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 comparison to other disciplines such as mathematics and linguistics (Mather, 1999). When it comes to the promises contained in contracts of any type, there are some general guidelines but these do not embrace all of the issues involved by any means. For example, "We have our basic rule, 'Keep your promises!,'" Mather advises, "But the practice of promising does not determine, in any precise way, what counts as a promise. It is generally agreed that one need not say "I promise" in order to make a promise, but we have no agreed-upon test specifying which kinds of words or actions constitute a promise and which do not. Nor does our promising…...
mlaReferences
Adams, J., & Brownsword, R. (1995). Key issues in contract. In D. Johnston & R. Zimmerman (Eds). Unjustified enrichment: Key issues in comparative perspective. Cambridge, UK: Cambridge University Press.
Beatson, J.E., & Friedmann, D.E. (eds.). 1997. Good faith and fault in contract law. Oxford: Clarendon Press.
Black's law dictionary. 1990. St. Paul, MN: West Publishing Co.
Buckley, F.H. (ed.). (1999). The fall and rise of freedom of contract. Durham, NC: Duke University Press.
Introduction
Several theorists have used social contract theory to understand the government’s role in taking care of the public and addressing the public’s needs. Current political issues offer further examination of social contract theory and how it may help with understanding government obligation and public participation. Rousseau's social contract theory is best and most relevant for understanding and offering solutions to contemporary political issues like mandatory vaccination, taxation, and universal healthcare because it offers a foundation from which to explain the perceived obligations of both the government and the public. Rousseau’s version of social contract theory contrasted against other theorists like Hobbes's and Locke's social contact theories demonstrates how one interpretation of a theory may be better suited for modern political issues over others.
According to social contract theory via Locke’s interpretation, when the government remains unsuccessful in securing natural rights or fulfilling society’s best interest often recognized as the "general will"…...
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 a video on Netflix, or coming home to a mortgaged house can involve countless contracts, both unstated and written. In fact, our ability to stream videos over the internet in our own home probably involves layers upon layers of contracts. Given the importance of contracts in our everyday lives, it should come as no surprise that volumes of statutes have been crafted at both the state and federal levels which attempt to define the legal parameters of exchange relationships. Contrary to expectations, however, some controversy remains due to opaque or contradictory judicial rulings (Chirelstein, 2010, p. 1). This report will examine the basic elements of contracts, the laws governing…...
mlaReferences
Arkansas Department of Health & Human Services v. Alhborn, 547 U.S. ____ (2006).
AT&T Mobility v. Concepcion, 563 U.S. ____ (2011).
Chirelstein, M.A. (2010). Concepts and Case Analysis in the Law of Contracts (5th ed.). New York, NY: Foundation Press.
Epstein, D.G., Markell, B.A., & Ponoroff, L. (2012). A Short & Happy Guide to Contracts. St. Paul, MN: Thomson Reuters.
(University of Oslo Law School, 2005) Characteristic for the Norwegian legal tradition in the 20th century, as for the rest of Scandinavia, is the so-called "legal realism," which has emphasized considerations of justice in legal reasoning. Conceptualism and integrated theoretical systems have never been followed in Scandinavia, in other words, there is no attempt to create a unified theory of contract law, rather disputes are handled by a case by case basis, with more faith in the practices of the judges to administer and dispense justice. (Lillebakken, 1997)
orks Cited
Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm
University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project. http://www.jus.uio.no/ifp/anglo_project/essays.html...
mlaWorks Cited
Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm
University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project. http://www.jus.uio.no/ifp/anglo_project/essays.html
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…...
mlaWorks Cited:
Uniform Commercial Code. Retrieved July 4, 2009 from http://www.law.cornell.edu/ucc/1/article1.htm
Namely, the institutions of
slavery and Jim Crow that were used to constrain the growth and advancement
of African Americans are today disregarded as being directly relevant to
the fortunes and opportunities of blacks in America. This is both
unrealistic and unethical, with the denial of its lasting impact casting
American racism in an historical light rather than one which is still
present and problematic. It is thus that the social contract today serves
the interests of dominance even as it feigns to have disavowed these
aspects of itself.
A true resolution to the failures of the social contract may only
really occur when the discourse on America's racialist past and the lasting
effects of this on the current fortunes of African Americans is resolved.
In that regard, Mills regards it as largely a fiction that racial
discrimination ended in any meaningful way after the Emancipation
Proclamation; rather, racial prejudice and systematic subjugation continued
overtly well into the 20th century, continuing still today albeit…...
mlaWorks Cited:
Mills, C.W. (2000). Race and the Social Contract Tradition. SocialIdentities, 6(4).
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 the laws that provide protections for the parties involved, are theoretically straightforward and appeal to common sense principles, but in practice the forging of contracts and their enforcement can at times be complex. The theories and principles that underlie contract law also remain somewhat controversial and refractory to unequivocal definitions (Schwartz & Scott, 2003). To gain a better understanding of why contracts are so important to society this essay will review the essential element of contracts and the theories supporting their use, from a social, economic, and legal perspective.
Elements of a Contract
The four basic elements of a contract are: (1) mutual assent, (2) consideration, (3) capacity, and (4) legality (Legal Information Institute, 2010). Mutual assent implies that both parties…...
mlaReferences
Contractors State License Board. (2012). What should I look for in a contract and binding agreements? California Department of Consumer Affairs. Retrieved from: http://www.cslb.ca.gov/consumers/hireacontractor/contractsandbindingagreements.asp .
Eisenberg, M.A. (1994). Expression rules in contract law and problems of offer and acceptance. California Law Review, 82(5), 1127-1180.
"Legal Elements of a Contract." (n.d.). Kansas State University. Retrieved from http://www.hfrr.k-state.edu/doc3109.ashx .
Legal Information Institute. (2002). U.C.C. -- Article 2 -- Sales (2002). Retrieved from: http://www.law.cornell.edu/ucc/2 .
An objective glance at history tells us that the social contract was a real and actual covenant. The first people who banded into communities formed some overt and covert covenant with their neighbors, replete with trappings, that later became known as 'legal', in order to ensure their survival within this band of fellow strangers. The racial contract, though real, did not displace the social contract. Although the social contract, as per the French revolutionists terms of liberty, equality and fraternity never existed - even amongst Whites, it was always a myth and more symptomatic of Utopia - practical forms of the social contract, albeit with variations amongst gender and race, persisted. Integrated with the social contract, however, was a racial form of contract where male supremacism characterized by Christians of the white race gained sufficient power to dominate others who did not belong to their gender or race. acial category,…...
mlaReference
Mills, C. (1997). The Racial Contract, Cornell University Press, Ithaca & London
Liberal equality is another principle that was propagated by awls and focuses on the removal of artificial obstacles or man made obstacles as opposed to the natural liberty principles. awls here argues for the removal of inequalities which act as disadvantages to some people and this can be achieved trough giving them a just share of the primary goods the society has to offer. This principle neglects the natural endowments natural disadvantages. Another philosopher, onald Dworkin therefore argues that even if these social primary goods are assembled yet the people with natural disabilities are not given some form of insurance, then they would still be disadvantaged (Matthew Clayton, n.d:8).
The concept of democratic equality deals with liberty and equality. It brings into perspective the basic freedoms and rights like those of speech and assembly among the others. It states that each individual should be accorded these in order to ensure the…...
mlaRobert Cavalier et.al. (2012). John Rawls: A Theory of Justice (1971). Drury College. Retrieved October 10, 2012 from http://caae.phil.cmu.edu/cavalier/Forum/meta/background/Rawls.html
Leif Wenar, (2012). John Rawls. Retrieved October 10, 2012 from http://plato.stanford.edu/entries/rawls/
Matthew Clayton, (n.d). Liberal Equality and Ethics. Retrieved October 10, 2012 from http://www2.warwick.ac.uk/fac/soc/pais/people/clayton/research/liberalequality/liberalequality.pdf
Its business alliances have succeeded because of the past encounter and uncompromising principles of Starbucks. When Starbucks created a licensing contract with Kraft Foods, Inc., it permitted Kraft Foods to begin to make Starbucks' items available in grocery markets, and now because of that attempt their items are available all over Northern U.S. And even the United Kingdom. If Starbucks did not have the primary features of what it is looking for in an alliance, it might not have been as effective in its collaboration with Kraft Foods or any other partner. Starbucks was willing to think about the good and bad in the possible collaboration and choose on whether or not the collaboration would benefit its organization (Davidson & Fielden, 2013). If Kraft Foods, Inc. did not have the same corporate perspective and objectives that Starbucks had, Starbucks would not have engaged in business with them. Starbucks has…...
mlaReferences
Beer, S. (2014). Diagnosing the system for organizations. New York, NY: Wiley.
Harrison, M. (2004). Diagnosing Organizations: Methods, Models, and Processes (Applied Social Research Methods) (3rd ed.). Berlin: Sage Publications.
Davidson, M., & Fielden, S.L. (2013). Individual diversity and psychology in organizations. Hoboken, NJ: John Wiley.
Smith-Acuna, S. (2010). Systems Theory in Action: Applications to Individual, Couple, and Family Therapy. John Wiley & Sons
social contract would observe the law as well as the institution to enforce that law. y the enforcement of that law, those covered could expect justice to be done to them and everybody else. In times of trouble, such as when burglars or other criminals attack, one could call the police for help. Those covered by the contract need neither to fear such unjust attacks nor to take the law into their own hands. The weak need not fear the strong.
The deal for those covered by the social contract is that they join individual forces and resources with others who also want peace and equality, so that their own goods may not be taken from them unjustly, either. And because there are more people who want their goods and other rights protected than those who want a free-for-all all the time, there would be more people who would join…...
mlaBibliography
Locke, John. (2003). Two Treatises of Government. Lonang Library: Lonang Institute. http://www.lonang.com/exlibris/locke
Rawls, John. (1999). A Theory of Justice. Revised. Cambridge: Bellknap Press
Taylor, Bobby. (1987). Rosseau's "Social Contract:" a Critical Response. The Freeman: The Foundation for Economic Education, volume 37, number 1
Wikipedia. (2001). Jean Jacques Rosseau. The Internet Encyclopedia of Philosophy. http://www.utm.edu/rsearch/iep/r/rousseau.htm
egulatory P
OVISIONS (FA) AND CONTACT
PEFOMANCE
EGULATOY POVISIONS (FA) AND CONTACT PEFOMANCE
A contract involves a deal that is signed between two or more parties and which is bound to certain terms and conditions that must be met by the parties involved. W3hen talking of contract performance, one seeks to examine whether in the real sense, the parties which were involved in the contract acted in under the guidance of the contract terms. Has the deal been successfully achieved to give out the required results? This is the core of evaluating contract performance. Its main aim is to identify every party's response to the terms that bound the contract. It involves a bargain before signing of the contract under the discretion of its bound terms, which the parties must read and understand. For the contract to be closed, the parties involved must live fulfill the terms stipulated by the contract. Great attention and…...
mlaReferences
Buckley, F. (A theory of contract). Just Exchange:A theory of contract. London: Routledge.
Fried, C., (1981). Contract as qa Promise. A theory of Contractual obligation, 4-6, 74-85, 103-11.
W.D., S., (1996). Binding Promises: otThe late 20th century Reformation. Princeton: Princeton University Press.
Carter J.W., (1993). Party Autonomy and Statutory Regulation; Sale of Goods. Journal of Contract Law 6, 1993; 93-122
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 commission on their sales.
Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is Edward Shoen, descendent of the original founders of the company. Many members of the Shoen family still control much of the company (Google Finance). Little information is available about the company, aside from their financial statements. Although they have a Board of Directors, the company continues to operate as a family-style operation, with the family members occupying many positions in upper management. The company structure is simple and little is available beyond basic information.
Purchasing Contract Analysis and the UCC
The Uniform…...
mlaWorks Cited
Ceh v. UHaul International, Inc., 11th district court of appeals, No. 04-10031.
A www.ca11.uscourts.gov/opinions/ops/200410671.pdf. Accessed January 22.
Company News; U-Haul's Parent Seeks Bankruptcy Protection." June 21, 2003. New
York Times. Accessed January 23, 2007.http://query.nytimes.com/gst/fullpage.html?res=9800EFDF173BF932A15755C0A9659C8B63 .
patients undergoing mechanical ventilation contract Ventilator Associated Pneumonia (VAP). This acute medical condition always results in increased death rates and associated medical costs among patients. This article reviews several literatures that try to enlighten masses on the diagnosis, medical treatments and VAP prevention methods. In addition, this article outlines recommendations medical practitioners can implement in their daily practices to curb VAP and offers an insight on controversies that usually arise during VAP diagnoses, treatment plans and prevention methodologies. This article defines VAP to be the causative agent of approximately 25 to 54% mortality rates among patients undergoing mechanical ventilation in ICUs. Factors responsible for VAP among patients include patients' population in ICUs, hospital stay durations and antimicrobial treatments. Even though antimicrobial medications are confirmed to reduce VAP casualties, further studies should be undertaken such as the ones outlined in the literatures below to help in early identification and treatment…...
mlaReferences
Arroliga, A.C., Pollard, C.L., Wilde, C.D., Pellizzari, S.J., Chebbo, A., Song, J., et al. (2012).
Reduction in the Incidence of Ventilator Associated Pneumonia: A Multidisciplinary
Approach. Respiratory Care, 688-696.
Camargo, L.F., De Marco, F.V., Barbas, C.S., Hoelz, C., Bueno, M.A., Rodrigues Jr., M., et al.
Project Leader
Personal Learning Contract
Learning within organizations is vital to success. It is the lifeblood that grows and sustains human capital (Bassi & McMurrer, 2004; Noe, 2008; Senge, 1990) through human resource development (HD) and the management of technology which, according to Thamhain (2001), is the key to competitiveness and wealth creation.
In this essay the researcher attempts to explore the challenges he will be facing as a leader and the competencies he will need to handle these challenges. The essay is divided into two parts. Part-I reflects the challenges, difficulties, scope and required competencies to be leader in the organization and how the writer will develop himself to fulfill the requirements of the role. While in Part-II the author has stated how to keep balance among personal and professional life.
Part-I
Contract Title: What I want to work on. The leadership contribution and capability I want to build.
Leadership is "an inherently relational process…...
mlaReferences
Argyris, C. (1992). On organizational learning. Boston, MA: Blackwell.
Axson, D. (2007). Best practices in planning and performance measurement: From data to decisions. Hoboken, NJ: John Wiley.
Bassi, L., & McMurrer, D. (2004). What to do when people are your most important asset. Golden, CO: McBassi & Company.
Besner, C., & Hobbs, B. (2008). Project management practice, generic or contextual: A reality check. Project Management Journal, 39(1), 16-33.
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....
1. The Concept of Justice in Rawls and Nozick's Political Theory:
- Analyze and compare John Rawls' and Robert Nozick's theories of justice.
- Discuss the implications of their views on social and economic equality.
- Evaluate the strengths and weaknesses of their respective arguments.
2. Utilitarianism vs. Deontology: A Comparative Analysis:
- Compare and contrast the ethical theories of utilitarianism and deontology.
- Explore the strengths and weaknesses of each theory in terms of their application to political decision-making.
- Discuss the relevance of these theories in contemporary political debates.
3. The Legitimacy of Political Authority:
- Examine different theories of....
1. The Enlightenment ideals significantly influenced the outcome of the American Revolution by promoting concepts such as natural rights, liberty, and the social contract theory, which served as the foundation for the colonists quest for independence.
2. The Enlightenment philosophy, particularly the ideas of John Locke on individual rights and the consent of the governed, inspired American revolutionaries to challenge the authority of the British monarchy and demand self-governance.
3. The works of Enlightenment thinkers like Montesquieu, who advocated for the separation of powers in government, influenced the drafting of the American Constitution and helped shape the political....
1. The Enlightenment's emphasis on individual rights and government by consent provided the ideological foundation for the American Revolution, inspiring colonists to challenge British authority and demand self-governance.
2. The Enlightenment ideals of natural law and the social contract theory shaped the Declaration of Independence, which asserted the inherent rights of the colonists and justified their separation from Great Britain.
3. The Enlightenment's belief in reason and scientific inquiry fostered a questioning spirit among colonists, leading them to critically examine British policies and recognize the need for reform.
4. Enlightenment principles influenced the development of the American Constitution, which established....
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