...Contract Performance: Conditions, Breach, and Remedies Learning Outcomes Checklist After studying this chapter, students who have mastered the material will be able to: Define what a condition is used for in a contract and distinguish conditions precedent from conditions subsequent. Apply the doctrines related to good faith performance, discharge of a contract, and substantial performance. Identify the ethical dilemmas that a manager faces in the context of good faith performance. Articulate circumstances that give rise to events of discharge via mutual consent and operation of law. Recognize events that result in breach of contract and explain anticipatory repudiation. Identify the appropriate remedy available to nonbreaching parties and understand the responsibilities of an injured party to avoid and mitigate damages. Explain the rights of third parties who have rights in a contract through assignment or delegation and third-party beneficiaries. Once it has been determined that a valid and enforceable contract exists, the inquiry then necessarily focuses on whether contract obligations were faithfully met through performance by the parties. Most contracts are fully performed by the parties as contemplated, but what happens if contractual commitments are not met? This chapter continues the survey of contract law with attention to rules that govern performance and consequences of nonperformance. In this chapter, students will learn: * How conditions are used in a...
Words: 12113 - Pages: 49
...XXXXX XXXXXXXXXXX Keller graduate school of management | hrm 586: labor relations ------------------------------------------------- Case study 10 An Anti-nepotism policy XXXXX XXXXXXXXXXX Keller graduate school of management | hrm 586: labor relations ------------------------------------------------- Case study 10 An Anti-nepotism policy CASE OVERVIEW Mr. Keith Walton applied for a job at Manatee Power plant by filling out application form (C-1) on January 5, 1999. The (C-1) form specifically asked the applicant whether or not he/she had any relatives employed at the company, to which Mr. Walton answered “no”. He was hired by Manatee Power Plant on April 30, 1999 where he worked until his release on November 2, 2006. Mr. Walton was discharged after the company learned in October 2006 that Mr. Walton did, indeed, have a relative employed with the company. At the time of the application, Mr. Walton did not know that his uncle, Bill Williams, worked for the company as well and there is no dispute regarding this fact and no question about Mr. Walton’s truthfulness on the application. UNION POSITION The Union makes several arguments in defense of Mr. Walton. First, the Union argues that the employee manual is not made readily available to employees. The Union testifies that, “….they had very limited knowledge of and access to the Company’s General Operations Manuals…” and that it is only in these relatively unknown manuals that this policy is in written form...
Words: 2464 - Pages: 10
...experience and education then Elaine. Elaine has now sued Jerry for being terminated, she wishes to have her job back and have a steady income and an annual salary. Elaine’s lawsuit has a strong case for sexual discrimination and unlawful business ethics by her employer, ensuring that Elaine, who was given no reason for the termination and after the termination Jerry hired a man, who had less job experience and education, gets her job back. However, there are certain exceptions that favor Elaine for being mistreated and fired so abruptly. The exceptions that I believe will help Elaine in the Lawsuit against Jerry other then sexual discrimination, are as follows; Tort Exceptions, Implied-In-Fact Contracts. Statutory Exceptions, and the Public Policy Exception. Certain issues need to be considered and discussed before beginning this lawsuit to ensure that there is a legitimate case. Some things to consider are; is there a valid contract with Elaine and Jerry that she must receive a reason or explanation for being terminated that is related to company policy? Does the job require any certain skills or education that Kramer may not be qualified for? Was Elaine on an annual contract with the company or was that just an item to bring people into joining the company? Was there any type of salary contract that had...
Words: 1530 - Pages: 7
...CASE: THE BROKEN EMPLYMENT CONTRACTION OVERVIEW: The case be form of EcoCare, a large health insurance company located in Michigan. The company hired Arthur Wayne five years ago as an Assistant to Treasurer by interviewing with Sara Bell, Ecocare’s Treasurer. Then Wayne was asked to “immediately resign” because of “continued personality conflicts;” in addition, when he had meeting with Bell and Vice President, George Findlay, Wayne was not able to provide the solid answer. After Wayne’s termination, he requested a review by the President, and Chairperson. He believed he was wrongfully discharged for some reasons: one reason, he believed he had an employment contract, and other he believed his supervisor did not follow the policy and procedures of EcoCare. Therefore, the President asked Human Resource Director, Chris Miller to investigate the facts of condition and the incidents which led up to Arthur Wayne’s termination. This case is principally beneficial in discussing about employee rights and discipline. ANALYSIS/ DISCUSSION: The main issue in the case is Wayne’s termination which he believed that the company was not fair based on the company’s policy and procedures. In fact, he recalled about his conversation with Bell when his first interview. After Wayne’ requested the President and Chairperson to inspect the termination, so the President assigned Miller to investigate the case again. According to investigation of employment contact, Arthur Wayne believed that he...
Words: 555 - Pages: 3
...reason for being discharged. There is no evidence of any broken labor laws or violation of employee rights on behalf of the general manager. In a right-to-work state, an at-will employee can be terminated at any time and without notice; as long as the discharge is not for reasons of discrimination, intimidation, retaliation, or breach of contract. There have been no formal complaints about any unethical treatment or violations from the discharged employees. Since this particular store is located in a right-to-work state, I can assume that the discharged employees signed an at-will-employment agreement which notifies them of the company’s right to terminate their employment without notice. Reducing Employee Costs According to (Bennett-Alexander & Hartman, 2007), the definition of an employee differs depending on the statute, case law, and other analysis. For example, the Retirement Income Security Act defines “employee” as “an individual employed by an employer”, but one court determined that the nominal definition is completely circular and explains nothing (Bennett-Alexander & Hartman, 2007). Although it is slightly difficult to distinguish between the classifications of employees, it is significant for tax law compliance and categorization, benefit plans, cost reduction plans, and discrimination claims. For example, Title VII does not cover discrimination against independent contractors. Independent contractors are defined as a person who contracts with a principal...
Words: 1280 - Pages: 6
...employment. Defense moved for summary judgment due to the fact that, “FEHA constituted plaintiffs' exclusive remedy and that plaintiffs had failed to exhaust their administrative remedies under the act.” Plaintiffs argued, “FEHA does not supplant other state law remedies, including common law claims, relating to discrimination in employment, and that pursuit of the administrative remedy is not a condition precedent to judicial relief.” The trial court granted defendant's motion and entered summary judgment in Defendant’s favor. However, Court of Appeal reversed the judgment. They asserted that, “FEHA does not preempt or preclude other state law claims relating to employment discrimination.” IRAC for Rojo v. Kliger Issue Review in this case was granted to determine the following: * Does FEHA provide the exclusive remedy for injuries arising from discrimination in...
Words: 2000 - Pages: 8
...Media Report Analysis Referencing Style Chigaco Referencing Style Article written by Steve Creedy, appeared in 'The Australian' Newspaper on 8 February 2013. ------------------------------------------------- [Word Count: 1022] (1) The article “Virgin readies Tigers Defence” reports on the plan made by Virgin Australia to take a 60% stake in Tiger Airways Australia. The following laws are evident in the text. Corporations Law Both Virgin Australia and Tiger Airways Australia are large corporations which have directors, shareholders and creditors; therefore they deal with Corporations Law. The media report indicates a possibility for a large interaction between both companies. Virgin Australia plan to obtain a 60% share of Tiger Airways, making it the majority partner, with Singaporean based Tiger Airways Holdings. Property Law The report also indicates that if the agreement was to occur, that Virgin Australia would increase Tiger Airways fleet size considerably, this means that there will be property shared between both corporations, thus involving property law. Contract Law Contract law is another form of law evident in this specific case. This is because when the two parties involved come to an agreement, there will be terms and conditions put onto that agreement in order to regulate the exchange of goods, services, money and properties. (2) Find Examples in the report of how the law does the following things: i) Allows people to organise and plan with...
Words: 1031 - Pages: 5
... 2. Case Briefs Khajavi v. Feather River Anesthesia Medical Group Facts Plaintiff Nosrat Khajavi, who is an anesthesiologist, was terminated under an oral contract stating for a specified term. This was caused by a dispute over the plaintiff and a ophthalmologist on how the proceeding should be on the specific surgery that happened that happened in the operating room which lead to an bigger argument. The ophthalmologist’s brother was the head of the anesthesia group. Then Feather River Anesthesia Medical Group terminated Khajai’s employment. The court ruled that Feather River Anesthesia Medical Group has breached its oral employment and awarded him. Issues 1. Standard of Review - Khajavi first appeals from the trial court's ruling that granted Feather River a nonsuit as to his fourth cause of action. As noted earlier, Khajavi's fourth cause of action alleged that defendants wrongly terminated him in violation of section 2056 for advocating medically appropriate health care.[7] 2. Feather River’s Motion for Nonsuit as to the Fourth Cause of Action Rules 1. Standard of Review- "A defendant is entitled to a nonsuit if the trial court determines that, as a matter of law, the evidence presented by plaintiff is insufficient to permit a jury to find in his favor." (Nally v. Grace Community Church (1988) 47 Cal.3d 278, 291, 253 Cal.Rptr. 97, 763 P.2d 948; Code Civ. Proc., § 581c.[6]) 2. Feather River’s Motion for Nonsuit as to the Fourth Cause of Action Analysis Section...
Words: 1146 - Pages: 5
...Response to Client Request II Charles Thornton, Christine Collins, Jose Rodriguez, Vanessa Van Kirk ACC 541 September 23, 2013 Sonja Wilson Response to Client Request II As requested, the staff has prepared a base analysis of the information you have requested. While the staff waits for the lawyer to determine the probability of a loss in this lawsuit, our staff has researched and prepared an analysis to help educate you and prepare you for the different outcomes. This includes how your accounting department will need to account for the contingency and how that may affect your company’s ability to pay the mortgage and the impairment of the patent. In 1975, the FASB issues SFAS No. 5, which establishes standards of financial accounting and reporting for loss contingencies (Summary of SFAS No. 5, n.d.). SFAS explains two types of contingencies. In your company’s case we will cover the loss contingency. First before reporting a potential loss you must determine its likelihood of occurrence. FASB defines the criteria for reporting contingencies in three categories: (1) probable meaning the loss is likely, (2) reasonably possible meaning the loss is more than remote but less likely, or (3) remote meaning the loss has a slight chance (Schroeder, Clark, Cathey, 2011). Once the lawyer has determined the likelihood of loss for your company, the accounting department will charge the contingencies against income and record a liability, only if two conditions are met: (1) “Information...
Words: 535 - Pages: 3
...Three Briefs Helen Mayes Kaplan University PA205: Introduction to Legal Analysis and Writing June 26, 2012 Citation- Mitchell v. Lovington Good Samaritan Center, Inc. 555 P.2d 696 (N.M. 1976) Facts- 1. Plaintiff (Mrs. Mitchell) was terminated from her job at Lovington good Samaritan Center, Inc., due to alleged misconduct. Plaintiff then filed for unemployment compensation benefits. Due to the finding from the deputy of the Unemployment Security Commission Mrs. Mitchell was denied benefits for seven weeks. Plaintiff appealed the decision and was granted her money. The Unemployment center appealed that ruling and the first ruling went back into effect. Mrs. Mitchell appealed that ruling applied for and was granted certiorari from the decision. The Plaintiff’s money was reinstated to her by the District Court. 2. Mrs. Mitchell was terminated from her job on June 4, 1974. On April 2 and April 3, 1974, Plaintiff went to work out of uniform. The first day she was told to go home and change she refused to do so, however, on the second day she did as she was told. Then on May 15, 1974, the plaintiff was singing while working, it was reported as unethical and time- consuming. Another incident happened on May 24, 1974. Mrs. Mitchell was told to change from medications to the floor routine. She was told why she was being switched but she was not co-operative. From that day unit June 4, 1974 Mrs. Mitchell refused to do her job. On June 4, 1974 Mrs. Mitchell went to...
Words: 1976 - Pages: 8
...CONTRACTS PROJECT A CASE ANALYSIS ON Stilk v Myrick 16 December 1809 (1809) 2 Campbell 317 170 E.R. 1168 BY ROHAN GOSWAMI NATIONAL LAW UNIVERSITY, ODISHA ROLL NUMBER: 042 SEMESTER: SECOND SEMESTER COURSE: B.A. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. Issues that would be dealt with in the following case analysis: * The Law as it stood before the Case, * Properly structured facts of the Case, * Issues before the Court, * Issues which were determine by the Court, * Identifying such issues if any, which the Court did not determine, * Properly stating the Decision of the Court, * The reasons as identified by the Court for its Decision, * Your analysis of whether the issues were framed properly or not, * Your analysis as to the correctness of the reasoning of the Court and * Your Opinion on the impact of the decision on the Law in general. The Law as it stood before the Case Pre-existing Duty Rule: This case was decided on the basis of Principle of CONSIDERATION under the existing Law of Contracts and the law was same before the ruling of this case. When a seaman is bound by his contract of service to serve for a particular voyage, a promise to increase his wages, unless there is increased duty or hazard, does not bind the promisor.2 It is otherwise, however, if the promise...
Words: 2610 - Pages: 11
...Factual Summary: In this scenario, Coleman works for Software Inc. in which some of his duties included traveling to prospective clients and meeting with representatives of his sales division. During one of his sales trips he went to the mall to buy a ring for his wife that he couldn’t afford and proceeded to steal it from the jewelry store. After stealing the ring he met with John at Jimmy’s Poor-Man’s Bar which was not a client of Coleman’s. Coleman decided to show John a cool trick that at the end it killed Jimmy and the bar sustained a lot of damage. Because of what occurred at the Bar Software Inc. terminated Coleman’s employment. Coleman decided after a week of his job being terminated that he would make amends with John. He took John out to dinner and got into an argument and punched John in the eye. Legal Issue(s) Presented: The issues that were presented in this scenario were: (1) Because of what occurred at the Bar, Jimmy’s mother, John, and the 5 owners of Jimmy’s Poor-Man’s Bar sued Software Inc. for the damaged caused by Coleman. (2) Coleman sued Software Inc. for wrongful termination (3) The jewelry store sued Software Inc. for the value of the ring that was stolen by Coleman. There were several legal issues to discuss based on the different types of suits that they were bringing against Software Inc. One legal issue was when an employer is liable for the actions of an employee. Another legal issue is when an employer is able to terminate an employee...
Words: 1081 - Pages: 5
...Assignment: Assignment 1 Title: Employment At-Will Doctrine Student: David Nti-Berko Professor: Anne E. Dewey-Balzhiser Course: LEG 500 – Law, Ethics, and Corporate Governance Submission Date: 07/28/2013 Introduction Since the latter part of the nineteenth century, employment at-will has been the starting point in America employer-employee relationships (D. Mathews, 1975). Under the doctrine of employment at-will, an employer may terminate employees for good cause, bad cause, or no cause at all. Most western industrialized countries do not observe employment at-will doctrine. According to the legal history, employment at-will doctrine is a legal fiction unintentionally invented by Horace C. Wood in his legal thesis in 1877 on employment law entitled “Master and Servant” (Toussaint v. Blue Cross & Blue Shield of Michigan, Mich. 1980). At-will employees can be terminated for any reason or no reason at all. This means that in an at-will workplace there is no esoteric form of fairness or justice that can be protected or enforced by the courts. In the states whereby employment at-will doctrine is observed, an employer or supervisor can terminate an employee because they do not like their style of dress, choice of music or maybe even the color of their shirt, and the employee would have no real legal recourse in most instances. Because employees can be terminated for no reason, it does create a dilemma for...
Words: 2892 - Pages: 12
...Riverside Hospital's Pharmacy Services 3) Goals: The main goal of management is to reduce the ADEs and work more efficiently and solve the long term problems existing in the hospital pharmacy. Saving time and cost is another goal that the management wants to achieve through the new system. Ensuring that the five rights are practiced which includes The Right Patient, The Right Medication, Right Dose, Right Route, Right time. Management Criteria: The criterion set by management is implementing the system which improves the problems existing in the current system and achieves its goals with the least possible cost due to the cut in funds by the Government. Analysis: There are many options that be considered to overcome the persisting issues. The first option is to introduce the Unit dose system. The unit dose system is a medication dispensing system which the doses are individually prepared and packaged for each individual patient in a bubble pack, which then labeled with the name of drug, patient, dose and the time the medication needs to be given, each bubble has the medication for five days. The main goal is to reduce the errors in medications and medication waste, nursing time involved in dispensing the medications to the patients and it will also reduce the inventory holding cost. The criteria would be to see if the system has reduced the errors and issues and how much cost does it saves and incur. Even though the option might help in reducing the errors and might save...
Words: 1502 - Pages: 7
...1) | Regardless of the type of segmentation scheme used, the key is adjusting the marketing program to recognize ________. | (1point) | | | the cost–benefit relationship of narrowing the target market | | | | | saturated markets | | | | | customer differences | | | | | the level of disposable income earned by the target group | | | | | customer similarities | | | | | | Score: 0 | | | | | | | 2) | ________ attempts to foster harmonious working relationships and to develop cross-cultural sensitivity among the employees of a firm. | (1point) | | | Adaptability screening | | | | | Multicultural seminars | | | | | Diversity training | | | | | Literacy training | | | | | Mandatory arbitration | | | | | | Score: 0 | | | | | | | 3) | In Vroom's theory of motivation, motivation is equal to E * I * V, where I represents ________. | (1point) | | | imperative action | | | | | intrinsic needs | | | | | internalization | | | | | instrumentality | | | | | incentives | | | | | | Score: 1 | | | | | | | 4) | Gerber serves primarily baby food. In choosing to focus on the baby market, Gerber is defining its competitive sphere on the basis of ________. | (1point) | | | geography | | | | | industry | | | | | competence | | | | | vertical | | | | | market segment | ...
Words: 1613 - Pages: 7
