- August 29, 2012
- Posted by: essay
- Category: Free essays
Today, human resources play an extremely important role in any organization. In such a situation, human services are particularly significant and they should be delivered at the top quality. However, it is not always possible to guarantee the high quality of human services because of the lack of legal norms which could regulate human services and relationship between individuals and between individuals and organizations providing such services. Obviously, it is impossible to regulate efficiently human services on the ground of legal acts. Instead, the implementation of legally binding contracts seems to be consistently more efficient since it provides ample opportunities for the definition of responsibilities and obligations of parties singing such contracts in terms of provision of human services.
In this respect, it is important to underline the fact that the development of legal relations is closely intertwined with the creation of legally binding contract. In actuality, this means that the development of legal relations or the intention of creation of legal relations by individuals as well as by individuals and organizations naturally implies the legalization of these relations by means of legally binding contract. At the same time, it should be said that the legally binding contract actually implies the terms and conditions under which the contract or any legal agreement is signed. Consequently, any legal relationships inevitably lead to the legally binding contracts because it is impossible to develop legal relations without defining certain terms and conditions.
On analyzing the practical implementation of legally binding contracts, it should be said that such contracts arise from different sorts of legal relations, such as signing a lease, getting married, using a checking account, or even using Internet sites or software. In such a way, the development of any sort of legal relations involves the agreement on terms and conditions of contract that means that people, involved in these legal relations, are actually signing a legally binding contract. In fact, the legal relations imply the existence of terms and conditions and people cannot develop legal relations ignoring these terms and conditions since their violation leads either to the void of the legally binding contract or it can cause the legal repercussions. In other words, the violation of terms and conditions of the legally binding contract leads to the denunciation of the contract and put the end to the legal relationships.
In such a context, it is obvious that the intention to develop legal relations is essentially intertwined and is a precursor and essential condition of the legally binding contract. It proves beyond a doubt that legally binding contract cannot exist beyond legal relations.
However, the problem arises when the intention to develop legal relations is discussed in details. To put it more precisely, sometimes it is quite difficult to define whether an individual had an intention to develop legal relations or not and whether the development of legal relations was conscious or not. In fact, often people do not pay much attention to the legal aspects of relations they establish when they develop them. For instance, while using a software or Internet sites, people often accept terms and conditions even without reading the agreement itself. In such a situation, it is hardly possible to speak about a conscious intention of an individual to develop legal relations, but, instead, it is rather possible to speak about the intention of an individual to use a product of services, which inevitably involves certain legal relations, but does not always imply the signing of a legally binding contract.
In this respect, when people develop legal relations and agree on terms and conditions, i.e. create legally binding contract, while using software or Internet sites, they can remain ignorant of the legal aspects of their actions and they agree on legally binding contract automatically. As the matter of fact, people can view such an agreement not as a legally binding contract, but rather as a simple purchase procedure. In other words, they can view the legal aspect of their relations they establish with producers of software, for instance, as a regular purchase, which they make regularly in a supermarket, for instance. In such a context, it is possible to argue whether such a contract is valid or not because people agree on the legally binding contract practically unconsciously, automatically, being unaware of the terms and conditions, which they can fail to read, but which impose on them certain obligations according to the legally binding agreement. In fact, the regular purchases people are making in a supermarket, for instance, are not regulated by legally binding contracts, but the relationships between a seller and a customer are defined by existing legal norms and rules. Therefore, when they view the use of software, which implies the legally binding contract, being a regular purchase, people are unaware of the fact that they have agreed on the legally binding contract.
Consequently, the validity of such legally binding contracts can be under a question, since any contract, including legally binding contract, implies the conscious agreement of the parties involved in the agreement to agree on terms and conditions of the contract and, what is more, they should be conscious of the fact that the legally binding contract imposes on them certain obligations, in accordance with terms and conditions of the contract (Mallor, 46). Hence, it is impossible to sign a legally binding contract, being unaware of its essence.
At first glance, this is another evidence of the fact that an intention to develop legal relations is an essential element of a legally binding contract. However, on the other hand, there is a problem of unawareness of people of the legal aspect of their relations. What is meant here is the fact that people can view some legal relation, such as the use of software, as a routine purchase which is regulated by legal norms and rules, which do not actually involve specific terms and conditions, different from existing legal regulations (Barnett, 188). In such a situation, they actually initiate legal relations and agree on legally binding contract, even if they are unaware of this fact.
Obviously, the unawareness of people when they initiate legal relations leading to the creation of a legally binding contract does not free them from the responsibility or obligations defined in terms and conditions of the contract. In such a situation, people can attempt to void the contract if they are unwilling or unable to meet its terms and conditions and violate them, or, alternatively this legally binding contract will cause legal repercussions in case of the violation of terms and conditions of the contract. Anyway, whether the violation of terms and conditions voids the contract or cause legal repercussions, the parties are involved in the relations implying that the parties have agreed to sign the contract, regardless of their unawareness.
Thus, taking into account all above mentioned, it is possible to conclude that legally binding contracts can contribute to the provision of human services of the high quality. In fact, legally binding contracts can close the gap which persists in the current legislation and which prevents many individuals and organizations from developing normal and mutually beneficial relationships in the field of human services.
In this respect, it is important to remind that human resources are the main asset of organizations and entire state. Therefore, the provision of efficient human services of the highest quality is an essential condition of the successful development of organizations and the country at large. The lack of legislative regulations cannot ensure the reliability and efficient provision of human services, while legally binding contracts can guarantee that parties involved in such contracts will fulfill their obligations and responsibilities adequately that will lead to the satisfaction of needs and interests of all parties involved in such contracts. Therefore, the wider use of legally binding contracts is highly prospective in regard to the improvement of human services at the national and local scale.