Contract Creation and Management Assignment Paper George Van Hoosier LAW 531 June 26, 2012 Dr. Beverly Spencer Contract Creation and Management The scenario presented is on contractual conflicts. In summary, a software development company and a hotel company entered into a business partnership to develop an electronic reservation system for the hotel company. The groundwork of the plan changed and obfuscated what was expected by both parties. These changes were not communicated well enough
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Osborne Development Corp Arbitration is a method of alternative dispute resolution (ADR) designed to keep disputes out of a court of law and streamline the process of coming to a final resolution. The process of arbitration is a method, “…in which an arbitrator (a neutral third party or a panel of experts) hears a dispute and imposes a resolution on the parties. Arbitration is unlike other forms of ADR because the third party hearing the dispute makes a decision for the parties.” (Fundamentals of
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of this law. She should file suit in the federal court in the state of Confusion since they would have the most knowledge of the reasoning and understand the subject matter the most. I do not believe this statute is constitutional. The Commerce Clause protects intra-state trade and this law would affect the free flow of trade among the states. * Since Tanya’s company is from the State of Denial where no such law exists it creates issues and added expense if she wishes to conduct business in
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State of Confusion Scenario: The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. (University
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enforcement of international law is sometimes based on expectations of reciprocal behavior rather than legal sanctions (Melvin, 2011). Factors in the resolution of legal problems in international transactions include political situations, international laws, cultural issues, contractual issues, local laws of the other country, and the forum selection clause. There are many considerations when legal action is taken against a partner in business in another country. One must look at the government of the
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method of solving disputes is through arbitration. American Arbitration Association (AAA) is the most popular arbitration in the world, as it has over 800 employees in 35 offices worldwide and represents over 8,000 arbitrators and mediators worldwide. Arbitration is actually an extremely old form of settling disputes between people, businesses, as well as between nations. The process itself is a private method of adjudication, which uses at least one arbitrator to resolve the dispute. Several companies
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The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. The state has not explained why this hitch is required. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the
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compare and contrast the traditional litigation system with the nontraditional forms of Alternative Dispute Resolution (ADR). Traditional Litigation is defined as “The process of bringing, maintaining, and defending a lawsuit is called litigation. This is also called judicial dispute resolution because courts are used to decide the case.” Alternative Dispute Resolution (ADR) is defined as “methods of resolving disputes other than litigation.” By far the most common form of ADR is arbitration, however
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Basis of the Grievance and Arbitration Process The Grievance and Arbitration Process BUS405 Labor Relations July 20, 2010 The Grievance and Arbitration Process There has always been a need for conflict resolution on the job. The grievance and arbitration process is one way for employees to be heard when conflict on the job arises. The grievance and arbitration process is also a way for employees to obtain some type of satisfaction at the end of the grievance process. Having representation
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Traditional means of settling disputes • Court/judge as referee • Characterised by power of court to enforce its orders and judgments. • Three key stages: – Choosing forum; – Carrying out proceedings under rules of that particular court; – Enforcing judgment. • Ideally, parties will have agreed on choice of forum in contract. Litigation is Time consuming, expensive, so therefore as a result to ADR ADR : Alternate Dispute Resolution Alternative to Litigattion, NOT IMP FOR EXAMS
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