MGMT 520 You Decide: Contract Dispute Group Discussion Week 4 - 11 Pages
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You Decide: Contract Dispute Group Discussion
Make sure you have a "group" topic showing this week. If not, e-mail your instructor ASAP. Review the You Decide Scenario. • Enter the group topic by no later than Wednesday to discuss the aspects of the scenario with your group. Your grade will be based on making at least six good, highquality posts over at least three days to the topic and that reflects on the You Decide contract issues and that answers the questions posed at the beginning of the thread. Your instructor will NOT lead this thread—it will be up to the groups to run the thread. (Take this opportunity to get to know your classmates in your group!) You earn 75 points in this project, set up as follows: • (60 possible) Quality/quantity post points. You can earn up to 10 points for each high-quality post to the thread. A high-quality post will reflect on a learning tip from the You Decide project, provide significant factual background from the project that helps explain a learning point being made in the threads, pose an exceptional question that moves the group thread forward in a manner that creates more learning (while responding to another student's question or thought), or will •
provide a definitive and analytical answer to one of the main questions in the thread. Faculty may deduct points for less-than-high-quality posts (however, making more than six posts will help "ensure" that you will achieve the full complement of points as you will get credit for each post you make, up to the top amount of 60 for this piece of the project). • (10 possible) Days posted. You must post on at least 3 days. You will get 3 points credit for each day you post. ("I agree"- or "Yeah, great post!"-style posts will not count for a "day posted." The post must have some quality to count on the day). One point will be given to each student who posts his or her first post to the Group Project thread by no later than Wednesday. • (5 possible) Group points. How well your group works together will give you 5 possible points. Ways to get points: build on each other's posts (i.e., read group members' posts and respond), ensure all questions in the You Decide project topic beginning are covered (in other words, don't duplicate group members' work—build on their answers or answer another question). Ways to lose points: requiring instructor intervention in the group process, failing to work together, or ignoring each other's posts. (This group grade will be the same for each student in the group who posts value-added posts on at least three days in the thread. If a student posts less than three days, his or her group grade may be lower than the other group members' grades due to not helping the group with facilitation of the thread. Harassment or lack of netiquette in a thread may also be a reason for an instructor to deduct one group member's grade over others).
Big Bank cannot simply make an unwarranted decision like this based off of what their expectations of performance was or a minor disagreement. This could cause a breach of contract. However, to be labeled as a breach of contract it has to be so substantial that it makes the objective of the contract unreachable. Big Bank could attempt to terminate the contract under a breach according to performance but they would fail. Specifically spelled out within the contract: “Big Bank agrees to cooperate with Systems Inc. in this endeavor and to provide all information and assistance required for Systems Inc. to successfully convert Big Bank's information files to a form compatible with Systems Inc.'s systems and equipment so that Systems Inc. can provide the Services.” Later in the document, the.... The two most important things I have learned from this case. First and for most are contract performance types. There are aspects of the law that are not clear cut. An example is substantial performance. This protects builders and contractors for when they complete a task and it might not be 100% correct towards the buyers expectations, or what they agreed to. This prevents the buyer from seeking damages for minor discrepancies in the work such maybe a nail was 3/8" instead of a 1/2" but it would still work just as well.
The second aspect I learned. A contract needs to be well crafted and try to anticipate all issues that could arise. Microsoft is an example that comes to mind. The contracts...