...when that is required by law under pain of nullity The essential elements of the contract are, therefore, almost the same as the legal transaction, it is true, however, that some of these have the typical characteristics, we begin with the agreement. Agreement is the meeting of the wills of the parties, constitutes the equivalent of will in legal transactions in general. As the agreement may seem simple to define, precisely on this item have developed extensive doctrinal debates have touched upon the very nature of the contract, in particular, has raised the question of the relevance of the Agreement and will, therefore, the subjective nature or objective about this. The "classic" of consensus building occurs through the exchange of proposal and acceptance, the fundamental elements of the contract in general. It discusses the legal nature of the proposal and acceptance, but without reaching a final result, it is in fact the thesis that sees them as legal acts in the strict sense to that, however, describes them as a unilateral legal transactions due to the effects already producing before the conclusion of the contract. It discusses the legal nature of the proposal and acceptance, but without reaching a final result, it is in fact the thesis that sees them as legal acts in the strict sense to that, however, describes them as a unilateral legal transactions due to the effects already producing before the conclusion of the contract. not take effect without being brought to the...
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...CHAPTER 1 “LEGAL FOUNDATIONS” Administrative law is the body of law that governs the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Constitutional law – a body of law dealing with the distribution and exercise of government power. Criminal Law versus Civil Law – Civil * between you and another citizen (no government involved); * disagreements between citizens were no crime has been committed (only e.g. injury); * designed to compensate parties (including businesses) for losses as a result of another conduct ; * e.g. speeding and parking violations; * don’t result in loss of freedom, though they can result in loss of privileges or fines. Criminal * between you and the government/law; * are a protection of society; * Congress and House of Representatives are involved; * When the individuals break the laws/are against the government; * actions that have been declared illegal; * they are prosecuted by the state (city, state or country); * normally punished with...
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...practices which are concerned with the management and regulation of relationships between the organisation, the individual staff member, and groups of staff within the working environment. The objective of the policies and practices are to create • An effective mechanism for communication and participation • A safe and secure work environment • Commitment for the employer and motivation for the employees Employment relationships are built on trust and the rights of both employee and employer. Each day, employees and employers work together to complete tasks and projects for businesses. Both employees and employers have very specific rights and responsibilities that are standard based on current labour laws, employment acts and trade union acts. Balancing these rights is extremely important to a fair and successful employment relationship. Employees who understand their rights and duties may reduce their risk of being mistreated by their bosses. Similarly, employers who are familiar with their obligations and allowances may manage more effectively. It must always be remembered that with every right there is an obligation. In other words the rights of the employee are the obligations of the employer and the rights of the employer are the obligations of the employee. In Malaysia, there are several laws that govern the relationship between employees and their employers. Among them are the • Employment Act 1955 • Industrial Relations Act 1967 • Trade Union Act 1959 •...
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...Firm – Legal Issues Question 4 Contract Law Major issues faced by the U.R.E Investment Firm LLC in relation with contract law are lack of proper terms and conditions, lack of importance of health and security of the employees, and one of the most important issue is companies sometime when entering into any contract do not make anything in writing these are some major issues faced by the country in relation with the contract act. A contract is an agreement enforceable by law. Every time an agreement is considered binding and enforceable by the court in the sense that no one can be prosecuted, the agreement is a contract. So while making any contracts these rules should be properly followed, they are informal, oral or written or implied behavior. It must meet the following conditions: Offer and accept unconditionally. Valuable consideration. Authentic consent. The parties must have the capacity to enter into contracts. In the Household Registration Law (a person's residence is the country in which he lived with the intention of permanently stay there) this universal jurisdiction (Glick 2003, 85). Types of contract which should be performed with suppliers, customers and employees are Contract by record These obligations are based on court records, the records of the condition. They are not the real contract, the obligations of the parties arising from the court records of any agreement into a separate reason and only. They can through the courts, legal obligation or guarantee...
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...THE LABOUR LAW CHAPTER ONE: GENERAL DEFINITIONS AND PRINCIPLES Article 1: All employers, workers, workshops and production, industrial, services and agricultural institutes shall be obligated to observe the provisions of this Law. Article 2: For the purpose of this Law, a worker is one who works in any capacity against receipt of remuneration including wages, salary, share of profit, and other benefits at the request of the employer. Article 3: An Employer is a natural person or a juridical entity at whose request and account a worker works against receipt of remuneration. The directors, officials and in general, all those individuals who are assigned with the task of administering workshops shall be deemed to be representatives of the employer. An employer shall be responsible for all commitments made by the said representatives towards workers. Should the employer’s representative undertake any commitment outside the scope of his powers and such commitments shall not be acceptable to the employer, he will be responsible towards the employer. Article 4:Workshop is a place like industrial, agricultural, mining, construction, transportation, passenger transport, services, commercial and production institutes, public premises and their likes, where the worker in which performs his work at the request of the employer or his representative. All facilities, belonging to a workshop such as prayer-room, canteen, cooperative shop, nursery, kindergarten, clinic, bath, vocational training...
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...Agreement: Mediation and Arbitration Agreement Dear [Name of ABC Company Employee]: Although ABC Company hopes that employment disputes with its employees will not occur, ABC believes that when these disputes do arise, it is in the mutual interest of all concerned to handle them promptly and with a minimum of disturbance to the operations of ABC's businesses and the lives of its employees. Accordingly, to provide for more expeditious resolution of certain employment-related disputes that may arise between ABC Company and its employees, ABC has instituted a mandatory mediation and arbitration procedure (the ABC Mediation and Arbitration Procedure or the Procedure) for all employees [indicate eligibility restriction, if any]. Under the Procedure, certain disputes that may arise from your employment with ABC or the termination of your employment must (after appropriate attempts to resolve your dispute internally through ABC management channels) be submitted for resolution by non-binding mediation and, if necessary, mandatory arbitration. In agreeing to submit certain employment disputes for resolution by private mediation and (if necessary) arbitration, you acknowledge that this Agreement is given in exchange for rights to which you are not otherwise entitled--namely, your employment as an ABC Company employee and the more expeditious resolution of employment disputes. In exchange for your agreement to submit these disputes to mediation and (if necessary) binding arbitration...
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...1. Employment law is rooted in which of the following: contract law & agency law 2. In Lemmerman v. A.T. Williams Oil Co. (1986), eight-year-old Shane Tucker was found to be an employee of the oil company where he slipped and hurt his hand because the manager had the authority to hire and fire employees for the defendant and the jobs Shane did were in the course of the defendant's business and he was engaged in doing them when he fell. 3. When can an employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive...
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...Samar College COLLEGE OF GRADUATES STUDIES Catbalogan City Course : MAEd - Educational Management Subject : School Legislation Professor : Reporter : Marichu J. Labra Term : Summer, 2016 Topics : 1. Liability of the School for Students Injury Arising Out of Acts or Omissions of Teacher, Instruction, Professor, and School Officials : Some Legal Bases 2. Duties and Obligations of Teachers, students, School Officials and Personnel and the School Personnel : Some Legal Bases 3. Rights and Privileges of Parents, Students in School, Teachers and Academic Staff, and School Officials and Personnel and the School itself: Some Legal Bases ________________________________________________________________________ School Liability for Torts * En loco parentis- teachers become the surrogate parents of the students or pupils in schools (no limit of age) * It is based on Article 2180 and Article 2176 of the Civil Code of the Philippines. Art. 2180 (Civil Code) * The obligation imposed by article 2176 is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible. * Teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. Article 2176 (Philippine Civil Code) * “Whoever, by act or omission causes damage to another, there being fault or negligence, is obliged to...
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...document by an industrial tribunal containing the minimum terms and conditions of employment that an employer in industry must provide. It grants all employees in one industry or employer have the same conditions of employment and wages. Awards are introduced to protect employees' wages and conditions. Awards cover things such as pay, overtime rates and conditions, special leave arrangements, special allowances and hours of work. Awards are issued by Fair Work Australia, which is the tribunal set up by government to perform this function. Fair Work Australia has responsibility for making and varying awards in the national workplace relations system. A representative union can negotiates an employee’s award on their behalf. This negotiation is funded by the members of the union, even though it applies to all employees. Employees can get their award from their union if you're a member or from Fair Work Australia. 2. What is workers’ compensation and who is covered by it? Workers compensation is insurance policy will be covered under WorkCover Queensland to protect all employees from injury, illness or disease. The compensation can be monetary and non-monetary compensation such as medical care that related to the injury. The objective of this insurance are to Provide medical treatment and income security to injured workers, Ensure employers meet the costs associated with injuries and disease arising at workplaces under their control and Ensure earliest possible return to work...
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...in itself for the principles set in the case not only in England but also in our country where it is cited in several cases and accepted by Hon’ble Courts. We have discussed this case in detail in several cases discussed later by us. Balfour v. Balfour, three quarters of a century after it was decided, remains a leading case. It features prominently in all contract textbooks . So, basically it is very important to discuss this important whose principles are being propounded until now. The question in the instant case is of contract. Legal intention to form contract and consideration were two important concepts which we used to know before starting brief detail of this case. Indian judiciary has sanctioned the verdict of this case on the point of legal intention in several cases. This case is first time referred in Indian court in the case of Commissioner of incometax, Bihar And Orissa v. Maharajadhiraj Sir Kameshwar Singh i.e. in early 1950s. From that, it has also become an important principle of Indian contract...
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...activities of skilled or influential professional. Although there are not an official code all real estate agents, many are members of the National Association of Realtors, which has an ethics code. The Code of Ethics and Standard of Practice of the National Association of Realtors has 17 articles which can be summarized in the golden rule: “do to others as you would like them to do to you” * Duties to Clients: * Articles 1 to 9 deal with the responsibilities real estate agents have toward their clients. * Article 1: When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. * Article 2: REALTORS® shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction. REALTORS® shall not, however, be obligated to discover latent defects in the property, to advise on matters outside the scope of their real estate license, or to disclose facts which are confidential under the scope of agency or non-agency...
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...Initial Recognition, Measurement, Presentation & Disclosure of Liabilities and Shareholder’s Equity A liability is a present obligation of the enterprise arising from past events, the settlement of which is expected to result in an outflow from the enterprise of resources embodying economic benefits (IASB Framework). Apart from satisfying the definition of liability, the framework has also advised the following recognition criteria to be met before a liability could be shown on the face of a financial statement: * The outflow of resources embodying economic benefits (such as cash) from the entity is probable. * The cost / value of the obligation can be measured reliably. The minimum line items to be included on the face of the statement of financial position are: [IAS 1.54] (k) trade and other payables (l)provisions (m)financial liabilities (excluding amounts shown under (k) and (l)) (n)current tax liabilities and current tax assets, as defined in IAS 12 (o)deferred tax liabilities and deferred tax assets, as defined in IAS 12 (p)liabilities included in disposal groups (q)non-controlling interests, presented within equity (r) Issued capital and reserves attributable to owners of the parent. LIABILITIES Trade payables, financial liabilities and other liabilities Recognition | Measurement | Presentation | Disclosures | Recognized if qualifications of liabilities are met. | They are initially recognized at their fair value net of transaction...
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...Non-Disclosure Agreement | | | MUTUAL NON-DISCLOSURE AGREEMENT This Agreement is made and entered into as of the last date signed below (the "Effective Date"), by and between: AND | | If a Company, please complete Part A | | |If an Individual, please complete Part B | Part A |Full Legal Name: |……………………………………………………………………………………….. | |Registration Number: |……………………………………………………………………………………….. | |Jurisdiction: |……………………………………………………………………………………….. | |Registered Office: |……………………………………………………………………………………….. | |Correspondence Address: |……………………………………………………………………………………….. | |Telephone Number: |………………………………………………………………………………………...
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...Course Work Subject: Ethics, CSR and Governance Prof: Dr. Andrea Werner Module: Management Perspective (MGT4814) Report: The Case Study Primark (Rana Plaza, Bangladesh) Thesis Statement An Ethics and CSR responsibilities for the organization using a case study of Primark Contents Thesis Statement 1 Contents 2 Abstract 3 Introduction 3 Analysis 4 Business Ethics 4 CSR 5 Conclusion 7 References 8 Disclaimer: 10 Abstract This report discusses corporate social responsibilities and business ethics in the case of the Rana Plaza collapse. In April 24, 2013 the Rana Plaza factory in Savar district of suburb Dhaka, Bangladesh collapsed, where death tolls reached 1129. Those were garment workers for outsourced operations from well-known Western high street fashion brands. One of the factories buried in the collapse was a supplier of Primark. The incident unveiled debate on duties in supply chain responsibilities, outsourcing and offshoring operations. The article first analyses Primark policies and practices, on ethical and CSR frameworks, leading to event and then it analyses the responses undertaken by Primark to mitigate the accusations and subsequently changing the policies. Introduction Bangladesh has long been known as one of the...
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...INTRODUCTION The law on employment contracts in Zambia is governed by the established English law of contracts and Statute, the Employment Act. To be legally binding a contract of employment must therefore fulfil all the normal contractual requirements. (A) DETERMINATION OF THE EXISTENCE OF A CONTRACT OF EMPLOYMENT AND TERMINATION In order to determine and delineate employees from other contractual relations, the courts have devised tests to help identify employees: 1. THE CONTROL TEST This was the first test to be evolved. Under this test the greater the extent to which a person is under the direction of and control of another person, the more likely he or she is an employee. The control test is satisfied if a person controlled both what another person is to do and how to do it. However, as the size and complexity of business increased and employees became more skilled and professional, employment relations became more impersonal. The control test was therefore less effective and even when a ‘right to control’ was substituted for actual control it was not possible to draw the correct distinctions with only one test. The courts developed other tests; 2. THE INTERGRATION TEST Under this test also called the ‘organization test’ if the person doing the work and the work he does is an integral part of the business, rather than an accessory to it, then the person will be an employee. This test is useful in the case of professional employees, such as doctors who may be an integral...
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