Aspects of Negligence of Contracts - Free Essay Example

Sample details Pages: 6 Words: 1850 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? Aspects and negligence of Contracts Task 1 Alià ¢Ã¢â€š ¬Ã¢â€ž ¢s offer is a unilateral offer meaning that it is an offer to the world at large and that any person wishing to buy the rug can present himself to be the owner of the rug, at the same time the client should satisfy all the terms of the offer of Ali. This type of offer is seen in the case of Carlill v Carbolic Smoke Ball Co[1893] 1 QB 256 In this case there was an advertisement in the newspaper placed by a company  £100 reward will be paid by the Carbolic Smoke Ball Company to any individual who tires the smoke ball as prescript and who will still be a contaminated by the influenza Mrs Carlill purchased some smoke balls and used them according to the directions and caught flu. She sought to claim the stated  £100 reward. The Court decided that Mrs Carlill the was permitted to receive the reward that was offered as said in the unilateral offer , as she used them as they were prescript. To conclude, the offer of Ali which is also a unilateral offer; it is prÃÆ' ©cised enough, there is consideration and thus anyone who is interest to buy the rug has all the required informationà ¢Ã¢â€š ¬Ã¢â€ž ¢s and is free to come to buy it. Don’t waste time! Our writers will create an original "Aspects of Negligence of Contracts" essay for you Create order What is a contract? Acontractis alegal agreement between minimum two persons which is recognised and enforced in the admin of justice. The agreement consist of an offer and an acceptance Acceptance is the final and unqualified assent of all the term of the offer. An offer is a proposal made by the offeror to the offeree. The advertisement of Ali was an offer, bud sent a letter to try to buy the Rug, but it was not a condition in the offer. The postal rule cannot be used in this case as Ali prÃÆ' ©cised in his offer that the first to come with the money in cash will be the owner of the rug the letter from bud was only an attempt not a letter of acceptance. The postal rule has been set up after there was a case named Adam v Lindsell, in this case the court has decided that a contract was set up at the time the letter was posted. This rule is applied when the post is the form of communication between the offeree and the offeror, the letter should contain all valid information and the ex act address and then the acceptance take place on the date on which the letter is posted. To conclude this case Bud has not entered into a contract with Ali as there was no acceptance from Bud to the offer of Ali; Bud has not followed the terms of the offer. Therefore Bud has not entered in a binding contract with Ali. In this case, there was no contract between Cil and Ali, As Cil came to the shop to buy the rug with the exact amount of money but he brought a cheque and in his offer Ali told that the interested client has to come with the amount of money in cash. Cil has not accepted the contract; there was no acceptance. But Cil tried to do a counter offer to Ali by trying to buy the rug with as cheque. A counter offer means that Cil has tried to make a new offer that alter any terms of Alià ¢Ã¢â€š ¬Ã¢â€ž ¢s offer. A counter offer is seen in the Case of Hyde V Wrench. In this case the court decided that a counteroffer negates the original offer and the offer of Wrench had not been declined before Hyde accepted it and his acceptance created a binding contract. To resume, Cil has made a counter offer i.e. a new offer to Ali ; as Ali has not accepted the new offer there was no agreement thus no contract between them. Cil has no right of action against Ali In this case Das did not do a counter offer to Ali, he just asked Ali if he could keep the Rug until he gets money from his bank. There was consideration from Ali as he told he would wait for Das to come with the money but there was no consideration from Das. Consideration is the price that a party pays in return of a promise. As there was consideration from Ali only, they did not enter into a contract with each other. To conclude there was no contract thus no legal aspects; Das cannot take any action against Ali. Task 2 In this if bob has to sue someone it will be the Tidy skips and not Syd because of the vicarious liability act which is an attempt to make an employer responsible of the damage caused by his employees. It has to satisfy to specific conditions The tortfeasor was an employee The tort was committed during the course of his employment. In this case both conditions are satisfied as Syd is an employee of the Tidy Skips Company and the accident was on his way while delivering the car to Bob. But the Tidy skips is going to rely on the exclusion clause; a term in a notice which appears to exclude or restrict a liability or a legal duty which would otherwise arise. There are three hurdles to overcome so that the tidy skips cannot be sued; Proper incorporation into the contract, it means that the notice should be inside the contract at the start. There a 3 ways that the incorporation of an exclusion clause should figure in the contract : Either a written contract with a signature at the end it is encountered in the case of Là ¢Ã¢â€š ¬Ã¢â€ž ¢Estrange v Graucob where the court has decided that as she signed the order form she was bound by all the terms contained in it irrespective of whether she had read the form or not. Consequently her claim was unsuccessful. A reasonable notice that figures into the contract at the time the client is going to analyse it. In the case of Olley v Marlborough Court Hotel it is seen that the notice was ineffective as it did not form part of the contract at first when the client looked at the contract. Proper dealings if there is an exclusion clause at one time, it does not mean that it will be applicable for the other time that it was not written on the contract. In the case of McCutcheon v MacBrayne the court has decided that there was no consistency in the course of dealings and therefore the clause was not incorporated. The defendant was liable to pay damages. The clause covers the loss. Head of loss i.e. the damaged items, here is the wall (premises) and the car (property) Where required the court would apply the contra-proferentem rule. It is a rule where by any clause considered to be ambiguous should be interpreted against the interests of the party that requested that the clause be included. Reasonableness of the clause. It is controlled d by Unfair Contract Terms Act (UCTA) Quoted from the clause 1977 In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damageà ¢Ã¢â€š ¬Ã¢â‚¬  (a)arises from the goods proving defective while in consumer use; and (b)results from the negligence of a person concerned in the manufacture or distribution of the goods, liability for the loss or damage cannot be excluded or restricted by reference to any contract term notice contained in or operating by reference to a guarantee of the goods. As all the three hurdles are not being overcome Bob can sue the Tidy Skips company and he will win his case against them as said above there is a guaranty of the good so he will get the money to repair his car as well as for his wall . Task 3 Types of liabilities Tort and contractual liabilities Torts are negative acts resulting in loss, damage or hurt to anyone else or against legal caused by a violation of the rights. A tort is a civil wrong, and the wronged person sues in civil court for compensation or an injunction against repetition. On the other hand, contractual liability exists when there is a contract that associates groups together. They are both applied in companies as well as within individuals. They also have differences the contractual law is the result of agreements while the tortuous is the result of law. Contract damages are based on expected losses compared to tort damages which are compensatory. This case is about the law of negligence which was settled after the case of Donoghue v Stevenson in this case the court has decided that Mrs. Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim was successful. This case established the modern law of negligence and established the neighbour test. There are rules to follow so that the negligence claim is successful; 1. The defendant owed a duty of care to the people; 2. The defendant violates that duty; The breach of dutycaused damage . In the case of Alice, Bobà ¢Ã¢â€š ¬Ã¢â€ž ¢s supermarket owes a duty of care to his neighbours i.e. the customers. Here the occupiers liability is concerned. The occupiers liability bases a common law of duty of care on the occupiers of the promise to its lawful visitors. The occupier can be anyone who has sufficient control on the premises, in the case of Wheat lacon Under the vicarious liability which is an attempt to make an employer responsible of the damage caused by his employee. This in this case Alice will have to sue Ben the owner of the supermarket, also because he due to his customers a duty of care. Alice can sue the employer of the supermarket who was cleaning the floor as he put the signs at the front door and Alice who was leaving the supermarket was not able to the à ¢Ã¢â€š ¬Ã…“wet floorà ¢Ã¢â€š ¬Ã‚  signs. References: Website: E-lawresources.co.uk, (2015). Carlill v Carbolic Smoke Ball Co. [online] Available at: https://www.e-lawresources.co.uk/ Carlill-v-Carbolic-Smoke-Ball-Co.php [Accessed 1 Jun. 2015]. E-lawresources.co.uk, (2015). LEstrange v Graucob. [online] Available at: https://www.e-lawresources.co.uk/LEstrange-v-Graucob.php [Accessed 5 Jun. 2015]. E-lawresources.co.uk, (2015). Olley v Marlborough Court. [online] Available at: https://www.e-lawresources.co.uk/Olley-v-Marlborough-Court.php [Accessed 5 Jun. 2015]. E-lawresources.co.uk, (2015). McCutcheon v MacBrayn. [online] Available at: https://www.e-lawresources.co.uk/McCutcheon-v-MacBrayn.php [Accessed 5 Jun. 2015]. TheFreeDictionary.com, (2015). head loss. [online] Available at: https://encyclopedia2.thefreedictionary.com/head+loss [Accessed 5 Jun. 2015]. Legislation.gov.uk, (2015). Unfair Contract Terms Act 1977. [online] Available at: https://www.legislation.gov.uk/ukpga/1977/50 [Accessed 5 Jun. 2015]. E-lawresources.co.uk, (2015). Donoghue v Stevenson. [online] Available at: https://www.e-lawresources.co.uk/Donoghue-v-Stevenson.php [Accessed 5 Jun. 2015]. Markedbyteachers.com, (2015). Compare torts liability with contractual liability and comment on the appropriateness of the former in business operations. University Law Marked by Teachers.com. [online] Available at: https://www.markedbyteachers.com/university-degree/law/compare-torts-liability-with-contractual-liability-and-comment-on-the-appropriateness-of-the-former-in-business-operations.html [Accessed 25 Jun. 2015]. Name of cases Carlill v Carbolic Smoke Ball Adam v Lindsell Hyde V Wrench Là ¢Ã¢â€š ¬Ã¢â€ž ¢Estrange v Graucob Olley v Marlborough Donoghue v Stevenson McCutcheon v MacBrayne Wheat v Lacon 1

A Tragedy Makes A Hero Essay - 1019 Words

A Tragedy Makes A Hero Show me a hero and I will write you a tragedy. A tragedy can be described and executed in many ways, whether it is through cinema, television or a play for theatre, as long as it has a solemn kind of ending. It is characterized as a very sad event, action, or experience for a certain character in the piece. According to Aristotle’s â€Å"Poetics,† a tragedy needs six elements, a plot, character, language, thought, spectacle, and melody, as in many dramas do, but the organization of the plot is how tragedy is brought about. (747) The plot – is the end for which a tragedy exists, and the end or purpose is the most important thing of all. (748) Tragedy often reveals a very basic message; whether or†¦show more content†¦Here we see Medea as the protagonist of the play. However â€Å"Medea† as a play lacks self-conscious recognition of error by its characters. Nobody in the play dwells on their actions or the happenings around them. 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Trends and Issues in Education Free Essays

Future Needs Change Current Issues and Trends in Education Historically education has changed over the years to meet the needs of children, and their ever changing mold. Society and governance has changed over history to save children from abuse, starvation, and provide educational opportunities but has not completely succeeded in these areas within minority classes. The educational gap between whites, blacks, and Hispanics is astoundingly large. We will write a custom essay sample on Trends and Issues in Education or any similar topic only for you Order Now This gap extends to healthcare, gun violence, criminal activity, and poverty. Since 1979, gun violence has ended the lives of 110,645 children and teens in America† (â€Å"State of america’s,† 2011). Gun violence is not a new issue to the United States. It can be dated back to the first presidential assassinations and the â€Å"old west†. Gun violence has escalated into religious and political assassinations up to school massacres starting with the Columbine shootings. The United States’ is not successfully helping our youth with gun prevention. In 1994 the federal government passed The Youth Handgun Safety Act which prevents juveniles from possessing firearms or ammunition. That same year they passed The Gun-Free Schools Act which prevents firearms on school campuses and requires LEA’s to a referral service of those students caught with a firearm (1996). Although the government has enacted these laws gun violence has escalated. According to The State of Americas Children â€Å"3,042 deaths of children and teens from gunfire in 2007 alone nearly equaled the total number of U. S. combat deaths in Iraq through July 2011 (3,480)† (â€Å"State of america’s,† 2011 ). Their data also shows that 11 children or teens die daily from gun related problems. It also states that even though there are fewer black boys in America they are more likely to come into a fatal blow with a firearm. African American males are more likely to die from a gunshot blow than any natural cause of death (1996). The sad issue here is that most of these minorities are the product of poor communities. The need to feel important can be a huge determining factor for these young males, and their need to be accepted into a group. Intervention programs need to be more readily available for these poverty areas. Every 34 seconds a child is born into poverty† (â€Å"State of america’s,† 2011). America has made significant advancements in technology, civility, and postmodernism but is still stuck in a time warp from the ‘70s when it comes to poverty. Today’s youth still face the poverty epidemic they faced 40 years ago. The demographic of poverty has changed due to the changing face of America, but the epidemic remains the same. Povert y affects a child’s educational performance and opportunities as well. The schools funds are rooted in property taxes. Most students of poverty live in areas with low property taxes and therefore school funding is low. Instead of the government making sufficient shifts in funding to give intervention opportunities and professional development, the time warp remains. Teachers come into education unaware of the issues poverty throws on its children. The government has â€Å"tried† to solve the educational poverty issue with No Child Left Behind. This act hides behind the blanket of all children are equal, but the truth is they are not. If they were then all children would have the same opportunities. There would be programs in place for summer enrichment to help stop the loss of information they experience during the summer. Poverty also shows itself in the minority groups and their graduation success rate. In 2006–07, 7. 7 million students attended poverty schools 33 percent African American and 35 percent Latino (â€Å"Child poverty in,† 2006). Only half of the African American male population actually graduates high school. Poverty is the root that bears down to hold on to generation after generation. If society does not change its ways of informing families and students then our society is going to keep falling behind. In order to make minority groups more successful in education, we are going to have to inform them on the statics of graduation, what is needed to graduate, be able to identify at-risk students, and show them the next step, college. If students have a vision of what is next, they can envision themselves on that path. My personal experiences help me and inhibit me in my understanding of the future of our youth. The fact that I grew up in poverty helps me see the need for intervention. If I was not exposed to the interventions that my school had in place then I would not have had the visions for what I needed to be successful. The downfalls to the interventions were that they were only for those A students. I was exposed to the next step because I did well in school. My mother and father were not high school graduates but pushed and showed that education was important. Though I grew up in poverty, I lived in the suburbs. This inhibits me with gun violence to a certain sense. The only gun violence I was exposed to was the untimely death of a classmate because he was playing with a handgun. I am not familiar with street gun violence, the need to be in a gang or the readily available hand guns. This kept me from seeing the issue of inequality until I reached the classroom as a teacher. I became a teacher in ’07 in an inner city school. My familiarity with growing up in poverty helped me connect with my all black classes. I knew when they first saw this â€Å"white lady† they would feel no connection but that quickly changed. They figured out that we had more in common than they thought. I used my experiences of the unknown to keep them from having the same unknowns. I may have no idea of the fear they live in with constant gunfire in their streets at night, I do understand the long, dark path that they see in front of them with no light to guide them through the goals they have rooted in them. I try to provide a spark in the beginning that will eventually lead to an ever burning light that shows them there is no dark place, that success is theirs. They can do and be anything they strive to be. Diligence and will are the keys to success. As an educator I have to stay educated on the adverse society we live in and the proven strategies that will help me be successful to keep my students successful. Our future needs a change in education, in poverty, and in thought. Technology is a beautiful tool, but our country has its hands in the wrong pocket. Taking from education is only hindering our future economic success by filling our prisons and emptying our school desks. Gun violence is being used by our youth as a tool for change but this change is a life altering change in the wrong the direction. Having politicians without educational background guiding our educational realm will continue to lead it into a hurricane of destruction. References (2009). African americans and education. Retrieved from http://naacp. 3cdn. net/e5524b7d7cf40a3578_2rm6bn7vr. pdf Aldridge, J. , Goldman, R. (2007). Current issues and trends in education. (2nd ed). Boston: Pearson Education. (2006). Child poverty in america. Retrieved from http://www. fightpoverty. mmbrico. com/facts/america. html (1996). Reducing Youth Gun Violence:, Retrieved from https://www. ncjrs. gov/pdffiles/redyouth. pdf (2011). State of america’s children. 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