A contract is an agreement that is voluntarily entered into by two or more parties that specifically causes a legal obligation. Within the original contact there is, then, the expectation that all parties would perform as agreed unless the parties agree together to change the terms of the contract, or the actions of the party that deviates from the terms of the contract are ratified (implicitly accepted) by the other party (Blum, 2004, pp. 3-21). Contract and breach of contract has important implications for all organizations since contracts are so regularly applied (and implied) on a regular basis. For contracts to even exist, the intent must be that all parties honor the intent (Law Cards, 2004). In the case study, Nature of Agency, there are a number of issues relating to both contractual agreements and contract administration. In essence, Non-Linear Pro is taking legal action against Quick Takes Video for breach of leasing agreement. The indication is that issues pertaining to the equipment contracts have only devolved, despite the 8-year partnership between the two organizations. In fact, one of the Quick Takes executives is aghast with surprise when he learns of the lawsuit. Further, the validity of the pertinent legal issues comes into question when one looks at the way the contracts were managed and the product's internal manufacturing defect ratio. In legal terms, breach of contract is the concept that defines an action that was taken that disallows or dishonors a
The structure and agency debate is a common one in the field of sociology and different theorists come up with different ways of accounting for the actions of social actors. This essay takes the position that structuration solves the problem of this much contested debate. Initially key concepts and elements of structuration will be pointed out .These elements include structure, agency, social systems and power amongst many others. Subsequently, there will be engagement of a discussion of different schools of thought and finally it will be demonstrated how structuration prevails over the structure-agency debate.
A contract is an official agreement between two parties. There are different types of contract, such as sale and purchase of a business agreement, partnership agreements, lease of business premises, lease of plant and equipment and employment agreements. The format can vary too. It can be face to face, written, or distance selling. The specifications of a contract involve offer and acceptance, the intention to create legal relations, lawful considerations, capacity and legal formalities such as terms and conditions.
A contract is a legally obligatory promise or set of promises (Bagley, C. 2013). If this promise is broken, either party involved can be legally responsible and take the other party to court. There are four basic elements in the creation of a valid contract. The first consist of an agreement between the parties involved, by an presented offer and acceptance. The second states that the parties’ promises must be supported by something of worth, known as consideration. The third advises both parties must have the ability to enter into a contract. The fourth element states the contract must have a legal purpose (Bagley, C 2013).
Contract law has set out to provide a healthy trade environment. Contracts are promises enforced by the law, with the support of something of value that has a legal purpose. It is an agreement between parties, formed by the elements: offer and acceptance, with all parties having the capacity to perform obligations enforceable by law. There are instances where the enforcement of a contract would bring about gains or losses to society and commerce.
A contract is an enforceable promise between parties. The parties to any contract must perform according to the relevant and required standards. This includes substantial performance of the services promised, complete or strict performance and personal satisfaction. Failure to perform as required is a breach, which is a compensable injury. Several defenses exist as a result of contract breach. This may include, statute of limitation, statute of frauds requirement for writing, fraud, mistake done during contract performance, lack of good capacity and unconscious ability.
A contract is an agreement between and offeror, and an offeree, that can be enforceable by a court of law or equity (Cheeseman, 2010). A contract consists of the following elements; agreement, consideration, contractual capacity, and lawful object. Understanding each of these elements is of the utmost importance to ensure that each party involved has a good understanding of what is expected from one another.
A contract in its essence according to Davitt is “a union of two or more persons, originating in their mutual promises enforceable in law, for the reordering of their relations of title, duty and claim regarding something to be done or not to be done.” Id. at 273. The tricky part concerns what a mutual promise enforceable in law entails. As stated above, there are many difference schools of thought about what fills in the gaps of promises and what is enforceable by law.
The relationship between structure and agency is a key discussion point in sociology. The concept was brought to life by the sociologist Georg Simmel, but has been discussed by many other famous theorists, such as Emile Durkheim and Max Weber. The partnership between structure and agency are crucial to the development of society, and the process of individualization.
Contract is defined as an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. For purposes of this chapter, we are concerned with agreements to buy and sell some type of agricultural product. Contracts 101 You should be concerned about contract law because it determines how parties to the contract will need to keep the promises they make. Although very few contracts ever end up in court, if the parties to a contract disagree on something and are unable to resolve the disagreement, they may have to resort to the judicial process. This means that as the parties negotiate a contract, they need to consider how a judge might ultimately interpret it. For a contract to be enforceable, it must involve:
A contract is an arrangement between two or more parties that creates rights and obligations to each party. The essential parts of a contract are as follows:
for it to qualify as a proper contract in the eyes of the law: offer
This interview allowed me to learn more about the agency side of things in and outpatient setting. I was able to interview and speak with the manager, which is their administrator at Psychology Associates and speak with one of their LPC’s about the agency side of things. Sandra is the manager and Jessica is one of the LPC’s for this agency they were both agreed and stated that this particular outpatient clinic sees all ages of clients. They also see clients from the pain clinic. Basically the pain clinic of Meridian has to refer their clients to Psychology Associate’s Psychologist so that he can test and evaluate whether the client can begin pain treatments or not. I thought that was very interesting, but also very important to that
A contract is an agreement made with an intention of legal rights and obligations which the law will enforce. It contains the agreement, consideration and intention. It also have some other things to consider, like capacity of parties, genuine consent or legality of object.
A contract is a written or spoken agreement between two or more parties that involves the exchange of two promises, which is intended to be enforceable by law. The four basic elements are the offer, consideration, acceptance, and mutuality. When elements are broken down individually, each one is just as important as the next. If one of these elements are broken or misunderstood, it could mean result in the contractual agreement becoming not valid and end in lawsuit. The overall purpose of the contract is for legal purpose and to keep a order within an agreement.
Agency costs are inevitable within an organization whenever shareholders are not completely in charge; the cost can usually be best spent on providing proper material incentives and moral incentives for agents to properly execute their duties, thereby aligning the interests of shareholders (owners) and agents.