...1. Formation of the contract Offer and Acceptance * “The law’s treatment of advertisements and the displays of goods in shops reflect ideas of freedom of contract as well as common sense in commerce.” Discuss. Postal Rule * “The postal rule may have been justified by the forms of communication at the time the rule was articulated but its continued use is akin to ‘flogging a dead horse.'’’ Discuss. * “The postal rule may seem anachronistic, yet although it does reflect the age in which it came into being, it remains applicable in the age of electronic communications.” Discuss. * “The postal rule may have been the correct rule to apply to the acceptance of an offer at the time it was created, but in an age of electronic communications it should be abolished.” Discuss. * With reference to the postal rule, critically assess the way in which literature and history can shed light on a principle of law. * The postal rule may have made a lot of sense at the time it was first articulated but it is not suited to modern forms of communication. Discuss. Intention to create legal relations * “The requirement that parties ‘intend to create legal relations’ is an outdated, unjust and unnecessary element of the law of contract formation.” Discuss. * Explain the test or tests that have been used to distinguish between: (1) an invitation to treat and an offer and (2) a counter offer and a request for further information. * “The law on the requirement...
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...Contract Formation and Remedies Crystal Thorne LAW/421 July 13, 2015 Robert Tischer Contract Formation and Remedies In the scenario, Mary tells Liam and Mike that she will give them $2,500 if they paint her house. Jane, Mary’s neighbor, overhears Mary’s statements. The next day while Mary is at work, she sees an ad by Bill's painting that states, "Bill's will paint your house for $1,500, satisfaction guaranteed, or your money back." Mary calls' Bill's and arranges to have her house painted. When Mary returns home, she finds Liam and Mike hard at work and her house half painted. She screams at them to stop and orders them off her property. Bill's workers come the next day and paint the house. Liam and Mike come to you for advice because Mary refuses to pay them ("University Of Phoenix", 2014.)” The claims that Liam and Mike have against Mary are the fact that she did not want to pay them. This could be hard for them to prove that she gave them the job. There was no contract written up. They did have a witness to a verbal contract Mary’s neighbor overheard what was said that Mary would give them $2,500. Nevertheless, when they were talking there was no date set to start work. She did not call them and tell them that she did not want the work done. Depending on what state that they live in then she may have to pay them for the work they did and for what they call pain and suffering. She would also have to pay all the court cost if they win. ...
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...ADVANCED CONTRACT FORMATION AND ADMINISTRATION Examination Questions 1. Describe the three levels of competition permitted under the Competition in Contracting Act (CICA). Give an example of each. a. Full and open competition; Full and open competition means that all responsible sources are permitted to submit sealed bids or competitive proposals on the procurement. It is the preferred form of contracting and includes contracting by sealed bids, negotiation, and other procedures. Example: b. Full and open competition after exclusion of sources Full and open competition after exclusion of one or more sources is used when the U.S. Government excludes certain potential sources from consideration for a contract in order to establish or maintain alternative sources c. Other than full and open competition Under this method, a bid or proposal is solicited from one, or very few, sources. Detailed justification and approvals are required to document the choice of other than full and open competition as a means of acquisition. Example: The Department of Homeland Security, Office of Procurement Operations, proposes to enter into a contract on a basis other than full and open competition. DHS has a requirement on a sole source basis to upgrade and maintain proprietary software at an estimated cost of $7,550,000. List the name and address of the proposed contractor(s). 2. What is meant by the term “ratification” of a contract action? Who has the authority to...
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...later claims that the product leased to them was of inferior quality and has been owned for less than a month, whereas Non-Linear Pro is trying to charge them for a three-month lease. A noteworthy point is that none of the owners of the company have signed the lease. It has been signed by a third party agent appointed by the company to place and receive orders on their behalf, while one of the owners states that the agent is not authorized to sign any documents on the company’s behalf. This paper aims to discuss if the contract formation was achieved and if a third party agent was authorized to sign a contract on behalf of the company. Second, the paper discusses the policies and procedures, which, if pre-defined by Quick Takes Video, would have avoided such a situation from arising. Third, the paper discusses another option, besides arbitration, which the companies can use to work through this dispute in a timely, low-costing and effective manner. Contract Creation and Management In the abstract above Karen, one of the owners of Quick Takes Video, raises her concern that the third party agent Janet was not authorized to sign any document on company’s behalf. But according to Hal, Janet is responsible for most of buying for the company and has been signing the receipts in the past. So it seems that Janet does have some implied authority to sign a document on behalf of the company. Also Janet was told to ‘work out the details’ with the Non-Linear Pro salesman. This statement...
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...FORMATION OF CONTRACT FORMATION OF CONTRACT 1. INTENTION to create legal relations Carlill v Carbolic Smoke Ball Co ‘Test’ of intention (I) to determine if agreement between parties were intended to have contractual force Edmonds v Lawson Domestic Agreement (NI) btwn close family members are not legally binding Balfour v Balfour Cohen v Cohen Domestic Agreement (I) with additional circumstances Merritt v Merritt Wakeling v Ripley Agreement btwn friends/ to provide charitable services (NI) are not legally binding Teen Ranch Pty Ltd v Brown Agreement btwn friends/ to provide charitable services (I) with additional circumstances Ermogenous v Greek Orthodox Community of SA Inc Commercial Agreement (I) have intention to be legally bound Carlill v Carbolic Smoke Ball Co Esso Petroluem Co Ltd v Commissioners of Customs & Excise Final creation of contract can be delayed if that is what the parties intended – when formalities are completed Masters v Cameron Perry v Coolangatta Investments Pty Ltd ‘Letter of Comfort’ given by creditor to debtor as obligations assurance may/may not intend to be legally binding MAY - Banque Brussels Lambert SA v Australian National Industries Ltd MAY NOT - Commonwealth Bank of Australia v TLI Management Pty Ltd 1. INTENTION to create legal relations Carlill v Carbolic Smoke Ball Co ‘Test’ of intention (I) to determine if agreement between parties were intended to have contractual force Edmonds v Lawson Domestic Agreement (NI) btwn close...
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...www.studyguide.pk UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2009 question paper for the guidance of teachers 9084 LAW 9084/03 Paper 3, maximum raw mark 75 This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before marking began, which would have considered the acceptability of alternative answers. Mark schemes must be read in conjunction with the question papers and the report on the examination. • CIE will not enter into discussions or correspondence in connection with these mark schemes. CIE is publishing the mark schemes for the May/June 2009 question papers for most IGCSE, GCE Advanced Level and Advanced Subsidiary Level syllabuses and some Ordinary Level syllabuses. www.xtremepapers.net www.studyguide.pk Page 2 Mark Scheme: Teachers’ version GCE A LEVEL – May/June 2009 Syllabus 9084 Paper 03 Assessment Objectives Candidates are expected to demonstrate: Knowledge and Understanding – recall, select, use and develop knowledge and understanding of legal principles and rules by means of example and citation Analysis, Evaluation and Application – analyse and evaluate legal materials, situations and issues and accurately apply appropriate principles and rules Communication and Presentation...
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...An offer is where one party namely the offeror outlines the terms and conditions under which he is willing to be legally bound and the offeree is the person to whom the offer is made. It may be contested that an offer never last forever and there are several situations where an offer can be terminate and these can range from lapse of reasonable time, failure of a pre-condition to counter offer amongst others. If an offer is not accepted then there can be no legal contract between both parties An offer may be terminated when reasonable time has lapsed as was in the case of Ramsgate Victoria Hotel v Montefore (1866) where the defendant applied for shares in the hotel company. He heard nothing and then after 5 months he received a letter of acceptance. By this time he had decided that he did not want the shares. The courts held that the lapse of time was so great that the offer to buy the shares had lapsed. This case shows that an offer doesnot last forever. Where an offer was made subject to a pre-condition and it was found that the condition was not what had been expressed in the offer, the offeree can refuse the offer as expressed in the case Financing Ltd v Stimson (1962). In this case, the defendant signed an "offer to buy" a car on hire-purchase from a finance company. The document had been given to him by the car dealer. The document had a clause which said that the agreement would not be binding until it had been accepted by the finance company. The defendant...
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...Defenders For the defence Rodgers brought in three defenders- Dejan Lovren, Alberto Moreno and Javier Manquillo. Dejan Lovren seemed to excite a lot of Liverpool fans when he signed in the summer. A transfer fee of £20 million after a great season in the successful Southampton side which managed an 8th placed finish. Lovren has made a slow but steady start. He has showed some signs of promise, being tall, strong and winning balls. However there is still signs of that shaky defence from last season with Lovren now in the centre of the chaos as we have already conceded 15 goals in 11 games. This season. Rodgers brought in two Spaniards. Javier Manquillo, a right back, and Alberto Moreno, a left back. Javier Manquillo, who is on loan from Atletico Madrid for the season, looks promising but he is only 20 and still has a lot to learn when it comes to both defending and going forward. Moreno, another young full back at 22, looks good going forward, with a lot of pace and power shown especially with his goal in the 4-0 beating of Spurs at White Hart Lane, however at 22 he can still improve defensively, but with the reds splashing out £12 million from Sevilla on the Spaniard, he really needs to step up, along with the rest of the back four. Midfielders Rodgers brought in three midfielders. These were Emre Can, a central midfielder, Adam Lallana, who can play on the right of midfield or in the number 10 role, and Lazar Markovic who is a winger. The next signing we will come to is...
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...Smith The Formation of a Star The basic idea of star formation is gravitational collapse – the contraction of a region of gas under the influence of gravity. This is a simple process that would be expected to occur in any region of material dense enough for collisions between atoms to radiate away energy. However, the gas must be dense enough for collisions to occur and the temperature must be low enough for the atomic velocities not to be able to escape the system's gravity, so star formation only occurs in a few areas. The sites of star formation in the galaxy are mostly located within molecular clouds – expansive, cool clouds of mostly hydrogen and helium gas. Molecular clouds are on average too diffuse to contract gravitationally, but within a cloud are regions of locally higher density, which are the sites of active star formation. It is not known exactly what causes molecular clouds and star-forming regions to be distributed as they are. However, it appears to be related to the spiral-arm structure of spiral galaxies, which is thought to be the result of density waves passing through the disk, compressing matter and igniting star formation in their wake, leaving the trails of young, hot, blue stars in their wake that are the primary feature of spiral galaxies. The distribution of gas in these regions is probably erratic enough that once a sufficient compression comes through a large number of separated regions will be triggered to contract individually...
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...A compound word is made when two words are joined to form a new word. Definition In English, words, particularly adjectives and nouns, are combined into compound structures in a variety of ways. And once they are formed, they sometimes metamorphose over time. A common pattern is that two words — fire fly, say — will be joined by a hyphen for a time — fire-fly — and then be joined into one word — firefly. In this respect, a language like German, in which words are happily and immediately linked one to the other, might seem to have an advantage. There is only one sure way to know how to spell compounds in English: use an authoritative dictionary. There are three forms of compound words: the closed form, in which the words are melded together, such as firefly, secondhand, softball, childlike, crosstown, redhead, keyboard, makeup, notebook; the hyphenated form, such as daughter-in-law, master-at-arms, over-the-counter, six-pack, six-year-old, mass-produced; and the open form, such as post office, real estate, middle class, full moon, half sister, attorney general. How a word modified by an adjective — "a little school," "the yellow butter" — is different from a compound word — " a high school," "thepeanut butter" — is a nice and philosophical question. It clearly has something to do with the degree to which the preceding word changes the essential character of the noun, the degree to which the modifier and the noun are inseparable. If you were diagramming a sentence with a...
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...designated position within the formation. Performance Steps 1. Fire team formations describe the relationship of the Soldiers in the fire team to each other. Standard fire team formations are the wedge (figure 071-326-0501-1), modified wedge (figure 071-326-0501-2), diamond (figure 071-326-0501-3), and file (figure 071-326-0501-4). a. Fire team wedge (figure 071-326-0501-1). This is the basic fire team formation which— (1) Is easy to control. (2) Is flexible. (3) Allows immediate fires in all directions. (4) Offers all round local security. Figure 071-326-0501-1. Fire team wedge STP 21-1-SMCT 18 June 2009 071-326-0501 3-165 Performance Steps b. Fire team modified wedge (figure 071-326-0501-2). When rough terrain, poor visibility, or other factors reduce control of the wedge formation, the sides are closed up to (almost) a single file. When moving in less rugged terrain and control becomes easier, resume your original positions. The modified wedge is also used for extended periods when traveling on roads or trails. The modified wedge— (1) Is easier to control in reduced visibility or rough terrain than are other formations. (2) Offers less flank security than a wedge but more than a file. (3) Masks fires initially to the front and rear for the majority of the team. Figure 071-326-0501-2. Fire team modified wedge c. Fire team diamond (figure 071-326-0501-3). This formation is a variation of the wedge. It...
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...The Meaning of Identity: A Brief History The term identity as the dictionary defines it today is almost as new as the sciences devoted to studying it. The definition of the word identity has undergone several transformations since it was first used by European philosophers emerging from the Dark Ages. It wouldn’t be until 1950 that the word would undergo its final stage, the one seen used in psychology textbooks across the world. Erik Erikson’s eight stages of the life cycle gave us its modern meaning. The way the term identity has been used by philosophers in the past has given it definite significance and seriousness. Despite this, its use in relation to the individuality of a person was very casual and lacked depth. Only recently has the term identity come to represent an analytical psychological concept (Gleason, 1983). Before modern social sciences evolved, the term identity was associated with philosophical thought and the ever-present questions about the mind-body connection and the nature of self. The root of the word identity is Latin in origin. The word is “idem” and it means “the same.” The word identity has been found in philosophical texts going back to 1690 with John Locke’s “Essay Concerning Human Understanding” (Gleason, 1983). The term seemed to be used only to describe “self” as the philosophers viewed it. The definition of identity that we have today did not come about until much later and when it did it gave much insight into issues that...
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...RUNNING HEADER: ENVIRONMENTAL ANALYSIS Environmental Analysis Strategies for Competitive Advantage MMPBL/590 April 30, 2012 Professor Adeline Boomgaard Wilson began as a private distribution company in 1921. In April 1998, Wilson was purchased by Smith International, Inc. and has since executed major acquisitions on its own accord, purchasing Continental Emsco in 1999, Texas Mill Supply in 2000, and Van Leeuwen (USA) in 2001, as well as a number of smaller acquisitions along the way. These acquisitions have strengthened Wilson’s ability to offer products and solutions to the customer, including PVF, Mill, Tool, Safety, and Janitorial products, Integrated Supply, Inventory Management, Warehouse Management, Supplier Management (Wilson, 2012). Wilson Supply is currently working on the strategic plan for the upcoming year for the Bakken region which is located in the Northern Rockies Region of the United States. The hub of the Bakken is located in Stanley, North Dakota. In creating a strategic plan the company had decided to perform an environmental analysis. An environmental analysis is the evaluation of the possible or probable effects of external forces and conditions on an organization's survival and growth strategies (Business Dictionary, 2012). Wilson Supply understands that there are many factors that can impact the analysis. In order to limit the amount of information that the analysis will bring the company is focusing on the following elements along with sub-elements...
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...Types of Word Formation Processes Compounding Compounding forms a word out of two or more root morphemes. The words are called compounds or compound words. In Linguistics, compounds can be either native or borrowed. Native English roots are typically free morphemes, so that means native compounds are made out of independent words that can occur by themselves. Examples: mailman (composed of free root mail and free root man) mail carrier dog house fireplace fireplug (a regional word for 'fire hydrant') fire hydrant dry run pick-up truck talking-to In Greek and Latin, in contrast to English, roots do not typically stand alone. So compounds are composed of bound roots. Compounds formed in English from borrowed Latin and Greek morphemes preserve this characteristic. Examples include photograph, iatrogenic, and many thousands of other classical words. Note that compounds are written in various ways in English: with a space between the elements; with a hyphen between the elements; or simply with the two roots run together with no separation. The way the word is written does not affect its status as a compound. Over time, the convention for writing compounds can change, usually in the direction from separate words (e.g. clock work), to hyphenated words (clock-work), to one word with no break (clockwork). If you read older literature you might see some compound words that are now written as one word appearing with unfamiliar spaces or hyphens between the components Another...
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...Liberty University Discipleship Ministries Project A paper submitted to Dr. Zabloski In partial fulfillment of the Requirements for the course DSMN 500 Liberty Theological seminary By Jonathan L. Keene Lynchburg, Virginia Sunday, May 12, 2009 Table of Contents Introduction 4 Diagnosis of Need 5 Target Group 6 Vision Statement 6 Goals 7 Lessons Gleaned from Scripture 8 Formulation of Objectives 12 Competencies Expected of Disciples attending Recovery in Refuge 12 Selection of Content 13 Setting Captives Free 13 Life Principles for Worship from the Tabernacle 14 Celebration of Discipline 14 Shatter the Darkness 14 Scope and Sequence Plan 15 Phase 1: Repentance, Redemption, Recovery 15 Phase 2: Regeneration 16 Phase 3: Rescue-Reaching Out 18 Phase 4: Real Life 20 Partnership with the Refuge Counseling Center 20 Conclusion 21 Self-Assessment of How the 5 Essential Activities of an Education that Produces Disciples Was Incorporated and Integrated 22 Resources to be used in Recovery in Refuge 25 Bibliography 26 Works Consulted 27 Introduction At Crossroads Community Church in Nampa Idaho the catchphrase is ‘Refuge.” The church has developed what it calls a “Theology of Refuge.”[1] They state, “Crossroads is built around the idea of being a church...
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