ETHICS IN CONTRACTS Abstract: When creating a contract‚ a negotiator is not only doing so to reach an agreement between two or more parties‚ but to create an agreement that is durable; whereby parties of the contract are legally bound and committed to its promises . “A legally binding contract is defined as an exchange of promises or an agreement between parties that the law will enforce‚ and there is an underlying presumption for commercial agreements that parties intend to be legally
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OBLIGATIONS OF AGENT UNDER THE LAW OF AGENCY Introduction The law of agency is based on the maxim “Qui facit per alium facit per se” i.e. he who does an act through another does it by himself. The concept of representative capacity is the totem of agency. In the hustle and bustle of everyday life it sometimes becomes impossible to do everything ourselves and hence it becomes necessary to employ people to perform our acts. The person employed is the agent and the contract by which he is appointed
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Contract Creation and Management LAW/531 October 17‚ 2011 Contract Cron and Management The objective for the contract creation and management assignment was to review The Nature of Agency video. After watching the video‚ the assignment asks for an analysis of the issues presented in The Nature of Agency video. The video elaborates on how someone signature can cause the company a lawsuit. In the video‚ the company Quick Takes Video is facing a collection claims from Non-Linear Pro because of a
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CT235 Introduction to Duty of Care in Health‚ Social Care or Children’s and Young People’s Settings. Understand the implications of duty of care. Define the term ‘duty of care’. All health and social care organisations have a duty of care towards any one that they may look after no matter what their age may be. This basically means that we must do what we can to keep a person of any age in our care safe from harm. Describe how the duty of care affects own work role. I must at all times
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Issue(s): (a) Was Reed’s oral commitment and letter of intent to play hockey at UND conditioned on an obligation by UND to provide health care? (b) Was the release Reed signed before the race was not enforceable due to consideration. Holding(s): (a) Reed presents no evidence that his agreement to play hockey was conditioned on an obligation by UND to provide health care. Pursuant to the Letter of Intent‚ UND agreed to give Reed financial aid in exchange for his agreement to play hockey. (b) Reed
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THE IMPORTANCE OF OHS & THE APPLICATION OF DUTY OF CARE IN WORKPLACE HEALTH AND SAFETY ------------------------------------------------- EXECUTIVE SUMMARY All members of the workplace have a right to work free from risks‚ hazards and harm. It is the employer’s responsibility to provide a duty of care to all employees. Occupational Health and Safety (OHS) plays an important role in an organisation and it is about providing safe workplaces to ensure that all people within an organisation
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Essentialia The contract of employment is an agreement between two parties in terms of which one party (Mr. Phage) places his labour potential at the disposal and under the control of the other party (Lifeline services)‚ in exchange for some form of remuneration. From this definition‚ it is clear that the essentialia of a contract of employment are 1. Work and 2. Remuneration. This contract does not meet the requirement for work because even though an ambiguous job title of ‘General Worker’
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breech of contract The Breach Of Contract Joseph Ragisoa Business Law I Professor Leah Westerman August 12‚ 1013 The Breach Of Contract There are many ways to terminate the obligations of a contract. Most often‚ parties conclude their contract obligations by performing them. However‚ sometimes problems arise and parties cannot or will not complete their obligations under the contract. When this occurs‚ contracts may be terminated by reasons of rescission‚ breach‚ or impossibility
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Common Contracts paper Alyssa Baker-Brake LAW/421 Lina Malanzo 07/01/13 Contracts are a written promise to do something‚ or not to do something. The purpose of the contract is to ensure that both parties will perform the duties that they have promised to do‚ or to prevent something that was promised to prevent. Contracts are here to ensure that people follow through with their word when they promise to do something. With a contract‚ you can make a promise a legal obligation. I have personally
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managed care organizations? Which federal regulations also bring specific requirements for the operation of such entities? Discuss state and federal regulation of MCOs. State oversight of managed care generally focuses on two aspects: the techniques and processes used by a payer‚ and in particular an HMO‚ to deliver or arrange for the delivery of health care services to enrollees‚ and the organizational structure of the payer. (Kongstvedt 596) Much of the state regulation of managed care is based
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