Administration of Contracts in Business Law

Two parties may decide to form an agreement in concern for their business. And for that reason, each of them will leave saying that they have a deal. However, the law differentiates between enforceable agreements from mere promises. When parties present themselves to the court alleging that one of them refused to perform according to their agreements, the court looks at their promises and check whether all the elements of agreement exist. If they exist, then the court will enforce such agreement.   Keywords:   Enforceability, Offer, Acceptance, Consideration Contract law supervises people in the administration of their promises. It is necessary to recognize that not all agreements that people form are enforceable in the eyes of the law. For a court to enforce a deal, it must look for the presence the elements of an agreement. If all of them exist, then the court will proceed to force the parties to perform their obligations. As an illustration, this paper will analyze a case between Peter and Brett (Nephew) and decide whether there is an enforceable agreements of not. The explanation whether the uncle/nephew relationship has any effect on whether or not there is a binding agreement is a matter of presumption applied to cases of social and domestic agreements. When looking at these agreements, their enforceability dwells on their subject matter as opposed to the parties’ relationship. In most cases, agreements originating from a business setting have a presumption that the parties intended to create a legal relationship (Koffman, & Atkins, 2014). The rule doesn’t even apply to domestic relationship, but also to any commercial context where free gifts are offered as in (Esso Petroleum Ltd v Commissioners of Customs and Excise, 1976) Concerning family cases, a good example of the application of a binding agreement between relatives is in (Parker v Clarke, 1960). This case involved elderly relatives convincing a young couple to dispose their house and relocate with them. The elderly relatives promised them that they would give the young couple a share in their house in return. However, their relationship fell out, and the elderly couple dismissed the young couple. When the matter went to the court, the court rebutted the presumption given to the domestic agreements and held that the agreement was enforceable. Similarly, in the case of (Merritt v Merritt, 1970) the court rebutted the presumption both the husband and wife in had no intention to form a legal relationship in their agreement. So like this case, Brett should not assume that the court will be blinded by the fact that he was contracting with his uncle. The court will look at the subject matter of the agreement which is the ‘sale of a car.' The law of contract dismisses any thought that the acceptance can occur by the silence from the offeree. On the other side, it also explains to what extent a silence can indicate a sign of acceptance. However, it's not a silence as such. It's a situation where the offeree's conduct demonstrates an acceptance of an offer. For instance, in (Brogden v. Metropolitan Railway Co, 1877), the court held that the plaintiff accepted the offer the moment he made the amendments and sent the draft to the defendant. Also, the court traced a sign of acceptance by indicating that the actions of the parties demonstrated acceptance. That is, the plaintiff sent the coal after the agreement, and the defendant accepted the coal.   Additionally, in (RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG, 2010), the Supreme Court ruled that as far as the parties had carried out their obligations, it meant that they had accepted the terms of their agreement even though they had not signed it. The court went on clarifying that the parties’ conduct had shown that they had performed as if the contract draft applied, and they treated it as if it was already a contract. The same principles were applied to (Limited v Amphenol Limited, 2009) Tekdata bought some from Amphenol and indicated that it would be its and condition that would guide their contract. On the other side, Amphenol disputed those sentiments and said that Amphenol's terms and conditions would administer the agreement. Nevertheless, the parties continued with their normal trade until when the dispute emerged. In solving the dispute, the court of appeal held that Amphenol was the last to issue its terms, so its declarations would apply. These kind of judgments are more popular in cases where one party commences work before they agree to the terms of the contract. So like the mentioned cases, Peter’s terms would prevail. Consideration is a fundamental constituent of any enforceable contract. In English law, any contract without a consideration is   treated as voidable. In other words, if one party promises another something without getting something in return, the law cannot enforce such a promise.   A valuable explanation to consideration is in (Currie v Misa, 1875). The judge said consideration is, "some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility, given, suffered or undertaken by the other" Also, the House of Lords described consideration as the "price that one to a contract pays for the promise or the performance of the other party," (Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd, 1915). Like offer, and acceptance, even consideration has some rules that attached to its validity. In (Turner, 2013), the book summarizes the rules of consideration into three principles; these are that "the consideration must be sufficient but need not be adequate. The second rule is that past consideration would not be a useful consideration, and the third one is that consideration must come from the promise." In the concerned question, this paper will concentrate with the first principle. By stating that consideration must be sufficient but that it need not be adequate, this means that it requires that there should be an exchange of something of value but not something equivalent to whatever you received. In other words, there should be an existence of a bargain, though it doesn't have to be a good one. The same explanation was given in (Korunich v Holliday, 2013) where the court stated that a "good consideration does not need to have a value comparable to the promise." So considering t he explanations above, $500 is a valid ‘consideration’ for a contract to sell the diesel motor car if the parties accept it. If Brett tells Peter that he would challenge the validity of the contract due the fact that he entered into the contract thinking he was buying a diesel car, but Peter gave him a diesel car, then it would be a question of unilateral mistake. In (Emanuel, 2010), Emanuel explain that â€Å"a unilateral mistake happens where one party to a contract is mistaken but and the other party is aware of the mistake.† This mistake may happen to the concern of a fundamental term, or it can be the identification of one of the contracting parties. Notably, if a unilateral mistake happens due an error in the quality, such error would not invalidate the contract. For instance, in (Smith v Hughes, 1871) the court held that the contract was enforceable even though the plaintiff had made a mistake to the oats. On the other hand, if the mistake touches the requisite part of the contract, i.e a fundamental term of a contract, and the other party knows the mistake, this can render the contract voidable. For example, in (Hartog v Colin & Shields, 1939) the judge ruled that the plaintiff was aware of the clerical mistake with the offer. As a result, the court dismissed the claim as it could not let the plaintiff benefit from of such a fundamental error. To clarify, the court ruled on behalf of the defendant stating that the plaintiff was supposed to consider that the defendant's intention wasn't to sell at such a low price. As for the case of Peter and Bett, the contract can be voidable due to a fundamental mistake. The procedure for contract arrangement starts with one party presenting an offer, and the other one accepting. The acceptance can be in writing, oral or in conduct. Apart from offer and acceptance, a valid agreement must have consideration. There is no rule to what consideration should be. For example, $1 for a car would be an adequate consideration. Koffman, L., & Atkins, R. (2014). Koffman & Macdonald's law of contract (8th ed., p. 79). Oxford: Oxford University Press. Miller, R. (2012). Fundamentals of business law (3rd ed., p. 154). Mason, Oh: South-Weston. Turner, C. (2013). Key facts and key cases (1st ed., p. 31). Routledge. Emanuel, S. (2010). Contracts (9th ed., p. 164). New York: Aspen Publishers. Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd (1915) Esso Petroleum Ltd v Commissioners of Customs and Excise (House of Lords 1976). RTS Flexible Systems Ltd v Molkerei Alois Mà ¼ller GmbH & Co KG (2010) Tekdata Interconnections Limited v Amphenol Limited (2009)

Facility and venue management Assignment Example | Topics and Well Written Essays - 1500 words

Facility and venue management - Assignment Example Located directly opposite the transit centre, this facility is accessible by both train and bus terminals and one would just walk a few minutes to be in within minutes. On arrival by plane into the international or domestic terminal, one takes an air train to Roma Street Transit centre and this takes very little time. Arrival bus is followed by disembarking at the transit centre on level 3 then level 2 before walking over the skylink to the escalators and the guest is at the doorstep of this paradise on Earth. The hotel is a multi-purpose and ultra-modern hospitality facility with different kinds of rooms and hall including a main hall, meeting rooms, stage, and kitchen as well, which suits various groups of clients. This facility offers wide variety of services from private functions such as internet surfing, to public activities like social events, meetings, community recreational activities and even travel desk for consultations. 2.0 Design Analysis 2.1 External Design Features Ba sically, Tinbilly Travellers Hotel has a one storey building, which is located on the edge of a 20-acre Roma street Parkland, with brown brick walls and grey top. The building ever looks very clean, sparkling and new. The size of the building is quite big, which is able to contain more than 400 people at the same time and accommodate others in its hostels. Since Tinbilly Travellers Hotel is located within the busy Roma street transit centre, it has a lot more open spaces on the ground floor available for use and a serene water body behind it in Brisbane River which is relatively close to the building. The landscaping in there is good, with a lagoon around the hotel at the back and along the street in which it is located. When one just gets there, local and international guests can feel fresh air and see the wide spaces all over the ground floor. The facility is easy to find and trace due to the big signade â€Å"Tinbilly Travellers Hotel† name on it near the main road along t he Roma street transit centre. With respect of the other feature of open spaces, the quality of the paving and corridors is excellent, probably because of regular maintenance by the hardworking staff and the Tinbilly Travellers Hotel seems quite new comparing to other hospitality facilities in this location. Besides, there are also a few rubbish bins around the building for dropping small scale refuse which is important considering its location within a cosmopolitan environment. There are various options of transport to access the hotel due to its strategic location within the busy city centre. One can drive to the building or readily walk after a short time connection from the air train or bus. Tinbilly Travellers Hotel has no private parking but the guests can use the free street parking that can accommodate many vehicles. The challenge is the ever increasing number of visiting people that strains the street parking and almost locks out some guests besides the gradually fading col our of parking spots lines. The entrance and exit to the Tinbilly Travellers Hotel is just faced to the main road. As the main road has high traffic flux due to the

Spanish Essay Example | Topics and Well Written Essays - 250 words - 1

Spanish - Essay Example En la otra mano, la migraccion es como un descanso durante el dia. Esta musica combiinada con la magnifica fotografia de Vittorio Storaro crea una gran escena de cuando los immigrantes entran por la luz. Lo mismo occurre para la danza illustrada en la pelicula. Una gran escena para explicar como la musica y el baile crean semtimientos en los caracteres cuando Laura y Elena bailan con el mismo hombre durante una cancion. Para mi esta escena es la sumatoria de toda la pelicula. El hombre esta supuesto a representar los sentimientos de Mario y como su corazon miente com ambas mujeres, La musica cambia un poco cuando las mujeras bailan con el hombre. El uso de colores en la pelicula tambien esta represntado en las sentimientos de los caracteres. El trasfondo durante los diferentes bailes illustran el sentir de la escena. Un punto de vista interesante cuando examine la pelicula por segunda vez, es que Elena siempre se viste de rojo. El color rojo puede significar muchas cosas. Y pienso que significa el amor mutuo entre Mario y Elena y tambien pienso que su amor era

Legal Issues Case Study For Nursing Essay -- essays research papers

Legal Issues Case Study for Nursing Case 2 Nursing Situation: Cindy Black (fictitious name), a four-year-old child with wheezing, was brought into the emergency room by her mother for treatment at XYZ (fictitious name) hospital at 9:12 p.m. on Friday, May 13. Initial triage assessment revealed that Cindy was suffering from a sore throat, wheezing bilaterally throughout all lung fields, seal-like cough, shortness of breath (SOB), bilateral ear pain. Vital signs on admission were pulse rate 160, respiratory rate 28, and a temperature of 101.6 Â °Fahrenheit (F) (rectal). Cindy Black was admitted to the emergency department for treatment. Notes written by the emergency department physician on initial examination read, "Croupy female; course breath sounds with wheezing; mild bilateral tympanic membrane hyperemia. Chest X-ray reveals bilateral infiltrates." Medication prescribed included Tylenol (acetaminophen) 325 mg orally for elevated temperature, Bronkephrine (ethylnorepinephrine hydrochloride) 0.1 millimeter subcutaneous, and monitor results. Nurse Slighta Hand, RN (fictitious name) administered the medication as ordered and the child was observed for thirty minutes. Miss Hand's charting was brief, almost illegible, and read, "Medicines given as prescribed. Cindy observed without positive results. Physician notified." The physician examined the child; notes read that the child had "minimal clearing" in response to the bronchodilator. The following medications were then prescribed: Elixir of turpenhydrate with codeine one milliliter by mouth, Gantrinsin (sulfisoxazole) 10 Case 3 milliliters, and Quibron (theophylline-glycerol guaiacolate) 10 milliliters. Nurse Slighta Hand, RN charted the medications were given as prescribed. Her note at 11:08 p.m. read, "Vomiting; unable to retain medicine. Respiration increased (54), temperature 101.4Â °F (rectal); wheezing with increased difficulty breathing." No further notes were made regarding Cindy's condition on the emergency department record by the nurse, except to state that at 12:04 am, "child released from emergency department." Thirty minutes after discharge from the emergency department, Cindy Black was brought back to the hospital. This time her vital signs were absent, her skin was warm without mottling, and the pupils of the eye were dilated but reacted slowl... ...30 minutes) Â · Pulse rate, rhythm, quality (every 15 minutes) Â · Respiratory rate, rhythm, character (every 15 minutes) Â · Patency of the airway (at least every 15 minutes, more if in distress) Â · Blood pressure (every 30 to 60 minutes) Â · Skin color and temperature (every 15 minutes) Â · Level of consciousness (every 15 minutes) Â · Emesis amount, character, and frequency Summary: Communication throughout the nursing process is crucial for the provision of safe patient care consistent with the prevailing professional standard. Spoken communication among all members of the health-care team, and especially between nurse and physician for clarifying orders, planning patient care, and reporting significant patient observations is vital to the nursing process. Equally important is written communication by the nurse in the form of prompt and accurate entries in the medical record. References Bernzweig, E. (1996). The nurse's liability for malpractice. (6th ed.). St. Louis: Mosby Creasia, J. and Parker, B. (1991). Conceptual foundations of professional nursing practice. St. Louis: Mosby Earnest, V. (1993). Clinical skills in nursing practice. (2nd ed.). Philadelphia: J. B. Lippincott

Assessment of Patient’s Perceptions Essay

Caring has been widely discussed in the health care professions, especially in nursing which is considered to be one of the caring professions (Boykin and Schoenhofer 2001). Watson (1985) describes caring as a moral ideal of nursing. According to Watson, caring preserves human dignity in cure dominated health care systems and becomes a standard by which cure is measured (Watson 1988c, p. 177). Research literature indicates that the assessment of quality of care from the patient’s perspective has been operationalised as patient satisfaction (Dufrene 2000). Nurse caring has been related to patient satisfaction in western literature (Wolf et al 2003; Wolf et al 1998; Forbes and Brown 1995; Boyle et al 1989). There are so many factors that influence patients’ perceptions of care given by the opposite sex. Some of these are: Age, ethnicity, gender, socio-economic and health status. The most consistent finding has been related to age. Older patients tend to be more satisfied with their health care. Studies that have looked at ethnicity have generally held that being a member of a minority group is associated with lower rates of satisfaction. Studies on the effect of gender show that women tend to be less satisfied and other studies show the opposite. Most studies have found that individuals of lower socio-economic status and less education tend to be less satisfied with their health care. Other studies have shown that poorer satisfaction with care is associated with experiencing worry, depression, fear or hopelessness, as is having a psychiatric diagnosis such as schizophrenia, post-traumatic stress disorder or drug abuse. Health status can greatly influence satisfaction of an individual (Hall, 1990). It is important to examine the relationships of nurse caring to patient satisfaction in Cape Coast because of severe staff shortages, heavy workload, and low salaries in Cape Coast Hospitals. Nursing literature had long recognized importance of these perceptions as major factors militating against prompt and effective service delivery in the care environment. One of the critical roles and ethics of the nurse is to treat all patients irrespective of their gender, colour, creed, political inclination and religious affiliations. High quality nurse-client communication is the backbone of the art and science of nursing. It has a significant impact on patient well-being as well as the quality and outcome of nursing care, and is related to patients’ overall satisfaction with their care. The maintenance of high nurse patient communication also depends on the nurse and patient. The quality of care in a hospital has been shown to be influenced by several factors including: inadequate nursing staff, lack of regular water supply on wards, too much nursing documentation, too long waiting time, and lack of specialized nurses. In Ghana, there is crisis in nurse-client communication evidence from four sources. These are personal observation, anecdotes from client and their families, media reports, and official health reports. Although there is ample evidence to demonstrate that most nurses are females, one cannot discount the enormous services that male nurses provide irrespective of their gender. The ever increasing number of female nurses compared to male nurses in our wards, coupled with patient dissatisfaction toward treatment received has raised a lot of questions as to whether there is a perceived idea that male nurses offer better care or otherwise. With the introduction of Health Insurance a few years ago, more patients report to the hospital and are also consciously aware of their rights and responsibilities as patients and hence will demand for better service delivery from care givers. Recently, patient dissatisfaction has been on the ascendancy in several hospitals across Ghana including University of Cape Coast Hospital. This has raised a lot of concerns about the perceptions patients have regarding the care given by male nurses.

Avoiding Ice and Snow Damage to Trees

Brittle tree species that retain dead, persistent winter leaves normally take the brunt of heavy icing after a winter storm. Knowing and managing your brittle trees and you can make it through a normal ice storm. Many of the elms, most true poplars (not yellow poplar), silver maples, birches, willows, and hackberry are tree species that simply cant handle the weight of the ice slurry coating their limbs, persistent leaves, and needles. They do well with the snows of the north but have problems in areas that have regular ice storms. Cold climate conifers like fir, spruce and hemlock can handle moderate icing. Southern yellow pines usually take a beating during major icing events that occur on the edge of their natural range. Brittle trees tend to be fast growers. Because of their desirable growth potential and the prospect of making quick shade, weak trees are sought out and planted by homeowners in late winter ice zones. Planting these trees will only exacerbate the problem of limb breakage during heavy icing. Fast-growing trees often develop weak, V-shaped crotches that easily split apart under the added weight of ice. Because these trees usually take some damage from storms throughout the year, internal rot, decay and included bark (some of which you cannot readily see) lead to weakened trunks and limbs (some callery pears). Multiple leader, upright evergreens, such as arborvitae and juniper, and multiple leader or clump trees, such as birch, are most subject to snow and ice damage. Smaller trees need to be wrapped and larger trees with wide-spreading leaders should be cabled in ice-prone areas. Here are things you can do in the yard or landscape to prevent ice damage: Plant Only Strong Trees in Your Landscape Certain trees are popular year in and year out for a reason - they show well and live well. Prefer these trees but eliminate those I have mentioned that door poorly in ice-prone regions.   Brittle Species Should Not Be Planted These species will not do well on sites where heavy ice and snow is a problem. Brittle species include elm, willow, box-elder, hackberry, true poplar and silver maple. Avoid Planting Species With Persistent Leaves Species  that hold their persistent leaves into late fall and early winter where early ice storms are common isnt a great idea. These trees are quickly damaged and removed where the ice storm is common. Wrap Small Multi-Leader Trees So you have a valuable, small specimen you want to preserve. If ice is predicted, secure the tree with strips of carpet, strong cloth or nylon stockings two-thirds of the way above the weak crotches. Always remove any wrapping during spring to avoid binding new growth and girdling limbs and trunk. Begin an Annual Pruning Program When Trees Are Young There is not much you can do with a weak crotch so use tip 4. Prune dead or weakened limbs and excessive branches from trunk and crowns. This reduces ice weight that can rapidly destroy the trees form. Hire a Professional Arborist The expense is worth it for particularly valuable susceptible or wide-spreading large trees. An arborist can strengthen a tree by installing cabling or bracing on weak limbs and split crotches. Favor Conical Formed Trees Trees like conifers, sweetgum or yellow poplar will be robust additions to your landscape. Species with less branch surface area, such as black walnut, sweetgum, ginkgo, Kentucky coffeetree, white oak, and northern red oak are preferred.

Jean Piaget And Marie Montessori - 1124 Words

This essay offers a biography of Jean Piaget and Marie Montessori. In addition to a biography it compares and contrast the two educators. One was more focused on the development of children, while the other specialized in the way children learn. They both were crucial components in the development of how teachers and professors educate their students regardless of their age. There are many people that have made a great impact on education throughout history. Two of the more prominent educators are Jean Piaget and Marie Montessori. Both Piaget and Montessori have made great leap in education whether it was creating different stages of development as a child or creating their own school. Jean Piaget was born in Neuchatel, Switzerland in 1896. He received his Ph.D. in biology. Piaget became interested in the development of intellectual abilities in children while working at the Alfred Binet Testing Laboratory in Paris. In 1926, he began publishing work on childhood psychology. Piaget based his theory on James M. Baldwin, an associate of his in the Testing Laboratory in Paris. Piaget worried that the development of knowledge representation and manipulation is not genetically programmed into the brain. He perceived children as young scientists who are motivated to understand the world and realize the mistakes that others have made about the world. Piaget believes that â€Å"Changes in knowledge structures drive changes in fundamental cognitive capabilities. The seemingly naturalShow MoreRelatedDevelopmental Theorist: Dr. Maria Telca Montessori849 Words   |  3 PagesDr. Maria Telca Montessori was the founder of the Montessori method of education. Maria, an Italian p hysician and educator, was born in Ancona, Italy on August 31, 1870 and died May 6, 1952. She was born to Alessandro and Renilde Montessori. Marie’s father was a soldier when he was young, and her mother was well educated. As a child Maria was seen to be self confident, positive, and extremely keen in change and helping people. Maria would knit things for the poor, and she enjoyed taking her neighbor