...WELFARE AND HEALTH OF CONTRACT LABOUR Legal issue and the nature of Legal issue Establishments may face legal issues if its employees or labors or people working for their cause are not provided with the welfare and health benefits. The facilities of sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing facilities and first-aid facilities shall be provided by the contractor. If any of the above facilities is not provided by the contractor within the period prescribed the same shall be provided by the principal employer. Legislations involved in the legal issue Contract Labor (Regulation and Abolition) Act includes the details of various welfare and health facilities that should be provided to the labor in the chapter V. In the various sections and subsections, it is clearly defined the facilities like canteen, restroom that should be provided to the labor and also its quality is defined. It says that the facilities should be provided by the contractor and in case the contractor is not able to provide the same due to any reason it should be the duty of principal to provide the same. All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. The parties involved in the legal issue The details of the various parties involved in the...
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...for excellence in terms of quality of care, accountability and relationships between the medical staff and the governing body. The question asked is, are bylaws a contract? To answer this question we must look at three things: What defines a contract, analyze court cases to clarify the issue of contracts, and finally review the pros and cons for physicians and hospitals of medical staff bylaws as a contract. Definition of a Contract: According to Stuart Showalter (2012), there are four elements that define any contract: competent parties, meeting of the minds, consideration, and legal purpose. The competent parties consist of the hospitals, physicians, and medical staff personnel who are employed by the hospitals. Meeting of the minds occurs when hospitals create terms in the contract and the other party reviews and accepts these terms of the agreement. Here both parties must agree on the exact same terms as stated in the contract for a meeting of the minds to occur. Consideration, typically given in the form of money, can simply be an agreement to fulfill the terms under any given circumstance. Lastly, legal purpose or compliance with laws and public policy are essential for all contracts to be enforceable. Medical staff bylaws meet these four essential elements therefore should be considered a legal contract in court. Analysis of Court Cases: In the instance of Lewisburg Community Hospital v. Alfredson (1991), a...
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...1. Justify your position about the importance of the physician-patient and hospital-patient relationships. The relationships of the physician –patient and hospital-patient are both extremely important and equally impact the health of the patient as well as the success of the hospital and physician. The physician-patient relationship is the center of health care due to the fact that one of the main aspects of a patient’s care is his/her discussion with the physician. In the past, patients had to rely solely on the directions and information provided by the physician in order to make important health care decisions. Patients were also limited in their access to health care facilities as well as hospitals. In today’s society this is not the case because most patients have the ability to seek second opinions, research alternate conditions/treatments, as well as rate physician care/hospital services through social media on the internet. A cancer patient in TN may travel to TX to receive treatment from a specific specialist and/or a highly recommended facility. Since the dynamics of the physician-patient and hospital-patient has changed, the relationship has changed but its importance has not. Therefore, it is essential that both the physician and the hospital facility itself have a good rapport with the patient in an effort to continuously build the relationship. A poor relationship between the patient and the hospital and/or physician could compromise the ability of the patient to...
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...COMPANY LAW 266 ASSIGNMENT RUTHRAN SEEVANATHAN 14550036 SEMINAR FRIDAY 1-4PM TUTOR: YVONNE TIEN Company Law266 Assignment (a) What means, if any, are available to ‘Health Plus’, to expel Annabel from the partnership? Introduction to law The area of law addressed in this issue is Partnerships: Partnership agreement, Fidicuary Duties of partners and expulsion from the partnership. Explaination of law Section 7(1) of the Partnership act states that a partnership can be defined as the contractual relationship between two or more persons with a common view for profit. Partnerships don’t always have to be written contracts. They can be deemed as functional partnerships by other means. Informally- Oral Agreement: is where partners agree to start a business in common and proceed to start up a business with a common view of profit by just word of mouth. As shown in the Miah V Khan[2000] UKHL 55; [2001] 1 All ER 20 case. The partnership fell out before operations of the Indian restaurant had began, but even though they had not carried out business together, they were still deemed a partnership because they worked in common and had a common view to profits. Conduct: Partners can be working together and aiding each other in earn profit but not being in a contract together. The partnership act still classifies them as partners .This can be reflected in the Goudberg V Herniman Assoc Pty Ltd [2007]VSCA 12. Williams engaged an artichect to draw up floor plans for the venture and both...
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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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...Contents 1 Introduction 2 2 Describe the nature of general tortuous liability comparing and contrasting to contractual liability (3a) 3 3 Explain the liability applicable to an occupier of premise (3b) 5 4 Explain the liability applicable to the staff and discuss the nature of employer liability with reference to vicarious liability and health and safety implications of his employees (3c) 7 5 Distinguish strict liability from general tortuous liability with reference to Prime Computers (3 d) 10 6 Explain and apply the various elements of the tort of negligence and analyse the practical applications of breach of duty and remoteness in the given situation (4 a, b) 11 7 Conclusion 15 8 Reference 16 Introduction As a legal executive in a firm of solicitors, some clients have approached and seeking advice on several claims and legal disputes, which have recently arisen to them. I am required to write a report for the following contents: 1. General tortuous liability in comparison to contractual liability. 2. Vicarious liability and health and safety issues. 3. Strict liability in comparison with general tortuous liability. 4. The various elements of the tort of negligence. Describe the nature of general tortuous liability comparing and contrasting to contractual liability (3a) A tort is a legal wrong, and the principle is the law gives various rights to person, such as right of a person in...
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...CAPACITY TO MAKE CONTRACTS The capacity of certain persons to conclude contracts is restricted by law. The law recognizes that certain people are either wholly or partly incapable to make a contract. The aim of this assignment is to explain and consider the critical legal matters the individuals and organisations have to consider when entering into a contract with these people. Contracts are part of everyday life and every business will need to make a contract and most businesses will have to make very many. Therefore it is necessary for an organisation as well as for individuals to understand that a contract is a legally binding agreement. In order for a contract to be legally enforceable the law demands agreement, consideration and intention to create legal relations (Maclntyre, 2008). It is generally believed that every person can make a binding contract as they wish (Maclntyre, 2008). But because the contract is a legally binding agreement, the law recognises some specific groups who either have not reached the maturity or do not have the capacity to fully understand the nature and extend of agreements that they make with others. Therefore it is important for every organisation and individual to understand that a number of persons have a restricted capacity to contract. These are minors, persons of unsound mind, drunks and corporations (Owens, 2001). All others can make a binding contract as they please. Beale, Bishop and Furmston (2008) argue that the law of minors`...
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...importance of key elements required for the formation of a valid contract. Business Agreement Business Agreement is the mutual understanding or assent of two or more than two legally competent parties. It is done or agreed upon on the relative duties and rights regarding current or future performance. An agreement typicallydocumentsthe give-and-take of anegotiated settlementand a contract specifies the minimum acceptablestandardofperformance. Types of Business Agreement There are various types of business agreements depending upon the nature, type and operations / activities of the business. These types can be categorized into following categories based on the above stated criteria. * General Business Agreements * Business Employment Agreements * Leases * Sales Agreements The General Business agreements contain Franchise Agreement, agreement with different agencies for advertising, insurance agreements, agreement on not taking legal actions, Settlement Agreement, Stock Purchase Agreement, business partnership agreement, privatization agreement etc. The different types of Business Employment Agreement are Employment Agreement, Consultancy agreement, Sales Representative Agreement, Employment Separation Agreement, Reciprocal Nondisclosure Agreement etc. Leases are of different kinds like Real Property Lease, Equipment Lease etc, and same is the case with Sales agreements, it also have different types of contracts and agreements like Bill of Sale, Agreement for the Sale of...
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...Business Ethics Loren Vranich, a doctor practicing under the corporate name Family Health Care, P.C., entered into a written employment contract to hire Dennis Winkel. The contract provided for an annual salary, insurance benefits, and other employment benefits. Another doctor, Dr. Quan, also practiced with Dr. Vranich. About nine months later, when Dr. Quan left the practice, Vranich and Winkel entered into an oral modification of their written contract whereby Winkel was to receive a higher salary and a profit-sharing bonus. During the next year, Winkel received the increased salary. However, a disagreement arose, and Winkel sued to recover the profit-sharing bonus. Under Montana law, a written contract can be altered only in writing or by an executed oral agreement. Dr. Vranich argued that the contract could not be enforced because it was not in writing. Does Winkel receive the profit-sharing bonus? Did Dr. Vranich act ethically in raising the defense that the contract was not in writing? Winkel v. Family Health Care, P.C., 205 Mont. 40, 668 P.2d 208, Web 1983 Mont. Lexis 785 (Supreme Court of Montana) (Cheeseman 2010, p. 158) Cheeseman, H. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. Upper Saddle River: Pearson Prentice Hall. Issue Under Montana law, a written contract can be modified only in writing or if an oral agreement had been executed. Was...
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...GMFC IMPASSE CASE STUDY GMFC Impasse Case Study Lawrence Britten Excelsior College GMFC Impasse Case Study GMFC and Local 384 have been unsuccessful in negotiations and the current contract has just expired. This impasse has caused the first lapse of contract between the organization and the union in fifteen years. It is imperative to both the health of the company and to the job security of the employees to resolve these negotiations quickly. In order to move forward we must fully understand and evaluate the positions of both Local 384, and GMFC. What are the major barriers stopping us from reaching an agreement and what are the underlying issues to these barriers? We must fully evaluate the issues in order to produce an alternative offer that will satisfy both us and the union. Failure to reach an agreement will result in a possible strike which in turn will result in a decrease or all out halt in production and the inability to fill customer orders. Local 384 is seeking a 10 cent pay raise across the board for all union members. According to our financial department a 10 cent pay raise is not feasible for the health of the company. Our financial department has also informed us that a pay raise of 5 cents across the board would be acceptable dependent on the fact that a contract would not result in an increase in wages beyond that threshold. Medical coverage costs incurred by our organizations are becoming over bearing and we are hoping to find a way to supplement...
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...case, Family Health Care (FHC) and Dennis Winkel had a written employment contact. A modified verbal contract was entered into which included a higher salary for Winkel as well as profit-sharing bonus. FHC delivered on increase in salary but failed to execute on the profit sharing. The issue is whether the verbal contract is sufficient to override the written contract between the two parties. Montana law states a written contract can be altered only in writing or by an executed oral agreement. FHC did not execute on the profit-sharing and therefore may not be liable to pay. FHC upheld the modified oral agreement when it paid the higher salary. Executing part of the verbal contract could infer acknowledgment of the modified written contract to pay the profit-sharing. Vranich defense was that there contract could not be enforced because it was not in writing. Presenting this defense seems unethical only if there was actually a verbal amendment to the written contract. Otherwise, there may be no ethics issue at all. In my opinion, Winkel should receive the profit-sharing bonus. Dr. Vranich enforced the oral agreement when the higher salary was paid and was not ethical in the decision to not honor the profit-sharing agreement. According to the case file, the jury agreed and awarded Winkel the profit-sharing. After reading the case online, there were many issues at play regarding this written, verbal contract. The best solution would have been for the contract to be properly...
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...Given name Surname Student number Email Unit name Unit code Assignment title Date submitted Student’s comment to tutor Shin Huey Tan 7E1A8643/ 15582218 7e1a8643@student.curtin.edu.my Company Law 266 10841 Seminar Essay 23 March 2012 Marker’s comments Recorded mark Marker Comments Step 1: Identify the Areas of Law The areas of law applicable to this problem are relationship between partners which particularly based on partner expulsion and liability to third parties or outsiders. Step 2: Discuss the Principles of Law Under Section 7(1) of Partnership Act 1895 WA, partnership refers to a structure where two or more persons in a business are acting in common with a view of profit. Partnerships can be formed formally by written agreement which contains the rights and obligations of the partners and facilitates the resolution of disputes within a partnership. However, if the agreement is deficient, Partnership Act will be referred for resolutions. Partnership can also be formed by oral agreement or implied by the conduct of the parties (Harris, Hargovan and Adams, 101-103). Partners in a partnership are in a fiduciary relationship which partners have the duty to act in good faith, including avoid conflicts of interests, not make private profits, not compete with the firm and not disclose confidential information. The rules related to interests, rights and duties of partners will be provided in the written or oral agreement. (Harris, Hargovan and Adams, 131). Nevertheless...
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...Acquisition Planning 2 Compare and contrast how the listed agencies, such as the Departments of Health and Human Services (HHS), Homeland Security (DHS), and the National Aeronautics and Space Administration (NASA), have carried out acquisition planning. HHS, DHS and NASA are required to have written acquisition plans which must be close to what the elements in the FAR states. DHS and NASA also have the cost estimates and requirements documents when preparing the acquisition plan along with the consideration if lessons learned. HHS, DHS and NASA have different dollar thresholds when written acquisition plans are required. HHS written acquisition plan threshold was $500,000 and above as DHS was $10,000 and above and NASA was $10 million and above the written acquisition plan. A written acquisition plan helps to ensure thorough planning, which DHS and NASA prepared the written plan even though they were not required to. NASA and HHS require different written acquisition plans for contracts. NASA contracts valued at $10 million and above is necessary for a written acquisition plan because it improves documentation and helps with the training of staff that does not have that much experience. HHS contract valued at $500,000 and above requires a written acquisition plan because it gives the procurement office a better look at the overall acquisition planning. Compare and contrast how these same three (3) agencies have established policies that set different...
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...LAW 531 Final Exam - IF You Want To Purchase A+ Work Then Click The Link Below , Instant Download http://acehomework.com/LAW-531-Final-Exam-A-Exam-76543567.htm If You Face Any Problem E- Mail Us At JohnMate1122@gmail.com 1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true? Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain names are granted only after ensuring that they do not infringe on a valid existing trademark. A plaintiff must show that the defendant acted in bad faith in order to recover. Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name. 2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring: That mergers be allowed if United States competitiveness in world markets is improved. That failing companies are rescued through mergers whenever possible. That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms. That certain activities are classified as per se violations. 3 The landlord has the right to enter the leased premises: To make necessary repairs Only if specifically provided in the lease To inspect for waste To inspect for illegal use 4 Which for of real property ownership includes the greatest degree of ownership? Fee simple defeasible Fee simple limitless Absolute life estate Fee simple absolute 5 A doctrine...
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...Acquisition Planning James H. Vricos, Professor LEG505 – Government Contract Law November 19, 2012 * Assignment 3: Acquisition Planning Due Week 6 and worth 200 points Civilian agencies obligated over $135 billion in fiscal year 2010 for services--80 percent of total civilian spending on contracts. Services acquisitions have suffered from inadequate planning, which puts budget, schedule, and quality at risk. For this assignment, review GAO Report titled, “Acquisition Planning: Opportunities to Build Strong Foundations for Better Services Contracts,” GAO-11-672, August 9, 2011, located at http://www.gao.gov/new.items/d11672.pdf. Write a four to five (4-5) page paper in which you: 1.Compare and contrast how the listed agencies, such as the Departments of Health and Human Services (HHS), Homeland Security (DHS), and the National Aeronautics and Space Administration (NASA), have carried out acquisition planning. The Departments of Health and Human Services (HHS), Homeland Security (DHS) and the National Aeronautics and Space Administration (NASA) have set requirements for acquisition planning to balance any oversights with time and administrative burden. These agencies require written acquisition plans that are closely aligned with the elements defined by the Federal Acquisitions Regulations (FAR). The establish guidelines state that cost estimates...
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