Introduction to Law Contract Essay Example

Introduction to Law Contract Essay Public, private, private members and hybrid bills are all forms of what eventually becomes primary legislation also referred to as an Act of Parliament. Like many proposed laws and law changes primary legislation starts life as a white paper, this is a statement of policy from the government. These white papers are often subject to scrutiny in the House of Commons before being introduced as a bill at the first reading. Once the bill has been introduced it will pass through both the House of Commons and the House of Lords for consideration. At the second reading it is open to debate but cannot be amended. If the bill is passed at this stage it then moves through a number of committees in the House of Commons whole house, standing and select committee. At these committees the bill can be debated and amended before moving onto the report and third reading stages. If approved at both of these stages the bill will then be presented to the Queen for Royal Assent. This is the final stage of law making and Royal Assent confirms the bill as an Act of Parliament and at this stage it becomes statute. Judges are required to apply primary legislation in court cases without exception, but can use their interpretation of the legislation where applicable. We will write a custom essay sample on Introduction to Law Contract specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Introduction to Law Contract specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Introduction to Law Contract specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Delegated legislation is a term used to describe laws and regulations made by authorised bodies or persons such as ministers or local authorities using powers bestowed on it by an Act of Parliament. Each item of delegated legislation is usually known as a statutory instrument but the Queen by Order in Council can make some delegated legislation. This is often the case in time of emergency i.e. to impose sanctions. Byelaws are made by delegated legislation but generally operate only in the locality of their creation. Delegated legislations can be challenged either in court through judicial review or as part of the defence. One of the reasons to challenge may be because the legislation is deemed to be ultra vires, or beyond the powers of the body or institution that passed the legislation originally. Judicial precedent is the process by which judges can use the decisions of previous cases as the authority for the basis of their decision, as long as there is sufficient likeness in the facts. There are some key principles that should be followed when using judicial precedent. All courts are bound to follow the decisions of a higher court. This is known as stare decisis to stand by the decided. The binding principle of judicial precedent is ratio decidendi the reason of the decision. This is a statement by the judge of the legal principles being applied in the case and it is only this statement that gives ratio decidendi. If there has been no previous precedent set then a judge may declare the law and an original precedent is set. This may then be used in later cases as the precedent. Legislation formed in the European Community comes in the form of regulations and directives made by the Council of Ministers of the EU made up of government ministers from member states or the Commission, which is made up of senior officials from the member states. EU Legislation focuses on a wide range of issues such as trade, agriculture, social policy, employment and the environment. European Union legislation drawn up by a member of the European Parliament and is proposed by the Commission before being discussed and voted on by the Parliamentary committee. Sensitive issues such as agriculture, social policy and taxation need to be agreed unanimously by the Council of Ministers in order to be passed but a system known as Quality Majority Voting is used to decide the majority of issues. Each member state has an allocation of votes according to its size and population. As long as at least half of the member states and at least half of the EU population are in agreement, the legislation can be passed. Issues decided by unanimity do not need to be agreed by the European Parliament but its advice can be sought and in some instances the legislation cannot be passed until the advice or opinion of the Parliament has been sought. The European Communities Act 1972 gives the UK governing party the ability to change existing legislation to reflect new European legislation. All of the forms of law previously mentioned are intrinsically linked in various ways. When a judge is presiding over a case in a UK court he must absolutely abide by primary legislation as this the highest form of law in the land. Coupled with this he must consider delegated legislation but the ability to challenge is available if the legislation is considered to be outside the jurisdiction of the body or institution that created the legislation in the first place. This is known as ultra vires. Depending on the level of the courts hierarchy at which the case is being heard, judicial precedent can come into effect if the material facts of the case being heard are close enough to that of a previous case in which a judgement has been set. An inferior court in the hierarchy must abide by the decision made previously if it was made in a superior court. Alternatively, if the precedent was set in an inferior court to the current one, the judge may make a new decision and this becomes the new precedent for future use. The European Communities Act 1972 gives the UK government the ability to change existing legislation to reflect new European legislation or to ensure that any areas of incompatibility are aligned. This effectively means that all European regulations and directives can be considered in a UK court of law and so sit alongside all UK legislation. Distinguish between an offer and an invitation to treat. An offer can be described as a statement by which the offeror (person making the offer) promises to be bound so long as the terms of the offer are accepted by the offeree (person accepting the offer). When an individual or a company makes an offer it can be made to another individual, a group of persons or to absolutely anyone in the world (Carlill v Carbolic Smoke Ball Co Ltd (1893)). In simple terms, an offer is predominantly in the form of a question Will you buy this item for à ¯Ã‚ ¿Ã‚ ½xx? A positive decision made by an individual to pay the stated price for the item results in an acceptance of the offer and therefore a contract is formed. However, this is not always the case. In some cases an offer is preceded by an invitation to treat. An invitation to treat is the initial stage at which an individual or a company (invitor) indicate that they are willing to enter into a contract or agreement but that the terms of that contract or are yet to be determined. Some of the ways in which the invitor can invite offers include:- 1. Displays of goods in stores this merely shows what items are available and on which offers can be made (Pharmaceutical Society of GB v Boots Cash Chemists Ltd (1952)). 2. Advertising the advert is acting as a shop window to all intents and purposes. As the advertiser may only have a finite amount of stock they could only possibly have intended the advert to be an invitation to treat (Partridge v Crittenden (1968)). Where the advertiser is making a promise, such as a reward, this could be classed as a unilateral agreement and therefore distinguished as an offer as no further negotiation is intended (Carlill v Carbolic Smoke Ball Co Ltd (1893)). 3. Tenders a tender is an invitation to provide goods or services for a price. The person or persons inviting the tenders will then choose a bid that suits their requirements. Until the person inviting the tender has made a decision to accept a tender there is no contract formed (Spencer v Harding (1870)). 4. Auctions the lots or items displayed are the invitation to treat. Any bids made by individuals or companies are offers and the auctioneer may decide to accept or reject such offers (Payne v Cave (1789)). In summary, an offer is a promise by an offeree to enter into a binding agreement, assuming all terms specified by the offeror are accepted. An invitation to treat is the stage prior to an offer in most cases and simply shows willingness by the invitor that they are prepared to enter into negotiations, which may or may not lead to an offer and subsequent acceptance. When two parties have come to a contract or rather what appears, on the face of it, to be a contract the fact that one party is mistaken as to the identity of another does not mean that there is no contract, or that the contract is a nullity and void from the beginning, per Lord Denning MR in Lewis v Averay (1972). How far is the above statement a true reflection of the law? In order to claim a case of mistaken identity there must be at least one of two principles proven. Firstly, the party alleging the mistake must show that he has confused the other party with someone else. In addition, he must be able to show that he had a reason to wish to deal with the intended person. Secondly, the party alleging the mistake must be able to show that he had made reasonable attempts to establish the identity of the party with whom they were intending to form a contract. For a contract to be voided void ab initio, from the beginning, it must be rescinded before the rogue passes the property on to a third party. If this is not the case then the rogue has good title to the property and can pass on the property with good title. In the case of Lewis v Averay (1972) the identity of the rogue was not apparent until after the attempted cashing of the cheque so the rogue had good title throughout the transaction (Phillips v Brooks (1919). The only way Lewis could have voided the transaction would have been to inform the police that the fraud had taken place prior to the goods being passed on and that would have rendered the contract voided. Had Lewis taken further steps at the outset to establish the identity of the rogue he may have been successful in his claim (Ingram v Little (1960)). According to Lord Denning MR in Lewis v Averay (1972), Mr Lewis was only questioning the creditworthiness of the rogue when asking him for identification and therefore the contract was already formed and valid. Receipts had been written and exchanged, along with the cheque. The issue of the identity of the rogue only came to light when Lewis tried to cash the cheque. Because the contract was not voided prior to the property changing hands, the third party (in this case Averay) has acquired good title to the property (Phillips v Brooks (1919)). Had the rogue not sold the property on to a third party the contract would have been between the rogue and Lewis so therefore the contract would have been voidable for fraudulent misrepresentation (Lake v Simmons (1927)). This area of the law is subject to debate among many judges but they all do seem to agree that the case of mistaken identity is classed as a unilateral mistake and the effect on the contract is to void it. However, this only true when the person who makes the mistake was actually intending to form a contract with a specific person and for a specific reason (Cundy v Lindsay (1878)). When the person makes a mistake about the identity of the person in his presence (whether misrepresented or not) but was willing to form a contract with the person in his presence, then the law states that the contract is valid (Phillips v Brookes (1919) Lewis v Averay (1972)).

WW1888 essays

WW1888 essays World war I began in the Balkans, which was the same place many small war took place. Archduke Francis Ferdinand was the heir of the throne of Austria-Hungary; he hoped that his sympathy for the Slavs would ease the tension between Austria-Hungary and the Balkans. He and his wife had arranged to tour Bosnia. As the couple rode through Sarajevo on June 28, 1914, an Asian by the name of Gavrillo Principe jumped on their car and fired two shots. Francis and Sophie, did almost instantly, Gavirle Principe, was linked to a Serbian terrorist group called the Block hand. The Assignation gave Austria-Hungary a good reason to crush Serbia, a lay time emerge in the Balkans. But first they gained Germanys promise to support them in any action they took against Serbia. Then they sent Serbia a list of Humiliating demands on July 23. Serbia accepted most of the demands and offered to have the rest settled by an international conference. Austria-Hungary rejected the offer and declared war on Serbia on July 28 1914. It was expected to be a quick victory. Germany had a war plan witch had been prepared by Alfred von Schliffer in 1905. Schliffen was the chief of the German General staff; witch was a group of officials who provided advice on military operations. The plan assumed Germany would have to fight both France and Russia a quick defeat of France while Russia was slowly mobilizing. After they defeated France they would have to deal with Russia. If war came Germany would have to strike first. After the plan was put in motion, the system of military alliances almost assured a general European war. The plan said that there was suppose to be 2 wing of the German army to come in and crush the French arm in a pinchers move. The left wing would be smaller to defeat Germany along side of France. The larger right wing was supposed to invade French in through Belgium, encircle and capture the capitol of France and then move east. This plan relied...

Motivation, Stress, and Communication Research Paper

Motivation, Stress, and Communication - Research Paper Example Additionally, the position has the responsibility of staffing and directing a sales team, providing headship towards the accomplishment of utmost profitability and growth in tandem with the vision and values of the company. Furthermore, the individual will have the task of instituting procedures and stratagem to enlarge the client base in the marketing area and contribute to the advancement of training and instructive programs for consumers and account executives. Responsibilities and Accountabilities The individual will have the task of devising a business plan and sales strategy for the assigned areas that guarantee the attainment of the firm’s sales goals and profitability. The individual will be in charge of the performances and development of the account executives. Furthermore, the individual is expected to conduct and coordinate, at individual as well as team level, effectual searches of sales leads and prospects. In line with the company’s development plans, the individual has to prepare strategies aimed at penetrating new markets and maintaining already existing markets. Apart from the harmonization of sales activities, the individual has to perform personalized reviews with all account executives to institute effective communication. This will be in order to gain a clear understanding of training and development requirements, and to provide information in the improvement of Account executives sales and activity performance. He has the task of providing timely feedback of the performance of new products in his market region to the VP of sales. The marketing and sales manager, at the beginning of each month, will hold counsel with all sales persons in his region to establish realistic sales objectives. Consequently, by following the drafted course of action, or making alterations, the individual has to achieve the projected sales. He/she has to monitor the performance of the sales persons in his charge. Additionally, the person has to have a keen understanding of the company’s fiscal data to gain insight on what is happening in the assigned region. The marketing and sales manager will, apart from maintaining a high level of personal motivation, coach, counsel, prop, and motivate sales personnel in the region. Concerning the sales personnel, the manager will monitor their performance comparing it with the previous period’s performance and make suitable resolutions. Concerning products, the individual will bear the task of developing appropriate displays for the products where necessary. He/she also has the duty of handling all complains from customers regarding the products sold. Significantly, the individual must be capable of maintaining continual professional growth, improving sales skills, managerial skills, business skills and product comprehension. Relationships and Roles The Job requires an individual with familiarity of 5 years in sales supervision. The individual should be familiar with technolo gical trends, especially in the gadget field. Broad practice in all facets of SRM is a prerequisite. The individual should bear a confirmed record in managing and heading highly-trained, motivated, successful, and achievement oriented sales force. He/she should further demonstrate strong leadership aptitudes. A strong comprehension of consumer and market dynamics is a requirement, and the ability to thrive in a fast-paced and vibrant market setting. The interested individual should

Sugar Essay Example | Topics and Well Written Essays - 1500 words

Sugar - Essay Example Purchasing for Sugar is not centralized. At the same time the present process of purchasing follows none of the established rules of purchasing for a chain of stores. In fact there is no standardized purchasing strategy. â€Å"Purchasing strategy includes long term agreement, product design collaboration, and seamless supply chain process between the trading partners.† (Ling Li, page 63)i. Purchasing at Sugar stores is not even scientifically decentralized as delegated purchasing at Sugar shops does not owe accountability to the management. A mixed sort of purchasing system is being followed wherein individuals take up purchasing responsibility on the basis of their experience and contacts in the market. With the result all those advantages of centralized purchasing like economies of scale and others, as discussed later part of this assignment, are not being attained. Costlier hybrid or mixed style of purchasing system is bound to shrink the turnover and profitability. Cash and Carry style of purchasing, adopted by Sugar stores, means branded apparel are not being sold at Sugar stores. Branded apparels are designed as per the prevalent market and fashion trends. In fact brands set the fashion trend in the market. There is always a scientific process involved in fabrication of branded apparels. Designers introduce styles that become craze during the coming session. These branded styles of garments are fabricated only for those business houses that care for fashion and styles. Increased sales automatically follow such brands. Charles W. Lamb and other (page 309)ii believe that â€Å"retailers love consumers’ increased acceptance of private brands.† The styles that attract sales are not available in whole sale stores from where Sugar stores are making purchases. Accordingly the purchasing approach of Sugar is rather negative. Management of Sugar is not interested in taking risks and that is why sales at such stores are a cause

Existentialism is a Humanism Essay Example for Free

Existentialism is a Humanism Essay In Existentialism is a Humanism, Sartre explains that in human beings, â€Å"existence precedes essence. † Meaning, humans are created without any purpose, but with growth and maturing they find their purpose. J. P. Sartre gives the example of the paper clip, noting that this inanimate object was created with the intent of a purpose. Therefore, that idea lead to it’s creation. He uses this example to demonstrate â€Å" essence precedes existence. † He states, â€Å" man is nothing else, but what he makes of himself. † Simply put, us as humans are first born than we create our own paths in our lives and who we shall be in life. This explains that through our actions and decisions we make in our lives, molds us into the beings we become. Further mentioning that we are the choices we make, are we responsible for who are as individuals because of that. Sartre goes on to say there are two kinds of existentialists. One of them being Christians, Catholics, or people who believe in God. As well as atheistic existentialists who do not believe in God such as himself. However, one thing they share is both groups believe in the idea of â€Å" existence precedes essence. † But, those who believe in God believes God was a superior power who created people with a purpose, which ties into the idea of the paper clip. With that being said, though men has diverse traits and characteristics, they share the same basic qualities because if human nature. On the other hand, the atheistic view believes God is nonexistent and a man starts as nothing and later defines himself. Therefore, Sartre states, â€Å"There is no determinism, man is free, man is freedom†¦. We have no values or commands to turn to which legitimize our conduct. † In other words, we have no excuses, and we are entirely responsible for our decisions. Therefore, there is no God to provide guidance on the proper way to live and we must find that out through our choices. He goes on the idea of subjectivism, saying that one man’s acts creates the image of every man as a whole. Which, develops the idea of what men ought to be as individuals. Sartre also replies that, â€Å"it is impossible for man to transcend human subjectivity. † He isn’t saying â€Å"I prefer subjectivity over objectivity,† he’s asking, â€Å"how can we possibly not be subjective? † Even the religious individual who believes that morality is absolute and comes from God must, at some point, choose to believe that this is the case. Our responsibility is a blessing and a curse. It leads us to feel things like anguish and despair. We experience anguish in the face of our subjectivity, because by choosing what we are to do, we â€Å"choose for everyone†. When you make a decision you are saying â€Å"this is how anyone ought to behave given these circumstances. † Many people don’t feel anguish, but this is because they are â€Å"fleeing from it. † If you don’t feel a sense of anxiety when you make decisions, it’s because you are forgetting about your â€Å"total and deep responsibility† toward yourself and all of humanity. Despair arises because we only have power to change things that are within our power to change, and there is a lot we cannot change. With that being said, reality is unbiased and out of our control, except for small aspects of it here and there. We despair because we can never have full control of the future. However, we are the rulers of our lives, we take the responsibility of our actions and ourselves in general. Regardless of what you believe, this cannot be any other way.

Essay example --

Lynn Armstrong Composition II Illustration Essay 11 March, 2014 O Captain! My Captain! Walt Whitman was a 19th century American poet who changed the rules for writing poetry. He is one of my favorite poets because he was bold enough to openly talk about sexuality and same sex couples in his works during a time where such things were looked down upon and even banned. He also aided the nation to understand and face the grief they felt after the loss of a respectable and loved authority figure. With O Captain My Captain, Walt Whitman captures the contrasting duality of the times; both triumphant and mournful in nature. Of all of his colorful, imaginative poems this one in particular resonates with me because the poet's heartbreak is so real and apparent in the poem's somber and pleading tone. This poem begins energetically, in the first couplet although it does not introduce you directly to the subject of the poem. What we know is that a ship commanded by an unnamed captain has come back from a voyage, which has apparently been dreadful. (Terrinino) I can perfectly imagine the ship being meant to symbolize America during the Civil War and the damage caused by it. Also, the prize that was won is obviously the victory of the Civil War. While in the second couplet, "The port is near, the bells I hear, the people all exulting, While follow eyes the steady keel, the vessel grim and daring:". This passage comes off particularly enjoyable to me because it talks about the men finally coming home from the war and the enthusiasm that awaits them when they get home. It has been a long, perilous journey for the soldiers. I don't have to try to imagine that they are excited about finally being able to be reunited with their families because ... ...es the steady keel, the vessel grim and daring; But O heart! heart! heart! O the bleeding drops of red, Where on the deck my Captain lies, Fallen cold and dead. O Captain! my Captain! rise up and hear the bells; Rise up—for you the flag is flung—for you the bugle trills, For you bouquets and ribbon’d wreaths—for you the shores a-crowding, For you they call, the swaying mass, their eager faces turning; Here Captain! dear father! The arm beneath your head! It is some dream that on the deck, You’ve fallen cold and dead. My Captain does not answer, his lips are pale and still, My father does not feel my arm, he has no pulse nor will, The ship is anchor’d safe and sound, its voyage closed and done, From fearful trip the victor ship comes in with object won; Exult O shores, and ring O bells! But I with mournful tread, Walk the deck my Captain lies, Fallen cold and dead.

Starch Lab

Krupa Desai Cell Biology April 3, 2013 Lab: Biosynthesis of Starch Introduction: In this lab we learned the concept and procedure of synthesizing starch. We also learned the effects of pH and temperature on the reaction rates of amylase.. In the process of the synthesis lab we learned phosphorylation using a potato, which was what we synthesized. The phosphorylation took place after the addition of primer. There are two different types of starches used are amylose and amylopectin.To test for the presence of starch, the Starch Test is used. This is a simple test in which iodine is added to a given solution. If a polysaccharide such as starch is present then the iodine ion will lodge itself in the polysaccharide chain and give it a black-blue color. If iodine added to a solution turns black-blue than starch is present. If the solution remains the color of iodine, reddish-orange, there is no starch present, a negative test.In our experiment we scale the color we see in comparison to the neutrals to test for the amount of starch. Methods/Materials: See print out Data Table:Below Time in minutes| Tube 1| Tube 2| Tube 3| Tube 4| Tube 5| Tube 6| Tube 7| 0 mins(TO)| 0| 0| 0| 0| 0| ++| +++| 3 mins| 0| +| 0| 0| +| +| +| 6 mins| +| ++| +| +| +++| +++| +++| 9 mins| 0| +++| +| 0| +++| +++| ++++| 12 mins| 0| +++| +| 0| +++| +++| ++++| 15 mins| 0| +++| +| 0| ++++| ++++| ++++| 18 mins| 0| +++| ++| 0| ++++| +++| ++++| 1 mins| 0| +++| ++| 0| ++++| +++| +++| 24 mins| 0| +++| ++| 0| +++| +++| ++++| 27 mins| 0| ++++| ++| 0| +++| +++| ++++| 30 mins| 0| ++++| ++| 0| ++++| ++| ++++| Discussion: This lab gives a better understanding of biosynthesis of starch. As you can see with our data we had some discrepancies in tubes where glucose was present no starch should have been found however we have â€Å"+† in a few of the time slots this could be do to the interpretation of color or some spill over.Since we were trying to get exact times the drops could have splattered over into a nother part of the dish and contaminated some of the other tubes overall our data is fairly accurate however tube 7 had the most phosphorylation because it turned from blue to black over time. Some of the other tubes although had the presence of starch did not alter much over time in fact most stayed the same. Additionally it is concluded the pH and temperature greatly effect the reaction rate of enzymes.