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Law - Case Study Example

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It is imperative to begin by explaining the meaning of a contract in order to get a clear understanding of the circumstances surrounding Jill Johansen’s case. Basically, a contract can be loosely defined as an agreement between parties which is enforceable by law…
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Damages as well as remedies that can be awarded will also be explored. In this particular case, Jill has to prove the kind as well as the authenticity of the employment law. She has to prove that the contract itself is somehow suppressive as it strips her off her rights. She is hired as an independent contractor but the terms of the contract reflect otherwise. The contract does not want to take full responsibility of her welfare. It seems that right from the beginning, she has no rights and is supposed to abide by the rules and regulations of the contractors. Under normal circumstances, the employment laws in the federal states forbid this practice as it seeks to subdue the employees’ rights as they would not have any power to stand up for their rights. The elements of proof she must prove is the “arbitration, mediations” clause which requires her to complete this process if there is a contract dispute, and the results will be binding legally and she will waive her future rights in federal and state court to contest any employment violations. In other words, this clause implies that she has no right to contest an employment dispute. Her rights can be violated but she is not given the opportunity to take legal recourse. Indeed, the court is the highest arbiter of disputes among contracting parties but in this case, above mentioned clause prohibits the other party from seeking legal action against the employer. ... Read More
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