are two copies of contracts that the staff should sighed with the enterprise, one is written on the paper which is the employment contract, and the other one is psychological contract which is written in the mind between employer and employee. In relation to the psychological contract, there are several concepts to explain it, and the earliest concepts of psychological contract can be traced back to the early work of Argyris (1960). However, the key concept of psychological contract that in common used
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QUESTION ONE (1) Jones may have claims against the enforceability of his contract with the Suburban Engineering Company (SEC) in regards to consideration and unconscionability of the non-compete clause. Once those issues have been settled, the court will also need to determine if SEC breached its duty of “good faith”. A. Enforceability Issues I. Consideration Jones’ first claim against SEC is that the non-compete clause lacked consideration. Although courts often question the enforceability
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Torts/Restatement of Contracts International Law Treaties (Bilateral and Multilateral). Compare AGOA (Ghana and US) and ECOWAS Treaty (West African sub-region). Readings: Adjei Mensah, Principles of Business Law, Volume I, Part 3 2. Law of Contracts Types (Oral/Written; Bilateral/Unilateral; Executed/Executory, Terms : Express/Implied: Express Contract/Implied Contracts Oral Contracts and the Statute of Frauds (“MYLEGS” Contracts) 1) Marriage 2) Contract for Years 3) Land Contracts 4) Contract
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The analysis and solution of Paul’s case A: The contract between Paul and Bagel Parkson is not been frustrate. Frustration is the situation where an unexpected event occurs, for which neither party is responsible, with the result that the very basis of the contract is destroyed. For the successful pleading of frustration, there are three essentials must be satisfied. 1) The even occurs which was outside the contemplation of the parties. On the other words, both of the parties did not predict
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will get us the answer for the suit. 1. Section 16(c) of the Contract Act provides answer t this problem. It mandates that Person to aver in the plaint and establish the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract. Distinction between “readiness” and “willingness” is that the former refers to financial capacity and the latter to the conduct of the person wanting performance . Person’s readiness and willingness, which is a condition precedent
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rescission of the contract by C-S will result in costly litigation. The contract went into effect eight months ago and it is critical that we secure the project and preserve the relationship with C-S for commercial reasons. Span System wants to secure C-S’s bigger e-CRM order and the chances of securing this order hinges on the performance of this contract. This dispute needs to be settled amicably before C-S pursues legal action (University of Phoenix, 2010). I reviewed the signed contract between Span
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Essential Elements of Contract A contract is agreement enforceable by law. Every contract is an agreement but every agreement is not necessarily a contract. An agreement becomes contract only when it possesses certain essential elements. The presence of these features in the agreement gives it legal enforceability. 1. Valid offer Any agreement between two or more parties begins with an offer. An offer is made when one person signifies to another his willingness to do or abstain from doing something
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exercised the last option on the current Navy contract and must start the process to re-compete the next contract for this on-going requirement. The new contract will be valued at over $150 million. The current contract is a fixed price award fee, but recently we went to a briefing given by the Air Force on a relatively new type of contract incentive called Award Term and are considering this as an option. There has been much discussion on what type of contract we will use for the re-compete for the
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Candidate Details Assessment – BSB51407 – Procurement Please complete the following activities and hand in to your trainer for review. This forms part of your assessment. Name: _____________________________________________________________ Address: _____________________________________________________________ _____________________________________________________________ Email: _____________________________________________________________ Employer: _____________________________________________________________
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(Creditor/Obligee) entered into a Construction Contract Agreement (CCA) w/ Aegean Construction Devt Corp (Debtor/Obligor) for the construction of a 6-storey commercial bldg. To guarantee its full & faithful compliance w/the terms & conditions of the CCA, Aegean posted a performance bond by Manila Insurance Co. (Surety) & Intra Strata Assurance Corp. (Surety). Due to failure of Aegean to comply w/the project, Sps. Amurao filed a Complaint vs. the Sureties to collect on the performance bond at the RTC QC. Manila Ins
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