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s 4 Contracts
s 4 Contracts

... is an invitation to treat - the proposal is made when the customer select the goods and brought it to the counter for payment. When payment is made, offer is said to be accepted and the contract is concluded.  Auctioneer inviting bids for a particular article – auctioneer invites people who present ...
additional insured – controlling interest
additional insured – controlling interest

... organization(s) shown in the Schedule, but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. However: 1. The insurance afforded to such additional insured only applies to the ...
Consideration
Consideration

... a. an agreement to substitute a contractual obligation for some other type of legal action based on a valid claim. b. used only by medical doctors in malpractice cases. c. against public policy. d. permitted only if the party involved is represented by an attorney. ...
Presentation Contract Negotiations Jan 2014
Presentation Contract Negotiations Jan 2014

... “Negotiation often requires stepping into the shoes of the other." Contract Negotiation: Process of give and take between two or more parties to reach an agreement. The Business Side vs. the Legal Side of Negotiations Contract negotiations have two distinct stages: negotiation of the basic business ...
HOW THE TEXAS ANTI-INDEMNITY ACT AFFECTS RISK
HOW THE TEXAS ANTI-INDEMNITY ACT AFFECTS RISK

... Will the Fair Notice Doctrine die off? ...
FLSA Changes PowerPoint -CALS 5-24
FLSA Changes PowerPoint -CALS 5-24

... from overtime will increase from $455 per week ($23,660 annually) to $913 per week ($47,476). ...
81(R) SB 481 - Committee Report (Unamended) version
81(R) SB 481 - Committee Report (Unamended) version

... Contract carriers transport train operating crews to and from trains and between terminals. Railroads often save money by using the services of outside vendors as contract carriers. Generally, the vehicle a contract carrier uses is a small passenger van designed to transport eight or fewer passenger ...
Form: Notice of suspension by employer for serious misconduct
Form: Notice of suspension by employer for serious misconduct

... suspension notice). The attached form can be used for this purpose. The suspension notice must:  state that the training contract has been suspended on the grounds that the apprentice has engaged in serious misconduct;  state when the suspension takes effect (this must take place after the apprent ...
additional insured – grantor of franchise
additional insured – grantor of franchise

... Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as grantor of a fra ...
Relocation Moving Expense Agreement
Relocation Moving Expense Agreement

... SSU, for the purpose of securing all amounts due under Section 4 above, and Employee authorizes SSU to withhold all amounts so due from the sum payable to Employee by SSU. Employee waives all exemptions, which may apply to any amounts so due. Employee agrees to pay to SSU upon request any amount whi ...
Clarkson-11e: Case Problem with Sample Answer
Clarkson-11e: Case Problem with Sample Answer

... contract, among other claims, seeking consequential damages. Trane filed a motion for summary judgment, based on the limitation-of-remedies clause. What are consequential damages? Can these be limited in some circumstances? Is the clause valid in this case? Explain. [Eaton Corp. v. Trane Carolina Pl ...
Warranty Cases
Warranty Cases

... and resulted in merchandise that was unsalable. The plaintiff argues that there was sufficient evidence that an agreement existed between the two parties and that the defendant had broken their contract. Decision: The UCC states that a contract exists where there is conduct by both parties that reco ...
An Overview Of The Legal Aspects of Concession
An Overview Of The Legal Aspects of Concession

... economic equilibrium will be maintained throughout the long term of the concession. The concept of economic equilibrium is well established under the public works law of Colombia and other Latin American countries. This legal doctrine is one that applies to long term contracts wherein, during the te ...
Chapter 17: Management of Employee Conduct: Agency
Chapter 17: Management of Employee Conduct: Agency

... - Hence, most signed fairly restrictive covenants not to compete. 3- Duty of Obedience: - An agent is required to operate according to the principal’s standards and instructions, or else the agent would be held personally liable for the conduct. - An agent is not required to do anything criminally w ...
Chapter 1 – Malaysian Legal System
Chapter 1 – Malaysian Legal System

... • An exemption clause may be defined as a term of a contract that attempts either: – To modify the principal obligation or obligations arising under the contract of that particular type or – To limit or exclude the liability of a party which would otherwise arise as a result of a breach by that part ...
Redeployment Trial Period Guidelines
Redeployment Trial Period Guidelines

... the skills and performance standards required this must be recorded and the employee advised that their employment will be terminated. The employee will be treated as if dismissed on the date when his or her employment under the previous contract ended. The employee should be advised that they will ...
equity in building c..
equity in building c..

... EQUITY IN BUILDING CONTRACT IN NIGERIA There was no prior oral agreement of which the term on external repairs had been part, but which ten had been let out in the later least document. It is not necessary that the prior oral agreement should have been a legally binding one. it is sufficient even t ...
Executive Benefit Planning and Business Protection
Executive Benefit Planning and Business Protection

... Often called “executive bonus plans,” section 162 plans are a simple way to reward top executives. Under this type of plan, an executive purchases a permanent life insurance policy on his or her life. The employer bonuses the employee the premium, which is usually taxable income to the employee and ...
Contract of Service versus Contract for Service
Contract of Service versus Contract for Service

... criterion are duration/ permanency of relationship, degree of reliance, closeness; degree of exclusivity Statute: Ontario Labor Relations Board lists: use of, or right to use substitutes; ownership of tools, supply of materials; evidence of entrepreneurial activity; selling of one’s services to the ...
1. A framework for Intl Business Negotiations
1. A framework for Intl Business Negotiations

... “A good agreement is one which leads to successful implementation. There are many examples of firms getting into trouble because they could not implement the contract conditions of particular deal. therefore, in some cases, no agreement may be a better outcome for the firm. A good outcome benefits b ...
1 Contract Theory and Policy (LAW 790C) Professor Keith A. Rowley
1 Contract Theory and Policy (LAW 790C) Professor Keith A. Rowley

... Thanks to a standardized law library cataloging system that was conceived long before this law school opened, contract theory books can be housed in at least three different places in the collection: (1) in the K 800s, with other legal theory/jurisprudence books; (2) in the KF 800s, with the more "d ...
Business Law Chapter 4: Consideration
Business Law Chapter 4: Consideration

... contract terms that they choose, as long as the contract does not involve fraud, duress or undue influence over one party, or a contract that is void for public policy reasons. ...
Business Law
Business Law

... • An offer expires by its own terms, or after a reasonable period of time. • A ‘reasonable period of time’ depends on all of the surrounding circumstances in a particular case. ...
Sample alcohol and drug policy (DOC, 16K)
Sample alcohol and drug policy (DOC, 16K)

... employee the opportunity to seek an outside assessment of the problem and, if necessary, treatment from an appropriate agency. The designated person will make clear to the employee that during any period of treatment all benefits and rights laid down in the contract of employment will be safe-guarde ...
Three Common Topics
Three Common Topics

... Lack of consideration for the unilateral and unrestricted right to terminate creates an illusory contract Allows buyer to end contract (breach) with no penalty or consideration Suggestion is that consideration should be more than nominal ...
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Non-compete clause

A non-compete clause (often NCC), or covenant not to compete (CNC), is a term used in contract law under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). Some courts refer to these as ""restrictive covenants."" As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or starting a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. However, an over-broad CNC may prevent an employee from working elsewhere at all. English common law originally held any such constraint to be unenforceable under the public policy doctrine. Contemporary case law permits exceptions, but generally will only enforce CNCs to the extent necessary to protect the employer. Most jurisdictions in which such contracts have been examined by the courts have deemed CNCs to be legally binding so long as the clause contains reasonable limitations as to the geographical area and time period in which an employee of a company may not compete.The extent to which non-compete clauses are legally allowed varies per jurisdiction. Some jurisdictions, such as the state of California in the US, invalidate non-compete-clauses for all but equity stakeholders in businesses.
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