BCOM/230 Abstract This exercise explains what we would write differently to our top administrators. It also indicates the way the memo should change based on its audiences. What types of information should be included in this memo what types of information should be omitted. This exercise will point out the potential repercussions of failing to know the audiences. Review Memo to the Executive Vice-President This message should be short but complete coverage of the subject matter.
The new changes have been difficult to accommodate within the existing budget and timeline. The client did not take into consideration the fact that, adding new requirements would greatly affect the projects schedule. The legal principle here should be that, companies need to stick to the agreed upon contract clauses and in the event of change like system requirements, the involved parties should amend the contract by revising the relevant clauses to capture the new terms and conditions. In simulation, performance and delivery schedule disputes were resolved by agreeing to revise the terms that included recruiting and scaling up the team members on the Span Systems side in order to speed up the delivery schedule. The quality issue was to be addressed by
Factors for consideration a. law’s non-logical implications in interpretation what parties would’ve agreed to (ex. Haines: duration and scope of contract) - policy: at-will doctrine in employment: policy - would’ve agreed to terms had they anticipated situation - had in mind, but didn’t express it b. context - what is the objective of the contract? Is it ambiguous? Ex. Spaulding v. Morse (369): stop yearly payment to trust during time in armed services - enforce according to terms if unambiguous, consider context if terms are ambiguous - not only context at time of contract formation, but also what happened AFTER ⇨ changed circumstances - why look at context?
Stein should sue. Alternately, if Stein wants to sue Gortino for fraud to cancel the sale or come up with a different settlement, she can do that. Discussion 2: How does this doctrine act as an exception to the elements and requirements of a contract? This doctrine can act as an exception because, according to Reinstatement Section 90, the promise doesn't have to be "so comprehensive in scope as to meet the requirements of an offer that would create a binding contract if accepted by the promisee" ("Hoffman v. Red," 1967). Also, the promissor has to expect that, upon the promise, it will induce action by the promisee.
Policy is an important consideration for the courts to decide the duty owed by defendants. Lord Bridge suggested that it should be fair, just and reasonable when imposing duty on defendant. It is thought that the imposition of a duty solely base on foreseeability of damage is not desirable. As Winfield and Jolowicz suggests that “the court must decide not simply whether there is or is not a duty, but whether there should or should not be one.” For the purpose of this essay, I will discuss how policy can influence the imposition of duty. The most important policy concern has always been the “floodgates argument”.
Week Four: Contract Creation and Management Danielle Vazquez LAW/531 August 1, 2012 MICKEY WALTHALL Week Four:Contract Creation and Management This is an evaluation of the video The Nature of Agency. It is important to discuss how contract formation was achieved even under the circumstances. Due to the legal issues presented, the video also offers insight on how the contract should have been achieved, it is important to discuss how other processes and procedures which if had been in place might of better mitigated the risks at hand (University of Phoenix, 2012). The video also presents another contract dispute resolution, although this is a fictional scenario it is important to discuss other resolutions besides arbitration. This paper will discuss the formation of the contract and how a contract administration plan could have been beneficial in the negotiation and signing of the contract between Quick-Take Video and Non-Linear Pro.
If a situation should occur then the company could be covered by t the Conflict of laws which has three branches , Jurisdiction whether the forum court has the power to resolve the dispute at hand, Choice of law the law which is being applied to resolve the dispute, and Foreign judgments the ability to recognize and enforce a judgment from an external forum within the jurisdiction of the adjudicating forum. When a company enters into a contract with another company overseas the contract should be clear of which area their conflicts will be solved. Most often it is more cost effective to leave these conflicts to arbitration, more so if the company is not a part of any international trade groups. Foreign judgments can also be a great tool if they are on a neutral ground. Either foreign judgments or arbitration must have a binding clause in the contract to
Many companies are creating ADR teams with the sole duty is to settle differences. One of the main goal of ADR is to keep the parties involved ending up in litigation. ADR saves valuable time and saves the company from the expenses of long court battles. Government agencies, and organizations, such as the United States Air Force are looking to institute a formal ADR process or even create an ADR division to handle conflict resolution and contract disputes (Tolan, 1996). Accord might want to implement changes at a slower pace.
22) In a longer, more complex discussion, include here a short statement of your position on the question or issue explored in a given IRAC (or CRRACC) unit -- yourconclusion for that unit. 23) The overall conclusion contains a summary of the main points of your analysis. In your application section you may have struggled with areas of uncertainty in the legal doctrine and/or competing policy rationales. You may have also grappled with a seemingly contradictory assortment of facts: some seem to fit into the requirements of the rule; others suggest that the rule is not satisfied. You may have weighed arguments against counterarguments.
The communistic. and nihilistic tendencies of the present would seem to indicate that these problems have not been finally disposed of, and that the lawyer of the near future may be called upon to reconsider and perhaps readjust them. In any discussion of these great questions, involving as they do the rights of all, the practical answers given to them by other nations in