Res Judicata


The old Latin legal phrase, res judicata, means a thing already decided and settled. Res judicata is a legal principle quite consistently followed by almost all courts. It is the rule that a final judgment or decree on the merits of a matter by a court of competent jurisdiction will be final and conclusive as to any later lawsuit on all points or matters determined in the former suit. This means that between the parties themselves the dispute is closed at the conclusion of trial. However, this does not prevent a lower court decision from being appealed to a higher court.

This principle of res judicata prevents  an unsuccessful litigant from taking an unfavorable decision to another trial court for a second lawsuit on the same complaint or same set of facts. Res judicata applies between the parties in a civil lawsuit, affecting those parties and no others.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Public Policy and Courts


Public policy is a broad concept that is impossible to define precisely. Perhaps the only realistic way to define it is to say that a court’s view of public policy is determined by what the court feels is in the best interests of society. Public policy may change with the times; changing social and economic conditions may make behavior that was acceptable in an earlier time unacceptable today, or vice versa.

There is therefore no simple rule for determining when a particular bargain is contrary to public policy and illegal. Public policy includes immoral and unethical agreements, even though they may not call for the performance of an illegal act. The courts have broad discretion in ruling on questions of public policy, and the discretion can provide the legal system with a degree of healthy flexibility. However, the courts may differ in their views of what constitutes desirable public policy—a difference that can make  a contract legal in one state/province and illegal in other.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Contracts between Employers and Employees


If an employee has contract to be employed for a certain firm for a specified period of time, and the employer breaches the contract by dismissing the employee, damages recoverable would generally be the unpaid salary at the time of dismissal. Some courts allow the employee to collect wages up to the period of time at which a new job is found, as long as the employee “mitigates damages” by actively seeking employment. On the other hand, if the employee walks out without cause, then the employer may recover the cost of replacing the employee. This would include any additional salary that must be paid to the new employee which is greater than the previous employee’s salary.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Mistake


The term mistake is used in contract law to describe the situation in which one or both of the parties to an agreement acted under an untrue belief about the existence or nonexistence of a material fact. In mistake cases, unlike fraud and misrepresentation cases where the victim is also acting under a mistaken belief about the facts, the mistaken belief about the facts is not the product of a misstatement by the other party. Mistaken in this sense does not include errors of judgment, ignorance, or a party’s mistaken belief that he or she will be able to fulfill certain obligations under a contract. The things that were said about materiality and fact in the law misrepresentation hold true in mistake cases.

In deciding mistake cases, courts often seem to be trying more obviously to do justice than in other kinds of cases. This is why decisions in mistake cases sometimes seem to depart from the announced rules of law dealing with mistake.

Mistake cases are classified as mutual or unilateral, depending on whether both or only one of the parties was acting under a mistaken belief about a material fact. Mutual mistake is always a basis for granting rescission of the contract at the request of either party. Clearly, no meeting of the minds took place and therefore no true contract was ever formed.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

The Importance of HRM


This is important because some of the personnel mistakes you don’t want to make while managing. They include:

  • Hire the wrong person for the job;
  • Experience high turnover;
  • Find your people not doing their best;
  • Waste time with useless interviews;
  • Have your company taken to court because of discriminatory actions;
  • Have your company cited under occupational safety laws for unsafe practices;
  • Have some employees think their salaries are unfair and inequitable relative to others in the organization;
  • Allow a lack of training to undermine your department’s effectiveness;
  • Commit any unfair labor practices.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.


This is important because some of the personnel mistakes you don’t want to make while managing. They include:

  • Hire the wrong person for the job;
  • Experience high turnover;
  • Find your people not doing their best;
  • Waste time with useless interviews;
  • Have your company taken to court because of discriminatory actions;
  • Have your company cited under occupational safety laws for unsafe practices;
  • Have some employees think their salaries are unfair and inequitable relative to others in the organization;
  • Allow a lack of training to undermine your department’s effectiveness;
  • Commit any unfair labor practices.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Judges as Social Engineers


Our courts still follow the idea of stare decisis. This adherence to precedent furnishes a system whereby a businessman or businesswoman may act in a certain way, confident that this action will have a known legal effect. At times, however, some modern judges feel that it is their duty to engage in the practice that lawyers term social engineering—shaping the law to the judge’s own individual social and economic beliefs.

When a judge tailors a decision to personal ideas about how society should operate, the holding of the court may be directly opposite to what the legislature intended by the passage of the law. Many legal observers feel that this social engineering by judges is an outright usurpation of the privileges and responsibilities of the legislature. Many critics feel that the laws should be made by the legislative branch of government, not by the holding of a court. Business and trade interests usually favor the idea of permitting the legislature to enact the laws.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Ego Meetings


What about the manager who purports to believe the only way to get information from subordinates is by meeting? This manager may be seeking ego satisfaction.  Meetings are not for holding court. It may be a pleasant way to get reports, but it is far from efficient. Any career-minded individual caught in such a situation needs to seriously consider his or her position and prospects.

Evaluate your meeting schedule. If a memo will serve, write a memo. If an informal conversation will work, converse. If a meeting is the only, or best, solution, hold a meeting, but make sure it is a good one.

Avoid being caught in the meeting  cycle. Help stamp out meeting mania. Don’t be part of the problem.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Copyright: Determining “Fair Use”


Courts consider four factors in disputes over fair use:

  • The purpose and character of the use, especially whether the use for profit.
  • The nature and purpose of the copyright work.
  • The amount and substantiality of the portion of the work used.
  • The effect of the use on the potential market for the copyrighted work.

Fair use does not apply to graphics: you must obtain written permission to use any graphics.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Termination of Agency Agreement


  1. Termination by expiration of the specified period in which the agent has to act. The courts say that the agency was for a “reasonable” time if no specific duration was stated in the agency agreement. The meaning of “reasonable time” is construed by the courts on a case-by-case basis, depending on the nature of the agency, the difficulty of accomplishment, and other controlling factors.
  2. Termination by specific agreement to do so between the principal and the agent.
  3. Termination by death or legal incapacity (insanity and so on) of either the principal or the agent. Most courts also hold that bankruptcy of either the principal or the agent terminates the relationship. However, the agent may still dispose of the principal’s property that is being held at the time of the bankruptcy.
  4. Termination through revocation by the principal. The agency contract is one that the principal is allowed to end at any time without giving any reason.
  5. Termination by withdrawal of the agent. This may be done at any time in an agency at will. If the agent is operating under a contract for a specified time of service or until a certain event is accomplished, the agent will be liable of damages to a principal who was not at fault in bringing about the termination.
  6. Termination by loss or destruction of the subject matter or by change of circumstances. The agent’s authority is lost if the subject matter is seriously disabled, lost, or destroyed.
  7. Termination by rescission. The general rules of law concerning rescission apply to agency contract.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

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