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Contract Law Terms: Definitions & Contract Types - …
Here, it is like, the common question will be made, “Who shall be judge, whether the prince or legislative act contrary to their trust?” This, perhaps, ill-affected and factious men may spread amongst the people, when the prince only makes use of his due prerogative. To this I reply, “The people shall be judge;” for who shall be judge whether his trustee or deputy acts well, and according to the trust reposed in him, but he who deputes him, and must by having deputed him, have still a power to discard him, when he fails in his trust? If this be reasonable in particular cases of private men, why should it be otherwise in that of the greatest moment, where the welfare of millions is concerned, and also where the evil, if not prevented, is greater, and the redress very difficult, dear, and dangerous?
A man may owe honour and respect to an ancient, or wise man; defence to his child or friend; relief and support to the distressed; and gratitude to a benefactor, to such a degree, that all he has, all he can do, cannot sufficiently pay it: but all these give no authority, no right to any one, of making laws over him from whom they are owing. And it is plain, all this is due not only to the bare title of father; not only because, as has been said, it is owing to the mother too, but because these obligations to parents, and the degrees of what is required of children, may be varied by the different care and kindness, trouble and expense, which are often employed upon one child more than another.
Contract | Definition of Contract by Merriam-Webster
In the aftermath of the summer of violence in 1877, a few railroad corporations began to consider the use of employee benefits, such as accident insurance and old-age pensions, to mollify workers. Generally speaking, though, very little changed in terms of employer/employee relations. Instead, corporate leaders put their efforts into creating stronger military forces to control workers when necessary, starting with reorganized militias and fortified local armories. In addition, militia units were often directly funded and supplied by corporate leaders: Cyrus McCormick, Sr., the founder of International Harvester (now called Navistar), equipped an Illinois National Guard regiment, and a group of Chicago businessmen funded five cavalry companies (Smith 2003). The regular army also developed close ties to the industrial companies in urban areas. Three business leaders in Chicago, for example, provided the money for a military base just twenty miles north of their city (Archer 2007, pp. 121-122; Cooper 1980, pp. 85-86). The use of private security forces in labor disputes also grew. Business leaders paid for and directed the activities of deputy sheriffs and deputy marshals, regularly employed Pinkerton Detective Agency strikebreakers (the company had 30,000 regular and reserve agents in 1890), and attempted to establish and control their own police forces (Norwood 2002; Smith 2003).
On the other side the matter will not be much mended, if we understand by God’s appointment the law of nature (though it be a pretty harsh expression for it in this place), and by monarch of the world, sovereign ruler of mankind: for then the sentence under consideration must run thus: “By the law of nature, as soon as Adam was created he was governor of mankind, for by right of nature it was due to Adam to be governor of his posterity;” which amounts to this, he was governor by right of nature, because he was governor by right of nature. But supposing we should grant, that a man is by nature governor of his children, Adam could not hereby be monarch as soon as created: for this right of nature being founded in his being their father, how Adam could have a natural right to be governor, before he was a father, when by being a father only he had that right, is, methinks, hard to conceive, unless he would have him to be a father before he was a father, and have a title before he had it.
Social Contract Theory | Internet Encyclopedia of Philosophy
The major question that must be answered by any theory attempting to understand the American power structure is how a law so vehemently opposed by organized business groups could pass so easily despite their very large lobbying effort. For historical institutionalists, the passage of the Wagner Act shows that corporate leaders had lost whatever power they once had in Washington (e.g., Finegold and Skocpol 1995; Hacker and Pierson 2010). For many Marxists, the increased unity and militancy of the working class forced a worried corporate community and a timid New Deal to accede to labor demands (e.g., Goldfield 1989). For other Marxists, it was a clever cooptation move made by corporate moderates and AFL "labor bosses" to limit the rise of Communist leadership in the labor movement (Aronowitz 1973; Aronowitz 2003; Davis 1986).
An emphasis on a general loss of power by the corporate community is contradicted by the way in which the same Senate and House that passed the National Labor Relations Act treated other liberal legislation, namely, public utility regulation and changes in the Federal Reserve System. First, business was successful in removing the most stringent forms of utilities regulation (e.g., Parrish 1970). One historian concludes that the House was rebuking Roosevelt in this vote because a majority of its members were "annoyed at what they considered Roosevelt's undue hostility to free enterprise" (Patterson 1967, p. 56). Second, the proposed reforms in the Federal Reserve Act were changed so that New York bankers retained some of their traditional power through the Open Market Committee and the act ended up acceptable to the American Banking Association (Schlesinger 1960, pp. 300-301). It therefore seems that the National Labor Relations Act was a unique piece of legislation even for a liberal Congress, which means it is not possible to explain its passage with generalities such as "loss of business power."
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Doctrine of Consideration Essay Examples - New York essay
Despite the greater power of employers, sometimes workers are able to form unions and win contracts for two reasons. First, protests and strikes by workers in some occupations succeed because the "replacement costs" for bringing in strikebreakers and replacement workers are very high (Kimeldorf 1999; 2013). Sometimes replacement costs are high due to skill barriers, as in the case of printers in decades gone by or professional sports players today (who have some of the strongest unions in the country, which is why they make big money, not just because they are sterling athletes). Replacement costs also can be high for companies that have fast turn-around times, such as shipping and railroads in the past, or UPS today, which is why UPS drivers have been able to maintain a strong union and keep their wages high. And in the past it was often impossible to recruit strikebreakers and replacement workers due to the geographic isolation of the workplace (e.g., mining, logging, and other extractive industries). For example, you could get killed by strikers for being a replacement worker in a coal mine in unfamiliar hill country far from your urban upbringing.
Page 2 Doctrine of Consideration Essay
If workers do succeed in unionizing, as a little over one-third of wage and salary workers did between 1935 and 1945, then there's one kind of contract that corporations really came to despise in the 1960s and 1970s. It's one that runs for several years and has an annual cost-of-living-adjustment ("COLA") built into it. Employers dislike COLA's because they create inflationary spirals if some separate factor, such as increased demand for products, or unexpected increases in the cost of raw materials, triggers inflation. When there's no COLA, inflation is partly tamed by holding wages steady, or even cutting them, but employers can't do that when there are COLA's.
Considerations for Contract Law Essay - 1880 Words | …
TIP - if you are asked to advise a named person in a problem question then try to imagine that that person is sitting in front of you and is paying you for your time and advice. This should help you to focus on what it is that that person actually wants to know and then only explain, apply and assess the law which is relevant to answering this question.
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