...Table of Contents Question 1(a) 1 Question 1 (b) (i) 2 Question 1 (b) (ii) 3 Question 3(a) 5 Question 3(b) 6 Question 3(c) 7 Question 4(a) 8 Question 4(b) 10 References 11 Question 1(a) The issues arise in the above situation is whether Ahmad have any contract made with Suria Supermarket. The law consist in the above situation is Invitation to treat (ITT). As you known, invitation to treat does not mean amount to an offer. Section 2(a) of the Contract Act 1950 defined as something which is capable of being converted into an agreement by its acceptance. There is a different between Invitations to treat with an offer. A proposal must be distinguished from an invitation to treat (ITT) so that the proposal can be the only way to attract any party to enter the contract. Examples of Invitation to treat which is Good displayed in shop windows and shelves, Advertisement, Auctions, Catalogues and Price lists. Based on the above situation, the law of Invitation to treat of display of goods is exist which it is not a proposal to sell and invitation not capable of being accepted, In shop , owner merely holds himself prepared to consider proposals made to him at the suggested price, so an offer to buy is made when the customer puts the goods in a trolley or takes the item off the shelf, but the contract only made when the person bring the item to the cashier’s desk and pay for the item. Section 2 (a) of the Contract Act 1950 provides that when one person signifies...
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...Agreement: Mediation and Arbitration Agreement Dear [Name of ABC Company Employee]: Although ABC Company hopes that employment disputes with its employees will not occur, ABC believes that when these disputes do arise, it is in the mutual interest of all concerned to handle them promptly and with a minimum of disturbance to the operations of ABC's businesses and the lives of its employees. Accordingly, to provide for more expeditious resolution of certain employment-related disputes that may arise between ABC Company and its employees, ABC has instituted a mandatory mediation and arbitration procedure (the ABC Mediation and Arbitration Procedure or the Procedure) for all employees [indicate eligibility restriction, if any]. Under the Procedure, certain disputes that may arise from your employment with ABC or the termination of your employment must (after appropriate attempts to resolve your dispute internally through ABC management channels) be submitted for resolution by non-binding mediation and, if necessary, mandatory arbitration. In agreeing to submit certain employment disputes for resolution by private mediation and (if necessary) arbitration, you acknowledge that this Agreement is given in exchange for rights to which you are not otherwise entitled--namely, your employment as an ABC Company employee and the more expeditious resolution of employment disputes. In exchange for your agreement to submit these disputes to mediation and (if necessary) binding arbitration...
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...In business transactions, there are certain terms and agreements that have to be followed. However, there are instances wherein clients fail to meet these agreements. As a consequence, certain sanctions have to be implemented so as to remedy the problem. Having knowledge on how to properly cancel or suspend a customer’s credit account is very important. First, you have to be courteous when you are canceling your client’s credit account. Make sure that you have explained well to them the reason why you are suspending their account. Do not make them feel as if they are being humiliated or hated. Always offer them other possible options regarding their credit accounts. Below is an example letter on how to cancel or suspend a customer’s credit account. This sample letter can be of great help to you when you will have to cancel or withdraw a customer’s credit account. SAMPLE LETTER TO CANCELL CREDIT ACCOUNT Date Sender’s Address Address Customers name Customer Address Dear (Insert name of addressee), This letter is to inform you that your credit account, #134232424, has been temporarily disabled due to delay in payments. We have reviewed your account and found out that you’ve been consistently late in paying your bills for the last four months. According to our policy, any client who cannot follow the terms shall be subject to deactivated accounts. We have been trying to call you for two weeks now but we haven’t received any response from you. The company is assuming that...
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...CHAPTER TWO REVIEW OF RELATED LITERATURE Concepts, Opinions, Ideas From Authors/ Experts Investment Investment is time, energy, or matter spent in the hope of future benefits actualized within a specified date or time frame. Investment has different meanings in economics and finance. In economics, investment is the accumulation of newly produced physical entities, such as factories, machinery, houses, and goods inventories. The word "investment" has become muddled with overuse. Referring to a stock or a bond as an investment is still in regular use, but now people make "investments" in their education, their cars and even their flat screen TVs. In this article, we will look at the three basic types of investment as well as some of the things that are definitely not investments - no matter what the commercial says (en.wikipedia.org). In simple terms, Investment refers to purchase of financial assets. While Investment Goods are those goods, which are used for further production. Investment implies the production of new capital goods, plants and equipments. Refers investment as real investment and not financial investment (John Keynes). Investment is a conscious act of an individual or any entity that involves deployment of money (cash) in securities or assets issued by any financial institution with a view to obtain the target returns over a specified period of time. Types of investment There are three types of investment: 1. Ownership investment 2. Lending investment...
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...Consensual Relationship Agreement Despite their imperfections, love contracts can help protect employers from exposure to employment discrimination lawsuits, including the ever-growing flood of retaliation claims, which rose to the No. 2 charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) in 2007. Problems with love contracts can be minimized if they include: • A reference to or recitation of the company’s sexual harassment policy and an acknowledgment that the employees are familiar with the policy. • An affirmation that the relationship is consensual and freely entered into, and that each employee agrees to waive the right to assert a claim for sexual harassment for any conduct by the other prior to the signing of the contract. • A statement that the employees will not seek or accept a position where one reports to the other. • An agreement, if one of the employees already supervises the other, that the supervisor will be removed from any decision-making authority over the subordinate. • An agreement that any dispute arising from the relationship or the contract will be resolved through mediation, an intra-company dispute resolution procedure or arbitration. • A recommendation that employees consult an attorney before signing the contract. • An admonition that dating employees are expected to follow certain guidelines, such as professional behavior at work and refraining from displays of affection at work. • A confirmation that each employee...
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...You Decide Template Name Victoria Berahmandpour Date 01/23/13 Scenario Summary: Karen works as a consultant at local utility. She was started five years ago for a project. Her job was to develop training materials for an upcoming session on diversity. Her manager, Cynthia, was happy with her work and asks for more projects. Karen was based on salary of $10,000 per month. She has received a 1099 for her wages for last five years. Because she was contractor, she didn’t receive any benefits. After Karen’s husband passed away, she did request for benefits, which was refused because she had contract with the utility. However, she was doing work like other regular employees in human resource department. Karen has had other limited clients over the years. She had one client for an approximately 40-hour project two years ago, and she currently has another client that keeps her on a retainer basis. Your Role/Assignment: Your role is to decide if Karen is an independent contractor or an employee and discuss some of the preventative and ethical situations that are occurring in this case. Questions: 1. Do you feel that Karen is an independent contractor or an employee? What is your rationale for this decision? I think that Karen should be considered an employee of the company. She has been working for the Utility Company for five years and she has been received salary. She was started as a contractor to develop training material for upcoming session...
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...Employment Law Laura Wilson HSA 530 Healthcare Human Resources Management Dr. Queensberry May 5, 2013 1. Abstract In this paper I will explore which laws needs to be closely monitored in my organization and state why, also I will develop a sample job description for the actual role you perform or desire to have and demonstrate how I would protect my company from claims that what employees are asked to do once hired were not a part of the job description, next I will discuss steps you should take to protect your organization from possible litigation when hiring a new employee and last I will discuss steps I should take to protect my organization from possible litigation when terminating that same employee. 2. Determine which laws need to be most closely monitored in your organization and state why. Employee Benefits: * Human resources employment laws pertaining to employee benefits include the Consolidated Omnibus Budget Reconciliation Act and the Health Insurance Portability and Accountability Act, called COBRA and HIPAA, respectively. Where applicable, COBRA permits employees to continue their health insurance benefits after termination or another qualifying event. A qualifying event may range from divorce or legal separation to an employee's reduction in hours, which renders him ineligible for benefits through the employer's group health plan. HIPAA mandates strict confidentiality provisions for employees' medical information. Human resources...
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...Chapter 9 – Contract Formation Practical Internet Exercise 9-1: Legal Perspective—Contract Terms Instructions: Contract terms and conditions are a vital part of a contract because they detail the who, what, when, where, and how of an agreement between the parties involved. Since most contract disputes center on the terms and whether the parties voluntarily agreed to those terms, making sure you clearly state these details will save time and money in future business dealings. CyberText Consulting, technical writing and online documentation specialists, provides a sample contract on their Web site. Anyone interested in working for the company will need to agree to the contract terms and conditions outlined there. Read through the sample contract and then answer Questions 1–4. Visit URL: Contract Sample http://www.cybertext.com.au/contract_sample.pdf Questions and Answers Answer the following questions in the fields below. Question 1: Why do you think this contract spends so much space defining the certain subjects, such as “cybertext”, “technical writer”, and “third party”? Question 2: What obligations did the contract impose on each party? Question 3: Based on your knowledge of contract law, does this agreement meet all of the requirements for a valid contract? Why or why not? Question 4: Under what conditions might the employer terminate the contract with the independent contractors. Generally, do the terms of the contract seem fair? Practical...
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...All employees are required to complete the mandatory trainings in the Compliance Training Curriculum within thirty days of employment and annually on an ongoing basis. Employees are required to take an assessment upon completion of each course and achieve a score of 80% or higher to satisfy their training requirements. Training attendance and Assessment scores are tracked and retained by the Corporate Training Department and reported to Executive Management. The Compliance Training Curriculum includes product specific trainings for Loan Consultants and Underwriters. Production employees attend compliance training specific to their origination channel, and additional training is provided with new products, guidelines, or changes to regulations. All personnel are responsible for reporting suspicious or illegal activities and receive periodic training consistent with their responsibilities. New hire employees must receive AML training within four weeks of commencing employment with Caliber Home Loans, Inc. The BSA/AML Compliance Officer, in conjunction with Human Resources and Corporate Training, will determine if certain employees must receive specialized training, including persons involved in due diligence and in higher risk areas of the company. Appropriate training is provided to the...
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...PRACTICAL COMPONENTS FOR INDUSTRIAL TECHNOLOGY AND INDUSTRIAL ARTS THE PRACTICAL COMPONENT 1. The laboratory exercises and practical projects in Building Technology, Electrical and Electronic Technology and Mechanical Engineering Technology are marked by a visiting examiner (Moderator) appointed by the Council. No Moderator is permitted to mark the work of students he has prepared for the examinations. The Moderator will visit each school twice during the final year. On the first visit he/she will assess the process of constructing the practical project/laboratory exercise of EACH student or group of students. On the final visit he/she will reassess the completed project work (product) of a sample of FIVE students already marked by the teacher. Note: • The Moderator selects the sample based on the total SBA scores awarded by the teacher. To facilitate this, the teacher must make a copy of his/her assessment on the Candidate’s Record Sheet available to the Moderator. The Moderator has the option of requesting additional assignments for reassessment, if needed. 2. 3 • If the number of students scheduled for the laboratory session is larger than can be accommodated at one session, the Assessor may divide them into two or more groups. In such circumstances the second group will take the session as soon as possible after the first group is finished. Individual schools are responsible for providing and preparing materials for the laboratory exercises...
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...contracts……………………………………………………………………....8 Duty of care in the tort of negligence & Difference between liability in tort and contractual liability…….8 Explain the nature of liability in negligence……………………………………………………………………………………………9 The concept and elements of vicarious liability in business…………………………………………………………………..10 Apply the elements of the tort of negligence in business situations……………………………………………………..12 Apply the elements of vicarious liability in given business situations……………………………………………………12 Reference…………………………………………………………………………………………………………………………………………….13 Introduction The purpose of this report is to identify the aspects of Contract and Negligence for Business. Now days, the business environment is full of agreements between businesses and individuals. While oral agreements can be used, most businesses use formal written contracts when engaging in operations. Written contracts provide individuals and businesses with a legal document stating the expectations of both parties and how negative situations will be resolved. Contracts also are legally enforceable in a court of law. Contracts often represent a tool that companies use to safeguard their resources. On other hand,...
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...describing it as an exchange relationship that is established orally or in written form that is made between two or more individuals, contains at least one promise, and is recognized as a legally binding agreement (Blum, 2011). The focus of this written assignment examines the elements that must exist for a contract agreement to be considered enforceable by law. The assignment will examine the following contractual elements including: (a) offers, (b) acceptance, (c) legal consideration, (d) capacity, and (e) legality of purpose. In addition, the assignment will identify the components that govern the parameters of common law and the Uniform Commercial Code (UCC). For the purpose of this study, a fictitious scenario (myself) has been hired and offered a two year contract as the head chef of the Fabulous Hotel Company. As a sample to illustrate contractual issues that individuals may encounter, the agreement contains a non-compete clause that will serve to provide a closer analysis of specific contractual obligations and restrictions. The findings of this assignment will conclude that the courts are not able to successfully arbitrate disputes without an essential contractual agreement to define the terms that make it enforceable by law. The Anatomy of Contracts Without agreements spelled out in contracts, the courts are unable to adjudicate promises between individuals. In today’s business environment, many professionals find themselves dealing with contractual issues in one way...
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...Case Study 1: Management of Corporations Legal Issues According to (Harvey v.Facey, 1983), there was no intention disclosed in the offer, therefor, Greg’s acceptance was not legally binding. Upon a sample contract with Innovative Designs, it states numerous times throughout the contract that a person shall not work in similar services as he works in the organization to earn profit for his own (Sec.gov, n.d.). Furthermore, one shall not do similar work for up to three months after termination of employment. (Sec.gov, n.d.). To this end, Greg is in violation of his employment agreement with Innovative Designs. Certainly Innovative Designs would be within their rights to any action against Gregg if he was to follow through with the agreement Tabitha. Ethical Issues According to Webster’s Dictionary Ethics deal with the discipline dealing with what is good and bad and with moral duty and obligation. Undoubtedly, Greg was obligated to Innovated design an obligation to remain loyal while under their employment. Therefore, Gregg’s decision to accept the offer on his own was unethical behavior on his part. Granted that Tabitha’s offer was made directly to Gregg unambiguously, Gregg still had the responsibility to bring the offer to Innovative design on Tabitha’s behalf. Case Study 2: Warranties...
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...Mitchell, Lee, & Eberly, 2008). Successful organizations have become increasingly dependent on their quality this maybe bias calling them quality employees employees’ ability to adapt to market changes; the same market changes that may cause job dissatisfaction among employees and increase voluntary turnover rates of key employees (Chen, Ployhart, Thomas, Anderson, & Bliese, 2011). Applied Research Associates has an excellent record in recruiting high quality employees, but in the past 12 months there has been an increase in the employee voluntary turnover rate. While the organization controls the involuntary turnover rate with termination of employment for cause and layoffs driven by changes in organizational goals and objectives, ARA is concerned with the rise in the number of employees choosing to “self-terminate” their employment. Applied Research...
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...Acceptable Use Policy This written agreement outlining the terms and conditions of Internet usage, including rules of online behavior and access privileges. Because of the possible misuse of companies -wide computer networks and the Internet by employees having access privileges, Richman Investments are particularly concerned about having a well-developed AUP in place, which is then signed by the all employees and members of Management. Software Access Procedure Software needed, in addition to the Microsoft Office suite of products, must be authorized by your supervisor and downloaded by the IT department. If you need access to software, not currently on the Company network, talk with your supervisor and consult with the IT department. Internet Usage Internet use, on Company time, is authorized to conduct Company business only. Internet use brings the possibility of breaches to the security of confidential Company information. Internet use also creates the possibility of contamination to our system via viruses or spyware. Spyware allows unauthorized people, outside the Company, potential access to Company passwords and other confidential information. Removing such programs from the Company network requires IT staff to invest time and attention that is better devoted to progress. For this reason, and to assure the use of work time appropriately for work, we ask staff members to limit Internet use. Additionally, under no circumstances may Company computers or other electronic...
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