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N/A - Assignment Example

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Contract- It is an agreement that is enforceable by law and sets out specific terms and conditions that persons or entities to the agreement must comply with. The agreement must have a consideration which is a promise to do something in return of some specified value benefit.
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Download file to see previous pages... Express contract and implied contract- An express contract in writing and signing up the terms of the agreement such as the offer, acceptance, contract consideration and legal consequences of the contract by all the parties. On the other hand, implied contract is not done in writing or signing any terms of contract, but it is deemed there is an agreement between the parties (Schulze, 2007). For instance, it may be implied that nurses expect fair compensation for offering high quality health care to the patients (Dau-Schmidt, Harris & Lobel, 2009).
d. Intention to create legal consequences- The parties must intent to create legal obligations and legal consequences for non-performance of the contract such as compensation for damages suffered by the aggrieved party or suits for specific performance (Emerson, 2004).
Remedies for non-performing a contract- The aggrieved party can institute a civil suit for award of damages from non-performance by the other party. The aggrieved party can also sue for specific performance or injunction in respect of the breach of the terms of the contract (Schulze, 2007).
Employment at will- Employment at-will means that either the employer or employee can terminate the employment contract at any time without any reason and without issuing a notice to the other party (Emerson, 2004).
Employment at will ‘fired for cause or for no cause’- The general rule of law in this doctrine is that a person can be fired for any reason or no reason at all. However, there are certain exceptions since individuals cannot be fired on discriminatory basis such as race, religious affiliations, disability or gender. (Schulze, 2007). The employees have certain contractual rights since one cannot be fired if the nurses’ union has entered in to a contract with the health facility and the collective bargaining agreement entails matters like vacation, hours of work and job ...Download file to see next pagesRead More
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