Answer
The answer and procedures of the exercise are attached in the following archives.
Explanation
You will find the procedures, formulas or necessary explanations in the archive attached below. If you have any question ask and I will aclare your doubts kindly.
Answer:
c. liable on the ground that Mesa is an intended third-party beneficiary
Explanation:
In a contract, the third-party beneficiary is a business or a person that benefits from the agreement and the terms of the contract that is made between the two other parties. According to law, third-party beneficiary have certain rights which they can enforced if the contract is not fulfilled.
In the context, Mesa is a third party beneficiary. The Mesa County enters into a contract with New Construct Inc. to construct a court house. Now New Construct Inc. again hires the firm Odell to excavate the land site.
While excavating Odell damages few nearby properties, so Mesa County files a law suit against Odell. But Odell argues that Odell is not in agreement with Mesa County or have not entered into with any contract with the County, so Mesa cannot sue the excavator.
But the court hold that as Mesa County is the third party beneficiary of the contract and have certain rights, Odell is held liable for the loss and should compensate for the loss to the County.
Answer:
Who is the franchisor? McDonald's
Who is the franchisee? C.B. Management Inc.
In a franchise relationship, the <u>franchisee</u> is economically dependent on the <u>franchisor's</u> business system.
The franchise relationship is defined by the <u>contract</u>.
Did C.B. Management, Inc.’s failure to make a payment due more than thirty days earlier constitute a breach of the franchise contract? YES
Why? A) the contract provided McDonald's could terminate the contract when a payment was more than 30 days late.
Did the contract provide that the acceptance of a late payment waived McDonald's right to terminate for late payments? NO
What does an implied covenant of good faith and fair dealing require? That the parties act <u>reasonably</u>.
Did McDonald's act of accepting late payments in the past transform McDonald's right to terminate into a discretionary decision governed by the standard of good faith and fair dealing in the future? NO
Why? Which one of these reasons is not correct? B) the actions of the parties control this issue.
A court would likely find for <u>McDonald’s</u>
Answer: (D) Clan culture
Explanation:
The clan culture is one of the type of friendly type corporate environment in an organization and it is also known as collaborative culture. Clan culture is one of the element of corporate clan culture model.
There are many types of advantage of clan culture in an organization are as follows:
- Clear communication
- Increase in company productivity
- Increase in organization growth
According to the question, Jason and the Jill are the owner of the company an they always encourage and also motivate their employees. They also try to increase the job satisfaction among the employees and they try to built the clan culture in the company.
Therefore, Option (D) is correct.
