...Negotiation Planning Outline Negotiation Planning Outline Negotiating is the art of convincing the other side that they should receive what they want. Knowing what they want from negotiation is only a small part of what it takes to anticipate the negotiation process. Success comes from developing effective negotiation strategies that convince the other side that what they want is fair and reasonable. This outline will indicate a negotiation plan from the position of Miami Heat’s General Manager, Pat Riley in the negotiation battle between National Basketball Association (NBA) Basketball Star, Juwan Howard, Washington Bullet General Manager, Wes Unseld, and Juwan Howard’s agent, David Falk. Goals Escalate the opportunities of the Miami Heat’s organization of achieving a winning regular season to a position that would allow the team to participate in the post season playoff games. Thereby, building a winning and championship team that would ultimately earn the title as National Basketball Association Champions. Issues A. The maximum amount of the contract offered to Juwan Howard to play with the team including bonuses and perks without exceeding the salary cap. B. The maximum number of years in the contract in relationship to the maximum amount offered. C. Other provisions to be included in the contract such as those listed in the...
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...Part B: Case Study Analysis From Point of View of Pat Riley – General Manager of Miami Heat A. Introduction – Negotiating is trying to convince the other side to give you what you want. The key to success is knowing how you are going to get what you want (Egan, 2008). Included in this outline will be the negotiation steps from the view point of Miami Heat General Manager, Pat Riley and his clash between Washington Bullets Manager, NBA Star Juwan Howard, and Howard’s agent, David Falk. B. Issues a. Signing the best players in the league for the Miami Heat b. Having enough money in the salary cap to buy out player’s contracts i. Alonzo Mourning ii. Juwan Howard c. Abiding by NBA and CBA rules and regulations d. Verbal promises/contracts C. The “Bargaining Mix”? a. Which issues do we have to cover? i. Salary Cap ii. Player’s contracts 1. Staying within budget 2. Giving player’s what they want iii. Rules and Regulations b. Which issues are connected to other issues? i. Player’s contract/Salary cap ii. Rules and regulations/Salary cap D. Interests a. Getting the best players for the Miami Heat b. Alonzo Mourning (rated #3 as most desirable by the Miami Heat) c. Juwan Howard (rated #4 most desirable by Miami Heat) E. Limits a. Walk away i. What is the maximum the Heat is willing to offer to get the players wanted? 1. Teams payrolls to be capped at $24.3 million ii. Howard 1. Limit ended at $95.2 million plus 6 million in bonuses and perks a. Total...
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...BUSINESS LAW I—Course Outline Instructor: Professor Charles O. Kwarteng References Materials Books Required: K. Adjei-Mensah, Principles of Business Law, Volume ONE (ISBN 9988-0-0944-5). (good for business law) Recommended. K. Adjei-Mensah, Principles of Business Law, TWO (ISBN 9988-0-0945-3) (good for companies) . Internet Materials: www. kkaufhold.net/files_/Bussiness_Law_Outline 2.pdf (good outline for business law) www. Ekconsultinggroup.com/assets/resources/Business_Law_Notes.pdf (good outline for company law) OUTLINE 1. Sources of Law a) Constitutional Law b) Statutory Law (Ghana Company Code) c) Executive Decisions: Executive Decrees, Proclamations, Orders Judicial Decision-Case Law: Doctrine of Stare Decisis (Salomon v Salomon) Treatises of Eminent Jurists Restatement of 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 of the Executor 5) Guarantor’s Contract 6) Contract of Surety 2) Writing required in the ff cases (i) Real Property Contract including leases, life...
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...registration of companies (8mks) b. Outline the various circumstances under which the corporate personality of the company may be ignored under the statute (12mks) QUESTION TWO a. Identify the circumstances under which a company is considered a subsidiary of another (6mks) b. Highlight the various reasons that may necessitate a company to amend its object clause (6mks) c. Outline the various ways in which the promoters of a company may be remunerated (8mks) QUESTION THREE a. In what ways may companies raise capital from the members of the public (6mks) b. Write short notes on the following: i. Conversion issue (3mks) ii. Script issue (3mks) c. Outline the various restrictions on allotment of shares (8mks) QUESTION FOUR a. To what purposes may a share premium realized in the issue of shares at a premium be applied to (8mks) b. Identify the various rules relating to call on shares (12mks) QUESTION FIVE a. Generally companies do not grant loans to its directors; identify the exceptional circumstances under which companies are allowed to grant such loans (8mks) b. Outline the procedure followed in removing a director from office (12mks) QUESTION SIX a. Identify the routine duties of the company secretary (6mks) b. Identify the various circumstances under which directors are exempt from preparing group accounts (6mks) c. Outline the rules governing disclosure of interest by directors in contracts engaged into by the company (8mks) ...
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...TEAM CONTRACT: ___________________________(Group Number) Objective: To develop the roles and responsibilities of individuals and the team to support the management of your team throughout the semester. Background: Your team will be responsible for completing a team project this semester which requires developing and doing a major fundraising event along with 2 presentations and a final report. Each student will be entering in a performance contract with your team members. This document outlines this contract and provides a means for managing your team performance. To develop this team contract team members will need to negotiate team expectations by developing a shared understanding of how your team will be expected to function. To be effective, all members must explicitly agree to a set of norms for team behavior and procedures to address behaviors that fall outside the norms. Without a shared understanding, some members’ expectations may not be met, leading them to become disillusioned and de-motivated. As a result, team effectiveness will likely be diminished. Work teams often run into problems such as, members “free-riding,” failing to show up for or being late for meetings, failing to complete work, submitting work late, submitting work that doesn’t meet other members’ quality standards, and failing to communicate enough or appropriately in and outside of meetings. If/when you encounter these type of problems down the road, you will use the contract...
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...Assignment 1 P1- Outline the rights and responsibility of employers in an organisation. INTRODUCTION In every work place in the UK, both employers and employees have rights and responsibilities towards one another. However, in this section we will learn about these Rights and Responsibilities. Rights and responsibilities of employers Many of the employer’s right relate to their responsibilities. Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental rules about what is allowed of people or owed to people. Responsibilities is a duty or obligation to satisfactorily perform or complete a task (assigned by someone, or created by one's own promise or circumstances) that one must fulfil. Rights of Employers Responsibilities of Employers An employer has the right to set disciplinary action. Employer’s musts observe duty of care to employees. Employer has the right to supports the business aims. Must observe employments law and codes of practice. Employers have full rights of getting health and safety welfare. Employee must provide a safe work place. Appropriate use of company equipment. Employers must provide public liability insurance. Employers have the rights to set conditions of services. Must observe employees contracts. P2- Outline the rights and responsibilities of employees...
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... 5 marriage or cohabitation. Section D – The Criminal Offender: the essential nature of criminal 5 liability and the study of particular crimes. Section E – The Individual; civil liberties and rights under private law. 5 General Marking Bands 6 Textbooks 8 Contact details 10 Advanced Level Law 9345 This subject may be taken at the May/June examination only. Introduction This syllabus provides a satisfying course for those who will end their study of Law at this stage, and lays a secure foundation for those who will continue their studies in this or related subjects. It enables candidates to develop a knowledge and understanding of legal rules and institutions and an appreciation of the function of law in society. It also encourages candidates to develop the skills necessary to appraise and criticise the application of legal principles across different branches of law. Aims The syllabus aims to: 1. provide a sound understanding of the nature of law. 2. give an appreciation of the role of law in society. 3. demonstrate...
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..........6 | |3 |PROPOSAL REQUIREMENTS………………………………………………………………7 | |4 |GENERAL REQUIREMENTS & CONTRACTING INFORMATION………………….…..9 | |5 |PROPOSAL EVALUATION & CONTRACT AWARD…………………………………....13 | | | |RFP ATTACHMENTS: | | |6.1 |Pro Forma Contract | | | |Contract Attachment A: Attestation Re Personnel Used in Contract Performance | | | |Contract Attachment B: Memorandum of Understanding (MOU)...
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...business need to be invented and worked. Existence of e-contract in the market is accomplishing the need for innovativeness in the traditional business segments. Businesses, both existing and new are trying to create an online individuality and an e-contract stand keeping in view the needs of the modern times. E-contract is one of the divisions of e-business. It holds a similar meaning of traditional business wherein goods and services are switched for a particular amount of consideration. The only extra element it has is that the contract here takes place through a digital mode of communication like the internet. It provides an opportunity for the sellers to reach the end of consumer directly without the involvement of the middlemen. New models of business demands different organisational charters. E-contract demands an organizational charter which caters to its new marketing needs. This mode of business enables businesses to save time on product design and device products according to the individual customer requirement, track sales and get immediate feedback from the customer. Contracts have become so common in day-to-day life that most of the time we do not even recognize that we have entered into one. Right from buying a vegetable and hiring a Cab or to buying an airline ticket online, uncountable thing in our daily exists is governed by contracts. The Indian Contract Act, 1872 rules the way in which contracts are made and...
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...business world today, it is essential that officers and directors are equipped with the resources to analyze and make decisions quickly. Equally important is the ability to assess and mitigate the risks associated with doing business both locally and abroad. This corporate compliance plan serves as the formal written document that outlines the process Riordan uses to both establish and maintain compliance with all applicable federal, state, local and international laws. Legal liabilities of Officers and Directors Riordan is committed to creating a corporation of well informed and properly supported employees that will provide a climate focused on the long term viability of the company (Riordan mission). In order to meet this commitment, it is essential that the officers and directors work to emulate this commitment in decision making and treatment of the entire workforce. Guides and policies on ethical behavior have been further outlined in the employee handbook. This attitude will help to create the open door, supportive work climate that is the company mission. All officers and directors of the corporation should be aware of the general rules, rights and laws established by the state incorporation laws, company incorporation and by-laws,...
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...Role and Function of Law Law/421 September 2013 Instructor Name (A PAPER) The Roles and Functions of Law There are different functions and roles of law in the modern business society in the justice system. The business law is a specific set of rules regarding oversees businesses and can take measures to correct injustices. These rules of law provide the social functions in peacekeeping, balancing government power, providing individuals’ freedom, implement plans with appropriate expectations, establishing social justice, and safeguarding the environment. Peacekeeping is an important role of law in the modern business society. These laws provide rules for appropriate conduct are to ensure peace for between each party participating to resolve dispute. The act of peacekeeping is more difficult today since the businesses are subject to civil and private disputes the predetermined business laws assists in solving the disputes. When these disputes happen the options are to file a lawsuit can be costly and a length of time to resolve or agree to a compromise. Another alternative is to use alternative dispute resolution (ADR), or arbitration, or mediation. Through these methods, a settlement can be create closure and achieve an agreement between both parties. Balancing government control and providing individual freedom dealing with United States Constitution has a built-in system of checks and balances with limitations. The government duty is to question if businesses...
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...Name Date Class Lesson 8-1 Types of Consideration LESSON 8-1 OUTLINE I. Consideration A. Act, Forbearance, or Promise B. Trading C. Legal Value D. Adequacy of Consideration E. Nominal Consideration Lesson 8-1 Review Vocabulary Review Define the following vocabulary terms. 1. consideration That which is given or received in a contract. 2. gift The transfer of ownership without receiving anything in return. 3. donor The person giving a gift. 4. donee The person receiving a gift. 5. forbearance A promise to not do something. 6. promisor The person who promises an action or forbearance. 7. promisee The person to whom a promise is made. Concept Review 8. Define consideration. Consideration is what a person demands and generally must receive in order to make his or her promise legally binding. Lesson 8-1 Review (continued) 9. How can legal value be found in the exchange of benefit for a detriment? With legal value, the detriment is the giving up of a legal right. A detriment arises when a person promise forbearance. 10. Under what conditions is there no consideration? There is no consideration if one of the parties does not give an act, forbearance, or promise to the other, if one of the parties does not trade her or his contribution to the transaction, or if what is traded has no legal value. 11. What is adequacy of consideration? The values that different people place on similar...
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...Contract law is that body of rules that govern contractual agreements between persons or merchants. A contract is basically an agreement between parties outlining their duties and responsibilities to one another. Contracts can be formed for nearly any type of interaction. Thus, contract laws may address various transactions for the sale of goods and services. Contract laws outline what a person can or cannot include in a contract, and what the remedies are if a party breaches their contractual duties. In contrast, tort laws govern situations where one person has harmed or injured another person. Tort laws cover violations where the party intentionally harmed the other person, such as in a battery claim. Tort laws also address incidents where the party may be held liable even if they did not act intentionally, such as in negligence claims or strict liability claims. Tort laws usually result in the liable party paying the victim monetary damages to compensate for their losses. Similarities of Contract laws and tort laws Contract laws and tort laws share many similarities. At the most basic level, both contract and tort laws usually deal with a duty that has been breached. With contract violations, the breach has to do with the duties that have been named in the contract. For example, a contract may state that one party has the duty to pay the other for repair services, and the other party has a duty to perform the services. If also party fails to perform their duties, contract laws...
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...TOPIC 4: INTRODUCTION TO CONTRACT LAW — ESSENTIAL ELEMENTS OF A CONTRACT — STEPS 3, 4 AND 5 Please remember to check your Bulletin Board. • Chapters 5 and 6 of Turner. • Chapters 5 and 6 of Gibson (optional). Learning objectives After you have completed the readings for this topic you should be able to: > define consideration and be able to identify when it is present; > explain and apply the legal principles relating to consideration; > explain the difference between past, executed and executory consideration; > explain and apply the doctrine of promissory estoppel; > identify contracts which must be in writing; > recognise the classes of persons who have limited contractual capacity and describe the effect that each has on simple contract; > outline the common law rules regarding contracts entered into by infants and which can be valid, voidable or void; > summarise statutory changes to the common law made in NSW and SA in relation to infants; and > outline the common law rules with regard to capacity to contract with respect to corporations and bankrupts, the mentally ill and those under the influence of alcohol. Graduate School of Business 4:2 Step 3: Consideration Consideration is something for something. Put another way, it is the price the promisee pays for the promise. For example, in the case of the purchase of a house, it is that house in exchange for the purchase price. Consideration makes the agreement in a commercial bargain. A person...
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...Players Association Position Paper The National Basketball Players Association, NBPA, and the Major League Baseball Players Association, MLBPA, are recognized for their security and support towards professional athletes. With similar qualities, both player’s associations negotiate terms of the collective bargaining agreement, CBA. They help improve the sports they represent on and off the court/field. The community surrounding these associations is greatly affected by the actions taken in regards to protecting and representing the players. One of the only differences between the MLBPA and the NBPA can be seen through the actual sports being played. Not only do the players reach out to the community but they have a similar CBA, player assistance programs and representative functions. Both player associations are equally as impactful on the players. A top priority for the NBPA is community outreach. With various initiatives in place, the goal of the player’s association is to impact the lives of others throughout the globe. With more than 400 players giving back to the community, they tackle social issues and are committed philanthropists. During Christmas, the NBPA distributed necessities and amenities to those less fortunate across the globe. An ongoing dedication to improving lives and impacting communities is a top priority for players, as they travel overseas to host basketball clinics for local children and distribute meals. With cooperation from the MLBPA and other...
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