Case Study: Labor Contract Compliance in China - China Briefing News

In this given case study, two main issues have been detected related to the writing dissertation questionnaire named Danny who is a dealer in the Vintage cars. However, not reaching the expected price the bidder stopped the auction, thereby preventing any further auction to take place related to MGB Roadster. All the three clients receive the letter of the offer on 16th October.

The first client Farida wants to buy the car and writes a letter to Danny posting on the 17th which happens to arrive at Danny on 24th October. The third and last client Harry calls Danny to know about the condition of the car, and after being reassured, he decides to purchase the Jaguar and sends an email for confirmation on 18th October, Wednesday. In both the cases, it can be seen that there has been a breach of the contract thereby failing to maintain the decorum.

While in the first case, Danny has been a victim of the breached contract; in the second case, he is utterly responsible for breaking the contract after promising his clients about his sale of the Jaguar. Based on the laws made, if one party fails to fulfil the contractual obligations and responsibilities it is legally considered to be a breach of a particular contract. During the occurrence of one party has failed to perform a specific task at a stipulated time, that person is subjected to have committed a crime by violating the contract laws.

This situation may occur if one party has failed to work by the terms and agreements of the contract too. The failure to fulfil his duties and responsibilities as provided in the agreement may be another reason behind this issue.

Under the rules of law, the damages are considered to be a form of the reward of legal remedies such as money, which essay about you to be given to that person who has fallen victim in the contract as a form of compensation of the losses they have suffered Meng, The law, however, states that the damages that have been incurred, however, differ from case to case based on the amount of money which had been at stake.

Thereby demeaning their needs and wishes and leaving a sense of uncertainty for them never even to get the chance to get the car again. In the second case, Danny himself demeaned the contract by giving hope to his clients in the first place and just before the deal could even start stopped the process by breaking the rules of the contract Oman, The second step which is followed is a specific performance where the courts use a specialised remedy for those times when no other forms of legal remedy such as money are available to compensate the other party.

Furthermore, the licence agreement is tucked away in the fold of the envelope holding the installation disks. To a reasonable person, the fold of that envelope would not be a place expected to contain contractual terms. Show More. Read More. Popular Essays. However, Ms. Wong did not communicate this need to her company and worked without a written labor contract.

For this reason, Ms. Wong petitioned the courts to receive double wages for the work she did for the company. The company argued against this claim on the grounds that Ms.

Wong leads human resources and is familiar with the consequences of a failure to conclude a written labor contract. As such, the company claimed that Ms.

Wong withheld her knowledge of the law and did not perform her duty to ensure she had a labor contract in order to receive the compensation of double salary. Wong is at subjective fault for the labor contract failure and must bear the liability of such subjective fault because she did not disclose the requirement in accordance with her role as human resource manager. Wong contended, on the other hand, that there is no positional distinction for the legal liability of an employer to conclude a labor contract in writing with an employee.

Business law protects business people from: a theft and fraud. Contract law journal of business case studies impact factor deal with disagreements between which of the following?

Which of these is NOT a way an offer can be terminated? You might still be able to figure them out. The National Dog Rag, a weekly newspaper, receives a hot tip that Cassandra Bridgewater, a well-known business negotiation case study star, is a fugitive from justice and the main suspect in a twenty-five-year-old murder case. The tip comes in late on a Friday, too late for Monday's edition, so the Rag runs the story the following Monday. The story turns out to be false.

If Bridgewater sues the Rag for libel, she will probably: a lose because the Rag has a First Amendment right to publish whatever stories it sees fit.

Should the client invest?

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Write a report summarising the information given about an energy firm wanting to take over an urban community regeneration scheme. Look at the strengths, risks, obstacles to scheme and suggestions about whether it should move forward. Given a lengthy consultant's report with half an hour to read and then draft a presentation recommending whether to go ahead on buying the company - followed by questions.

The client, a steel company, is losing money due to a rival. There's also a proceeding against your client. Liuzzo, A. Essentials of business law.

You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. Maria A. Need a custom Essay sample written from scratch by professional specifically for you? Business Law: Case Study [Blog post]. We use cookies to give you the best experience possible. If you continue, we will assume that you agree to our Cookies Policy.Only if the minor has hisaown estate, theaminoracan be held to be liable.

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The court holds that the contract is void ab initio. Also, even if the claim lies, it lies solely against the estate of a minor, and the father of the minor cannot be held liable. Sadhu Suryanarayana. Thus, Mr Nitin is not liable to pay anything. Lastly, the table need not be reimbursed under Specific Relief Act.

The patient could sue for malpractice tort or for breach of warranty contract. The choice involves at least four considerations:. The purpose of remedies in contract is, usually, to put the non-breaching party in the position he or she would have been in had there been no breach. The remedies are: compensatory damages money paid to compensate the non-breaching party for the losses caused by the breachwhich also include sub-categories of incidental and nominal damages; punitive damages to punish the breaching party are sometimes allowed where the breach is egregious and intentional.

Skip to main content. Basics of Business Law. Search for:. Understand specific performance as a remedy. Understand restitution as a remedy. Recognize the interplay between contract and tort as a cause of action. Compensatory Damages One party has the right to damages money when the other party has breached the contract unless, of course, the contract itself or other circumstances suspend business law contract case studies discharge that right.

Consequential Damages A basic principle of contract law is that a person injured by breach of contract is not entitled to compensation unless the breaching party, at the time the contract was made, had reason to foresee the loss as a probable result of the breach. She is concerned as to the different types of liabilities, which she may be affected by during the course of her business and would appreciate it if you could write to her regarding this.

Explain the different types of liabilities and along with examples. Answer: To establish whether or not Mrs Turner has entered into two contracts first off all we have to look at what makes a contract and what type of offer was made to her and whether or not she accepted it. A contract is an agreement that is legally enforceable at law, whoever breaches the contract can be sued or monetary compensation or be force to carry out the contract. For contract to be binding there must be offer, acceptance, consideration and intention to create a legal relationship.

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Liability is transferred to the person benefiting or gaining by the actions of the wrongdoer. Any employer successfully sued may then sue employee for amount paid out in damages. To bring an action against the employer the pursuer must prove:. The man could sue John. It is the situation when John drove the van faster than a regular speed, he hit the inside lane vehicle.

John has committed delict and is liable for the compensation claimed by the car owner. Explain the points to be considered for a claim of negligence to arise. Negligence is the most common delict and an action in delict arises where harm is caused carelessly or inadvertently. Negligence occurs when an unintentional act is done without due care by the defender.

Business negotiation case study

For a claim to arise in negligence, the follow points must be considered:. The duty of care: There is no liability for a failure to take due care unless there was a duty to take care in the first place. The duty of care is therefore someone whom the defender ought to have contemplated as within sufficient proximity to the defender to be owed a duty of care.

Therefore if a victim has an especially thin skull and suffers a greater injury than an ordinary man, the wrongdoer is liable for that greater injury.

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Explain what is meant by the defences listed below in delict:. In the case of Sayers V Hariow Urban Council Consent A person has no right of action if they have expressly or by implication consented to something being done to them. However, such consent must be freely given. It must be shown that the pursuer freely and voluntarily with full knowledge of the risk involved agreed to take that risk. The defence of volenti does not apply to passengers in roal vehicles and drivers must, by law, have third party insurance cover.

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Contract Case Offer and Acceptance: A Case Study

Hi there! Would you like to get such a paper? Looking for a paper on Law? Let's see if we can help you! According to the provisions of contract law, the non-breaching party has several options in case of substantial performance and inferior performance.

The non-breaching party can claim for damages, can seek court order of specific performance by the breaching party, can rescind or annul the contract and can also seek restitution.

The non-breaching party is excused from any other performance arising out of the contract. Another remedy available to the non-breaching party is to claim for consequential damages arising out of the substantial performance or inferior performance Young, Charles pays Josh the full amount up front, but Josh fails to deliver the pavers on Monday. Josh has committed an actual breach of his contract with Charles. An anticipatory breach refers to an intended or anticipated failure of one party to perform his duties under the contract.

Anticipatory breach occurs when one party informs the other party of his unwillingness, or inability, to perform under the contract ahead of time. In such a case, the party that will be harmed by the breach does not have to wait until all other terms, or a required date, has come and gone before taking mba essay action.

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