywhere in the United States. Three questions are posed: (1) Is the restriction likely to be found reasonable by a court of law? (2) Does the agreement restrain trade? (3) What change if any would you make to the restrictive wording above for the future?

In answer to this question…...

mla

References

An Introduction To Corporate Regulation and Standardization (2013) Legal Practitioner. Retrieved from: http://legal.practitioner.com/regulation/standards_9_3_1.htm

Corbin, A. (1919) Conditions in the Law of Contract. Yale Law School. 1 Jan 1919. Retrieved from:  http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3855&context=fss_papers 

Entire Agreement (2013) Contract Standards. Retrieved from: http://www.contractstandards.com/contract-structure/general-provisions/entire-agreement

Glazov, J. (2009) Liquidated Damages In Construction Contracts Part 1 -- What Are Liquidated Damages And Why Have Them. Construction Law Today. Retrieved from: http://www.constructionlawtoday.com/2009/04/liquidated-damages-in-construction-contracts-part-1-what-are-liquidated-damages-and-why-have-them/

Contract Proposal
This paragraph serves as the introduction to this contract proposal report. The contract will be written from the government's perspective as far as the fencing project goes and will cover the seven main points asked for in the assignment parameters. In order, those parameters are the purpose of the federal program and the historical context therein. Second, the small business set-aside program (SBSP) will be evaluated based on eligibility to participate and other details. Third, the dollar threshold reserved for business contracts in this scenario will be described. Fourth, an analysis of the contract formats for government contracts will be evaluated to include universal and commercial formats. The format to be used for this situation will be described in this scenario, per the assignment parameters. Fifth, the purpose of source selection will be evaluated for the purposes of this plan. Sixth, the ranking of criteria for the evaluation plan…...

mla

References

DoD. (2013, August 18). United States Department of Defense (defense.gov). United States Department of Defense (defense.gov). Retrieved August 18, 2013, from  http://www.defense.gov/ 

E-Verify. (2013, August 18). USCIS - E-Verify. USCIS Home Page. Retrieved August

18, 2013, from  http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b 

9 ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110Vgn VCM100000

Contracts and Fraud
Contracts are one of the cornerstones of our modern legal system. They are necessary to conduct reliable economic transactions between individuals. When people make a formal agreement such as buying a car they must be assured that the requirements of both parties will be fulfilled: the seller will receive his or her money and the buyer will receive a vehicle. A critical component of contract law is the need for a contract that is not fraudulent in nature, since contracts depend upon a system of trust between both parties. "If fraud or misrepresentation occurred during the negotiation process, any resulting contract will probably be held unenforceable. The idea here is to encourage honest, good faith bargaining and transactions. Misrepresentations commonly occur when a party says something false (telling a potential buyer that a house is termite-free when it is not) or, in some other way, conceals or misrepresents…...

mla

References

Election of remedy. (2013). U.S. Legal. Retrieved:

 http://definitions.uslegal.com/e/election-of-remedy/ 

Fitzpatrick, D. (2013). Unenforceable contracts: What to watch out for. Nolo. Retrieved:

 http://www.nolo.com/legal-encyclopedia/unenforceable-contracts-tips-33079.html

Contract Offer
COMING TO A HEAD

Legal and Ethical Issues in usiness

Ethics in usiness

Three normative ethical theories were developed in Western capitalist societies in guiding the ethical conduct of business (Fort, 2014). The stockholder theory considers the maximizing of profits as the sole objective of business and above all considerations. It does not recognize social responsibility. It is completely utilitarian and one-sided. The stakeholder theory considers the welfare and needs of customers, suppliers, owners and employees along with maximizing profit. When called for, it believes that the interests of stockholders should be sacrificed in order to insure its survival. It developed from Immanuel Kant's philosophy, which respects the dignity and participation of all people. And the social contract theory is the most widely used business theory. It draws from the 18th-century philosophies of Thomas Hobbes and John Locke. Their philosophies argued that business should be dedicated and committed to the interests of…...

mla

BIBLIOGRAPHY

Dobson, J. (1994). Virtue ethics as a foundation for business ethics: a "MacIntyre-Based

Critique. Center for Catholic Studies: University of St. Thomas. Retrieved on January

25, 2014 from https://www.stthomas.edu/cathstudies/cst/conferences/antwerp/papers/dobson.pdf

Fort, T. (2014). Ethical theories in business. eHow: Demand Media, Inc. Retrieved

Contracts involve risks. How could these risks be mitigated? Be sure to explain which role (or roles) on the project team within the performing organisation are responsible for identifying and remedying the results when said risks materialise.
A number of inherent risks are woven into certain projects: for example, if the project manager is not sufficiently on task and driven to ensure compliance or underestimates the needs of the project, the project may go over-budget and over time. Due to changes in the organization's leadership "priorities could change in the middle of the project, rendering some objectives moot and elevating previously discarded concerns" (Melbye 2013: 9). Failure of third parties and contractors may result in delays or impingements of quality. The IT department may not adequately support project needs with appropriate computer software, causing delays.

A contract can mitigate risk by a "narrative description of the deliverable and a sample format;" specifying…...

mla

References

Melbye, D. 2013. Mitigating risks in IT contracts. Available:

 http://www.gfoa.org/downloads/GFOAGFRdec12MitigatingRiskinITContracts.pdf 

[5 Dec 2013]

Contract learning is a form of learning (and teaching) that involves the student or mentee far more than usual in the formulation of assignments and curriculum. The teacher and student work together to come up with a series of assignments that the student agrees to complete, thus tailoring the course to their specific needs while giving them more motivation to complete the assigned tasks. Like any (relatively) recent development in education, contract learning has its supporters and detractors, and is likely not useful in every situation. However, contract learning has been successfully deployed in the nursing field, because it allows nurses and nurses-in-training to organize their own learning regimens and tailor their experience to their own learning needs. By examining critical literature regarding the function and success of contract learning, especially as it relates to nursing, it will become clear that contract learning is a highly effective form of learning…...

mla

References

Hiller, T.B. & Hietapelto, A.B. (2001), "Contract grading: Encouraging commitment to the learning process through voice in the evaluation process," Journal of Management

Education, vol. 25, no. 6, pp. 660.

Kafel, K.W. (2007), "A Nuts-and-Bolts Approach to Teaching Nursing," The Journal of Continuing Education in Nursing, vol. 38, no. 4, pp. 191.

Schrader, V. & Davis, S. (2008), "Opinions of Adult Learners About Negotiating Syllabi Rules

Contract is a legal document where two or more parties jointly agree that there will be a trade of goods and/or services through a unilateral or a bilateral exchange. An effective contract will be made up of six major elements that specify how goods and/or services will be exchanged, how the exchange will be compensated, and establish a timeframe for the exchange. It is suggested that a contract include details as to how any breach will be dealt with and include a clause that will detail how the contract can be terminated. An enforceable contract is made up of six elements and will also detail how and when a contract will be fulfilled or voided.
A contract is made up of six essential elements that include offer, acceptance, objection, mutuality of obligation, consideration, and competency. The first thing that must be accomplished in creating a contract is to define the offer;…...

mla

References:

Breach of Contract: Defenses. (2010). Retrieved 8 February 2012, from  http://contracts.uslegal.com/breach-of-contract-defenses/ 

Legal Elements of a Contract. (n.d.). Retrieved 8 February 2012, from

Treitel, G.H. (2007). The Law of Contract. Sweet and Maxwell: United Kingdom.

Contracts Law
Case Study- Contracts Law

There were two offers. There is an offer is a meeting of the minds can be reached by the recipient of the offer accepting the terms of the offer. The first offer was by Galaxy Computer store and consisted of Galaxy placing an ad in the paper for Pentium 4 computers for $3,000. The second offer was by Gabrielle and consisted of her offering a her old computer as a trade-in, $1,000 down, and monthly payments in lieu of $3,000 in exchange for the computer. Because Gabrielle made a counter-offer to Galaxy's offer, there were two offers.

There was acceptance of the contract. Acceptance means that the party to whom the offer was directed consents to its terms and agrees to the formation of the contract. There was no acceptance by Gabrielle of Galaxy's offer of a computer in exchange for $3,000. Instead, Gabrielle made a counter-offer…...

Kidnapping, extortion and detention are real dangers for businesses that operate both overseas and in domestic markets. Top management of these firms often overlooks these things by saying that it will never happen to us. They seem to not understand how much damage it can do to a business. "With more than 1,000 annual kidnappings of business professionals and executives all around the world and number of terrorist's attacks, such policies is an absolute necessity in the eye of life and health insurance professionals who travels internationally" (Gordon, 2009). Kidnap and ansom insurance policies give a cushion to a business with regard to independent investigations, collaborations, arrangement and delivery of funds, and number of other services pivotal to a safe, speedy and satisfactory resolution. Any business of any size can be a target for extortion threats against them or their employees. People are inclined to think business extortion and kidnapping…...

mla

References

Eisenberg, Melvin a. (2002). Contracts. Chicago: Thompson.

Gilbert's Law Dictionary. (1997). Chicago: Harcourt Brace.

Gilroy, Tony and Hackford, Taylor. (2000). Proof of Life. United States: Castle Rock

Entertainment.

No, the parents should not have moved forward with the contract. Here, it appears that a litany of different variables where at play that ultimately resulting in the father making an ill-informed decision. First, it appears that the couple did not hold steady to their research related to the vehicle. Here, both the mother and the father conducted extensive research into the automobile market. As such, they were well informed as to the overall direction of the market, the going rate of available autos, and any applicable fees associated with the eventual sale. This research should along with the applicable backup and proof should have formed the basis of the negotiation. Instead, the couple did not bring the applicable reference material to the negotiation. Furthermore, when asked on the sources of the research from the car salesman, they refused to answer the question, thus invalidating their own credibility in the…...

mla

References

1. Baily, D. A. (2017). Settlement Negotiations: Balanced Beats Brazen. Litigation, 43(4), 33–35. https://www.jstor.org/stable/26402080

Thus, "Preserving the relationship with a business partner may be worth far more in the long run that the potential cost of trying to prove that your position on a contract clause is legally sustainable today," (University of Phoenix). This strategy can then be implemented in order to keep Scan and Citizen Schwartz both out of costly financial legal obligations.
Thus, a manager could attempt to work within the limitations of the contract to avoid even having to go to litigation within the constraints of contract disputes. With negotiation, rather than litigation, the manager can potentially succeed in minimizing liabilities and therefore financially benefit from the maintaining of the contract itself. The manager can then "Maintain the contract in being and accept its validity, but object to and seek to negotiate further within the contractual framework, the actions, proposals, or interpretations of the other," (Marsh 98). Now, this is not…...

mla

References

University of Phoenix. "Legal Environment of Business." Simulation.

Jennings, Marianne Moody. (2006). Business: Its Legal, Ethical, and Global Environment. Thompson Learning Co.

Marsh, P.D.V. (2001). Contract Negotiation Handbook. 3rd ed. Gower Publishing Company.

Typically, a contract will be the written version of the agreement. An agreement without a contract is often not enforceable by law. The intent to create legal relations in this instance is clear on the part of EndZone, as per their email, but is not clear on the part of Maverick. The email iterates the consideration, timing and price contained within the agreement. However, EndZone would need to prove that Maverick has agreed to these terms. Maverick did not respond to the email, and only purchased $1,000 worth of goods over that time period. EndZone must provide a preponderance of evidence and it is unlikely that a sent email, unresponded to, and allegation of an oral agreement are unlikely to constitute that preponderance. Given that EndZone will be unable to demonstrate clear consideration in the form specific products and specific prices for those products, they will be unable to…...

mla

Works Cited:

Uniform Commercial Code. Retrieved July 4, 2009 from  http://www.law.cornell.edu/ucc/1/article1.htm

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 waste takes money away from other, more worthy public projects as well, including aid to the poor.
Government contracting officers have unique responsibilities and special, additional privileges as a result of their duties: "Of all government personnel, only a Contracting Officer has the authority to enter the government into a binding contract. He or she will be the one to sign the final contract agreement, and only a Contracting Officer has the power to change the terms of the contract" (Government contracting personnel: Understanding roles played, 2011, ONVIA). The contracting officer is thus acting on behalf of the entire government, and has unique powers…...

mla

References

Business ethics in government contracts. (2011). ONVIA. Retrieved

February 17, 2011 at  http://www.onvia.com/b2g-resources/article/business-ethics-in-government-contracts 

Government contracting personnel: Understanding roles played. (2011). ONVIA. Retrieved

February 17, 2011 at  http://www.onvia.com/b2g-resources/article/government-contracting-personnel

Additionally, no terms of the contract can be changed, including in terms of new clauses being added.
3. A bilateral contract involves two parties that exchange a set of promises that determine the rights and obligations of each of the parties. As such, each of the parties will have a set of promises that they oblige to undertake if the contract is enforced. There are also returns for each of the parties in this type of contract.

A unilateral contract is the type of agreement where only one of the parties of the contract promises to fulfill a set of obligations to the other party. Beyond this, one of the main differences to a bilateral contract is that the acceptance does not need to necessarily be communicated to the offeror, but can rather be implied through the party completing the promise made in the agreement.

4. There are several rules that can…...

Due diligence refers to the process of doing a proper investigation into something before taking an action.  Due diligence can have applications in a number of different contexts, but is most often discussed in the context of some type of business deal, when a person or organization has to make a decision about whether or not to enter into some type of business relationship (usually an investment relationship) with another type of person or organization.  Due diligence can be as simple as studying publicly available information to determine whether or not to purchase a stock....

Counseling people who have AIDS or are at high risk for acquiring HIV can present several ethical issues for healthcare providers.  While client care must remain the priority in any counseling relationship, it is important to acknowledge that a client who has AIDS, is HIV+, or is at high risk of acquiring HIV may present a health risk to their current or future sexual partners.  In addition, other high-risk behaviors, such as needle-sharing, present a community risk. 

The first step in writing an essay on this topic is recognizing the various ethical issues....

Third party payment, such as health insurance companies or government programs, can distort the healthcare market in several ways:

1. Increased demand: When individuals are not directly paying for their healthcare services, they are more likely to utilize medical services without considering the cost. This leads to increased demand for healthcare services, which can drive up prices and strain the resources of healthcare providers.

2. Lack of price transparency: Third party payment often creates a lack of price transparency in the healthcare market. Since patients are not directly paying for their services, they may not be aware of....

Title: Navigating the Crossroads of Authority: Exploring the Legitimacy and Limits of Power in Political Theory

Introduction:
At the crux of political theory lies the intricate interplay between authority and power, a dynamic relationship that has sparked debates and shaped paradigms for centuries. This essay delves into the multifaceted concept of legitimacy, interrogating the foundations of authority and the boundaries of power. Through a comprehensive analysis of historical and contemporary perspectives, we will explore the challenges and complexities of legitimizing power, the tensions between various sources of authority, and the implications for political practice and social justice.

1. The Sources and Foundations of....