Wednesday, January 29, 2020

Common Law Essay Example for Free

Common Law Essay a)Â  In a letter dated 14/02/2011, the manager (Dave) of Excellent Foods (EF) outlined conditions in writing to the manager (Ben) of Safe Foods (SF) in relation to the purchase of EF. These conditions were that SF must pay the valued amount of EF, which totaled $120,000, $30,000 more than the original amount that SF had been prepared to pay and stipulated during earlier negotiations. At the time of the earlier negotiations, SF also had set a purchase requirement, which was that EF’s sales must increase by 20% over the next two months and if this requirement was met, SF would be prepared to pay the ,000. After earlier negotiations, EF had their business valued at $120,000 and notified SF of the valuation and that they now required this amount, not the $90,000 that SF had offered. SF did not reply to EF. Whilst EF met the sales increase target and forwarded the record of sales to SF along with the transfer of business contract as well as a new condition of the contract being that EF require 10% of the 120,000 within 14 days, SF responded in writing stating they no longer were interested in purchasing EF. It would appear that EF are no longer interested in purchasing SF due to the $30,000 price increase and the term that they would now need to pay 10% within 14 days. An important aspect in forming a legally binding contract is giving and receiving the acceptance of an offer. The requirement of acceptance with every binding legal contact is tied closely to the concept of unqualified mutual assent. Only when both parties have given their mutual consent does the law consider a binding legal contact to have been formed. Hence, if the offeree remains silent, their silence cannot constitute an acceptance.[1] Another important aspect when creating a legally binding contract is that the acceptance of the offer must exactly mirror the terms and conditions of the offeree and vice versa. If there is even a slight difference, this will most likely not constitute a valid acceptance. If an offer is made that does not mirror the terms of the original offer, than this is considered a counter-offer, which now negates the original offer. An example of this is demonstrated in the case of Hyde v Wrench (1840) where Wrench offers to sell his land to Hyde for the price of 1200 pounds of which Hyde declined to accept. Wrench responded with a counter-offer of 1000 pounds and Hyde responded with another counter-offer of 950 pounds. When Wrench declined the counter offer, Hyde decided he would accept the earlier offer of 1000 pounds, however Wrench decided he would no longer sell his land to Hyde for this amount. As Hyde had made another counter-offer after the earlier offer, the offer of 1000 pounds was now destroyed. Hyde sued Wrench for breach of contract claiming that the earlier offer was not withdrawn however the court found that Wrench did not need to withdraw the offer of 1000 pounds as it was destroyed when the counter-offer of 950 pounds was made.[2] In this case, SF made an offer to EF, being $90,000 if sales increase by 20% in two months. EF later responded with a counter-offer of $120,000, which then destroyed the earlier offer of $90,000. SF did not respond to this counter offer, therefore not accepting the new offer. EF also added terms to the offer that were not previously discussed with SF, which also did not mirror the terms of the earlier offer of which the court considers being a strict requirement for full and unequivocal assent.[3] Excellent Foods cannot commence an action for breach of contract against Safe Foods as the counter-offer negates the original offer of which Safe Foods did not respond to and therefore is not considered as an acceptance of the terms. b)Â  Promissory estoppel is an equitable action, which is designed to enforce promises made from one party to another where the promises are not supported by consideration. The doctrine of promissory estoppel can only be applied if a clear promise was made from the promisor to the promisee, if the promisse has suffered a significant loss from the promiser now going back on its promise, if the promiser acted unconscionably, and if the promisse undertook certain acts (or refrained from undertaking certain acts) due to the promiser’s initial promise. A leading case which illustrates the purpose of promisary estoppal is Waltons Stores v Maher where Waltons negotiated with Maher over the grant of a lease of property that Maher owned. Maher agreed to demolish a building in order to make way for a new custom designed building to be occupied by Waltons. Changes and agreements were made by both parties over the following months. Waltons later decided that they no longer required the building after Maher had already informed then that they were proceeding with the demolition and despite being aware of this, advised their solicitors to ‘go slow’ in informing Maher of their reservations. Due to Maher having initially received a clear promise, suffered considerable loss and completed many acts under the belief that Waltons would go ahead with the promise as well as Waltons acting unconscionably against Maher in ‘going slow’ in informing Maher of their true intentions, Maher was able to rely on promisary estoppel and therefore won on first instance and later at the appeal.[4] In this case, Excellent Foods did not suffer any considerable loss from Safe Foods not following through with the business transfer. Whilst there was an initial promise made by SF to EF, EF later requested 10% of the transfer price of $120,000 within 14 days– a term that had not previously been negotiated. It may be because of this term that SF does not wish to continue with the transfer in which case they have not acted unconscionably. EF informed SF in writing that they did not wish to continue with the transfer.

Tuesday, January 21, 2020

Dreams in Literature Essay examples -- Comparative, Faulkner, Hurston

The ability to dream may be uniquely human. These dreams exist with no purpose other than achievement. In many cases, a dream, not an instinct, drives human action. Certainly, dreams are central to the human life. Since one of the main purposes of literature is to reflect on that life, some dream must be included. The achievement of the dream is completely up to the author, and what his/her thoughts are on the achievement of dreams. Tennessee Williams, William Faulkner, and Zora Neale Hurston all use certain literary elements to craft their theme of the achievement of dreams, which is viewed and portrayed differently by each: grievously, by Williams; pessimistically, by Faulkner; and with a modicum of optimism by Hurston. Hardly a better adjective exists than â€Å"grievous† to describe Williams’ attitude toward dreams and their achievement in his play â€Å"The Glass Menagerie.† Williams does not treat dreams violently and harshly, but sadly and poignantly, using symbolism and stage lighting. Amanda’s jonquil dress, a momentum from days long past, is one important symbol. The revival of the dress, a remnant of Amanda’s courting days, shows the extent to which her dream of living through Laura pervades her life. The use of the â€Å"girlish† dress makes it seem as though Jim is visiting Amanda, rather than Laura, returning Amanda to her happiest days (Williams 53). The clearest and most important symbol is Laura’s glass unicorn. It represents her; its changes mirror hers. She only places the unicorn out in the open when Jim arrives, and, not completely intentionally, opens herself to him. As Laura shares her first dance with Jim, the unicorn falls, and its horn, the only thing distinguishing and separating it from the other horses, breaks off... ...shback, Hurston notes that one can help others with their dreams, and still accomplish one’s own, so long as the dreams of others do not become permanent priorities. People’s thoughts on dreams vary, and so dreams are shown in differing ways throughout literature. All three authors agree that the attainment of a dream is not guaranteed; it requires some work. From there, they use different techniques to refine their opinions. In their respective novels, Hurston offers some hope for the dreamer in humanity, while Faulkner scoffs and tells them what to do, and Williams urges them to give up while there’s still time to avoid heartache. Differing opinions such as these are found through a span of literature, and they offer comprehensive readers food for thought, and a chance to think about and form their own opinions, in this case, about the attainability of dreams.

Monday, January 13, 2020

Distinguish egalitarian, rank, and stratified societies in anthropology Essay

There are universally acclaimed structures of society and these can either be beneficial for the individuals or not. One of the many political doctrines that can be beneficial to the individuals of a society is Egalitarianism. Egalitarian is referred to be as a kind of society which gives equal rights and opportunities to the people. Egalitarian societies give equal treatments to their people, equal rights to resources, equal in moral status and equal rights of the laws and church and they don’t have even permanent leadership. The notion of egalitarianism came about because in biblical verses, it was written that God loved His people equally (Arneson). Another kind of political doctrine is the social stratification; it is viewed as the social hierarchy of social classes and strata within a society. Social stratification is universally acclaimed but varies accordingly to the societies that uphold it. There are three major components of social stratification according to the conflict-perspective sociologist Max Weber; the class, status and party. The status of a person in the society plays a big role in the determination of his or her role and his behavioral patterns and changes that he or she will have. There are actually four classes in a stratified society; the propertied class, the property less class, the bourgeoisie, and the working class. An individual’s role in a society is predicted by the class he or she is under. In stratified societies, those who have the capital are the ones who rule and have the greater opportunity to the resources and services and those who have nothing are have the lesser opportunity (Rodriguez). Societies have differences; some give equal rights to the people and others do not. Thus, societies continue to exist because social order is maintained.

Sunday, January 5, 2020

Integrated Cirriculum Research Paper - 965 Words

Integrated Cirriculum Research Paper Integrated curriculums are constantly becoming more popular with educators each and every day. It seems that with this increased enthusiasm there should also be an increased activity of integration taking place within the classroom. This, however, does not seem to be the case. Math and Science integration has been widely talked about and supported by educators young and old, but critics state that there is little evidence to show the effectiveness of integration in the classroom. The reasons for the integration of subjects in the classroom are many and easily understood. â€Å"Mathematics and science can easily be integrated given that mathematics is often the â€Å"tool† for doing and†¦show more content†¦However, in the midst of this rush to support an integrated curriculum, many educators question the effectiveness of an integrated curriculum, and they also question the lack of research supporting integration over traditional curriculum. (Czerniak, 1999) It seems that a definition for the term integration cannot be easily agreed upon. (Huntley, 1999) In fact there are so many different terms for integration that it’s easy to see why many would question its effectiveness. The terms include interdisciplinary, thematic, nested, transdisciplinary, integrated, connected, sequenced, shared, webbed, threaded, immersed, networked, blended, unified, coordinated, fused, teamed and multidisciplinary. This can only indicate the lack of coherence regarding what is meant by science and math integration. (Judson 2000) Within these different terms you will also most likely find different meanings for different educators. Without a clear focused definition we cannot have â€Å"a basis for designing, carrying out, and interpreting the results of research.† (Czerniak, 1999) Even if we can get by this lack of definition and see math and science integration at work in the classroom we might see some of the disadvantages of integration that critics are talking about. One example is research showing how integration and thematic instruction in math and science is quite restricting because concepts included are narrowed to a specific framework.