...Module Handbook Unit 5: Aspects of Contract and Negligence for Business Unit code: Y/601/0563 QCF level: 4 Credit value: 15 credits Module Tutor: Anila Mushtaq Contact Details: anila.mushtaq@yahoo.co.uk Preferred style of contact: In the first instance, if you have any queries regarding the teaching or assessment for this module, please ask question during the lecture. If you do not receive a satisfactory response then e-mail me with your query for an appointment. Introduction: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Unit abstract: The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence...
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...explore the aspects of business contracts and these aspects’ application to business management. Discussion focuses on Internet contracts and international transactions. You conduct a simulation to evaluate contract performance requirements and solutions for if the contract is not upheld Contract Risk and Opportunities OBJECTIVE: Analyze legal issues arising from contract formation, performance, and remedies. Resources: Ch. 9–11, 16, 18, & 20 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 9: Nature of Traditional and E-Contracts o Introduction to Nature of Traditional and E-Contracts o Definition of a Contract o Sources of Contract Law o Objective Theory of Contracts o E-Commerce o Classifications of Contracts o Equity • Ch. 10: Agreement o Introduction to Agreement o Agreement o Offer o Special Offers o Termination of an Offer by Act of the Parties o Termination of an Offer by Operation of Law o Acceptance • Ch. 11: Consideration and Promissory Estoppel o Introduction to Consideration and Promissory Estoppel o Gift Promise o Contracts Lacking Consideration o Settlement of Claims o Equity: Promissory Estoppel • Ch. 16: Remedies for Breach of Traditional and E-Contracts o Introduction to Remedies for Breach of Traditional and E-Contracts o Performance and Breach ...
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...by carpooling.com GmbH, Nymphenburger Str. 86, 80636 Munich, represented by the managing directors, Dr. Michael Reinicke, Matthias Siedler or Stefan Weber (carpooling.com). These Terms of Use are divided into provisions for all users (Section I), special provisions for using the booking and payment system offered by carpooling.com (Section II) as well as general provisions (Section III). I. General 1. User group and conclusion of contract, free and premium membership 1.1 Users have the option to register on the website. Registration and maintenance of the usage agreement requires the user to hold a valid and permanently active email address. Furthermore, all information provided must be correct and complete, particularly with regard to the address. The provided information must be updated in the event of any changes. 1.2 The user may freely choose a username and password during the registration process. The user must keep the password secure and not grant third parties access to the website by using his or her user credentials. 1.3 The contract comes into force as soon as the user has submitted the registration form and carpooling.com has confirmed the registration by providing the user with an activation code, which is required for first-time login. 1.4 All services of the basic membership on the Mitfahrgelegenheit websites are made available to the user free of charge. The basic membership includes all offers on the Mitfahrgelegenheit websites that are not explicitly labelled...
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...conducted mainly direct as face to face or oral, but not through the signing of a written contract between businesses and partners. So, in some written contract have mistaken, that the firm should be noted and fixed to avoid unnecessary litigation in process cooperation with others organization. Examples, 2 written contract: No. DFG14140131, which was signed in 02/05/2014 about the company sale 52.084 kg Robusta coffee for Atlantic Vietnam foods, Ltd. and No. 131/04 HDMB about DakMan Vietnam, Ltd. buy 30 tons Robusta coffee of the firms that was signed in 12/04/2014. To help the manager of company understand more the contract in the business, I will introduce types of contracts, and essential elements of contract in UK law them analysis the two contracts were mistaken to she can realize problems and give the solution appropriate to resolve issues. II. The contracts. 1. Definition the contracts. The contracts is the agreement between two or more parties include one parties offer and one parties acceptances about anything and it is bound by the law ( Linda William. 2004 – 2009). Example, I offer selling my cell phone with brand is Nokia Lumina 520 with price is 1.500.000 VND and my friend is Hoang Anh accept buy this cell phone, at that time the contract buyingselling the cell phone between me and Hoang Anh was established. 2. Types of contracts and the impact of them. There are three kinds of contracts in UK law; they are face to face, written...
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...research and mitigates risk of non-compliance. The research process is now streamlines, there are real-time updates, and it assists with the IFRS convergence efforts. b. What is the goal of codification? FASB had three primary goals when creating the codification: 1. Simplify user access by codifying all authoritative US GAAP in one spot. 2. Ensure that the codified content accurately represented authoritative US GAAP as of July 1, 2009. 3. Create a codification research system that is up to date for the released results of standard-setting activity. c. What authoritative literature does the codification supersede? The codification in Statement No. 168 supersedes Statement No. 162 - The Hierarchy of Generally Accepted Accounting Principles. d. How is the codification structured? Include as discussion of the topic, subtopics, sections and subsections in your answer. The Codification is organized into Areas, Topics, Subtopics, and Sections. Each Area, Topic, and Subtopic page contains a linked table of contents. When using the System, you can browse through the Codification content simply by clicking links that take you to the pages you want to go to. In the Codification Research...
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... administrative law, equity etc. In business world, we use different kinds of law & law of contracts is one of the most widely used business law which is basically used to understand future business related The Aspects of Contracts & Negligence for Businessissues in more predictable manner by people engage in contracts. Contract is basically a promise that gives the official commitment that the law will be enforced.Judicial activism, which creates law to be less predictable & more flexible, & judicial restraint, which makes law more predictable & less flexible, is two important issues closely related to contracts that need to be defined properly. Task 1: P1- The essential element of valid contracts in a business context: A contract, to be valid in a business context, must have some essential elements which can be basically classified in four major categories- ð Agreement- In every contract, there must be an agreement between two parties where one party needs to make any kind of valid offer & the other party needs to accept the offer made. ð Consideration- To be valid, every contracts must have some consideration on the basis of which they engage in the contract. There must be exchange of something. The subject matter of the contract may vary from contract to contract. ð Intention to Create Legal Relationship- The subject matter & everything related to the contract must be legal & there should...
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...Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . Viewing Business-Process Security fromDifferent Perspectives Gaby Herrmann and G?nther Pernul are crucial success factors inelectronic commerce. ABSTRACT: Security and integrity a framework that includes the securityand integrity This paper offers requirementsof business processes in businessprocess execution. An themodeling and refinement securityand integrity of requirements. High-level security of requirements business processes are viewed fromfivedifferent perspectives. The tasks involved in the different perspectives are described, and the modeling of security re quirements isoutlined by focusingon the example of the legal binding of contracts. KEYWORDS binding, important part of the framework is AND PHRASES: Business process, business-process reengineering, legal semantics. security of markets in recent years, many enterprises Because of the globalization have located their offices and production sites all over theworld. They need to cooperate in order to conduct business. Because of distribution and open ness, special care must be devoted in such systems to the security and integ rityof corresponding business processes. To participate in electronic commerce and to optimize their business processes, many enterprises must reengineer their existing business processes, devoting special care to...
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...soft drinks contained fiber-like matter and other foreign substances. She discovered the presence of some fiber-like substances in the contents of some unopened Coke bottles and a plastic matter in the contents of an unopened Sprite bottle. The Department of Health informed her that the samples she submitted are adulterated. Her sales of soft drinks plummeted, and not long after that, she had to close shop. She became jobless and destitute. She demanded from the petitioner the payment of damages but was rebuffed by it. She then filed a complaint before the RTC of Dagupan City, which granted the motion to dismiss filed by petitioner, on the ground that the complaint is based on contract, and not on quasi-delict, as there exists pre-existing contractual relation between the parties. Thus, on the basis of Article 1571, in relation to Article 1562, the complaint should have been filed within six months from the delivery of the thing sold. The CA reversed the RTC decision and held that Geronimo’s complaint is one for quasi-delict because of petitioner’s act of negligently manufacturing adulterated food items intended to be sold for public consumption; and that the existence of contractual relations between the parties does not absolutely preclude an action by one against the other for quasi-delict arising from negligence in the performance of a contract. Hence, this petition. Issue: Whether or not the action for damages by the proprietess against the soft drinks manufacturer should...
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...technical proficiency, delivery dates, and domestic content/presence were the most important award criteria to win bids for passenger railcar manufacturing contracts in the US. For most bids around 1992, Morrison-Knudsen (M-K)’s offers were outweighing the technical edge Bombardier’s Transportation Equipment Group (TEG) had through fast delivery times and performing most of the contract locally (e.g. open more local plants or hire more local people than competitors). In addition, the company considerably underbid contracts by 7% on average. Remarkably, all those key deciding factors were based on promises without a record of proof. Therefore, M-K’s promises seemed to be out of touch when considering that the company lacked substantial experience in manufacturing rail equipment, and had not delivered a single working vehicle to any client so far at that time. M-K had experience in the refurbishment market for mass transit cars, but this is considered an entirely different business from car manufacturing, e.g. it did not involve design, and many integration issues were already solved (blueprints). Consequently, without the control of the overall design and the integration of various systems, while having components coming from all over the place (e.g. M-K was supplied and supported by low-cost overseas firms from Brazil, Japan or Portugal, even for design and engineering), M-K took a huge risk of not being able to fulfill its contracts through production shortages or other process issues...
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...requirement of certain kinds of contracts are memorialized in a writing, signed by the party to be changed, with sufficient content to evidence the contract. These are traditionally required in different cases that affect more than one party. Examples of this would be consideration of marriage, contracts that cannot be fulfilled on one year and contracts for the sale of goods totaling $500 or more. In these cases, if a defendant is going to use Statute as a defense, must be raised in a timely manner. If the defendant claims that a contact existed, under oath, it may ne be used by the defense under the UCC but can be used by common law. Exceptions to this are Admission which was just discussed, Merchant conformation rule, and Easements by implication. Every state has a Statute that requires individual contracts which are most commonly used for sale of land, and other types of contracts that cannot be completed within one year. In this particular case the oral contract would be upheld as long as it was documented. Any oral contract such as the one made by Mark and Johnny, would be upheld in the courts s long as it was documented. The purpose of this contract is that it can be proven to be reliable. These contracts must fall under 6 categories to be binding and require such a contract. The six categories are as follows. Any contract involving the sale of land and for transfers of land. Any contract that will not be completed within a year, however any contract to be completed within...
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...representative organizations, the employer representative organizations in the labor relation and other relations directly related to the labor relation, the State management of labor. Article 2. Subjects of application 1. The Vietnamese employees, apprentices, interns and other employees specified in this Code. 2. The employers. 3. Foreign employees working in Vietnam. 4. Other individuals, agencies and organizations directly related to the labor relation. Article 3. Interpretation of terms In this Code, the following terms are construed as follows: 1. Employees are people from 15 years old and above, capable of working, working under labor contracts, receiving salaries and subject to the management of the employers. 2. The employers are enterprises, agencies, organizations, cooperatives, households and individuals hiring, employing employees under labor contracts. The individuals must be sufficiently capable of civil acts. 3. The labor collectives are organized collectives of the employees working for one employer or in one division under the organizational structure of the employer. 4. The internal labor representative organizations are the executive board of the internal Union or the executive board of the direct superior Union if the internal Union has not been established 5. The employer representative organizations are organizations legally...
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...CASE STUDY: The first contract will be held between Agro developer and reward seeker and this contract will be a mudarabah contract. In this contract reward seeker will provide capital and agro developer will work as mudarib. This is an unrestricted mudarabah because reward seeker is only interested in reward whether the mudarib can invest the finance in any business. Firstly agro developer and reward seeker sign MOU. [pic] Contents of Mudarabah Contract: • This is unrestricted mudarabah. • This is short term mudarabah and mudarabah will be liquidated at the end. • Profit ratio will be 70% & 30% after excluding all expense (compensation of loss if any) • Mudarib as agro Developer will give access to your A/C • Reward Seeker is providing Rs five (5) lakh • Mudarabah contract is signed at the date of 01-01-2011 Now the Agro developer is doing another contract with the former to utilize the mudarabah capital. Agro developer enter in the salam contract with former at the date of 03-01-2011. Agro developer has verified that the former have 2 jareeb of land and he has no money to caltivate the land wit a potato. The average production of one jareeb is _________ ton and the average price of potato at the time is Rs 10 /kg. The agro developer has to provide a seeds and fertilize. The type of seeds for potato is ronaldo which give better average production. The price of ronaldo is Rs ________ per 50kg and the demand...
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...Case Study: Can APCO Insure Its Future with a New System? APCO, short for the Automobile Protection Corp., is a little-known company whose field is automotive service insurance and whose goal is to market and administer contracts that cover both automobile warranties and service contracts. Headquartered in Atlanta, Georgia, the company was launched in 1984 and was acquired by Ford in 1999 for $165 million. Its contracts are actually insurance policies that cover the costs of repairing vehicles—contracts that dealers offer when customers purchase a vehicle. Although some dealers insure for repairs themselves, usually these contracts are actually offered by insurance companies in the name of the dealers, and they are usually sold through the dealers. APCO is not a dealer, a service organization, or an insurer but instead arranges for warranting and servicing insurance with various insurance companies. It then markets these policies as service contracts or warranties through the automobile dealers. Once these contracts are sold to the vehicle purchasers, APCO administers them through the dealers. It also handles private-label service contracts for partners who finance and sell their own contracts and then engage APCO to administer them. Its private-label partners include such well-known companies as Allstate, American Honda Finance, Banc One, Manhein Auto Auctions, Mazda USA, and Volvo Canada. Although APCO had only $8 million in sales in 1989, its fifth year, by the year 2000...
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...Employment-at-Will Doctrine Professor: May 1, 2014 Assignment # 1 Employment-at-Will Summary of the Employment-at-Will Doctrine The concept of At-will means that an employer can terminate an employee because of any reason but the illegal dismissals does not come under this category. Similarly, the employee will also have a choice to leave the job at any time with or without any reason. There would not be any adverse legal consequence in such a case. In some cases, the contents related to the Employment-at-Will can be included in the contract. For instance, the contract can provide a specific duration of employment or include reasons for termination. The discussion of these factors during the preparation for the At-Will Employment Contract usually takes place between the employers and employees. The courts also provides legal cover for such contracts that has a lot of importance (Charles, 2001). Therefore, these are all the major aspects related to the Summary of the Employment-at-Will. This doctrine is followed in the United States at large whereas other countries, which has provided a chance of ‘good faith’ includes Canada, United Kingdom, Germany, Japan, Italy and Sweden. At-will doctrine serves to provide the employer the liberty to terminate any employee with or without any good or bad cause. Nevertheless, the good cause commitments are stated to the employee at the time of recruitment so that they can have their job security issues resolved (Free Dictionary,...
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...Employment-at-Will Doctrine Professor: May 1, 2014 Assignment # 1 Employment-at-Will Summary of the Employment-at-Will Doctrine The concept of At-will means that an employer can terminate an employee because of any reason but the illegal dismissals does not come under this category. Similarly, the employee will also have a choice to leave the job at any time with or without any reason. There would not be any adverse legal consequence in such a case. In some cases, the contents related to the Employment-at-Will can be included in the contract. For instance, the contract can provide a specific duration of employment or include reasons for termination. The discussion of these factors during the preparation for the At-Will Employment Contract usually takes place between the employers and employees. The courts also provides legal cover for such contracts that has a lot of importance (Charles, 2001). Therefore, these are all the major aspects related to the Summary of the Employment-at-Will. This doctrine is followed in the United States at large whereas other countries, which has provided a chance of ‘good faith’ includes Canada, United Kingdom, Germany, Japan, Italy and Sweden. At-will doctrine serves to provide the employer the liberty to terminate any employee with or without any good or bad cause. Nevertheless, the good cause commitments are stated to the employee at the time of recruitment so that they can have their job security issues resolved (Free Dictionary,...
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