...of services are very important you need to have it defined fully what services will be provided. Be aware in negotiating the contract to make sure the scope of services are defined broadly including current and future services to be provided. Compensation is very important in a contract. We all want to know how much we will be paid for the services we are providing. In an exclusive hospital the compensation is based on the demographics of the hospital’s service area. A breach of contract is when one party fails to hold up their end of the bargain under the in contract that is in place. Breach of contract could be actual or anticipatory. The actual breach of contract is when one party refuses to perform the required services that were agreed upon in the contract. The services not done by the due date or the services are incomplete. Anticipatory breach happens when one party tell you in advance that he will not perform on the due date. Once, a contract is breached, the only remedies are damages. The reasons for damages are to put the injured party in the same financial situation as he would be if he was still performing the services. This is to prevent the injured from...
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...Chapter 19 Performance and breach of Sales and Lease Contracts Case 19.1 352 N.Y.S.2d 784 76 Misc.2d 1080 MAPLE FARMS INC., Plaintiff, v. CITY SCHOOL DISTRICT OF the CITY OF ELMIRA, New York, Defendant. Supreme Court, Special Term, Chemung County. Feb. 1, 1974. CHARLES B. SWARTWOOD, Justice. This is a motion for summary judgment in an action for declaratory judgment whereby the plaintiff seeks, first, a determination that the contract wherein the plaintiff agreed to supply milk to the defendant school district at an agreed price be terminated without further liability on the grounds of legal "impossibility' or "impracticality' because of the occurrence of events not contemplated by the parties which makes performance impracticable and, second, a determination that the defendant school district has authority to unilaterally relieve the plaintiff of its contract without violating Article 8, Section 1 of the New York State Constitution. We commend counsel on the quality of their briefs. The background of this dispute is that the price of raw milk at the farm site is and has been controlled for many years in this area by the United States Department of Agriculture through the New York-New Jersey Market Administrator. The president of the plaintiff milk dealer has for at least ten years bid on contracts to supply milk for the defendant school district and is thoroughly conversant with prices and costs. Though the plaintiff avers that the defendant was aware of...
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...nominated (intermediate) term, if the breach substantially deprives the plaintiff of an intended benefit of the contract. Koompahtoo Local Aboriginal Land Concil v Sanpine [2007]. - Non-performance or Partial performance of one or more conditions in the contract, or if partial performance give rise to a sufficiently serious breach of innominate term, the non-defaulting party may reject that performance and put a stop to any further performance. Varley v Whipp [1900]. -Hidden defect in goods or services supplied to amount or serious breach of an innomiate term, the non-defaulting party will be entitled to reject what was supplied and put a stop to further performance. Finch Motors Ltd v Quin (No 2) [1980]. -An anticipatory breach of an entire contract, or of a condition in a contract or a repudiation of an innominate term, which would amount to a serious breach, the non-defaulting party, has the right to terminate performance immediately, even before the performance is actually due. Hochster v De La Tour (1853). -A party wish to terminate must decide to do so within a reasonable period of time. A decision to terminate must be communicated clearly to the other party by words or conduct. Holland v Wiltshine...
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...Case 18.1 Wilson Sporting Goods Co. v. U.S. Golf and Tennis Centers, Inc. 1. What is the perfect tender rule? The perfect tender rule is under the common law, the seller is obligated to deliver goods that conformed to the terms of the contract in every detail. 2. According to the UCC, what are a buyer’s options if the goods do not conform to the contract? Does a buyer have those same options if the goods conform in every respect? Explain. The buyer’s options if the goods do not conform to the contract, the buyer or lessee may accept the goods, reject the entire shipment, or accept part and reject part. If the goods conform in every respect the buyer or lessee does not have a right to reject the goods because the buyer or lessee is obligated to accept and pay for the goods according to the terms of the contract (UCC 2-507). 3. In this case, what provision in the parties’ contract was at the heart of their dispute? The provision in the contract that was at the heart of their dispute was “that the price charged be the lowest available price.” 4. What did the court rule on the dispute between these parties? Why? The court ruled that the seller (Wilson) fully performed, but the buyer, the company, failed to make any payments. The agreed contract terms, including purchase price were clear. Therefore, the court ruled that the defendant (US Golf and Tennis Centers, Inc.) were liable for the goods they received and upheld the contract. Case 18.2 Maple Farms, Inc...
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...A breach of an employment contract can occur where the parties to a contract fail to perform, precisely and exactly their obligation under the contract. A breach of contract by either party entitles the other party to either accept the breach or sue for damages, or to reject it and sue for specific performance. There are different types of breach of contract that can occur, according to M.R. Freedland. one type is the anticipatory Breach which was particularly developed in relation to the contract of employment to give immediate remedy to the employer for an anticipatory repudiation by the employee and occurs when a party to a contract repudiates his/her obligations under that contract before fully performing those obligations. The recognition of this type of breach occurred in Hochster v De la tour (1853)2 E&B 678 where it was held that the plaintiff, who was engaged by the defendant for three months service as a courier and notified before the engagement begun that that he would not be required, had an immediate action for damages for anticipatory wrongful dismissal, without the necessity to wait for the date on which the service should have begun. M.R. Freedland(1976) The possible remedies one can obtain in Litigation may include the following: Damages - According to M.R Freedland (1976) the remedy for damages for wrongful dismissal or breach of contract of employment is the most important remedy given by the common law, or by the rule of equity for the protection of...
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...Name Kaplan University PA130 – Unit 8 Assignment Date On February 15, 2013, Angela Woodside came into our office with complaints that she was cheated out of a substantial amount of money from Doyle Contractors. The client states that on August 1, 2011, she entered into a contract with Doyle Contractors for the sale of 50 acres of land she inherited. The contract was for the sum of five hundred thousand dollars ($500,000.00). In accordance with the contract, Doyle Contractors was to make an initial down payment of $50,000, with the remaining amount to be paid in monthly installments over a period of ten years, beginning September 1, 2011. In addition to the land, Doyle Contractors was also to take ownership of Ms. Woodside’s tractor. Ms. Woodside received the first two monthly payments in the amount of $22,500 on April 1, 2012 and again on October 1, 2012, with the latter payment covering monthly payments through March 2013. On December 2, 2012, Ms. Woodside received notice from the Ohio Board of Agriculture that effective April 1, 2013 a portion of the land sold by Ms. Woodside to Doyle Contractors was to become an “Agricultural Preservation Area”, barring commercial development of any type for a period of five years. On December 15, 2012, Ms. Woodside received notice from Doyle Contractors that they intended to stop payments and abandon their contract because of the decision made by the Ohio board. Ms. Woodside states that she was not aware of Doyle’s...
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...QUESTION ONE (1) Jones may have claims against the enforceability of his contract with the Suburban Engineering Company (SEC) in regards to consideration and unconscionability of the non-compete clause. Once those issues have been settled, the court will also need to determine if SEC breached its duty of “good faith”. A. Enforceability Issues I. Consideration Jones’ first claim against SEC is that the non-compete clause lacked consideration. Although courts often question the enforceability of such a clause, Jones’ claim will probably not be accepted by the court. The idea of consideration falls within the Justification Principle. This requires that there be no reason not to enforce the promise. Regarding non-compete clauses, there are competing views as to their enforceability. The main question is whether consideration is given. Is subsequent employment sufficient or must there be an independent consideration as to treat the non-compete clause as a separate promise? In order for a contract’s consideration to be sufficient, there must be a detriment to the promisee or a benefit to the promisor. Some courts hold that these clauses fall within the bargained-for exchange of the contract and will constitute just one component of an employee’s promise in exchange for the bargained-for contract from the employer (assuming no bargaining disparity exists). Judge Moyer reasoned that, “the employee’s assent to the agreement is given in exchange for forbearance on the part of the...
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...Chapter 12: Question 2 on page 257 You can make out the offer but because this contract is a Freedom of Contract by making whatever contract they want because it is not binding until you meet all criteria that apply. This is a communication of Acceptance because it was mailed. The acceptance part is meeting the exams and that is only for the Academy leading to employment. This is a bilateral contract which means agreement in which one promise is given for another Chapter 13: Question 11 on pages 279-280 No he did not have a legal contract with the bank president because one was not drawn at the time. This mean anyone could back out at anytime. The contract does not become official until the agreement is signed. Once signed everything goes into effect and the project is off ground and started. This is called Intent to make a Binding agreement meaning Parties must have the intent to enter into an agreement that is binding. Chapter 14: Question 15 on page 302 He had the same resources to get his information. The antique buyer was wrong because he knew the value of the items but the person with the items was wrong as well because he did not do his homework on the items. This was an Oral Contract which is hard to prove in court because there is not nothing binding him physically to the agreement such agreement on paper with signature. The antique buyer was wrong and has got the best of the person he can only hope the courts make him give it back. This is also fraud Chapter...
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...Sava Gumarska v. Advanced Polymer Sciences, 128 SW 3d 304 - Tex: Court of Appeals, 5th Dist. 2004 1. Who won the case? Advanced Polymer Sciences, Inc. (APS), won in this appeals case on 3 of the 5 issues in this case. The appeals court reversed the trial court’s judgment awarding damages to AAPS, and rendered judgment that APS take nothing against SAVA. The appeals court reversed the trial court's judgment refusing to award SAVA attorneys' fees and awarding APS attorneys' fees and expenses under the declaratory judgment act and remanded the issue of whether to award attorneys’ fees to the trial court for further proceedings. On all other issues the appeals court affirmed the trial court’s judgment. 2. Why did that person win? On the issue of the trial court's conclusion that the alleged failure of APS's resin coating products was not a material breach of the Equipment Agreement between SAVA and APS. APS won as neither the Company Formation Agreement nor the Equipment Agreement between SAVA and APS contained a warranty of the performance of the resin coating products. Nor was there an express condition in the Equipment Agreement that the resin coatings to be sold to SAVA AP would perform as warranted. Further, there was evidence that the equipment covered by the Equipment Agreement was not product specific; it could be used with any resin coating products. The evidence supportted the trial court's conclusion that the alleged failure of APS's resin coating products was...
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...[pic] Anticipatory Breach |Terms: | |Repudiation of a Contract: | |A party to a contract’s words or actions that indicate unequivocally that he will not perform on the contract. | |Anticipatory Breach of Contract: | |A breach of contract caused by a party’s unequivocally repudiating the contract, i.e. indicating that he will not perform when performance is | |due. | |Prospective Inability to Perform on a Contract: | |Where one party expresses doubt as to whether he will perform on a contract. | |The repudiation of a contract is where one party to a contract informs the other party that he will not perform his duties under the contract.| | ...
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...NAME: _______________________________________ CASE 8: Research In Motion: Managing Explosive Growth 1. BACKGROUND INFORMATION |Timeframe |Country(s) Involved |Key Individuals & Titles |Company Type & Size | | | | | | 2. BRIEF SUMMARY OF CASE SITUATION |Business or Industry Description |Particular Company Situation | 3. INDUSTRY AND COMPETITIVE ANALYSIS |Dominant Economic Characteristics |Strategic Group MAP | | | | | | | | | | | | | | ...
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...the right hair, and covering nothing up but your crotch area. This interprets sexuality. The same goes for women. typical images for women are a big chest, a big behind, slim waist, long legs, skinny, oh and flawless. The stereotypes these advertisements perpetuate are that men are supposed to be taller, bigger, heartless, and tough. As for women, they have to be smaller, looked down upon, and even always being innocent. When it comes to race, a white boy has control over the white girl. But when it's a black boy and a white girl, the girl has the control. Go figure that race would have a part in advertisement. Another way race is involved in this is when it comes to colored women, they're seen as animals. They would dress up the colored models into an animal such as a tiger and have her pose as...
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...comparison between model in the past and the present, and how models become more restraints than before. Also we will talk about the advantage of using models and how they can make our life much easy. Models have evolved since the beginning of the century. There are many kinds of models for almost any system or item that exist. Each model uses short, long, simple or complex mathematics formula it depends of which case the models solve. However the models that are used in these recent years are very complex and have many numerous computations which make the only one that can handle it is the computer. These kinds of models are usually use in a wide variety of tasks, such as prevision of the decision made, and an effective answer to everyday problems. During time, models start to be more restraints than before. These kinds of restraints should have value or weight to make a model compatible with the case that model solve. There are several constraints or restraints in each models, one of the most important one is budget of the project. In other words the more wherewithal, the more model accuracy. Mark P. McDonald ( December 8, 2010). To use complex mathematical formula in the models it requires an educated staffs with a good knowledge of model branch, which make the model more expensive and take more time to solve it, comparing with computer time and cost. However the need of special educated persons is strictly required to conclude if the models created by computer...
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...superior performance in a given job, role, or situation.Competency modeling is the activity of determining the specific competencies that are characteristic of high performance and success in a given job. Competency modeling can be applied to a variety of human resource activities. This research paper will describe how organizations identify their core competencies and how they are applying this competency data to improve performance. It will also explain some emerging trends in competency modeling. Developing Competency Models Competencies enable employees to achieve results, thereby creating value. It follows that competencies aligned with business objectives help foster an organization's success. Organizations must understand their core competency needs - the skills, knowledge, behaviors, and abilities that are necessary for people in key roles to deliver business results.According to Boulter, et al (1998), there are six stages involved in defining a competency model for a given job role. These stages are: 1. Performance criteria - Defining the criteria for superior performance in the role. 2. Criterion sample - Choosing a sample of people performing the role for data collection. 3. Data collection - Collecting sample data about behaviors that lead to success. 4. Data analysis - Developing hypotheses about the competencies of outstanding performers and how these competencies work together to produce desired...
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...discovering similarity, maturity, and capability to measure, model asses and evolves the alignment level existing among business and technological assets of an enterprise. The top research issue for currently is the alignment between business processes and supporting software system. For the first time the issue was mention in the 1970 and then several studies and researches were conducted focused the alignment concerns. Actually this paper is aiming to review a proper analysis which considering the alignment topics. From the view of the business and technological alignment, it focuses on the degree of the information technology mission, objectives and plans, support and is supported by the business mission, objective and plans. To looking how the organization can achieve alignment, the traditional approaches have been used, however only a little contribution about how to identify and correct misalignment. To complete the alignment strategies, the modeling and measurement is a must. The phase of modeling is about the various entitled the alignment concept and the links between business and IT entities. Measurement of the alignment degree existing between the chosen assets for establishing if there is any improvement. The alignment is supported by an automatic support where it’s all the processes. There is several approaches was proposed to address issue from modeling to measurement. The approaches are Strategic Alignment Model (SAM) which used for financial service firms for determining...
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