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| Someone who was not part of the contract but stands to benefit from it. |
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| one who makes the promise to the third party |
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| Other party to the contract. Who recieves the benfits. |
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| Any party who is not an intended beneficiary. May not enforce the contract |
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| A contracting party may transfer his rights under contract. (Tangible Goods) |
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| a contracting party may transfer his duties under a contract. (Service) |
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| Contractual Right may be assigned unless.. |
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a) would substantially change the obligor's rights or duties under the contractor
b) is Forbidden by law or public policy
c) is validly precluded by the contract itself |
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| Assignment is prohibited if it would substantially change obligor's situation. |
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-Violation of duty imposed by civil law
-Person breaks one of those duteis and injures another
-Injury could be to a person or property...
ex. Libel newspaper columnist falsely accuses someone
Negligence-Surgeon removes wrong kidney
Fraud- Con artist tricks you out of money
-Up to plaintiff to seek compensation |
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False statements that harm someones reputation
Libel- Written
Slander- Oral
4 Elements- plaintiff must prove to win
Defamatory statement- words harm another's reputation
Falseness- statements must be false
Communicated- must be told to one more person other than plaintiff.
Injury- reputation, embarassment, humiliation |
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| a Letter from the central government ordering a court to hear the case. Different cases require different writs |
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| a Letter from the central government ordering a court to hear the case. Different cases require different writs |
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| Rules of the law state the rights of the people |
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| rules tell how a court should go about settling a dispute |
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| Free speech, free press, and the exercise of religon |
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| the principle that precedent is binding on later cases. |
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| Administrative agencies do day-to-day work to oversee common law |
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| Constitution authorizes the president to make treaties with foreign nations, which must be ratified by the united states senate |
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| concerns behavior so threatening that society outlaws it altogether. Most criminal laws are statutes passed by congress or a state legisture. |
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| the civil law regulates the rights and duties between parties. The governement will not prosecute the case unless you file a civil lawsuit |
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| refers to the rights and obligations of governments as they deal with the nations's defense |
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| regulates duties between individuals |
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| field to distinguish between moral rule from legal rule, real nature of law |
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| an unjust law is no law at all and need not to be obeyed. |
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| claim it does not matter what is written as law. What counts is who enforces that law and by what process |
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1. Basic values such as being honest, keeping promises, and not taking things that do not belong to you,
2. Notions of fairness such as how you treat others, including customers and employees who report to us
3.How a business interacts with the community, the environment and its neighbors |
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Definition
1. Basic values such as being honest, keeping promises, and not taking things that do not belong to you,
2. Notions of fairness such as how you treat others, including customers and employees who report to us
3.How a business interacts with the community, the environment and its neighbors |
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| Ethical descions are made simply upon the basis of whethere the activity is legal. |
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| Positive law or Codified law |
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| establishes the standard for ethical behavior |
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Blanchard and Peale
(Ethical dilemmas) |
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| Is it legal, Is it balanced? How does it make me feel |
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| Front of the newspaper test |
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| envision how the decision would be portayed on the front page of the newspaper |
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Laura Nash
(Business Ethical Dilemmas) |
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| how would I view the issue if I stood on the other side of the fence |
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| Wall Street journel model |
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| would the consequences of the decision be unfavorable to the firm? |
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| Alternate Dispute resolution |
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| lawsuits, the process of filing claims in court and ultimately goin to trial |
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| parties negotiate terms either personally or through lawyers |
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| parties negotiate terms either personally or through lawyers |
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| a neutral person attempts to coax the two disputing parties toward a voluntary settlement |
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| two sides bring in third party which ensures a final result |
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| first 10 amendments to the constitution guarenteeing many liberties directly yo indiviudal citizens. |
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| congress shall have the power to regulare commerce with foreign nations and among several states. |
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| Exclusive power: only federal government may regulate it |
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| concurrent power: congress and states may regulate it |
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| establishes dispute settling process |
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| duties of the gov't to the people |
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