Next, is a consideration. The store manager agreed to accept the product, but there was no mention of what Mr. Stevens was going to receive in return. There was also no mention of when and where it was to be shipped. Therefore, this would keep this from being a legal contract if this was not stated when the contract was formed. Contractual capacity is a slight bit different and means that both parties must be within the legal age limit, sound mind and legally able make the binding contract.
These condition could intrinsically be seen as rather unfair because the depicted person has to endow in a drastically life changing contract, deprived from any knowledge regarding his actual aspirations. He would have to make a permanent decision, which greatly changes the essentials of his life, without being aware of the person he actually is. How could one possibly regard this conduct as fair? Rawls’ defence might possibly be an attempt to legitimize this conduct by again putting emphasis on the fundamental equality of circumstances constructing the original contract. Although this person would have to make a decision without being aware of his identity, this would apply to all.
Lastly, engineers shall avoid deceptive acts. It is because that attitudes is really irresponsible towards our job. For example, engineers shall not falsify their qualifications or permit misrepresentation of their or their associates' qualifications. They shall not misrepresent their
MacKenna J identified three essential conditions to question if the terms were consistent to a contract of service. Addressing these conditions, substitution clauses removes the personal element and thus would be inconsistent with a contract of service. In addition, Tanton a personal service was an irreducible minimum which substitution clauses removed, taking a contractual approach. However, these decisions are criticized as it gives employers the ability in ‘avoiding legal responsibilities’ and how employers enter clauses to avoid liabilities. In addition, Pitt argues that if the question had been reversed; the courts would have found nothing inconsistent a contract of service and the right to delegate was
As the consequentialist theory implies that one should make decision after calculating its repercussions on others, this case shows that some cases cannot fit into the consequentialist theory as every decision in business cannot be monitored and its consequences predicted accurately beforehand. A non-consequentialist theory judges the rightness or wrongness of an action based on the intrinsic value, not on its consequences i.e. morality is based on duty. Consequentialisim, however is a doctrine where your action is judged on the consequence it bears. Non-consequentialism hence denies the fact that the wrongness or rightness of our conduct is determined solely by the goodness or badness of the consequences it
Employees cannot be forced to cooperate or to change their business behaviour. If they do not have incentives to do so, their attitudes can create major obstacles to achieving integration benefits. Dagnino and Pisano (2008) find empirical evidence that integration issues between the two group members, their conflicting individual objectives, and national and corporate cultures make the exchange of knowledge becomes more difficult and therefore are the cause of most M&A failures. Flynn (2005) describes a psychological process in mergers whereby employees can adopt three forms of identity orientations: personal, relation, and collective. Employees expressing personal identity will abandon identification to the former company, though without adopting that of the new firm; employees adopting relational identity will maintain allegiance to the former company; and collective identity is expressed by a willingness to adopt the new organization and strive for its success.
In respect of justice and certainty of the rule of law, it is essential for the courts to act in this way. Impossibility in contract law is by no means the easy definition as one would expect: ‘something which cannot be done according to the laws of nature’. It is narrowly defined by the Courts since they have to limit the application of frustration on contracts. Contracts are something valuable in the eyes of the law thus the judges are reluctant to discharge them in which discourage people from making contracts. Due to the variability of unpredictable events that happen in life, impossibilities arise hence the doctrine of
Thus, since it is impractical to use a rigid moral system, both Weber and Sophocles discuss the importance of responsibility and consequences in decision making. This conception of responsibility and consequences is significant because it differs from a utilitarian quest for “the greater good”. When considering one’s responsibilities, it is inadvisable to cause pain to the individuals that a political leader is responsible for, regardless of the total pleasure it may lead to. In the case of Antigone, Creon’s decision leads to a tragic outcome because he does not take into account the consequences of his actions. His resolve to obstinately stick to his decision is his ultimate downfall.
In the Norjal case the Court of Appeal held that there was an absence of misconduct because no agreement was made with only one party to pay fees to its appointed arbitrator or to the third arbitrator. The arbitrators’ behavior was deemed to be proper on the account that they had simply requested the proposal of fees, and even if they had found the proposal of one party satisfactory, before concluding the arrangement they had asked to be assured that the other party had no objections to the making of the payment by the other party. So, the arbitrators proposal was not improper and did not amount to misconduct. Therefore, they were not removed. By contrast, in Sea container the arbitrators’ conduct was regarded as misconduct.
This will helps auditors in assessing the fraud in the management. However, the limitation of this theory is that type I and II errors will happen if auditors wrongly accept an audit evidence even though there is a fraud. This will cause type II errors where auditors may incur legal cost that is being sued by the client as auditors overlooked the fraud. While type I error will caused the auditors to do more audit procedures. Therefore, auditors need to exercise their skepticism instead of using the technologies aids in detecting the fraud