Contractual Term - Factbites

Contractual Term - Factbites
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Topic: Contractual Term

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In the News (Fri 11 Dec 09)

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	Dorsey & Whitney LLP: Publications: Legal Updates: Contractual Integration:An Alternative to Equity-Based Models for Hospital-Physician Specialty Services Partnerships
		Contractual integration serves a useful purpose when a hospital and organized group(s) of specialty physicians wish to align strategic, operating, clinical program and market interests, and equity partnerships are not feasible or have been ruled out by way of analysis of dynamics that pertain, including legal and regulatory.
		Contractual integration is a method of aligning the interests of specific groups of specialty physicians and hospitals toward goals focused on enhanced capital efficiencies, operating efficiencies, geographic expansion, clinical excellence, and customer service – without the use of equity joint ventures.
		Contractual integration does not create incentive payments for physicians to withhold care, but physicians are engaged to enhance the quality care provided while managing waste and inefficiency.
	www.dorsey.com /publications/legal_detail.aspx?FlashNavID=pubs_legal&pubid=119445103 (2812 words)

	A FORMAL APPROACH TO CONTRACTUAL DURESS†
		The formal approach to contractual duress takes the legal rights of the parties as the baseline from which the wrongfulness of proposals is measured; it is thus firmly on the normative side of this debate.
		Approaches to contractual duress that focus on the consequences of enforcement, rather than on the interactions of the contracting parties, risk enforcing agreements that do not respect these presuppositions, and thus risk inconsistency with the rest of contract law.
		But this cannot be the sense in which the term coercion is used in the law of contract.
	www.utpjournals.com /product/utlj/472/472_stewart.html (18181 words)

	Search Results for contractual - Encyclopædia Britannica
		The term trade agreement or commercial agreement can be used to describe any contractual arrangement between states concerning their trade relationships.
		the labour of workers whose freedom is restricted by the terms of a contractual relation and by laws that make such arrangements permissible and enforceable.
		In theory, contractual obligations should be concluded between parties of substantially equal awareness and bargaining power and for purposes fully approved by society.
	www.britannica.com /search?query=contractual&submit=Find&source=MWTEXT (434 words)

	Contractual Savings or Stock Markets Development: Which Leads? (SMEALSearch) - Pal,Rangaswamy,Giles,Debnath
		What is different about contractual savings is that their liabilities are long-term and illiquid assets in asset holders' portfolios.
		We argue that among institutional investors, contractual savings institutions are the most effective at developing capital markets.
		This paper studies the relationship between the development of contractual savings (assets of pension funds and life insurance companies) and capital markets.
	gunther.smeal.psu.edu /8508.html (271 words)

	Legal instrument - Wikipedia, the free encyclopedia
		Legal instrument is a legal term of art that is used for any written legal document such as a certificate, a deed, a will, an Act of Parliament or a law passed by a competent legislative body in municipal (domestic) or international law.
		To date, the variety (and inadequacy) of the definitions used for digital signatures (or electronic signatures) have produced a legal and contractual minefield for those who may be considering relying on the legality and enforceability of digitally signed contracts in any of many jurisdictions.
		Legal instruments have undergone a progressive process of dematerialisation as it is now possible to sign digital documents, have them date and time stamped, or otherwise verified through various schemes of encryption and document authentication without benefit of actual parchment, seal, stamp, paper, or even ink.
	en.wikipedia.org /wiki/Legal_instrument (428 words)

	Agricultural Finance Review
		Using the unrestricted model as an example, mean-reverting models imply that the long-term mean interest rate to which the short-term rate tends to revert is given by α/β, and the speed with which the reversion occurs is given by β.
		Although not reported, the variance estimates of the AER simulations indicate anywhere from about 150 to 2,000 replications are needed to construct a 95% confidence interval that the AER estimate is within 10 basis points of the true value, depending on the term structure in question.
		The high end of this range occurs under the term structure implied by the unrestricted model and because the simulations reveal a minimum random draw of 7.12% for the variance implied by the unrestricted term structure, which is greater than the long-term average of 6.89%.
	afr.aem.cornell.edu /58/volume_58_article2.htm (428 words)

	Recent developments in contract law
		On the substantive issue of whether or not a particular contractual term is reasonable, these decisions tend to turn on their individual facts and there is little to be gained from reciting all the various cases in which a particular contractual term has been considered.
		The evidence did not establish that the mother was mistaken as to the character of the document she was signing when she transferred the property to the owner's sister: it only showed that she had no opinion at all as to what the document was.
		In Williams v Roffey Brothers and Nicholls (Contractors) Ltd. [1991] 1 QB 1, the Court of Appeal decided that due performance of existing obligations could provide consideration for a further contract since there might be "practical benefit" in obtaining the proper performance of the original obligations.
	www.3vb.com /pgs-articles/jn-recent-devs-contract.shtml (6098 words)

	060505AG20053483
		MR DASHAN: I mean it is not, in my experience, that any contractor, especially one in the finishing trades, is prepared to pay additional moneys if it wasn't a contractual term in the first instance.
		MR DASHAN: I would expect that that would be either certified or a contractual term.
		Now, Mr Dashan, the statutory declaration indicates that the relevant award for the purpose of the no disadvantage are the Building and Constructor Workers State Award and the Building Trades SA Award.
	www.airc.gov.au /documents/Transcripts/060505ag20053483.htm (3316 words)

	1993 NAC 104 Bart Police Officers Association, Local 1008 and Bay Area Rapid Transit District
		Section 14, the contracting clause, calls for "department personnel" to perform "work connected with the operation of the Police Services Department." This provision covers more than "unit work." Any doubt on this score is resolved by the parties' use of the term "department personnel" rather than "employees," the contractual term for unit employees.
		The term "Police Unit" means the unit of sworn and non-sworn employees.
		This is the second grievance over the assignment of Police Services Clerk Marie Ramos as a temporary replacement for Janie Porter, Secretary to Chief Harold Taylor of BART Police.
	www.lawmemo.com /arb/award/1993/104.htm (3316 words)

	Vandenberg Client Memo
		The insurers argued that a long line of cases held for the proposition that the term "legally obligated to pay as damages" referred to claims arising in tort (ex delicto) rather than contractual claims (ex contracu) and thus contractual claims were not to be covered.
		The court, in finding that the policies in issue did not preclude coverage for contractual claims, held:
		Moreover, we reject the ex contractu/ex delicto distinction, which derives from a misreading of the seminal case, Richie v.
	www.ch-law.com /articles/vandenberg.htm (3316 words)

	Estate agent (United Kingdom) - Wikipedia, the free encyclopedia
		Estate agent is a United Kingdom term roughly synonymous with the United States term real estate broker, a business that arranges the selling, renting or management of homes, land and other buildings.
		However, sometime during the 20th century 'estate agent' started to be used as a generic term, perhaps because it was thought to sound more impressive.
		Estate agents selling residential property generally charge between 1-3% of the sale price plus VAT, depending on the contractual arrangement and whether an individual firm has sole rights to the sale.
	en.wikipedia.org /wiki/Estate_agent_(United_Kingdom) (457 words)

	Mitigating Interest Rate Risk In Today’s Low Yield Environment
		Forward starting swaps, for example, enable floating rate borrowers to continue to benefit from low short-term rates while committing now to pay a fixed rate to begin in the future.
		The swap agreement is a contractual obligation between a financial institution and a borrower to exchange net future interest payments based on an agreed notional principal amount.
		Many variable rate corporate borrowers hedge their medium to long term funding risks by using interest rate swaps to fix their debt costs.
	www.bofabusinesscapital.com /resources/capeyes/a11-02-132.html (1267 words)

	EGSA Powerline Magazine - Articles
		The generating set manufacturer has to take responsibility that his design will not create undue linear vibration that might have long term durability problems associated with engine, generator or panel mounted components.
		It is a very time consuming job but in the long term must have a considerable benefit to AMPS members.
		The acceptance test is normally required where contractual conditions apply and verification that particular performance criteria are met.
	www.egsa.org /powerline/plarticle.cfm?article=30 (696 words)

	British government backs plan to save British Energy
		The NLF will also receive a contractual entitlement to receive 65% of the net cash flow of the British Energy Group (after tax, financing costs and transfer to cash reserves), which will go towards the company’s £5.2bn total liabilities.
		A ceiling of £899m on the amount of aid British Energy can receive was imposed by the EC, though this allows for an extra £276m for contingencies identified by British Energy until a long-term solution for the company is found.
		While this is a short-term measure, BNFL has been able to negotiate extensions for fuel supply contracts to British Energy’s eight nuclear plants (and 15 nuclear reactors).
	www.bellona.no /en/energy/nuclear/27560.html (1457 words)

	GrandPrix.com > Features > Globetrotter > Lunch with Honda, life as a gooseberry and F1 contracts
		It struck me that the term "Gooseberry Season" is actually rather more apt a name than silly season in Formula 1 because as the contractual negotiations take place for next season, there are always people who end up "playing the gooseberry".
		It is sour by nature and the word is often used as a derogatory term.
		Olivier Panis is the gooseberry at British American Racing, although one might argue that Jacques Villeneuve is also fulfilling that role as well as the team has made it clear that it is not keen to keep him for 2003 unless he will commit himself to a longer deal at a lower cost.
	www.grandprix.com /gt/gt00230.html (1321 words)

	TXTG - 32004D0270 - bas-cen
		Furthermore, the steel mills concerned may counterbalance any risk of "exploitation" from the purchaser of the iron ore interest to be divested, either by obtaining a higher purchase price reflecting future price expectations, or by reaching long-term contractual arrangements with the acquirer.
		However, the results of the Commission's investigation show that these changes are limited, as the proportion of the distinct iron ore products used in the individual burden can only vary to a limited extent (usually 3 to 5 %), at least in the short and medium term.
		Iron ore consumers can be divided into two types: first, the basic oxygen furnace (BOF) steel mills producing pig iron from sinter (fines), lump, pellets and, to a lesser extent, scrap, and secondly, the direct reduction segment using pellets and lump to produce direct reduction iron (DRI) for electric arc furnace (EAF) steel production.
	europa.eu.int /smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=32004D0270&model=guichett (1321 words)

	Amazon.com: Interest Rate Risk Modeling : The Fixed Income Valuation Course: Books: Sanjay K. Nawalkha,Gloria M. Soto,Natalia K. Beliaeva
		The authors also give realistic IRR models for Eurodollar futures and Treasury futures that take into account realistic contractual features such as "cheapest to deliver bond" and "conversion factors" and the fact that Treasury futures are discount instruments while Eurodollar futures are add-on instruments.
		The Trilogy in Fixed Income Valuation and Risk Analysis comprehensively covers the most definitive work on interest rate risk, term structure analysis, and credit risk.
		The definitive guide to fixed income valuation and risk analysis The Trilogy in Fixed Income Valuation and Risk Analysis comprehensively covers the most definitive work on interest rate risk, term structure analysis, and credit risk.
	www.amazon.com /exec/obidos/tg/detail/-/0471427241?v=glance (1266 words)

	USCA1 Opinion 02-1064
		Because we find that the arbitrator determined that Beaupre was guilty of insubordination, his decision to fashion a separate remedy due to mitigating circumstances impermissibly substituted his own notions of industrial justice over those established by the contract.
		Lastly, the Union argues that because the collective bargaining agreement did not define the term insubordination, it was necessary for the arbitrator to devise a definition of insubordination and determine whether the actions of Beaupre were those which constitute insubordination warranting termination under the Agreement.
		Instead, the arbitrator stated that there was "one remaining issue for discussion, that being the level of discipline imposed." After thus declaring that he was now exploring remedial possibilities the arbitrator broke down the term "insubordination" into two types: straightforward insubordination, and insubordination in the presence of mitigating circumstances.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=02-1064.01A (5860 words)

	Encyclopedia of Small Business - Eq-Inc
		Free-lance employees, also known as independent contractors, are individuals who work on their own, without a long-term contractual commitment to any one employer.
		Franchising is a kind of licensing arrangement wherein a business owner, known as the "franchisor," distributes or markets a trademarked product or service through affiliated dealers, who are known as "franchisees." While these franchisees own their establishments, terms of franchising agreements typically require them to share operational responsibilities with the franchisor.
		A free-lance employee usually performs services or completes work assignments under short-term contracts with several employers, or clients, who have the right to control only the final result of the individual's work, rather than the specific means used to get the work done.
	www.referenceforbusiness.com /small/Eq-Inc/index.html (3122 words)

	Demystifying Volatility, Part 2 -- Implied Volatility
		The remaining term of the traded option should be as close as possible to the expected or contractual term, as applicable, of the employee stock option.
		Implied volatility is determined by using the current option price, often readily available from public sources, and solving for the volatility input.
		Historical volatility can be a starting point for this assumption, but additional information may be needed to produce a reasonable assumption, in particular for companies with limited historical data or companies that expect future data to differ significantly from historical data.
	insight.chicagoconsultingactuaries.com /Insight/Documents/DemystifyingVolatilityPart2.aspx (1532 words)

	Social contract - Wikipedia, the free encyclopedia
		All members within a society are assumed to agree to the terms of the social contract by their choice to stay within the society without violating the contract; such violation would signify a problematic attempt to return to the state of nature.
		Specific government initiatives using the term "Social Contract" in their name are listed in the article Social Contract (disambiguation).
		Rousseau's version of the social contract is the one most often associated with the term "social contract" itself.
	en.wikipedia.org /wiki/Social_contract (2334 words)

	Encyclopedia of Small Business - Eq-Inc
		Free-lance employees, also known as independent contractors, are individuals who work on their own, without a long-term contractual commitment to any one employer.
		A free-lance employee usually performs services or completes work assignments under short-term contracts with several employers, or clients, who have the right to control only the final result of the individual's work, rather than the specific means used to get the work done.
		Ergonomics is the process of changing the work environment (equipment, furniture, pace of work, etc.) to fit the physical requirements and limitations of employees, rather than forcing workers to adapt to jobs that can, over time, have a debilitating effect on their physical well-being.
	www.referenceforbusiness.com /small/Eq-Inc/index.html (3122 words)

	Gibbons, Del Deo, Dolan, Griffinger & Vecchione
		The expanded definition states: "For purposes of this section, the term 'make and enforce contracts' includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship." 42 U.S.C. Section 1981(b).
		In 1997, a class action lawsuit was filed against Abbott Laboratories on behalf of African-American employees alleging, inter alia, racial discrimination in promotion and pay (but not termination) in violation of 42 U.S.C. Section 1981 ("Section 1981") which, inter alia, makes it unlawful to discriminate in contracting based on race and color.
		Since the enactment of the Civil Rights Act of 1991, therefore, it has been clear that Section 1981 prohibits discrimination in contractual relationships beyond contract formation.
	www.gibbonslaw.com /publications/articlesuser2.cfm?pubid=1158 (1017 words)

	Trains.com - What's the difference between railroad and railway?
		There is a difference between a railway and a railroad which I believe begins in the incorporation, it is a legal and a contractual difference.
		There are dozens of large US railroads that use or used the term "railway" in their name.
		The stock exchange used the term "railway," but the companies themselves mostly called themselves "railroad." For example, the New York Central was called a railroad on its schedules, depots, etc., but was called the New York Central Railway on its stock certificates.
	www.trains.com /community/forum/topic.asp?TOPIC_ID=38283 (1153 words)

	Q&A Failure of Consideration
		The term "failure of consideration" covers every case where a contractual obligation is not performed irrespective of the fault of the breaching party.
		Because the generic term "failure of consideration" to describe a breach of contract is potentially misleading its use for that purpose should be discouraged.
		When there is a "lack of consideration," no contract is ever formed, but when there is "failure of consideration," a contract, valid when formed, becomes unenforceable because performance bargained for has not been rendered.
	www.law.washington.edu /courses/ramasastry/A501C/q&a/Q&A_Failure_of_Consideration.html (837 words)

	Mixed Waste Processing
		Although a MWP facility may be a beneficial part of an integrated solid waste management program, local governments should carefully consider clauses in contractual agreements that could inhibit future waste reduction efforts.
		Such long-term contracts may be inadvisable for communities and waste generators as they may stifle better options that may become available in the shorter term.
		MWP recycling rates tend to be much lower than those for successful curbside or drop-off recycling programs.
	www.p2pays.org /ref/01/00028.htm (837 words)

	article_2005_04_27_0553.html
		Son of the late Liberian President, William V. Tubman, William V.S. Tubman, Jr., says he question the authority of the Charles Gyude Bryant’s Government to commit future government to long term contractual agreements especially the Firestone Contract and other contractual agreements that are being awarded to individuals and companies in the Freeport of Monrovia.
		Tubman who is affectionately known as ‘Baby Shad’ is one of the presidential aspirants in the coming October 11, 2005 general and presidential elections, noted that the rebirth of Liberia is here, and stressed that Liberians will not sit and watch the NTGL commits future government at will.
		Tubman is mistaken by such comments, adding, “The NTGL is the government of the day so as such it has the power and authority to enter into any agreements that will commit the future government”.
	www.theliberiantimes.com /article_2005_04_27_0553.html (358 words)

	Mixed Waste Processing
		Although a MWP facility may be a beneficial part of an integrated solid waste management program, local governments should carefully consider clauses in contractual agreements that could inhibit future waste reduction efforts.
		Such long-term contracts may be inadvisable for communities and waste generators as they may stifle better options that may become available in the shorter term.
		Waste material can be baled for landfill disposal or shredded for incineration.
	www.p2pays.org /ref/01/00028.htm (358 words)

	En Pointe - License Management - Powerquest
		Powerquest's Forecast License Program (FLP) is a two-year, contractual agreement for customers who can forecast the amount of Powerquest product they will purchase during the term of the contract.
		Powerquest's Open License Plan (OLP) is a non-contractual volume licensing program designed for large and mid-tier organizations.
		Powerquest offers three different volume purchase programs to make it easy for large and mid-tier organizations to purchase at a deep discount.
	www.enpointe.com /Software_Majors/Powerquest.htm (359 words)

	76842 -- City of Manhattan v. Galbraith -- Gernon -- Kansas Court of Appeals
		Taco Tico argues that the district court's reliance on the termination provision in the lease to preclude it from sharing in the lump sum payment is indistinguishable from what normally occurs by law and, thus, should not bar it from obtaining its share of the damages.
		Taco Tico contends the district court erred in ruling the termination clause of the lease precluded it from sharing in a portion of the condemnation award for the loss of its leasehold.
		Taco Tico leased property from Galbraith and Scott and subleased the property to its franchisee, L.J.K., Inc. The lease was prepared by Taco Tico and provided for a term of 15 years with two 5-year options.
	www.kscourts.org /kscases/ctapp/1997/19970912/76842.htm (359 words)

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In the News (Fri 11 Dec 09)