Law of Contract Essay -- Papers

Law of Contract Michelle is at University, studying to be a veterinary surgeon. David, a close family friend is also a veterinary surgeon. Whilst away at University, Michelle received a letter from David, saying that he was due to retire in a few weeks' time and that he wondered whether she would be interested in buying his veterinary equipment for the bargain price of 500 pounds. His letter asked for a prompt reply as a junior partner in his veterinary practice was also interested in buying the equipment, albeit at a higher price. Upon receipt of David's letter, Michelle decided that she would like to buy, but she would need to borrow the money. In order to speed matters up, she then wrote to David expressing a firm interest, but asking if he would be prepared to accept payment by instalments. Her letter got lost in the post and was never received by David Not having heard from David, Michelle arranged a bank loan and then posted a second letter, enclosing a cheque for 500 pounds. This letter did arrive, but by this time, David had assumed that she was not interested in the equipment and had already sold it to his junior partner instead. With reference to the case situation above, discuss, using decided cases to support your arguments, the contractual implications and the remedies, if any, that Michelle might be able to pursue against, David. Answer In discussing the situation amidst Michelle and David, it is critical to establish whether an actual contract has come into existence between the two parties. It is therefore necessary to examine, in relation to the scenario, the presence of the three chief element... ...o of the scenario, David is referred to as 'a close family friend'. Agreements with relations of this manner are not normally imagined to be subject for litigation. In addition to the relationship of the parties, is the immense sense of ambiguity present throughout the scenario. The court may, on these grounds declare the agreement void with the presumption that there was no intention to create legal relations (Gould v Gould 1969). After keenly examining the scenario with the application of knowledge of the different elements of agreement, it may be concluded that a contract did not exist between David and Michelle because of the deficiency of those factors essential to the formulation of an agreement. The lack of contractual implications thereby greatly inhibits the possibility of a successful pursuit against David.

Leslie Annexstein & Eileen Ordover Essay

The issue of equity is one that remains and will continue to be relevant to organization managers. This has been particular challenging in industries that have been associated with particular genders, cultures or demographics which has increased the factors affecting individual performance and participation in organizations (Reeve, 2005). As shown in the article for the study, the issue has shown a great sensitivity to developing issues while at the same remains as an effective benchmark of changes in social perspectives. The sentiment expressed highlights not only the role of management in equal employment opportunities. Leslie Annexstein, Eileen Ordover, Levon Esters, Blannie Bowen and Edward Reeve are given credit in particularly for their efforts in the empowerment of women, the disabled as well as bridging social disparities. However, there is also acknowledgement that even with such advancement in research, legislation and social policies, equalitarian ideals are still far from being realized. It is troubling to think that despite legislation and popular acknowledgement of the need and value of diversity and equal opportunity that such disparities would persist. Therefore, the challenge is one that has to be taken up not only in the interest of social responsibility but as a means of ensuring one’s own welfare in the future (pp. 5-6). How can there be real sensitivity for diversity, in particular for language, cultural and social differences? Are current standards and measures able to accommodate for developing needs? What is the long term consequence of the inability to address issues? How the issues impact individual members of society? Reference Reeve, Johnmarshall (2005). Understanding Motivation and Emotion. New York: John Wiley & SonsMook, D. G.

Essay about We Should NOT Censor Internet Pornography

Pornography is an age-old phenomenon that has been under much modern-day scrutiny. With the recent proliferation of online pornography, possible social ramifications of sexually explicit material on uncontrolled mediums have become the subjects of intense debate. Proponents of a liberal approach toward pornography argue that access to online smut is a constitutionally protected freedom and a harmless diversion that serves to satisfy curiosity and relieve sexual tensions.5 Opponents of this view are particularly concerned with the social effects of online pornography and its effect on the values and morals of minors who can access pornographic images. I will argue for the liberal side and argue that porn in both print form and†¦show more content†¦One major flaw of the CDA is that it uses community standards to judge what is considered legal on the Internet. Unlike most forms of media, the Internet has no defined community; it is a decentralized, ungoverned body that is acces sible to every person with a computer and a telephone line in the world. If there are community standards, to which community do they belong? Do they belong to the communities of the Netherlands where prostitution and marijuana are legal, or to the communities of Bible-belt American, where family values are top priorities? The CDA went beyond its jurisdiction by claiming that community standards was the device with which to measure indecency. The standards of conservative lawmakers should not be the standards that gauge the appropriateness of the Internet, and these lawmakers are wrong to assume that their morals are mirrored in community standards throughout America. The vast library located on the Internet would be transformed into nothing more than a childrens reading room, where only material suitable for minors could be viewed and discussed, since the bill would have made books such as The Adventures of Huckleberry Finn and The Catcher in the Rye illegal in electric form5. Banning books solely because they are in electronic form is a direct infringement on every Americans First AmendmentShow MoreRelatedEffects of Media Violence on Children and the Youth2748 Words   |  11 Pagesï » ¿MEDIA AND THE YOUTH What has the humanity come too lately? It repeatedly seems as everywhere one looks, hostility rears its hideous head. We witness it on the streets, school, college, shopping malls and even at home. The very last of these is a key basis of violence. In numerous peoples living rooms there resides a channel for violence that frequently goes unobserved. 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What company was sued because its Web site s advertisement placed cookies on the computers of people visiting the site? 2. In what European country was a privacy-protection law used to curtail free speech, according to Mishkin? The right to privacy has been around since the early part of the last century. It has evolved to apply—more or less—to a disparate array of socialRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pagesappropriate page within text. Copyright  © 2013, 2011, 2009, 2007, 2005 by Pearson Education, Inc., publishing as Prentice Hall. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use materialRead MoreAdidas Marketing Plan20779 Words   |  84 Pagesmarket.†© †© We†©have†©five†©recommendations†©that,†©if†©implemented†©effectively,†©will†©lead†©adidas†©into†© a†©new†©era†©of†©market†©penetration†©and†©customer†©loyalty†©that†©will†©put†©adidas†©in†©position†©to†© truly†©compete†©with†©its†©rival†©Nike.†©Our†©first†©recommendation†©is†©to†©become†©a†©more†©socially†© responsible†©company†©by†©improving†©supply†©chain†©management†©practices.†©Secondly,†©we†© recommend†©that†©adidas†©put†©a†©strong†©focus†©on†©the†©female†©market†©of†©active†©women†©who†©will†© not†©accept†©the†©Ã¢â‚¬Å"make†©it†©pink†Ã¢â‚¬ ©model.†©Third,†©we†©recommend†©that†©adidas†©streamline†©its†© Read MoreAdidas Marketing Plan20768 Words   |  84 Pagesmarket.†© †© We†©have†©five†©recommendati ons†©that,†©if†©implemented†©effectively,†©will†©lead†©adidas†©into†© a†©new†©era†©of†©market†©penetration†©and†©customer†©loyalty†©that†©will†©put†©adidas†©in†©position†©to†© truly†©compete†©with†©its†©rival†©Nike.†©Our†©first†©recommendation†©is†©to†©become†©a†©more†©socially†© responsible†©company†©by†©improving†©supply†©chain†©management†©practices.†©Secondly,†©we†© recommend†©that†©adidas†©put†©a†©strong†©focus†©on†©the†©female†©market†©of†©active†©women†©who†©will†© not†©accept†©the†©Ã¢â‚¬Å"make†©it†©pink†Ã¢â‚¬ ©model.†©Third,†©we†©recommend†©that†©adidas†©streamline†©its†©Read MoreMs Excel88443 Words   |  354 PagesProofreader Indexer Composition Illustrators Series Design Cover Series Design Cover Illustration Brandon A. Nordin Scott Rogers Katie Conley LeeAnn Pickrell Athena Honore Karen Weinstein Emily Wolman Marian Selig James Minkin Carie Abrew, Tabi Cagan, George T. Charbak Kathleen Fay Edwards, Melinda Moore Lytle, Michael Mueller, Lyssa Wald Mickey Galicia Dodie Shoemaker Eliot Bergman This book was composed with Corel VENTURAâ„ ¢ Publisher. Information has been obtained by McGraw-Hill/Osborne from sources