Term
|
Definition
Care
Obedience
Accounting
Loyalty
Disclosure
COALD |
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Term
|
Definition
Justifiable Reliance
Elements
Promise, reasonable reliance on the promise, promissee detriment |
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Term
| Remedies for Breach of Contract |
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Definition
Compensation
Recission
Specific Performance
Liquidated Damages
Consequential Damages
Incidental Damages |
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Term
| Contracts that must be in writing |
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Definition
Sale of Land
500$ plus transactions
promise to pay the debt of another
agreements extending beyond 1 year
contracts in consideration of marriage |
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Term
| Anti-Disability Discrimination Statutes |
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Definition
Vocational Rehabilitation Act 1973
Americans with Disabilities Act 1990 |
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Term
| Hostile Work Environment Elements |
|
Definition
unwelcome by victim
based on gender
severe or pervasive enough to create abusive environment
affected a term, condition, or priviledge of employment |
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Term
|
Definition
Disparate Treatment [Intentional]
Disparate Impact [Unintentional] |
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Term
| Remedies of Civil Rights Act |
|
Definition
back pay
front pay
retroactive seniority
attorney's fees
compensatory and punitive (punitive if intentional) |
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Term
|
Definition
prohibits discrimination in employment based on
race
color
sex
religion
national origin |
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Term
|
Definition
prohibits discrimination based on sex
only if job is same
allows differences for
seniority
merit
quantity vs quality |
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Term
|
Definition
Express
Implied
Apparent
Ratification |
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Term
| Not defined as contractual promise |
|
Definition
promist to make a gift
promises that are social in nature
anything lacking consideration |
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Term
| not permitted to discriminate against disabled if: |
|
Definition
can perform essential functions of job without accomidation
can perform with a reasonable accomidation from employer |
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Term
| Age Discrimination in Employment 1967 |
|
Definition
| prohibits discrimination against 40+ year olds |
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Term
| Types of Sexual Harrasment |
|
Definition
Quid Pro Quo "something for something"
Hostile work environment |
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Term
| Parties not covered by Civil Rights Act |
|
Definition
companies with less than 15 employees
less than 20 calendar work weeks/year
religious exemption |
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Term
|
Definition
end of agreed time period
Agency quits
Principle fires Agency |
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|
Term
| Who has or needs capacity |
|
Definition
Priciple needs capacity
Agency does not need it
P =
Individuals
Partnerships and Corporations
Non-entities such as unincorporated organizations |
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Term
|
Definition
hired for a specific result
not controlled by principle |
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|
Term
| Types of Agency Relationship Structures |
|
Definition
Principle - Agent
Master - Servant |
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Term
| Reasons for Contract Discharge |
|
Definition
by performance
by impossibility
breach or anticipatory breach |
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Term
| Degree of Completion of Contracts |
|
Definition
Executory
Partially Executed
Executed |
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Term
|
Definition
Valid
Void
Voidable
Unenforcable |
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Term
|
Definition
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|
Term
| Explicitness of Contracts |
|
Definition
Express
Implied in fact
Implied in law |
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Term
|
Definition
| standards and norms for behavior that are beyond laws and legal rights |
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Term
|
Definition
Formalism - individual
Moral relavitism - group |
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Term
|
Definition
stealing
lying
giving false impression
failure to disclose info
taking unfair advantage
violating rules |
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|
Term
| Sources for values for buisness ethics |
|
Definition
legal regulations
professional code of ethics
organizational code of ethics
individual values |
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|
Term
| Ethical rules drawn from law |
|
Definition
liberty and rights
good faith
due care
confidentialality
conflicts of interest |
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Term
|
Definition
no legal obligation
if undertaken, must do so reasonably
minimum duty to notify police by law |
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Term
|
Definition
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|
Term
| Civil or code law countries |
|
Definition
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Term
|
Definition
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|
Term
|
Definition
simplest, least risk
no foriegn presense by domestic firm
usually no foreign taxation
some countries prohibit certain imports |
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Term
|
Definition
usually taxed because of presense in country
usually subject to local laws
typ need local counsellor for local law |
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Term
|
Definition
granting foreign firm right to produce and sell prodect in exchange for royalties
franchising, sale of name, trademark or copyright
may not be protected by country |
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Term
|
Definition
may be required by local law
increased risk |
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Term
|
Definition
ex partnership
restricted in some countries |
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Term
| Foreign Contract Problems |
|
Definition
language
choice of law
arbitration vs court |
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Term
|
Definition
| seizure of property by foreign gov |
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