CheckPoint#2: Ramifications of Participation Contracts Kristina LaShon Collins HCR/230 February 23‚ 2012 Sean Willingham Week 1 CheckPoint#2: Ramifications of Participation Contracts Participation contracts can represent financial opportunities in many ways for providers as these contracts define what the providers’ responsibilities are within the medical relationship. Though one may argue that providers can only benefit from participation contracts when the insurer does not require write offs
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by express or implied contract or by law‚ in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago‚ agere (the respective noun agens‚ agentis). The word denotes one who acts‚ a doer‚ force or power that accomplishes things.1 Agency is the exception to the doctrine of privity under the law of contract. 2. LIABILITY OF A PRINCIPAL
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Plaintiff purchased and used wool for local manufacture between 1946-48 and received some payments. The Government subsequently stopped its subsidy scheme and the Plaintiff sued the Government for subsidies it claimed it was due. Rules There was no contract. The statement made by the Commonwealth was not offered as consideration for the plaintiff buying the wool. The Court stated that in cases such as this: ‘… it is necessary‚ … that it should be made to appear that the statement or announcement which
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CONTRACTS OUTLINE Prof. Page – Contracts I – Fall 2011 |CONSIDERATION | - A legal contract only exists when there is an exchange – whether that’s a promise for a promise‚ performance for a promise‚ etc… this is called consideration. The promises/performance have to be influencing the other party to act/promise. *i.e. the ‘fuzzy coughdrop’ rule* i. RESTATEMENT
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The purpose of a Social Contract is to keep society in order. Ways of keeping society in order are human rights‚ the constitution‚ police departments‚ and education in which all contributes in having a progressing society. Human rights have to be protected which are the first 13 or 14 amendments that’s states people’s rights. If humans didn’t have any rights of their own we would feel enslaved due to that we have no freedom. The Constitution contains laws that every human being has to follow unless
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Copies of working papers are available from the author. Integrated Risk Management for the Firm: A Senior Manager’s Guide Lisa K. Meulbroek Harvard Business School Soldiers Field Road Boston‚MA 02163 The author gratefully acknowledges the financial support of Harvard Business School’s Division of Research. Email: Lmeulbroek@hbs.edu Abstract This paper is intended as a risk management primer for senior managers. It discusses the integrated risk management framework‚ emphasizing the connections
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that exists between two persons‚ when one‚ called the agent‚ is considered in law to represent the other‚ called the principal‚ in such a way as to be able to affect the principal ’s legal position in respect of strangers to the relationship by the making of contracts or the [sale or purchase] of property." So‚ an agent is someone who represents another‚ called the principal‚ in dealings with third persons. Agency is therefore an exception to the general rule of contract law that only the parties
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Forms of breach of contract and the remedies that can be used. Table of contents: Introduction Contracts as a whole Forms of breach of contracts Remedies Introduction: As long as human kind can remember contracts has been in the existence. Goods were exchanged in order to survive. Therefore a contract can be described as an agreement between two (or more) people where one person offers to do something and another person accepts that offer. So when someone agrees to sell and
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SYSTEMS‚ INC‚ INC. DATA PROCESSING AGREEMENT This DATA PROCESSING AGREEMENT is made and entered into as of the 1st day of August 2008 by and between Big Bank and Systems‚ Inc. In consideration of the mutual promises and covenants contained herein‚ the parties hereto agree as follows: 1. DATA PROCESSING SERVICES. Systems Inc. agrees to render to Big Bank the data processing services described on Exhibit "A" (the "Services") for the term of this Agreement‚ and Big Bank agrees to purchase the Services
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Contracts Exam Notes Monika Petrusevska + Kieran Paskin 2012 The 17th day of the 6th month in the 2013th year IS THERE AN AGREEMENT (Satisfy the three elements) Offer and acceptance between more than 2 parties - Clarke v Dunraven May be necessary to look at whole course of dealings - Empirnall Holdings v Machon Was there an offer? – Step 1: Define + State what type of contract Expression to another of willingness to be legally bound by terms – Australian Woollen Mills v Commonwealth
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