Chapter 10- employment Lecture 9.docx

7 Pages

Management and Organizational Studies
Course Code
Management and Organizational Studies 2275A/B
Terry Biggs

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Chapter 15 and 16 – Questions 1. It depends what the contract says. Let’s assume there is no written contract. The title transferred immediately to Sally when she pays for it. She bear the risk when she has the title. 2. The delivery provision of the sale of goods act is applied to this transaction depends on the contract. If the term in the contract speaks to delivery, then there is no sale of goods act. If there is no contract, then the sale of goods act is applied. Sale of goods act is whether or not the delivery is warranty or condition. Condition they have to be delivered exactly specified. If it’s a warranty, and you accept it, means you accepted the breach, the condition becomes a warranty. 3. Depends on the contract. Look at the contract. Here is the warranty, here is the condition. If it’s condition: she can refuse to perform (not pay). If it’s a warranty, she still has to pay but have discount (pay less) 4. Bubba will get his money! (Holder in due course: see page) 4 thing you need to know: nothing wrong with the food chain, nothing wrong with the contract, it had to be negotiated 5. NO. Consumer protection legislation only applied to the alternative consumers. Sue for negligent (tort). 6. Depends on whether delivery of goods is a condition or warranty. Should refuse the delivery, if they accepted it, it becomes the warranty. 7. (Chapter 16) Lender can do: sue for breach of contract. 8. Legal implications of this mistake 1. Not have a security asset. 2. There might be a lot of people interested in this asset. …listen to the record. 9. Yes who 10. If toginalldebtor, the guarantor has to pay. She can sue him 11. Long enough the amount of time they file the lien + 1day. 12. Yes, if the creditor can force you into bankruptcy, they can do it for individual or corporation. Most of the time they don’t like do this b/c they don’t get the $$. 13. If the brother in law paid fair value, the asset isn’t secure to someone else—it’s valid. But it’s suspicious. 14. No, corporation has to pay 100% of it’s debts. Not like individual they can pay other %. ***Chapter 10: Employment What is Employment? trick: employment law is nothing but another specific contract, same thing with general contract law, but applied to employment settings. Individual contract between employee and employer Consideration: Employer gives you opportunity of this job and gives you $ Employee will show up everyday, they are not going to steal, assault. Example of breach contract: -employer doesn’t pay -Employee: stealing fund, don’t show up, yell at their boss Condition: Employer: pay! If one party breached the contract he innocent party can sue for breach of contract Innocent party: obligation minimize the cost Is this a employment contract? Is this a employment relationship?  employee gets the special legal rights To figure out: control test! The more control the corporation have the more you look like an employee Organization test: if your office is physically located..etc. you look like an employee Employer want you to be an individual contract, not employment. Law of Master and servant Obligations of employer has to pay and have safe workplace Employee have to be competent, show up, act in employer’s best interest, fiduciary obligations (the directors, or anyone is an agent) , has to be loyal Termination Breach of contract *Contract doesn’t not have an end date Ending date on Dec 31 is a condition subsequent We have a contract, it’s a fixed term. If I am the employer, and that employee has breached condition(steal stuff, assault boss), the innocent person can stop pay them (just cause) Terminating someone but no just cause: breached the warranty, they are not competent, just not happy with his work. We can still get rid of them, as long as we give reasonable notice or pay in lieu of notice, as long as we are not validating the human right code. Most company choose this: Here is the box, gets your stuff, and we are ask you to leave now, and give you 6 month pay cheque. Giving notice: We are telling you right now that your 6 month later, you job will end. Reasonable Notice what’s the idea of damages?  they are trying to get the two party back to the original position legi
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