DISCHARGE Written by Mardi Szantyr Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. by performance 2. by agreement 3. by frustration 4. by breach Each one of these methods of discharge will be considered. Discharge by performance The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for minor
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Pluralist approach: The characteristic of pluralist approach is to satisfy various interests and aspirations within their employees. The organization power was diffused among the main negotiating groups within the company in such a way that no any party will dominate others. Pluralism approach is open about employment relationships as it allows the creation of a potential structural opposition to be raised‚ as well as allows the workplace to generate certain conflicts with the organization. By
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Employment-At-Will Doctrine Shannon S. Valentine Professor Boneita Campbell LEG 500: Law‚ Ethics‚ and Corporate Governance Strayer University July 22‚ 2012 Executive Summary The United States of America is known throughout the world as the land of opportunity and freedom. Most people would agree with this statement‚ however in some situations this “opportunity” and “freedom” is not what it seems‚ especially in the job market. There is the freedom to start your own business‚ (where you can’t
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of uncertainty and financial hardship that a loss of employment brings‚ there’s often feelings of anger and betrayal that rise up in the victim. As a result‚ people who been fired from their job are often drawn to the prospect of legal action against their former employer. Unfortunately for these folks‚ at-will employment is the overriding law of the land. Essentially‚ if your job doesn’t require a written contract‚ you can have your employment terminated for almost any reason at all. However‚ there
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general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking However‚ an offer can be made in general terms‚ leaving the precise terms of the contract to be settled later: Master v Cameron The fact that the word ’offer’ is used is not itself conclusive: B Seppelt & Sons Ltd v Commissioner for Main Roads An offer must be distinguished from "an invitation to treat"‚ which can be described
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Unit 3 Purple Group Legislation‚ Policies and Procedures for Health‚ Safety and Security. P2 – In this essay I am going to outline how legislation‚ policies and procedures relating to health‚ safety and security influence health and social care settings. M1 – I am also going to describe how health and safety legislation‚ policies and procedures promote the safety of individuals in a health or social care setting. Health and Safety Legislation Legislation is a law or act which has been
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"TEEN DRINKERS DON’T GROW OLD" They Die Young It is said that teen drinkers or smokers don’t grow old‚ which others think as a good thing. But the fact is they don’t grow old because they die young. No offense but it’s the truth. But this doesn’t indicate that drinking alcohol & smoking is forbidden to happen. Almost 60 percent of teenagers these days are drinkers or smokers‚ especially for the gentlemen. It’s a bit of shocking but true and a half of this 60 percent is even the educated ones
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CHAPTER 11 NATURE AND CLASSES OF CONTRACTS CHAPTER OUTLINE A. NATURE OF CONTRACTS 1. DEFINITION OF A CONTRACT general rule. A contract is a legally binding agreement. Stated another way‚ "a contract is a promise or a set of promises for the breach of which the law gives a remedy‚ or the performance of which the law in some way recognizes as a duty." (Restatement‚ Contracts‚ 2d) study hint. The essence of a contract is that (1) by mutual agreement (2) parties create obligations
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Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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INFRASTRUCTURE CONCESSION CONTRACTS: AN INTRODUCTION #2/July 08 What is infrastructure concession contract? What are the advantages and disadvantages of concession contracts? This paper addresses these two questions. Also‚ it outlines the basics of infrastructure concession contracts. I. Introduction Ownership of public assets is a sensitive issue for all governments. However‚ budgetary shortfalls as well as the repeated failure of governments all over the world to maintain these assets have
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