4 Step Process to Contract Law Essay

Question a) Step One The principle of law is that for a valid contract to be formed there must be an agreement reached by both parties. Step Two There are three main elements for the formation of a legally binding contract, intention, agreement and consideration. The requirement that requires discussion here is the existence of an agreement by the parties to enter into a legally binding contract. An agreement means a consensus on at least those essential terms needed for a workable transaction. The process of reaching an agreement is generally analysed as involving an offer and acceptance. Where the offer is a clear indication of the terms upon which a person is prepared to be bound, and an acceptance is assenting to, agreeing, or receiving the terms offered. See more: Basic Economic problem of Scarcity Essay The requirements of an ‘offer’ must be promissory, such as in Placer Development Ltd v Cth (1969) 121 CLR 353 where what the government had said was not a legally enforceable promise, but had appeared to be one. It must be sufficiently complete, and intended to result in a contract if accepted. The requirements of an ‘acceptance’ to exist must be in the same terms of the offer. It cannot still be subject to a condition, such as where it was clear that Cameron had not intended to be bound until a formal contract was prepared and signed, Masters v Cameron (1954) 91 CLR 353. An acceptance must be made while the offer is still in existence. It must be made by a person whom the offer was addressed. If the offer is intended to be made to any person that learns of it then any such person can accept the offer on the stated terms. Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256, where Carlill had read an advertisement offering a reward to anyone who caught influenza after buying the company’s smoke ball. Carlill bought the ball and caught influenza, since the offer was made to ‘the world at large’ it is capable to be accepted by anyone who learns of it, including Carlill. An acceptance must be made in acceptable form. In the case of emails, it is considered to have been received when it reaches an information system designated by the person to whom the email is addressed via s 13 electronic Transactions (Victoria) Act 2000 and equivalent legislation in other stated and territories. For the process of offer and acceptance to result in agreement, the terms of the offer must be accepted without suggesting changes. For example, in Olley v Marlborough Court Ltd (1949) 1 KB 532 Olley had her furs stolen in the hotel, and there was a notice in the room notifying that the hotel was not held accountable for stolen goods. This notice was not part of the agreement as it was not in the initial contract and therefore the hotel was made liable. Step Three The review of whether an agreement has been reached between both parties involves determining the requirements of an offer and acceptance have been met. Firstly, for an offer to exist, it must be intended to result in a contract is accepted. The advertisement made by Games Travel Ltd is not viewed as an offer by the courts because advertisements are not intended to signal a readiness to be bound, but rather an invitation asking customers to make an offer to buy. Secondly, for the requirements of an acceptance to exist, it must be in the same terms of the offer. If the advertisement were to be seen as an offer, the terms agreed on would be $1000 for the tickets and tickets to the finals in swimming, archery and gymnastics. Jon only authorized the payment of $1000 as the terms on the offer expressed. As the terms had changed after he had authorized payments, there were no tickets to the gymnastics, which made the offer invalid. Lastly, for the process of offer and acceptance to result in agreement, the terms of offer must be accepted without suggesting changes. The change from $1000 to $2000 breached this requirement. An attempt to accept an offer on different terms should have been constructed as a rejection of the original offer and the making of a counter-offer. Step Four Due to not meeting the requirements of an ‘offer’ through not being intended to result in a contract if accepted, and not meeting the requirements of an ‘acceptance’ by not being in the same terms of the offer, there is no legal binding agreement between both parties and Jon is not obliged to pay $2000 for the plane tickets as there is no authorization for $2000, rather $1000. Question b) Step One The area of law relevant to this question is the review of a contents of a contract enforced between two parties. Step Two There are particulars to a contract which structure its existence. This includes the importance of terms within the contract, the freedom of contract, statements that do not become part of contract, and terms of contract. Within a contract consideration must be made to the creation of the contract. The terms of the contract define the obligations of the parties. It is by analysing the terms that you can find out what has to be done to discharge those obligations. For example in Cehave NV v Bremer Handelsgesellschaft mbH [1976] QB 44; [1975] 3 All ER 739, the buyer Cehave did not want to accept the delivered goods because they were not in ‘good condition’ although they were in satisfactory condition to perform their purpose which was to be used as animal feed. Freedom of contract is the freedom of individuals to bargain among themselves the terms of their own contracts, without external interference. People can negotiate effectively in their own interest and both parties negotiate from a position of equal strength. Limits included on freedom of contract are illegal undertakings not enforceable, such as anything more than minimal regulations and taxes may be seen as infringements. Policy considerations may limit freedom of contract. There are certain statements that do not become part of the contract but are said in negotiations. This includes puffs, opinions and representations. Puffs are statements of exaggerated praise to excite buyers and encourage sales and are without any real or measurable substance. Opinions are statements of personal views or beliefs and should not be relied on as it may be incorrect. If a person misrepresents their true opinion, their statement is treated as a representation. Representations are statements often made to encourage the other party to enter the agreement, without intending that they be contractual promises. For example Oscar Chess Ltd v Williams [1957] 1 All ER 325, the car dealer sued Williams for breach of contract due to the car age document being false. The courts decided the document was a mere representation rather than a contractually binding promise. The terms of a contract describe the entire contents of a legally enforceable agreement. Terms are ‘express’ when they have actually been declared or definitely stated. There are disagreements over whether particular terms have been included in the contract or not. For example Causer v Browne [1952] VLR 1 the statement on the docket was not seen as contractual terms as it was only an identifying docket. A term may also be ‘implied’ into a contract when that term was intended to be part of the contract without being expressly stated or referred to. It can only be implied if it is obvious that the parties had intended to include the term as part of their agreement. Implied terms must be reasonable and fair, be capable of clear, unambiguous expression and it must not contradict any express terms. In Codelfa Construction v State Rail Authority of NSW (1982) 149 CLR 337 Codelfa tried to claim extra payment for the extra costs incurred due to stopping and starting work overnight. The courts rejected this as there was no such term implied that would see unforeseeable stoppage to work and compensation paid out. A breach of contract that causes loss gives rise to a claim for damages. If sufficiently serious, a breach may justify a claim to damages plus a refusal to accept performance. To evaluate the seriousness of a breach various terms are distinguished and some terms are described as ‘conditions’ and the others ‘warranties’. Conditions are terms of fundamental importance to the agreement, whereas warranties are terms of lesser importance than conditions. In a breach of condition an injured party can terminate contract and/or sue for the damages. Whilst in a breach of warranty the injured party can sue for damages. In Associated Newspapers Ltd v Banks (1951) 83 CLR 322 Bancks, the cartoonist had the right to terminate his contract as the promise to publish Blancks drawing’s on the front page of the comic section was a condition term. Step Three Identifying the content of the contract between Jon and Games Travel Pty Ltd shows that there are express terms that exist within the contract. For example, the two tickets for the price of one, and the tickets to the finals in the swimming, archery and gymnastics. These terms are contractual terms and must be carried out as specified by the agreement. The terms sought throughout the contract are categorised as warranties, as they are not terms of fundamental importance. Such terms are the swimming tickets, where Jon had received men’s event and not the women’s. Also, the ticket price was doubled when charged, the initial contract was $1000 which is a warranty term. Terms that are conditional are the actual flight to the Commonwealth Games in India. Breaches of Warranty terms such as the swimming ticket and $2000 charge would be a breach of contract. In such a case, the remedy available for breaching warranties are to claim for damages only. This would include $1000 which Jon was overcharged. Step Four In conclusion, through analysis of the contents of the contract a breach of warranty has arisen. The remedy of such can include a sue for damages incurred.

20 Big Fat Lies College Professors Tell Us

20 Big Fat Lies College Professors Tell Us Grab a tub of popcorn, sit back and relax because you’re about to go through the top 20 big fat lies that college professors tell their students in colleges from sea to shining sea. You’ll be hard pressed to think of any others. This list pretty much covers every base. Enjoy! 1. â€Å"You can’t wait until the night before the exam to study and hope to pass it.† Not true. There are many different little details and variables to consider here. It’s actually quite possible to procrastinate and still get good grades. 2. â€Å"I’ll have the tests/exams/homework graded and back to you by the end of the week.† Yeah right. Some professors are pretty good about this, while others aren’t because they’re so bogged down with classes. They’ve got hundreds of tests to grade and papers to inscribe in their ledger. Don’t count on it. 3. â€Å"What you’re learning in this class will prepare you for the real world.† Absolutely not true. That’s like saying that working out will prepare a gladiator for battle. Knowledge is helpful, but there’s a big difference between the classroom and the world off campus. 4. â€Å"If you fail 101, you should probably choose a different major.† Huh? If you have your heart set on a major but bomb 101 that just means you need to try harder. For example, just because a music student struggles with reading and writing music theory doesn’t mean they’re not gifted musicians. 5. â€Å"I take each one of your papers and read through them thoroughly.† Really? That is almost never true. There simply isn’t enough time. 6. â€Å"I can spot an A-student from a mile off.† Maybe they can and maybe they can’t. They’re likely just trying to come off as superior or trying to intimidate students to try and scare off the rabble. A-students are made, not born. 7. â€Å"I do give extensions and I consider exceptions to conventional rules.† If they need to announce this then there’s probably some strings attached. Extensions typically come with a certain type of price tag. 8. â€Å"This is a fabulous field to focus on, with plentiful employment opportunities.† With only a tiny few exceptions, a college degree in any major doesn’t mean a job at all. Period. You’re heading into the 21st century online globalized workforce. 9. â€Å"I’m not paid enough to be biased.† Everyone is biased, especially a professor. 10. â€Å"I care deeply about your success in this major.† How is it possible for a professor to care about hundreds of incoming and outgoing students year over year? Maybe if you establish a strong relationship with them, otherwise this is a stretch. 11. â€Å"This is by far the very best class I’ve ever taught.† How clichà ©. Unless you’re in a truly legendary class for some reason then what’s the point of that statement? 12. â€Å"Oh yes, I always knew I was going to become a college professor.† Could be true, but in most cases it’s not. Remember the old saying, â€Å"Those that can’t do, teach.† 13. â€Å"This is the first time I’ve had to do this but†¦Ã¢â‚¬  Teachers say this to their classes from 1st grade to graduate year Senior Seminar. 14. â€Å"Your final GPA will make a huge impact on the rest of your life.† Not true. The GPA is just a number and has no direct bearing on what you are or are not capable of accomplishing in life. 15. â€Å"I expect the best out of my students.† No, they probably don’t. The longer they’ve been teachers the less true this statement is likely to be. 16. â€Å"The tests aren’t what’s most important here.† At the end of the day that’s simply not true. Take away the need to pass tests and exams, and what’s left? 17. â€Å"I don’t accept excuses.† Maybe not excuses, but there are always extenuating circumstances that all professors must take into account. 18. â€Å"Oh sure, you can stop by my office anytime you need and my door’s always open.† This is so not true, especially if they teach a common elective course or core required course within a popular major. When they’re door is open there’s probably a line and someone already inside. 19. â€Å"If you show up to each lecture, you’ll pass my class.† This isn’t true. There’s a fair amount to be said with exposure, listening intently and taking notes but just showing up doesn’t guarantee anything. 20. â€Å"Just be honest, don’t write what you know I want to hear.† Don’t ever fall for this one. Aim to strike a balance between stretching your limits and the limits of the class/instructions, and being honest. What other lies have you heard from your professors? Share in comments!

Blaise Pascal

Blaise Pascal argues that there is a mathematical possibility that God exists. His argument is know as Pascals Wager, and he states that believing in God is sensible and rational even though there is no evidence or objective certainty to believe it. Simply put, he argues that you have more to gain from believing in God than you have to lose. According to Pascal there are essential benefits in believing in his existence. Yet the existence of God has been a question of controversy ever since people developed the capability of thought. Elliott Sober gives rise to several strong objections against Pascals argument, which should also be taken into consideration when regarding an argument for the existence of a God. This paper will argue for Pascals reason why you should believe that God exists. Pascal propositions for theism is what Sober calls a prudential reason. That is it is in your own self-interest that you believe in God, though there is no evidence to support that there is a God, because of the bad things that can happen to you if you do not believe. Pascal asks you only consider that there is the slightest possibility that God exists, so he can give you prudential reason for theism. People have to essential make a gamble when it comes to the belief in God. You can think of it along these lines. Even thought the probability that there is a God can be small but ends up being true, think of all the good things that you can gain from it; love, happiness, eternal life in heaven and so on. The amount of things that you can gain is a whole deal greater than the cost to you, such as going to church and praying regularly. If you do not believe in God, you may not have to go to c! hurch but you will not get to enjoy the priceless and infinite rewards that God offers. Sober makes two objections to Pascals Wager. First Sober brings forth the decision theory and states that belief is n

Los Angeles in the 30's & 40's versus today Essay

Los Angeles in the 30's & 40's versus today - Essay Example Although LAX is currently a world renowned airport, it wasn’t always the center of attention. Prior to its inception, the primary airports for Los Angeles were Burbank and Grand Central Airport in Glendale. It wasn’t until 1946 that they started serving LAX, because it was just too far out of the way. At that time, it was located east of Sepulveda Boulevard, which ended up being rerouted to the west to loop around the new runways that were created in 1950. Nowadays, LAX is considered one of the busiest airports in the world, with nearly 60 million passengers using the airport each year. They also have a dual function as a civil-military base, providing the U. S. Coast Guard an area to launch, operate and repair their HH-65 Dolphin helicopters. (Delta Mike Airfield, 2008). Although the birth of LAX is a notable part of history in L.A., it was only the beginning of many not-so-good firsts for the city. In 1934, Upton Sinclair decided to run for the governor’s seat of California. He was a famous writer and activist, but he was also a socialist who happened to be California’s first celebrity politician. It gave birth to smear politics on a grand scale. Sinclair easily gained the Democratic primary for governor, after which the L. A. Times criticized his â€Å"maggot-like horde† of supporters (Huffington Post, 2008), while others warned that if elected, the state would become communist. This realization ignited an all-out political revolution. With help from Hollywood and the papers, Sinclair’s opposition practically invented the modern media campaign. They made unparalleled use of mail, radio, film, fund raising and opinion polls to create the most astounding smear campaign ever seen. The best was the new ability to manipulate film, using fake newsreels with Hollywood actors to destroy Sinclair’s candidacy. The L.A. Times had attacked Sinclair unmercifully for weeks, which ultimately destroyed his chances. President Roosevelt couldn’t do anything to help him as he was barely into his New Deal and was struggling himself. He couldn’t endorse him, because he would be seen as endorsing socialism, but on the same token, if he didn’t endorse him, others would call him cowardly for not endorsing a candidate of his party. With FDR’s refusal to endorse him, and the fake newsreels hit the big screen, current Governor Merriam won his re-election. This was the precursor to a variety of things that we now have in use across the country. Sinclair is credited with helping with inspiration to many of FDR’s New Deal programs, including Social Security and certainly was the first victim of smear campaigning and dirty politics. Today, when we have any election forthcoming, all of the newspapers, radio stations and television stations carry smear ads, one party against the other to convince us that the skeletons in the other parties’ closets outweigh their own. It’s odd to think that this all started with a well-known author who wanted to run for Governor of California. His muckraking books got the best of him, as while he was for FDR’s New Deal, he also led a movement called EPIC (End Poverty in California), the platform on which he was running for Governor. This also helped to move the Democratic Party further to the left where they continue to be today. Most Californians have at

Umpqua Bank Essay Example | Topics and Well Written Essays - 500 words

Umpqua Bank - Essay Example From this paper it is clear that  the sort of culture, which Ray Davis has figured out how to make, is adapted towards serving the clients enough. At the point when the clients are fulfilled then this at last deciphers into included benefits. Through reliably conveying positive thinking in regards to future objectives, Ray Davis has figured out how to give inundate vitality to drive the bank forward.This discussion highlights that Umpqua's culture is the thing that makes it so joined with the groups in which the stores are found. They have held various occasions like setting up lemonade stands and dessert trucks all through neighborhoods, which group individuals adored. Clients are more than just clients. Umpqua partners are required to know clients by name and are relied upon to be dynamic individuals from the group. One staff part found that a client was being kicked out of their home, so she and her spouse bailed the client move out throughout the weekend. This is only one sampl e of Umpqua partners' commitment to helping clients with banking administrations, as well as of enhancing their experience of those administrations and the group's personal satisfaction.  Ray Davis welcomes any individual commitment made by the youngsters, therefore, empowering an intrinsic motivation of one's assignments to create. There are times when the officials needed to alter course in the usage methodology on the organization's vital arrangements.

How successful is the EU in providing a regional response to the Essay

How successful is the EU in providing a regional response to the problems arising from globalisation - Essay Example e the United States, Canada and Mexico share NAFTA, the North American Free-Trade Agreement, much of Western, Central, and now Eastern Europe subscribes to the tenants of economic and political integration through what is arguably one of the most potent transnational organizations in the world, the European Union. The EU today has more than two dozen members and is in the process of further expansion. Will Turkey one day join the European nation of families? Will Serbia, the largest state of the former Yugoslavia, regain the favor of Western Europe and one day become a full-fledged member of the European Union? To what extent has the European Union been successful in providing a regional response to the problems arising from globalization? Globalisation has provided increased political pressures for the EU to expand and this arguably is the major challenge that it has faced over the past 20 years (Fierke & Wiener, 1999, 44-46). Seeking to analyse the EU’s pressures to expand i n a globalised world, the following aims to address how the EU has responded in a holistic fashion to expansion in an era globalisation. Created following the tumultuous events of the Second World War, the European Economic Community was an important precursor for the establishment of the European Union. Accordingly, the European Union is an international organization which is estimated to generate 30% of the worlds total Gross Domestic Product (Almond et al, 2002, 100). As an economic powerhouse with significant stature on the global stage, the European Union is presently in the process of increasing its membership and aims for near total European integration in the political, judicial, economic and social spheres (Almond et al, 2002, 101). The evolution of the European Union has occurred in tandem with the globalisation of the world community and the EU has fundamentally changed in composition since its inception. Accordingly, since the fall of the Soviet Union in 1991, the EU has

iPhone 6 Essay Example for Free

iPhone 6 Essay Apple working on 4. 7-and-5. 7-inch iPhones for 2014 Reuters cites ‘four people with knowledge of the matter’ and as well as claiming the larger display models under consideration they also point to cheaper variants being considered too. Again, we have heard whispers of a budget iPhone for a very long time. Apple is said to be considering such products for the usually cited reason: Samsung. The report suggests Apple is starting to think it needs a broader product portfolio to compete with the Samsung. Apple’s thoughts on the subject are said to include the idea of introducing both 4. -inch and 5. 7-inch iPhone variants in 2014. Asian supply networks claim suppliers have been approached by Apple on the subject of larger smartphone display panels. At present, it’s quite normal to see any rumour surrounding Apple’s next iPhone to be pegged for both the iPhone 5S and the iPhone 6, such is the uncertainty. However, it’s also true that a few select rumours have been aimed at just the iPhone 6 specifically, particularly in cases which suggest the iPhone 6 will come on its own, later, and after a separate and distinct iPhone 5S launch. With the news that Apple is now actively looking into larger display sizes for its iPhone, T3 has created a rather awesome concept video detailing what the end result might look like. Featuring a 5. 7-inch 1080p display and Apple’s A7 chipset, the iPhone 6 concept is one of the best we’ve seen to-date. It also outlines many of the benefits – better gaming, video, and web browsing – that are associated with having a larger screen. The video concept compares the iPhone 6 to the iPhone 5, hinting at how Apple could modify the design of its existing handset to accommodate a larger 5. -inch display. The video even references Apple’s white-background video style in a bid to further suspend belief that what you’re looking at is indeed an official Apple product (FYI – this is definitely not an official Apple video). Whether we’ll one day see an iPhone of this size remains to be seen – 5. 7-inches does seem like quite a jump from the 4-inch iPhone 5. That said, Apple is rumoured to be in talks about producing a suitably larger iPhone for release sometime in 2014. Reuters says this handset will be the iPhone 6. Apple’s next flagship, the iPhone S, is expected to carry much the same design as 2012’s iPhone 5. It’ll keep the same 4-inch display and premium chassis but see some of the internal specs and hardware updated. iPhone 6 Hardware The most recent, and arguably most prominent rumour surrounding the iPhone 6 points to the idea that it’ll feature a next-gen Apple A7 processor, which may or may not, be a quad-core model. The story goes that Apple is soon to begin work on the 20 nanometre A7 chip with the help of TSMC, but that it won’t be ready for production until the first quarter of 2014. In the meantime we’ll be treated to an iPhone 5S on an A6 chip, or possibly an A6X. This does sit with some rumours which say the iPhone 5S will land in June or July, though equally similar rumours claim the model which arrives this summer will be the iPhone 6, which in turn would imply it’ll be the one toting the A6 or A6x chip. Other reports say Apple has been in talks with Intel over a possible manufacturing deal. It’s not clear whether Intel would simply fabricate Apple’s ARM-based designs or if it would create a completely new Intel-based chipset for the iPhone 6. Apple’s iPhone 6 was also name-dropped in reports about next-generation hardware carrying new 5G Wi-Fi and Bluetooth chips, suggesting it’ll hook up to nearby routers and remote devices at much faster speeds. It’s expected the iPhone 6 would have the same storage options as its predecessors – 16GB, 32GB or 64GB with no microSD slot. Could we see a 128GB version, too? Maybe although very little has been said about this aspect so far. A camera upgrade is possible and we could see a 13-megapixel sensor, although there’s some suggestion Apple will stick to 8-megapixels and simply improve the aperture, sensor array and capture features. Allegedly Apple has scheduled to have components for the next iPhone shipped by the end of May in order to hit the Q3 target. It will apparently have an improved processor, which could be the A6X chip found in the iPad 4. The camera will also be updated to a higher megapixel rating, presumably 13-megapixels. The latest rumour suggests a 16-megapixel sensor though.