Essay on Contracts Example | Topics and Well Written Essays - 1000 words

On Contracts - Essay Example A valid offer may thus be made orally, in writing or by conduct. In the scenario, a question arises on when a valid offer was made by either party. Was it made by the brochure advertising the vehicle and its price? Or was it made by peter when he wrote to the sales company reserving a new Vectra 2.0i, Corsican Blue, for the price of ?15,749? An offer must be distinguished from an invitation to treat. An invitation to treat is generally a negotiation on in which a seller of a commodity gives the price of the commodity, not as offer that is capable of acceptance by the buyer, but rather as an invitation to conduct further negotiations on the price of the commodity. This means that if a seller of a commodity posts the price of a given commodity on the commodity itself, newspaper, brochure, or on a shelf, this amounts to an invitation to treat rather than a valid offer capable of acceptance by the buyer when he/she presents the item to the seller2. In the case of Pharmaceutical Society o f Great Britain v. Boots Cash Chemists3 the court considered the question whether the price of the goods displayed in a chemist amounted to an offer made to the buyer upon which he accepts when he picks the goods from the shelves and put them in a shopping basket. The court held that if that was the case, a customer who picks the goods from the shelves cannot be able to return them. Instead the goods on the shelves were merely invitation to treat, and the sale agreement was complete upon the cashier accepting payment for the goods. The same rule applies in regard to advertisements, which are generally interpreted by the courts to be merely invitations to treat. In the case of Partridge v. Crittenden4 the defendant had placed advertisements on the classified section of magazines advertising the sale of bramble finches, whose sale had been prohibited by Section 6 of the Protection of Birds Act. He was found guilty under the Act and so he appealed the decision of the trial court. The A ppellate court, in quashing the appellant’s sentence, held that the advertisements were merely invitations to treat as opposed to an offer. This view was upheld by the court in Fisher v. Bell5 where the court held that the display of a flick knife in the display of a shop was merely an advertisement of the good, and thus an invitation to treat. From the foregoing, the brochure obtained by peter containing the car’s description and price was merely a form of advertisement for the car. It did not amount to an offer in any way, but was merely an invitation to treat for the company’s customers. However, there was a valid offer from Peter to the company’s sales department through his written letter to the company indicating his willingness to purchase a Corsican blue Vectra 2.0i vehicle. It is a universally accepted principle of law that acceptance must coincide fully with the terms of an offer. This means that if new terms are introduced to the contract, or r ather if new terms are purported to be introduced, acceptance of such new terms will be considered as a counter offer which results in the rejection of the offer. In the case of Hyde v Wrench6 the plaintiff offered the respondent to him his land for $1000 and he refused. In his reply, he stated that he would pay $950 and the respondent refused. The plaintiff later wrote to the respondent accepting to pay the initial sum but the respondent re

Uncle Tom's Cabin Essay Example | Topics and Well Written Essays - 250 words

Uncle Tom's Cabin - Essay Example The novel depicts the harsh reality of slavery while also showing that Christian love and faith can overcome even something as evil as enslavement of fellow human beings. The character Uncle Tom-African American maintains his integrity and refuses to betray his fellow slaves at the cost of his life. His firm Christian principles in the face of brutality made him a hero to whites. To the contrast his tormentor; Simon legree, the Northern slave-dealer turned plantation owner, enraged them with his cruelty. The enactment of emancipation proclamation in January 1863 capped two years of increasing support for emancipation in New York City. Although republicans attempted to keep abolitionist from taking a leading role in New York’s anti-slavery politics, by 1862 abolitionist speakers drew huge crowds, black and white in the city. Increasing support for the abolitionist, and emancipation led to anxiety among New York’s pro-slavery white supporters of the Democratic Party, particularly the Irish. From the time of Lincoln’s election in 1860, the Democratic Party had warned the New York’s Irish and Germany residents to prepare for the emancipation of slaves and the resultant labor competition when Southern Black would supposedly flee

Kinesiological analysis assessment Coursework Example | Topics and Well Written Essays - 1000 words

Kinesiological analysis assessment - Coursework Example In most of the occasions, the athletes perform a counter movement jump. They start from an upright position, make a downward movement by flexing at the knees and hips then extend the knees and hips again to drop vertically on the ground as shown in figure 1a. Such actions make the muscles be pre-stretched before shortening in the desired direction. A male group two member performed squat jumps and countermovement jumps. He played without arm movement on a force platform. The vertical position of the subjects center of mass can now be obtained using free flight equation. From the observation made during the vertical countermovement jumps, the subject had a maximum take-off range at which the knees get flexed to around ninety degrees. For the squat jump, there was no clear optimum take-off as shown in figure 1. The figure illustrates the kind of motions that occur in countermovement jump and squat jump. In a countermovement, the jumper commences from an upright standing posture, makes downward movement just by flexing at the hips and knees and vigorously extends the knees and hips to jump vertically off the ground. It is like other movements like running, other types of jumps and throwing where the required motion starts by movement in the opposite direction thus making the muscles be pre-stretched before turning in the required direction. Pre-stretching further enhances the work output and the force production of the muscles in the movement flow (Hanson, 2005). In a squat jump, the movement begins from a stationary semi hunched posture then vigorously extends the hips and knees to climb vertically from the ground as shown in figure (1b). In this case, no preliminary downward phase is employed, therefore, no pre-stretching of the muscles. This kind of jump was observed to be highly artificial kind of movement that is rare during practice. Most people prefer countermovement form of climbing because it appears natural and a real number can drop

Ma Case Study Example | Topics and Well Written Essays - 2000 words - 1

Ma - Case Study Example Evidence of the controlling function lies in the decision to keep production in France, where they were more satisfied with quality control. By advising their employees on the product’s requirements, they employees are measured by how well they stick to the requirements. For a while, Luis Vuitton has focused on its popularity in Japan, which accounts for approximately 55% of its global sales annually (Bloomberg Businessweek Magazine 1). Luis Vuitton also focuses on the women’s demographic with their handbags and female shoes lines. Luis Vuitton also targets middle-aged men with their line of Vuitton eyeglass cases, wallets and briefcases. Additionally, Luis Vuitton has been attempting to woo younger clients while retaining their older client base. The company has cultivated a brand loyalty within the Japanese market through a staff that comprises of Japanese locals, and thus, increasing access to this lucrative market. As proof of this, almost all grown-up Japanese women possess at least one Luis Vuitton item. Luis Vuitton has a monolithic workforce that has little cultural integration. As gleaned from the article, Luis Vuitton decided to keep its major factories in France and employ locals, who cost more because the quality control in France was higher (Bloomberg Businessweek Magazine 1). Additionally, their Japanese operations were also staffed with locals in order to tap into what their Japanese customers need. Luis Vuitton’s management inspires a shared vision among its employees. The company management encourages its employees to suggest improvements to its manufacturing designs and briefs them on the product details, for example, the product’s retail price, as well as how well the product is selling (Bloomberg Businessweek Magazine 1). The management also enables others to work, in this case, its employees as evidenced by the workers who

Case Study( Paramedics assessment) Essay Example | Topics and Well Written Essays - 2500 words

Case Study( Paramedics assessment) - Essay Example However, it should be realized that this is not the sole cause of chest pain, and that it may be due to â€Å"classical angina† (Devonshire Lodge Practice, 2011) whose symptoms generally appear during, or immediately after exercise and subside after resting. However, it must also be said that where someone complains of â€Å"discomfort across the center of the chest coming on during exercise that stops on rest and then GTN [glycerine trinitride] tablets relieve the pain within 5 minutes he/she is going to have ischemic heart disease almost without doubt† (Devonshire Lodge Practice, 2011). ... It is hoped that the task will be made easier by paramedic assessment, which should be thorough enough to eliminate many uncertainiies. That is why a systematic stepwise series of protocols such as those advocated by Domanovits et al. (2002) and Anderson (2002) is essential. 2. Case History of paramedic’s assessment of ischemic chest pain Complete History & Assessment of Patient Presenting Complaint Chest Pain Allergies None Communicable Diseases None PHx- Past History O/A – On Arrival O/E – On Examination Med’n- Medication Patient’s Name: William Templeton: Age 57 Address: 12 Andover Terrace, STAINES Bucks. SL4 3TR O/A - Emergency services called by patient’s family at 0956 hrs, arrived at patient’s home 1015 hrs..William, a white male, complained of severe chest pain, breathlessness, nausea and dizziness. He also appeared pale and slightly sweaty. PHx – Patient was normally in good health, a non-smoker, moderate drinker and at e healthy meals at home. He also took regular exercise. His grandfather had been gassed in WWI and his grandmother had suffered intermittent asthma attacks in her later years. As to childhood illnesses, William reported German measles, two bouts of chicken pox, and tuberculosis at the age of 6, which had affected stomach and neck glands and also the lungs. Chicken pox and TB raised alarm signals since the former could have returned as shingles (pain comes some time before the rash, and lung damage may have contributed to ischemic heart disease. O/E – The assessment procedures followed the guidelines established by the York Region Base Hospital Program (Anderson, 2002). For clarity and consistency during patient questioning the following mnemonic

Analysis Essay Example | Topics and Well Written Essays - 500 words - 3

Analysis - Essay Example ts by exhorting the people to alter, to abolish, and to institute a new government when it comes the time when the declaration is already destructive with respect to the rights. Same principles must also apply to uphold the same qualities of Life, Liberty and the Pursuit of Happiness, should there be an alteration of the state’s constitution. The people were also encouraged to look at the declaration as eternal and not fleeting. But, it emphasized the rights of the people to throw off the government if it continually claims constitutionality under shadows of usurpation and abuses. One is really amazed at the constitution’s gist of solid principles. And, if historians are to digest the declaration, there are many things to learn upon the classic example of the America’s Declaration of Independence. Democracy is not only a nomenclature for the kind of government, but also a state or quality of the governanment with life, liberty and pursuit of happiness in the end. It attempts to liberate the people. It attempts to establish the people as partners of the bureaucracy. And, it looks at people as highly-minded constituents, and as collaborators as well. It is learned that the true intentions of the framers of the constitution is to do good for the people and for the people in the next generations; that all people should be guaranteed with the same inalienable rights. It also intends to protect the people against abuses and usurpations. It will always be remembered that the framers had sincerely put in place the safeguards for the people. And, the people should be put away from harm. Lastly, it is comforting to note that the Americans can overcome challenges if it will be united as one. And the global community can take it as a catalyst to provide better lives for the entire

Why being on time is important Essay Example for Free

Why being on time is important Essay Being on time is one of the most basic, yet most important things about what we do, as Marines, and Military Policemen. Most Marines understand this concept and are able to comply willfully and promptly due to the extent they have been taught regarding the importance of being on time and the punishment that can follow a more than tardy arrival. Tardiness in the workplace is a correctable issue and majority of the time is nothing more than a seldom occurrence. Some particular occasions however, become more than just the scarce problem that it should be. When this becomes less than an uncommon problem, people begin to take notice. The most important part of any occupation is reliability. People need to be able to view you as more than a mediocre character that stumbles to work subsequently behind every other co-worker. they need to see you as a person that they can entrust their life to, whether that situation arises or not. They need to regard you as a trustworthy, well put together person; a well put together Marine. The Marines is not a place for play. It is not. It is a place for america’s men and women alike to join together and construct an unstoppable effort for the good of this country and a harsh unforgiving authority for our enemies. When a Marine looks in the mirror, that is exactly what they should gaze upon; A Marine. Arriving late, last minute, or unprepared are not attributes that compose a Marine. Being early, well prepared, and enthusiastic to initiate the day are qualities a Marine should have. Not having these aspects can account for many consequences, and whom is ultimately accountable for ones own behavior? It’s not your command who tells you that you are at fault, it’s you. All Marines being on time, as opposed to a belated appearance, is great for unit moral as well. it helps the unit work together due to the fact that everyone feels like they are putting forth an equal, and combined effort towards their common objective. A unit with 1 or more Marines battling an issue with tardiness is likely to have a lessened performance when being  exposed to that Marine, or Marines. The concept will spread; if that marine can be late every day, so can I. This type of ideology can take a drastic toll on the total effectiveness of the unit and cannot be tolerated. The productivity of any given unit with problem Marines, can and will immensely decrease causing Marines and co-workers alike, to be less encouraged to do their job to the best of their abilities. And instead, master the art of just getting by. This is why remaining on schedule is one of the most important parts of your daily routine. And if you are reading this and feel like everything written here doesn’t really apply to you, then I suppose you dont have much to worry about.