Abstract In this paper, the writer examines a case study to determine if an individual was properly classified as an independent contractor rather than as an employee. The paper reviews concepts including unlawful termination and breach of implied contact for continuing employment.
From the Paper "We are presented with a scenario in which the key question is this: 'Is Mary properly classified as an independent contractor or an employee?' The IRS suggests that it is important to look at the amount of control the employer has over the individual. As a general rule the employer of an independent contractor has the right to control or direct only the result of the work done by an independent contractor and not the means and methods of accomplishing the result."
Tags: employer, employee, independent contractor, unlawful termiantion, discrimination, breach of impliedcontract, at will employment, breach of public policy, implied covenant of good faith and fair dealing
Abstract The paper reviews a contract case involving a young woman who has driven two of her co-workers to work for a number of months and who also drives her younger sibling to school each day. The paper outlines what aspects of traditional British and Canadian contract law are applicable and explores what obligations the driver has to each of the three individuals discussed above. The paper shows how oral contracts, while more difficult to enforce in a court of law, are nonetheless binding upon the parties involved and impose real terms and conditions that should be respected.
From the Paper ""Sally" is a person who drives to work each day. In so doing, she also brings along with her two co-workers, Mary and George. When she first started giving Mary and George rides to work, she was informed by Mary that the latter would pay her a certain sum of money each month to go towards the cost of gas and towards vehicle maintenance; Mary also told Sally that she would need a month's notice if the latter could not take her to work as she had trouble securing an alternative means of transportation. For his part, George did not offer Sally any money at the start, but the end of the first month did inform Sally that he would give her a certain amount of money each month for the "inconvenience" of having to drop by his house early each morning. Incidentally, Jason is Sally's younger brother and he promises to keep the car clean and "mechanically sound" if she will provide a lift each day."
Abstract This paper reviews and discusses various recent cyber-security breaches in the USA. The paper discusses each event, the method used to breach the cyber-security and the response. The paper focuses primarily on the case of Moonlight Maze, one of the most infamous cyber-attacks which occurred in the late 1990s.
From the Paper "The hackers were apparently working from a location in Russia, though this could not be definitively established due to the nature of the infiltration. All that is known for certain is that the hack into Department of Defense computers had been going on for more than a year and that it is entirely unclear how much information was made off with during that time. This is due in part to the fact that in addition to raiding information directly from the Pentagon, the hackers also used that point of entry to enter other sensitive systems throughout the US government. These included networks at nuclear research labs associated with the Energy Department, NASA, and numerous university research facilities (Drogin, 1999). Investigators reiterate that the attackers obtained no known classified information, but the general uncertainty surrounding Moonlight Maze makes this claim dubious at best."
Tags: infiltrations, sensitive, cyber-attack, computer, system, security, breach, hacker, russia
Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
Abstract This paper attempts to explore the capacity of minors in the United States to form contracts, to break contracts and their legal liabilities for doing so. The paper touches on issues including the rights of other parties to such a contract and the concept of emancipation of minors. The paper defines minors and age of majority and also presents a historical context.
From the Paper "The law of contracts is concerned with the rules governing legal agreements. Contractual capacity is the minimum competence required by law for a party who enters into a contract to be bound by it. Certain persons are not considered to have sufficient capacity to be bound to or by contracts they may sign. A minor is normally deemed not to have such capacity. A minor is a person who does not have the legal rights of an adult."
Abstract The paper explains how contracts serve as private agreements that have the purpose of ensuring that promises between two parties are carried out. Individuals enter into legal contracts willingly as a means of protecting their interests in whatever ventures the contract relates to. Furthermore, the paper explains that when contracts are signed, the parties traditionally believe that the agreement, if broken, will be enforced through the judicial system.
Abstract This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.
Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References
From the Paper "This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."
Abstract This paper examines the "The Social Contract" by Jean-Jacques Rousseau which argues that we are all born free and equal, yet do not live either freely or equally. It discusses the argument that the construction of the General Will is the means by which people can achieve freedom. The General Will is the social contract where all members of society agree to obey the General Will to be part of society. Rousseau argues that by this General Will, the separate wills of each member of society converge into one and that freedom is achieved because every citizen is equal, each being a single unit of the General Will and having the same amount of influence over it. It considers the implications of the General Will and the social contract and how Rousseau's version of freedom and equality may never be truly attained, however this may be a reality of a society, rather than a downfall in the theory.
From the Paper "Rousseau differentiates between two types of freedom, personal freedom and social freedom. Personal freedom is an individual's own selfish choices, where an individual will carry out only those actions that are of benefit to them. Social freedom is the freedom achieved when an individual carries out those actions that the General Will requires. Rousseau argues that social freedom must be achieved at the expense of personal freedom. This is the cost of being part of a society. Thus while an individual is born free, their freedom in society cannot exist until they give up their personal freedom. Giving up their personal freedom for social freedom, means all individuals act in accordance with what is best for society as a whole, not their own needs and wants. It is true in this, that individuals do give up freedom."
Tags: general, will, social, contract, individual, freedom, society
Abstract This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper "Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Abstract This paper is an answer to a legal hypothetical presented whereby Marshall would be obligated to Fletcher for the rent money he agreed to pay when he entered into a contract at the age of 17, but took steps after he reached the age of 18 to ratify the contract.
From the Paper "In the present case, Marshall entered into the contract to lease an apartment and pay one half of the rent with Fletcher paying the other half. "A contract is a legally binding agreement enforceable in a court of law"(Bennett, p. 1). For a contract to be valid it must meet certain requirements. The basic requirements are that there is a meeting of the minds, acceptance, and consideration. These three are present in this case. There is no suggestion in the hypothetical that Marshall did not know what the lease entailed, the length of time of the lease, or what portion of the lease he would be responsible for. "
Abstract This paper explores e-commerce and the legality of such translations that are increasing so rapidly. The paper examines the formation of electronics contract and discusses the position it holds in law. Case studies are included in the paper.
From the Paper "Amazon.co.uk is a web site company that sells books, DVDs, CD's, software and video games. In their terms and conditions, it says: Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Amazon.co.uk sends the e-mail to you (whether or not you receive that e-mail)?? As in the postal rule ? whether or not acceptance is received, it will be deemed to be an effective contract."
Abstract This paper discusses laws 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."
This paper discusses cases of product liability law, meaning manufacturers are responsible in civil liability court for damages arising from use of their products whenever a consumer suffers harm by virtue of a defect in the product.
Abstract This paper explains that the Uniform Commercial Code sets forth liability under the implied warranty of merchantability in states that have adopted only the Uniform Commercial Code instead of imposing strict liability negligence statutes for defective products. The author points out that, in states with strict liability statutes for defective products, tort liability is predicated on three specific types of defects: manufacturing defects; design defects; and failure to warn. The paper relates that, conversely, in states relying on the U.C.C., liability is predicated on contract law for breach of warranty.
From the Paper "Under contract theory, this express warranty would seem to trigger
liability for breach of warranty, in addition to strict liability under tort theory for failure to warn, one of the traditional avenues to establishing strict liability under California's definition of a defective product. Ordinarily, liability is a function of the absence of an adequate warning of potential danger. Mongo failed to provide any such warning and actually provided an express warranty as to the absence of any dangers "inherent" in cherry pies. Recent California case law would have required warnings even where the danger encountered by the consumer is natural to the product in question, such as a cherry pit in a cherry pie."
Abstract The paper discusses civil contracts and provides an example of a breach of contract lawsuit against a florist who provided the floral arrangement for the plaintiff's wedding. The paper explains that according to contract law, the plaintiff will probably not be entitled to any damages demanded.
Outline:
Topic Summary - Breach of Contract Application of Law
Opinion
From the Paper "Civil contracts require performance by both parties. Usually, but not always, one party to a civil contract agrees to perform a service or provide certain goods for which the other party agrees to pay an amount specified in the contract. Where one party refuses to perform his obligations required under the terms of a valid contract, this violation breaches the contract (Miller, 1988).
"Sometimes, a party performs the service or provides the goods specified by the contract, but a dispute arises between the parties concerning that performance. If the performance fails to meet certain elements of the contract, that is also considered a breach of contract, because the party paying for goods or services does not receive the goods or services actually specified under the contract. If the elements of the contracted goods or services not satisfied is considered a material term of the contract, that unsatisfactory performance is also a breach of contract (Miller, 1988)."
Abstract This paper discusses a breach-of-contract civil suit filed by Walt Disney/Buena Vista Home Entertainment against Blockbuster Video. Though the case was settled out-of-court through arbitration, this analysis discusses the details of the lawsuit and issues related to it and civil lawsuits.
Tags: videocassettes, revenue sharing, contract law, videos, plaintiff, burden of proof, legal system
