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Term | Definition |
---|---|
Offer | This means that one party makes an offer to another party.It may be oral.Written,Oral or visual |
Negotiation | this is a non legislative method of resolving conflict between stakeholders.A third party(AnotherPerson) is invited to investigte the dispute and hear both sides of disagrement.The concilator does not decide on a solution but helps both partiesEg-employer |
Arbitration | This takes place when 2 disputing parties agree to call a third party whom they both trust.Befire the arbitration both parties must agree to accept the decisiom of the arbitration E.g-labour court |
Contract | A legally binding agreement between 2 or more parties.It can be oral(spoken) ,witten or by conduct(Supermarket) it has have 7 elements to be a valid contract.Some contracts must be written E.g Insurance policy,contact of employment |
Invitation to treat | An invitation to treat is an invitation by the shop for the consumer to make an offer it is not an offer E.g Dress on mclenneys window |
Concideration | Each party to the contract must give something of value.Eg Customer gives real agreement to the contract pressure cannot be put on a person to enter a contract |
Capicity to contract | Person under age of 18, persons insane or drunk cannot enter into a contract.A company cannot enter into a contract either if it has in its memorandum of association them manufacture shoes and then decide to start manufacturing furniture |
Service | Something that is done for you by a person/machine |
Merchantable quality | Goods should be of merchantable quality concidering whats said about them,paid price and how long it should last |
Fit for purpose | A washing machine must be capable of washing clothes |
Consumer | A consumer is a person who buys goods or services for personal use or their own consumption |
Acceptance | The other side must accept the offer as it stands,whi |
Frustration | Way of ending a contract.This is where an unforeseen event occures and makes the contract impossible to be carried out> E.g death,bankruptcy |
Agreement | This is a way of terminating a contract.E.g couple cancels the cake they ordered for the wedding |
Breach | Is a way of ending a contract.One party breaks a condition in the contract.This is the same as ending the contract.E.g A wedding cake whch was delivered the day after the wedding does not have to be paid for |
Warranty | A warranty is a less important clause in the contact.Breaking the warranty does not end the contract E.g Wedding band arrives an hour late |
Conciliation | This is where a third party assist the employer and employee in resolving their difficulties through |
unfair grounds of dismissal | Pregnancy,race,membership of the travelling community,age,sexual orientation,religious beliefs |
Fair grounds for dissmissal | Worker misconduct,worker incapable of doing the job or not suitably qualified.Necessary redundancy |
Constructive dismissal | Refers to a situtation where an employer makes it so difficult for an employee in the workplace that they are forced to stay out or work or leave |
Functions of the equality Authority | Eliminate discrimination in the employment,promote equality of opportunity for all and assist people in bringing complaints under the act |
Discrimination | Is defined as treating one person less favourably than another |