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Effects of contractualization
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A contract represents an enforceable accord between two or more individuals or bodies pursuant to which the involved parties undertake a binding duty. Many businesses—both commercial and individual—are performed pursuant to agreements/contracts, either written or oral, and law courts decide argument between the contracted parties. In the case involving Sam and Bob, Sam is entitled to decline selling the book to Bob if Sam and Carl entered into a binding agreement that Carl will buy the book. Sam has to abide by the terms of his agreement with Carl and therefore selling the book to Bob will be a breach of contract. There are four main essential elements in the formation of a valid contract: capacity—each individual or entity should have the authority or potential so as to enter into an enforceable agreement. This is meant to protect people who have no capacity—minors, intoxicated, or with mental problems—from entering into any contract. A valid and enforceable contract must also entail offer and acceptance. No contract exists unless the offer presented is accepted. This should be clear and explicit; once an offer is accepted, the involved parties are termed to have had ‘meeting of minds’ (Whittaker, 2001, p. 104).The third element is consideration—something of valuable in exchange for another of value—and this may take the form of goods or services, or property. Legal purpose is the last aspects of creating an enforceable contract. This implies that the object of a contract should be consistent and legal with a public policy. Besides, some form of contracts may be common in a single jurisdiction than the other. Unilateral, bilateral, implied, executory, voidable, and oral are the more common types of contracts applied worldwide. T... ... middle of paper ... ...s of the other. Vicarious liability in business comprises of the responsibility a business tacitly holds for its employees’ actions, subcontractors or any other individual using its facilities. For example, a manager harassing subordinates, courts might hold a business owner vicariously accountable for the maltreatment, although he might have not known about it. Works Cited Whittaker, S, 2001, ‘Public and private law-making, Contracts and status of ‘student rules,’ Oxford Journal of Legal Studies 21(1), 103-128. West, D, & Benton, L, 2009, Contracting to avoid extra-contractual liability—can your contractual deal ever really be the "entire" deal? The Business Lawyer 64(4), 999-1034. Hartshorne, J, Smith, N, & Everton, R, 2000, 'Caparo under Fire': A study into the effects upon the fire service of liability in negligence, The Modern Law Review 63(4), 502-522
This paper examines the legal aspects of procurement management and specifically how procurement management can be used as an effective tool for the overall management of a project. This paper focuses on the basics of common contract laws, the basics of agency law, the Uniform Commercial Code (UCC), and some aspects of that pertain to the Federal Acquisition Regulations (FAR). A summation of the company’s position in relation to a given supplier (provided the company decides not to procure all
It is necessary to track and make available these drawings at site on time so that the construction activities are not stopped. 7. Financial Aspects: Financial aspects of construction is the most important aspects. Different expanses are required at different stages of construction project. Proper planning of resources for construction helps the project proceed efficiently. There is no point in investing all the budgeted amount
The many rights and freedoms of the people in society originates from the Social Contract explained by philosophers such as John Locke, Thomas Hobbes, and Jean Jacques Rousseau. This social contract has been carefully analyzed by many philosophers, especially by Carole Pateman, the creator and writer of the Sexual Contract. Throughout this essay, I will explain Carole Pateman’s objection on the Social Contract dealing with women’s subjection and the argument being objected by philosopher Thomas Hobbes
RESEARCH QUESTION Tracing back the history of the freedom of contract theory, is the freedom to enter into contract(s) truly free? HYPOTHESIS With the codification of contract law, parameters have been set for people who can and who cannot enter into contracts i.e. all persons cannot be parties to contracts or enter into contractual relations. It has also been specified about the types of contract one can enter into. Hence, there are restrictions on persons. 1. INTRODUCTION In the beginning
involve with the organization suitably. One method is involving by using commitment and loyalty. This essay will discuss the benefits and two major methods for encouraging them more commitment and loyalty which are workplace environment aspects and personal aspects. In terms of understanding employee commitment and loyalty, Kumar and Shekhar (2012) state that ‘Loyalty is the willingness to make an investment or personal sacrifice to strengthen the relationship’ and they also state that commitment
to know the law. In the normal transaction of real estates the law of contract requires that that the buyer should disclose all information he has about the land including the interests that he has in the estates before purchase to ensure fairness in the business transaction. Brutus had been aware of the gains that come about with the land and therefore his liability to disclose information cannot be doubted, this is an aspect of fraudulent misrepresentation. Naive too cannot escape the hangman;
their current government systems. While Rousseau proposed thoughtful explanations for an efficient government in his work entitled The Social Contract, they were seen as noxious to the society he was a part of. While Rousseau’s social contract served as commentary and guideline to, what he felt was, a corrupt government system, Locke wrote his social contract, The Second Treatise, in response to The Glorious Revolution of 1688, in hopes of a positive communal response to characteristics he felt would
Introduction A proposed change in contract law yields discussions as to why employment laws should possibly override contracts between employers and employees. The premise of this argument is the fact that employees lack bargaining power and resources that can help them fully secure their interests through contracts. There is need to abandon the existing precedent in courts where employment agreements and collective bargaining agreements override major sources of the employment law. If implemented
rules of laws for human rights. Well, just look at the world falling apart as we speak. Trying to stay positive with the aspects of looking outward to the common good and what is best for the society. This book is just an outline for the people to guide themselves and not sell them short of their potentials as humans and this is how it was
The concept of Psychological Contract was given by Denise Rousseau. It represents mutual perception and beliefs between employer and employee. Every human being is a exclusive individual. This is an irrefutable fact, thus organizations have to look at the various predecessor of the psychological contracts between employees and the organization. Employees have diverse perceptions and thinking over the concept of psychological contracts. A psychological contract occurs at individual level i.e a person’s
productivity of organization they deserve relational obligations in return. The psychological contract is an unsaid agreement between employees and Institution with reference to obligations and expectations (Robinson & Rousseau 1994). Trust is more of social phenomenon than personality and attitude therefore it is considered to be the base foundation of psychological contract (Guest and Conway 1998). The psychological contract breach occurs when an organization fails in gratifying the commitments and promises
acquisition in order for the government to get the best contractor able to fulfill the requirements of the contract and at a fair price for the contract requirements. This is all done by a team of people that handle the whole process of the contract from the cradle to the grave so to speak. “Performance-based contracting will help to correct problems commonly associated with services contracts and identified in numerous audits, including cost overruns, scheduled delays, failure to achieve specified
Merriam-Webster Dictionary has a two-fold definition for the word “contract”. A contract is “a binding agreement between two or more persons or parties, especially one legally enforceable” (Merriam-Webster). It is also a business agreement for the supply of goods or services at a fixed price” (Merriam-Webster). John Rawls argues that “an agreement is not necessarily fair even if it is voluntary. To be fair, an agreement must also be made against a background of equality. It is unfair if one of the
of the social and political contracts, as well as natural rights and order. Social contract: -what is it in each view? -what rights are lost/received? -why does each believe a contract should be formed? -Who is involved in the contract? -how does the contract change human society? -how does it shift from a state of nature to a contract? Natural rights: -what are the natural rights in each view? -who benefits from the natural rights? -is there a reason to form a contract with the rights? -are the rights
Flies: The Necessity of Social Contracts on Societal Order. Invisible boundaries structure society and keep the community in order. When these invisible restraints are lifted, society is bound to collapse, as demonstrated in Lord of the Flies. William Golding, a World War 2 veteran, has seen at first hand the inherent savagery within humans in times of war where order is dissolved. Due to Golding’s past experiences, he knows personally the result of the social contract being lifted, and the horrid