BUL 4 part 7
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15 terms
Terms | Definitions |
|---|---|
 covendent not to compete (noncompete agreement) | contractual term "you cant compete with me if we fire you or you quit. cant do it for 3 years, and you cant do it in 5 states.".... employees cannot leave and go directly into competition against the employer and will not go to work for a competitoe for a certain time, usally for 1-3 years. in some states where such clauses are legal, some employers use them aggressively to discourage other companies from hiring their employees. sometimes the court limits the time and geography so people wont be without jobs. |
| Principal's ratification | acceptance of responsibility. Ex) Principal not liable for sub-agent if not agreed by principal but if principal agreed liable for acts of subagents. Also liable for both - agent and subagent |
| implied agency | in an implied contract= Ex)selling a car and tells one person, but john else over hears it. well same thing as _______. (well if john came back with a buyer , he now has to ratifiy a relationship with john as an agent. ) in () is the ______ |
| the acts of 1991 | ______ increased the pentalty for violating the civil acts rights of 1964.WHICH IS prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. An employer cannot discriminate against a person because of his interracial association with another, such as by an interracial marriage. this ___________ said if they transfer an employee that is disrepectful to everyone to another branch of the comapny like to france. before this act, he can harrass people like he was doing here but in france, now this act says that the 1961 act now applys extra territorial. now make the comapny liable for what he does in france. |
| Equal Employment Opportunity Commission (EEOC) | Enforce majority of all federal antidiscrimination laws.* ( it also deals with civil rights violations.) |
| Bona fide occupational qualification (BFOQ) | this is a way, you as an employer cannot hire someone and never be aqused as disrimination behavior. (sex, color, race) |
| Franchises | its a permit to use another person's copyright, trademark, and trade name in your business. (A contract between a parent company (franchisor)and an operating company (franchisee)to allow the franchisee to run a business with the brand name of the parent company, so long as the terms of the contract concerning methods of operation are followed.) |
| Force Majeure Clause | Superior or irresistible force" it protects contracting parties from problems beyond their control. you put it in every contract when your doing international business. ex) your an ameican country buisness and your doing business with a frech company. you put ________ in the event of something happening in france that causes the contracts terms to not being able to be fulfilled, hes and i are not liable so we're free of the contract. 10:00 |
| Confiscation and Expropriation. | if your doing business in a forigen nation, and there is a political upheaval, and they decide to take your property( how does the goverment of another country take over your corporate headquarters?.) this is called |
| delegation doctrine of law | congress through the U.S constitution delegates some of its authority to an administrative agency. |
| common law nu cents and tress passes. | if you have no way of protecting your real estate, because there is no law to solve the problem your experiencing. you can sue, to whoever is causing this problem under the ________. its there for you to use to protect your real estate. |
| Ultra Vires doctrine | theres a doctrine in the corporate law called ________. ex) your company is doing certain types of business,and all of a sudden you start doing real estate but you dont have that in your corporate charter, your not licensed for it , YOU CANT DO IT. this act allows a lawyer to say in the court room, " you damage my clients, by doing something are not allowed to do by law, makes it an illegal act, and i pierced the corporate vail." (acting outside the scope and authority of the corporate powers.) |
| tort of wrongful discharge | a boss doesn't like one of his employees tie. so he decides to fire him. this is called _________. |
| at will employments | even effects 1 3 partner way contract and if one of the members starts doing bad, then they destroy the contract. |
| exemptions. wrongful discharged | there are ___1____ to firing an at will employee. you cannot be fired for the following. 1) you are asked to notarize deeds that you saw nobody sign, cause you were on vacation, that's illegal. 2) if you were asked to do military service or jury duty, that cannot fire you. 3) you file bankruptcy 4) file workers comp claim all these example of _______2____ |
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