Assignment: Jones and Bartlett Publishers

Want create site? With you can do it easy.

Assignment: Jones and Bartlett Publishers

Assignment: Jones and Bartlett Publishers

Permalink:

Struggling to find relevant content or pressed for time? – Don’t worry, we have a team of professionals to help you on
Assignment: Jones and Bartlett Publishers
Get a 15% Discount on this Paper
Order Now

LEARNING OBJECTIVES

  • Explain what a contract is and the elements thereof.
  • Discuss independent contractors, as they apply to contract law.
  • Describe how a hospital can be liable for the acts of a physician based on the concept of contract law.
  • Explain the possible defenses and remedies for nonperformance of a contract.
  • Describe under what circumstances an employee handbook could be considered a contract and how to avoid that assumption.

Contract

  • A special agreement, written or oral, that involves legally binding obligations between two or more parties.

Purpose of a Contract

  • To specify, limit, & define agreements that are legally enforceable.
  • A contract forces the participants to be specific in their understandings & expectations of each other.
  • Contracts serve to minimize misunderstanding & offer a means for parties of a contract to resolve disputes that may arise.

Types of Contracts – I

  • Express
  • Oral
  • Written
  • Implied
  • Voidable

Elements of a Contract – I

  • Offer
  • Consideration
  • Adequacy

Elements of a Contract – Acceptance

  • Meeting of the Minds
  • Definite & Complete
  • Duration
  • Complete and Conforming

Breach of Contract

  • Occurs when there is a violation of one or more of the terms of the contract.
  • Elements necessary to establish a breach
  • a valid contract was executed.
  • plaintiff performed as specified in the contract.
  • defendant failed to perform as specified in the contract.
  • plaintiff suffered economic loss as a result of defendant’s breach of contract.

Competent Parties

  • Corporations
  • Partnerships
  • Agents
  • Independent Contractors

Legality of Object

  • To be a valid contract, the contract must not violate any federal or state statute, law, rule or regulation.

Conditions

  • Act/s or event/s that must occur or be performed by one party before the 2nd party has any responsibility to perform under the contract.

Performance

  • Substantial performance by one party to a contract will obligate the other parties to perform.

Nonperformance Defenses – I

  • Fraud
  • Mistakes
  • Mistake of Fact
  • Mistake of Law
  • Duress
  • Illegal Contract
  • Impossibility
  • Statute of Limitations

Remedies

  • Specified Performance
  • Monetary Damages
  • General & Consequential Damages
  • Duty to Mitigate Damages

Employment Contracts

  • Express Agreement
  • Implied Contracts

Text Cases: Employment Contracts

  • Nurse Breaches Contract:
  • Repayment of Tuition Required
  • No Express Agreement: Right to Terminate
  • Restrictive Covenant Enforceable
  • Restrictive Covenant Not Enforceable

Employee Handbooks – I

  • Elements necessary to establish employee handbook as a contract:
  • policy statement that clearly sets forth a promise the employee can construe to be an offer
  • policy statement must be distributed to the employee, making him or her aware of the offer
  • after learning about the offer & policy statement, the employee must “begin” or “continue” to work

Employee Handbooks – II

  • Hospital Violates Provisions of Employee Handbook
  • Handbook Not a Contract Due to Disclaimer
  • Termination of Contract Due to Insubordination

Medical Staff Bylaws a Contract

  • Applicants for appointment to a medical-dental staff submit a signed application attesting he has read & agree to accept & abide by the bylaws.
  • The physician promises to abide by the medical staff bylaws in exchange for medical staff privileges.
  • Exchange of promises, constitutes consideration to support any contract of this bilateral nature.

Exclusive Contracts

  • An organization often enters into an exclusive contract with physicians or medical groups for the purpose of providing a specific service to the organization.
  • Exclusive contracts generally occur within the organization’s ancillary service departments (e.g., radiology, anesthesiology, and pathology).

Noncompetitive Contract Clauses

  • Often included in employment agreements.
  • Agreement not to practice within agreed upon geographic area.
  • Legal counsel should be sought prior to executing such agreements.

Transfer Agreements – I

  • Identification of parties to agreement
  • Purpose of agreement
  • Policies & procedures for transfer
  • Organizational responsibilities for transfer
  • Exchanging/Sharing information

Transfer Agreement – II

  • Retention of autonomy
  • Procedure for settling disputes
  • Procedure for modification or termination
  • Sharing of Services
  • Publicity
  • Exclusive v. Non-exclusive agreement

Insurance Contracts

  • Form of risk management used primarily to hedge against risk of potential loss.
  • Insurer obligation to indemnify insured for losses caused by specified events.
  • Insured pays fixed premium

Review Questions – I

What is a contract?

Describe differences between express & implied contract.

What are the elements of a contract?

Discuss remedies available for nonperformance of a contract.

Discuss importance of disclaimers in employee handbooks.

Review Questions – II

6. Discuss why courts often consider medical staff bylaws a contract.

7. Explain why exclusive contracts are so controversial.

8. What is an insurance contract?

Did you find apk for android? You can find new and apps.

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with MyCoursebay
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
Testimonials
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
Nursing
Looks good. Thank you!!
Customer 452525, April 27th, 2022
Nursing
Thank you for helping with my assignment.
Customer 452707, July 8th, 2022
Strategic Management
Thank you very much for the help, really appreciate it
Customer 452821, June 27th, 2022
Professions and Applied Sciences
Amazing work!
Customer 452707, May 29th, 2022
Nursing
Everything was done perfectly. Thank you.
Customer 452707, June 15th, 2022
Finance
Thank You
Customer 452643, October 24th, 2021
Other
Great Work!
Customer 452587, March 10th, 2022
Technology
I can work with it and massage it to what I need. Thank You
Customer 452827, July 19th, 2022
Strategic Management
Thanks for the help, really appreciate it
Customer 452821, September 8th, 2022
English 101
I'm glad i came to you guys
Customer 452519, May 11th, 2021
Human Resources Management (HRM)
Thanks for your assistance and promptness.
Customer 452701, November 1st, 2022
Other
AWESOME
Customer 452813, June 21st, 2022
11,595
Customer reviews in total
96%
Current satisfaction rate
3 pages
Average paper length
37%
Customers referred by a friend
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat

Get your perfect essay with a 15% discount. Use DC15

NEW

Thank you for choosing MyCoursebay. Your presence is a motivation to us. All papers are written from scratch. Plagiarism is not tolerated. Order now for a 15% discount

Order Now