Abstract This paper examines and analyzes pre-contractual misrepresentation, and notes that there is little choice in available remedy for the innocent recipient of a pre-contractual misrepresentation unless negligence or fraud are involved.
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 explains that foreign direct investment includes equity investment, both wholly foreign-owned and joint venture investment; contractual investment, including contractual joint ventures and oil exploration ventures; and other forms of activities, such as compensation trade, processing and assembling arrangements, and international leasing. The author points out that the purpose of foreign direct investment is to boost the economies of the host nation while providing the foreign nation with a means of investment, which is both lucrative and efficient, allowing countries to share ideas, increasing awareness of foreign markets, and developing valuable business skills. The paper relates problems involved in assessing the impact of inward investment on any individual host nation and states that the main reasons for such problems are strict labor, product, and market rules.
Table of Contents
Introduction
Overview of Foreign Direct Investment
Cost and Benefits Associated with Foreign Direct Investment
The Stability of Foreign Direct Investment
Benefit
Costs
Stimulation of National Economy
Benefits
Costs
Development of Infrastructure and Shared Technology
Benefits
Costs
Crowding In and Crowding Out
Benefits
Costs
Assessing the Impact of Inward Investment on Any Individual Host Nation
Conclusion
From the Paper "Although the transfer of technology can be beneficial to the economy of the host country, it can also be detrimental if the businesses in the host country or the culture of the host country are not prepared to deal with these new technologies. The Earth Summit report explains that the technology that foreign firms utilize may be inappropriate for the local needs of the host country. These technologies may also require a great deal of investment capital and negatively affect small businesses because they will not be able to adapt to the changing technological climate. In addition, the external changes that may occur may not be an improvement over the already existing approaches."
Abstract This paper analyzes the various ways that Prince was made subservient to contractual demands by the major recording company, Warner Brothers. It discusses the extent of Prince's contractual obligations and examines how they virtually entrapped him into an epic decade long contract. The paper then looks at how this contract limited his ability to make profits off of his albums sales.
From the Paper "In conclusion, the record industry hegemony of Warner Brothers acted as an agent of corporate greed, which disallowed Prince to make the money he surely deserved. This type of corporate hegemony also forced Prince to sign long term record deals, which virtually enslaved the artist under restrictive and non-profitable conditions. This study also briefly shows the independent business side of Prince that provides the reasons why prince had chosen to reject the terms provided in his contracts. Furthermore, Prince would often be categorized as "black music", which was a part of the racist hegemony of the record companies to pigeonhole artists into narrow categories. Prince decided to resist and deny this type of limited identity, defining his rebellious role as a subservient artist beneath the corporate hegemony of Warner Brothers records."
An argument as to why it is difficult to apply, with any uncertainty, contractual and tortious principles to issues concerning allegedly defective software.
2,230 words (approx. 8.9 pages), 30 sources, 2000, $ 69.95
Abstract Introduction
Software Licence Agreements, within the "Tort of
Negligence", and Implied and Express Terms
Defective Software and the Economic and Potential
Liabilities
Conclusions
From the Paper "Computers and IT have become embedded into our daily lives. Incompetence of a system or its failure can lead to adverse effects on people's lives and this is where software producers have to inadvertently take "responsibility" of the systems they build and the software that operates them. Any economic loss or physical harm cannot be excluded from a contract, unless it is "reasonable" and "rightfully justified""
Abstract A paper which shows how Oxford University Prof. Anthony De Jasay presents an extremely negative view of the modern constitutional, contractual state in his book "The State". The author of the paper shows that the issues De Jasay raises in his book are both relevant and pertinent to some of the philosophical difficulties of government afflicting the modern United States and modern states across the globe.
From the Paper "De Jasay, over the course of his analysis, presents a rather interesting view of the nature of the state as a governing entity. Within his metaphor of the chastity belt with the key lies the assumption that the government, i.e. the state, exists in a perpetual state of desire. The state by its very nature, like a knight of old wishing keep his lovely wife's virtue safe while he is away doing battle, desires to keep safe individual liberties that ensure the perpetuation of citizen's liberties and that the state's very free and open nature remain intact and untouched. Yet also that same state has the desire penetrate (for lack of a better word) the individual freedoms of the populace. To prevent rampant penetration of individual liberties, a constitution is put into place that prevents rights from being impinged upon, but that constitution is state-created and thus has a key."
Abstract This paper briefly reviews the contractual arrangement between Sid and Bob vis-a-vis an extension to the former's house. This paper argues that Bob entered into a legally-binding oral contract and he must provide some form of redress to Sid. The paper also suggests that a third-party, Ed, is not legally culpable for breaching a contract made between he and Bob.
From the Paper "The law of the United Kingdom is understandably complex. This paper will examine one of the subtleties of British law by reviewing the case of Bob the Builder and his strained relationship with a former client. Specifically, this paper will examine the key issues of the case, any misrepresentation that resulted from the dealings between Bob and Sid, and provide a conclusion that sums up the case. In the final analysis, it may be said that this situation is a classic example of what happens when otherwise intelligent people fail to plan ahead. Let us first proceed by examining the steps that led up to the present situation. To begin with, Sid entered into an agreement with Bob whereby the latter promised to build an extension onto the former's home by December 15."
Abstract The author of this paper feels that the general approach to addressing privacy on the internet has led to a debate between government and self-regulation with technology only providing a modest recourse. He feels that any attempt to address privacy concerns will depend on the very institutions that have been pitted aginst each other. This papers evaluates the rationale for each of these approches and concludes by presenting a interdependence model for regulating privacy on the internet.
From the Paper "Before its demise two years back, Toysmart.com made a standard promise to its customers: The Company's privacy statement assured customers that Toysmart would never sell information registered at the site, including children's names and birth dates. But in the liquidation proceedings, Toysmart.com declared that its customer lists were business assets and therefore it was allowed to sell the lists to a "qualified buyer" that would be a successor-in-interest to the customer information (Doherty, 2001). DoubleClick is an Internet advertising company that tracks Internet user behavior in order to better target banner ads. Not only did DoubleClick deceive consumers by claiming in multiple earlier privacy policies that information collected would remain anonymous, the company also unfairly collected and linked information about Internet users without their knowledge or control. Elensys Inc., a Woburn, Massachusetts company had been secretly collecting the pharmacy records of millions of consumers from 15,000 pharmacies nationwide a deed which won them the infamous Big Brother Award. The above examples are just one of the few brought out in the public light revealing the utter disdain with which corporations deal with consumers personal data. These organizations while raking in huge profits bombard consumers with massive loads of unwanted spam while strategically selling on data to unknown third parties, where it gets aggregated along with other databases for the purpose of online profiling. The rapid advances in new intelligence gathering technologies, and their almost limitless spectrum of functions, creates a buoyant surveillance economy. It is known that on an average, each adult in the developed world is located in 200 computer databases (Davies, Unknown). Such facts present an increasingly dangerous ground for privacy conscious consumers to tread on."
Abstract The paper examines the book "Giovanni and Lusanna: Love and Marriage in Renaissance Florence" by Gene Brucker which discusses the contractual aspects of marriage that arise from the financial elements of the union of two families. In the book, Lusanna, who had been widowed, sued Giovanni - an aristocrat and her social better by at least one class - by seeking formal recognition of their union, of the secret "marriage" that the two of them had enjoyed. The paper shows that in challenging Giovanni's right to set the conditions of their relationship, Lusanna was challenging the rights socially acknowledged to him by virtue of his wealth, his gender and his class.
From the Paper "For Lusanna loved Giovanni, and he loved her as well ? their affair is tempestuous and passionate, if also touched by tragedy at times. It is the story of two classes, two genders, two ways of seeing the world coming into conflict with each other ? with the easily predictable result that the far more powerful side would win. But it is also a story of two people who love each other but who find themselves pulled apart ? both because of the nature of the structure of the society in which they live and because of their own natures."
One of the major areas affecting a company in terms of ethics, profitability and image is the area of corporate product responsibility. In the past few years, there has been an outcry from consumer protection agencies arguing that the wrongs against the buyer pervade American commercial practice.. Upon closer examination, corporations are taking strong action to put safeguards in place that protect consumers. If a consumer misuses a product, the corporation should not be held responsible.
Consumer analysts argue that product safety accidents affect millions of people. A recent analysis indicated that on an annual basis over 272,000 people were mangled and 289 were killed..."
This paper discusses the theories of the French sociologist Emile Durkheim who saw society as a reality in its own right and identified patterns to the experiences of individuals.
Abstract This paper states that the totality of beliefs and sentiments common to average citizens of the same society forms a determinant system which has its own life and can be a collective or common conscience. The author believes that Durkheim departs from Marx by arguing that organic solidarity in modern society is due in large measure to the division of labor. The author compares Durkheim to Adam Smith by theorizing the contractual relations or exchanges necessarily developing with the division of labor.
From the Paper "Durkheim was more deeply worried about the lack of intermediate groups between the individual worker and the impersonal forces of government and business than was Marx. It was his position that while a division of labor was inevitable in any society because of both the disparate talents of individuals and the multiplicity of tasks that needed to be performed to maintain society, a negative organic solidarity leading to conflict could be created."
Abstract The paper looks in detail at ways information consultancy companies can provide better solutions for their clients. It highlights the requirements for a successful business as well as showing the pitfalls many firms encounter. The paper analyzes the importance of evaluating the user's requirements, planning the project properly as well as hiring capable and experienced personnel to manage the projects.
Introduction
The Problem
Historical Perspective
Why Projects Fail
Securing User Requirements
Containment of Cost
Getting Quality Work
Communication
Planning
Resistance to Change
The "Should Be" Condition
The Sales Perspective
Contractually Speaking
Managing the Project
Conclusion
References
Attachment I: Sample Brochure
From the Paper "The information systems consulting industry has fallen on hard times. People inside of this industry say that it is because of the economy and the meltdown of the dot-com companies. The reality is that these same people brought much of this problem on themselves through their own self-defeating behavior, and refusal to practice some business basics.
Instead of simply building web-sites and solving the immediate problems identified by their clients, they instead built "end-to-end solutions" that were intended to save the client from getting crushed in the new global economy (King, 2001, p. 64). They created an atmosphere of fear and in many cases oversold their capabilities. When it came time to deliver, their output very often fell short of client expectations."
Tags: business, economy, sales, software, development
Abstract This paer demonstrates how the system was based on a contractual agreement between the King and his lords concerning land and mutual favours. Lords who received land often paid for it by providing military service to defend the King.
Abstract The following paper discusses the traditional role of the trade union, and its justification and/or weaknesses. It will explore the role that the union has, and what are their prospects in the current "contractual" mode of industrial relations.
Abstract This paper will consider the question as to whether or not homosexuals ought to have the same civil and contractual/legal rights as heterosexual persons. This paper will explore this by analyzing, through moral philosophy, a rationale for the difference between heterosexuals and homosexuals and specifically, for the ways these differences are used to deny rights to legal marriage, adoption of children and/or custody of children and to share as a legal partner in loss and insurance claims. Moral theory might help to frame an inquiry into how this works, in a civil society. To explore this, with the intention of arriving at an answer to the question, we will first refer to Hobbes' arguments for a law of social contracts, followed by a consideration of Kant's moral imperatives and concluding with a closer reading of Locke's notes on identity and diversity.
