Comparative Law Essay Example | Topics and Well Written Essays - 1250 words

Comparative Law - Essay Example It is a necessary element of a contract that is intended to be legally binding. In cases where a party is attempting to prove the existence of a contract, evidence of consideration often proves useful. However, "the onus is on the party seeking to prove the contract to demonstrate intention and the nature of the relationship between the parties." (Clarke, 2008). Additionally, in order to prove that both parties intended to enter into legal relations with one another, the agreement must have been very specific in its material components. "An agreement which is 'vague or ambiguious', incomplete or constitues a mere 'agreement to agree' will not be enforceable." (Clarke, 2008). In terms of proving a contract's validity, it is important to note that contracts do not always have to be written; they can be oral. Certain types of contracts, as protected by the 1677 Statute of Frauds, do have to be signed. And it is certainly much easier to prove the validity of a contract with a signed docu ment. (Clarke, 2008). German contract law is known to place an emphasis on citizens' rights to govern their own affairs with no or little interference from the government. According to the Principle of Abstraction, "contracts only create an obligation, but there are no actual changes to the legal correlation concerning the object of the contract." (Wikipedia, 2008). In recent years, however, Germany has been moving toward a trend of greater regulation. According to Germany's Civil Code 157, "contracts are to be interpreted in accordance with good faith and fair dealing having regard to commercial practices." (Lando, 1996). Contracts are often voided if an unfair weight is placed on one of the involved parties, especially if that party is somehow weaker, such as a minority or a consumer rather than a professional. In contemplating the validity of a contract, also to be considered are the issues that were involved in the initial formation of that particular contract. (Wikipedia, 2008). Germany is a member of the European Union, which has its own set of regulatory principles regarding contracts. (Wikipedia, 2008). The Principles of European Contract Law is a lengthy document detailing regulations of contracts to be governed by law of the European Union. Some of the articles in this set of principles, to be addressed subsequently, pertain to contract terms, revocation of an offer, and unfair advantages. The European Union includes, as of January 1, 2007, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. (Rosenberg, 2007). Chinese contract law holds both parties involved in a contract to be legally equal. Similar to contract law in Germany, those contracts in which one party unfairly takes advantage of another party may be voided. Contracts in China may be oral or written but similar to both Australia and Germany, there are certain circumstances in which a contract must be written and signed. One of these cases is that of a lease. Whether oral or written, contracts must include which parties are involved, the object or subject of the contract, quantity and quality specifications, remuneration, time limit, method of performance, legal

Organizational behavior concepts Essay Example | Topics and Well Written Essays - 2250 words

Organizational behavior concepts - Essay Example Managers are able to develop an understanding of what motivates employees to learn, train and perform optimally as individuals through the use of organizational behavior concepts. Managers realize there are many dynamics behind working within a group and the importance of group behaviors and communicating is a key link to empowering and controlling conflicts a group. Overall, in order for managers to be successful and effective they must utilize and develop the use of organizational behavior concepts that will enhance not only there own abilities but also there employees. Inexorably, the general movement in this country toward protecting both individual and group rights and sensitivities has spawned a number of innovative ideas and control mechanisms. These range from what might be subsumed under political correctness to particular penalty devices in criminal justice. Although not concerned with the rather complex social and political forces that have led the country through turbulent rights adjustments culminating in the criminalization of hate, it is important to have some understanding of the background. Fortunately, that understanding is widespread, thanks to the advanced state of public communications media, and requires little explication here. It is, perhaps, sufficient to note that the very concept of hate crime is of relatively recent origin and can best be understood in the context of what has been happening in this country in regard to changing and expanding notions of individual, group, and minority rights. The concept of hate crime does not encompass hatreds in general. One will not find hatred of either Republicans or Democrats, of either Bostonians or New Yorkers, or even of either criminals or noncriminals, in any way proscribed by the criminal law. Usually, it is only when hatred focuses on race, religion, ethnicity, gender, or s exual preference that the criminal law comes into play. Furthermore, hatred in one of those areas, by itself, is not criminal. It is only when some traditionally established crime, such as assault, vandalism and theft can be legally shown to have been motivated by hate against restrictively specified groups does the punitive hate crime mechanism become active. It is difficult to precisely trace the origins of an evolutionary process but certainly the activities of the Anti-Defamation League of B'nai B'rith must be regarded as seminal in regard to notions of hate crime. The League has been tracking one kind of hate crime, anti-Semitic vandalism, since 1960. In 1979, it first started to publish an annual "Audit of Anti-Semitic Incidents." These audits, from the beginning, revealed an alarming trend of increasing anti-Semitic vandalism and violence. The League responded by making greater efforts in terms of education, public exposure, and demands for law enforcement support. In 1981, the League's legal affairs department drafted a model hate crimes legislative bill, and the League continues to hold a leadership position in promoting hate crime statutes. (Anti-Defamation League of B'nai B'rith 1988a) Other organizations, notably Afro-American groups, have also played a leadership role in pursuing hate crimes