Legally Binding Contracts Essay - 1501 Words

Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-: Intention to create legal relations can be defined as follows. ‘An agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.’ Source (HNC unit 5 Business law course book) In determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social agreement do not intend to be legally bond. Parties†¦show more content†¦The something of value may be either something that the person actually hands over (that they would not otherwise be obligated to hand over) or some right that they give up (that they would otherwise have been entitled to exercise). For example, if you agree to buy a car for cash, you agree to deliver cash to the seller, and the seller agrees to deliver the car to you. In tha t situation, there is legal consideration, or sufficient value, for the agreement to be enforceable. Another example is a mutual release of claims. Suppose you accidentally hit a parked car, and you agree to pay the owner of the car  £500 in cash to settle. In that case, you agree to deliver cash to the owner of the car, and the owner agrees that he or she will not file a lawsuit against you. (In such a situation, always get a written release of liability, or release, from the owner of the car to prove that you have settled up.) The consideration from your side is the cash, and the consideration from the owners side is that he or she gave up the right to sue you for the damages. Although the owner didnt give up anything physical, there is consideration to support the agreement because the owner gave up a legal right. Source: (http://onlinelegalforms.com/legalforms/freedraftingtips.html#consideration) Dunlop v Selfridges (1915) Hol. Defined consideration as ‘An act or for bearance of one party or, the promise thereof, is the priceShow MoreRelatedEnter Into A Legally Binding Consumer Contract2200 Words   |  9 Pagesthe process required to enter into a legally binding consumer contract. The essay will then address express and implied terms within consumer contracts. Finally the contracts entered into by the client within the case study will be examined. Evaluating any breaches made towards the contracts and identifying any remedies available to the client for the breaches identified. Essential criteria must be present in order for a consumer contract to be legally binding by law, a process of offer, acceptanceRead MoreContract and Legally Binding Agreement Essay example877 Words   |  4 Pages Hartly The Auto Dealer What do you think about this situation? Should parties to a sales contract be able to rescind a contract because of mutual mistake of fact? Why or why not? Did either party act unethically in this case? Why or why not? What application does the UCC have here? Finally, in the overall context of contract law, are there any winners or losers when a contract is rescinded based on mutual mistake of fact? Why or why not?   In my studies of the case, I read aboutRead More- Understanding the Essential Elements of a Valid and Legally Binding Contract3531 Words   |  15 Pageslegal or illegal and not to break the law, it also helps securing the company from fraudulent or unlawful actions. Assignment 1 primarily deals with key elements of Contract Law. In the assignment main parts of any contract and various types of business contracts will be considered, and such topics as „What makes a valid contract?â€Å" will be discussed. Rules of offer and acceptance as well as rules of intention and consideration will be viewed in terms of specific situations. At the same time, theoreticalRead MoreElectronic Means Valid Contracts Should Not Be Legal1266 Words   |  6 Pagesvalid contracts that have a basis to be legally pursued? An arrangement made between parties that is legally binding is a contract, though there are several factors that must be realized in order for these deals to become legally binding. There are differences when making a contract in different formats, such as electronically, verbally or written and each one has its own aspects that must be taken into account. When there is a contract an offer must be made to bind both persons to the contract, thou ghRead MoreContracts For A Contract Agreement Essay1512 Words   |  7 PagesA contract is a promise or a set of promises that one party makes to another and that can be enforced using law. Contracts are made for commercial bargains. A contract is legally binding. It entails selling or hire of commodities such as services, goods or land. The major elements required for a legally binding contract are offer and its acceptance . When one person expresses an offer on outlined terms to contract and the offeree indicates that they have agreed to the set terms, the contract becomesRead MoreEntering A Agreement Binding Agreement1727 Words   |  7 Pages The parties to the contract must have intended to enter legally binding relations, this is defined as the intention to enter a legally binding agreement or contract. If the parties do not intend to enter a legally binding contract, in which the parties must come to an agreement of both sides, the contract may become a mere promise. In Bal four v Balfour, the husband promised to pay his wife  £30 a month, when he failed to pay his wife tried to sue him, the wife s action failed as an intention toRead MoreUnderstanding The Formation Of An Obligation And Its Different Types1520 Words   |  7 Pagesunilateral obligations (promises) and contracts. A Unilateral obligation is a responsibility; that exists for one party, not both, to uphold what was agreed on, that will, in turn, benefit the other. It may sometimes profit both. A contract is a legally binding agreement based on consent between two or more individuals, in which an offer is created and accepted. It does not have to be written; it may be verbally made or accepted. The purpose of a contract is to have some form of ownership overRead MoreThe Formation Of A Contract Requires Offer And Acceptance1722 Words   |  7 PagesThe formation of a contract requires offer and acceptance in order to become legally binding. An offer is an expression of willingness to contract on specified terms made with the intention that it is to become legally binding as soon as it is accepted by the person to whom it is addressed. The advert above is a unilateral contract as â€Å"one party assumes an obligation under the contract†. Consideration is the act of performance in accordance with the terms of the offer, in this case acceptance wouldRead MoreContract Agreement By The Law Of A Stamp Shop Window1113 Words   |  5 PagesContract – agreement by the law between two or more people to obtain from doing some act or acts to create legal relation. Contract has 4 elements: offer, acceptance, consideration and intention to legal relations. Without these 4 elements there is no contract. TASK 1 Bob – the owner of a stamp shop in Muncaster High Street – placed and advertisement column of the Muncaster Evening Gazette. He is selling ‘Utopian penny red stamp’, one only for  £750 or nearest offered price. Legally by law an advertisementRead MoreBusiness Common Law1545 Words   |  7 PagesBUSINESS COMMON LAW 1 ASSIGNMENT 1 Darina Byrne Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-: Intention to create legal relations can be defined as follows. ‘An agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business agreements but presumed otherwise if the agreement is of

The Relationship Between The Spouse And Cancer Survivor Essay

Consequently, the distress in the relationship between the spouse and cancer survivor needs assistance to maintain an equilibrium of support for both individuals to transition to a â€Å"new normal†. The female spouse of a cancer patient is more expressive than the male spouse caregiver, allowing more research themes of loneliness and self-care to emerge in the literature (Bruun et al., 2011; Pillai-Freidman Ashline, 2014). Partners play an important role in cancer survivorship and the spouse themselves, must reduce their level of psychological distress through resilient behaviors (Dagan, et al., 2014; Lim, Shon, Paek, Daly, 2014). This is an opportunity to screen the spouse of a cancer survivor for distress. Psychosocial distress. The literature revealed the majority of cancer patients experience distress; with breast cancer having the highest levels of psychological distress (Cicero et al., 2009; Diallo et al., 2015; Przezdziecki et al., 2013; Segrin Badger, 2014). Distress can come from the spouse directly or indirectly related to sexual intimacy or relational communication (Levy, 2010; Pillai-Freidman Ashline, 2015). Distress can come from a lack of social support as the length of time from cancer diagnosis to survivorship increases, leading to complex emotions, not discussed with the primary care provider (Mikkelsen, Sondergaard, Jensen, Olesen, 2008; Morasso et al., 2010). Breast cancer survivors specifically, identify their psychological distress needs on-goingShow MoreRelatedThe Effects Of Post Traumatic Stress Disorder On A Family1183 Words   |  5 Pagesarticle is â€Å"Treatment of Posttraumatic Stress Symptoms in Adolescent Survivors of Childhood Cancer and Their Familie s: A Randomized Clinical Trial.† In this article the researchers put together a random wait list control trial. They would have an intervention with the family of a cancer survivor that had post-traumatic stress symptoms from the family and child. The most common psychological consequences of childhood cancer survivors and their mother and fathers are posttraumatic stress symptoms (PTSS)Read MoreEssay about A Diagnosis of Cancer is Life Changing Experience589 Words   |  3 PagesA diagnosis of cancer is life changing and affects the whole family. It has been documented in some studies that family members experience equal if not higher levels of anxiety or depression than the cancer patient themselves (Hacialioglu et al, 2010). Hasson et al (2010) found that spouses of patients who had been diagnosed with advanced breast cancer reported more psychological distress than patients and were above the clinical cutoff. These results are comparable with a study carried out by Hodge sRead MorePsychological Distress During Cancer Survivorship Essay2046 Words   |  9 PagesThere are numerous factors contributing to psychological distress in cancer survivorship. Each factor or group of factors influence the cancer survivor individualistically, and the family collectively. The focus of the PICO is the cancer survivor and their family transitioning back to primary care. For this project, the family can be a patient, spouse or significant other, and family unit as the research focus. The emphasis on cancer survivorship and the psychological distress after treatment regimenRead MoreThe Quality Of Life And Psychosocial1298 Words   |  6 Pagesur purpose in conducting this study was to collect information about the quality of life and psychosocial adjustment of young patients after the treatment of bone cancer. We conceptualized psychosocial quality of life as consisting of both subjective perceptions and objective conditions, and we designed the study with the use of preexisting reference groups. The selected measures—psychological tests, questionnaires, and interviews—were intended to cover the most Read MoreEssay How the Elderly Cope with the Death of a Spouse1032 Words   |  5 Pagesdepressed, sad and even angry. Looking at death from a different perspective, such as a loved one going to a better place, instead of a loss can cause relatives to celebrate. This is usually the case when the cause of death is natural. When death of a spouse is because of a traumatic event, love ones are left with many questions that they can live with for the rest of their lives. We may continue to live normal lives once the emotional pain is suppressed. I use the term suppress, because it is not clearRead MoreThe Treatment Of A Patient s Rehabilitation Needs For Patients After Cancer Treatment Essay1812 Words   |  8 Pagesincluded loss of relationship with the investigators, as the questionnaire was mailed versus face-to-face interview. Psychological distress was a not a new theme, however being the limiting variable was new for th e research. Mikkelsen et al. (2008) explored the psychosocial rehabilitations needs for patients after cancer treatment that may not be met by the healthcare system, and fear of cancer relapse. Focused-interview with patients (N=15) used open-ended questions to explore former cancer patient’sRead MoreLeft Behind2421 Words   |  10 Pagescomforting a mom or dad, sister or brother, spouse or child of someone who intentionally took their own life. Not only does the family and friends of the suicide victim feel the shock of loss, but also they may feel that they failed the victim in some way, did not see the signs, and feel guilt that they should have seen this coming. Coupled with their own guilt, they may also shoulder the burden of the guilt of others, as society places blame on the survivors for not helping the victim deal with emotionalRead More The Loss of a Life Partner Essay5259 Words   |  22 Pagesthe person involved in the loss knows what is significant to them. People common ly associate certain losses with strong feelings of grief. The solitude is always agonizing, especially for someone who has never lived alone. Many people lose their spouses each year. Because the modern society has few mourning rituals other than the memorial service, they may find themselves alone and disconsolate just when they are most in need of comfort. Different Kinds of Loss Loss of one’s partner can be dueRead MoreOur World Is Increasingly Being Taken Over By Workaholics.1982 Words   |  8 Pageshe was doing a lot of futile labor. This labor caused him to have thoughts of suicide because he saw his destiny and did not see the point of life. Another stimulus I used was â€Å"Long working hours and cancer risk: a multi-cohort study.† It shows how working long hours is linked to many behavioral cancer risk factors. I decided to research this question: â€Å"What are the effects of working long hours?† Through my research, I have learned that working long hours is not good for a person’s mental or physicalRead MoreFemale Cancer Patients Negating Social Ideas of Beauty2662 Words   |  11 PagesMy research topic is How can female cancer patients successfully negotiate social ideas of beauty, I have chosen this question as a research topic as two of my family members have recently suffered from and lost their lives to this disea se and I want to develop my knowledge of the disease and how it may lead to other health problems. I have chosen to target the theme of beauty as the changes induced by both the disease and the treatment are often visible, which sometimes lead to mental health problems

Teachers Essay Example For Students

Teachers Essay Teachers Essay of the 21st century, like those of the past, are not only teachers of subjects such as math, English, or science. Teachers are role models, confidants, and continual learners. To prepare our students for their future, we must also teach many more basic concepts. One of the greatest challenges of preparing students will be teaching them to express their opinions and beliefs without the fear that they will be scorned. If a student is allowed to express their own multicultural views, they may be more open to understanding others. Counseling is an invaluable part of the school. Students need to have any emotional problems addressed quickly and effectively. Anger does not have to lead to violence, but instead to drawing, talking, and writing about the problem. Get students involved in extra-curricular activities. Learning does not stop when the final bell rings. Activities such as art, music, sports, and volunteering time can foster a new learning environment. Students will be taught the value of teamwork, patience, citizenship, honesty, and respect. The role of the teacher as a coach and even parent make lasting impressions on students. In the classroom, students should develop organizational and study skills. We need to encourage independent critical thinkers, who at the same time, are not afraid to ask questions. Students will be teachers to other students teamwork inside and out of the classroom. Ever-changing technology is arising in classrooms everywhere. It requires updating old competencies and readiness for that yet to come. The school will also need to continually reinforce daily routines. Good hygiene, the value of breakfast, and seat belt and helmet safety are a few. Students of the 21st century are exactly that, our future. As teachers, we teach both subject matter and character development. Everything we do, both in and out of the classroom should develop and inspire confident attitudes, high expectations and goals, and help guide our children towards a career of their own. .

Southern Discomfort Summary Essay Example

Southern Discomfort Summary Essay Jim Malesckowski received a call from his boss, who wanted him to go to Mexico and determine some figures for their manufacturing company. Their present plant is in Oconomo, Wisconsin, where they employ 520 people. Oconomo is a small town of just under 10,000 people and jobs are limited, so the company provides some help to their poor economy. Jim’s boss is thinking about moving the plant into Mexico where he could cut costs dramatically, saving the company millions of dollars each year. The workers of the company are part of a labor union that negotiates wages and duties with the company. The union does not want its workers to earn lower wages or become cross trained to do many different jobs. Jim is stuck between a rock and a hard place because his boss wants him to report the findings in Mexico yet Jim knows if he does then the plant will most likely move into Mexico. The company will save a lot of money in production and labor costs if they move but it will take away 520 full time jobs from the people of Oconomo. Jim needs to figure out what to tell his boss when he meets with his boss the next day. Assumptions: It is assumed that this is a very difficult decision for Jim to make. We will write a custom essay sample on Southern Discomfort Summary specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Southern Discomfort Summary specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Southern Discomfort Summary specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Businesses are faced with this problem all the time. If the business moves to Mexico then surely they will save money and have more money to invest with. It is assumed that Jim doesn’t want to be the bearer of bad news in the town of Oconomo where he would have to tell the workers that they are going to be laid off because the company is moving its plant to Mexico. Both sides of the situation must be heavily thought out as no quick decision can be made here. Main Concern: The main concern is for Jim to figure out what he is going to tell his boss. Jim needs to make a decision as to what he will report to his boss on the situation in Mexico. Vantage Points: The first vantage point is that Jim will tell his boss about the cheap labor costs in Mexico and in turn the company will move its plant. Jim may not want to do this but his job is on the line in what he reports to his boss. The second vantage point is for Jim to lie to his boss about Mexico and say that it’s not a good idea for the company to move its plant into Mexico. By doing this Jim would be saving the jobs of 520 full time employees in the town of Oconomo. The next option for Jim would be to tell his boss about the opportunity in Mexico but say the timing is not right and offer to move the plant in a couple of years. This would give the employees of the plant in Oconomo enough time to find other jobs in the surrounding areas so they are not just thrown out with nothing. Diagnosis: The first option of Jim telling his boss about the cheap costs of Mexico has a lot of positives aspects. If the company moves the plant into Mexico they will no doubt save millions of dollars each year in production and labor costs. The company would then have more money to invest with, possibly in another plant somewhere else, more money to invest in a bank, or more money to pay dividends to stakeholders. After all, the goal of just about every business is to make money in order to pay back its stakeholders. So by moving the plant to Mexico, the company would be achieving its main goal. The problem with moving the plant would be that many people would lose their full time income by getting laid off by the company. Over 520 people would no longer be employed in the town, and many families would have no source of income because the town is small and the jobs are scarce. The plant offers many jobs and opportunity to the town because the plant is the center piece of the town where many of its residence hold jobs. So if the company left for Mexico, the town and its people would be negatively affected by the move. The next option for Jim to tell his boss is to not move the company to Mexico and stay put in the town of Oconomo. Jim feels bad for the employees of the company if the plant was to move down to Mexico and almost wants to protect them. Jim has to decide is he thinks the move to Mexico is ethically correct. Some think that outsourcing to other countries is wrong and shouldn’t be done but big businesses argue that it’s fine in order to cut costs. But, if the company stays put then they will be spending way more money then necessary on labor costs because the union won’t cut prices. So the business has to argue why spend more money if they can do it for cheaper somewhere else. It just like if you could buy the same car from Japan for cheaper then you could in Detroit you would be crazy not to buy it in Japan. The business has the same mentality because their main goal as a company is to turn as much revenue as possible. If Jim was to tell his boss that the move was not a good idea at the present time but should be reevaluated at a different time, then this would give the employees enough time to find jobs elsewhere. Jim doesn’t want to lay off his workers but doesn’t want to disappoint his boss at the same time so by telling his boss to wait, he is satisfying both of his parties. Cheap labor will most likely always be available in other countries so the company will not miss that opportunity. By waiting a few years to move the plant into Mexico, the employees will have plenty of time to deal with the coming change.