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Unit 1: People in Business Flashcards

1
Q

Contract

A

A legally binding agreement between two or more parties that can be enforced in a court of law, e.g. a contract for the sale of a car

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2
Q

Law of contract

A

Sets out when a contract exists and when it ends

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3
Q

Invitation to treat

A

an indication that offers are welcomed

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4
Q

Offer

A

a clear indication of a party’s willingness to enter into an agreement under specified terms

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5
Q

Acceptance

A

the party receiving the offer accepts all terms of the offer as it stands, either orally, in writing, or by conduct

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6
Q

Intention to contract

A

both parties must be aware that they are entering into a legally binding agreement that could see them in court of they fail to keep their side of the agreement

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7
Q

Capacity to contract

A

all people and organisations have the legal right to enter into a legally binding business contract, with a few exceptions

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8
Q

Consideration

A

each party in the contract must give something of value to the other party. Both parties must gain from the contract

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9
Q

Consent to contract

A

the people and organisations entering the contract must do so voluntarily, with full knowledge of all elements of the contract

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10
Q

Legality of form

A

certain contracts must be in writing if they are to be legally vaild

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11
Q

Legality of purpose

A

a legally valid contract cannot exist for something illegal or itself involve breaking the law

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12
Q

Performance

A

both parties to the contract carry out their duties as required by the contract

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13
Q

Agreement

A

the parties agree to end the contract by mutual consent, whether or not the purpose of the contract has been achieved

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14
Q

Frustration

A

an unforseen event prevents the contract from being completed

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15
Q

Breach of contract

A

if one of the parties does not perform their side of the contractual obligation i.e. does not honour the promises made, the contract is said to have been cancelled

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16
Q

Condition

A

an essential element of the contract

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17
Q

Warranty

A

a non-essential element of the contract

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18
Q

Specific performance

A

the party in breach of the contract is ordered by court of law to carry out its agreed contractual obligations

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19
Q

Caveat emptor

A

‘let the buyer beware’

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20
Q

Consumers’ Association of Ireland (CAI)

A

a voluntary body that provides information and advice to consumers and lobbies the government for improved consumer legislation

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21
Q

Sale of Goods and Supply of Services Act 1980

A

sets out the legal rights of consumers, the legal responsibilities of retailers and the kinds of legal redress available

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22
Q

Unsolicited goods/inertia selling

A

it is illegal to demand payment for goods that were not ordered

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23
Q

Consumer Protection Act 2007

A

protects the consumer from unfair business-to-consumer commercial practices through a variety of measures

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24
Q

Competition and Consumer Protection Commission (CCPC)

A

an independent statutory body that enforces competition and consumer protection law in Ireland

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25
Small Claims Procedure
deals with consumer complaints relating to goods or services purchased for private use, up to a maximum value of €2000
26
Office of the Ombudsman
examines complaints from members of the public who believe they have been treated unfairly by public service providers or public bodies
27
Financial Services and Pensions Ombudsman
an independent, fair and free service that deals with complaints from consumers against financial service providers and pension providers
28
Interest group
any group representing stakeholders who share a common interest or goal. They aim to influence decision makers through negotiation, lobbying or boycotting
29
Trade union
an organisation set up to protect the rights and interests of the workers it represents, especially on issues of pay and conditions of employment
30
Co-operative Relationship
When stakeholders work together towards a common goal or objective (mutually benificial or win-win)
31
Competitive relationship
When stakeholders are rivals or pursue an objective at the other's expense (win-lose)
32
Industrial relations
the relationship between employers and employees in an organisation
33
Trade Dispute
any dispute between employers and employees that is connected to the employment or non-employment, or the terms or conditions affecting the employment, of a person
34
Cost of Living Claim
workers request a pay rise whe n the cost of living increases due to inflation
35
Comparability Claim
workers seek comparable pay to workers doing similar jobs in a different business
36
Relativity Claim
When the pay of one group of workers is linked to another group in the same business despite their different roles
37
Productivity Claim
a pay claim for meeting performance targers or to compensate for changes in the role
38
Negotiation
the employer and employee make a series of offers and counteroffers intended to solve the conflict. They must be prepared to compromise
39
Conciliation
A conciliator - a trusted third party that both sides see as unbiased - encourages the parties to settle the dispute through continued negotiation
40
Mediation
an interactive process where a neutral third party helps the parties to resolve the dispute using specialised communication and negotation techniques
41
Arbitration
both sides agree beforehand to an independent third party's intervention, investigation and judgement, and whether or not the outcome should be binding or non-binding
42
Unfair Dismissals Act 1977-2015
outline when it is unfair for an employee to lose their job or be dismissed
43
Redundancies
can be voluntary or compulsory. Some employees may choose to take voluntary redundancyig the pay package is attractive. However, if the employer requires employees to take compulsory redundancy this can lead to industrial dispute
44
Constructive Dismissal
if an employee resigns from their job, with or without prior notice, due to the conduct of their eployer towards them
45
Grievance Procdeure
a set structure for presenting and responding to any problems or conflict and includes a timeframe e.g. any letter sent by the employee outlining the issue is responded to within two weeks by the employer in writing
46
Employment Equality Acts 1998-2015
outlaw discrimination in a wide range of employment and non-employment related areass, including recruitment and promotion, equal pay, working conditions, training or experience, dismissal or harrassment, including sexual harassment
47
Discrimination
treating one person more favourably than another person has been or would be treated in a comparable situation under the nine grounds of discrimination
48
Industrial Relations Act 1990
contains most of the law on trade disputes and industrial action and sets out the rules concerning industrial action
49
Picketing
involves walking up and down peacefully outside the place of employment with signs displaying the workers' issue with the employers
50
Primary picketing
it is lawful for workers to picket peacefully at the place where their employer works or carries on business, provided it is for the purpose of peacefully communicating information
51
Secondary Picketing
the picketing of an employer other than the one concerned in the dispute. This is legal only when it is reasonable for the picketing workers to believe that the second employer was acting to frustrate the industrial action by directly assisting their employer
52
Work to rule/overtime ban
employees only work precisely as per their contract to the 'letter of the law' refusing to work extra hours (overtime) or perform non-contractual tasks
53
'Go slow'
employees stay at work but slow down the operations drastically, sometimes making it impossible for the business to function. As they are still at work, they are entitled to be paid
54
Token stoppage
employees stop work for a short period of time, e.g. a one hour protest by gardaí or nurses
55
Official Strike
a complete withdrawal of labour, organsied by unions in compliance with the law
56
Workplace Relations Act 2015
merged the exiting five employment bodies into two, the Workplace Relations Commission (WRC) and the Labour Court
57
Workplace Relations Commission (WRC)
deals with all workplace disputes, complaints and employment issues
58
Labour Court
investigates industrial disputes and acts as a court pf appeal for the WRC
59
Functions of WRC
1. promote good industrial relations 2. provide information and advice on employment rights and obligations 3. encourage compliance with employment law and deal with complaints about breaches 4. helps solve industrial disputes
60
Services of WRC
1. advisory 2. conciliation 3. mediation 4. adjudication 5. compliance/inspection
61
Reasons for fair dismissal
1. misconduct 2. incompentence 3. qualifications 4. contravening the law 5. redundancy
62
Procedure for dismissal
1. counselling 2. verbal warning 3. first written warning 4. disciplinary action 5. written copyof dismissal
63
Functions of CCPC
1. informs consumers of their rights 2. personal finance information and education 3. enforces consumer and competition protection laws 4. refers to the Director of Public Prosecutions (DPP) 5. advises the government 6. enforces product safety regulations 7. assesses mergers

Business (5 decks)

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