A discussion of the law of contract in Canada, especially laws that apply to breach of contract.
Essay # 100760 |
1,347 words (
approx. 5.4 pages ) |
4 sources |
APA | 2008
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$ 27.95
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Abstract
This paper discusses laws in Canada that apply to breach of contract, related to an interview the writer conducted with Mr. James Pflanz (a lawyer specializing in small business issues). The writer explains how the law of contract is part of private law, and is designed to make sure that parties to a contract keep their promises to each other, and to provide remedies if parties do not keep their promises. The writer further discusses how in the case of partial or complete breach of contract, the wronged party may use contract law to try and get a remedy, which is usually damages. The writer asserts that it is very important in business to have a really good contract drawn up by a lawyer, so that a party does not suffer undue losses due to breach of a poorly written contract.
From the Paper
"One of the main purposes of contract law is to promote cooperation between parties, and make them keep their promises to each other. When parties cooperate and keep their promises, they can achieve success. However, if they do not work together and cooperate, or if they break their promise, then things can go very wrong. Money may be lost, and it may become a situation where the different parties blame each other for losses. Or else, it may be that a party does not do what they were supposed to do, or do it properly. In this situation, the law of contract lays down ways in which the wronged party can sue for breach of contract. This is the kind of situation I uncovered in a personal interview with Mr. James Pflanz, a lawyer specializing in small business issues."
Tags:private, law, promises, money, business, lawyer
An examination of the extent to which the doctrine of fundamental breach should apply to exclusion clauses and limitation clauses and whether reform in the area is needed.
Analytical Essay # 149072 |
3,353 words (
approx. 13.4 pages ) |
22 sources |
MLA | 2010
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$ 57.95
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The paper relates that the Irish and UK courts' application of the doctrine of fundamental breach has been by no means consistent. The paper defines fundamental breach, briefly analyzes the history of its application and distinguishes between the types of contract that exist, specifically the difference between consumer and commercial contracts. The paper summarizes the development of the law to-date by considering the role of the courts in contract law and analyzing whether Clayton Love needs to be reconsidered. Finally, the paper explores avenues of reform of the doctrine.
From the Paper
"It is clear that a distinction has been drawn between contracts made with consumers and contracts between commercial entities. Already it has been seen that this has been alluded to by Ms. Justice Finlay Geoghegan in ESL Consulting Services Ltd. v. Verizon (Ireland) Ltd. and Verizon (UK) Ltd. and indeed Irish legislative authorities would seem to suggest that these contracts should be treated separately by the courts. The two principle pieces of legislation in question are the Sale of Goods and Supply of Services Act 1980 and the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (SI No. 27 of 1995). Like the Unfair Contract Terms Act 1977 in the UK, they are far less concerned with commercial contracts than they are with the consumer. The Sale of Goods Act 1980 in particular emphasises the importance of the strength of bargaining power, and gives particular protection to the consumer because they tend not to enjoy an equal bargaining power to that of the person or business with which they are entering a contract. This is but one of a number of factors taken into account by the legislation in its 'fair and reasonable' test for contractual terms, others including the availability of alternate sources for the goods or service required and whether or not there was an inducement to enter the contract."
Tags:contract, law, Clayton, Love, consumers, commercial, entities
An analysis of the reasons for and the realities of breach of accountability within law enforcement.
Term Paper # 105379 |
1,210 words (
approx. 4.8 pages ) |
5 sources |
MLA | 2008
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$ 24.95
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This paper discusses breach of accountability within law enforcement over the past two decades. It looks at issues such as police brutality, corruption and other forms of unethical behavior. The paper then discusses the reasons that such breaches of accountability occur and how they reflect negatively upon law enforcement institutions and specific policy agencies.
From the Paper
"The implication for the entire police organization at Dallas is that this is a massive undertaking to defraud the criminal justice system. If it has perpetuated for so long it must be an institutionalized problem because many officers must have known of what was happening. The organization may not be judged as completely corrupt, but inattentive at an administrative level. It can also be said that the entire organization has inadequate monitoring and hiring procedures because many of their police officers were shown to be racist. All of these actions reflect negatively upon them to show that in general this police department is ineptly run and monitored. Police corruption has been rampant within Texas for some time and there have been many such instances of criminalized activity within the police department."
Tags:administration commissioner, criminal justice, brutality police
This paper looks at contract law and concentrates on the issue of breach of contract in Canada.
Analytical Essay # 130924 |
1,250 words (
approx. 5 pages ) |
0 sources |
APA |
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$ 25.95
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In this article, the writer discusses that businesses in Canada are bound by many laws. Important among these are contract law, as these govern the contracts that businesses make with each other, and with private persons. This essay discusses the law of contract, and especially laws that apply to breach of contract.
From the Paper
"This will be related to an interview I conducted with Mr. James Pflanz, who is a lawyer specializing in small business issues. The main purpose of contract law in our society has been summarized in this way: Civilized societies promote cooperation, and few institutions do so more ..."
Tags:law, justice, equality
A review and analysis of the book "Breach of Faith" by Jed Horne.
Book Review # 118456 |
2,297 words (
approx. 9.2 pages ) |
2 sources |
APA | 2010
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$ 42.95
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The paper examines how "Breach of Faith", an objective account of the problems that arose in the aftermath of Hurricane Katrina, illustrates how a natural disaster turned into a human disaster. The paper explores Horne's depictions of how the pre-existing problems in New Orleans' infrastructures, such as the lack of effective responses from emergency services and the failure of the government to enforce the law, exacerbated the problems of Katrina once the initial natural damage had struck. The paper evaluates the book's main elements and notes the excellent reporting and contextual analysis of the narrative.
Outline:
Introduction
Overview
Examination: Important Elements
Evaluation
From the Paper
"The author's main point is how a natural disaster turned into a human disaster. The natural disaster of Katrina was clear: it had a physical impact and physical results. The human disaster lay in the amount of destruction it caused. People in New Orleans either did not believe in the threat, and were not scared of the threat because of sitting through previous hurricanes. Further, the infrastructure breakdown in the aftermath that led to looting and lawlessness, and the disaster of the Superdome where so many people were staying for shelter in the dark, further compounded the natural disaster. The story recounts the human sides of the story, and how the human drama and stories were exacerbated by the unpreparedness and insufficiency of the support systems that were in place at the time."
Tags:Hurricane, Katrina, diaster, damage, emergency, services, infrastructures, preparedness
A complete discussion of the prominence of Boston in the eventual breach with England.
Research Paper # 69778 |
3,680 words (
approx. 14.7 pages ) |
14 sources |
APA | 2005
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$ 61.95
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A complete discussion of the prominence of the city of Boston in the eventual breach and Colonial rebellion with England, including some of the important personages of Boston, and traditions and qualities of Boston that contributed to the break is provided in essay format. The paper looks at the impact of the Boston Massacre and Boston Tea Party.
From the Paper
"The breach with England that preceded the American Revolution fomented primarily in Massachusetts and New England particularly Boston..."
Tags:John Adams, Sam Adams, Ben Franklin, King George III, American Revolution, Boston Massacre, Boston Tea Party, taxation, Parliament, representation, colonies, colonists, independence, self-governance, politics
An analysis of the case where EndZone Inc. sued Maverick Sports Co. for breach of contract.
Case Study # 149283 |
880 words (
approx. 3.5 pages ) |
1 source |
MLA | 2011
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$ 18.95
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The paper discusses two main issues in this case; the first is the question of whether the oral agreement between the two companies constitutes a valid contract, and the second is whether the email confirmation sent by EndZone to Maverick constitutes validation of the agreement in writing. The paper addresses the legal concepts surrounding agreements and contracts and reaches the conclusion that in this situation, Maverick is correct, since an agreement was made, rather than an enforceable oral contract.
From the Paper
"The intent to create legal relations is central to the issue of whether or not the agreement is considered a valid contract. Typically, a contract will be the written version of the agreement. An agreement without a contract is often not enforceable by law. The intent to create legal relations in this instance is clear on the part of EndZone, as per their email, but is not clear on the part of Maverick. The email iterates the consideration, timing and price contained within the agreement. However, EndZone would need to prove that Maverick has agreed to these terms. Maverick did not respond to the email, and only purchased $1000 worth of goods over that time period. EndZone must provide a preponderance of evidence and it is unlikely that a sent email, unresponded to, and allegation of an oral agreement are unlikely to constitute that preponderance. Given that EndZone will be unable to demonstrate clear consideration in the form specific products and specific prices for those products, they will be unable to prove a contract, but rather only an agreement. The agreement would in theory be followed up with a contract that outlined the specifics, but this has not happened."
Tags:agreement, email, confirmation
A look at the consequences of a computer security breach for a company.
Analytical Essay # 140242 |
750 words (
approx. 3 pages ) |
2 sources |
APA |
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$ 16.95
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This paper describes and analyzes a scenario wherein a technician receives an alert from the computer Intrusion Detection System (IDS) informing him or her that someone is attempting to connect repeatedly to one of his company's computer ports. The paper further explains that whilst the technician is sitting at his or her terminal absorbing this information, the mouse pointer begins to move around on its own. The paper notes that a correct response is imperative and the paper further outlines what that response should be.
From the Paper
"The following paper will briefly consider a scenario wherein a technician receives an alert from the computer IDS (Intrusion Detection System) informing him or her that someone is attempting to connect repeatedly to port 3389 of the computer at 192.168.2.124; whilst the technician is sitting at his or her terminal absorbing this information, the mouse pointer begins to move around on its own. Needless to say, a correct response is imperative and the next few pages will outline what that response should be. To start with, the mental approach should be as follows - according to..."
Tags:risk, management, security
An in-depth study of employee and employer behaviors in the context of psychological breach or violation of contract.
Research Paper # 105455 |
18,658 words (
approx. 74.6 pages ) |
112 sources |
APA | 2008
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$ 199.95
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The paper's research addresses business downsizing from the employees' point of view. The paper reviews the literature and examines individuals in a local company through surveys. The paper utilizes these results to determine whether these workers feel that they have been 'cheated' by the company that they work/worked for. The paper discusses how, when companies downsize, it is not only the people that are forced to leave that get hurt, but those that remain are also often left feeling anxious about whether they will be able to keep their jobs. The paper shows how this can cause strain that can lead to both mental and physical health problems.
Outline:
Chapter I: Introduction
Chapter II: Literature Review
Chapter III: Methodology
Chapter IV: Collected Data Analysis
Chapter V: Conclusions and Recommendations
From the Paper
"The breaching of a contract is a serious concern, but recent talk of this issue has also dealt with the perceived breach of a psychological contract. This can come from companies that are unstable, and often does, but it also comes from companies that have stability but yet must make changes that the employee or employees did not expect. The largest breach of psychological contract which will be addressed in this paper, is downsizing, but there are other ways that psychological contracts can be breached or perceived as such, and they will be discussed as well. This will help to determine how this breach of psychological contract makes these individuals feel in regards to their employer."
Tags:downsizing, stress, coping, job, satisfaction, behavioral, problems, leadership, transformational, transactional, conflict
This paper discusses a complaint of wrongful discharge in which the plaintiffs were employees of Kerr-McGee Corporation.
Analytical Essay # 123682 |
750 words (
approx. 3 pages ) |
4 sources |
APA | 2008
|
$ 16.95
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In this article, the writer presents a case brief on employees suing Kerr-McGee Corporation for breach of contract. The writer explains that the main issues of the employees are wrongful discharge and breach of contract and at will employment.
From the Paper
"Plaintiff employees brought action against defendant employer for wrongful discharge alleging diversity jurisdiction and asserting three causes of action under Wyoming law including breach of contract breach of implied covenant of ..."
Tags:Case brief, business law, employment, wrongful discharge