study Flashcards
How do facilitate the transition of a new hire.. give acronym
EASE= Encourage, Align(with team), Solve(potential problems, End (distractions)
What is Negligent Hiring
Hiring candidate that manager knew or should have known would be a risk to the workplace
pre-adverse letter
When considering not hiring a candidate due to details revealed in a pre-employment background check
What is validity in pre-employ testing
Refers to degree to which the test actuality measure what it claims to measure
what is doctrine of unsconscionability
an argument in adhesion contracts when they are unfairly written with perhaps fine print or a hidden agenda
What is adhesion contract
contract written by one party where there is no realistic opportunity to negotiate
What is promisory estoppel
legal term that says even if no agreement ironed out, justice requires enforcement of one’s promise when another party has relied on promise, incurred detriment ex dvm offered job and moved then job was cancelled
another name for legal detriment
consideration ex. less than full payment on bill in exchange for payment in full lacks consideration since original bill was agreed upon
Consideration
when people promise to do something they are not legally required to do, or when they refrain from doing something that they have legal right to do ex. non compete
what contracts un statue of frauds must be in writing
1) real estate 2) leases over 1 yr 3) contracts not performed within the year 4)contracts answer debt of another person 5) sale of goods over $500
what 5 elements are essential in a contract
an offer , an acceptance, consideration, an intent to contract, a meeting of the minds
are oral contracts valid and enforceable
yes
What 3 situations regarding capacity to make a valid contract may void contract
Minor (18), Mental disability, Intoxication (courts frown on this one)
what are compensatory damages
award given when plantiff sustains considerable financial detriment
what are nominal damages
a breach of contract with minimal damages, usually award $1
Goods
All things which are movable at the time of identification to the contract of sale
what is an specific performance award
when court decides breaching party must comply with precise terms of contract- not usually in employment contracts
what are most important elements in sales of goods contract
intent of parties illustrated by actions “meeting of minds
what emphasis is placed on UCC contracts
what (intent) a reasonable person in the position of one party would conclude from the conduct of the other
Under meeting of minds- what is critically important
written fee estimates for sale of products and provision of services
When is an implied contract enhanced
when similar transaction occured prior and full payment was made
what is an implied contract
when animal dropped off at hospital w/o communication about services… it is implied they want the animal examined and cared for
what is express acceptance or express contract
a verbal agreement to accept an offer
what is restatement of contracts
says manifestations of willingness to enter bargain is not an offer if person (buyer) has reason to know the offer not intended to be finalize. ex spay of pyometra pet
in todays law, proof of 3 elements is required in enforceable contract, what are they
Understandable offer, knowledgable acceptance, meeting of minds
Traditional contract law
law that applies through the sales of services
What law principles apply to contracts for labor and serrvices
Common law principles
for sales of goods, what type of law applies
UCC, Uniform Commercial code
what is duty to mitigate damages
A duty of plantiff to not incur additional losses
what is restitution
award given when breaching party has been unfairly enriched by acts on non breaching party- usually for contracts that focus on defendent gain not plantiff losses
Law of unjust enrichment
when emergency care is required but no agency relationship exists
law of agency
agents have power to consent to treatment and bind the owners to payment even if owner unaware
non competition clause, restrictive convenent, covenant not to compete
all the same
why do DVM avoid employment contracts
time consuming, $ attorneys, want flexibility, they have been functional w/o for years, believe it sets up distruct between parties
does our legal system encourage good samitariatan to render life saving medical care
yes
what limitations are placed on the law of unjust enrichment
Value (pet) Severity emergency, Attempt to reach owner, stabilizing care