Legal Research Assignment
My legal research paper is on the concept of Cardinal change. Cardinal change is one of three legal classifications of change. A change is define as followed; “Any alteration to a contract permitted by the Changes clause of a contract.” (Nash, Scooner, & O 'Brien, 2007). “Most construction contracts contain a clause governing changes that allows the owner to change or modify the work required under the contract documents.” (Loulakis & Santiago, 2001). When clause mentioned above is included in the contractor it means the contractor is typically required to perform the change. Now a cardinal change is considered a major change to the contract. A Cardinal change is define as followed; “A change that is beyond the
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Air-a-plane Corporation v. the United States, 408 F.2d 1030 (Ct. Cl. 1969), is the first case I’m going discuss in which cardinal change was used for the basis of a law suit. Air-A-Plane Corporation sign a contract with the Army Chemical Corps to make over 1100 smoke generators which were designated to be M3A1. The total fixed-price contract price was $607,101.04. The major issue that occur with the agreement was the large number of changes made by the Government after the contract was awarded. Yes, the contain the clause governing changes that allowed Army Chemical Corps to change or modify the work required but Air-A-Plane Corporation did not expect such a large number of changes. “This belief was based principally on the fact that the contract, by way of detailed and comprehensive specifications and drawings, described the contract items minutely. This belief was apparently also based in part upon the fact that the contract was a fixed price contract." (Justia, 1969). For the first issue the board found that a large number of changes were made after the contract was awarded. Whether they look at the number Air-A-Plane Corporation submitted or the one Army Chemical Corps submitted, the number was still large. “The first change
For example as internal reasons for change would be the launch of a new product or service that a company is working on .
Such a shift would change the eventual outcome of the hearing. Therefore, the appellate court determined that the law of state should be applied in this case as opposed to the federal rules of procedure. The appellate court further reviewed the statute to be applied and established that the Massachusetts legal view be applied. As such, the appellate court reversed the initial ruling by the district
This new outlook will also alter your views on the nature of change. I wrote earlier that your current view of change is that an expert facilitates the change in client functioning. What you will come to realize is that the client himself or herself is the expert. The client knows himself or herself the best and it’s that person’s perception of reality that holds truth for that person. I realize this is a radical shift from your current perspective. Do not fear, your new understanding will develop as you move through the course modules.
Whether the circuit court erred in considering parol evidence to determine whether the B108 document was a contract.
Rule: In this case, the rule of law that was used to make the decision was rules surrounding contractual provisions, “even when the trial judge adopts proposed findings verbatim, the findings are those of the court and may be reversed only if clearly erroneous” and also the conflict of law principles of
Baugh, the higher courts decided not to accept the common law verdict and to actually overturn its ruling, replacing it with a new and updated holding. The key reasons for that decision were that this particular doctrine had not been reviewed in that court in over 40 years, making the information very outdated in the modern times. This was especially important because the assumptions included in this ruling were about building practices no longer applicable in modern construction. One point made was that modern contractors place most of their work out of sight where it cannot be examined by land owners. In addition to that, majority of today’s landowners do not have the knowledge to inspect work and note mediocre results. The changes to the Doctrine of Completion and Acceptance will affect liability by now placing an increased responsibility on the contractor for safe and complete work. Now, moving forward, the contractor is liable for any injury resulting from defective work (Meiners, 2012, pp.
Jick, T. D. , & Peiperl, M.A. (2011). Managing Change Cases and Concepts. (3rd Edition). New York, NY: McGraw- Hill.
An example would be that an art dealer and an art collector enter a contract, agreeing that the art collector will buy from the art dealer a rare painting by Van Gogh. The collector sends a check to the art dealer, but never receives the painting. In this case, the court may order specific performance by the art dealer, requiring her to turn over the Van Gogh painting to the art collector because the painting is one of a kind. Replacing it with another painting, even another Van Gogh painting, or replacing the art collector’s money will not be enough to compensate the art collector for the deal he thought he made.
The symbol is fire. The fire used by Wiesel represents death and one's dream and represents the evil of the Germans. Wiesel wanted to tell the readers why he wrote the title of the novel in the night. Wiesel said the evening experience "made my life become a long night and was sealed for the seven-time". The author here expressed the cruelty of the Germans.
The Liebeck vs. McDonald’s Restaurants case was one of the biggest tort reform cases. A tort is a term used for a personal injury, which allows the injured party to receive compensation for injuries and damages. The American legal system allows anyone in accordance to the law taking the proper steps to sue a person or corporation that may be responsible for his or her injuries. This case is still one that people argue today about whether this was negligence on behalf of the plaintiff, while some argue this was a product liability case. After this famous case was over and utilizing comparative negligence principles, state bills were created that limited the monetary amount that could be sought in corporate lawsuits.
This new requirement is the change most likely to have the biggest impact on how class actions proceed, mainly because its language is vague and susceptible to differing interpretations. So, while on the one hand, the addition of a new requirement may decrease the number of cases that are allowed to proceed as class actions, on the other hand, there will likely be an increase in litigation dealing with how “type and scope” should be interpreted.
My initial purpose for attending Georgia State University was to apply for the Nursing program and become a nurse for cancer children. My heart was set on being a positive, uplifting role in these children life. Early last year, I attended an information session for the Nursing Program. I was so anxious to learn about the program but soon found myself overwhelmed and drifting into a mindset of defeat. I began to question how I could academically compete with other students applying for the program.
Obesity: one of the nation’s most critical health problems. “Overweight is defined as having excess body weight for a particular height from fat, muscle, bone, water, or a combination of these factors. Obesity is defined as having excess body fat” (“Centers for Disease Control and Prevention”). When energy input and output get out of balance, obesity arises. Many factors can cause someone to become obese such as genetics, metabolism, level of physical activity, and more. “Overweight and obesity are the result of “caloric imbalance”—too few calories expended for the amount of calories consumed—and are affected by various genetic, behavioral, and environmental factors” (“CDC Features - Obesity & Genetics”). “When a person eats and drinks more calories than he or she burns, the energy balance tips toward weight gain, overweight, and obesity” (“Understanding Adult Overweight and Obesity”). Obesity is increasing throughout the United States due to lack of healthy behaviors, big health risk, genetics and increasing in children and adults.
Change can often be viewed as positive, as the case in a successful completion of a life cycle project. The project life cycle is finite and inevitable; there is excitement surrounding potential for new project opportunities. Also technology and business process improvement can be embraced as the new generation becomes more accepting and involved in technological advances. Alternatively, negative sentiment can occur in the case of an unexpected and unplanned scenario such as acquisition or contract non-renewal. Forced change can be extremely difficult, particularly when the changes are unexpected and devoid of a provisional contingency plan.
Burke (2014) stated that organizations change from day to day. The changes that take place in organizations can be intentional or unintentional. Generally, the changes that occur is accidental. It is important to have a broader and deeper knowledge of understanding organization change. Understanding what is currently happening as well as trends in which the organization is functioning can provide such awareness.