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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…… [Read More]
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…… [Read More]
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…… [Read More]
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 referring to express conditions. An interesting element of contract performances is those particular contracts that are divisible. In those cases, the parties' performance can be apportioned into pairs of matching or corresponding parts.
The part of this chapter discussing breaches of contracts starts with a classification of breaches into material and minor breaches, with each of the two being discussed in detail. Anticipatory breach is referred to and is defined and categorized in another part of the chapter.
Chapter 6 discusses general remedies for contracts and starts with basic measures that can be undertaken. The damage measures are described as being determined either based on the expectation of damages, or as…… [Read More]
Ethics and Morality: The Theories of Ethics and Morality
The subject in this case faces an ethical dilemma, where she has to choose between reporting an ethical concern and just playing along or doing nothing at all. Both choices have serious consequences -- reporting would mean that i) she loses her job and livelihood because of a confidentiality breach, and ii) she stops her organization from producing the environmentally-friendly hovercraft, and consequently, becomes the reason why the world will never enjoy clean unpolluted air. Playing along, on the other hand, would mean that she watches as 200,000 innocent lives are lost as a result of the hovercraft's incompatibility with existing models.
The subject has a duty to uphold confidentiality in all dealings that have to do with the company. Disclosing such information to the press would amount to breach of this duty. However, as a member of a corporate body,…… [Read More]
Contracts, Contract Law, And Society
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
(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)
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… [Read More]
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 prove…… [Read More]
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…… [Read More]
On the part of his fellow scientists, Snow's research was resisted because it was conducted with intellectual 'leaps' of logic in his determination to find the cause, as opposed to Farr's more technical and methodological approach. Farr had the more comprehensive health surveillance program, but Snow's hypothesis and instincts were correct. Snow drew upon past studies involving smallpox, cowpox, and syphilis, to extrapolate parallel examples of how the disease was transmitted, while Farr clung to the airborne model of disease transmission popular at the time even after reviewing such studies. Farr stated that non-living or zymotic material was transmitted through the air, and hence the closer the quarters of the affected, the more apt the material would be transmitted through the air.
The commonly-held belief was that fecalized air and water were the primary conduits of the disease. Farr believed primarily that the transmission was "miasmatic" and the prevalence in…… [Read More]
Financial Contracting for New Venture:
Investments in a new venture usually involve financial contracts between the entrepreneur and external investors. These external investors include venture capitalists, angel financiers, banks, private financing companies, and credits unions among others. Notably, financial contracts can have positive and negative effects on the new venture. For instance, an angel financier can add a clause on the financial contract that will not permit the entrepreneur to borrow more funds without permission from the lender. While this is likely to occur when the lending institution has a mortgage or lean on the venture's property, the clause is usually added to lessen foreclosure risk. As an individual seeking to venture in a clothing business for the Mixed Martial Arts customers to provide shirts, hoodies/fleeces, and hats, it is important to choose the most appropriate type of financial contracting with the external investor. This process of selecting the most…… [Read More]
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…… [Read More]
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,…… [Read More]
The ability to end or terminate the contract is unilateral. Gabbard expresses the fact that changes must also be unilateral. The terms in settling a dispute must be predetermined before entering contract. The Government contract gives the authoritative party the right to audit the books of the company selling the product or service. In this court case, the government was allowed to appeal the case won by Agredano resulting in a reversal of the former court ruling.
Government Contract Comparison to Uniform Commercial Code/Contract
The U.C.C. Or commercial contract is less formal and authority to enter a contract is assumed by the parties involved (Gabbard, 2011). In a UCC the terms are not detailed or written out in a formal document as required by a government contract. In fact the details are implied (Gabbard, 2011).
Analyzing and Evaluation Example: Carpet Cleaning Contract
For example in a UCC contract with a…… [Read More]
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…… [Read More]
The purpose of the take-or-pay clause is to allocate the respective risks of the production and sales of natural gas between buyers and sellers.
According to Gaille, "The seller bears the risk of production. To compensate seller for that risk, buyer agrees to take, or pay for if not taken, a minimum quantity of gas. The buyer bears the risk of market demand. The take-or-pay clause ensures that if the demand for gas goes down, seller will still receive the price for the contract quantity delivered each year."
Although there are other salient risks involved, the two main risks hedged against are the two described above.
184.108.40.206 Transfer of volume risk. According to Meyer, Myers, Kolbe, Leonard and Baker, "Take-or-pay contracts are often signed in transportation industries precisely to shift risk of revenue variances away from the suppliers who have sunk costs in the right-of-way to the suppliers of the…… [Read More]
A relational contract can be described as “informal agreements and unwritten codes of conduct that powerfully affect the behavior of individuals, clearly emphasizing the informal nature of contracts.” (Ho?hn 35) They help businesses overcome obstacles typically faced in formal contracting. Formal contracts must be written in a manner that allows for easy verification by any third party, therefore must be self-enforcing. (Ho?hn) The basis for relational contracts is self-enforcement, especially when relationships are finite. When relationships remain open-ended, the situation changes. Meaning, inclusion of extensions with information self-enforced provisions. When these changes happen, such contracts become self-enforced relational contracts. (Ho?hn) Thus, begins the ‘trust game’.
The trust game is simple, player 1 must choose to ‘trust’ or ‘not trust’ player 2. If player 1 ‘trusts’ player 2, player 2 can have the opportunity to betray or honor player 1. Should both parties not betray each other, they…… [Read More]
While there are clearly circumstances where the civil society sector is at odds with the state, there are at least as many where the relationship is one of interdependence and mutual support…. The state has thus emerged in the modern era not as a displacer of nonprofit activity but as perhaps the major philanthropist… (Salamon & Anheier 1997, p. 63-64).
Calprig is an independent statewide student organization that works on issues such as environmental protection, consumer protection, hunger and homelessness. In essence, members of Calprig desire to build a better society through a plethora of volunteer activities. The group also provides students with the opportunity to practice their effective citizenship both on and off campus. This semester, the organization focused primarily on six campaigns: The Ocean and Plastic Ban is a short-term goal to ban plastic bags in Los Angeles California; Big Agriculture, although not a lot planned for…… [Read More]
theory discussed attempt explain a real criminal crimes. Gary Ridgeway America's notorious serial killers. Your assignment analyze Ridgeway's criminal life Hans Eysenck's theory Personality.
hen considering Gary Leon Ridgway's (The Green River Killer) criminal case in the context of Hans J. Eysenck's theory on personality and crime, one is likely to observe a series of parallels between the murderer's personality and behavior and a series of events that occurred throughout his life up to the moment when he became a serial killer. Eyseneck considered that genetics plays an important role in shaping one's personality and this thus points toward the belief that Ridgway was probably influenced by biological factors when he put across criminal thinking. According to Eyseneck, individuals like Ridgway have a neurophysiologic structure that influences them to express certain attitudes when they come across particular circumstances.
hile someone might be inclined to think otherwise consequent to consulting the…… [Read More]
Locke's Theory Of Punishment
John Locke was an English philosopher, who is undoubtedly the philosopher of modern times and the originator of concepts like self and identity, human nature and understanding, theory of mind and several other concepts regarding political philosophy and ethics. orn in 1632 and died in 1704, Locke is unanimously termed as the Father of Classical Liberalism since during the enlightenment era; he was amongst the most influential and widely followed scholars. Many of his works regarding liberalism and republicanism have been included into the U.S. Declaration of Independence and Constitution, due to their authenticity and practicality in real terms.
Locke also performed as a government official who was authorized to collect information regarding to trade with the entire colonies. This experience allowed him to be in close contact with the political activities and eventually led him to write upon the authorization and legislation customs for the…… [Read More]
Theory vs. Practice
When it comes to working in any sort of organization or corporation, one of the obvious chasms that becomes clear here is the relationship between theory and what is practiced in a small business setting. To truly look at and assess that paradigm, the author of this report has interviewed an owner/manager at a small business to discuss what they do to make things work, what is suggested in theory and scholarly literature and how those frameworks and lessons do or do not work for their particular situation. The author of this report will personally be making a comparison and contrast between what is asserted within the literature and compare it to the feedback and personal experience narrative of the owner/manager. A common refrain seen in the blogosphere and elsewhere is that there is a disconnect between what is suggested in the minds of theorists and within…… [Read More]
What is the Theory of Constraints?
There has been a continuous development of management from the time it was realized that it can be studied carefully to form a branch of knowledge and the individuals who had studied it generally performed better as managers than others who never spent time on the matter. The Theory of Constraints or TOC is basically a philosophy of management and improvement. The first person to draw the attention of the world to this was Eliyahu M. Goldratt and he brought it to the notice of others through his famous book, The Goal. The guiding principle behind this theory is that in any organization there exists a weak link, and this acts somewhat like a chain with a weak link. This tops the organization from performing even better than it is performing at any period of time. In short, it is important to remove…… [Read More]
When it comes to working in any sort of organization or corporation, one of the obvious chasms that becomes clear here is the relationship between theory and what is practiced in a small business setting. To truly look at and assess that paradigm, the author of this report has interviewed an owner/manager at a small business to discuss what they do to make things work, what is suggested in theory and scholarly literature and how those frameworks and lessons do or do not work for their particular situation. The author of this report will personally be making a comparison and contrast between what is asserted within the literature and compare it to the feedback and personal experience narrative of the owner/manager. A common refrain seen in the blogosphere and elsewhere is that there is a disconnect between what is suggested in the minds of theorists and within the so-called ivory…… [Read More]
Watson Human Care Theory
The Significance of Watson Human Care Theory in handling dying patients
It is imperative to integrate a psychosocial treatment strategy in handling dying patients. This is based on the knowledge that dying patients could have lost hope leading to depreciation of an illness. In any case, most of the acute illnesses could have been contained at the primary stage of development. Healing or ailing is primarily managed by the mind and not the techniques applied in the medical arena. This study is critical in proving the essentiality Jean Watson's theory of human caring. I will heavily relate to the study to respond to necessities of a dying patient. In particular, the discussion will analyze how the theory is significant in exploring the comfort levels required in the general treating and healing process.
I replicate my approach from an article I adopted from the Danish…… [Read More]
Federal contacts play a very large and important role in the economic sectors of our society. Knowledge about these contracts can assist students in learning about the processes that occupy most of the nation's economic resources. Military spending provides the bulk of all federal government spending and most of this money is processed through contracts.
The purpose of this essay is to examine General Dynamics Corporation and give an account of a recent contract they were awarded. This essay will also investigate the type of contract of this discussion and explain some specific qualities of that particular type of contract.
The essay will also discuss some of the costs of this contract, both direct and indirect, to help contextualize the contract from the contractors point-of-view.
General Dynamics is one of largest government contractors operating in today's business world. According to their website their corporate overview statement…… [Read More]
Piaget's And Bruner's Theories For Cognitive Development
Cognitive theory, to some extent, is complex and multipart proposition. It puts forward the idea that development in humans is a function of an interaction with their upbringing, surroundings and individual understanding and experiences. Jean Piaget and Jerome Bruner are the two great theorists who constructed cognitive theories (William). Both theories have some similarities and differences which would be discussed in the paper.
Piaget's and Bruner's Cognitive Theories: Similarities and Differences
According to Piaget, the cognitive development of a child depends on four factors. These are genetic maturation, familiarity with the physical environment, understanding of the social environment and equilibration. His cognitive theory also gives an explanation of the four stages of cognitive development. The Sensory Motor Stage (Birth -- 2 years). During this stage, children act impulsively. They demonstrate an egocentric behavior and are indifferent to the needs, wants and interests of…… [Read More]
Psychological theories of criminal behavior focus on the individual, rather than on contextual factors (as sociological theories of crime do) or on biological factors (such as genetics). Personality, traits, and cognitions are all covered under the rubric of psychological theories of crime. One of the prevailing and most widely accepted psychological theory of crime is rational choice theory. ational choice theory " is perhaps the most common reason why criminals do the things they do," accounting for a wide variety of criminal behaviors (Dechant, 2009). The theory was first suggested and developed by William Glasser, and has since become a default theory of explaining everything from petty theft to white-collar crime.
ational choice theory is relatively straightforward. The individual is believed to be acting rationally, making decisions based on personal need, convenience, and expediency. The theory permits for individual differences, as each person may be motivated by different…… [Read More]
HM Organizational Behavior, Theories, Frameworks and the Links Between Individual and Organizational Performance
This work in writing conducts a critical evaluation of HM Organizational Behavior Theories Frameworks that link performance.
Defining and measuring the effectiveness and performance of workers is a specific part of the HM manager's work. The question presenting is one that asks how the skills, behaviors and attitudes that are needed by workers to successfully and effectively perform their roles is defined. One way of measuring this is linking the performance of individuals to the organizational goals. This is generally accomplished through use of competencies which are described as "the integrated knowledge, skills, judgment, and attributes that people need to perform a job effectively. By having a defined set of competencies for each role in the business, it shows workers the kinds of behaviors the organizational values…" (MindTools, 2011) Lawrence (1998) reports that people are "multifaceted and…… [Read More]
Organizational Theory #1
Create a code of ethics for an organization of your choice. For each point in the code of ethics, describe an ethical dilemma that would be resolved using the code of ethics.
All employees will conduct business honestly and ethically. We will constantly improve the quality of our services, products and operations and create a reputation for honesty, fairness, respect, responsibility, integrity, trust and sound business judgment. (Provides a clearly stated, over-arching business philosophy for honesty and fair dealings that every employee can follow).
No illegal or unethical conduct on the part of company employees or affiliates is in the company's best interest. All are expected to adhere to high standards of personal integrity -- not allowing their personal interests to conflict with the interests of the company, its clients or affiliates. We will not compromise our principles for short-term advantage. (Encourages all employees to seek the…… [Read More]
In international relations theory, realists generally follow the rational choice or national actor with the assumption that states and their leaders make policy on the basis of calculated self-interest. They follow a utilitarian and pragmatic philosophy in which "decision makers set goals, evaluate their relative importance, calculate the costs and benefits of each possible course of action, then choose the one with the highest benefits and lowest costs" (Goldstein and Pevehouse 127). Individual leaders will have their unique personalities, experiences and psychological makeups, and some will be more averse to risk than others, but essentially they all follow a rational model of policymaking. American presidents are generally skilled politicians as well or they would never have achieved such high office in this first place, and this means that their rational calculations will always include public opinion, the needs of their electoral coalitions and the wishes of various interest…… [Read More]
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 been…… [Read More]
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…… [Read More]
OVISIONS (FA) AND CONTACT
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…… [Read More]
Employment-at-will doctrine is a law that requires both the employer and the employee to either enter into a contract of employment willfully or terminate such a contract willfully. Under this law, an employer may employ an employee if the employer is willing to employ specific employees willing to accept the job under the given terms and conditions. Moreover, this doctrine allows the employer to terminate the employment contract of an employee for any reason even if it is not justified and without prior notice. Similarly, the doctrine allows the employee to terminate their contract of employment with an employer without prior notice (Mixon, 2014).
Some exceptions apply to the Employment-at-will doctrine. These exceptions include all situations in which the employment at will doctrine may not apply. The first exception to the employment-at-will doctrine is in cases where employees and employers have collective bargaining agreements. Employees who are members of the…… [Read More]
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 of…… [Read More]
Psychological contracts are a good way of thinking when it comes to the exchange or relationship between an organization and employees. Psychological contracts refer to the perception an employee has when it comes to his or her exchange relationship with the organization; the outcomes promised by the organization and the contribution an employee is obliged to make (Pp 4)
Organizations can play an active and important role in shaping their members' Psychological Contracts. This is because there are outcomes that are part and parcel of employees' psychological contracts and thus central when it comes to the exchange of relationships with their employees.one such outcome is career opportunities not only to the job an individual holds currently but the job one expects to advance into over the course of their career. Career opportunities include getting promotions, having the opportunity of working in the kind of work one wants to do, receiving…… [Read More]
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]
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…… [Read More]
Biological explanations, in contrast to fair and severe punishment as advocated by classical theorists, stress the need for institutionalization and psychological and medical treatment for the 'ill,' but they also offers what seems like a defeatist attitude towards the improvement of the criminal, as the criminal has no rational choice in his or her behavior. The presumption is that irrationally generated behavior cannot be conditioned out of the individual through incarceration, and criminality must be treated like an illness, although opinions differ as to the best way to go about treating the individual so the criminal is 'cured' of the crime, or if a cure is even possible.
However, biosocial theories suggest that society plays an important role in causing crime, such as social learning theory: "Some children are raised in families in which violence is used as a means to achieve desires. Abusive parents model to their children that…… [Read More]
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.
Contract Title: What I want to work on. The leadership contribution and capability I want to build.…… [Read More]
Media Articulation Of The ites Of
HETEOSEXUAL vs. HOMOSEXUAL MAIAGE IGHTS
In the Land of the Free where the Bill of ights is supreme, all marital unions between consenting adults should be accorded the same level of societal respect and legality under federal and state laws. It was just a few decades ago when the Gay ights Movement was born in a raucous Greenwich Village bar, but homosexuals have become increasingly accepted in mainstream American society in the years since and a growing number of states are legalizing same-sex marriage in response to this trend. Unfortunately, the path to equal rights for all American citizens has been hampered by negative media coverage of homosexuals in the United States in recent years in ways that are frequently subtle but which are discernible through careful analysis. This type of analysis is important because prejudicial public information or notice of the…… [Read More]
However, many times, viewing an object in relation to other objects does indeed transcend the permanence of the meaning and create new meaning. Therefore, our knowledge of what we are convinced is real can change, which highlights the question of whether or not our original knowledge was real before it changed; or if knowledge can ever be real. Socrates posed these questions initially, pondering the ability to agree that something "is" no matter what it might eventually be or not be.
Brumbaugh thus presents the following three principles that comprise this argument:
"1. e only contact these objects through subjective images. e never perceive them directly.
2. These objects contain a number of properties that are mixed together. Any description of the object that doesn't separate out these properties cannot explain what makes the object act the way it does. For example, if all you know about [an] & #8230;…… [Read More]
Social Contract, Rousseau argues that we are all born free and equal, yet do not live either freely or equally. Rousseau then goes on to argue that the construction of the General Will is the means by which people can achieve freedom. The General Will is the social contract where all members of society agree to obey the General Will to be part of society. Rousseau argues that by this General Will, the separate wills of each member of society converge into one. Freedom is achieved because every citizen is equal, each being a single unit of the General Will and having the same amount of influence over it. Rousseau argues that this General Will is the way individuals in society retain their equality and find freedom. Further consideration of the implications of the General Will and the social contract will show that Rousseau's version of freedom and equality may…… [Read More]
Firms with what organisational patterns are more likely to acquire existing firms? In what stage of internationalisation is acquisition more likely? Such research should not assume that such decisions are always rational. It may be that irrational factors are important at times. For example, it might be that the rush to acquire businesses in Europe prior to 1992 and to acquire companies in Asia in the mid-1990s reflected a bandwagon effect with firms developing strategies to legitimise their investments after the decision has been made (McDougall, et al., 2004). Research might also give attention to a broader range of entry modes beyond exporting, licensing and FDI. Strategic alliances with local or other foreign firms may involve no transfer of funds. Alliances are another entry mode option which deliver similar strategic advantages to joint ventures but have received little attention in the literature beyond those firms whose home country is either…… [Read More]
As such, amongst other things, globalization, in the context of Logitech's international activity, refers to outsourcing and off-shoring both services as well as products. Furthermore, it also implies the global distribution of the necessary resources throughout several countries that detain a comparative advantage.
As such, Taiwan has several arguments in favour of hosting Logitech's manufacturing activities. The crucial argument was that of reduced costs of human labour. Even though only a small percentage of the final retail price of a computer mouse is workforce related (7%), cheaper labour was a convincing incentive. ut aside from cheaper workforce, there were also other arguments in favour of manufacturing in Taiwan. Logitech was able to directly purchase the base products they needed for manufacturing their products from Taiwan. This offered the advantage of reduced supply costs and a well developed logistics channel. In addition, not only that the workforce was cheap, it was…… [Read More]
Nozick's entitlement theory of justice is an attempt to provide an account of what justice requires with respect to property. Nozick's theory has three principles. The first of these principles has to do with property acquisition. The first requirement of ownership is that a person works with the property or on the property, The second requirement of this principle is that no person is made worse off when the owner acquires the property. The second principle is a version of the Lockean principle that private ownership is only justified when there is enough left for others to use and appropriate for themselves. Lastly, the only valid, or just transfer of property is a wholly voluntary transfer of property. A person is entitled to one's holdings if and only if one came to acquire the property according to the aforementioned principles.
In Anarchy, State, and Utopia, Nozick argues that redistributive policies…… [Read More]
The Rise of Collective Bargaining
According to Brody (1993), the collective agreement signed between unions and employers meant that the unions were no longer pushing for activism, but rather they were running the unions as a business. The unions were mostly concerned with ensuring that employees had job security and they worked hard to quell any disturbances that might arise. With employees working as expected and employers willing to pay the employees as agreed, there was a need for the unions to honor their contractual agreements. The contracts removed the unions from management and offered the company managers leeway to run the business as deemed fit. Unions opted to have collective bargaining agreements that in the long run meant that the unions were powerless and the power of workers no longer rested with the unions (Aidt & Tzannatos, 2002). Adopting collective bargaining agreements meant that unions had to adhere to…… [Read More]
Since, this one lacks structure means that many employees can become confused about their responsibilities. Once this occurs, it can often lead to employee issues, where this confusion can become an issue of contention between the staff and management. As management is telling them to engage in particular activity, yet they don't understand why they are doing such tasks. Over time, this can cause moral to drop as those employees who do not thrive under such a system, begin to lower the overall positive attitude in the work environment. ("Contingency Theory," 2010)
Despite some of the obvious weaknesses, the contingency theory is effective for those organizations that are small. This is because the in formalized structure allows managers / owners the opportunity to adapt to changes that are occurring in real time. Where, they can use their experience and common sense to adjust to various business conditions. As a result,…… [Read More]
The observations from this examination are: that the individual can influence their thoughts and actions, by knowing how they will affect the process. Argyris and Schon's theories for actions shows, the positive or negative effect that these thoughts will have for all parties. In some cases, this could mean that there could be different thoughts / interpretations, about what is occurring for a particular event. In the case of any good leader, they must look at the situation outside of their own views, to be able to understand the thoughts and actions of others.
Argyris and Schon's theories provides: a way for leaders, to be able to understand the situation outside of their own perspective. Where, the actions theory will help them, to take a step back and see the situation from various points-of-views. Once this occurs, is when leaders will be able to understand how, the issue…… [Read More]
Deontology and Consequentialism
An Analysis of "Rightness" from Deontological and Teleological Perspectives
Deontological ethics stems from the notion that one is obliged by duty to behave in a "moral" manner. There are a number of theories that range from moral absolutism to Divine Command theory that may be described as deontological, but each differs in its approach to "morality" even though each recognizes an "obligation" to attend to a set of rules. In contrast to deontological ethics are teleological ethics, which gauge the morality of one's actions by their consequences. A number of theories may be classified as teleological, such as utilitarianism, pragmatism and consequentialism. This paper will explore the ideas behind deontological and teleological ethics and show how an approach to "morality" must observe at least some objective standard, and that it is the objective standard that makes an action "right," and not the dutiful adherence to the standard…… [Read More]
Herzberg and Blanchards' Theory
Leadership and Motivation
Comparison of Situational Theory against the Two Factor Theory
Hersey and Blanchard's Situational Leadership Model
Leadership / Behavior of the leader
Development Level of the Follower
Steps in the Situational Leadership Strategy
Strengths of the Situational Leadership Strategy
Drawbacks of the Situational Leadership Strategy
Assumptions of Situational Leadership Conditions
Fredrick Herzberg's Theory of Human Motivation
Hygiene Factors of the Two Factor Theory
Hygiene / Maintenance Factors
Motivating Factors of the Two Factor Theory
Limitations of the Two Factor Theory
Contrast between the two theories
What do we mean by leadership? It can be identified as the process through which a person is capable of influencing people's thoughts, attitudes, behavior and making an impact by what they say and how they act. A leader sets out the pattern for others to follow and lead on. A leader may guide his followers…… [Read More]
Leadership Path Goal Theory
The Boy Scouts" using the "path- goal theory
Path Goal Theory
Explain how the theory works and include an example
Explain the effect of power and influence that leaders have on followers in the organization
Are the followers receptive?
Would you recommend another strategy?
Evaluate the role of transformational and transformational leadership in the organization
Effectiveness of transformational and transactional leadership in the organization
Assess the traits and characteristics of an effective team leader within the organization
Explain how the leadership supports vision, mission, and strategy in the organization
If you were the leader in the organization, what would you change and why?
The leadership theories are different in their relevance and approach, however, the importance of effective leadership cannot be undermined in operations of a successful organization. The boy scouts and other military organizations also…… [Read More]
Utilitarianism and ule Utilitarianism
Normative ethics entails accessing the moral standards that relate to right and wrong conducts. Normative ethics provides the ideal for socially correct behaviors. Normative theories are founded on an individual's principles of determining and differentiating between right and wrong (achels & achels, 2009). Therefore, it is appreciable that normative theories are founded not only by the societies' expectation but also on the principles an individual rides on as far as right and wrong relate. This paper presents a comparison between Act utilitarianism and ule Utilitarianism.
On the overall, utilitarianism determines ways of determining the best action depending on the choices individuals face. The guiding principle of utilitarianism is basically the consequence of individual actions, policies and laws (achels & achels, 2009). The evaluation of ones actions in utilitarianism is thus dependent on the outcome of the action and whether the outcome satisfies the individual's…… [Read More]
This is in direct contrast to the efforts afforded by the leagues to try to reduce competitive advantage all around. One reason why the teams with larger media and crowd resources do well could be the fact that as more talented players are able to move into free agency, they seek higher and higher compensation and attention through larger media and crowd outlets (Grant, 1991). A very talented player may not want to play in a small town because there would theoretically be less exposure to media and fans, and as a marketable good or commodity, that player knows that his or her talent would not be compensated for as well as it could be in a larger town.
The basis for argument with ottenberg's presentation of competitive advantage mitigation lies in the basic economic theories that govern other markets. It is only logical that these theories be applied to…… [Read More]
Utilitarianism is most often used by healthcare organizations like insurance companies: to keep costs down for the many, a potentially valuable treatment may be denied to the individual because it is deemed experimental or unnecessarily costly. As unpalatable as the idea may be, no patient can be tested for every single conceivable illness he or she might contract. There must be some prioritization of high-risk groups. During his or her duties, a nurse may often ration her time, prioritizing where it will do the greatest good for the greatest number of people, based upon the severity of their need. However, in other instances a nurse may need to deploy the categorical imperative and state that something is clearly wrong or right, regardless of a financial calculus. A nurse must care for all patients to the best of his or her ability and preserve patient autonomy and privacy unless the patient…… [Read More]
The reason that the subject lends itself to natural resources or real estate is that there will be some information available in those areas, making the valuation less difficult than in innovative areas.
The pessimistic approach is characterized by the divest/shrink option. When a firm is divesting or shrinking it can first scale down, which means that it can "shrink or shut down a project part way through if new information changes the expected payoffs;" this option lends itself to capital intensive industries or industries dealing with financial services (Mauboussin, 1999). ather than shutting down a project, a company can also choose to switch down, which involves switching "to more cost-effective and flexible assets as new information is obtained," and might be used in smaller companies, where the wholesale shut-down of a project could end a business (Mauboussin, 1999). The scope-down option is the mirror image of the above-mentioned scope-up…… [Read More]
In fact I sincerely wanted to help them find positions where they could excel. The lack of trust on their part and the acute resistance to change was so strong that structuring for integration to the point of even defining what conditions needed to be changed to overcome shortcomings and design a new position for them was not possible. As trust was not present and despite my best attempts to earn it through being genuinely concerned about them, all attempts were seen more as patronizing and less about attempting to help them. On the occasion that they did ask for pay increases, I told them they would need to get their cumulative customer satisfaction scores up and also call volumes. Not interested in the position or excelling at it, these employees refused to improve and when let go, saw it as very personal given my continual efforts to help them…… [Read More]