Case Name and Citation NUNN vs. MASSACHUSETTS CASUALTY INSURANCE COMPANY 743 F.3d 365 (2014) Court of Appeals Second Circuit Summary of the Key Facts in the Case Ronald Nunn and Donald Vaden are former National Basketball Association referees. In September 1996, both plaintiffs were taking part in a referee training camp that was located in New Jersey and attended a union meeting that was hosted by the National Basketball Referees Association.…
In 1980, New Jersey filed charges against T.L.O. in juvenile court after T.L.O.'s assistant vice principal searched her purse and found cigarettes, rolling paper, that led him to suspect marijuana usage after she had denied any accusations. T.L.O. moved to suppress the results of the search violated the 4th Amendment, and the juvenile court denied the motion suppress. They had an idea that she might have been selling drugs. T.L.O. was then suspended and that is when the case was set in motion.…
New Jersey courts have considered the following factors in deciding whether the employee was an independent contractor or an employee (the list is not exhaustive): 1. Review type of payments, W2, 1099’s, or cash; 2. Review payroll records for the worker; 3. Read any contracts between the companies involved, including indemnification cause, which may render the independent contractor defense moot; 4. Investigate any pending IRS issues pertaining to the worker’s status; 5.…
PM 598 Final Exam Keller Purchase here http://devrycourse.com/pm598finalexamkeller Product Description TCO A) All the below are tools and techniques of conduct procurement, except (Points : 5) (TCO A) All the below are tools and techniques of control procurement, except (Points : 5) (TCO B) Proper selection criteria are critical for a successful project.…
In the following pages, I will provide one contract and six clauses for establishing effective communication strategies within my workplace. This document is primarily based on research by Birgitta Dresp-Langely (2009) regarding the ground clauses for ethical communication. In addition to the ethical contract, information throughout this proposal will incorporate clauses discussed in psychological contracts. In doing so, I aim cover all grounds necessary for effective interpersonal communication between managers and subordinates within my current organization.…
GE International, Inc.(GEII) and CSC (Computer System Consultant) are two computer based companies. I represent CSC who received a contract opportunity from GEII to reprogram their computers with new software and update to the latest version. Various requirements from both the sides were discussed and iterated. However, after conferring with the senior manager of GEII, CSC finds that there are budget conflicts. This case study will show how the negotiation between GEII and CSC brings up new ways of accomplishing an agreement for the budget conflict.…
Buyers’ bargaining power: Bargaining power was high, as buyers faced low to zero switching costs for changing the service…
On Taxoil contract, we were creative and able to expand the pie by offering jobs in future. Both parties were sharing motivations and commitments to working together. There were emotions in soccer deal. The client had an emotional attachment to the location and did sacrifice money over her desire to stay in South America. There was also a relationship factor between coach and the client and it played important role in getting the deal…
In 1979, the Pacific Oil Company began its relationship with the Reliant Corporation, an association of immense consequence for both organizations. Lewicki chronicled this case in Lewicki, Saunders, and Barry (2010, pp. 582-609). Two multinational industrial giants, these companies had much to gain through a contract for the sale of vinyl chloride monomer from the Pacific Oil Company (or simply Pacific) to the Reliant Corporation (or simply Reliant). When representatives from the companies went to renegotiate the contract in 1984, a series of arduous deliberations started that would last for two years and culminated in an impasse for Pacific’s management.…
In Sally Soprano negotiation, I think I did fine but I could do better, if I was more creative. The other party (Abdullah) offer long-term contract with percentage of net profits for the next years. I refused this offer because I do not have enough information to take such a decision. I do not know if Sally want like this contract or no.…
This case involves a consumer goods manufacturer by the name Rainbarrel Products. According to the text, the company is struggling to adapt to a market characterized by reduced consumption of products after a ten-year period of boom. The organization’s Chief Executive Officer Keith Randall decides to hire a professional to get things under control. Thus, Hiram Phillips is considered and takes up the mantle as the Chief Finance and Administration Officer. Within no time, Hiram introduces a lot of changes to achieve what he considers good for the company.…
I believe that the auditors in this case, Ernst & Whinney, should have great blame in not having the sufficient information and knowledge to fall into the pressure of the bribes committed by Minkow and analyze the fraud that was occurring. The upper management in ZZZZ Best made the financial information seem perfectly fine, therefore the auditors were unable to identify any miscalculations that would then lead to fraud. Minkow and his company for years kept on staling the fact that his insurance business had an actual positive cash flows system occurring. This would keep the auditors from seeing the main problem concerning the fraud that was started from the very beginning by Minkow and his carpet/insurance business. As this wasn’t enough fake information conducted by…
Loob Holdings Sdn Bhd has been a master franchisee of Chatime brand in Malaysia. The CEO of Loob Holdings Sdn Bhd is Bryan Loo. His company get a crisis in early 2017 when the owner of Chatime brand, La Kaffa has terminated the master franchisee contract of Loob Holdings Sdn Bhd dramatically even though their agreement still has the remaining contracts for about 20 years that last until 2041. This is because La Kaffa claims Loob Holdings Sdn Bhd violates the contract term when their company using the ingredient for Chatime product that was not recognized by La Kaffa while the company is very concerned about product and taste quality. Bryan Loo states that La Kaffa’s ingredient is very expensive and saying the ingredients they uses are ‘halal’.…
Introduction Does the correspondence between Ashley and Ben give rise to a concluded agreement? American Football Australia (AFA) will be liable for the bill that Ben sent to Ashley on behalf of Gridiron Association (GA), if there is a binding contract between the two parties. There are essential elements which must be satisfied for a binding contract to exist including agreement, consideration and intention to create legal relations. Agreement Offer and acceptance analysis may be used to show agreement. An offer is a statement of intention by one party to be bound by certain terms of the contract without further negotiation.…
James, Adjou, Sylvia, Bob and Tim (represented by Ian) require identifying and advice as to the applicability of relevant contract and tort/delict principles to the current scenario presented in the problem question. Before proceeding with advising the individual’s, we need to check the validity of the contract and to establish the note displayed on the car windscreen is “Invitation to Treat” (or) “Offer”. The difference between the two is significant and need to be specifically identify, as the ‘invitation to treat’ cannot be accepted legally and an offer is an expression of willingness to contract on the specified terms without further negotiation and which is legally accepted.…