A. Current price transaction looks like an arms-length bargain but one party's promise appears illusory, courts often will look to the context of the agreement and identify an implied non-illusory promise such that the consideration requirement is satisfied. 1. Letter to Little Buyer offer? rejection by entering into a substitute transaction, he is excused from performance obligations B.
Second, both parties had contemplated that the claimant would be paid for his services. In Perdro’s case the full remuneration shows the consideration and the act demonstrates the principle that a past act can amount to good consideration if the two conditions are satisfied. Therefore, the sum payable would be governed by the Supply of Goods and Services Act 1982 (S15.1). The section implies that where the price of a service supplied under a contract is not fixed by the parties, a reasonable price will be paid (Keenan and Riches 2009).
Investment theory focusses on the extent to which commitment is determined by investment in a relationship rather than solely satisfaction or reward. Rusbult (1983) argued that the more someone invests in a relationship (whether in financial, temporal or emotional terms), the greater their commitment to that relationship. Rusbult & Martz (1995) used the basic principles of the investment theory to offer explanation as to why individuals stay in abusive relationships. In such cases, quality of alternatives becomes a significant factor in the continuation of what may be perceived by others
Develop and document, on behalf of an organisation for which you do or might work, a detailed process whereby it will be possible to investigate, identify, assess, and include the needs of customers in planning processes. Activity 1.docx How can quality, time and cost requirements be balanced? It's all about the expectations of the customer and what they intend on using it for. If they pay a premium price for a product then they expect it to be of premium quality and a quick turnaround. If the product is of low value, then the quality expectation isn't so great.
To determine if a court might grant specific performance as a remedy for a breach of contract, it must first be determined what constitutes specific performance and the elements that accompany it. “The equitable remedy of specific performance calls for the performance of the act promised in the contract” (Miller & Jentz, 2010, Pg. 246). This remedy will usually “not be granted unless the party’s legal remedy (monetary damages) is inadequate” (Miller & Jentz, 2010, Pg. 246).
Any rejection based on unreasonable grounds would be implies to be intent to waste the time and resources of the tribunal and the other party. 4. Where there is a mutual agreement in writing on how the cost should be allocated, the arbitrator may decide to uphold this agreement. Relying on the above stated principle, both parties may agree on how the costs should be shared or borne. This may be included in the length of the contract terms or may be a collateral contract to this effect.
Fisher and Ury recognize that "behind opposed positions lie shared and compatible interests, as well as conflicting ones". Therefore many negotiations include integrative as well as distributive components. The authors' principle based approach perfectly works out for integrative negotiations which have the aim to create value for both parties according to their individual interest. Nevertheless their approach does not provide satisfying results for the second, the distributive part, of the negotiation. The recommendation to develop objective criteria in order to fairly distribute the value is not appropriate in reality.
It is worth clarifying how a negligence claim differs from a contractual claim or a claim for fraud. A contractual claim arises when two parties have a contract, one party breaches the contract and the other party suffers losses as a result. So, any dispute that arises between the surveyor and his customer (that is, the party who engaged him to carry out the survey) is a contractual dispute and may give rise to a contractual claim. A negligence claim is different. Although the surveyor is engaged by one party, the fact is that other parties such as buyers and banks may rely on the accuracy of the certificates that he issues.
It focuses on what the goals are and how they can be achieved. On the other hand, consequentialism is a moral theory that evaluates things like institutions, persons, actions and policies according to their consequences. It measures the outcome and decisions are dependent on potential benefits and the cost of a moral action. It generally focuses on how to attain goals. Consequentialism assumes that if human being would weigh the outcome of their taboos and beliefs, then happiness can be achieved and pain reduced.
Weaknesses of Causal Comparative Two weaknesses in causal-comparative research are lack of randomization and inability to manipulate an independent variable. A major threat to the internal validity of a causal-comparative study is the possibility of a subject selection bias. The chief procedures that a researcher can use to reduce this threat include matching subjects on a related variable or creating homogeneous subgroups, and the technique of statistical matching. Other threats to internal validity in causal-comparative studies include location, instrumentation, and loss of subjects. In addition, type 3 studies are subject to implementation, history, maturation, attitude of subjects, regression, and testing threats.