Existing Contractual Duty

The first argument is supported from the Transport Workers Airlines Award 1988 similar to the case of Mallinson and Scottish Australian Investment Co Ltd 'where an employee tried to recover in the New South Wales District Courts the difference between the award rate and the lesser amount which he had been paid.'

Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.

Kellerher Funeral Home, Inc. is claiming that a breach of contract has occurred in as much as the work completed by Gonzaga Construction was of sufficiently poor quality as to require rework that cost $4,700. Further, though Kellerher controlled the delays in construction due to his need to continue business operations, he is charging that the lost profit is due to construction delays brought about by Gonazaga's work on the site. The contract language did not stipulate how the interests of the going concern would be balanced against construction project schedule. Indeed, no date of completion was specified in the contract, and a two-week interim between the filing and the commencement of construction is a reasonable period of time for material procurement and arranging for labor. Moreover, the poor workmanship allegation was not communicated during the construction project, leaving Gonzaga with no opportunity to correct any problems with workmanship. For both parties to the contract, it is generally understood that a business contract agreement for services includes some intangibles, such as cooperation, quality of work, reliable communication, experience, and so forth. An essential element in a contract is consideration, which refers to a benefit to the promisor or a detriment to the promise. In other words, consideration is an exchange that is bargained for in the present in return for

This paper is composed for the individual assignment for week 1 of the MBA 633 Legal Issues in the Workplace course. The topic for this assignment consists of the four sources of law used to govern businesses and how disputes can be settled. I will be providing short answers to questions related to the four sources of law.

The fourth standard is the comprehension issue. Before the waiver can be delivered, then the judge must be sure that the

•Under Appeal, should not the Appeal's Board be the determiners of whether the clause is implemented.

The parties that were involved in this case was White, Darryl John (appellant/respondent) and Woolcock, Richard Bruce (respondent/applicant/appellant).

Australia has not yet committed itself to a definitive principle of good faith in contract law. Unlike the legal systems in Europe and the United States, Australia does not demand an explicit legal prerequisite of good faith to form a contract.[1] Decisions in different jurisdictions have however considered the validity of the values identified in the doctrine of good faith within contract law, such as loyalty, honesty and cooperation. Good faith is valuable because it provides confidence in the formation of contracts between two parties. However there are conflicting views and criticisms of the doctrine of good faith.

Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The ordinance was written in

This case is very interesting. First let’s see what considerations means in business law. In order to meet the criteria as consideration, three rules need to be present: 1) Both parties must receive something of value; 2) If someone makes a promise to give something of value, this signifies a consideration; and 3) The two parties involved must come to an agreement of terms in regard to what items of value are exchanged in the deal (Beatty, 2008).

Explanation sentence #2 (how does your second piece of evidence show the rule is important?):

As government employees working in a public school, the teacher, school counselor, and principal in this case study are obligated to follow the law, as a condition of their employment contracts. Delaware Code Online (n.d.) Title 16, Chapter 9 states, "Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report" (section 903). According to this law the term any person includes school employee. Delaware Code Online (n.d.) Title 16, Chapter 9 states, “An immediate oral report shall be made by telephone” (section 904).

In Williams v Roffey Brothers & Nichols (Contractors) Ltd [1991] 1 QB 1, the defendants were building contractors who entered into a building contract to refurbish a block of flats. The plaintiffs in the case were subcontracted to carry out the work for the sum of £20,000. There was an implied term in the contract that the plaintiff would receive interim payments for the work carried out. The plaintiff received £16,000 for work carried out, which amounted to 80% of the contract price. However, more than 20% of the work remained because the plaintiff had priced the work too low. As a result of realizing the plaintiff’s financial difficulties, and because they were bound by a penalty clause to complete the works on time, the defendants agreed to pay the plaintiff an extra £10,300 to complete the work on time. This figure was divided as £575 per flat to ensure that there were no disruptions to the work. The defendant made only one further payment of £1500 after the plaintiff completed eight more flats. The plaintiff thereafter ceased working and brought an action for the extra money which amounted to £10,847 but the defendants argued that there was no obligation on them to pay the additional £10,300 because the promise to pay the extra money was not supported by sufficient consideration and the plaintiff was already under a pre-existing contractual duty to carry out the works. It

The impact of Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 on the doctrine of consideration.

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.