...binds both the person that made the offer and the person accepting the offer to the terms of the contract. http://www.duhaime.org/LegalDictionary/O/Offer.aspx Terms and conditions under which an offer is made, such as quantity, price, discounts, delivery date, shipping costs http://www.businessdictionary.com/definition/offer.html Acceptance of an offer is the final and unequivocal expression of assent to another's offer to contract. http://www.duhaime.org/LegalDictionary/A/Acceptance.aspx "Acceptance means the signification by the offeree of his willingness to enter into a contract with the offeror on the terms offered to him by the latter. Without an acceptance there can be no contract ...." "In the ordinary case ... there is a manifestation of willingness to be bound by one party followed by a manifestation of an assent by the other by words or conduct, generally and usefully called offer and acceptance." "Each of (these) definitions contemplates a willingness, either in words or by conduct, to be bound by the terms of the offer. But each definition also entails a manifestation, or a signification, or an indication of such willingness." Book 9(1) of Halsbury's Laws of England, 4th Edition (2007) “termination of offer”, and can happen in a number of ways, for a variety of reasons. Termination of offer is different from “termination of contract”, as a contract has not yet been fully formed in a termination of offer. How is an Offer Termination Accomplished? There are many different...
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...Bell Microproducts Cause of Action: Silence as acceptance Material Facts: Donald Bell, President of Bell Microproducts extended and offer of employment to George McGurn, for position of Vice President for the eastern region. McGurn said that id her worked for Bell, he required a written contract that included a termination cause stipulating that he would receive six months salary and half of his commissions in the event he was fired. After several discussions with an official, Bell extended an offer of employment to McGurn, but the offer had no termination clause in it. During a conversation between the parties, McGurn said that he would consider a termination clause that was limited to the first 24 month of employment, and bell said that would be acceptable. Bell issued another contract but it did not agree with McGurns termination clause. When he signed the contract he crosses out 12 and put 24 and initialed it. Bell silently regarded the alteration and McGurn worked for over a year. Bell then fired him and refused to pay the severance. Procedural History: the district court granted summary judgment for McGurn and entered judgment for him in the amount of $120,000. Bell appealed Issue of Law: Does the silence as acceptance clause apply to the statements said by MacDonald? Holding: No Rationale: Silence in response to an offer does not constitute acceptance unless the person offering takes benefit of offered services with reasonable opportunity to reject them...
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...|INTRODUCTION | | | |labor law intended to set the rules governing the legal and links related to the work done by a person for a fee for someone else , and under his| |guidance and his authority or supervision and control. | |For this branch of the law's impact on our economic and social life which makes it super economic and social importance. | |It is the economic labor law plays a role a great deal of risk in directing the economic life of a dangerous weapon in ensuring the safety of | |economic life to a large extent and that had to be on the street to use it efficiently investigation for economic considerations, which controls | |the society and change the efficiency in the use of labor laws It may worsen economic conditions. | |That targets the age of labor laws to ensure fair treatment of workers and decent living and this is too much intervention by the labor laws to | |determine fair wages or impose a minimum with which increases the purchasing power they represent the majority of community groups and therefore | |consumption...
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...Alternative Dispute Resolution Kevin L. Bailey Jr. Law 531 October 4, 2015 Susan Purvin Case Overview A recent Wisconsin state court ruling on employee/employer contract disputes set the precedent for future contract disputes and arbitration (Engel, 2012). The court decided that a wrongful termination lawsuit brought on by an executive employee of Merge Healthcare had merit even though a written employee contract had an arbitration clause for any legal disputes. W. Mortimore, the former chief executive officer of Merge Healthcare Inc., alleged wrongful termination and sought severance payments as well as benefits and payment for legal expenses incurred as part of the lawsuit. The company claimed that Mortimore resigned after an independent investigation into Merge’s financial statements proved fraudulent. In the lawsuit, Mortimore claimed that he was forced to resign or face termination; the firing was improper because Mortimore felt the allegations which led to his termination were unfounded (Engel, 2012). The main issue was Mortimore’s claim that an oral contract, which didn’t include any arbitration provisions should be held to the same standard as a written employment contract which did include a mandatory arbitration clause. The court’s decision pushed the issue back to arbitration stating its decision clarifies that if an employee challenges the legitimacy of a contract, the dispute must be arbitrated. Differences between cost and Benefits Court systems...
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...was on the job for two months. The job offer letter she had been given mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The employer is an employment at will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back. The legal issues in the case of Elaine versus Jerry the employer consist of possibilities of prodigious career chances, where Elaine was looking to have a great career opportunity. Bearing in mind that the employer is an “At Will” employer, does the company need to provide an explanation for the dissolution of employment? Are there principles abuses or various types of discrimination that played a part in the cessation of the plaintiff? There are several inquiries that must be responded before a ruling can be made in this case. Did the company have the right to terminate Elaine without providing an explanation of the reasons that took the owner to make a decision to rescind her services? Are there satisfactory suggestions to a violation of the business ethics as an employer or discrimination against Elaine? Was the employment contract a valid contract or was it merely a paper on the table. (Henry p. 204) Elaine has needs to become a person who will need to look for the proofs to prove that the termination of her services was unlawful. Elaine...
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...benefits are all forms of consideration given by an entity in exchange for service rendered by employees. The objective of this Standard is to prescribe the accounting and disclosure for employee benefits. The Standard requires an entity to recognise: (a) a liability when an employee has provided service in exchange for employee benefits to be paid in the future; and (b) an expense when the entity consumes the economic benefit arising from service provided by an employee in exchange for employee benefits. This Standard shall be applied by an employer in accounting for all employee benefits, except those to which IFRS 2 Share-based Payment applies. Short-term employee benefits Short-term employee benefits are employee benefits (other than termination benefits) that are due to be settled within twelve months after the end of the period in which the employees render the related service. When an employee has rendered service to an entity during an accounting period, the entity shall recognise the undiscounted amount of short-term employee benefits expected to be paid in exchange for that service: (a) as a liability (accrued expense), after deducting any amount already paid. If the amount already paid exceeds the undiscounted amount of the benefits, an entity shall recognise that excess as an asset (prepaid expense) to the extent that the prepayment will lead to, for example, a reduction in future payments or a cash refund; and (b) as an expense, unless another Standard requires or permits...
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...have explained well to them the reason why you are suspending their account. Do not make them feel as if they are being humiliated or hated. Always offer them other possible options regarding their credit accounts. Below is an example letter on how to cancel or suspend a customer’s credit account. This sample letter can be of great help to you when you will have to cancel or withdraw a customer’s credit account. SAMPLE LETTER TO CANCELL CREDIT ACCOUNT Date Sender’s Address Address Customers name Customer Address Dear (Insert name of addressee), This letter is to inform you that your credit account, #134232424, has been temporarily disabled due to delay in payments. We have reviewed your account and found out that you’ve been consistently late in paying your bills for the last four months. According to our policy, any client who cannot follow the terms shall be subject to deactivated accounts. We have been trying to call you for two weeks now but we haven’t received any response from you. The company is assuming that you are undergoing a financial crisis. In light of this, we will give you the opportunity to sort things out as we still look forward to doing more business transactions with you. Please contact us at our customer service center so that we can make an agreement on how you can settle your accounts. We will offer you different ways of payment. But for now, we are temporarily cancelling your...
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...for two months. The job offer letter she had been given mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The employer is an employment at will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back. The legal issues in the case of Elaine X v. Jerry Employer involve exceptions to the “At Will Employer” doctrine and various types of discrimination and their role in the termination of the plaintiff. There are several questions that must be answered before a ruling can be made in this case. Was the employer within his right to dismiss the plaintiff? Is there sufficient evidence to show the defendant was discriminatory against the plaintiff? The Plaintiff in this case could argue that she is the victim of wrongful termination by her former employer, and because of this she should be reinstated to her former position within the company. While the defendant in this case is an “at will employer,” meaning he can legally discharge an employee at any time for any reason, Elaine could claim that the “contract exception” to the Employment at Will Doctrine applies to her case. This would mean that in this situation there was an “implied-in-fact contract” that was created between the employer and her, at the time of hiring. In the job offer letter Elaine received...
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...Employment Termination What Every Manager Should Know Introduction Termination is one of the most difficult tasks a manager will have to perform. A manager needs to have a good understand of everything that is involved in an employee exiting the company. This paper is designed to do just that by giving a broad overview of the topic and highlighting the most important parts. By reading this paper a manager should be much more prepared and less likely to commit a mistake during the termination of an employee. The manager should also be able to make the termination a smoother transition and therefore an easier task to complete. Definitions Definitions of some of the important terms are given to give a manager a better understanding of some of the main ideas involved in employment termination. There are basic ideas that go along with each definition to give a better idea of why the term is important to the topic. Termination from Employment Termination from employment occurs when an employee’s job ends. Termination can be voluntary or involuntary. Voluntary Termination Voluntary termination is when an employee voluntarily ends his or her employment at an organization. This would include resignation or retirement. Another common reason for voluntary termination is a new or better job, typically one that offers higher remuneration or improved career prospects [ (Heathfield, Termination) ]. Involuntary Termination Employment can also be involuntary, meaning that the employee...
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...Operations and Southwest's competitor, respectively. On June 26, 1999, Youngblood signed an employment contract with Southwest to work as a recruiter making $29.50 per hour. The contract contained a noncompetition agreement preventing Youngblood from working for a competitor of Southwest for one year within a 100-mile radius following termination of employment with Southwest. Prior to signing the contract, Youngblood talked to Peter Schwimmer, Southwest's owner and president, on the phone about the job. Schwimmer did not discuss or mention the noncompete agreement with Youngblood on the phone this first time. Schwimmer and Youngblood later met in person to discuss the job. Schwimmer has stated that he recalls briefly telling Youngblood that he would be expected to sign an employment contract that contained a noncompete agreement. Youngblood stated that he does not remember whether Schwimmer mentioned the noncompete agreement during this meeting. Youngblood did not ask for a draft of the contract or noncompete agreement and Schwimmer did not give any to Youngblood. Later, Youngblood called Schwimmer to further discuss the job offer and accept the position. Schwimmer says that he does not remember specifically telling Youngblood about the noncompete agreement, but recalls that he “usually” tells new hires about noncompete agreements. Youngblood again has stated that he does not remember whether Schwimmer mentioned the noncompete agreement during this conversation....
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...project: extinction, addition, and integration. He is not sure which method is best. Question: Which of the three methods would you recommend, and why? (Mantel, Meredith, Shafer, & Sutton, 2007) Let’s first look at the books definition of each of these and this will help us to define which are the best for this scenario. First, we will look at termination-by-addition. This occurs when an “in-house” project is successfully completed and institutionalized as a new, formal part of the organization. This may take the form of an added department, division, subsidiary, or other such organization entity, depending on the magnitude of importance of the project. (Mantel, Meredith, Shafer, & Sutton, 2007) Although this seems like a good route to take for termination of this project, the fact that Lexi Electronics already is a producer of this type of item, and this is just a variation requiring a new line, I feel that this does not offer the best termination option. The department would still be the cell production facility just that it is now adding another production line to this department. Next we look at termination by starvation. This often occurs when it is impolitic to terminate a project but its budget can be squeezed, as budgets always are, until it is a...
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...HUMAN RESOURCE MANAGEMENT by Student’s Name Code + Course Name Professor’s Name University Name City State Date Introduction Personnel management involves mainly managerial recordkeeping in the operating point. It aims at maintaining reasonable conditions of service, while simultaneously competently managing employee activities for specific departments. It is implicit that the results from providing fair terms and conditions and attaining competence in employees’ activity management will consequently facilitate organizational success (Aswathappa 2005). Human Resource Management on the other end is involved with the advancement and realization of people stratagems, which are included with company stratagems, and guarantee that the culture, ideals, and formation of the organization, its member commitment, and motivation contribute abundantly to the attainment of the organization’s goals. Personnel and Human Resource Management As per the name, personnel management is labour force centred, majoring mostly on the organization’s workforce; such as recruiting and training employees, ensuring that they are paid, enlightening them on management’s expectations, and explaining management’s actions. HRM, on the other hand, is resource centred, mainly targeting management, concerning devolving the duty of HRM to line managers and management improvement. Despite being a managerial position, personnel management does not fully relate...
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...smaller companies to penetrate the industry. Consumers have a strong brand loyalty towards the major carriers because of how much better their coverage and service compare to smaller firms in the industry. Smaller firms cannot expect to have the capital to match the network size of any of the four major carriers which can be a major deterrent for customers switching to their carrier. These four major carriers hold an absolute cost advantage over smaller firms attempting to enter the market because of the many years they have been in the industry and resources they have been able to invest into their networks and services. There are also significant switching costs for customers looking to switch carriers, as all of the carriers charge early termination fees when customers attempt to leave their current carrier and switch to a...
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...________ (___) days after execution of this Letter of Intent (the "Contract Negotiation Period"), the undersigned offers to purchase the subject property in accordance with the following terms and conditions: 1. Seller(s): ___________________________________, with contact information as follows: ____________________________________________________________. 2. Buyer: _____________________________________, with contact information as follows: ____________________________________________________________. Buyer may assign his interest to any corporation, partnership or limited liability company in which he is the controlling party or to any other third party without Seller approval. 3. Subject Property: The property, which is the subject of this offer ("Subject Property"), is identified as _______________________________ (APN No. __________). Together with the real property, Buyer is also purchasing all of Seller's rights, title and interest in all of the fixtures, improvements, leases, maps, reports, plans, and other such material is having to do with the Subject Property including all land use entitlements, governmental permits and allocations, and other such governmental and agency approvals as may exist concerning the {WP.FORMS / 00246619.DOC.3} FORM01.086 – Letter of Intent _____________________ _____________________ Page 2 property. In addition, this offer to purchase includes the following specific items: ___________ ____________________________________________. 4....
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...The core principle for employers when making their objective in circumstances requiring termination is to exercise use of a system that gives “employees access to a fair and simple process of appeals” (jones, 2008, p. 366). Unfair dismissal is not an issue that is treated lightly under current legislation the Workplace Relations Act 1996. Actions involving absenteeism, abandonment of employment, criminal charges, dishonesty, damage or intoxication allow for instant dismissal orders to occur at the fair judgement of the employer. Citistores makes the commitment to “ensuring that when discipline and termination issues arise, all employees are treated equitably within a framework of procedural fairness” (Policy-Termination/Resignation, p. 1). Through application of the policy guidelines HRM establishes referral points to assess whether appropriate handling of terminations occur. In practicing fair behaviour in the workplace reasonable notice periods must apply to all situations and regulations must apply to administrative processes. It is solely the task of the HRM to ensure departures from Citistores are conducted fairly, this includes giving the employee opportunity to explain their actions and, if choosing to, rectify their improper behaviour. In the case of employee resignation it again becomes the role of HRM to address the ethical rights of their departing staff member whom is entitled to make the decision to exit the organisation at any moment they choose “employees who voluntarily...
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