...applicable remedies in the event of a breach What is required for a valid offer? How can one accept an offer? What is the concept of consideration and what form(s) can consideration take in creating a contract? What factors must be considered in assessing the legal sufficiency of an offer, acceptance, and consideration in determining whether a contract is enforceable? In the event that a contract is formed and subsequently broken, what remedies are available to the non-breaching party under your state's law? explaining the essential elements of a contract and the applicable remedies in the event of a breach What are the 4 requirements of a valid contract? 1. Agreement 2. Consideration 3. Contractual Capacity 4. Legality What are the 3 elements that are necessary for an offer to be effective? 1. The offeror must have a serious intention to become bound by the offer 2. The terms of the offer must be reasonably certain or definite, so that the parties and the court can ascertain the terms of the contract 3. The offer must be communicated to the offeree What is an offer? a promise or commitment to do or refrain from doing some specified action in the future. What are the 3 exceptions to the consideration requirement? 1. Promises that induce detrimental reliance, under the doctrine of promissory estoppel 2. Promises to pay debts that are barred by a statute of limitations 3. Promises to make charitable contributions What are the 4 terms a contract must include...
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...Page1 *256 Carlill v Carbolic Smoke Ball Company. In the Court of Appeal. 7 December 1892 [1893] 1 Q.B. 256 Lindley , Bowen and A. L. Smith , L.JJ. 1892 Dec. 6, 7. Contract—Offer by Advertisement—Performance of Condition in Advertisement—Notification of Acceptance of Offer—Wager—Insurance— 8 & 9 Vict. c. 109 — 14 Geo. 3, c. 48, s. 2 . The defendants, the proprietors of a medical preparation called “The Carbolic Smoke Ball,” issued an advertisement in which they offered to pay 100l. to any person who contracted the influenza after having used one of their smoke balls in a specified manner and for a specified period. The plaintiff on the faith of the advertisement bought one of the balls, and used it in the manner and for the period specified, but nevertheless contracted the influenza:— Held, affirming the decision of Hawkins, J., that the above facts established a contract by the defendants to pay the plaintiff 100l. in the event which had happened; that such contract was neither a contract by way of wagering within 8 & 9 Vict. c. 109 , nor a policy within 14 Geo. 3, c. 48, s. 2 ; and that the plaintiff was entitled to recover. APPEAL from a decision of Hawkins, J. 1 The defendants, who were the proprietors and vendors of a medical preparation called “The Carbolic Smoke Ball,” inserted in the Pall Mall Gazette of November 13, 1891, and in other *257 newspapers, the following advertisement: “100l. reward will be paid by the Carbolic Smoke Ball Company to...
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...person’s reasons and judgement, the film did a good job with the development of the characters but there is no enhancement of judgement (of the characters) present in the film. Dead Poets Society, for me, did not really show me the real meaning of liberal arts because of the way the characters decide for their own fate. For example is Neil Perry, because of his amusement to the new teacher (Mr. Keating), he joined the bandwagon and went to acting even though his parents doesn’t allow him to. I know people might contradict me with do-want-you-want statement but I will argue with them about know the consequences of your actions and decisions and how it will affect the people around you. (I know there is a theory about that but I already forgot what it is.) Todd did warn Neil about what will happen but Neil insisted. Another from Neil is him killing himself, Mr. Keating told them, “ ‘….what good amid these O me, O life?’, answer, that you are here – that life exists and identity; that the powerful play goes on and you may contribute a verse, what will you verse be?” Neil killing himself is just wasting his life, just because his parents does not support him in acting does not mean he will just kill himself. Liberal arts – thinking critically, enhancing judgements – did Neil exercise what he learned...
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...notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer and what are the exceptions if any? Did Mrs Carlill provide consideration in exchange for the 100 pounds reward? The first point in this case is, whether the defendants' advertisement was an offer which, when accepted and its conditions performed, constituted a promise to pay, assuming there was good consideration to uphold that promise, or whether it was only a puff from which no promise could be implied, or a mere statement by the defendants of the confidence they entertained in the efficacy of their remedy. According to the law, an agreement establishes the first stage in the existence of as contract. The three main elements of a contractual formation I will endeavor to consider in a bid to ascertain the legality and validity of contract are the following: Offer, Acceptance and Consideration. I wish to advance the conviction that the case of Carlill vs Carbolic Smoke Company was a valid contract characterized by elements of a valid contract. OFFER The most important feature of a contract is that one party makes an offer for a bargain that another accepts. This can be called a 'concurrence of wills' or a 'meeting of the minds' of two or more parties. There must be evidence that the parties had each from an objective perspective engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement.] An objective perspective means that it is...
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...Kabir During the 14th century in India, the Vijayanagar Empire was in power with the Sangama dynasty based in southern India. It was established in 1336 and lasted until 1646, but was on the decline since the 1500s due to losing battles with the military. During the rule of the Vijayanagar Empire, the empire revolutionized the way Hindu temples were constructed architecturally. During this century, according to legend, the mystic poet Kabir was born. Kabir is an Arabic name that means “The Great” which is also the 37th name of God in Islam. No one is sure how he was born, but legend says he was a virgin birth or the son of a Brahman widow. Though, it is known that he was brought up by a muslim family that weaved for a living. In the Indian tradition, Kabir is known to have lived over 120 years, which would be from the late 14th century to the 16th, but others believe that his death occurred in the middle of the 15th century. Another traditional legend about his death was that when he passed away, the Muslims and Indians fought over who got the last rights, because he was raised by muslims, yet lived in India. When they lifted the cloth covering his body, however, they found flowers instead of his body. Kabir was a very important person in Indian history especially with his philosophic ideas. Kabir mixed both Muslim and Indian concepts into his own ideas. He took the Hindu ideas of reincarnation, which is life after death being reborn, and Karma, which is that all of your...
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...Acceptance of Body Modifications Acceptance of Body Modifications The acceptance of body modifications is a very big problem today. People that modify their body aren't being completely accepted in society. There are some cases where it is accepted but it is mostly frowned upon. Understanding is the first step to acceptance so it is my goal to help everyone understand. Body modifications are a big part in my life even if it doesn't seem like it. I stretch my ears and to me that is a big deal and it is something that I really enjoy. There are so many different reasons that people modify their body. Some people do it in order to fit in and others do it to be different. One big problem I have noticed about having body modifications is trying to get a job is a lot more difficult. This shouldn't be a problem though because we are all humans and no matter what any ones choice we should accept each other for what we do and who we are. The fact is that it shouldn't be more difficult to get a job when a person is modified compared to someone who isn't because body modifications don't change someones personality. In addition, everyone deserves a chance. Why would you not give someone a chance just because they look different? Furthermore, if someone is modified it is better to let them change to what they want their image to be so that they can feel comfortable in their own skin. First off, changing the way someones body looks in any way doesn't mean...
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...enforceable. “The phrase enforceable by a court is significant because it means that a court can assess monetary damages against a party who does not comply with the terms of the agreement.” (Seaquist, 2012) The criteria that must be present in order to be enforceable are; offer, acceptance, consideration, capacity, and legality. The first element that must be in agreement to make a contract enforceable is offer. In the contracts there are two people who are mentioned which are the offeror and offeree. The offeror is the person who is making the offer and the offeree is the party who is accepting the offer. Offers in contracts have different language from a preliminary negotiations. The thing that set them apart is that the language is definite and certain in nature. A few years ago I had to write a contract for a young Airman who was interested in buying my car and could not afford to pay for it all at one time. I started off the contract saying, “I agree to sell you my car” this showed her that I was offering her something that was going to be enforceable. Prior to starting work at the Fabulous Hotel an offer was made to me by the hotel. The offer stated the pay, hours and location. The offer is where you do your negotiating for what you want to get out of the contract. “The phrase enforceable by a court is significant because it means that a court can assess monetary damages against a party who does not comply with the terms of the agreement.” (Seaquist, 2012) Lapse...
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...to different types of interactions with people and society. * Students should evaluate moral/ethical decisions of characters. Synopsis A mentally challenged man is presented with an opportunity to have an operation that will triple his intelligence. The story chronicles the journey that he takes as his intelligence progresses and regresses. 2. Read the entire selection, keeping in mind the Big Ideas and Key Understandings. 3. Re-read the text while noting the stopping points for the Text Dependent Questions and teaching Tier II/academic vocabulary. During Teaching 1. Anticipatory Set: Discuss the following questions with students to guide deeper understanding of the main themes of the story: What is intelligence? Can a person ever be too smart? What is meant by the saying “ignorance is bliss”? 2. Students read the entire selection independently. 3. Teacher reads the text aloud while students follow along or students take turns reading aloud to each other in pairs or small groups. Depending on the text length and student need, the teacher may choose to read the full text or a passage aloud. For a particularly complex text, the teacher may choose to reverse the order of steps 1 and 2. 4....
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...The Mask: Personality Conformity & Self Acceptance A person is an amalgamation of other people’s personalities combined. They meet someone, and they subconsciously change ever-so-slightly. Does this mean people actually have a personality? Well, that unique combination of personalities is what makes it their own. However, people keep conforming to be like others and ‘fit in’ that everyone is just wearing a mask; masked by a pretense. It’s a safety precaution. The mask must be broken first before they show their true face. However, people keep changing in this never-ending spiral of conformity, eventually the real person behind the mask is gone, and all that is left is the mask itself. Everyone conforms. It’s natural and it’s even assumed that “conformity may have been of survival value when interacting with other tribes of cavemen” (Peutherer). Of course, we don’t live in the ‘dinosaur’ era anymore. We live in a modern time and we still change, but this time, it’s for social survival in a cruel and judgemental society. It’s not a good thing,...
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...group. Throughout the video David clearly expresses that he does not feel that being white makes him any special. He finds the topic of racism “extremely exciting” because he never really understood why “they” had to cause struggle and strife and why “they” couldn’t feel happy. ------------------------------------------------- And when the subject of racism was mentioned to me I found it extremely exciting because I grew up in this area with friends of all races and we would read in the news - see on the television of racial struggles in other areas and could not comprehend how that could be - why they had to cause struggle and strife for each other. Why couldn’t they be just like at home, happy and productive together? (Transcript) David’s comments clearly demonstrate how clueless he is about his own White privilege. In the beginning of his dialogue David explains that he has never felt that he was “in control” of anything. Yet, in the same statement he goes on to explain how he has owned vineyards and orchards that employed several minorities. David’s own words appear to be oblivious to him. It appears that he is speaking without even listening to himself. In one sentence he states he has never felt “in control” and immediately after that he states that he has employed “many of your people” (speaking to the Latino man). If employing “many” of anyone’s people is not power and control, I do not know what is. The book explains in Chapter Ten that White people would...
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...We are all born with unique differences that deserve to be accepted and loved. However, love and acceptance must first come from within. Unfortunately in today’s society physical and emotional health has been compromised for the sake of being socially accepted instead. Fulvio’s article “Food and Feelings” embodies the concept that healing begins with self-love and emphasizes the message that nobody’s opinion about your body should be more powerful than your own. Self-worth is not determined by social acceptance but rather self-acceptance. In today’s culture we are impressed with the belief that size is what determines beauty. These ideas start with the waist size of run way models and then are reinforced by the size 2 mannequins standing in department windows. Instead of having a positive effect on the perception of body image, it instead breeds unhealthy eating habits that deny the body necessary nutrients causing detrimental health damage for those who want to achieve this look. It is completely unrealistic that every person can be a size 2; as human beings we are all born with our own unique genetics that develop our individual size and shape. In the article “Discover the Art In You” by Stephan Boyle an image is shown of a female body that is rail thin wearing only short skin tight shorts with the words “UGLY, MUST BE SKINNIER, TOO BIG and SCARY” on the arms and legs and in bold black letters “NOT FLAT” written across the stomach area. This is a great representation of the...
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...the act of acceptance. No one will share your exact perspective on life, different opinions are bound to happen. Thus, “We as human beings must be willing to accept people who are different from ourselves.” This quote is shown through, “American Flag Stands for Tolerance” and “My So-Called Enemy” however in contrast it is not shown through, “The Wife’s Story”. In the editorial, “American Flag Stands for Tolerance” the author, Ronald J. Allen, shows acceptance. In this editorial Allen is commenting on the controversial court case Texas v. Johnson. Johnson, as means for political protest, burned the American flag and was...
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...clearly stated offer for something. It does not include estimates, requests for proposals, letters of intent or expressions of interests. At times an offer will lapse. This happens when the time for acceptance expires, the offer is withdrawn before it is accepted or there is a reasonable time after in the circumstances after the life of the offer. Acceptance Only want can be accepted should be offered. This means that the offer must be accepted exactly as offered without any changes. If new terms are presented this is called a counter offer. This can wither be accepted or rejected. Before there is an agreement there can be many offers and counter offers. It is the acceptance of the offer that brings the negotiations to an end by establishing terms and conditions of the contract. The acceptance can be given verbally, in writing, or inferred by action that clearly indicates acceptance. Intention of Legal Consequences A contract requires that all parties involved intend to enter a legally binding agreement. They must understand that the agreement can be enforced by law. The intention to create legal relations is presumed. So the contract doesn’t have to state that you understand the legal consequences that can follow. If the parties involved decide that not to be legally bound by the contract it must clearly be stated. Consideration In order for the contract to be binding it must be supported by valuable consideration. That means that one party promises to do something...
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...Our country has a power so strong many people don't get to live through and experience. That power is freedom. What does freedom mean? The power or right to act, speak, or think as one wants without hindrance or restraint? I think freedom is more than just a definition on paper. When I was asked "What does freedom mean" to me I didn't know how to respond. At such a young age you don't realize how lucky you are to be living in a country# that gives you a chance to live how you want. Our lives without freedom would be completely changed. We wouldn't be able to wear what want, talk how we want, and be who we want. As I'm writing this I think back to who makes our freedom possible. It's not just because it was written in the declaration...
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...empower the mind, body, and soul. I am a firm believer that love does exist. Love means that deep intense emotion of affection, along with acceptance regardless of any flaws, and a safe place in one’s heart. Love is subjectively applied in differnent relationships.That is my interpretation of what love is. I will explain love between my six year old duaghter Aubrey, and myself. She has come to my bed in the middle of the night knowing mommy loves her and will keep her safe from anything. My examples of love will contain imagery of every day occurences that she and I have had. As well as referencing theological versus to really help her grasp the concept of what love is. I will aslo incorprate the variations of love with a child, the love of God, and love with a spouse. Aubrey’s counter argument is going to be if all these examples are true, than how come you and my dad do not love anymore? Aubrey: Mommy please wake up, begged Aubrey as she slid into the right side of the bed. Cindy: Are you ok Aubrey, go back to your bed. Aubrey: No! Please I am really scared can’t I just stay her tonight with you pretty please mommy excalimed, Aubrey. Cindy: Sure, Aubrey you want mommy to protect you from whatever is scary in your room? Aubrey: Yes mommy please? Mommy why do you protect me? Is it beacause you love me? How do you know you love me? Cindy: Well, that’s a big question for a little girl let me see if I can explain to you Aubrey this question of love. Actually...
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