...CONTENTS 1) INTRODUCTION Page - 1 2) PERFORMANCE OF CONTRACTS Page - 2 to 5 3) CONCLUSION Page - 6 4) BIBLIOGRAPHY Page - 7 INTRODUCTION IMPORTANCE OF CONTRACT LAW: Contract law lays down general principles of contract. It is like a limit or boundary within which parties can agree upon something. It lays down the circumstances in which it will be legally obligatory to perform a promise and provides remedies for breach. Our society depends upon free exchange in the marketplace at every stage. The interactions in the market all the times depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements can never become binding without a legal contract. It affects all of us since everyone enters into some kind of contract everyday without being actually aware of it. For example, eating out in a restaurant, travelling in a bus, taking property on lease, buying movie tickets, buying a house, etc all are contracts whether expressed or implied. EVOLUTION OF CONTRACT LAW: The origin of the contract law can be traced from the development of common law and it is also alleged to be an offspring of tort law, as both contracts and torts give rise to obligations. The difference between them lies in the fact that the tort obligations are imposed by law; on the other hand contracts are a medium through which people willingly create commitment between themselves. Contract law is based on a number of Latin legal principles...
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...employer or employee at any time and for any or no reason. This paper will discuss the liability of an employer based on actions and responses to the employee's behavior and actions in term of employee evaluation and performance, labor, policies and laws governing the relationship between an employee and his/ her employer. Introduction Jennifer, A recent graduate, has recently been hired by the accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need the management attention. Employee Evaluation The employee doesn’t perform up to the standard. Most performance problems can be resolved through effective communication between supervisors and their employees. A counseling session is an opportunity to clarify expectations and discuss performance problems. This step will provide advice on preparing for and conducting counseling sessions. In Employee’s work poor performance status, the manager should choose to performance manage employees, rather than applying disciplinary proceedings at the start. Managing poor performance • Meet with employee and clearly state the problem • Identify root cause of the problem and consider mitigating factors • Give specific examples and seek employee's agreement for improvement • Confirm what is expected and agree specific actions. Confirm in writing • Agree a timescale for the improvement to be achieved • Arrange training where appropriate • Schedule...
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...Shackelford III HRM552 October 30, 2012 Simon Shackelford III Introduction This document will reveal various approaches management within law enforcement has taken in order to resolve common concerns within the workforce. These examples incorporate Employee Assistance Program, Organizational Reward System, Wrongful Discharge, and Performance Improvement Plan. Within the examples, the information will be made known is the quandary, the steps taken in the approach, and how the approach will be most successful. Employee Assistance Program Approach The issue is the employee needs support with his/her medical invoices after having cancer treatment and being hospitalized for two months. The approach to this problem will be through the Employee Assistance Program (EAP). An Employee Assistance Plan is an employee benefit that covers all or part of the cost for employees to receive counseling, referrals, and advice in dealing with stressful issues in their lives. These may include substance abuse, bereavement, marital problems, weight issues, or general wellness issues (Reh, 2012). This approach will assist law enforcement employees and their relatives with life challenges before the concerns affect their home life as well as their work performance. In order for the employees to receive assistance, he or she will need to inform the organization that assistance is needed. Once upper management and Risk Management are notified and...
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...Intro to law Chapter 1 Business law is divided into: - Tort law – injury - Contract law - Business (sole, partner, corporation) - Real estate - Intellectual - Environmental 3 functions of the law 1. Settling disputes 2. Establishment of rules 3. Protection Sources of law - Case law – from recorded judgement – precedent - Statues – passed by government - Statue law – judicial understanding and application Stare decisis: to let a decision stand 1. From the judges own 2. From a court of equal rank 3. From a court of higher rank Equity - Rules originally based on decisions of the king Charter of rights - Notwithstanding clause o Permits the government to pass a legislation that conflicts or overrides charter - Right to due process o Informed of rights o Right to a lawyer Classification of laws - Substantive law o Law that sets out rights and duties o Individual right enforceable at law - Procedural o Procedures taken to enforce the law - Public o Relates to the relationship between governments and persons - Private law o Relates to relationships between individuals Chapter 2 Jurisdiction 1. Court of original jurisdiction 2. Court of appeal Criminal court procedure 1. Plaintiff – party bringing the action 2. Defendant – party defending an action 3. Discovery a. Examination and questions Class action - Group of individual represented by one attorney in a suit Chapter 3 Administrative law - Includes laws, rules, decisions...
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...CIVIL LAW REVIEWER TABLE of CONTENTS OBLIGATIONS Table of Contents Chapter II. Nature and Effect of Obligations93 I. Kinds of Prestations ............................93 II. Breach of Obligation............................94 III. Fortuitous Event (Force Majeure) .......96 IV. Remedies to Creditors ........................96 V. Usurious Transactions and Rules on Interest .........................................................97 Chapter III. Different Kinds of Obligations ..98 I. Pure and Conditional Obligations .......98 II. Reciprocal Obligations ......................100 III. Obligations with a Period ..................100 IV. Alternative and Facultative Obligations 101 V. Joint and Solidary Obligations ..........103 Effects of Prejudicial and Beneficial Acts (Art.1212) ...................................................105 VI. Divisible and Indivisible Obligations..106 VII. Oblligations with a Penal Clause ..106 Chapter IV. Extinguishment of Obligations .......................................................................107 I. Payment or Performance ..................107 II. Loss or Impossibility..........................109 III. Condonation or Remission of the Debt 109 IV. Confusion or Merger of Rights ..........110 V. Compensation ...................................110 VI. Novation ............................................111 Charts: Payment & Performance ................114 90 OBLIGATIONS Chapter I. General Provisions...
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...the Legal Aspects of Performance Management Ben France The importance of understanding the legal issues involved in performance management and the performance appraisal process have grown in the past few years as a result of the globalization of the world’s economy, and as a result of companies and organizations trying to become more productive at a lower cost. Most cases over the last few years have focused on the performance management process, and its ability to withstand legal scrutiny. Organization’s performance management systems are viewed as a test by the court system, and as they are used to make staffing decisions, merit decisions, and separation decisions, the systems themselves must be designed to minimize the chances of discrimination. In the present paper, the elements of the performance management system are examined as a foundation to help recognize the aspects of the process that are subject to litigations, and to help reduce problems that could result in legal disputes. In the Manager’s Guide to HR (Muller, 2009), the legal issues involved in the performance management process can be minimized by the proper planning, design, understanding, and actions involved in a well-designed process. “Proper preparation and structuring of a performance evaluation can transform it from a confrontation into a worthwhile collaboration between you, the employer, and the employee.” (Muller, 2009) The starting point of a legally sound performance management system...
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...personal injury. II. Whether Carol can maintain an cause of action for negligence or any other intentional tort, due to her contention that that offensive smoke have migrated from a neighbor's property onto the plaintiff's property or is the plaintiff limited to remedies under trespass and nuisance? Rule(s) of Law 1. Trespass Land: Defined: The Restatement (2nd) of Torts, section 329, states: A trespasser is a person who enters or remains upon land in the possession of another without a privilege to do so created by the possessor's consent or otherwise The traditional common law rule,-the dimensional test, provides that a trespass only exists where the invasion of land occurs through a physical, tangible object. See Adams v. Cleveland-Cliffs Iron Co., 237 Mich. App. 51, 602 N.W.2d 215, 219 (Mich. Ct. App. 1999). Under that rule, intangible matter or energy, such as smoke, noise, light, and vibration, are insufficient to constitute a trespass. Id.; Larry D. Scheafer, Annotation, Recovery in Trespass for Injury to Land Caused by Airborne Pollutants, 2 A.L.R. 4th 1054. 2. [23] Nuisance Defined: Restatement §822 defines a private nuisance as a substantial non-trespassory invasion of another’s interest in the private use and enjoyment of land and is either intentional and unreasonable or unintentional and the result of negligence, reckless conduct, or ultrahazardous behavior. Rule of Law: Where the intrusion consist of intangible things such as dust...
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...Employee-At-Will-Doctrine Jennifer Carter Professor Wendy White LEG500 – Law, Ethics, and Corporate Governance October 28, 2012 Abstract This paper will discuss issues relating to the Employment-At-Will Doctrine and the employer’s liability based on actions and responses to the employee’s behavior and actions. It will discuss the steps that are needed to be taken if the skills, competence and abilities of an employee to be productive and efficient in completing the required task of employment are not met. In the absence of contracts or agreements that indicate otherwise, either employees or employers may terminate employment without advanced notice or cause under the Employment At Will Doctrine. In terminating employment, employees and employers aren't allowed to breach employment contracts or agreements, or violate laws, regulations, constitutional provisions or public policy. To avoid legal liability, an employer should know and consider the exceptions of the Employment-At-Will Doctrine before terminating an employment. Employment-At-Will-Doctrine Describe steps that you would take that address the following scenario involving skills, competence, and abilities. Scenario: Jennifer seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently tells her boss that she is a good worker and a genius. She also tells her boss that she is not appreciated. However, after a few months of training and support...
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...Conditions: As a leader faced with a situation which requires you to make an ethical decision. Standards: Resolved the situation ethically by appropriately applying the Ethical Decision Making Method IAW FM 22-100. Training and Evaluation Guide Performance Steps: 1. Clearly define the ethical problem. 2. Employ applicable laws and regulations. 3. Reflect on the ethical values and their ramifications. 4. Consider other applicable moral principles. 5. Commit to and implement the best ethical solution. 6. Assess results and modify plan as required. Performance Evaluation Guide Evaluation...
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...Name of University Date Action 1: According to the U.S. Equal Employment Opportunity Commission, employers are prohibited from inquiring about whether an employee has a disability or not (Disability Discrimination). Therefore, would review the employee’s personnel records to identify whether or not she openly disclosed having a disability. As Jennifer’s direct supervisor, it is imperative that due diligence is conducted to ensure that said employee does not have any form of disability that hinder her abilities to perform the job requirements. Additionally, it is important to ensure steps taken to correct inefficiencies are in accordance with Federal and State employment laws and regulations. Moreover, it is important to review employment laws prior to developing a corrective action plan. This will ensure that the process and procedures taken will be within the confines of the law. If the employee disclosed having a disability, then measures will be taken to ensure more time is given for said employee to develop the knowledge, skills, and attributes required to perform assigned duties. The stance on this scenario rules out the possibility of said employee having a disability and will address the steps required to correct inefficiencies with said employee’s performance. According to the scenario, several issues must be addressed in order to improve the employee’s inefficiencies. First step required would be to develop a performance evaluation checklist for all employees...
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...of establishing a formal institution such as trial courts or courts of justice, to address conflict resolution is indispensible. The establishment of this formal institutions is based on the social contract theory wherein the government is duty bound to maintain order in a community and to protect and enforce the fundamental rights of its inhabitants in exchange for the surrender of some rights of the latter. All these, follow the course of administration of justice. Administration of Justice examines the structure, function, laws, procedures, and decision-making processes of agencies that deal with crime management. Courts of justice plays a very important role in the administration of justice. Almost all countries experience problems in the administration of justice. The degree of seriousness of these problems varies depending on several factors. The most common among these problems is the increasing number of court dockets and flaws in the laws being interpreted and implemented. In the Philippines, Courts, in the administration of justice, follows a hierarchy of courts. There are four (4) levels of courts in the Philippines, wherein it is the Supreme Court that is at the apex of this four-tiered hierarchy. At the lowest level of the hierarchy are the first-level courts, consisting of the Municipal Trial Courts (MTCs), Metropolitan Trial Courts (MeTCs), and Municipal Circuit Trial Courts (MCTCs). These are basically called trial courts. These Trial Courts are the...
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...Contract Law (Mutuality of Consideration) November 7, 20013 SUMMARY OF FACTS Bernie is selling his 2006 Ford Fusion. Vivian makes an offer to buy Bernie’s car for $12,000. Bernie and Vivian meet and agree on the selling price of $12,500. Vivian needs more time to come up the money for the car. Bernie agrees to give Vivian time to come up with the money to purchase his car. Bernie requires Vivian to put down a $1,000 deposit and pay the full balance by March 31st. Bernie drafts up an agreement; and in the agreement and it is stated that if the buyer breaches the agreement, the seller may keep the buyer’s deposit, but the shall be limited to this remedy and only this remedy. Likewise, is the seller breaches the agreement, the seller must refund the purchaser’s deposit, but the parties shall be limited to this remedy and only this remedy. Vivian reads and signs the agreement. Later Vivian realizes that she is not going to be able to get the money together by the deadline. She call’s Bernie to tell him that she is pulling out the deal. Bernie says he is going to keep the deposit. Vivian sues for her deposit claiming there was no mutuality of consideration for the agreement and the contract was therefore void. ISSUE Under Virginia law is their mutuality of consideration when the seller could back out of the agreement by giving the purchaser her deposit back. Rule |Sayres v. Wheatland Group |L.L.C. | OVERVIEW: Defendants sought to apply...
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...personnel. Organizational effectiveness can be defined as how effective an organization is in meetings its objectives or mission statement. In the business world this is measured in terms of profits. If the business has made a profit with minimal losses, then it can be said that the business is organizationally effective. On the other hand when compared to criminal justice agencies it is compared to whether the agency is able to effectively meet their objectives or mission statement effectively. In a law enforcement agency organizational effectiveness can be defined by how the employees respond to upper management. In actuality it is formulated like a pyramid or top-down control. A perfect example of a criminal justice organization is depicted in the following statement. According to Whisenand and McCain, (2012) "It consists of many layers of managers and prestigious job titles; it thrives on written policies and rules; it emphasizes complexity" (Whisenand and McCain, 2012). A law enforcement agency’s effectiveness is usually measured by the general public and stakeholders. If both are happy at how the agency is performing, then it can be said that the agency is running effectively. If the crime rate is high in a given area, then the public will not be satisfied that their department is being ran effectively. This usually results in the local citizens complaining to local political leaders as well to the police chief. Criminal justice...
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...__________________________________________________ (law enforcement agency) to investigate circumstances that suggest an officer has engaged in unbecoming conduct, and impose disciplinary action when appropriate. II. PROCEDURE This policy applies to all officers of this agency engaged in official duties whether within or outside of the territorial jurisdiction of this agency. Unless otherwise noted this policy also applies to off duty conduct. Conduct not mentioned under a specific rule but that violates a general principle is prohibited. A. PRINCIPLE ONE Peace officers shall conduct themselves, whether on or off duty, in accordance with the Constitution of the United States, the Minnesota Constitution, and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. 1. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority from the community. Therefore, officers must understand the laws defining the scope of their enforcement powers. Peace officers may only act in accordance with the powers granted to them. 2. Rules a) Peace officers shall not knowingly exceed their authority in the enforcement of the law. b) Peace officers shall not knowingly disobey the law or rules of criminal procedure in such areas as interrogation, arrest, detention, searches, seizures, use of informants, and preservation of evidence, except where permitted in the performance of duty under proper...
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...Attention Supervisory Team, The reason for this memo is to report to the team various organization performance practices that helps an organization and its managers to increase the productivity of its employees. I want to inform the team how a manager's performance can impact the productivity of his or her workers. My focal point would be on management actions in sequence with employment laws and those that not in sequence. Furthermore, I want to express some best practices for working in a diverse work environment. This practice will assist the team to choose an action plan to increase the productivity of the employees and at the same time the productivity and profitability of the organization. Allow me to inform the team that there are many factors that take part in a decisive role in affecting the productivity of the company. These factors are people skills, administration skills, resources value, system and procedures, equipment and tool type, awareness of workers. Although the most important factor that I want to bring in awareness is the position of a superior. If the leadership in a team is suitable, it can create a satisfying work environment favorable to high productivity of the firm. An unmanaged or negative behavior of a manager can turn the preeminent job and the finest employee into a miserable one that not only brings along the self-confidence of employees other than besides weigh down the productivity of the firm. If the manager behavior is not satisfying...
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