Tuesday 7 July 2015

PhD: Aviation Update

Finishing up the First Year!

It's hard to believe that we are in the final month of the first year. And what a quarter this has been! Aviation Law and Systems Engineering have kept me busy this quarter. 

Not to mention, my Law course has opened up my eyes to many issues that could impact anyone's lives. I will be posting more of what I have learned soon, but today I would like to discuss contract law. 


Did you know there are reasons that a contract may be invalid? Yes, validity of a contract could be questioned due to multiple issues. One being undue influence, and another being lawfulness. 

Undue influence:  
Someone in a dominant position or position of trust that exerts pressure to enter into a contract that benefits the dominant party.

Question:  
What if a CEO sends a memo to the employees of a company who are in the midst of contract negotiations, and states something to the effect... "If you don't vote this contract in, this will not be good for you! I will not negotiate a better deal and this is not a route you want to take." 

Does this constitute undue influence? Is that a threat by an influential party who will benefit by the terms of the contract?


Lawfulness:  
A contract cannot violate a law. 
Question: 
 What if the contract above will mandate that all your medical records will be released to another party for assessment if you call in sick to work, violating HIPAA law? Is this a lawful contract? Would this coerce people going to work sick? What if that person was a pilot?

What do you think?

Enjoy the Journey!
XO Karlene 

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