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Topic: Contract (conflict)

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In the News (Sun 23 Jun 19)

  Finance Choices - Personal Finance Wiki   (Site not responding. Last check: 2007-10-29)
Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations (along with tort, unjust enrichment or restitution).
A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other.
Obligations have traditionally been divided into contracts, which are voluntarily undertaken and owed to a specific person or persons, and obligations in tort which are based on the wrongful infliction of harm to certain protected interests, primarily imposed by the law, and typically owed to a wider class of persons.
www.financechoices.co.uk /personal-finance-wiki.php?title=Contract   (6101 words)

  Info and facts on 'Social contract'   (Site not responding. Last check: 2007-10-29)
The social contract, as a political theory, explains the origin and purpose of the state, and of human right (An abstract idea of that which is due to a person or governmental body by law or tradition or nature) s.
In the same way that implicit contracts in these circumstances standardize interactions to make them simpler and cheaper to support, enhancing the value of capital (A seat of government), social contract can likewise increase the social capital (additional info and facts about social capital) (a formal term for trust), and what's more this is measurable.
This is a contract which serves the perpetuity of the nation state as newborns do not have the capability to consent to the contract; thus the contract should be rendered null and void.
www.absoluteastronomy.com /encyclopedia/s/so/social_contract.htm   (1145 words)

 CATHOLIC ENCYCLOPEDIA: Contract   (Site not responding. Last check: 2007-10-29)
They say that a contract is the consent of two or more persons to the same proposal; or, bringing out a little more definitely the effect and object of a contract, they define it to be an agreement by which two or more persons mutually bind themselves to give, do, or abstain from something.
Contracts, then, entered into because of accidental mistake which was induced by the fraud or misrepresentation of the other party, will be rescindable at the option of the party deceived.
Some contracts, such as marriage, thus entered into under the influence of grave fear unjustly caused by the other party to the contract with the intention of compelling consent, are made invalid by canon law.
www.newadvent.org /cathen/04332a.htm   (3659 words)

 Payor-provider conflict escalates   (Site not responding. Last check: 2007-10-29)
Reimbursement contract negotiations between health plans and hospital systems have frequently become brinkmanship campaigns that employ acrimonious public pressure tactics as contract deadlines loom, with the health care coverage of many thousands of Pennsylvanians in the balance.
Conflict between the two entities reached another crisis point last year, when Highmark, along with HealthAmerica, HealthAssurance and Gateway Health Plan, had filed an antitrust lawsuit against UPMC to block its then-proposed merger with Children’s Hospital of Pittsburgh, alleging that the merger would give UPMC monopoly power over pediatric services in Allegheny County.
Artz believes that a class action breach of contract lawsuit with significant punitive damages against a health plan could hurt enough to shift negotiating balance more toward physicians, and that plaintiff attorneys are willing to work on contingency fees, given the potential for high damages in such cases.
www.physiciansnews.com /cover/702.html   (2861 words)

 [No title]   (Site not responding. Last check: 2007-10-29)
A conflict of interest means that because of other activities or relationships with other persons, you are unable to render impartial assistance or advice; your objectivity in performing the work is or might be impaired; or you have an unfair competitive advantage.
An actual or potential conflict of interest exists when it is determined that a significant financial interest could affect the design, conduct, or reporting of activities proposed.
The federal government has organizational conflict of interest rules to ensure that the contractor is not biased because of its financial, contractual, organizational, or other interests which relate to the work under the contract.
www.research.vt.edu /conflict/Conflict_of_Interest.doc   (662 words)

 Social Contract Theory [Internet Encyclopedia of Philosophy]
Locke’s arguments for the social contract, and for the right of citizens to revolt against their king were enormously influential on the democratic revolutions that followed, especially on Thomas Jefferson, and the founders of the United States.
In other words, the contract, which claims to be in the interests of everyone equally, is really in the interests of the few who have become stronger and richer as a result of the developments of private property.
The normative social contract, argued for by Rousseau in The Social Contract (1762), is meant to respond to this sorry state of affairs and to remedy the social and moral ills that have been produced by the development of society.
www.iep.utm.edu /s/soc-cont.htm   (9316 words)

 Interface Consulting - Industry Research Articles
Contracts, which are intended to eliminate problems, can be the open doorway to disputes and claims.
Conflict of interest is commonplace as owners typically establish themselves, or their representatives, as the day-to-day interpreters of contracts.
If a contract has onerous language that is not negotiable, and an appropriate cost cannot be included in the bid estimate to cover this exposure, contractors should seriously consider not bidding on the work.
www.interface-consulting.com /articles/construction_contracts.html   (1565 words)

 Consensus and Dispute Resolution Services Contract | Conflict Prevention and Resolution Center | US EPA
In addition, the contract can be used to provide training in consensus building and dispute resolution and for assistance in evaluating stakeholder involvement and ADR programs or cases.
The contract is a Task Order contract, which means that the offices desiring the services provides the funding, statement of work and the local task manager for each individual project.
The Prime Contractor for the contract is SRA International in Arlington, VA. More than 70 highly skilled individuals and firms experienced in managing environmental disputes and located throughout the country are available to EPA offices as subcontractors.
www.epa.gov /adr/cprc_contract.html   (316 words)

 reviewjournal.com -- News - CONTRACT CONFLICT: Police file new complaint
On Oct. 24, the committee rejected the contract in a 3-2 vote.
The complaint asks the attorney general to void both the vote to remove Collins from the committee and the committee's vote on the contract.
Police and union leaders have said it is unfair to mention step raises in the context of the contract, since they weren't at issue in the contract talks.
www.reviewjournal.com /lvrj_home/2005/Nov-03-Thu-2005/news/4133333.html   (928 words)

Conflict and cooperation are viewed as distinct equilibria of forces in a social field; the movement between these equilibria is a jump, energized by a gap between social expectations and power, and triggered by some minor event.
And fifth, the history of the process of conflict is critical to the behavior involved; the same values on the underlying conditions may produce different behavior as the process moves from violence to peace than when it moves from peace to violence.
The corresponding shifts and jumps in conflict intensity are then a projection on X. Note that the jumps from nonviolent conflict to violence, and from war to peace, constitute a sudden move through the fold of the manifold as its lip is approached, a move from one equilibrium surface to the other.
www.hawaii.edu /powerkills/CAT.ART.HTM   (8805 words)

 Conflict of Interest Procedures
Should the vice provost for research and graduate affairs determine that the proposed research and development contract in which an employee may have a personal interest does not affect adversely the interests of the University, approval shall be acknowledged by endorsing the Disclosure of Interest Certification.
Institutional approval of an original contract shall not be deemed approval of subsequent changes during the life of the contract unless such changes are also submitted for approval.
If a contract is signed by the appropriate VCU official, the director of the Office of Sponsored Programs will send the completed forms to the assistant vice president for human resources for forwarding to the secretary of the commonwealth.
www.vcu.edu /provost/univ_policies/conflict.htm   (850 words)

 [No title]
This is also the case regarding a contract between parties in the same State in which there are concrete international criteria of a constant nature, such as the fact that the conclusion or the performance of the contract is to take place abroad; or that the tangible goods are situated abroad.
After comparative law studies of the national contract laws of the Contracting States a general and common concept of a contractual obligation within the European Community was identified for the purpose of classification.
Contracts of insurance which cover risks situated in the territories of the Member States of the European Community are excluded.
www.cisg.law.pace.edu /cisg/biblio/saf.html   (18654 words)

 Aerospace company faces conflict over contract   (Site not responding. Last check: 2007-10-29)
The contract was initially signed in May 1999 as a 10-year, $1.2bn (£0.8bn) deal between CSC and UTC's Pratt & Whitney aircraft engines subsidiary.
As part of the contract, CSC is standardising about 45,000 PCs throughout UTC's operations, adding new IT management software and consolidating the company's data centres, servers and help desk operations.
But the vast majority of conflicts are resolved before deals fall apart, he added.
www.computerweekly.com /Article115790.htm   (390 words)

 Your conflict management resource online.
Conflict can be constructive, but if left to "work itself out" the outcomes are seldom acceptable to all parties.
Arbitration is a legal alternative to the courts whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s)) for resolution.
Since arbitration is based either upon contract law, the agreement between the parties to submit their dispute to arbitration is a legally binding contract.
paradigmassociates.org /Paradigm5.html   (1547 words)

 German Law Journal - (Conflict) Principles of European (Consumer) Contract Law — an Update
The contracts for researchers would further be awarded under the Sixth Framework programme most probably in July and would commence before the end of 2004.
As rumours circling at the 2004 Vienna Conference of the Society of European Contract Law[10] have it, the successor of the Lando Commission, i.e.
In this context the absolute silence of the Commission's proposal with regard to the conflict of laws effects of the "total harmonisation"-approach seems to be somewhat surprising.
www.germanlawjournal.com /article.php?id=483   (3840 words)

 Office of the Vice President for Research at Virginia Tech   (Site not responding. Last check: 2007-10-29)
A conflict of interest means that because of other activities or relationships with other persons, you are unable to render impartial assistance or advice; your objectivity in performing the work is or might be impaired; or you have an unfair competitive advantage.  The conflict could be either personal or organizational.
In addition, the federal rules prevent any organizational conflicts that could provide an unfair competitive advantage to the university.   For example, an organizational conflict of interest would prevent the university from proposing on work for which it had developed the specifications or work statements.
Questions regarding conflicts of interest pertaining to the award or administration of a contract or grant should be discussed with David Richardson (1-8680) or Carol Roberson (1-5520).
www.research.vt.edu /conflict/conflictofinterest.html   (1514 words)

Summary: the words “in respect of a contract” in the CPR r.6.20(5) did not require that the claim arose under a contract; they required only that the claim related to or was connected with the contract.
In contrast, in contracts that are not subject to arbitration, American courts apply non-state norms only to the extent they have been expressly incorporated into the contract and only if their application would not displace non-waivable rules of the law that would otherwise govern the contract.
Both the Restatement (Second) of Conflict of Laws, which today is the most widely followed conflicts regime for contracts in the United States, and the EC Convention on the Law Applicable to Contractual Obligations (Rome Convention), which establishes uniform conflicts rules for virtually all of Western Europe, provide for free party choice of law.
www.conflictoflaws.net /category/contract   (9658 words)

 !2000-01   (Site not responding. Last check: 2007-10-29)
When a tribal entity is acting under a self-determination contract, the United States is liable for its torts as provided in the Federal Tort Claims Act, and the Attorney General defends the action.
The conflict in effect forecloses alternatives that would otherwise be available to the client.
The conflict is stronger, for example, if there is a question that the tortfeasor's conduct exceeded the scope of the self-determination contract.
www.alaskabar.org /index.cfm?id=4876   (680 words)

This Contract has as its purpose the promotion of harmonious employee relations between the State and its employees represented by the Union; the establishment of equitable and peaceful procedures for the amicable resolution of all disputes and grievances; and the determination of the wages, hours of work and other terms and conditions of employment.
During the term of this Contract the Union agrees not to engage in or support any strike, work stoppage, slowdown, or other job action by employees covered by this Contract but shall not be liable for unauthorized action of employees covered by this Contract.
For purposes of this Contract, terms and conditions of employment shall be those matters which intimately and directly affect the work and welfare of the employees covered hereunder and on which the negotiated agreement will not significantly interfere with the exercise of inherent managerial prerogatives pertaining to the determination of governmental policy.
www.local195.org /195contract.htm   (9191 words)

 definition of engage   (Site not responding. Last check: 2007-10-29)
To gain for service; to bring in as associate or aid; to enlist; as, to engage friends to aid in a cause; to engage men for service.
To employ the attention and efforts of; to occupy; to engross; to draw on.
To enter into conflict; to join battle; as, the armies engaged in a general battle.
www.brainydictionary.com /words/en/engage160119.html   (235 words)

 GSA Award GS-10F-0328K - Conflict Management
On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!, a menu-driven database system.
"Conflict Doctor" Daniel Dana, Ph.D., has developed these simple, proven Alternative Dispute Resolution (ADR) methods during a career spanning 30 years dedicated to the prevention and early resolution of workplace conflicts.
Certified Trainers of Managing Workplace Conflict are located throughout the United States and abroad.
www.mediationworks.com /gov   (606 words)

 Boston.com / News / Local / Conflict seen in teacher contract vote
Under the contract, teachers did not receive a pay increase this year, but will receive 3 percent increases for each of the next two years.
DeLutis said that health insurance negotiations were handed over to a special committee early in the process and that his role in that area was minor.
School Committee member Ursula Garfield, who was on the negotiating team, said the possibility of a conflict of interest never occurred to any of the negotiators or even to the lawyers representing both sides.
www.boston.com /news/local/articles/2005/03/13/conflict_seen_in_teacher_contract_vote?mode=PF   (679 words)

 IF: Standard Contract
If, during the term of this Contract, a conflict or risk of conflict of interest arises, the PROVIDER undertakes to notify the CLIENT immediately in writing of that conflict or risk.
However, should the severance of such provision or provisions substantially adversely affect the primary purpose of this Contract, this Contract may be canceled upon thirty (30) days' written notice by either party to the other.
This Contract shall be construed in accordance with the substantive laws of the State of Michigan of the United States of America, except the questions affecting the construction and the effect of any copyrights shall be determined in accordance with the law of the issuing country.
www.what-if.com /LEGAL/contract.html   (2043 words)

 Philips Contract Struggle — prol-position
They are employed according to a collective contract comprising of three stages: they start working earning about half the wage of a PSH worker, they can 'improve' their pay to a maximum of two thirds of the PSH wage.
Under the name of IG Metall a collective contract was signed whose consequences became relevant only later on: allegedly in order to encourage new employment by lowering the entry wages (wages during the initial period after being hired), the works council agreed on excluding the question of extra-payment for shift-work from the collective contract.
We tried to question the contract afterwards, but the colleagues were happy that at least the conflict about the pending shift to the chemical sectors contract was solved, that they could stick to the metal contract.
www.prol-position.net /nl/2006/06/philips   (4408 words)

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