Business Law Contract Free-Sample for Students-Myassignmenthelp

Questions: 1.Whether a contract was formed between Peter and Pravani, or Not?2.Whether a Valid Contract was formed between Alonso and Chris, or Not? Answers: 1.Rule A contract can be stated as an exchange of promise, which is made amongst two or a higher number of parties, for carrying out a decided obligation, for a certain specified consideration. Generally, to form a contract, there are two modes. The first one is the one in which the terms of the contract are spoken out and it forms a verbal contract. The second method is to out down the terms of the contract on a paper, which is then signed by all the parties, and it becomes a written contract. There are certain crucial elements which are needed to form any contract, and these include agreement, i.e., offer and acceptance, the intent to be bound in a lawful manner, and consideration. The initiating point of any contract is the offer. In Placer Developments Ltd v Cth (1969) 121 CLR 353, it was held that the offer has to be promissory and cannot be generalized (Jade 2017). There is a need to differentiate an offer from an invitation to treat. An invitation represents that the party is willing to start negotiating on a particular deal; whereas, an offer shows that the parties are willing to start legal relations. The advertisements in magazines or newspapers, or the goods which are kept on the shelf of a shop are all considered as an invitation to treat and it would never be considered as an offer. And in the case of invitation to treat, the individual is not required to complete the sale, as was held in Partridge v Crittenden [1968] 1 WLR 1204 (E-Law Resources 2017). In the case of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6, the displayed goods were held to be an invitation. And the contract was held to be completed only when the offer was accepted or rejected at the cash desk by the pharmacist (Swarb 2016). However, if the same contains a unilateral offer, it is deemed as an offer, as was established in the case of Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256. In this case, an offer was made by the company to award the individual who would contract influenza, even when the individual used the smoking ball. The reason behind this is that the unilateral offer can be accepted by anyone from general public (Gibson and Fraser 2014, 346). Once an offer is made, it has to be accepted at the same terms as it was made, and while the offer still exists. The acceptance can only be given by the individual to whom the offer was made. The instantaneous communication rule provides that the acceptance has to be communicated. The postal rules of acceptance are an exception to this. In Henthorn v Fraser [1892] 2 Ch 27, it was held that the acceptance is taken the moment the letter is posted (Macdonald and Atkins 2014, 25). However, on the communication sent through phone or telex, the instantaneous communication rules apply. In Brinkibon Ltd v Stahag Stahl GmbH [1983] 2 AC 34, it was held that the contract would be created when the communication sent by the sender was received and is also established in the jurisdiction in which it is received (Swarb 2017a). The principle given in Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3 was accepted in this case. In the quoted case, it was held that the acceptance is attained only when telex is received (British and Irish Legal Information Institute 2017). 2.Rule Apart from the element of agreement, there are two other elements which have to be at hand in order to form a contract and these are the elements of consideration and intention. The consideration is also the remuneration for keeping the promise. It can be anything which is mutually decided between the parties, however, the same needs to have an economic value. The case of Price v Easton (1833) 4 B Ad 433 imposes a duty on the individual who has enjoyed the services promised in the contract, to pay the decided consideration, or can be held liable for a breach (Parris 2016, 98). In the case of Thomas v Thomas (1842) QB 851, the court held that consideration can be a promise to do or give something, or it can be money. Though, it cannot be a promise to not give or do something. Moreover, the judges also held that the consideration had to be sufficient, even though the same may not be adequate (Swarb 2015a). Another point regarding consideration is that it has to be made when the promise is being conducted or after the same has been conducted. Consideration cannot come before the promise is made. In short, past consideration is not deemed as sufficient and this was established in the case of Stylk v Myrick (1809) 2 Camp 317; 170 ER 1168 (Swarb 2015b). Another element is the intention of the parties to form legal relationship. In the case of Esso Petroleum Co Ltd v Commissioners of Customs and Excise [1975] UKHL, it was found that there was presence of intention to form lawful relationship. This was because of the fact that the coins were offered to the purchasers of four gallons of petrol in commercial context, which clarified the presence of intent (Swarb 2017b). In the case of Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95, it was held that the relevant facts of the case could only determine if there was presence of intention to be legally bound or not (Australian Contract Law 2017). Application In the given scenario, the goods displayed on the shop are an invitation to treat as per Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd. And due to the applicability of Partridge v Crittenden, Pravani is not obliged to sale the same. Further in this case, there was no unilateral offer in form of Carlill v Carbolic Smoke Ball Company. And the offer was also clear for the item and was not generalized, as was held in Placer Developments Ltd v Cth. This is evident from the fact that Peter came into the shop and started negotiating for the sale of antique Comb Set. After the negotiations were made, it was decided that the offer stood at $600 for the set. The acceptance mode was deiced as a communication through the telephone. As per Brinkibon Ltd v Stahag Stahl GmbH, the acceptance would be attained only when the communication was received. A similar provision was held in Entores Ltd v Miles Far East Corporation. So, the communication of acceptance was received by Pravani only after she had heard the message. This came after another deal regarding the same product was successfully accomplished, and so the acceptance was rendered useless. In the given case, the offer was made with a consideration $50,000, even though the same was available in the market at a lower price of $35,000. However, Thomas v Thomas dictates that the amount of consideration is irrelevant, as long as it is sufficient. So, the consideration may be inadequate and yet valid. Moreover, there is no aspect of past consideration in this as per Stylk v Myrick. So, as per the element of consideration, a valid contract was established in this case. Regarding the intention to form lawful relations, there was a clear intention on part of both Alonso and Chris. As per Esso Petroleum Co Ltd v Commissioners of Customs and Excise, the case involved a commercial dealing and so, the intention can be presumed. Further, the facts of the case can clarify the presence of intent as per Ermogenous v Greek Orthodox Community of SA Inc. Chris clearly wanted to form legal relations and this is the reason he offered Alonso to attain his services at particularly stated terms and conditions. These conditions were acceptable to Chris and he wanted to give his acceptance. This is evident from the typed letter and the subsequent attempts at communicating his acceptance. So, Alonso had clear intention of forming legal relations. Chris changed his tone when he got to know that the same services were available by an award winning Web Design Company. This is when he changed his statement and told Alonso that he had no intention of forming legal relations and that the project was real. So, Chris had clear intentions, and would have gone ahead with the contract, had the offer from Web Design Company, with a lower price, not present to him. Conclusion Based on these points, it can be concluded that a lawful or legal contract was not created between Peter and Pravani due to the absence of a crucial element of contract, pertaining to agreement. This is due to the fact that an acceptance was not made by Peter on time. Based on these points, it can be concluded that a contract was formed between Chris and Alonso, due to the presence of valid consideration, along with the intention of creating legal relationship. References Australian Contract Law. 2017. Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95. https://www.australiancontractlaw.com/cases/ermogenous.html British and Irish Legal Information Institute. 2017. Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3 (17 May 1955). https://www.bailii.org/ew/cases/EWCA/Civ/1955/3.html E-Law Resources. 2017. Partridge v Crittenden (1968) 2 All ER 421. https://www.e-lawresources.co.uk/Partridge-v-Crittenden.php Gibson, Andy, and Douglas Fraser. 2014. Business Law 2014. New South Wales: Pearson. Jade. 2017. Placer Development Ltd v Commonwealth. https://jade.io/j/?a=outlineid=66132 Macdonald, Elizabeth and Ruth Atkins. 2014. Koffman Macdonald's Law of Contract. 8th ed. Oxford: Oxford University Press. Parris, John. 2016. Commercial Law: Made Simple. London: Elsevier. Swarb. 2015a. Thomas v Thomas; 5 Feb 1842. https://swarb.co.uk/thomas-v-thomas-5-feb-1842/ Swarb. 2015b. Stilk v Myrick: KBD 16 Dec 1809. https://swarb.co.uk/stilk-v-myrick-kbd-16-dec-1809/ Swarb. 2016. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd: CA 5 Feb 1953. https://swarb.co.uk/pharmaceutical-society-of-great-britain-v-boots-cash-chemists-southern-ltd-ca-5-feb-1953/ Swarb. 2017a. Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH: HL 1982. https://swarb.co.uk/brinkibon-ltd-v-stahag-stahl-und-stahlwarenhandelsgesellschaft-mbh-hl-1982/ Swarb. 2017b. Esso Petroleum Limited v Commissioners of Customs and Excise: HL 10 Dec 1975. https://swarb.co.uk/esso-petroleum-limited-v-commissioners-of-customs-and-excise-hl-10-dec-1975/

Once by Nightwish free essay sample

Any Nightwish fan who looks at the track list for this album will instantly notice that a lot of Nightwish’s well-known and classic songs are on this album. For example Dark Chest of Wonders, Wish I Had an Angel, Nemo, Planet Hell and of course Ghost Love Score are all on Once. Looking at that list I just typed I can divide those songs into two categories; Wish I Had an Angel and Nemo are both well-known because they were successful singles whereas Dark Chest of Wonders, Planet Hell and Ghost Love Score are fan favourites and often considered classics. Based on the singles I can see why a lot of people thought this album was Nightwish selling out or going commercial. However if you listen to the whole album it becomes apparent that Nightwish have by no means sacrificed quality for radio play. The sound of this album can be described by one word; full. There are two other tracks however after Ghost Love Score, the 10 minute epic of the album, those being Kuolema Tekee Taiteilijan and Higher Than Hope. Both are more melodic and ballad-like which helps end everything the album was and Tarjas Nightwish career. Ghost Love Score I would consider to be one of the best Nightwish tracks of all time and in my top 20 epics of all time as well with the only Nightwish epic beating it is The Greatest Show On Earth. I, as well as many others, would probably want to see Tarja Turunen back in Nightwish but We still have some awesome stuff post-Tarja in my opinion. I give this album a 10/10. I am the Grim Reaper, signing off.

What is it That You Need to Understand Through Your Body Essay on Food?

What is it That You Need to Understand Through Your Body Essay on Food?The fact that the internet has made it easier for people to communicate via the web has made it easier for us to write a sample body essay on food. As we all know that a healthy body is considered to be the best body. A lot of food products are advertised to make us eat more.If you have finished preparing yourself for this type of study, then you must have an idea about the part that you need to learn to write a body essay on food. You need to know that writing a body essay on food involves going deep into the lives of various people and their eating habits. This research allows you to find out the role played by particular food additives and food products. You will also discover the ways in which these products affect our digestion.The question that you need to be asking yourself is, what is it that you want to convey through your body essay on food? Well, I am sure that if you answer that question in your mind, you will be able to come up with the perfect answer. One of the greatest advantages of writing a body essay on food is that it helps in making the concept clearer to the readers. If you are able to bring out the point clearly, then you can easily attract the attention of the readers to the ideas that you want to convey.As you will find, time does not stop because of writing a body essay on food. So, you will be able to write an essay in a short span of time. In fact, this essay is designed to be short because you will be required to go deep into the research process. This is where you will be able to get hold of the importance of exercise, regularity and the importance of proper nutrition.Well, if you have been in school, you know that a good education requires a lot of hard work. And while you are studying, you need to come up with important topics that will help you understand the concepts that you have learned. While going deep into your essay, you will be required to present an essay that is filled with important information that will catch the attention of the readers. Once you have done this, the next thing that you need to do is to get to the real work.While talking about the importance of exercise, you will need to introduce some of the important topics that are associated with it. You need to give some time to discuss what are the benefits that you get from regular exercises. You will need to inform the readers about the importance of nutrition and the effects that it has on your body. You will need to talk about the impact that exercise has on your mind and how it can help you in building strong muscles.A great thing about writing a body essay on food is that you can talk about all the important topics without having to spend a lot of time. As you have already read about the advantages of writing a body essay on food, now you need to take the next step in order to get your own body essay on food.

Free Essays on Illegal Women Trafficking

Illegal women trafficking in the world Introduction What is Illegal trafficking? What goes on in this trade? Women and children are promised jobs, money and better lives, then are forced into prostitution and terrible work environments. They are forced into this sick slave trade and are given little to no money for their work. It is disgusting and inhumane what they do to these women and children. This paper will describe events and horrors around the world. After the Tsunami disaster BAHRAINI authorities are being warned of a possible increase in human trafficking, from countries hit by the tsunami disaster. Human rights workers say they are particularly worried about a potential influx of underage women who may have lost their friends and relatives, homes and livelihoods in the disaster. They are especially concerned about countries such as Indonesia, from where human traffickers were already reportedly shipping girls to the Gulf and elsewhere. Human rights workers and immigration officials have described Indonesia as a significant source of illegal immigrants to Bahrain - girls as young as 14 are being shipped to the United States on fake as housemaids. passports to work Their employers allegedly beat them once they got here. In November 2003, a 14-year-old Indonesian maid ran away from her sponsor in Bahrain after being hit over the head with a glass. In another case, a 13-year-old Indonesian girl was sent home to her family after being allegedly beaten by her Bahraini employers for making mistakes. There are also reports of housemaids being raped or not being paid by their sponsors, who often go unpunished since domestic workers are not covered by labor laws. "A large percentage of women coming to the Gulf are below 18 years old," said Nabeel Rajab, president of the now-dissolved Bahrain Center for Human Rights (BCHR) and founder member of the original Migrant Workers Group (MWG). "A lot were being trafficked from vi... Free Essays on Illegal Women Trafficking Free Essays on Illegal Women Trafficking Illegal women trafficking in the world Introduction What is Illegal trafficking? What goes on in this trade? Women and children are promised jobs, money and better lives, then are forced into prostitution and terrible work environments. They are forced into this sick slave trade and are given little to no money for their work. It is disgusting and inhumane what they do to these women and children. This paper will describe events and horrors around the world. After the Tsunami disaster BAHRAINI authorities are being warned of a possible increase in human trafficking, from countries hit by the tsunami disaster. Human rights workers say they are particularly worried about a potential influx of underage women who may have lost their friends and relatives, homes and livelihoods in the disaster. They are especially concerned about countries such as Indonesia, from where human traffickers were already reportedly shipping girls to the Gulf and elsewhere. Human rights workers and immigration officials have described Indonesia as a significant source of illegal immigrants to Bahrain - girls as young as 14 are being shipped to the United States on fake as housemaids. passports to work Their employers allegedly beat them once they got here. In November 2003, a 14-year-old Indonesian maid ran away from her sponsor in Bahrain after being hit over the head with a glass. In another case, a 13-year-old Indonesian girl was sent home to her family after being allegedly beaten by her Bahraini employers for making mistakes. There are also reports of housemaids being raped or not being paid by their sponsors, who often go unpunished since domestic workers are not covered by labor laws. "A large percentage of women coming to the Gulf are below 18 years old," said Nabeel Rajab, president of the now-dissolved Bahrain Center for Human Rights (BCHR) and founder member of the original Migrant Workers Group (MWG). "A lot were being trafficked from vi...

About the Trojan Prince Deiphobus

About the Trojan Prince Deiphobus Deipohbus was a prince of Troy and he became the leader of the Trojan army following the death of his brother Hector. He the son of Priam and Hecuba in ancient Greek mythology. He was the brother of Hector and Paris. Deipohbus is viewed as a Trojan hero, and one of the most important figures from the Trojan War. Along with his brother Paris, he is credited with slewing Achilles. After Paris death, he became  Helens husband and was betrayed by her to  Menelaus. Aeneas talks to him in the  Underworld in Book VI of the Aeneid. According to the  Iliad, during the Trojan War, Deiphobus led a group of soldiers in siege and successfully wounded Meriones, an Achaean hero. Hector’s Death During the Trojan War, as Hector was fleeing from Achilles, Athena took the form of Hector’s brother, Deiphobus, and told him to take a stand and fight against Achilles. Hector thought he was getting genuine advice from his brother and tried to spear Achilles. However, when his spear missed, he realized that he had been tricked, and was then in turn killed by Achilles. It was after Hector’s death that Deiphobus became the leader of the Trojan army. Deiphobus and his brother Paris are credited with eventually killing Achilles, and in turn avenging the death of Hector. As Hector was fleeing Achilles, Athena took the shape of Deiphobus and goaded Hector to make a stand and fight. Hector, thinking it was his brother, listened and threw his spear at Achilles. When the spear missed, Hector turned around to ask his brother for another spear, but Deiphobus had vanished. It was then Hector knew the gods had deceived and forsaken him, and he met his fate at the hand of Achilles. Marriage to Helen of Troy After the death of Paris, Deiphobus became married to Helen of Troy. Some accounts say that the marriage was by force​ and that Helen of Troy never truly loved Deiphobus.  This situation is described by the Encyclopedia Britannica: â€Å"Helen chose Menelaus, Agamemnon’s younger brother. During an absence of Menelaus, however, Helen fled to Troy with Paris, son of the Trojan king Priam; when Paris was slain, she married his brother  Deiphobus, whom she betrayed to Menelaus when Troy was subsequently captured. Menelaus and she then returned to Sparta, where they lived happily until their deaths.† Death Deiphobus was killed during the sack of Troy, by either Odysseus of Menelaus. His body was horribly mutilated. Some separate accounts say that it was actually his former wife, Helen of Troy, who killed Deiphobus.

Marx and Weber- rise of capitalism Essay Example | Topics and Well Written Essays - 2500 words

Marx and Weber- rise of capitalism - Essay Example Karl Marx and Max Weber are two eminent sociologists whose theories have been regarded as milestones in the development of two distinct schools of thought in sociology. This paper investigates into the theories presented by these two sociologists on the rise and growth of capitalism in the Western society. The theories presented by both the sociologists are very significant, yet very distinct from each other on several bases. The essay compares the differences in the approaches of Marx and Weber towards the emergence of capitalism and the crucial factors behind its origin and growth. After contrasting both the theories, the essay points out the most preferable theories of the two.Marx’s and Weber’s theories of rise of capitalism gave two distinct directions to the world concerning the emergence and growth of capitalism that dramatically transformed the social and economic aspects of life in the Western world from sixteenth century and onwards. Weber criticized and refus ed the theory of capitalism as proposed by Marx and put forward his study on the egression of capitalism Western society that differs with Marx’s approach on several grounds. Karl Marx was a sociologist who wrote to make people aware of the changes taking place in their social and economic environment due to the growth of capitalistic systemIn his renowned book â€Å"Capital†, he illustrates capitalism as a system of production under which entrepreneur class or few capitalists control the means necessary to bring about production process

The Prescott High School Regression Case Study Example | Topics and Well Written Essays - 750 words

The Prescott High School Regression - Case Study Example Regression analysis, however, offers a more reliable analysis of the relationship between the dependent variable and the independent variables. The analysis develops a model for the relationship and tests the following hypothesis. HO: ÃŽ ²HSGPA =ÃŽ ²SATSCORE =ÃŽ ²RECOMENDATION= 0, There is no significant relationship between the dependent and the independent variablesHA: any of the ÃŽ ²s, There is a significant relationship between the dependent and the independent variablesAppendix 7 shows the ANOVA results and from the results, the alternative hypothesis is significant for the general model (F=19.3151, p= 0.000< 0.05). The model further explains a significant proportion of the data, 48.65 percent, based on the adjusted R squared value. Appendix 8 shows the results for coefficients. The intercept (t= -1.69, p= 096) and quality of letter or recommendation (t= 0.87, p= 0.383) are not significant while high school score (t= 2.66, p= 0.01) and SAT total score (t= 3.97, t= 0.000) are sig nificant. Running a regression analysis with the significant variables yields the results in Appendix 9. The results in Appendix 10 show a significant relationship between college GPA and both high school GPA and total SAT score. The intercept is not significant but coefficients are and the following model represents the relationship.The model that includes only significant independent variables is better in predicting the scores because it eliminates effects of the other variables that can be attributed to error.