Contract Essays (Examples)
Study Document
Contracting Out Versus Contracting In
What are some reasons for and against contracting out? Additionally, what are reasonable items to contract out?
Contracting out is often justified according to the principle of economic specialization. In other words, it is best if a particular organization focuses on … It is also more efficient for organizations to operate on economies of scale. For example, a widget factory can make widgets, and then subcontract its customer services offshore, so it does not have to divert needless resources into training and human resource development. Subcontractors can theoretically provide certain products at a lower cost and thus justify outsourcing.
On the other hand, when an organization subcontracts out it cedes a great deal of oversight to the outside organization. Safety of the final product may be in greater doubt because … because of the lack of direct supervision of its construction. Also, there may be ethical issues regarding the persons……
References
References
Fine, J. (2012). Six reasons why government contracting can negatively impact quality jobs and why it matters for everyone. In the Public Interest. Retrieved from: http://www.inthepublicinterest.org/wp-content/uploads/Janice-Fine_Jobs-Backgrounder- Brief-final.pdf
Study Document
Breach Or No Breach Contract Law
1. Do you think Leonard has grounds to sue Dr. Farrah-Fowler for breach of express contract?
Breach:
Leonard does have grounds to sue Dr. Farrah-Fowler for breach of an express contract. From the onset, it should be noted that despite selecting her as his emergency contact, Leonard did not give Beverly (his mother) the … transfusion, if necessary?
No Breach:
My decision would be different. Leonard would not have grounds to sue Dr. Farrah-Fowler for breach of express contract. In this case, Leonard would have effectively modified the…[break]…in this case be a minor. Minors have no capacity to contract. As a minor, it follows that his parents would be making decisions on his behalf – especially in emergency care settings. In essence, … note that there are indeed exceptions to this particular rule. An exception to the lack of capacity on the part of minors to contract would apply if……
References
References
Friedman, L.M. (2011). Contract Law in America: A Social and Economic Case Study. New Orleans: Quid Pro Books.
Tepper, P. (2014). The Law of Contracts and the Uniform Commercial Code (3rd ed). Mason, OH: Cengage Learning.
Study Document
US Government Contracting Process Article
Article Abstract
Berrios, R. (2006). Government Contracts and Contractor Behavior. Journal of Business Ethics, 63: 119-130.
Privatization, in the realm of government contracts, could be conceptualized in terms of outsourcing and contracting out. Here, the government reaches out to firms in the private sector to avail essential and other critical services. There are various benefits … engagements results in greater efficiency in as far as service delivery is concerned. It is important to note that in principle, the government contracting system ought to not only be competitive, but also open. In some instances, however, this has not been the case. This is more … also open. In some instances, however, this has not been the case. This is more so the case given that some of the contracts awarded in the past have not sufficiently followed the competitive bidding ideals. Further, in some instances, the government has held the short……
References
Article Abstract
Berrios, R. (2006). Government Contracts and Contractor Behavior. Journal of Business Ethics, 63: 119-130.
Privatization, in the realm of government contracts, could be conceptualized in terms of outsourcing and contracting out. Here, the government reaches out to firms in the private sector to avail essential and other critical services. There are various benefits that could be realized as a consequence of such a move. These include, but they are not limited to, enhanced efficiency and access to higher skill levels. To a large extent, the competitive nature of such engagements results in greater efficiency in as far as service delivery is concerned. It is important to note that in principle, the government contracting system ought to not only be competitive, but also open. In some instances, however, this has not been the case. This is more so the case given that some of the contracts awarded in the past have not sufficiently followed the competitive bidding ideals. Further, in some instances, the government has held the short end of the stick in as far as risk is concerned due to cost-plus contract awards. Yet another major concern in this realm has been lack of systems to not only oversee, but also monitor private contractors. In this case, the government has in some instances failed to actively utilize past performance evaluations. The situation is further complicated by the fact that most of the private contractors engaged by the government have extensive contacts inside the U.S. government, have vast resources at their disposal, and are relatively well-established in their respective industries. With this in mind, there is need to conduct a review of the present U.S. government contracting practices and evaluate private contractor behaviors. A study of this nature would enable us to evaluate the effectiveness of the U.S. government contracting process.
Study Document
Code Of Ethics For Managers In Acquisition
… government. For that reason, it is best practice to have a code of ethics for managers who are involved in acquisitions, purchasing and contracts. Ethical lapses contribute to a wide array of issues, including waste, a decline in confidence in the institution of government, and underperformance because … government, and underperformance because the wrong vendors were selected. Larezos (2008) notes that when evidence of corruption arises, governments may need to recompete contracts, projects can be delayed or go way over budget, and there can be increased cost to taxpayers as well. If chronic weak governance … (2016) provide some important context for the role of a code of ethics in organizations, and these lessons apply well to managers of contracts in acquisition. They note that the code of ethics “can be used to define organizational interests ostentatiously by stipulating norms of employee ethics.” … the person is therefore faced……
References
References
Adelstein, J. & Clegg, S. (2016) Code of ethics: A stratified vehicle for compliance. Journal of Business Ethics. Vol. 138 (1) 53-66.
Lazeros, M. (2008) Leaders can learn from Druyun’s ethical lapses and their consequences. USAWC Research Project. Retrieved October 25, 2019 from https://apps.dtic.mil/dtic/tr/fulltext/u2/a479019.pdf
McConnnell, A. & Rood, T. (1997) Ethics in government: A survey of misuse of position for personal gain and its implications for developing acquisition strategy. Journal of Business Ethics. Vol. 16 (1997) 1107-1116.
McConnell, T. (2018). Moral dilemmas. Stanford Encyclopedia of Philosophy Retrieved October 25, 2019 from https://plato.stanford.edu/entries/moral-dilemmas/
Neu, D., Everett, J. & Rahaman, A. (2015) Preventing corruption within government procurement: Constructing the disciplined and ethical subject. Critical Perspectives on Accounting. Vol. 28 (2015) 49-61.
Study Document
Henrietta Lacks And The Social Covenant Of Nursing
… which nurses can assist others. How nurses relate with the society is through a relationship. A relationship that is sort of a social contract complete with expectations from both sides. The relationship allows nurses to carry out their professional duties in the provision of care to individual … of justice and social ethics and the roles they play in individual and societal health (Fowler, 2015). This work discusses the nursing social contract with regards to Henrietta Lack’s story as detailed in Rebecca Skloot’s The Immortal Life of Henrietta Lacks (Skloot, 2010).
Henrietta Lacks was a … tenth month of 1951, Mrs. Lacks died. She died never knowing the significant role she played in advancing human medicine.
What does “Social Contract” Mean?
A social contract with regards to the nursing profession specifies how nurses and the society relate. It also specifies how nurses relate with one another. One … the……
References
References
American Nurses Association. (2010). Nursing\\'s social policy statement: The essence of the profession. Nursesbooks. org.
Cruess, R. L., & Cruess, S. R. (2008). Expectations and obligations: professionalism and medicine\\'s social contract with society. Perspectives in Biology and Medicine, 51(4), 579-598.
Fowler, M. D. M. (2015). Guide to nursing\\'s social policy statement: Understanding the profession from social contract to social covenant. Silver Spring, MD: American Nurses Association.
Palmd, (2010). More on Lacks ethics. Science blogs. Retrieved from https://scienceblogs.com/whitecoatunderground/2010/02/03/more-on-lacks-ethics
Quinlan, C. (2018). Trust in Medical Research: The Legacy of Henrietta Lacks, Part 1. Science 36 Trial Mix. Retrived from https://www.science37.com/blog/medical-research-trust-and-henrietta-lacks/
Reeves, S., van Soeren, M., MacMillan, K., & Zwarenstein, M. (2013). Medicine and nursing: A social contract to improve collaboration and patient-centred care. Journal of interprofessional care, 27(6), 441-442.
Skloot, R. (2010). The immortal life of Henrietta Lacks. Broadway Books.
Stump, J. L. (2014). Henrietta Lacks and The HeLa Cell: Rights of Patients and Responsibilities of Medical Researchers. The History Teacher, 48(1), 127-180.
Study Document
Risk Management And Insurance
… single-premium annuity
v. Single life vs. joint life annuity
vi. Annuity certain vs. pure life annuity
In the case of specialized annuities, the contract options available include:
i. Single-premium deferred annuity (SPDA)
ii. Two-Tier Annuity
iii. Market-Value-Adjusted Annuities
iv. The Variable Annuity
v. Index Annuities
vi. The … is disbursed. The disbursed amount is taxed on the basis that the payment made is in excess of the investment made in the contract. Further, an early withdrawal of an annuity attracts a premature penalty of 10 percent. However, this penalty is not applicable where the holder … early withdrawal of an annuity attracts a premature penalty of 10 percent. However, this penalty is not applicable where the holder of the contract suffers a disability during the life of the contract.
Q5
In the case of the joint and last-survivor annuity, the contract is such that the insurance company makes payments……
References
References
Vaughan, E. J., & Vaughan, T. (2007). Fundamentals of risk and insurance. John Wiley & Sons.
Study Document
Supply Chain Management In Canada
… to positive net revenues; McCray’s faster delivery and sales record does—but at a cost of a lower quality ranking
e. The big 5-year contract worth $30 to $36 million needs to be signed. It requires low-cost ready to assemble furniture like that which McCray can produce using … be made by meeting retailer demand now that high tariffs are being placed against Chinese imports in the U.S. The large $30 million contract must be signed and tactical operations must be made to work to accommodate this new demand.
II. Issue(s) Identification
The strategy and market … McCray’s plant for all custom designed orders and using the Krebbler plant to increase output for the purposes of fulfilling the $30 million contract. The plant would need to be retrofitted with CAD to maintain best practices and this would require an elimination of or retraining of ……
References
Bibliography
Channick, Robert. “Fallout from China Trade War,” Chicago Tribune, 2019. https://www.chicagotribune.com/business/ct-biz-china-tariffs-illinois-impact-20190510-story.html
Krebbler Furniture Case Study, Supply Chain Management Association. Digital File.
Study Document
Higher Education Labor Rights Faculty Tenure
… appointment” at an institute of higher learning (AAUP, 2019, p. 1). Of course, extenuating circumstances may enable the educational institution to sever the contract and terminate the tenured faculty. One of those extenuating circumstances would be financial exigency: an unavoidable and unfortunate situation in which the institution … the same legal rights, and may not even be entitled to collective bargaining. An increasing number of faculty members are hired on a contract or contingency basis.
Organizational culture has become a significant issue related to faculty rights. Faculty, particularly tenured faculty, have a vested interest in … collective bargaining to minimize the chances of abusing the right to declare financial exigency in order to silence staff or terminate a tenure contract.
Organizations like the AAUP and also labor unions continue to represent and advocate on behalf of all faculty, including part-time and contingent faculty. ……
References
References
Alleman, N.F. & Haviland, D. (2017). “I expect to be engaged as an equal”: collegiality expectations of full-time, non-tenure-track faculty members. High Educ (2017) 74: 527. https://doi.org/10.1007/s10734-016-0062-4
American Association of University Professors (AAUP 2019). Tenure. Retrieved from: https://www.aaup.org/issues/tenure
Curnalia, R. M. L., & Mermer, D. (2018). Renewing our commitment to tenure, academic freedom, and shared governance to navigate challenges in higher education. Review of Communication, 18(2), 129–139.doi:10.1080/15358593.2018.1438645
Eastman, N. J., & Boyles, D. (2015). In defense of academic freedom and faculty governance: John Dewey, the 100th anniversary of the AAUP, and the Threat of Corporatization
Mitchell, M., Palacios, V. & Leachman, M. (2015). States are still funding higher education below pre-recession levels. Journal of Collective Bargaining in the Academy, April 2015, Article 71. Retrieved from: https://thekeep.eiu.edu/cgi/viewcontent.cgi?article=1524&context=jcba
Study Document
Employment Law
… with RPG.”
On the strength of the jury verdict above, Greene’s appears to be in a strong position to pursue a breach of contract claim against Jennifer. All of Greene’s executives, including Jennifer, signed a confidentiality agreement. In the said agreement, Jennifer made a commitment to ensure … to Howell was primarily anchored on her disclosure of the confidential information relating to Ever-Gold’s production process. There is evidence indicating that the contract she signed with our competitor had a specific provision addressing the handover of the said proprietary information. Indeed, as Frey (2015) points out, ……
References
References
Frey, M.A. (2015). Essentials of Contract Law (2nd ed.). Mason, OH: Cengage Learning.
Gross, J.A. & Compa, L.A. (2009). Human Rights in Labor and Employment Relations International and Domestic Perspectives. Champaign, IL: Labor and Employment Relations Association.
Peacock, W. (2013). Breach of Contract, Confidential Info Leak Case: Hallmark Prevails. Retrieved from https://blogs.findlaw.com/eighth_circuit/2013/01/hallmark-prevails-in-breach-of-contract-confidential-info-leak-case.html
Study Document
Coronavirus COVID 19
… Wuhan, China, or from a bioweapons lab in Wuhan, China, near the wet market where the virus was first alleged to have been contracted by human from animal species. There is still no confirmation one way or another on the matter, and Chinese leaders have speculated that … the same air as those who are infected. This speculation was largely born from the fact that so many passengers on cruise ships contracted the virus over a short period of time.
It has also been speculated that the virus penetrates the angiotensin-converting enzyme 2 (ACE2) receptor … world, giving more weight to the argument that the virus has likely already run its course and that everyone who is going to contract it likely already has. The lack of evidence one way or another, however, does not allow for a conclusive answer to be given.
……
References
References
Chen, N., Zhou, M., Dong, X., Qu, J., Gong, F., Han, Y., ... & Yu, T. (2020). Epidemiological and clinical characteristics of 99 cases of 2019 novel coronavirus pneumonia in Wuhan, China: a descriptive study. The Lancet, 395(10223), 507-513.
Kekatos, M. (2020). Ventilating too soon. Retrieved from https://www.dailymail.co.uk/health/article-8201783/Some-doctors-moving-away-ventilators-virus-patients.html
Myers, S. L. (2020). China Spins Tale That the U.S. Army Started the Coronavirus Epidemic. Retrieved from https://www.nytimes.com/2020/03/13/world/asia/coronavirus-china-conspiracy-theory.html
National Academies of Sciences, Engineering, and Medicine. (2015). Improving diagnosis in health care. National Academies Press.
Oliver, D. (2020). Coronavirus genetic material stayed on surfaces for up to 17 days on Diamond Princess cruise, CDC says. Retrieved from https://www.usatoday.com/story/travel/cruises/2020/03/24/coronavirus-diamond-princess-cabin-surfaces-contaminated-cdc-report/2905924001/
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