Business Commons^™

Dentistry And The Law: Taking Records When Leaving A Practice, Dan Schulte Jd

The Journal of the Michigan Dental Association

MDA Legal Counsel Dan Schulte advises on departing partner issues: without contracts, disputes arise regarding records, patient ownership, and practice buyout. Employment and shareholder agreements ensure orderly transitions and protect practice interests. Patient records legally belong to the practice, and transferring them without consent violates laws. Patients can request records, but fees apply. Schulte stresses the importance of agreements to avoid costly disputes and ensure continuity of care.

Misreading Menetti: The Case Does Not Help You Avoid Liability For Your Own Fraud, Val D. Ricks

St. Mary's Law Journal

Several decades ago, an incorrect legal idea surfaced in Texas jurisprudence: that business entity actors are immune from liability for fraud that they themselves commit, as if the entity is solely responsible. Though the Supreme Court of Texas has rejected that result several times, it keeps coming back. The most recent manifestation is as a construction of Texas’s unique veil-piercing statute. Many lawyers have suggested that this view of the veil-piercing statute originated in Menetti v. Chavers, a San Antonio Court of Appeals case decided in 1998. Menetti has in fact played a prominent role in the movement to …

Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity, Jared Arcari

Fordham Journal of Corporate & Financial Law

Blockchain technology is increasingly permeating the everyday lives of countless people. Applications of the cutting-edge technology range from secured banking to tracking mortgage titles. A particular blockchain technology, dubbed “smart contracts,” has the potential to revolutionize how individuals and companies securely contract with each other. Smart contracts, however, are not widely employed, mainly because potential users are uncertain of their enforceability as contracts under existing state contract laws. Similar skepticism slowed the acceptance of electronic signatures in the late 1990s, but was resolved ultimately through a model uniform act recognizing electronic signatures’ effectiveness across interstate borders. This Note proposes a …

Análisis, Costo Beneficio De La Implementación De La Agricultura Por Contrato Como Solución A La Productividad De Los Cultivos De Papa En El Municipio De Soracá–Boyacá, Edwin Guillermo Pinilla Bejarano, Nathalie Stressy Peña Gómez, Jhon Alexander Vélez Ruíz

Economía

En Colombia la agricultura por contrato no es considerada como un mecanismo importante para el desarrollo del sector agrícola, para esta investigación se aborda la problemática que tienen los agricultores de la actividad papera del municipio de Soracá-Boyacá asociados a la Cooperativa Integral de Colombia – Cooimpacol, quienes no contaban con contratos establecidos con la industria que garantizaran la venta fija de la cosecha de papa, lo que les generaba pérdidas con altos costos de producción donde se beneficiaban los intermediarios, para ello se busca ¿determinar si la agricultura por contrato mejora la producción de la actividad papera en el …

Competitive Strategies Of Minority-Owned Small Businesses.Pdf, Peter Smith

Peter Smith

Amending Corporate Charters And Bylaws, Albert H. Choi, Geeyoung Min

All Faculty Scholarship

Recently, courts have embraced the contractarian theory that corporate charters and bylaws constitute a “contract” between the shareholders and the corporation and have been more willing to uphold bylaws unilaterally adopted by the directors. This paper examines the contractarian theory by drawing a parallel between amending charters and bylaws, on the one hand, and amending contracts, on the other. In particular, the paper compares the right to unilaterally amend corporate bylaws with the right to unilaterally modify contract terms, and highlights how contract law imposes various limitations on the modifying party’s discretion. More generally, when the relationship of contracting parties …

Does The Public Works Contract For Building Works Designed By The Employer Achieve Value For Money?, Tony Cunningham

Other Resources

Securing value for money is a key objective of public sector clients undertaking construction projects and has underpinned recent initiatives to improve performance within the sector. The Capital Works Management Framework launched by Department of Finance aims to establish an ‘integrated methodology and a consistent approach to the planning, management and delivery of public capital works projects with the objectives of greater cost certainty, better value for money and more efficient project delivery.’ (National Public Procurement Policy Unit, 2007) This study focuses on value for money and appraises the effectiveness of the Public Works Contract for Building Works …

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …

The "Nexus Of Contracts" Corporation: A Critical Appraisal, William W. Bratton

All Faculty Scholarship

No abstract provided.

"Articles Of Agreement Of Partnership," A Contract That Forms A Business Partnership Between Jonathan Dayton, Francis Childs, And Jonathan Hampton Lawrence. Elizabeth Town, New Jersey, 1796. No Signatures, Possibly A Draft., Jonathan Dayton, Francis Childs, Jonathan Hampton Lawrence

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

A form containing tenets of an agreement to form a business partnership, in mercantile transactions, between Jonathan Dayton, Francis Childs, and Jonathan Hampton Lawrence in Elizabeth Town (now Elizabeth), New Jersey. 1796.