...ACKNOWLEDGMENT I,RAHUL, student of M.COM from AUSTRALIAN CATHOLIC UNIVERSITY (ACU). MELBOURNE “I certify that this is a true and correct copy of the original, which I have sighted.” RAHUL INTRODUCTION TO CONTRACTUAL CLAIM A contractual claim is an entitlement under the contract itself where specific provisions or implied conditions of the contract can be invoked to support the entitlement. A Claim under law, sometimes referred to as an ‘extra-contractual’ claim is where the entitlement accrues from the provisions of the law. FIGURING OUT WHO CAN SUE First, you need to figure out whether you have the right to file a lawsuit against the person or business you have a dispute with. To file a lawsuit in court, you have to be someone directly affected...
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...The following essay deals with a hypothetical case in contract law, more specifically an offer and its acceptance. Its main purpose is to discuss and apply the principles in law, relevant to the topic, as well as advice the parties on their position and legal obligations. In the following case, the offer is being made by an advertisement in a local newspaper. The law states that advertisements in general are merely an invitation to treat and not an offer, the precedent being the Partridge v Crittenden case. An invitation to treat is an action, inviting the other parties to make an offer in order for a contract to be made. It treat cannot be accepted and therefore cannot directly be converted into a contract. The reasons for the decision advertisements to be considered to be invitations to treat are various – from allowing sellers to refuse to sell a wrongly labeled item, to protecting them from legal obligation resulting from a breach of contract when they fail to accommodate all needs due to a shortage in stock or failure in the supply chain. In certain situations, though, an advert can be elevated into an offer. In order for that to happen, the wording must be unambiguous and explicit, leaving no room for negotiation. This concept was first illustrated in the Lefkowitz v Great Minneapolis Surplus Store case. Even though it wasn’t an English case, it can still serve as an example in cases with similar circumstances due to the similarities in the legal systems of the UK and...
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...Strategic Management Journal Strat. Mgmt. J., 23: 707–725 (2002) Published online 1 May 2002 in Wiley InterScience (www.interscience.wiley.com). DOI: 10.1002/smj.249 DO FORMAL CONTRACTS AND RELATIONAL GOVERNANCE FUNCTION AS SUBSTITUTES OR COMPLEMENTS? LAURA POPPO1 * and TODD ZENGER2 1 2 Pamplin College of Business, Virginia Tech, Blacksburg, Virginia, U.S.A. John M. Olin School of Business, Washington University, St Louis, Missouri, U.S.A. Relational exchange arrangements supported by trust are commonly viewed as substitutes for complex contracts in interorganizational exchanges. Many argue that formal contracts actually undermine trust and thereby encourage the opportunistic behavior they are designed to discourage. In this paper, we develop and test an alternative perspective: that formal contracts and relational governance function as complements. Using data from a sample of information service exchanges, we find empirical support for this proposition of complementarity. Managers appear to couple their increasingly customized contracts with high levels of relational governance (and vice versa). Moreover, this interdependence underlies their ability to generate improvements in exchange performance. Our results concerning the determinants of these governance choices show their distinct origins, which further augments their complementarity in practice. Copyright 2002 John Wiley & Sons, Ltd. Transaction cost economics (TCE) has emerged as a common framework for understanding...
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...Question 1 Negligence refers to careless behavior which means somebody is not taking enough care in a situation where care is expected. People must be careful if actions affect others. If Alphonso wanted to sue the doctors for negligence, he should prove the four elements of negligence. For the Elements of negligence, it includes the duty of care, standard of care, causation and remoteness of damage.To duty of care, the defendant owed the plaintiff a duty of care about the reality of the lap band surgery. And the defendant had a responsibility to take care not to cause any loss to plaintiff. As in the Lord Atkin in Donoghue v Stevenson[1], one person should avoid acts or omissions that would be likely to injure his/her neighbor. Thus, it was reasonably foreseeable that the doctors had made the failure to warn the danger and led to Alphonso’s injury. Dr Corinthian is a specialist with expertise about the risk of surgery and he does know that Alphonso would rely on the information what is given by him, as in the case L Shaddock and Associates Pty Ltd v Parramatta City Council[2]. Moreover, Dr Blataslav owes a duty of care with regards to his knowledge about lap band surgery and he should know that Alphonso will rely on his knowledge. For the standard of care, the defendant failed to act with a sufficient care and did not give the standard of care required in the circumstances. Dr Corinthian should tell the truth about the 33% chance of complications and a 10% chance of...
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...Business (SB)………………………………………………………... 10 5. Historically Underutilized Business Zone (HUBZone) ………….……….…10 6. Small Disadvantaged Business (SDB)…………………………….……........10 7. Small Disadvantaged Business 8(a) Certified [8(a)] Communicate the Vision (Step #4)………………………………………..……….10 7. What additional steps have been taken to encourage Federal agencies' use of WOSB, SDVSOB & VSOB?...................... remove the obstacles (Step #5)…......................................................11 8. Road blocks to fulfilling the allotted contractual goals, are they real or perceived?...remove the barriers……………13, Create Short-term Win (Step...
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...ARE IMPLIED There are two methods by which terms are implied in a contract. By custom, the court and by statute. Normally the terms that has been implied by a custom or the trade usage explain those terms in a conventional way as those circumstances are the common situation within the business context. For instance a case, Mr Deborah buys a car from a well reputed showroom car and so it is expected that the car has to be adequate for its function. This genre of implied terms normally acts in accordance with the conditions that are implied by statute since this should be up to the court to resolve a homogenized ruling for the requirement of a customary term. The condition applied by the law depends on legal obligations that has been attained from an individuals from a common contractual alliance and hence it does not rely...
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...Pre-contractual negotiations Introduction Before parties contract with each other they usually start with negotiating the terms under which they wish to be bound. Such is especially the case with regard to major deals. While parties are negotiating they are in the pre-contractual stage, hence it is referred to as the pre-contractual negotiations. When doing cross boarder business, it is relevant to know what laws (being national or international) regulate the pre-contractual negotiations as legal systems differ. In negotiating with a foreign party, it is important to research the foreign country’s negotiating norms. There are numerous sources of international contract law, but the applicable law will usually be the law of the country of one of the parties or a neutral country’s law. Courts and especially arbitration tribunals often...
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...Design Responsibility under Design and Construct Contracts: Some issues for Principals Introduction There are a number of reasons design and construct (D&C) contracts are attractive to principals and lenders. There is a single point of responsibility for both design and construction aspects of the project, the principal is able to fast track the project although not all aspects of the construction are complete, there is greater certainty of price and the contractor is involved from the earliest stage in planning design and programming. In consequence, the principal will need to accept a higher price for the contractor to take on this additional risk compared to more traditional construct only contracts. This paper will identify some issues for principals to consider when allocating design responsibility to contractors within a D&C project. These issues arise as the design and construct process involves a fundamental conflict of interest. Principals desire to have constructed a product of the best quality for the lowest possibly price. The contractor on the other hand is more likely to make a higher profit if the product is of a lower quality (and therefore cost) and a higher price (as opposed to costs). In addition, although a greater proportion of design risk is placed on the contractor, this passing of risk is often accompanied by the abrogation of responsibility and loss of control. The paper will refer to the approaches of 3 standard form contracts -...
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...Contract Risk and Opportunities LAW/531 Jonathan Jamieson April 19, 2010 CERTIFICATE OF ORIGINALITY: I certify that the attached paper is my original work. I affirm that I have not submitted any portion of this paper to any previous course, and neither has anyone else. I confirm that I have cited all sources from which I used language, ideas, and information, whether quoted verbatim or paraphrased. Any assistance I received while producing this paper has been acknowledged in the References section. I have obtained written permission from the copyright holder for any trademarked material, logos, images from the Internet, or other sources. I further agree that my name typed on the line below is intended to have, and shall have, the same validity as my handwritten signature. Student's signature (name typed here is equivalent to a signature): Allison L. Sutton . Contract Risk and Opportunities A contract has been created between Span Systems, a custom e-banking software developer, and Citizen-Schwartz (C-S), a German bank attempting to enter the fiercely competitive U.S. banking market. The legal risks presented during the contract performance causes both companies to disagree on principle points leading to renegotiation efforts by Span Systems to salvage the contract (University of Phoenix, 2010). Differences in contract term interpretation and disputes over contract management can lead to a decrease in production, severance of business...
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...17.00 Room: LH 2 & LH 3 Term: Winter Term CONTENTS 1. INTRODUCTION, AIMS AND OBJECTIVES 2. MODULE OUTLINE AND TEACHING METHODS 3. READING AND COURSE PREPRATION 4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES 5. ASSESSMENT DETAILS 6. INTRODUCTION 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 relating to business and how to avoid it. Aim: 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. Key Objectives: 1. What are...
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...HIGHER NATIONAL DIPLOMA/CERTIFICATE IN BUSINESS AND MANAGEMENT Module: Law for Business The assignment covers the following learning outcomes: Outcome 1: Discuss the principles of law relating to the formation and discharge of commercial and consumer contracts * Identify the requirements for a valid contract * Explain the difference between an offer and an invitation to treat Outcome 2: Explain the significance of specialist terms contained in a specimen contract * Assess the validity of contractual clauses contained in a specimen contract * Identify the key Statutory provision for the use of exclusion clauses Outcome 3: * Identify the source and content of key Statutory provisions relating to consumer protection * Assess the effectiveness of specific provisions in relevant Acts * Apply relevant Legislation to the case study, and present findings 1. To: Devindra Subject: Contract Information CC: None Greetings, I’m writing to advise you regarding any legaly bindiing contract made from the advertisemnt of the caravan. A Contract is a transaction which two or more people voluntarily enter together for the transfer of wealth, assets or services. It can be written or it can be oral. Furthermore for a contract to be valid there must be an offer for the proposed item. There are two types of offers, a firm offer which is the indication that someone is seriously prepared to contract to someone such as...
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...Subcontracting refers to the process of entering a contractual agreement with an outside person or company to perform a certain amount of work. The out-side person or company in this arrangement is known as a subcontractor, but may also be called a free-lance employee, independent contractor, or vendor. Many small businesses hire subcontractors to assist with a wide variety of functions. For example, a small business might use an outside firm to prepare its payroll, an accountant to help with its record keeping and tax compliance, or a free-lance worker to handle a special project. Subcontracting is probably most prevalent in the construction industry, where builders often subcontract plumbing, electrical work, drywall, painting, and other tasks. (a) "Contracting" or "subcontracting" refers to an arrangement whereby a principal agrees to put out or farm out with a contractor or subcontractor the performance or completion of a specific job, work or service within a definite or predetermined period, regardless of whether such job, work or service is to be performed or completed within or outside the premises of the principal. (b) "Contractor or subcontractor" refers to any person or entity engaged in a legitimate contracting or subcontracting arrangement. (c) "Contractual employee" includes one employed by a contractor or subcontractor to perform or complete a job, work or service pursuant to an arrangement between the latter and a principal. (d) "Principal" refers to any employer...
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...Name Kaplan University PA130: Unit 5 Assignment Date In regards to our client Charles Turner, owner of Handyman, Inc., who has asked our law firm to evaluate the contract between him and Sally Conner, it has been determined that a legally binding contract does not exist because there are specific elements that are missing in said contract. Although there is sufficient offer and acceptance, consideration is a definite issue. According to Mr. Turner, he met with Sally Conner, and her daughter Rebecca, to discuss replacing her roof and providing a home maintenance plan. During the meeting, Rebecca stated that she would like to oversee her mother’s financial matters, but left on an errand five minutes into the meeting, leaving Mr. Turner and Ms. Conner to continue the meeting together. After picking out the desired shingle, Ms. Conner then agreed to let Mr. Turner begin work on the following Sunday. However, when Mr. Turner began work that day at 7:00 a.m., Ms. Conner had been away for the weekend. Upon returning home at 3:30 p.m., Ms. Conner stated that she no longer wished to hire Mr. Turner because she has found a cheaper company. After reviewing the information provided, possible defects in the contract have been made clear. Rebecca asked to oversee her mother’s financial matters with apparent reason. During the meeting, Mr. Turner admitted to seeing several brochures from the American Association of Schizophrenia. Additionally, Ms. Conner asked Mr....
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...The False Claims Act: NetApp and GSA Vernessa L. Minnifield Dr. Canuto Campos LEG 505 Abstract The company, Network Appliance Inc., also known as NetApp, paid the government $128 million to settle allegations it overcharged GSA customers for information technology products. The case alleged that NetApp did not give accurate information about discounts offered to commercial customers. Under federal rules, companies are required to disclose how much commercial customers pay to ensure that GSA can negotiate the lowest price for the government. This paper will provide an ethical analysis of the case, identify contributing factors, and recommend corrective actions for the issues addressed. The False Claims Act The False Claims Act is an important tool for U.S. taxpayers. It is used to recover monies stolen through fraud by government contractors. Under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who knowingly submit, or cause another person to submit, false claims for payment of government funds are liable for three times the government’s damages plus civil penalties of $5,500 to $11,000 per false claim (TAF, 2011). The act imposes liability on any person who (1) submits a claim to the federal government that he or she knows is false, (2) knowingly submits a false record in order to obtain payment from the government, or (3) obtains money from the government to which he or she may not be entitled and then uses false statements in order to retain the money...
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...found the perfect one because he has you envisioning all of the potential your new home holds and has wowed you with everything he says he can do for you, oh and of course all at a great price. You sign the contract, pay the contractor and he gets to work. Before you know it your ceilings, walls, toilets are all gone and to your surprise so is the contractor along with your hard earned money. b. If a contract is signed between a homeowner and contractor then that is a binding agreement that work will be completed as outlined in that contract. If work is not completed as outlined then any money in excess of the completed work should be returned to the homeowner. B. Body 1. Forced work or contractual agreement? a. According to the Better Business Bureau, New York State law requires that home improvement contractors deposit all payments received prior to the completion of the job into an escrow account, to be withdrawn according to the schedule set forth in the contract. b. So my question is where is the money that is left from the incomplete job? Doesn’t keeping this money make the contractor a thief? c. My opponent is going to try to convince you that the homeowners are forcing this contractor to work and that this is slavery under the 13th amendment, this is not true. It is stated in the case of the U.S. V Kozminski, 1988, involuntary servitude is when a...
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