Essay Question
Invariably, most franchise agreements award extensive powers to the franchisor to terminate the agreement once a cause to do so has been established. The franchisor in most cases is the one with express rights to call off a franchise agreement. The role of a franchisee is merely that of an image mirror. In the case of Doc's Sports Club and Elite Fitness Centers, the latter has more express rights. In that case, the fact that Doc fails to meet Elite's "Friends and Family" membership sales quota cannot warrant termination. In such a situation, the franchisor is the one sabotaging the agreement, and not the franchisee’s failure. In any case, the situation that has played out can be remedied (Barkoff & Selden, 2008).
Essay Question
The claim filed by Chad should be granted. Chad is an employee of Borealis Power Company, and the firm has compensation insurance for workers. Chad was injured while the two were on duty at a distant site (Sherill, 2011). Although it is not mentioned, there is likelihood that the injury was job related, although it was entirely Dex's fault. It occurred in the course of duty and as such, the claim should be honored. Borealis Power Company best defense would be to argue that, Dex failed to respond to duty of care, thus causing the injury. So any claims should be paid by him. Borealis Power Company can also argue that the injury on Chad was caused by a third party and as such, he should seek a lawsuit against Dex for personal injury.
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Essay Question 3
Under the contract, Commodities is liable to E-Products owing to the written authority. Although Dennis called Brenda to inform her to buy only fifty notebook computers and nothing else, it was over the phone. He did not use material evidence such as another written authority to cancel the first order (Klass, 2010). Brenda is not liable because she was acting on written authority from Dennis, a corporate officer of Commodities. She used the written authority to enter into contract with E-Products to deliver goods. Dennis has the authority to order purchases and they remain binding to the company. The contract rights of E-Products are not denied by the call Dennis made to Benda. In her context, Brenda exceeded her authority, and as such, she is liable to Commodities.
Part two:
Interviews require one to prepare thoroughly in order to succeed. In that sense, a good strategy is paramount (Kramer, 2011). One should build rapport, use proper body language, make eye contact, being oneself and demonstrate skills using concrete examples. Significantly, one should start early preparations, practice and make a call ahead. Such a strategy will guarantee one a successful interview.
While preparing for an interview, some of the challenges evident include inadequate details regarding the interview such as the actual time when the interview will be conducted (Kramer, 2011). General inconsistency is equally a challenge, such as scheduling the interview at odd time, and changing the venue without communicating.
To overcome inconsistency, the best way is to call a day before the actual date set for the interview, and find out whether time and venue have been changed. Inadequate details can be overcome by gathering a lot of information regarding the interview prior to the d-day (Kramer, 2011).
The specific question during the interview that made me nervous was on the salary I was expecting to be paid. I felt awkward and uncomfortable and I ended up being left out.
The question was difficult because I might end up mentioning a very high figure and disappoint would be employer. In future, I will find out in advance on the appropriate figure that suits that question (Kramer, 2011).
References
Barkoff, R. M. & Selden, A. C. (2008). Fundamentals of Franchising. New York, NY: American Bar Association
Klass, G. (2010). Contract Law in the USA. New York, NY: Kluwer Law International
Kramer, E. P. (2011). 101 Successful Interviewing Strategies. New Jersey, NJ: Cengage Learning, 2011
Sherill, A. (2011). Energy Employees Compensation: Additional Independent Oversight and Transparency Would Improve Program's Credibility. New York, NY: DIANE Publishing
