Understanding Contract Law: Principles, Damages, Defamation, and Liability
Classified in Law & Jurisprudence
Written at on 
English with a size of 3.23 KB.
Basic principles of a contract
-Canons of interpretation:
- as an integrated whole
- Most strictly against the party that drafted the document, in the case of an ambiguity
- Perspective of the worst case scenario
Fundamental aspects of a contract
- Agreement
- Consideration
- Capacity
- Legality
Damages
- Compensatory damages
- Specific performance
- Restitution
- Penalty provision
- Rescission
Authority
- Actual authority
- Apparent authority
Defamation
- Tort Theories and employment
Public Policy
- Employment discrimination
- Whistleblowing
- Cooperation in an investigation against the company
- Submission of unfair labor practice charges
- Complaints about safety hazards/violations
Vicarious Liability
- Respondeat superior (let the master respond)
- Employee actions must be within “scope of employment”
Hiring, Supervising, Retention
- Negligence in employment-related decisions
- Develop and follow protocols for hiring employees, even when a candidate is known
- Train managers to supervise and discipline employees appropriately
- Develop a no-tolerance policy regarding workplace violence and inappropriate behavior, and train employees to resolve disputes
Independent Contractors
- Status is determined by variety of factors
- Employer avoids the prospect of vicarious liability based on the independent contractor’s actions
Competitive Advantage Strategies
- Develop and follow protocols for hiring employees, even when a candidate is known
- Independent contractors:
- Develop a list of necessary credentials for independent contractors, and hire only those who meet the criteria.
- Require a list of references, and check them carefully.
- Volunteers:
- Screen and select volunteers with the same care that you use for employees in the same capacities.
- Use particular care when screening volunteers who will be in positions of authority and trust with minors.
Title VII:
- Protected classes: Race, Color, Religion, Sex, National origin
- Applies to employers with 15 or more full-time employees.
- Does not apply to independent contractors or to private membership clubs.
Disparate Treatment Vs Disparate Impact
Disparate treatment:
- Claim requires a finding of intentional discrimination:
- Direct evidence of intent
- Inference from circumstantial evidence relating to the way the employer has treated others
- Evidentiary burdens:
- Burden of production
- Burden of proof
Disparate Impact:
- Used when a plaintiff has appropriate statistical evidence that a “neutral” employment practice has had an impact on members of a protected class.
- Successful claims are rare:
- Difficult to establish that a workforce pool has been negatively impacted.
Burden shifting analysis (Mcdougal)