Premium Essay

Contract Creation/Management Assignment

In:

Submitted By TheGroove
Words 1016
Pages 5
Contract Creation and Management Assignment (Option 2)
David Williams
LAW/531
September 24, 2012
Michael Kelley

Contract Creation and Management Assignment (Option 2)
Recently I reviewed a video about a Software company suing another Video company because they did not pay the amount owed for leasing editing equipment. According to personnel at the Video Company, the equipment did not work properly and they didn’t know the company signed a lease. They thought the equipment was provided for free on a 30-day trial basis. However, an employee of the company signed documents to receive the equipment and found out later that she actually signed the lease for the equipment. The Software Company assumed that the employee had the authority to act on behalf of the Video Company. However, she didn’t have the authority to sign the lease. The Video Company contacted their attorneys to review the case. The attorneys are trying to get the case reviewed through arbitration. One employee admitted that he told the salesperson “you can make the arrangements with her”. The attorneys stated that the acknowledgement gives the impression that the employee was allowed to act as an agent on behalf of the company. The following discussions in this paper will focus on contract formation, administration, and legal remedies.

Contract Formation
Based on my review of the video, the employee (Janet) did act as an agent for the company. She’s also ordered and received supplies and other items. Therefore, the company should establish an expressed agent contract with the employee. Rights and liabilities between a principal and an agent reflect commercial and legal realities. A business owner often relies on an employee or another person to conduct a business. A third party may rely in good faith on the representation by a person who identifies themselves as an agent for

Similar Documents

Premium Essay

Contract Creation and Management Assignment

...Contract Creation and Management Assignment In this paper I will give my analysis of the issues presented in the Contract Creation and Management simulation. Within the paper I will provide contractual resolutions that will offer the development of a plan that will defuse possible contractual disputes. Citizen Schwartz will be given rapid and economical dispute resolution options, while Span Systems will be given the resources to recoup a significant business relationship following a contractual dispute. In the simulation Span Systems, a small software company has been hired by a large well-known German bank, Citizen Schwarz AG. Citizen Schwarz has always been amongst the leaders in their industry and to stay atop of the industry, the company has hired Span Systems to develop custom software for the bank. The development of this new software will be the largest, most important project that the small software company has acquired in its existence. The two companies have reached a contractual agreement that is legally valid and contains all of the elements critical for making the contract binding and enforceable. A written agreement containing specific details of the promises made by Span Systems for providing the software package and outlining the demands of Citizen Schwarz for the components of the software, expectations of delivery and price for the sum $6 million has been accepted by both parties. Eight months into the project, there were several concerns...

Words: 1059 - Pages: 5

Premium Essay

Law Syllbus

...|Week Three: Contracts | | |Details |Due |Points | |Learning Team |Review the assignment options described below. These options are found in the University of | |10 | |ERM Paper |Phoenix Material: ERM Paper located on the student website. | | | | | | | | | |Option 1: Write a paper of no more than 1,750 words in which you identify potential tort | | | | |risks that arose in the Business Regulation simulation. Identify a tort violation from the | | | | |simulation. Then use the 7-step process as defined in the Harb article to apply the risk | | | | |management process to mitigate the business risk associated with that violation. | | | | | ...

Words: 1021 - Pages: 5

Premium Essay

Busi Law

...identified in item b? How well does it align with Alumina’s values? Learning Objectives See Week 3 objectives listed in the rEsource material or module. Required Reading Read the materials for Week 3 on your rEsourceSM course page. Read Ch. 7, 13, 14, 15, and 17 of Business: Its Legal, Ethical, and Global Environment. Assignments Run the “Contract Creation and Management” Simulation on your own before meeting with your Learning Team. Identify the elements of a contract and specify where (or if) they are present in the simulation. For purposes of helping you to analyze the assignment, divide the Learning Team into two sides, one representing the party needing the software and the other representing the party designing the software. Each party should identify its needs and risks given the situation. Working together, both parties should create mutually agreed upon contract provisions, including a provision to resolve contract disputes, that would allow both parties to meet their needs and minimize their risks. Also keep in mind the need to design a process to accommodate changes in the project scope or timetable. For the graded assignment, cas a...

Words: 2385 - Pages: 10

Premium Essay

Law 531

...[pic] Course Syllabus Law 531 Business Law Course Start Date: 11/13/12 Course End Date: 12/24/12                   Please print a copy of this syllabus for handy reference. Whenever there is a question about what assignments are due, please remember this syllabus is considered the ruling document. Copyright Copyright ©2009 by University of Phoenix. All rights reserved. University of Phoenix© is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft©, Windows©, and Windows NT© are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix© editorial standards and practices. Course Description                                                                                                            This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization’s legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product...

Words: 2508 - Pages: 11

Premium Essay

Contract Creation and Management

...Contract Creation and Management Assignment Paper George Van Hoosier LAW 531 June 26, 2012 Dr. Beverly Spencer Contract Creation and Management The scenario presented is on contractual conflicts. In summary, a software development company and a hotel company entered into a business partnership to develop an electronic reservation system for the hotel company. The groundwork of the plan changed and obfuscated what was expected by both parties. These changes were not communicated well enough, both internally and externally, to accommodate these changes (University of Phoenix, 2002). This case presented how a contract between parties was prepared, but what was required was not clear to either party. To further complicate matters, as the project requirements became clearer, no contract revision occurred to discuss how the expanding requirements could be negotiated. The increasing requirements and scope of work meant the original resources assigned to the project were rapidly becoming insufficient. Project delays and poor quality products were the result. Instead of addressing the changes and the need to revisit and negotiate the changing requirements, and additional compensation, the two parties filed suits and counter suits against each other (Cheeseman, chapter 16, 2010). The scenario points out how devastating the resultant legal costs were to both parties, and how the end result was a failed project that could have been resolved with less contract ambiguities...

Words: 963 - Pages: 4

Premium Essay

Human Resource Management

...Binus International University International Business International Human Resource Management Mid Exam Revision 1 – Introduction IHRM Definition • Covers all issues related to management of people in an international context. • IHRM covers a wide range of HR issues facing MNCs in different parts of their organizations and include comparative analyses of HRM in different countries. HRM Activities • Human Resource Planning (Ensure best fit between employees and jobs) • Staffing (Includes Employee Recruitment, Selection and Placement) • Performance Management (Ensure goals met in effective and efficient manner) • Training and Development (Bettering performance of employees in organizations) • Compensation and Benefits (Awarding employees monetarily or non for work done) • Industrial Relations (Dealing with employee relations) • 3 Dimensions of IHRM: 1. Broad human resource activities of procurement, allocation and utilization 2. National or country categories involved in international HRM activities o Host Country – Where subsidiary may be located o Home Country – Where HQs may be located o Other Country – Where labour, finance and other inputs are obtained from 3. 3 Categories of employees of an international firm o PCN – Parent Country Nationals (Nationals where HQ is located) o HCN – Host Country Nationals (Nationals where subsidiary/facility is located) o TCN – Third Country Nationals (Nationals where resources are...

Words: 5428 - Pages: 22

Premium Essay

Syllabus

...SYLLABUS LAW/531 Business Law Copyright ©2014 by University of Phoenix. All rights reserved. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student...

Words: 2154 - Pages: 9

Free Essay

Creamy Creations Takeover

... Join Login Help Contact Welcome Anti Essays offers essay examples to help students with their essay writing. Sign Up Creamy Creations Takeover Essay Below is an essay on "Creamy Creations Takeover" from Anti Essays, your source for research papers, essays, and term paper examples. Creamy Creations Takeover Organizational and Corporate Communications Chapter 3 Creamy Creations Takeover – COMM-3213 Instructor: Zelda Togun Alethia Uwandu Mid America Christian University Student August 16, 2014 Week 4 conflict Management Assignment P1 The Burger Barn executives see a rosy future ahead for Creamy Creations. Do you see any reasons why they should not be so optimistic? What are the potential future pitfalls they should be watching out for? (150 -200 words) I think that Burger Barn executives may be “counting their chickens before hatching,” for they are looking at the lack of efficiency and the fact that customers would wait for 10 minutes. They should not be so optimistic about the company moving forward in a great way because they are forcing their employees to work harder and faster, which reminds me of Frederick Taylor’s “Theory of Scientific Management,” which he was adamant about “time and motion.” Employees want to feel appreciated and may have enjoyed taking their time in getting...

Words: 550 - Pages: 3

Premium Essay

Unit 9: Human Resource Management for Service Industries

...UNIT 9: HUMAN RESOURCE MANAGEMENT FOR SERVICE INDUSTRIES Get assignment help for this unit at assignmenthelpuk@yahoo.com LO1 Understand human resource management Human resource management: concept of human resource management (HRM) eg planning and forecasting, recruitment process, contracts of employment, deployment and monitoring of employees, training and development, budget monitoring, relationships; role and purpose of HRM, soft HRM, hard HRM Human resource planning: planning eg the creation of the human resource plan, analysing demand and supply, internal and external factors influencing human resource planning, human resource planning in a changing environment LO2 Understand the effect of employee relations and employment law on service industries businesses Employee relations: unionisation eg structure, culture, collective bargaining, negotiation, consultation; employee participation, involvement and conflict management, empowerment; grievance procedures, disciplinary procedures Employment law: employment legislation eg Employment Relations Act, Employment Rights Act; equal opportunities; contracts of employment including termination eg resignations,redundancy procedure, ill health retirements, retirement, dismissal, maternity and paternity rights, parental leave; tribunals, Advisory, Conciliation and Arbitration Service(ACAS) LO3 Understand the recruitment and selection process Recruitment: effects eg factors affecting the labour market...

Words: 764 - Pages: 4

Premium Essay

Aspects of Contract & Negligence for Business

...INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY BTEC HND DIPLOMA IN BUSINESS (MANAGEMENT & HUMAN RESOURCES) ASSIGNMENT COVER SHEET 2014 INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY BTEC HND DIPLOMA IN BUSINESS (MANAGEMENT & HUMAN RESOURCES) ASSIGNMENT COVER SHEET 2014 UNIT TITLE & CODE | Y/601/0563_ Aspects of Contract and Negligence for Business | LEVEL | 5 | | | CREDITS | 15 | STUDENT NAME | | STUDENT ID | | ASSESSOR | Mr. H.M.K.Herath | IV by | Mr. Mafas Raheem | ASSESSMENT | Individual Assignment | Word Count | 4000 | ASSIGNMENTISSUE DATE | 11.06.2015 | ASSIGNMENT SUBMISSION DATE | To be informed | ASSIGNMENT DISCUSSION DATE(s) | | | ASSIGNMENT RESUBMISSION DATE | | | | | | | | | FINAL GRADE | ORIGINAL SUBMISSION | | RESUBMISSION | | ASSESSMENT CRITERIA TO BE ASSESSED IN THIS ASSIGNMENT (Identify all criteria to be assessed in this assignment) Achieved Pass Criteria | LO1 | LO2 | LO3 | LO4 | | 1.1 | 1.2 | 1.3 | 2.1 | 2.2 | 2.3 | 3.1 | 3.2 | 3.3 | 4.1 | 4.2 | Original Submission | | | | | | | | | | | | Re submission | | | | | | | | | | | | Grade Achieved | Merit Criteria | Distinction Criteria | | M1 | M2 | M3 | D1 | D2 | D3 | Original Submission | | | | | | | On resubmission | | | | | | | AUTHENTICITY STATEMENT I certify that the attached material is my original work. No other person’s work or ideas have been used without acknowledgement. Except where...

Words: 2086 - Pages: 9

Free Essay

Itinfo Security Law and Ethics Course Syllabus

...each course that are in alignment with specific Terminal Course Objectives (TCOs). The TCOs define the learning objectives that the student will be required to comprehend and demonstrate by course completion. The TCOs that will be covered in detail each week can be found in the Objectives section for that particular week. Whenever possible, a reference will be made from a particular assignment or discussion back to the TCO that it emphasizes. A | Given the importance of Law, Investigation, and Ethics in Computer Security, develop an understanding of the operation of the American legal system, including how the interpretation of statutes, judicial precedents, and legal reasoning affect information security. | B | Given the global nature of the Internet, evaluate how doing business on the Internet may subject you and your company to the laws, regulatory agencies, and judicial systems of multiple states and/or foreign countries. | C | Given that the Internet is owned by no one, consider how information security is affected by governmental regulation, specifically, privacy laws, taxation, assignment of Internet addresses, and the regulation of pornography and gambling. | D | Given the value of information, explain...

Words: 891 - Pages: 4

Premium Essay

Recognizing Contract Risk and Opportunities

...Recognizing Contract Risk and Opportunities LAW/531 Introduction Contracts are a binding, critical part of any business deal between two or more parties. Because of the binding promise between these parties it is important that the contract is clearly worded, negotiated if-need-be, and reviewed before they are signed by all applicable parties. Cheeseman (2010) stated “A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (Chpt 9, Para 2). The following Memo will identify the legal issues presented in the Contract Creation and Management Simulation as well as identify what a manager may do to avoid theses risks and minimize liabilities. Business Memo -- Confidential TO: Project Leadership Team Span Systems – Kevin Grant, Harold Smith FROM: Mike Myers, Project Manager Span Systems DATE: 03/20/2011 SUBJECT: Contract Risk and Opportunities between Span Systems and Citizen-Schwarz AG CC: Board directors The one-year contract written between Span Systems (Span) and Citizen-Schwarz AG (C-S) to develop banking software has recently met with some serious concern regarding if it can remain intact as it currently stands. Recently Leon Ther: the IT outsourcing director of C-S sent a letter stating that “C-S cannot afford scheduled slips because of its deadlines for the release of transaction software in...

Words: 1427 - Pages: 6

Premium Essay

None

...participation in this class. Course Title: Introduction to Business Law Course Description: This course introduces students to the legal environment of business and the American legal system. Students will examine contracts in depth and agency law. The course will include a study of the governmental regulation of business and the relationship between administrative/legislative (state and federal) law, and business ethics. Text: Business Law 4rd Business Ed Revised (2012): Morgan, Shedd & Corley ISBN: 978-1-61882-007-5 COURSE GOALS & OBJECTIVES: Provides an overview of relevant Business Law principles and practices as applied to contemporary organizations. The focus of this course will be the generally applicable laws affecting people and business organizations in the United States, any United States jurisdictions, and doing business with other countries. Student learning outcomes: Upon successful completion of the course, the student will be able to ? Understand the legal system, legal ethics, and the applicability in both State and Federal Courts. ? Discuss the impact of the American Legal System on business, employer, and employee relations (operating principles and activities); including leadership by chief executive officer (CEO), management (line supervisors) functions, and employee functions....

Words: 2455 - Pages: 10

Premium Essay

Classroom Behavior

...behavior management can be one of the most difficult issues teachers face today. With the variance of personalities in one classroom, it may be difficult for a teacher to stay actively in control of the ever-changing environment. The main question is, how do the new and upcoming educators of the world change the issue of behavior management in our own classrooms? First, think about the approach. Take some time to think and strategize a plan. Clarifying a strategy will help make it easier for an educator to lead the class confidently and effectively. Next, make sure the students know what is expected of them. The rules presented to students should be positive and specific. Finally, listen to student suggestions. Keeping the students involved and allowing them to make suggestions about what should be expected of them will help create an environment in which students know the rules are challenging, but not impossible. Behavioral issues being harbored in the classroom have quickly become a hot topic for administrators and educators alike. “Educators, government officials, and members of society at large have shown increased concern about the behavior of adolescents in academic and vocational settings.” (Kelly & Stokes p. 447) This very alarming epidemic has stirred many academic leaders to come up with plans to easily communicate to students their behavioral expectations in the classroom. One of the most effective strategies is the creation of a contingency contract. A contingency...

Words: 640 - Pages: 3

Free Essay

Senior Analyst

...This will primarily include support of learning management system to support the requirements of the CIA.  Will require advanced usage of SharePoint, Microsoft Office (Access), and Learning Management Systems to maintain validation rules and monitor adherence to CIA requirements.  Position will also support other HCC Technology tools and create technology training as required. Day to Day administration & support of the Learning Management System application (Compliance Wire or other) to ensure CIA requirements are met on an ongoing basis. Activities include: Day to Day system administration & maintenance; Systematic validation of business rules; Troubleshoot end user issues and e-learning/environment issues; Report generation; Training Assignments & user group maintenance; Management of overdue assignment process; Ensure new hire training is adequately captured within the system; Monitoring and maintenance of support mailbox & voicemail   Partner with PGHCC Training to support supplier training processes; Track adherence to training requirements; Liaison to ensure CIA questions are addressed in timely manner   Creation of training materials (documentation & screencasts) for various Health Care Compliance systems; Manage HCC communication tools   As required, assist in support of PGHCC Technology projects. The Health Care Compliance Sr. Analyst is the primary point of contact for process issues related to the Contract Pricing Committee (CPC). They will provide support...

Words: 443 - Pages: 2