ESSENTIAL REQUISITES OF CONTRACTS Article 1318. There is no contract unless the following requisites concur: 1. Consent of the contracting parties; 2. Object certain which is the subject matter of the contract; 3. Cause of the obligation which is established. Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance
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Rousseau’s Social Misunderstanding In The Social Contract‚ Jean-Jacques Rousseau proposes a utopian type social contract that all citizens are informally entered into. In this contract‚ Rousseau calls for the people to sacrifice their natural freedoms in order to receive a greater and more beneficial state of civil liberty. Civil liberty being the state of being subject to laws that are for the benefit of the community opposed to the individual. Rousseau claims that these sacrifices will result
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Social Contract Theory Social contract theory‚ nearly as old as philosophy itself‚ is the view that persons’ moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live. Socrates uses something quite like a social contract argument to explain to Crito why he must remain in prison and accept the death penalty. However‚ social contract theory is rightly associated with modern moral and political theory and is given its first full
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June 25‚ 2013 Skipworth Coconut Wars The “Social Contract Theory” is a theory that without the unofficial introduction of morals of right and wrong‚ we would all be living in a world worse than that our homo-erectus ancestors inhabited in such a way that there would be no “we” but just our self interest in the desire to survive. There would be no groups‚ no tools‚ and no interactions other than that of violence (such as rape and murder)‚ but just pain‚ fear
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Contents page Introduction Psychological contract The characteristics of a psychological contract are the mutual beliefs‚ informal obligations‚ perceptions of the employee and employer towards each other; the expectations an employee has of the organisation and the expectations the organisation has of the employee and the reciprocal promises in that relationship. This helps to set out the aims and objectives in the company for the work to be done professionally. The employee has different
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You Are a Contract Painkiller (1997‚ p. 111)‚ author Maureen Littlejohn makes extensive use of personification to describe the functioning of Aspirin in our body‚ its various properties to fight pain‚ and its evolution over the years. Littlejohn describes how Aspirin claimed celebrity status as one of the world’s most popular‚ inexpensive painkillers by relieving headaches‚ sprains‚ blows‚ burns‚ swelling and fever. Furthermore‚ she added that Aspirin could also be used to reduce the risk of stroke
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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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CONTRACT LAW NOTES It is a legal enforceable agreement entered into by two or more different persons with legal capacity. The parties should have serious intention to create legally binding obligations. Their agreement needs to be within parities’ contractual capacity. Furthermore‚ parties should communicate such intention without vagueness each to the other and being of the same mind to the subject matter. Essentials of a contract a) it should be lawful b) possible of performance c) within
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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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Angie Z. Tutorial Section: D115 December 6‚ 2010 Compare and contrast the ‘social contract theories’ of Thomas Hobbes and John Rawls. Which theory is more persuasive? Be sure to explain what Rawls means by ‘the original position‚’ and the ‘veil of ignorance‚’ and why those concepts do not figure in Hobbes’ theory. Social Contract Theory holds that the only consideration that makes actions right is that action is in accordance with an agreement made by the rational people for governing their
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