...Contracts -- INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY -- 14 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Individual Assigment -Stephani Jayarathne- BTEC EDEXCEL HND DIPLOMA IN BUSINESS (MANAGEMENT & HUMAN RESOURCES) OFFERED BY INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS STEPHANIE JAYARATHNA BMK 31 ICBT KANDY CAMPUS SUBMITED TO: MRS KANCHANA LIYANAPATHIRANA 2013/07/21 Acknowledgement. It is with great pleasure I'm extending my sincere gratitude to my lecturer Mrs. Kanchana Liyanapathirana for the excellent support and guidance given to me in completing this assgiment successfully within the given period of time. I also would like to thank her for showing us some example that related to the questions of our assignment. The encouragement & cooperation given are always remarkable. Thank you! Executive Summary Table of contents Table of Contents Acknowledgement. 3 Executive Summary 4 Table of contents 5 Table of Figures 5 Task 01 6 1.1 Essential Elements of a Contractual Document. 6 1.2 Different Types of Contracts in the Business Field 9 1.3 Contractual Terms 10 Task 02. 11 2.1 Postal Rule 11 Reference 12 Table of Figures Figure 1 Employment contract document 8 Task 01 1.1 Essential Elements of a Contractual Document. A valid contract has the following elements. All of are required for a valid contract. 1. A valid offer and acceptance ...
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...Mrs. Bewey Bowden didn’t begin her career in painting. However, she has always worked in the creative arts, Mrs. Bewey Bowden began her career as a drama and speech teacher. From 1958 to 1985, she taught classes at Belhaven College, which is now Belhaven University. Subsequent to her passion for the theatrical arts, an affection for painting developed. Mrs. Bowden said, “That’s where I found my passion for colors, on stage. I learned the principles of using color are the same on both stage and when applied to canvas.” Mrs. Bowden didn’t take any formal art education classes, however, and began painting as a hobby. Mrs. Bowden says that she has been painting now for well over forty years. Mrs. Bowden has always had a love for performing, and she found that painting was “another way of performing and expressing herself.” For her the canvas is the “stage” and the colors are the “leading acts.” Mrs. Bowden prefers working on canvas with watercolors or oil paint. She loves working on medium to large canvases to capture her subject. She says, “I often paint subjects that are small in comparison to humans, such as flowers or apples.” When capturing a more expansive subject, like a landscape or an interior room, she prefers to use larger canvases so the painting can feel more “realistic.” Wet media like oils and watercolors are Mrs. Bowden’s favorite media to work with. However, currently she focuses mostly on watercolors. When Mrs. Bowden first began painting she was experimenting...
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...Merritt v Merritt [1970] 1 WLR 1211 Court of Appeal A husband left his wife and went to live with another woman. There was £180 left owing on the house which was jointly owned by the couple. The husband signed an agreement whereby he would pay the wife £40 per month to enable her to meet the mortgage payments and if she paid all the charges in connection with the mortgage until it was paid off he would transfer his share of the house to her. When the mortgage was fully paid she brought an action for a declaration that the house belonged to her. Held: The agreement was binding. The Court of Appeal distinguished the case of Balfour v Balfour on the grounds that the parties were separated. Where spouses have separated it is generally considered that they do intend to be bound by their agreements. The written agreement signed was further evidence of an intention to be bound. (This case (Merritt v Merritt [1970] 1WCR 1211) demonstrates that although domestic arrangements are assumed not to create legally-binding obligations (see: Balfour v balfour (1919), Jones vpadav atton (1969)), in some cases this assumption may be overruled by the facts. Mr Merritt and his wife jointly owned a house. Mr Merritt left to live with another woman. They made an agreement (signed) that Mr M would pay Mrs M a monthly sum, and eventually transfer the house to her, if Mrs M kept up the monthly mortgage payments. When the mortgage was payed Mr M refused to transfer the house. In this case, the...
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...Oct. 26, 2015 Summary/ Reflection Today I went to and the first place that I was sent to was the Gym. When I first arrived in the gym the children, well the third graders, had already began with their class. I introduced myself to Coach Merritt and explained to him that I was from TCC and I was there to do observations. One of the first things that I noticed walking into the gym was that were two students standing at the front next to Coach Merritt in charge of the warm-ups. They called out the exercises and counted them out for their fellow classmates. They did ten of each of exercise which were: push-ups and sit-ups then they would hold the push up position for seconds, after that they would do jumping jacks and while they were doing those jumping jacks they were spelling out something that I could not catch and did not have the chance to ask what they were spelling out. The students then huddled up in front of Coach Merritt where he would give them the instructions on what they would be doing for the class period. He explained to them that they would not be going outside because it had been raining and it was muddy outside. So next he told the students that they will be playing indoor soccer and gave them the options of how they would choose their teams and those options were girl versus boys, teacher versus teacher (him and his assistant), and then they had the choice of choosing their own teams, which of course is the one that all the classes ended up choosing. They...
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...Party Origin The Black Panther Party was a group with the sole intention of Self-Defense. In fact their original name was the Black Panther Party for Self-Defense. The time period that the party was formed was during the mid 1900’s, specifically October of 1966 (Baggins). To begin there were two original founders for the Black Panther Party, and they were Huey Newton and Bobby Seale. Huey Newton was born in Monroe, Louisiana. Newton was an illiterate high-school graduate, but ended up succeeding in teaching himself how to read before the attended Merritt College in Oakland. Then he continued his educational endeavor by attending the San Francisco School of Law. Attending the Merritt College was more life changing than he expected because that is where he met Booby Seale for the first time. Bobby Seale was born in Dallas, Texas. Seale served in the U.S. Air Force during his youth, and then attended Merritt College. Seale’s radicalism began in 1962, when he first heard Malcolm X speak, and since then he was a changed man. Following the World War II many cities like Oakland and others throughout the West and the North began to see change. Migration among black families began to happen, which resulted in a new generation of young African-Americans. The migration caused questioning that eventually resulted in a search for a new political system to benefit minorities and create a more equal society. African-Americans fled to the suburbs along with the white residents...
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...|[pic] |[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] |[pic] | | |England and Wales Court of Appeal (Civil Division) Decisions | | |[pic] | |You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Merritt v Merritt [1970] EWCA Civ 6 (27| |April 1970) | |URL: http://www.bailii.org/ew/cases/EWCA/Civ/1970/6.html | |Cite as: [1970] 1 WLR 1211, [1970] EWCA Civ 6, [1970] WLR 1211, [1970] 2 All ER 760 | |[pic] | [New search] [Buy ICLR report: [1970] 1 WLR 1211] [Help] [pic] JISCBAILII_CASE_CONTRACT | | |Neutral Citation Number: [1970] EWCA Civ 6 | | | |Case No.: ...
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...2-4-14 Abstract It is essential that personal responsibilities are maintained in a person’s life in order to reach one’s goal of having a Bachelor’s Degree in Business. Personal responsibility is being reliable for one’s own actions. Personal responsibility is important because one will be personally accountable for their failures, their accomplishments and their family’s future. It is vital that a person maintain personal responsibility. There are a few ways they can maintain personal responsibility. First, one would need to set realistic goals. It is important for a person to set realistic goals because it can be beneficial, if you stick with it. People who set goals are more likely to succeed than those who don’t set goals. (Merritt, Berger, 1998). A person can do this by setting short term goals and following through with those goals and then setting long term goals and following thru with them, as well. There are 5 steps you can take to accomplish your goals: 1.) Identify the nature of your goal. 2.) Determine how the goal may be accomplished. 3.) Set time limits 4.) Obtain feedback and 5.) Remain patient. ( Austin American Statesman, 1998) Secondly, if one is having health problems and/ or finance issues you should not let this hold you back. This can be a big stumbling block for many but we should not let this defer us from what we know we need to do. You are pretty much sitting around wasting time not knowing what was going to happen next. A big concern can...
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...Discuss the advantages and disadvantages of the doctrine of precedent. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. A fundamental principle upon which the doctrine of judicial precedent rests, is that a hierarchy of courts is needed if it is to operate. The concept of stare decisis, meaning to stand by what has been decided, forms the basis of the doctrine of judicial precedent. The notion is that like cases should be treated alike for the sake of certainty and consistency which, it is argued, leads to fairness. The effect of this is that, ordinarily, the legal reasoning on a point of law made in an earlier case must be followed. If all courts, regardless of their status or seniority, were able to set precedent, the doctrine of judicial precedent would be a nonsense as it would be practically impossible to determine which precedent took precedence! The doctrine of judicial precedent has overcome this by the requirement that all courts are strictly bound to follow decisions made by the courts above them in the hierarchy. In addition appellate courts are normally bound by their own past decisions. However, there are advantages and disadvantages. Any discussion of the advantages is likely to include the point that the doctrine provides certainty...
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...Key differences between the most popular methods, the NPV Method and IRR Method, include: * NPV is calculated in terms of currency while IRR is expressed in terms of the percentage return a firm expects the capital project to return; * Academic evidence suggests that the NPV Method is preferred over other methods since it calculates additional wealth and the IRR Method does not; * The IRR Method cannot be used to evaluate projects where there are changing cash flows (e.g., an initial outflow followed by in-flows and a later out-flow, such as may be required in the case of land reclamation by a mining firm); * However, the IRR Method does have one significant advantage – managers tend to better understand the concept of returns stated in percentages and find it easy to compare to the required cost of capital; and, finally, * While both the NPV Method and the IRR Method are both discounted cash flow models and can even reach similar conclusions about a single project, the use of the IRR Method can lead to the belief that a smaller project with a shorter life and earlier cash inflows is preferable to a larger project that will generate more cash. * Applying NPV using different discount rates will result in different recommendations. The IRR method always gives the same recommendation. (Wilkinson 2013) It makes this adjustment using a "discount rate" that takes into account inflation, the risk of the project and the cost of capital -- either interest paid...
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...TABLE OF CONTENTS INTRODUCTION 2 PART 1 – The essential elements required for formation a valid contract 3 1. Agreement 3 1.1 Offer 3 1.2 Acceptance 4 2. Consideration 5 2.1 Adequacy and Sufficiency of consideration 5 2.2 Privity of contract 5 3. Intention to create legal relations 6 3.1 Domestic arrangement 6 3.2 Commercial agreement 6 3.3 Capacity 7 PART 2 – The impact of different types of contract 8 1. Verbal contract 8 2. Written contract 8 The parol evidence rule 8 3. Implied contract 9 PART 3 – The effect and meaning of different terms of contract 10 1. Condition 10 2. Warranty 10 3. Implied term 11 CONCLUTION 12 REFERENCE 13 INTRODUCTION The assignment is the presentation about the knowledge and understanding about Aspects of Contract and Negligence for Business subjects of student. The assignment is divided into three main parts. The first part discusses about the essential elements of a valid contract, the second part discuss the impact of different types of contract and the last one demonstrates the theories applications of these term of contract in given business situation. This assignment will help student link theory to practice by applying in typical examples. It is assessed by Mr. John Andre – teacher of Aspects of Contract and Negligence for Business subjects at ITP – Banking Academy PART 1 – The essential elements required for formation a valid contract A contract is defined as an agreement which legally binds...
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...Obstacles to Implementation of Mobile Payment The unexpected attraction to mobile payments increasingly appears to be the catalyst to finally moving away from the magnetic card payments to a payment system that is more fitting to current digital economies. Despite the new, exciting technology introduced in the mobile payment market, there are still questions regarding whether mobile payments are necessary and worth the change. At least four important challenges for the implementation of mobile payment services with the breadth of impact are addressed as follows: 1. System Interdependency Mobile payments represent a complex business model with several players, whose success depends on joint actions of all the players together. For a successful mobile payment deployment, it is necessary to engage a wide range of stakeholders, including mobile network operators, operators, handset manufacturers, financial institutions including major banks and credit card issuers, commercial retailers and merchant stores, public transit authorities, government agencies, and the customer in the business model. Mobile payments are characterized by a system interdependency challenge. For consumers to demand cell phones with embedded electronic wallets and for the mobile network operators to require this feature from the handset manufacturers, the consumers must know that there exist sufficient merchants’ POS terminals with mobile payments infrastructure. It is, however, unlikely for...
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...Concierge Care Concierge Care In today’s healthcare climate, concierge medicine is gaining ground and increasing in popularity. Patients are opting to either pay in cash for services rendered or pre-pay a monthly or annual fee for more personalized services and 24/7 access to their physician. Both physicians and patients are driving much of the growth attributed to concierge medicine (Spooner, 2007). Many physicians are dissatisfied with their reimbursement contracts and heavy patient loads that limit the amount of time spent with their patients. Patients feel that the level of quality of care provided by traditional medicine is declining and are increasingly dissatisfied with impersonal care, long waits for appointments, short duration of appointments and the greater use of mid-level practitioners (Spooner, 2007). Despite the growing trend of concierge medicine, simply opening up an office will not guarantee success. There are many variables to be considered when deciding to form a concierge practice, including market competition, customer demand, ensuring value, continuity of care as well as financial, staff and ethical considerations. Competition exists in every industry and the concierge care industry is no different. Certainly, being the first concierge practice in the area to market more personalized services will be an advantage. The risk of losing existing patients looking for a higher level of service to other concierge practices in the vicinity...
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...his competition” (Encyclopaedia Britannica 1). Everywhere he went dwarfed his competition, he had to work hard to get as big as he did. Ronnie dominated the bodybuilding world for years and even holding the Mr. Olympia title for eight years. For years Ronnie trained hard and aspired. Ronnie dominated bodybuilding, “For eight years, Ronnie Coleman dominated bodybuilding”(Merritt, 46). Ronnie trained hard for eight years and dominated the bodybuilding career, and never let anyone pass him up. Ronnie holds the title for most Mr. Olympias consecutively. Everywhere he went he almost won every competition, “From 1998 to 2005, he won not just a record-tying eight Mr. Olympias but also virtually every other contest he entered, including a tally of 23 out of 24” (Merritt 46). Ronnie beat everyone wherever he went, he dominated the bodybuilding career and never stopped working hard. Ronnie trained nonstop to get big. Ronnie lifted like crazy in the gym, “He earned his unprecedented muscle mass the old-school way: with heavy-metal workouts in the hardcore haven of Metroflex Gym in Arlington, TX” (Merritt 46). He trained and never gave up so he could be at the top of his career, the best of the best. Braydens determination to out match everyone he could lead him to his success in the gym that he has now. Braydens determination to get bigger lead him to where he's at now. Braydens size made him work hard, “What made me want to lift was the simple fact of being small, weighing...
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...Question 1 Negligence refers to careless behavior which means somebody is not taking enough care in a situation where care is expected. People must be careful if actions affect others. If Alphonso wanted to sue the doctors for negligence, he should prove the four elements of negligence. For the Elements of negligence, it includes the duty of care, standard of care, causation and remoteness of damage.To duty of care, the defendant owed the plaintiff a duty of care about the reality of the lap band surgery. And the defendant had a responsibility to take care not to cause any loss to plaintiff. As in the Lord Atkin in Donoghue v Stevenson[1], one person should avoid acts or omissions that would be likely to injure his/her neighbor. Thus, it was reasonably foreseeable that the doctors had made the failure to warn the danger and led to Alphonso’s injury. Dr Corinthian is a specialist with expertise about the risk of surgery and he does know that Alphonso would rely on the information what is given by him, as in the case L Shaddock and Associates Pty Ltd v Parramatta City Council[2]. Moreover, Dr Blataslav owes a duty of care with regards to his knowledge about lap band surgery and he should know that Alphonso will rely on his knowledge. For the standard of care, the defendant failed to act with a sufficient care and did not give the standard of care required in the circumstances. Dr Corinthian should tell the truth about the 33% chance of complications and a 10% chance of...
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...“typical” rap sorely lacks. This system of oppositions between white and black manifests itself in a final way, by which quality white listeners, and indeed listeners irrespective of race, can claim a personal affinity with Macklemore. This is the claim of authenticity, of depth, and of meaning. The remarks by recording artist Stephin Merritt about Céline Dion, as commented on by Wilson (2007) illustrate the supposed difference in expectations of conventions for “white” and “black” music: …Merritt … said a white, “indie” singer like himself is expected to record with an “authentic”-sounding voice, while massive studio compression and other mediation is expected in “black music, like Céline Dion.” Audience members jumped up to point out that Céline was neither black nor “black music”; Merritt got slightly flustered, saying he’d misspoken because Céline is produced similarly to R&B divas such as Whitney Houston and Mariah Carey. … Merritt had meant to criticize the subtext of conventions that present “literate” white singers as consciously communicative individuals and (often non-white) “pop” singers ore impersonally, like another instrument. (p. 52) While Merritt draws a contrast between “white” indie and “black” pop, a roughly corresponding opposition can be seen to exist in the popular imagination between popular music coded as “white” and rap. According to Sanneh (2004, October 31), a predominantly white and male strand of criticism, which he calls “rockism”, dominates for “serious”...
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