buy custom The Contract Law essay

buy custom The Contract Law essay A contract can be defined as an agreement between two or more parties or organizations and the requirements that the contract forms are recognizable by the law. Therefore a contract law is an agreement between organizations that if one organization is dissatisfied with another, the law can intervene and make a judgment (Miller, 2009). Many organizations, for purposes of correlation with others, enter into contracts though many end up in the hands of the law due to various misunderstandings between the two. I many cases, the offering company always wins most of the case due to ignorance of the contract terms by the offered. For a contract to be enforceable, it must be legal, it must have an offer, it must be accepted by both parties and it must have considerations to both parties. It is therefore advisable to keenly read the terms and conditions of a contract before entering in to it. Body In our case here, we have two companies involved that are Clean and Tidy Ltd and PC Ltd. Clean and Tidy Ltd has been offering computer cleaning services to PC Ltd for four years now. It is seen that some computers are damaged and PC ltd is asking for compensations but Clean and Tidy Ltd look upon a clause that they had given to PC ltd. Before the cleaning took place, PC Ltd did not sign the contract. Clean and Tidy Ltd claims that they are only eligible to pay for any damages if they are notified in advance that the item damaged is particularly valuable, which PC ltd had not done. For the law to intervene in a contract case, it has to look at a number of things. First of all, was the clause incorporated as a term or a contract? It could be said that the clause was a term rather than a contract. This is because it was written at the back of slip of paper that Clean and Tidy had given to PC Ltd. For the clause to be termed as a contract, it has to be well defined at the front of the written contract. As in the case of Woodruff vs. Clarke Company Farm Bureau Cooperative Association, where a farmer purchased chicken for the purposes of laying eggs. Most of them died after illness and the farmer sued the seller. The seller pointed to the language on the receipts that he gave to the farmer that stated no warranties either express or implied have been made by the seller as to the condition of the poultry. The court ruled the case in favor of the seller though it questioned whether the language was conspicuous enough to draw the attention of the farmer. In the case of Clean and Tidy Ltd and PC Ltd, it can be seen that the clause was written at the back of a slip of paper and so it was not conspicuou at all to the PC ltd company to see. The court should rule the case in favor of the PC ltd company. Secondly, the terms of the contract should be visible and clear. As for the case of Henderson vs. Stevenson where a passenger travelling with luggage from Dublin to White haven on a ticket (Miller ,2009), which had a term written on the back which exempted the shipping company from liability for the loss of luggage. He never looked at the back of the ticket. He lost his luggage and sued for damages. He was entitled to damages as he was not bound by something which was not communicated to him. In our case here, it can be seen that the term on the Clean and Tidy Ltd being liable to pay for the damaged is not visible. It is situated at the back of a slip of paper that Pc Ltd was given. Therefore PC Ltd is entitled to damages and the law should rule the case in favor of it. Thirdly, timing of the notice also matters. The major question here is was the notice given before or during the contract period? As for the case of Ramsgate Victoria Hotel Co., vs. Montefiore where an individual offered to purchase shares in a company by writing a letter on June 8 (Kelly Anne, 2002). The company released the shares on 23rd November. The individual refused the shares. The law held to that the offer lapsed as it was not accepted within a reasonable time. In our case here, it can be seen that Clean and Tidy Ltd did not give their terms on damaged computers to PC Ltd on time or within a reasonable time. It was after the damage of the computers that the term came to light. The slip of paper that the term was written was given to PC Ltd on the day that Clean and Tidy Ltd cleaned the computers. This was too late since it was long after the contract was signed. Also, in our case here, the Clean and Tidys term was written on a slip of paper. If the conditions are contained in a separate document that is delivered after the contract is complete, then the offeree is not bound by them. Such document is taken as a non-contractual document as it is not supposed to contain the conditions of the contract. According to R.S. Deboo vs. M. V. Hindlekar, it cannot be assumed that the printed conditions that are on any document attached to the actual contract (Gilles, 2004), may it be a receipt or a piece of paper, automatically become contractual terms or part of it. Take for example this case; a person hired a chair from the municipal council in order to sit on the beach. He paid the rent and was given a ticket which had a clause on an attached slip of paper at the back that exempted the council for any accident or damage arising from the hiire of chairs. The person sustained injuries as he was sitting on the chair after it broke down. He sued the coun cil for damages. The law ruled that the council was liable for the persons injuries since the clause on the attached slip of paper do not automatically become contractual terms. This is according to Chapleton v. Barry U.D.C (Gilles, 2004). The other essential thing is the reasonability of the term of contract (Kelly Anne, 2002). In our case here, it can be seen that the term stated that Clean and tidy Ltd will not be responsible for any injuries or damages howsoever caused. The term then continues to say that the company will however pay a certain amount per computer damaged if it is informed in advance that the item is particularly valuable. This does not make sense at all. It either you are eligible or not. The term also states that it will pay a certain amount for a computer that is damaged if they are informed in advance of its value. This is an offer and for an offer to be valid, it must be communicated in time. In this case, it was not communicated to PC ltd and they were not aware of it. As for the case of Felthouse vs. Bindley a supplier sent a draft agreement relating to the supply of coal and coke to the manager of a railway company for his acceptance. The manager wrote the word approved on the draft and put it in a drawer with an intention of sending it to the supplier for a formal contract to be drawn up. The draft remained in the drawer. In this case, there is no contract since the manager had not communicated his acceptance to the supplier. In our case here, it can be seen that PC Ltd did not accept or respond to the offer that Clean and Tidy gave since they were not aware of it. The offer was revealed after the damages of the computers and therefore the law should rule the case in favor of PC Ltd since they were not aware of the offer and they even did not respond to it. Conclusion PC Ltd was not bound to the term that Clean and Tidy ltd gave on the damaged computers. First of all, the term was written on a slip of paper. Secondly, it seems that PC Ltd was not aware of the terms since they demanded compensation immediately there were damages on their computers. Thirdly, the term, having an offer in it was not communicated to the offeree. It was also communicated to the offeree at a very late stage when the damages had already occurred. Though, Clean and Tidy could however not be liable to the damages since they requested a notification of the value of the computers before cleaning them otherwise they are liable for the damages and they should compensate PC Ltd for them. Buy custom The Contract Law essay

David Cole Interviews Dr. Franciszek Piper Essay

David Cole Interviews Dr. Franciszek Piper - Essay Example Piper says that the gas chamber in question was in fact modified, as it was a gas chamber but later turned into an air-raid shelter. This is the cause for the building of new walls, a new door and the removal of the holes in the ceiling. The question remains as to why these changes in the gas chamber are hidden from the public when in the past, this story was punishable and punished by the law. In the gas chambers of Auschwitz-Birkenau, there are little traces of Zyklon-B residues, which were found by two separate tests. Both found that only one gas chamber had traces of Zyklon-B gas, the delousing chamber that was off the charts, while the remainder of the chambers in question, which were the homicidal ones, did not. When Cole asked Dr. Piper about this, Dr. Piper claimed that the delousing chamber was used â€Å"day and night† whereas the homicidal chambers were used â€Å"20, 30 minutes a day.† claims were made that Zyklon-B was primarily used for disinfection, which is odd considering the desire of the Nazis that these encamped people be destroyed, their health status unimportant. Another story that is in question is the human soap question submitted by a sample of human soap by the Soviets during the Nuremberg trials. Dr. Piper still believes this story, although there is no proof to support it. David Cole has successfully proved that genuine artifacts have been reconstructed to appear real to unsuspecting visitors. This Soviet deception was propagandized because of the lack of trust and allied support of the Soviet Union with the other Allied Forces of the time. This propaganda on all sides was only able to become ‘truth’ because of the victory of the Allies over Nazi Germany.

Diagnosis And Treatment Of Melanoma Essay Example | Topics and Well Written Essays - 1500 words

Diagnosis And Treatment Of Melanoma - Essay Example Melanoma is extraordinarily dangerous, but if detected early, it is one of the most preventable forms of cancer (Ingraffea 35). As with many diseases, both environmental and hereditary factors have a profound effect upon the exhibition of melanoma. Until recently, it was assumed that overall exposure level to the sun and/or the number of severe sunburns that an individual received during their lifetime or the ultimate culprits to whether or not melanoma was exhibited. However, further analysis and discussion by researchers has revealed the fact that the overall number of sunburns and/or the overall amount of time of exposure that individual has a son is not necessarily a determining factor with respect to whether or not melanoma will be exhibited within the individual or not. As can readily be understood, genetic factors also play a powerful role in determining whether or not an individual will be particularly susceptible to this form of skin cancer. However, the genetic factors that contribute to the overall susceptibility and likelihood of developing melanoma at any one point in life are not the same as the genetic factors that contribute to issues such as heart disease, high blood pressure, or a litany of other health problems. What is meant by this is the fact that the genetic issues that contribute to the prevalence of melanoma within specific individuals are predicated upon the skin construction, hair color, eyes, and other unique genetic indicators? For instance, an individual that is born with a naturally darker complexion as compared to an individual that has blonde hair blue eyes and relatively pale or light skin is at a distinctly lower likelihood of developing melanoma within their lifetime (Gogas et al. 883). By means of comparison and contra st, an individual that has white features and relatively pale skin is at a much higher genetic risk of developing melanoma throughout their life.

Policy Paper Essay Example | Topics and Well Written Essays - 4750 words

Policy Paper - Essay Example United States is known for its long history of immigrations. For nearly a half a century, United States has experienced the largest and most sustained illegal immigration in the country’s history. While the illegal immigration phenomenon has constantly changed demographic landscape of the country, it has also generated a lot of debate as far as economic and social structure of United Sates is concerned. Of most concern is the large number of immigrants from the Latin America, which are largely unauthorized. The American public has been awaken to the reality that immigration from Latin American countries to the United States has moved to regions or states which, traditionally, had never experienced any of such phenomena before. The worry among the American public is compounded by the negative impact of such unauthorized immigration, which has subsequently changed the social fabric within the communities. While there is a general perception that illegal immigrants from Mexico have fuelled the dropdown of wages of the less educated Native Americans, some researchers disagrees. Those against this general perception state that this notion is wrongfully overstated, as many of the so called illegal immigrations offered cheaper labor to small businesses which led to their expansions. Significantly, this debate has motivated a beehive of research activities among scholars. Research attempts have been made to document how the immigration has affected the United States labor market in the last few decades. In line with these studies are the various policies that have been instituted and enforced in certain states. Some have caused controversy for the last three decades, igniting debates on their ramification on the general economy of the United States. Some of these policies are like enforcing barriers along the expanded border of United States and

Serving Justice in the Case of Billy Budd Essay Example for Free

Serving Justice in the Case of Billy Budd Essay From the case of Billy Budd, one must ponder about several important questions in regards to the power of the law and the extent to which it should be recognized. â€Å"Although Billy Budd killed Claggart unintentionally, he was aware that striking a superior officer was a serious offense, however, Claggart had provoked him by accusing him of organizing a mutiny† (Hunte). Thus, Billy Budd is described as the following, â€Å"His simple nature remained unsophisticated by those moral obliquities which are not in every case incompatible with that manufacturable thing known as respectability† (Melville). Perhaps Melville is emphasizing the point that Billy is some sort of special moral being, completely incapable of conceiving evil and bearing malice. Perchance, the case of Billy Budd should not be manipulated to fit the law; rather the law should be made to fit the case. In society, laws are made to serve justice and to protect individuals. Each case has unique circumstances and no one case is the same. Therefore, in order for justice to be served, the laws should be interpreted differently in each case. Captain Vere has illustrated his realization that this case has special circumstances, stating that â€Å"This case is an exceptional one† (Melville). Everyone on the Bellipotent knows Billy for his kindness; Billy even has attempted to befriend Claggart. By sentencing Billy to death, the Drumhead Court would eliminate a kind-spirited and hard-working man from the ship. Billy’s good heart and benevolent nature show that he is not likely to kill another man in the future, and killing him wont protect any individuals. Since a law is made for serving justice and protecting people, and sentencing Billy to death does neither. Furthermore, there are many things that make this case unique, and that need to be taken into consideration when devising Billy’s punishment. When considering this case, one must recognize that Billy Budd is crippled. It is true that he is not noticeably mentally or physically handicapped, but he does have a disability. In a situation where any other person would be able to speak up for himself, Billy was unable to. He has a condition that prevents him from verbalizing his thoughts when he feels very strongly about a certain topic or situation, which causes him to stutter. When Claggart accused Billy of conspiring with his fellow sailors, Billy could not verbally defend himself. As a result, he defended himself in the only way that he could, by striking Claggart across the head, causing his death. Because of his inability to protect his honor with words, Billys use of physical force was somewhat justified. Because every case is unique, and laws are made to properly serve justice leaving those responsible with clear consciences, they should not be made so strict that they do not allow for manipulation and mitigation depending on the situation at hand. Billy Budd’s case is unique for many reasons, including his own disability, and Billy’s lack of malicious intent. Through the eyes of an individual, Bill Budd can perhaps be viewed as innocent. Can one not support Bills actions of self defense? In order for justice be made, the case should shape the law and not the law mold the case as it happened in Billy Budd. Works Cited Billy Budd Morality and Ethics Quotes Page 1. shmoop. N.p., n.d. Web. 8 Feb. 2013. http://www.shmoop.com/billy-budd/morality-ethics-quotes.html. Erudite , Mann. Literature Criticism.Literary Works. N.p., n.d. Web. 8 Feb. 2013. http://www.mannmuseum.com/essay-serving-justice-in-the-case-of-billy-budd/ Hunte, Richard. West Port Wolf Pack .World Literature. N.p., n.d. Web. 7 Feb. 2013. www.marion.k12.fl.us/schools/wph/teacher Melville, Herman. Billy Budd. Raleigh, N.C.: Alex Catalogue, 199. Print.

Albert Camus The Stranger Essay -- Stranger

Albert Camus' The Stranger What if the past has no meaning and the only point in time of our life that really matters is that point which is happening at present. To make matters worse, when life is over, the existence is also over; the hope of some sort of salvation from a God is pointless. Albert Camus illustrates this exact view in The Stranger. Camus feels that one exists only in the world physically and therefore the presence or absence of meaning in one's life is alone revealed through that event which he or she is experiencing at a particular moment. These thoughts are presented through Meursault, a man devoid of concern for social conventions found in the world in which he lives, and who finds his life deprived of physical pleasure--which he deems quite important--when unexpectedly put in prison.   The opening line of the novel sets the tone for Meursault's dispassion towards most things. The novel is introduced with the words: "Maman died today. Or yesterday maybe, I don't know" (3). Although the uncertainty originates with an ambiguous telegram, it seems that the tone alone could justify changing the meaning of the words 'I don't know' to 'I don't care.' In a sense, in the days following, he only goes through the motions of the vigil and then the funeral; the only emotion he expresses is joy when his bus takes him home and he is able to sleep. At one point, he looks back at the events of the past few days, realizes that he has to go to work, and notes: "that, really, nothing had changed" (24). Despite these reactions, there is evidence that Meursault did indeed love his mother, observed both in his defensive argument at the 'old people's' home as to why she was put there in the first place and in his recollections... ...has no comprehension of the objects in its existence--as he is unconcerned with the objects in his own life and finds meaning only within himself. Meursault does not care for objects in his world. He does not see the importance of certain words whose definitions attempt to explain human relationships either amongst themselves or their emotions in general. He does not follow 'conventional' social beliefs nor does he believe in God, nor salvation. Meursault however loves his life. It is a pure love derived from enjoying his existence on a day-to-day basis, rarely looking back and never looking forward. His love is not dependent on doing what society or some religion has deemed correct, but on what he feels he wants to do despite what most would consider common. Work Cited Camus, Albert. The Stranger. Trans. Matthew Ward. New York: Vintage International, 1989.

Evita: Saint Or Sinner? :: essays research papers

Evita: Saint or Sinner?   Ã‚  Ã‚  Ã‚  Ã‚  The story of Eva Peron is a fascinating one . Evita, as she is known, enjoyed a rise to power like no other. The details of this ascension are often disputed, making Santa Evita's tale all the more intriguing. . .   Ã‚  Ã‚  Ã‚  Ã‚  Maria Eva Duarte was born on May 7, 1919,1 the fifth and youngest illegitimate child of Juan Duarte and his mistress, Juan Ibarguen. The week of her birth was known as Tragic Week, when the army massacred striking workers, perhaps a foreshadow of what was to come in her life.2   Ã‚  Ã‚  Ã‚  Ã‚  Eva spent her childhood in an adobe farmhouse, with farm animals and earthen floors. In the farming trade, Juan Duarte incurred many debts, eventually leaving him with nothing. Thus, early in her life, Eva learnt the humiliation of poverty.   Ã‚  Ã‚  Ã‚  Ã‚  The Duartes were further put down by the stiff Argentine caste system, which divided the poor from the wealthy. Being a bastard child, Eva and her four sisters were seen as 'brats,' and were stopped from associating with the other village children. Rejection, thrown upon young Eva through no fault of her own, would not be forgotten nor forgiven.3   Ã‚  Ã‚  Ã‚  Ã‚  At age fifteen, Eva Duarte set out to become a radio actress. She knew she could be like the women in the movie magazines she either stole or borrowed from her friends. Eva met singer Agustin Magaldi, and, packed her bags and sneaked out of her mother's boarding house to the city of Buenos Aires.   Ã‚  Ã‚  Ã‚  Ã‚  Once Eva learned the rules of the 'casting couch,' she dropped Magaldi and began her ascent to stardom. For years she wandered the streets, auditioned, and did whatever she had to do, no matter how distasteful. Eva gained modeling work and small parts in radio plays, frequenting nightclubs, and began to find better work.   Ã‚  Ã‚  Ã‚  Ã‚  After several jobs in theatres, she was interviewed by the magazine Sintonia. After Eva started an affair with the magazine's owner, he began to give her good exposure. This led to jobs in the film industry. Though she made several, she had no talent to be seen in any of her films.4   Ã‚  Ã‚  Ã‚  Ã‚  Eva's body was what sold her to the masses. She could have any man that she wanted, and soon set her sights on Colonel Juan Peron, who had political ruthlessness, a passion for younger women (especially good-looking actresses), and was a 48-year-old widower.5   Ã‚  Ã‚  Ã‚  Ã‚  On January 15, 1944, San Juan Argentina was hit by a terrible earthquake. A gala benefit show was held to support the relief effort, where Eva and Colonel Peron first met. They were seen leaving the gala together.