...Consensual Relationship Agreements – Case Study Dr. Professor Jeffrey Weaver BUS 520 – Leadership and Organizational Behavior January 19, 2013 Consensual Relationship Agreements There are many challenges in the workplace. Office romance today is having to profound effect on corporate attitudes, values, and beliefs. The workplace has become a viable meeting ground for individuals to get to know each other, date, and begin a romantic relationship. People tend to feel more comfortable dating a co-worker than someone they met at a bar or nightclub. According to a major report on interpersonal attraction written in 1969 by Ellen Bercheid and Elaine Walster, professors of Psychology at the University of Minnesota and the University of Wisconsin, proximity is an important factor that explains why people become attracted to others. A February 15, 1988, Newsweek article reported that office romances are especially common in those professions in which employees are expected to spend long hours together on the job (Mainiero, 1989). This tends to put employers in a difficult position. Should workplace romance be managed or is any business of the company? Employers tend to take different stances when it comes to workplace romance. Some companies strictly forbid it, while some companies ignore it and hope that no one claims sexual harassment. Lastly, some companies have come up with policies that require disclosure of the relationship so that the employer can document the voluntary...
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...Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort, so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular, an efficiency explanation can be found for the undisclosed-principal rule, under which the agent's agreement binds the principal even when the third party with whom the contract is made is unaware that the agent is acting as an agent. Agency deals with situations in which one person -- the principal-- uses another person -- the agent-- to act on his behalf. Sometimes the acts of the agent are attributed legally to the principal, sometimes not. Clearly, agency is central to business dealings. No owner of a business can do everything himself; he must delegate some things to agents, and this is true not only of large corporations but of sole proprietorships that have employees who work for the owner. In partnerships, the partners act as each other’s agents. And in corporations, the shareholders are completely unable to act on their own behalf; they delegate authority to a board of directors, who in turn delegate authority to the officers of the corporation. In this report we will discuss the formation and types of agencies with a detail analysis of the evident...
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...organisation or individual. In the past 50 years, the world has become even more interconnected with the huge leaps in communication and technology, and a growing dependency on other countries for resources and services. Despite recent bad press from some governments, international law is both necessary and important for international cooperation at every level. On a day-to-day level, international law functions effectively with little or no awareness by the participants and without any noticeable seams. One can travel internationally, television events are broadcast world-wide and postal and electronic mail is delivered across borders due to international agreements. The term “international law” actually covers different subsets of law including private international law, public international law, supranational or regional agreements and foreign policy law. When the term “international law” is used in the media or in everyday discussion, the reference is generally to public international law. A short overview of both private international and public international law is given below. Private International Law “Private international law” (as civil law countries such as France, Italy and Spain refer to it) or “conflict of laws” (as common law countries such as the United Kingdom, the United States, Australia and Canada refer to it) is a body of law developed to resolve private, non-state disputes involving more than one jurisdiction or one foreign law element. As the common law name–conflict...
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...parties a. obligation of seller – transfer ownership & deliver b. obligation of buyer – pay for price Consequence: power to rescind is implied in bilateral contracts 4. Onerous – with valuable consideration • Consequence: all doubts in construing contract to be resolved in greater reciprocity of interest 5. Commutative – equal value is exchanged for equal value • Test: subjective – as long as parties in all honesty that he is receiving equal value then it complies with test & would not be deemed a donation; but must not be absurd. • Inadequacy of price or aleatory character not sufficient ground to cancel contract of sale; inadequacy can show vitiation of consent & sale may be annulled based on vice but not on inadequacy 6. Consensual – meeting of minds makes a perfect contract of sale but needs delivery to consummate. 7. Title & not a mode – gives rise to an obligation to transfer; it is delivery w/c actually transfer ownership; mode which actually transfer ownership. STAGES IN LIFE OF...
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...International Law and Municipal Law Issues: • Does domestic law override international law? • Does international law apply domestically? 1 Theoretical Issues • Monism: Essentially exponents of natural-law theories; consequently, they regard all law as part of the same universal normative order, with municipal law deriving its binding force by way of delegation from international law. Thus, monists consider international law a part of domestic law. • Dualism: Essentially exponents of legal positivists – therefore, they have an essentially consensual view of international law, believing that international and municipal law were two separate legal orders. International law must be incorporated into domestic law, for it to apply domestically. • Harmonisation: Assumes that international law forms part of municipal law but acknowledges that on occasions when there was a conflict between the two systems, a municipal judge would be bound by the jurisdictional rules of the domestic domain. 2 Primacy of International Law 1 Municipal Tribunals Whether international law has primacy over municipal law depends on each particular country’s constitution. In Australia, there is no express incorporation of international obligations in Australia. Implementing legislation is required for both treaty and customary international law to apply. See below for further information. 2 International Tribunals A State cannot invoke domestic laws as an excuse for failure...
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...Indian Partnership Act , 1932 ( not being covered separately; but major issues under different modules) The act does not affect any usage or custom of trade (u/s 1) – these prevail if reasonable & not illegal; an unique feature of this Act – most important branch of business law Some of the contracts not dealt with by the this Act are those related to Partnership, Sale of Goods (refer module 4), Negotiable Instruments (refer module 3), Transfer of Property, Insurance etc – separate Acts Under Contract Act, the parties to a contract make the law themselves, lay down a number of rights and duties (not infringing legal prohibitions) which the law will uphold. Law of contracts is neither a whole of agreements nor the whole law of obligations. Some obligations do not arise out of agreements: a)...
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...Summary International Law Week 1: International law: Rules and principles that govern the international relations between sovereign states and other institutional subjects of international law. * Created primarily by states. * The fact that rules come into being in the manner accepted and recognized by states as authoritative, is enough to ensure that ‘law’ exists. * When a country breaches international law, the Security Council may take enforcement action, or it can result in the loss of corresponding legal rights and privileges. * However, international law lacks many of the formal institutions present in national legal systems. * The International Court of Justice is the judicial organ of the UN and the ICC deals with serious violations of international law of individuals. There are also a few ad hoc tribunals that are concerned with discrete issues of international law. * Another disadvantage is that the system of flexible and open-ended rules is a lack of certainty. Effectiveness: - International law is needed in order to ensure a stable and orderly international society. - There is a psychological barrier against breaking international law, simply because it is law. - The practitioners of international law may have a ‘habit of obedience’ derived from their own training as national lawyers which serves to encourage respect for international law. Weaknesses: - Lack of formal institutions present in national legal systems. - Customary law-making process...
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...most valuable type of property (and arguably still is). -This course predominately focuses on real property. *Note that personal property can become real property by being attached to real property – referred to as ‘fixtures’. (E.g. carpet fixed to a house). SEE LATER FOR FULLER DISCUSSION OF FIXTURES. -General terminology: • Licence: all rights in relation to land, which look like a property rights, but are not actually property rights. ❖ Bare licence: The licence is not coupled with any form of consideration, and therefore can be revoked at will. ❖ Contractual licence: A licence coupled with a contract, and therefore may have remedies in breach of contract (damages, etc.). -Real Property (Common law) rights: • Fee Simple – An unencumbered inherited interest in land. It is almost equal to ownership (the crown actually owns all the land, but people have the right to reside on the land. • Native title – To be distinguished from the common law system. • Life estate – This estate lasts until death, i.e. it is not inheritable. • Lease / tenancy agreement – The right of possession is given (also known as a ‘possessory estate’. (If the right of possession does not exist, then other rights and interests are not available). • Easement: This does not give the right to possession. It is the right to do something on someone else’s land, or to suffer another doing something on your land. • Mortgage: • Adverse Possession:...
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...Business Associations Outline 1. Agency a. Creating the Agency Relationship i. agent and principal enter into an agreement (not required to be in writing....no K required) in which the agent acts on the principal’s behalf in entering K’s etc…. 1. if done within the scope of the agency (enter into K, etc…) anything done by the agent is binding on the principal 1. principal may be liable in K, tort, property, etc…. (Vicarious liability) ii. question of agency is a factual matter to be determined as a “matter of fact” b. Res 3d Agency 1.01 (definition of “Agency”) i. Agency relationship created when (First Question to ask when dealing with agency) 1. The principal manifests assent to have the agent act on the principal’s behalf and under the principal’s control; and 2. The agent manifests assent or otherwise consents so to act 1. When agency exists the principles of attribution bind’s the principals to agents dealings with third parties 2. manifestation need not be by words (spoken or written), it may be created by conduct/actions i. Agent rx believes that Principal has manifested assent, and has rx accepted ii. (Notes….Legal Consequences of Agency) 1. Inward Looking Consequences: relate to the relationship between the principal and the agent and are largely governed by the contracts between the parties and by the law of fiduciary duties 2. Outward Looking Consequences: relates to the relationship among the principal, the agent, and a third party and are governed...
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...Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 University of London External System This subject guide was prepared for the University of London External System by: u Catharine MacMillan BA (Victoria) , LLB (Queen’s, Canada), LLM (Cantab), Lecturer in Law, School of Law, Queen Mary, University of London and u Richard Stone LLB (Soton), LLM (Hull), Barrister, Professor and Head of Law, Lincoln Law School, University of Lincoln. In the 2004 edition of this guide Catharine MacMillan was primarily responsible for Chapters 1–2, 4–5, 7–8, 10–14 and 16–17. Richard Stone was primarily responsible for Chapters 3, 6, 9 and 15. Catharine MacMillan was responsible for the 2009 revision. This is one of a series of subject guides published by the University. We regret that owing to pressure of work the authors are unable to enter into any correspondence relating to, or arising from, the guide. If you have any comments on this subject guide, favourable or unfavourable, please use the form at the back of this guide. Acknowledgements Figure 15.1 has been reproduced by kind permission of: u Figure 15.1: © Illustrated London News Picture Library. Photographs © C. MacMillan, 2003 Publications Office The External System University of London Stewart House 32 Russell Square London WC1B 5DN United Kingdom www.londonexternal.ac.uk Published by the University of London Press ©...
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...Criminal Law Exam Notes Contents EXTENDING CRIMINAL LIABILTY PARTICIPATION & ATTEMPT 11 Complicity 11 Accessory after the act (s347) 12 Joint Criminal Enterprise (acting in concert) 12 Doctrine of Innocent Agency 13 Accessories Before the Fact & Principals of the Second Degree 14 Actus Reus 14 Mens Rea 16 Doctrine of Common Purpose 16 ATTEMPT 20 Mens Rea (Heavily dependent on MR). 21 Actus Reus 21 LARCENY 24 Actus Reus 24 a. Taking & Carrying Away 24 b. Property Capable of Being Stolen 24 c. Property in Someone Else’s Possession 25 Abandoned by owner 26 d. Without Consent of the Person in Possession 26 Mens Rea 28 1. Intent to Deprive Permanently 28 2. Without a Claim of Right Made in Good Faith (bona fide) 30 3. Fraudulently 31 Temporal Coincidence 33 Larceny by Finding 33 Larceny by Trick 34 Larceny as a Bailee 38 ASSAULT 41 Degree of Injury 41 Common Assault 42 a. Psychic Assault 42 b. Battery 44 Mens Rea 47 Intentional Assault 47 Reckless Assault 47 Negligence 48 Aggravated Assault 48 a. Assault Occasioning Actual Bodily Harm (ABH) (section 59) 49 b. Reckless GBH or Wounding (section 35) 50 c. Maliciously Wounding/GBH with Intention to Inflict GBH (section 33) 51 SEXUAL ASSAULT 54 Actus Reus 54 a. Sexual Intercourse 54 b. Absence of Consent 55 Common law Rules 57 o Doctrine of marital immunity abolished at common law (L 1991) and under statute (s61T(a) NSW)...
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...Gerald R. Ford School of Public Policy University of Michigan IPC Working Paper Series Number 121 CHINA AND CAMBODIA: PATRON AND CLIENT? John D. Ciorciari June 14, 2013 1 CHINA AND CAMBODIA: PATRON AND CLIENT? By John D. Ciorciari * International Policy Center Working Paper No. 121 Gerald R. Ford School of Public Policy, University of Michigan June 14, 2013 Abstract In recent years, Cambodia has become one of China’s closest international partners and diplomatic allies. Cambodia’s recent support for China during multilateral talks on the South China Sea has demonstrated the strength of the partnership and led some critics to depict Cambodia as a Chinese “client state.” This paper examines the extent to which that label is valid. In its ideal form, a patron-client relationship entails an asymmetric exchange of benefits, typically including material support and protection from the stronger state and a degree of deference and political support from its weaker partner. This deference, which reduces the weaker state’s autonomy and often generates political backlash, is what makes governments reluctant to embrace client state status. This paper argues that the Sino-Cambodian relationship has strengthened largely because China has offered Cambodia’s governing elites a favorable bargain, providing extensive economic and political benefits without demanding costly forms of political fealty in return. That has begun to change, however. Cambodia’s governing elites have...
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...consistent and integrated framework of rules to deal with all phases ordinarily arising in a commercial transaction Many sections from the different articles can apply to a single transaction Periodic Revisions of the UCC To clarify certain rules or establish new rules when changes in business customs have rendered existing UCC provisions inapplicable * Articles 3 4 5 8 & 9: revised in the 1990s The Scope of Article 2- The Sale of Goods Article 2 governs sales contracts, or contracts for the sale of goods. Modifies some of the common law contract requirements To the extent that it hasn’t been modified by the UCC, common law of contracts also applies to sales contracts. Common law requirements for a valid contract (agreement,...
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...USN/USMC Commander’s Quick Reference Handbook for Legal Issues 2008 i Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 2. REPORT TYPE 2008 4. TITLE AND SUBTITLE 00-00-2008 to 00-00-2008 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER USN/USMC Commander’s Quick Reference Handbook for Legal Issues 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) Naval Justice School ,Newport ,RI 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER 10. SPONSOR/MONITOR’S ACRONYM(S)...
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...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
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