Archive for September 24th, 2021

Is A Gentleman`s Agreement Enforceable

by on Sep.24, 2021, under Uncategorized

Gentlemen`s agreements were a widespread discriminatory tactic that, according to reports, was more common than restrictive alliances to maintain the homogeneity of upper-class neighborhoods and suburbs in the United States. [17] The nature of these agreements has made it extremely difficult to prove or prosecute them and have been long after the U.S. Supreme Court`s decisions in Shelley v. Kraemer and Barrows v. Jackson. [17] One source indicates that gentlemen`s agreements “undoubtedly exist,” but that their use has declined sharply. [17] But there is a big drawback to gentleman`s Agreement. If a party violates the agreement, the aggrieved party (most often) cannot take legal action. Instead, we recommend that you enter into a contract at a good price.

In the worst case, a gentlemen`s agreement may be entered into to engage in anti-competitive practices such as price agreements or trade quotas. Since a gentlemen`s agreement is tacit – not bound on paper as a legal and binding treaty – it can be used to create and enforce rules that are illegal. Now that you know how a gentleman`s agreement works, you might wonder how that agreement was made. You may find it surprising that it has a rich history. A U.S. House of Representatives report, detailing its investigation into the United States Steel Corporation, asserted that in the 1890s there were two general types of loose associations or consolidations between steel and steel interests in which companies retained ownership and a high degree of independence: the “pool” and the “gentleman`s Agreement.” [5] The latter type does not have a formal organisation for the regulation of production or prices or provisions on forfeiture in the event of infringement. [5] The effectiveness of the agreement was based on the fulfilance of informal commitments made by members. [5] If there is a dispute over what has been agreed, the Court will use a written contract to interpret the meaning before considering the oral agreement. This is because in oral treaties, even honest people tend to forget or misinterpret facts when memories fade over time. Written contracts protect you by preventing misunderstandings; all information relating to your consent is in one place; the agreed terms are specific; And it will normally keep you out of court.

This case underscores the willingness of the courts to maintain informal agreements between parties that have not been documented in writing, particularly in a commercial context where there is a greater chance that there is an intention to create legal relationships. . . .

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Interim City Manager Agreement

by on Sep.24, 2021, under Uncategorized

MARQUETTE – The City of Marquette and Karen Kovacs have entered into a contract agreement for Kovacs to become the City`s next manager. At its May 10 meeting, the Marquette City Commission voted unanimously to offer the manager position to Kovacs, who was one of six finalists for the position. Kovacs succeeds current city manager Mike Angeli, who will retire on June 1. Contract negotiations between the city and Kovacs began after the May 10 meeting and an agreement was recently reached between the two sides. At Monday`s Commission meeting, the Commission voted 7-0 in favor of appointing Kovacs as the city`s next manager. Kovacs was previously a municipal administrator for the state of Milan, a city of 5,800 people in Washtenaw and Monroe counties, a role she held for nearly two years. She was also Chief Financial Officer and Treasurer for Milan for nearly four years. The pool of six finalists, including two internal candidates, deputy city manager Sean Hobbins and CFO Gary Simpson, was ultimately limited to two, Kovacs and John Kramer of Aurora, Illinois. The city was to bring Kovacs and Kramer to a second interview before Kramer withdrew from the search due to unknown circumstances. The Commission also voted 7-0 to allow Hobbins as acting city manager from Angeli`s retirement until Kovacs entered his role on June 7. Hobbins was recommended by Angeli for the role and will receive from June 1 to June 6 a salary increase equivalent to 50% of the difference between the city manager`s current salary and the city`s deputy city manager`s salary, the city`s documents read.

“I cannot express the honour this represents for this great opportunity to serve as the next city manager,” Kovacs said at the Commission`s May 10 meeting. “It was not an easy decision to leave Milan, but I am going on an absolutely wonderful occasion to a wonderful city. I can say that with the retirement of City Manager Mike Angeli, there are some big shoes to fill, and I certainly admire and appreciate the time and the thorough process that you (Smith) and the Commission have undertaken to make this decision. I understand that there are so many qualified candidates and I admire each and every one of them. Kovacs` launch date is June 7 and its first term runs until September 30, 2022. Kovacs will earn a base salary of US$125,000 per year, as well as $50,000 in at-risk life insurance, an annual car allowance of US$6,000 and the same package of ancillary benefits that municipal division leaders receive, municipal documents read. A subcommittee consisting of Commissioners Fred Stonehouse, Sally Davis and Cody Mayer was appointed on May 10 by Mayor Jenna Smith to negotiate contract details with Kovacs. “I look forward to working with all services and staff and you as a Commission to continue this great progress and momentum that has already begun. Thank you for this opportunity, and I can`t wait to get started, to work and to be in such a beautiful and bright community. Prior to Milan, Kovacs worked as a professional state accounting consultant for Plante & Moran PLLC. She graduated with a degree in accounting and a high school subject in applied technology in economics from Oakland University.

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