The different elements of a contract - Free Essay Example

Sample details Pages: 4 Words: 1221 Downloads: 7 Date added: 2017/06/26 Category Business Essay Type Case study Level High school Did you like this example? Mission Statement: Our mission is to take a genuine interest in our clients, understand their objectives, and meet or exceed their expectations. Keyz Law Firm is a business consulting firm within Jamaica. This firm was founded by Tauna-Shay Palmer and Jon-Ross Kelly in 1997. Don’t waste time! Our writers will create an original "The different elements of a contract" essay for you Create order This establishment is located in New Kingston. The location is very good for business because there are a lot of small business within that area. Keyz Law Firm is a firm which was developed to help small businesses with their problems and to help them to develop effective plans to meet their goals. This firm targets small businesses because research shows that they face more struggles in their day to day business operations than large businesses. Cake It Away Mission Statement: to provide a product of the greatest possiblevalue to our customers, thereby gaining and holding their respect and loyalty while achieving sufficient profit to finance our company and its growth. Cake It Away is a well-established cake shop that is located in Half-Way-Tree downstairs the Transport Centre. This business is a sole proprietorship owned by Andrew Tai and has been operating for six (6) years. A wide variety of specialty cakes are offered at premium prices. Cake It Away specializes in visua lly creative and attractive cakes. An option for custom made cakes is also available as well as delivery services as a means of giving consumers exactly what they want. This business targets events such as birthday parties, weddings and bachelorette parties. Service is available 24 hours each day. However, the owner of Cake It Away has limited business law knowledge and is not sure of the different steps he can take when he is faced with different contractual situations/ Objectives To explain the importance of the elements required for the formation of a valid contract. To discuss the impact of different types of contracts. To evaluate the effect of different terms in given contracts To apply the elements of the tort of negligence and defenses in different business situations. Literature Review According to Koffman, Macdonald (2010), a contract is a legally enforceable agreement giving rise to obligations for the parties involved. The laws contract determines which agreements are enforceable and regulates those agreements, providing remedies if contractual obligations (undertakings or promises) are broken. In line with Small Business Development Corporation (2013), there are four (4) essential elements of a contract. They are: Offer- there must be a definite, clearly stated offer to do something. Acceptance- only what is offered can be accepted. This means that the offer must be accepted exactly as offered without conditions. If any new terms are suggested this is regarded as a counter offer which may be accepted or rejected. Acceptance can be given verbally, in writing, or inferred by action which clearly indicates acceptance. Consideration- in order for a contract to be binding, it must be supported by valuable consideration. That is to say, one party, promises to do something in return for a promise from the other party to provide a benefit of value (the consideration). Consideration is what each party gives to the other party as the agreed price for the otherà ¢Ã¢â€š ¬Ã¢â€ž ¢s promises. Intention to create legal relations- a contract requires that the parties intend to enter into a legally binding agreement. That is, the parties entering into the contract must intend to create legal relations and must understand that the agreement can be enforced by law. If the parties to a contract decide not to be legally bound this must be clearly stated in the contract for it not to be legally enforceable. In keeping with Wiilliam Markham (2002), the importance of having a contract is to make the agreements between the parties enforceable, which usually means that it allows one party to a contract to obtain monetary damages from the other party upon showing that the latter stands in breach. There are several types of contracts but however only 4 types will be explained. They are Express Contracts, Implied Contracts, Executed Contracts, and Executory Contracts. According to Farlex (2014) In an express contract, the parties state the terms, either orally or in writing, at the time of its formation. There is a definite written or oral offer that is accepted by the offeree (i.e., the person to whom the offer is made) in a manner that explicitly demonstrates consent to its terms. In keeping with Law Exams (2005) An implied contract can either be implied in fact or implied in law . A contract which is implied in fact is one in which the circumstances imply that parties have reached an a greement even though they have not done so expressly. For example, by going to a doctor for a physical, a patient agrees that he will pay a fair price for the service. If he refuses to pay after being examined, he has breached a contract implied in fact. Goldman and Sigismond (2013) an Executory contract is one that is not fully performed by one or all of the parties while an Executed contract refers to a contract in which all the parties have completely carried out their parts of the contract. Contracts may be brought to an end: Your approval then go to contact your friends  and receive financial struggles. Everyone has made it typically a traditional job in business cash  law you clearly understand this. (a) By performance of the parties i.e. each party completing his obligations as stipulated by the contract. (b) By frustration i.e. an event through no fault of the parties that make one party unable to perform the contract. For example: if one party suffers a prolonged illness which makes him unable to perform the contract. (c) By lapse of time i.e. if the time limit set for the contract to be executed by both parties has been passed. For example, sellers of real estate usually require that the buyers pay the full balance on the property within a certain time period after the initial down payment has been made. (d) By the mutual agreement of all parties. (e)If one of the parties become bankrupt after the contract has been signed. (f) By changes in law i.e. where a legal contract is rendered illegal through changes in law. (g) By notice e.g. some firms require that employees give at least one month notice when resigning their positions. (h) If one party dies. (i) By breach of contract-When one party defaults on his part of the agreement i.e. he does not perform his part of the contract. Methodology In gathering information for this research only secondary sources were used. The secondary sources used were books and severa l websites. The researcher found the information found on the internet more useful because different situations were shared in which the different contracts are to be used and the different damages than can be claimed for in the event of a breach. References Koffman, Macdonald , L.K, E.M, 2010. The Law of Contract. 5th ed. New York: Oxford University Press. Small Business Corporations. 2013. Four Essential Elements of a Contract. William Markham. 2002. The Extraordinary Importance of Contract Law. [ONLINE] Available at: https://www.markhamlawfirm.com/law-articles/contract-lawyer-san-diego/ The Free Dictionary by Farlex. 2014. Types of Contracts. [ONLINE] Available at: https://legal-dictionary.thefreedictionary.com/Types+of+Contracts. LawExams.com. 2012. Express and Implied Contracts. [ONLINE] Available at: https://lawexamm3es.com/implied-contracts.

Critical analysis on A good man is hard to find Essay

Religious Symbolism in â€Å"A Good Man Is Hard To Find† This paper will present a rhetorical context for the use of violence in the short story, â€Å"A Good Man Is Hard to Find,† as she presented in her essay â€Å"The Element of Suspense.† The form of classical tragedy in this story will also be analyzed from the critical theories of Aristotle and Longinus. Tolstoy will be used to examine the use Christian symbolism. Nietzsche will provide a more well-rounded universal conclusion to the uses of tragedy and spiritual elements in this classic story. Flannery O’Connor gave a talk about â€Å"A Good Man Is Hard to Find† in 1963 at Hollins College, Virginia, which was published as the essay, â€Å"The Element of Suspense In ‘A Good Man Is Hard to Find.’† In this†¦show more content†¦Ã¢â‚¬Å"Writing Short Stories,† an essay summarizing O’Connor’s concepts of the elements of good fiction, was a lecture she gave to a group of creative writing students in 1961. 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The use of foreshadowing conformed to Aristotle’s concept of magnitude. He believed that â€Å"beauty is determined by magnitude and order† (Aristotle 47). The epigraph at the beginning of the story described travelers who must â€Å"pass by the dragon† on their journey to the â€Å"Father of Souls† (quot;Good Manquot; 593). The epigraph set the stage for the family’s trip and their encounter with danger. TheShow MoreRelatedCritical Analysis Of A Good Man Is Hard To Find1781 Words   |  8 Pagesbetween how O Connor is often read and how she claimed she should be read cannot simply be explained by her theology of grace or by the lack of religious feeling among readers. Critical opinion over the years has tended to line up behind O Connor s own explanations; however, O Connor s analysis of A Good Man Is Hard to Find still seems baffling and occasionally a critic has questioned the theology of the fiction. 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The Bielski Brothers in Belarus A Story of Survival,...

â€Å"The Bielski Brothers† is a story of three amazing brothers, their journey of survival and experience they faced in World War II. Peter Duffy places this extraordinary story of survival in context by describing the Bielskis lives and experiences , quoting from Tuvia Bielskis previously unknown journal, and revealing the sociopolitical history, including the anti-Semitism of Belarus, a region the Bielski Brother’s had grown up in. WWII was one of the most unforgettable events in history, an event that has changed the world drastically, and an event that inspired the Bielski Brothers to act upon and try to make a difference in their Jewish community, a change that could have cost their lives. It’s the true story of three men who defied†¦show more content†¦(Bielski Brothers)The book states and lets us know that a strict quota system limited the entry of most Jews into Polish universities, craftsmen were forced to pass a discriminatory Polish  œlanguage test. Just as in Botwinick she mentions â€Å"that the advocates claimed that Jews are forever aliens who cannot share the national ethos; differences prevented Jews from assimilating with the superior cultures of the host countries (Bowinick).Anti-Semitism in Germany was introduced by Wilhelm Marr, the hatred of Jews was at the core of Hitler’s obsession, the claim that Jews were the bearers of a genetic flaw enabled the Nazis to rationalize their nearly successful genocide. Duff also brings up the subject of Zionism in his book; a movement that increasingly influenced the Jewish advocates â€Å"the new government’s tolerance of Jewish expression was a boon to Zionism, the increasingly influential movement that advocated Jewish return to the Land of Israel† (Bielski Brothers). Zionism was very important in the Jewish culture it was a struggle to create a national homeland for the Jews. Political Zionism, which is the organized effort to bring about national Jewish state, evolved from the confluence of several historic streams. It was always important for the Jewish community to be recognized and that recognition dates all the ways back to the 1920’s. Jewish people have struggled enormously to receive their own piece of land, which in the end

Socio-Cultural Dimension at Workplace

Question: Discuss about theSocio-Cultural Dimension at Workplace. Answer: Introduction With increasing population and modern outlook of people, the society is facing numerous dilemma and issues related to several social and political aspects. As commented by Bowler et al. (2012), these issues are handled ethically through autonomy, distributive justice and responsibility. It is the responsibility of society to conserve the environment properly after its massive usage due to industrialization and modernization. As the organizations are utilizing the maximum benefit of the renewable and non-renewable sources of energy, it is their responsibility to make the best use of it and conserve it for future use. According to Chapin et al. (2013), conservation of environment refers to protection of land, water, soil and forests in an integrated and planned way. A framework is needed to be developed for addressing landscape, global dimensions as well as eco-system for the present and future benefit of the environment. There are several aspects of socio-political issues such as cons ervation of the environment, reformation of guns and same-sex marriage. In this context, ethical approach and discussions will be done on basis of organizations approach and advancement towards environmental conservation across the globe. In this contemporary society, one of the major socio-political issues that have recently arisen is the extent of environmental conservation approaches taken by several organizations operating across the world. As opined by Finger Princen (2013), protection of environment is a practice of safeguarding and protecting natural environment, its wildlife and humans along with maintaining an ecological balance in this bio-diverse environment. With the rising population, the level of food consumption and usage of non-renewable and renewable resources are increasing. Moreover, technological advancement and industrializing are also increasing rapidly to cater the rising demand for food and basic necessities of people. Hence, industrial countries are engaging in several environmental agreements for keeping balance between ecology and their usage. Chasek, Downie Brown (2013) had an opinion that several practices are involved that ensure development of policies for sustainable usage and conserv ation of land. It also ensures strengthening of several institutions as well as coordinating mechanisms to encourage environmental conservation to the maximum extent. Strong environmental conservation laws need to be set up and make all the international, national and state organizations to strictly adhere to its policies, rules and regulations. These laws also extend their regulations against soil, water or air pollution and even to global warming and depletion of non-renewable resources (Conca Dabelko, 2014). Ghai Vivian, (2014) suggested that it is our Earth and hence we should ensure its protection and safety. Since, we are utilizing the maximum resources of the Earth for meeting our own demands, respect should be given to nature along with conservation of the same. As per environmental laws, several methods are to be adopted that helps in strong conservation of environment. One of the methods of conservation of environment is adoption of green practices to reduce carbon footprint. In this method, organizations adopt environmental conscious operations and practices in the workflow that reduces global warming and take a strong step towards sustainability. It can be done through less printing that leads to less paper usage. O'riordan (2014) had a proposal that organizations need to go digital to prevent paper wastage in the workplace. Moreover, when the electrical equipment are not in usage, it is the responsibility of all the human beings irrespective of workplace or home, should unplug the appliances to conserve energy. Along with this, organizations should emphasize on recycling process where waste materials are recycled and given a new shape and form for future usage. It, therefore, makes the maximum utilization of waste materials and hence reduces the wastage of it. Even more, the organizations can also build green offices from recycled and renewable materials and use certain sustainable fabrics like bamboo or hemp for its window making and floor-up (Mannion, 2014). These ethical approaches embraced by the organizations will definitely help in conservation of environment. As mentioned by Sullivan (2013), another method of conservation of environment is tough embracing as well as promoting alternative and renewable sources of energy. It will definitely help in sustainable living as well as conservation of non-renewable resources. Solar, wind and tidal energies are the renewable sources that can be used to the maximum extent in generating electricity for all purpose activities at home or in industries. It is subsequently better than utilization of fossil fuels, which is a non-renewable energy and once depleted cannot be replenished. This ethical and moralistic behavior of the organizations towards conservation of resources is another justified way of social changes. Susskind Ali (2014) commented that it is the responsibility of all the industries across the world to protect every single element of the environment. The organizations should involve in CSR (Corporate Social Responsibility) activities to ensure more plantation of trees, conservation of soi l erosion and low level of wastage disposal to water bodies. It, therefore, helps in protecting the human and other organizations from excess heating up and ill-effects of global warming. The conservation of soil helps in retaining the nutrients beneath it that leads to production of good quality crops and supply of oxygen to environment (Pearce, 2014). Sutherland et al. (2015) stated that all the organizations should conduct training sessions at workplace for educating the employees in pursuing several practice habits for environmental conservation. With the increase in purchase of vehicles, the fuels like petrol, gasoline and diesel are mostly used. Their combustion produces the emission of harmful gasses like carbon dioxide, carbon monoxide and other greenhouse gasses that pollute air. So, employees are taught that while they go out for any purpose, they should either walk down to the place or take any public transport. It will definitely help them in saving their money and will also add less pollution to environment. According to Tscharntke et al. (2012), people are also taught about less usage of chemicals and artificial pesticides for growing plants. Nowadays, organic growing of plants is more emphasized by the global environmental conservation bureaucratic bodies. It will help in conservation and preservation of soil nutrient s and will make our food products less toxic in nature. In addition to this, there are several other ethical ways of conservation of energy and less input of pollutants into the environment. Van Vliet et al. (2012) also commented if people quit smoking, then it will definitely help in improving their lungs health as well as add low level of air pollution. Moreover, people can adopt a habit of washing clothes after the laundry bag is entirely full. It will reduce less usage of water and will also lead to less utilization of synthetic shops for washing. Plastic bottles and plastic bags should be entirely banned across the world. It is due to the fact that it causes clogging of water as well as prevents oxygen to reach the surface of water bodies leading to death of several equal specifies. It, therefore, misbalances the ecological balance of the world that may lead to serious problems in the Earth. So, Tyberghein et al. (2012) mentioned that ethical steps need to be adopted for conservation of energy. Strict rules and regulations are to be established in several organizations across the world to prevent plastic manufacturing and usage of the same for any purpose. Organizations should be bound to sign up such petitions of environmental conservation as well as promotion of the same. Even more, the organizations should adhere to international rules, standards and regulates pertaining to environmental conservations (Whalley, 2016). Chasek, Downie Brown (2013) stated that the different Environmental Laws and Rules are constituted by the several global environment conservation organizations to make the other industries to adhere to its rules and regulations. The Environmental Protection Act and Rules are laid down to control and treatment of hazardous elements into the environment. These laws also have set standards that to permit emission and discharge of several poisonous environmental pollutants. Moreover, about these laws and ethical standards, organizations are also not liable to throw out any solid wastes into the environment without treating it (Finger Princen, 2013). In this entire essay, one of the socio-political issues like environmental conservation is thoroughly discussed. It explains several harmful impacts of non-conservation of the environment. It is seen that depletion of renewable energy may adversely affect the industrialization and modernization of the societies. Moreover, it is clearly depicted that environmental conservation leads to conservation of soil, water, forests and land. As we are benefited from Mother Earth through these natural resources, it is our duty and responsibility to preserve and conserve it rather than misusing it. Moreover, in this context, several ethical methods of conservation of environment are also discussed. Misuse of electricity, non-usage of plastic materials, encouraging organic growth, embracing alternative methods of energy sources, quitting smoking and making the organization digital are some steps towards preserving environmental resources. Along with this, the CSR activities adopted by the organiza tions also helps in conducting certain campaigns to encourage and people in adopting several ethical and moralistic ways of conversation of the environment. The context also discusses several laws adopted by global environment conserving organizations to make industries and organizations adhere to its rules and principles. References Bowler, D. E., Buyung-Ali, L. M., Healey, J. R., Jones, J. P., Knight, T. M., Pullin, A. S. (2012). Does community forest management provide global environmental benefits and improve local welfare?.Frontiers in Ecology and the Environment,10(1), 29-36. Chapin, F. S., Sala, O. E., Huber-Sannwald, E. (Eds.). (2013).Global biodiversity in a changing environment: scenarios for the 21st century(Vol. 152). Springer Science Business Media. Chasek, P. S., Downie, D. L., Brown, J. (2013).Global environmental politics. Westview Press. Conca, K., Dabelko, G. (Eds.). (2014).Green planet blues: Critical perspectives on global environmental politics. Westview Press. Finger, M., Princen, T. (2013).Environmental NGOs in world politics: Linking the local and the global. Routledge. Ghai, D., Vivian, J. M. (2014).Grassroots environmental action: people's participation in sustainable development. Routledge. Mannion, D. A. (2014).Global environmental change: a natural and cultural environmental history. Routledge. O'riordan, T. (2014).Environmental science for environmental management. Routledge. Pearce, D. W. (2014).Blueprint 4: capturing global environmental value. Routledge. Sullivan, S. (2013). Banking nature? The spectacular financialisation of environmental conservation.Antipode,45(1), 198-217. Susskind, L. E., Ali, S. H. (2014).Environmental diplomacy: negotiating more effective global agreements. Oxford University Press. Sutherland, W. J., Clout, M., Depledge, M., Dicks, L. V., Dinsdale, J., Entwistle, A. C., ... Monk, K. A. (2015). A horizon scan of global conservation issues for 2015.Trends in ecology evolution,30(1), 17-24. Tscharntke, T., Clough, Y., Wanger, T. C., Jackson, L., Motzke, I., Perfecto, I., ... Whitbread, A. (2012). Global food security, biodiversity conservation and the future of agricultural intensification.Biological conservation,151(1), 53-59. Tyberghein, L., Verbruggen, H., Pauly, K., Troupin, C., Mineur, F., De Clerck, O. (2012). Bioà ¢Ã¢â€š ¬Ã‚ ORACLE: a global environmental dataset for marine species distribution modelling.Global Ecology and Biogeography,21(2), 272-281. Van Vliet, N., Mertz, O., Heinimann, A., Langanke, T., Pascual, U., Schmook, B., ... Castella, J. C. (2012). Trends, drivers and impacts of changes in swidden cultivation in tropical forest-agriculture frontiers: a global assessment.Global Environmental Change,22(2), 418-429. Whalley, J. W. (2016). Compensation or retaliation: Developed and developing countries and the growing conflict over global environmental conservation.