Essay on "Managed Care Organizations: Basics"
Essay 3 pages (776 words) Sources: 5 Style: APA
[EXCERPT] . . . .
Illegality, of course, is determined by statutes." (McCandlish and Lilliard, 2010)IV. Severability Clause Defined and Discussion of its Impact on Contract with Unenforceable Provisions
A severability clause is included in a legal contract and states as follows: "Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable." (Licensing Digital Information -- Liblicense, 2010) Stated quite simply if one part of the contract agreement is illegal and therefore unenforceable, the severability clause protects the other legal aspects of the contract and holds them to be valid and enforceable.
Summary and Conclusion
This work has reviewed the basic elements of a contract and as well as reviewed the negotiation considerations of a contract and the severability clause contained in all contracts. Contracts have been shown to require an offer, consideration, and acceptance. The severability clause contained in a contract states that the contract is valid and enforceable even if one aspect of the contract is not legal an
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References
Contract Basics (2010) McCandlish & Lillard, P.C. Legal Counsel. Retrieved from: http://www.mccandlaw.com/files/Contract%20Basics.pdf
Contract Negotiations as a Source of Value (2010) Contracting Excellence. International Association for Contract and Commercial Management. Upside Software Inc. May, June, July 2010. Retrieved from: http://www.iaccm.com/userfiles/file/CE_April2.pdf
Mazmi, Mahbub (2008) Effective Method of Negotiation. E-zine Articles. Retrieved from: http://ezinearticles.com/?Effective-Method-of-Negotiation&id=1671981
Oilek, Sucha S. (2010) Essential of a Contract. E-Law. Retrieved from: http://www.e-law.bc.ca/art_essential.html
Severability (2010) Licensing Digital Information, Liblicense. Yale University Library. Retrieved from: http://www.library.yale.edu/~llicense/sevcls.shtml READ MORE
Quoted Instructions for "Managed Care Organizations: Basics" Assignment:
“Case Assignment: Managed Care Organizations, and corporations generally, have legal departments or law firms that zealously represent their interests. Consequently, in the managed care environment, practitioners need to have some savvy when it comes to negotiation and contracting (not just in healing). The focus of this module will be on the core basics of negotiating and contracting as an introduction to these issues in a managed care setting. Assignment expectations: 1. Identify and describe the three basic elements of a contract; 2. Identify and discuss the stages of negotiation and areas of concern. Be sure to remember there are several approaches to negotiation and indentify the one you chose; 3. Discuss the implications of a contract that contains provisions for performing illegal activities; 4. Define severability clause and discuss its impact on a contract with one or more provisions that are unenforceable. In other words, does an unenforceable provision make the entire contract void? 5. Limit your papers to 3-4 pages, not including title page and list of references; 6. Be sure to apply critical thinking skills from your analysis of the current literature on the above topics- especially with regard to #3 and #4 above. 7. Please utilize at least 3-5 scholarly sources and cite them both within your paper (at the end of paraphrased information) and listed at the end.
How to Reference "Managed Care Organizations: Basics" Essay in a Bibliography
“Managed Care Organizations: Basics.” A1-TermPaper.com, 2011, https://www.a1-termpaper.com/topics/essay/managed-care-organizations-basics/8723560. Accessed 1 Jul 2024.
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