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Ethical Implications In Contracts
When creating a contract, a negotiator is not only doing so to reach an agreement between two or more parties, but to create an agreement that is durable; whereby parties of the contract are legally bound and committed to its promises. A legally binding contract is defined as an exchange of promises or an agreement between parties that the law will enforce, and there is an underlying presumption for commercial agreements that parties ''intend'' to be legally bound (Contracts 2007). In order to be a legally binding contract, most contracts must contain two elements: * All parties must agree about an offer made by one party and accepted by the other. * Something of value must be exchanged for something else of value. This can include goods, cash, services, or a pledge to exchange these items. In addition, certain contracts are required by state law to be in writing (real estate transactions, for example), while others are not. Wade and Honeyman describe a ‘durable’ contract as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cultural Relativism
Cultural relativism is the view that concepts and moral values must be understood in their own cultural context and not judged according to the standards of a different culture. It asserts the equal validity of all points of view and the relative nature of truth, which is determined by an individual or their culture. The concept was established by anthropologist Franz Boas, who first articulated the idea in 1887: "civilization is not something absolute, but...is relative, and... our ideas and conceptions are true only so far as our civilization goes". However, Boas did not use the phrase "cultural relativism". The concept was spread by Boas' students, such as Robert Lowie. The first use of the term recorded in the ''Oxford English Dictionary'' was by philosopher and social theorist Alain Locke in 1924 to describe Lowie's "extreme cultural relativism", found in the latter's 1917 book ''Culture and Ethnology''. The term became common among anthropologists after Boas' de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moral Relativism
Moral relativism or ethical relativism (often reformulated as relativist ethics or relativist morality) is used to describe several Philosophy, philosophical positions concerned with the differences in Morality, moral judgments across different peoples and cultures. An advocate of such ideas is often referred to as a relativist. ''Descriptive ethics, Descriptive'' moral relativism holds that people do, in fact, disagree fundamentally about what is moral, without passing any evaluative or normative judgments about this disagreement. ''Meta-ethics, Meta-ethical'' moral relativism holds that moral judgments contain an (implicit or explicit) Indexicality, indexical such that, to the extent they are truth-apt, their Truth value, truth-value changes with context of use. ''Normative ethics, Normative'' moral relativism holds that everyone ''ought'' to tolerate the behavior of others even when large disagreements about morality exist. Though often intertwined, these are distinct positions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Informed Consent
Informed consent is an applied ethics principle that a person must have sufficient information and understanding before making decisions about accepting risk. Pertinent information may include risks and benefits of treatments, alternative treatments, the patient's role in treatment, and their Right to refuse medical treatment, right to refuse treatment. In most systems, healthcare providers have a legal and ethical responsibility to ensure that a patient's consent is informed. This principle applies more broadly than healthcare intervention, for example to conduct research, to disclose a person's medical information, or to participate in high risk sporting and recreational activities. Within the United States, definitions of informed consent vary, and the standard required is generally determined by the state. As of 2016, nearly half of the states adopted a reasonable patient standard, in which the informed consent process is viewed from the patient's perspective. These standards ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undue Influence
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (e.g. fiduciary) may be guilty. This includes the victims' attorney, accountant, nursing home attendant, or even children. UI is a ''process'', not a single event. A manipulator may spend weeks, months, or even years before successfully unduly-influencing their vic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johnson V Buttress
Johnson may refer to: People and fictional characters *Johnson (surname), a common surname in English *Johnson (given name), a list of people * List of people with surname Johnson, including fictional characters *Johnson (composer) (1953–2011), Indian film score composer *Johnson (rapper) (born 1979), Danish rapper * Mr. Johnson (born 1966), Nigerian singer Places * Mount Johnson (other) Canada * Johnson, Ontario, township * Johnson (electoral district), provincial electoral district in Quebec * Johnson Point (British Columbia), a headland on the north side of the entrance to Belize Inlet United States * Johnson, Arizona * Johnson, Arkansas, a town * Johnson, Delaware * Johnson, Indiana, an unincorporated town * Johnson, Kentucky * Johnson, Minnesota * Johnson, Nebraska * Johnson, New York * Johnson, Ohio, an unincorporated community * Johnson, Oklahoma * Johnson, Utah * Johnson, Vermont, a town ** Johnson (village), Vermont * Johnson, Washington * Johnson, Wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Risk Management
Risk management is the identification, evaluation, and prioritization of risks, followed by the minimization, monitoring, and control of the impact or probability of those risks occurring. Risks can come from various sources (i.e, Threat (security), threats) including uncertainty in Market environment, international markets, political instability, dangers of project failures (at any phase in design, development, production, or sustaining of life-cycles), legal liabilities, credit risk, accidents, Natural disaster, natural causes and disasters, deliberate attack from an adversary, or events of uncertain or unpredictable root cause analysis, root-cause. Retail traders also apply risk management by using fixed percentage position sizing and risk-to-reward frameworks to avoid large drawdowns and support consistent decision-making under pressure. There are two types of events viz. Risks and Opportunities. Negative events can be classified as risks while positive events are classifi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime. Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the optio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deceit
Deception is the act of convincing of one or many recipients of untrue information. The person creating the deception knows it to be false while the receiver of the information does not. It is often done for personal gain or advantage. Deceit and dishonesty can also form grounds for civil litigation in tort, or contract law (where it is known as misrepresentation or fraudulent misrepresentation if deliberate), or give rise to criminal prosecution for fraud. Types Communication The Interpersonal Deception Theory explores the interrelation between communicative context and sender and receiver cognitions and behaviors in deceptive exchanges. Some forms of deception include: * Lies: making up information or giving information that is the opposite or very different from the truth. * Equivocations: making an indirect, ambiguous, or contradictory statement. * Concealments: omitting information that is important or relevant to the given context, or engaging in behavior that he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
