BUSINESS LAW Case Study Example | Topics and Well Written Essays - 2000 words

BUSINESS LAW - Case Study Example Estoppel becomes applicable, only if the representation relied upon by the person claiming the benefit is unambiguous. In addition, the person claiming estoppel should undergo a detriment if there is a departure from the terms of the promise. As opined in Legione v Hateley, the party claiming estoppel should be placed in a situation wherein there would be a detriment to it, if the promise was to be broken (Gillies, 2004, p. 178). In order to deem the promise of the promisor to be consideration, it has to be proved that the promise was given or the act performed on the basis of the promisor’s request. Moreover, there should have been reliance upon the promise made by the promisor. The doctrine of promissory estoppel emerged with the decision in Central London Property Trust Ltd v High Trees House Ltd. Such existence has been subsequently confirmed in rulings made in England and Australia. This all important principle was defined in the following manner, during the ruling in Combe v Combe. Whenever, one of the parties makes to the other party a promise that has the intention of influencing the legal relations between them, and if the other party relies on this promise and acts on it, then the first party cannot revert to the prior legal relationship between them (Gillies, 2004, p. 178). Thus, promissory estoppel has an effect that is similar to a breach of promise. In instances, wherein a party convinces another party that a contract would emerge from their negotiations and subsequently fails to keep its word, the court can prevent such a party from resorting to the defense of absence of contract (Miller & Cross, 2012, p. 321).In such cases, it is deemed that a contract between these parties is in place. In order to establish promissory estoppel, the following conditions have to be proved. The presumption of a specific legal relationship between the first and second parties. The second

ORGANIZATIONAL BEHAVIOR & LEADERSHIP Essay Example | Topics and Well Written Essays - 750 words

ORGANIZATIONAL BEHAVIOR & LEADERSHIP - Essay Example Thus, for this reason Employee 1 used to work even in the weekends for receiving the bonus (Podsakoff & Schriesheim, 1985). Coercive power refers to such situation when an employee is forced by managers to abide by the order as a means of punishment. It may lead to employees’ dissatisfaction in the job. The marketing manager of Corporation A wanted that entire marketing employees should comply with his orders and work for more hours in a week (Podsakoff & Schriesheim, 1985). Legitimate power means that it is the perception of employees that managers have the capacity to give orders depending on the position. In the marketing department of Corporation A, employees considered that managers had the right to order and encourage them due to his position (Podsakoff & Schriesheim, 1985). Referent power relates to the respect of employees towards managers. In this context, managers direct by citing examples and it exists basically upon trust. In the given scenario of Corporation A, Employee 3 who works in sales department had only 1 year experience in this organization. His personality was liked by each individual for his positive attitude and charismatic nature. In one of the meetings, he had suggested a project for sales growth and was appreciated by everyone. Though he had not led team before, the corporation gave him the responsibility to manage the team over the project after receiving admiration from colleagues (Podsakoff & Schriesheim, 1985). Expert power indicates that a particular employee has high skill level or specialized knowledge over others. Employee 2 is a Certified Public Accountant (CPA) of the corporation. He had only the specialized skill for the formation of financial statements of the corporation. For this reason, he negotiated with the accountant manager to work only four days in a week and manager allowed as there was no other