Contract Creation And Management Laws: Citizen Schwarz Ag

2894 words - 12 pages

IntroductionCitizen-Schwarz AG, a large German bank, has contracted span Systems, a global software designer. Span Systems and C-S have had a tremulous relationship. The strained relationship led to claims and counter claims over quality discrepancies, schedule changes and end-user requirements. User and system requirements have increased since the system study stage. The unusual changes have affected C-S's approval and review times. Span's team has gone above and beyond to meet the new schedules. Quality has suffered as a result of the demanding schedule.Throughout this paper Team B will discuss regulation, legal procedures, needs and risks of both companies. Our team will analyze which contract provisions are necessary and which party will prevail.Citizen-Schwartz BankCitizen-Schwarz wants to rescind the contract with Span System, a software provider, claiming on the failure of on-time delivery and unacceptable quality for several months. C-S seems to transfer unfinished code to an Indian software provider in the market because they cannot afford schedule slips due to its deadline for the release of the transaction software in the market that can be a legal violation against Span.Legal PositionBreach of contract under substantial performanceC-S party's requirements have been changed and system has developed since the bid on the project. C-S's require to terminating the contract with Span will be a breach of contract in substantial performance of contract since C-S's more than 50% of the project schedule has elapsed. This case is a partial breach or an immaterial breach that occurs when the non-breaching party is unentitled to an order for performance of its obligations, but only to collect the actual amount of their damages (Wikipedia, 2007).Breach of contract under 'internal escalation procedure for disputes'C-S has unilaterally indicated the rescission of contract that is an obvious violation of its contractual obligation of 'progressive management involvement' in dispute negotiation. (UOP)Breach of contract under 'communication and reporting'The change in project management structure in C-S has been the main reason for the delay of the Span products' delivery. Reviews of the deliverables have not happened as planned leading of slipped schedules.Breach of contract under 'intellectual property rights'C-S cannot force Span to transfer the code of finished work products since payments for the recent few deliverables remain outstanding. Because the intellectual property rights of all work products remain vested until all sums due to Span have been paid as per the agreement between C-S and Span. Exclusive rights such as copyrights and patents secure their holder an exclusive right to sell, or license rights. As such, the holder is the only seller in the market for that particular item, and the holder is often described as having a monopoly for this reason. (Wikipedia, 2007)Span SystemsSpan Systems is a California based e-banking software...

Find Another Essay On Contract Creation and Management Laws: Citizen-Schwarz AG

Contract Creation and Management Simulation Essay

1054 words - 4 pages This memo is being created to address the legal risks that have arisen between Span Systems and Citizen-Schwarz AG, and to address alternatives that may be used to minimize these risks. The risks that were presented were Breach of Contract, Amending the Contract, and Ambiguity of Contracts. The will be addressed as they are noted above.Breach of Contract:Span Systems has a couple of items they could dispute with Citizen-Schwarz. Under Breach of

A Case Study Approach to the Identification, Reporting and Creation of Action Plans in the Management of Child Abuse - Case Study

4540 words - 19 pages teacher. References · Arthur-Kelly, M, Gordon, C, Arthur, M, Butterfield, N & Lyons, G 2006, ‘Building positive relationships through effective communication’, in Classroom management: creating positive learning environments, Thomson Learning, South Melbourne, Vic, pp. 60–85. · Australian Institute of Family Studies 2016, Mandatory Reporting of Child Abuse and Neglect, Child Family Community Australia, Retrieved 3/8/2017,

Reconciliation Memo

1359 words - 5 pages This memo seeks to negotiate a contractual resolution between Span Systems and Citizen-Schwarz AG for the purpose of maintaining our one-year contract, worth six million dollars. By bridging the gap between how we are currently facilitating our business transactions with how we aspire to facilitate business transactions, we can preserve our relationship. As project manager, my responsibility is to be proactive in getting our project back on

Contact Creation Management

1917 words - 8 pages Contact Creation PAGE \* MERGEFORMAT 6 The simulation begins in the middle of a major dispute between a software-developing company, Span Systems, and one of its customers, Citizen-Schwartz AG (CS), a large German bank."Contract Creation and Management" SimulationPetra RiveraUniversity of PhoenixLaw 515 - Legal Environment of BusinessLcdo. Israel Camacho-Alicea18 de noviembre de 2008A: Juan PerezDE: Petra RiveraASUNTO: Contact Creation and

Recognizing Contract Risk And Opportunities

773 words - 4 pages University of PhoenixDate:April 26, 2009Subject:Contract Creation and ManagementTo My Fellow Managers:There have been concerns with our recent contract with Citizen-Schwarz AG (C-S), and you all know by now these proceedings have not proceeded as planned. One of C-S's most influential negotiators, Leon Ther, has threatened the rescission of our contract. Concerns that Mr. Ther has is based on an occurrence of recent schedule slips and an

Creating a Contract

1088 words - 4 pages an obligation to fulfill all terms of a contract in order to avoid a breach.Contract Creation and Management MemorandumOrganizations like Span Systems (SS), an organization that is in the forefront of banking software, and Citizen Schwartz (CS), a European bank, should have a system in place for avoiding breach of contract. Span Systems was approached by Citizen-Schwarz AG to develop a Java-based transaction processing software program. Span

Contract Risk and Opportunities Memo - Span Systems

1321 words - 5 pages has settled a dispute on a six million dollar contract with Citizen-Schwartz AG (C-S) one of Span Systems largest German banking customers. This conflict and misunderstanding placed on hold the potential e-CRM contract and threaten to engage Span Systems in legal action to protect intellectual property, our company image and the need to develop a defense for breach of contract. Leon Ther, C-S main negotiator threaten to rescind the transactional

Environmental Sustainability

2254 words - 10 pages illustrate this approach. 4.1. Environmental Management Accurate management is crucial for a company to reach their ecological targets. VW has used an Environmental Management System (EMS) since 1995 to coordinate and to control its environmental policies and to ensure the compliance with environmental laws. The EMS is tailored to VW’s individual needs and helps to develop, implement and review environmental programmes. It also monitors and

CROSS CULTURAL COMMUNICATION IN INDONESIA AND UNITED STATES

3258 words - 13 pages On 2007, Volkswagen AG financial performances hit its record sales and earnings, selling more than 6 million car in a year and accumulating approximately €113,808,000 sales revenue (Volkswagen Annual Report, 2008). Martin Winterkorn, Volkswagen's Chairman of the Board Management realised that Volkswagen secret of success is thanks to the continuous effort towards new knowledge creation and innovation process. Gurteen (1998) stated that

Apple Vacations Vs. Thomas Cook

934 words - 4 pages consistent creation of value for all the stake holders.Superficially, the differences between Apple Vacations and Thomas Cook AG are evident, as one is a national tour operator, while the other is a global travel conglomerate. Nevertheless, if we examine deeper below the surface and truly analyze the two companies, we can appreciate the great similarity between them. Both have become trusted and highly respected in their markets, as well as being among

The Link Between Quality and Learning

1494 words - 6 pages , Freiesleben and Schwarz (2006) discuss the fundamental role of learning in quality management by investigating information flow during the “quality investment cycle”, a concept similar to “learning cycles”. Mukherjee et al. (1998), attempted also to explore this link between learning and quality by analyzed quality improvement projects of a factory. In their study they identified the two dimensions of conceptual and operational learning that took

Similar Essays

Contract Creation And Management Laws: Citizen Schwarz Ag

2437 words - 10 pages IntroductionSpan Systems and Citizen-Schwarz (C-S), a large German Bank, have formed a business contract together to create a software system (for transacting processes in the retail financial services market)the bank can use for its transaction software market. Span Systems is the software developer and C-S is the client requesting the software. During the course of the software development problems or issues occurred that may create a contract

Contract Creation And Management Essay

1301 words - 5 pages point of complete performance. The legal principle involved was that of a material breach of the contract which could lead to litigation and the possible loss of the future business relationship with Citizen-Schwartz AG (Jennings, 2006). Citizen-Schwarz AG may have first approached a breach of the contract when they failed properly to communicate and report their changes of project management structure. These occurrences are the main reason for the

Contract Creation And Management Essay

1615 words - 6 pages clause for Requirements Change has both companies at fault for not being specific enough. Change in the project management structure at Citizen Schwarz and evidence of its delay in turnaround times will place CS at fault for the breach Communications and Reporting. Despite all the violations of the contract, opportunities arise from having to manage the legal risks that derived from this unfortunate situation. The important aspect to remember is that

Contract Creation And Management Simulation Essay

1392 words - 6 pages Running Head: Contract Creation and Management SimulationContract Creation and Management SimulationLearning Team A:Rita Ben-CherquiJohn MartoranaBusiness LawUniversity of PhoenixMarch 10, 2009The SimulationIn the "Contract Creation and Management" simulation between Span Systems and Citizen-Schwarz AG, Team A was given the opportunity of reviewing the case between the two aforementioned companies and was able to "develop a negotiating position