Contract Law Essays (Examples)
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
Employment Law
II. Client’s Case
D. Application of the law to the Facts
Was Jennifer in breach of the confidentiality agreement that she signed committing never to disclose confidential/proprietary information she encounters in … work, she was offered a total of $125,000. Following her employ, she passed-on key Hallmark documents (and information) to RPG. Hallmark initiated a law upon its learning of the said developments. According to Peacock (2013), “the jury returned a verdict in Hallmark's favor for $860,000 - equal … 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……
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
Contracting Out Versus Contracting In
What are some reasons for and against contract out? Additionally, what are reasonable items to contract out?
contract 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 contract its customer services offshore, so it does not have to divert needless resources into training and human resource development. contract can theoretically provide certain products at a lower cost and thus justify outsourcing.
On the other hand, when an organization contract 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
Confidentiality Breach And Unfair Dismissal Law
… does indeed have significant strengths in as far as its legal claim is concerned. This is more so the case given that Jennifer law did indeed sign a confidentiality agreement whereby she made a commitment to keep any information gathered relating to the creation of Ever-Gold secret. … be prudent to note that Greene’s Jewelry position would be weak. The subsequent sections of this text not only analyze the facts and law relevant to the scenario presented, but also evaluate the various facts to be determined. Cases that support the position of Greene’s Jewelry will … various facts to be determined. Cases that support the position of Greene’s Jewelry will also be highlighted.
II. Client’s Case
A. Facts and law
Jennifer has been sued by Greene’s Jewelry for breach of the confidentiality agreement she signed. In the said confidentiality agreement, Jennifer made a … main competitors - and proclaim……
References
References
Bagley, C.E. (2012). Managers and the Legal Environment: Strategies for the 21st Century (7th ed.). Mason, OH: Cengage Learning.
Chociey, E.F. (2018). The Defend Trade Secrets Act of 2016: An Overview and Analysis of the Statute Establishing a Federal Civil Cause of Action for Trade Secret Misappropriation and Notable Case Law to Date. Retrieved from https://www.lexology.com/library/detail.aspx?g=a6c6cf8f-5d89-4cbd-9c64-82ca38e53006
Justia (2020). Chestnut v. Stone Forest Industries, Inc., 817 F. Supp. 932 (N.D. Fla. 1993). Retrieved from https://law.justia.com/cases/federal/district-courts/FSupp/817/932/1459432/
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
U.S. Department of Labor (2020). Plant Closings and Layoffs. Retrieved from https://www.dol.gov/general/topic/termination/plantclosings
Study Document
Natural Law In Catholic Social Teaching
… in the workplace.[footnoteRef:2] These themes of Catholic Social Teaching are rooted in the Church’s teaching on natural. This paper will show how natural law from the time of Aristotle till now has complemented the Church’s moral law and provided a framework for its own social teaching, and it will also show how the Enlightenment Era Social contract perverted the notion of natural law by viewing it from a liberal and atheistic perspective. [2: United States Conference of Catholic Bishops, “Seven Themes of Catholic Social Teaching,” http://www.usccb.org/beliefs-and-teachings/what-we-believe/catholic-social-teaching/seven-themes-of-catholic-social-teaching.cfm]
… it from a liberal and atheistic perspective. [2: United States Conference of Catholic Bishops, “Seven Themes of Catholic Social Teaching,” http://www.usccb.org/beliefs-and-teachings/what-we-believe/catholic-social-teaching/seven-themes-of-catholic-social-teaching.cfm]
The Natural law
Natural law ethics were articulated by Aristotle in classical Greek philosophy and have been a mainstay of Western philosophy ever since, being discussed by Roman … It was not until the Reformation and the Age of Enlightenment when……
References
Bibliography
Barton, George Aaron. A critical and exegetical commentary on the book of Ecclesiastes. Vol. 17. Scribner, 1908.
Hunt, Lynn. \\\\\\"Introduction: The Revolutionary Origins of Human Rights.\\\\\\" In The French Revolution and Human Rights: A Brief History with Documents, 2nd Edition, edited by Lynn Hunt, 1-31. Boston: Bedford, 2016 National Assembly. “Declaration of the Rights of Man and Citizen, 26 August 1789.”
Liberte, Egalite, Fraternite. Accessed November 4, 2019. http://chnm.gmu.edu/revolution/exhibits/show/liberty--equality--fraternity/item/3216
Pope, Stephen J. “Natural Law in Catholic Social Teachings.” https://www.bc.edu/content/dam/files/centers/boisi/pdf/f09/Pope_Natural_Law_In.pdf
United States Conference of Catholic Bishops, “Seven Themes of Catholic Social Teaching,” http://www.usccb.org/beliefs-and-teachings/what-we-believe/catholic-social-teaching/seven-themes-of-catholic-social-teaching.cfm
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 contract. 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 contract, 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 contract in acquisition. They note that the code of ethics “can be used to define organizational interests ostentatiously by stipulating norms of employee ethics.” … also serve an insurance function,……
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
Employee Treatment In The Workplace
… treatment of workers is a priority for any employee given that it is a right guaranteed by the Constitution and protected by labor law. Since this right is protected by the Constitution and existing federal and state law, employers face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing … face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing labor law protect employees from discrimination, unfair treatment, retaliation, and other work-related issues. For this large company, making business decisions in consideration of employment protections … ensuring fair treatment of employees. The significance of fair treatment of all employees in this large company with respect to applicable federal antidiscrimination law, federal health and safety law, and state law is discussed.
Recent Federal Legislative Protections/law
Workplace……
References
References
Coble, C. (2015, June 11). Can Undocumented Immigrants Get Workers’ Comp? Retrieved March 12, 2020, from https://blogs.findlaw.com/injured/2015/06/can-undocumented-immigrants-get-workers-compensation.html
Grabell, M. & Berkes, H. (2018, February 7). Florida Bill Seeks to Stop Arrests of Injured Immigrant Workers. National Public Radio. Retrieved March 12, 2020, from https://www.npr.org/sections/thetwo-way/2018/02/07/583995647/florida-bill-seeks-to-stop-arrests-of-injured-immigrant-worker s
Jennings, M. (2018). Business: Its Legal, Ethical, and Global Environment (11th ed.). Mason, OH: Cengage Learning.
Lenard, P.M. (1987). Unjust Dismissal of Employees at Will: Are Disclaimers a Final Solution? Fordham Urban Law Journal, 15(2), 533-565.
Lindsay, D.C. & Moore, L.M. (2011). State and Federal Leave Laws: How Recent Legislative Changes Have Complicated Leave Administration. Employment Relations Today, 38(1), 77-90.
Macgillivray, E.D., Beecher, H.J.M. & Golden, D. (2010, December). Legal Developments – Recent Action, Federally and in the Workplace. Global Business and Organizational Excellence, 73-81.
Mello, J.A. (2019, August 9). Why the Equal Pay Act and Laws Which Prohibit Salary Inquiries of Job Applicants Can Not Adequately Address Gender-Based Pay Inequity. SAGE Open, 9(3), https://doi.org/10.1177/2158244019869106
Muhl, C.J. (2001, January). The Employment-at-will Doctrine: Three Major Exceptions. Monthly Labor Review, 3-11. Retrieved from Bureau of Labor Statistics website: https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
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
…
Q1
Annuities account for a great part of the protection one affords self against death. They do not follow the application of the law of large numbers as the law is traditionally utilized in life insurance. It has, therefore, been referred to as “upside-down life insurance.” When an annuitant passes away during the … 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……
References
References
Vaughan, E. J., & Vaughan, T. (2007). Fundamentals of risk and insurance. John Wiley & Sons.
Study Document
Principles Of American Democracy
… the Rights of Man to support and promote the ideas of the philosophical revolution that had gotten underway decades prior with Rousseau’s Social contract and the latter’s pursuit of naturalism in opposition to the Old World values, virtues and order.[endnoteRef:3] The problem that occurred in America was … was the issue of voting—the distinction between political and civil rights: “Political rights guaranteed equal participation; civil rights guaranteed equal treatment before the law in matters concerning marriage, property, and inheritance.”[endnoteRef:5] Today, the assumption is that people should have both civil and political rights and that these … of man than did Robespierre, who pushed for total equality and saw it as one of the noblest virtues of the revolution.
Natural law as summarized by Diderot in the middle of the 18th century in France had done enough to provoke outcry among the Old World … liberty. When the revolutionaries took……
References
References
Declaration of Independence. (1776). Retrieved from https://www.archives.gov/founding-docs/declaration-transcript
Rousseau, J. (2018). Retrieved from https://plato.stanford.edu/entries/rousseau/
Van Voris, J. (1996). Carrie Chapman Catt: A Public Life. New York City: Feminist Press at CUNY.
Hunt, L. (2016). "Introduction: The Revolutionary Origins of Human Rights." In The French Revolution and Human Rights: A Brief History with Documents, 2nd Edition, edited by Lynn Hunt, 1-31 (Boston: Bedford), 1.
Hunt, L. (2016). "Introduction: The Revolutionary Origins of Human Rights." In The French Revolution and Human Rights: A Brief History with Documents, 2nd Edition, edited by Lynn Hunt, 1-31 (Boston: Bedford), 5.
National Assembly. “Declaration of the Rights of Man and Citizen, 26 August 1789.” Liberte, Egalite, Fraternite. http://chnm.gmu.edu/revolution/exhibits/show/liberty--equality--fraternity/item/3216
Foote, S. (1958). The Civil War: Ft. Sumter to Perryville. NY: Random House.
Brutus No. 1. (1787). http://www.constitution.org/afp/brutus01.htm
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