Contract law Essay Example | Topics and Well Written Essays - 2000 words - 1

Contract law - Essay Example Consideration refers to something of value which is provided for a promise and must be provided to enforce the contract. An agreement not supported by a consideration is not binding An offer portrays a will to contract on the basis of the specified terms and once accepted by the other party, the offeror is bound if through the offer, the contracting party is convinced that the offeror intends to transact as per specified terms. For instance in the case of Carlill v Carbolic Smoke Ball Company [1893] 2 QB 256, a medical firm placed an advert for its new drug called carbolic smoke ball would cure flu. The advert further stated that buyers of this drug would be paid ?100 if the drug did not cure as provided. The court held that the advertisement was actually an offer which was biding. The following section is an advice to Cleanaway Limited as to whether they are contractually bound to provide cleaning services to the Council. Evidently, Cleanaway made an offer to the Council by agreeing to provide a quotation for their service on Monday 21 September. Initially, Cleanaway had made an offer for house cleaning services on hourly basis which was placed at ?40 per hour. However, the Council seemed not satisfied with initial offer that was made on their standard form. On Monday 28th September, the Council sent a fax asking for another quote now on per unit basis, to which Cleanaway Limited responded via fax the following day at ?200 per house. The second offer stipulated that both the standard terms and conditions applied. Based on this, Cleanaway Limited had made two offers to the Council and on the part of acceptance; Cleanaway expressly stated that the council must do it in writing by Friday 2 October. This is a clear indication that the offer had a stipulate period after which it could no longer apply. According to MARSHALL (2012), acceptance to an offer represents unqualified and final expression of assent to the terms of an offer. It represents a manifestation by the recipient to be bound by the terms of the offer. Ideally, an offer has to be accepted precisely to form an agreement. Such an offer must be accepted and all terms complied with. According to ZYWICKI (2008), acceptance has no legal effect until it is communicated to the offeror since it is important for the offeror to know that his offer has been accepted. In this vein, the common law provides that postal acceptance becomes effective when the acceptance letter is posted regardless of whether the letter is delayed, destroyed on misplaced when in transit. However, the postal rule fails to apply when the offer excludes such provisions expressly. Communication via post creates some practical difficulties considering that an offeror can withdraw an acceptance before it reaches the offeree. In this regard, there is an exception to the mode of communication. In Adams v Lindsell (1818) and Household Fire Insurance v Grant (1879), the court held that the decision to treat postage as a sig n of completion of an acceptance can be risky due to problems of loss and delays. As such, postal acceptance rule can only apply in circumstances where use of postage was reasonably contemplated by both transacting parties or was indeed stipulated by the offeror in the offer. Having said that and by considering technology advancement, the court is presently trying to confine the scope of postal acceptance principle. In Holwell

E-Business Strategy Coursework Example | Topics and Well Written Essays - 2000 words

E-Business Strategy - Coursework Example There are two main models mentioned along with their strengths, weakness and suitability for specific business sectors that are related to the e-business. Furthermore, Model of strategic change and fit contains the elements named structure, strategy, management process, technology and individual. All elements are inter-related to each other while making and applying strategy for the business. The sequence of the elements depends on the type of the business. Different businesses apply the model to make changes and fit in the organizational operations (Fazlollahi, 2001). It is shown in the above chart of the model that all elements of the model are inter-related to each other. Any change in the strategy developed to be followed by the work force of the organization. First step is to make strategy. Strategy is needed to be made or adopt in order to make a change in the operations of the organization. Only planned and effective strategy will deliver the positive results to the organization. The Leaders of the organization often make strategies (Levy & Powell, 2004). It is recommended that the strategy should reflect on the structure of the business. Structure of the organization reflects the task and activities doe by the supervisors and managers to set the directions of the work to be done so to achieve the goal of the organization. Organizations need to change the structure and the directions of the senior employees that it should reflect the change of the strategy. It is necessary that the strategy should be communicated to the management that requires changing their process and making an effective plan for the execution of the strategy made by the leaders of the organization (Levy & Powell, 2004). Management process could play an effective role in communicating the strategy plan to subordinates and juniors so that they could enhance their performance according to the directions of

Humans, Technology, Nature and Spirituality Movie Review

Humans, Technology, Nature and Spirituality - Movie Review Example Spirituality mainly fortifies the link between nature and individuals; hence, someone can interact with nature through religion. Nonetheless, technology appears to destroy the bond between persons and nature. According to the film, Baraka technology appears to destroy nature instead of connecting individuals to it. I, therefore, concur with the movie Baraka, as it shows the unique relationship that individuals share with nature. For instance, the film shows scenes whereby individuals are connecting with nature through worshipping, and this shows a special relationship between humans, nature, and spirituality (Fricke, 2008). Such spirituality connection is seen through the intimacy between the Australian aboriginals with nature. They have an exceptional spiritual correlation that allows them to bond with nature. The Australian aboriginals also preserve nature due to their religious beliefs. Therefore, I also trust that spirituality enables us to protect nature and ensure that no one devastates it. Through our beliefs we can conserve the population, for instance, personally I believe that nature is a special form of healing. I meditate regularly, and due to this, I ensure that the surroundings are well preserved. However, at times our beliefs appear to disrupt us, and we end up destroying the environment (Fricke, 2008). Hence, unlike technology spirituality appears to be the linking force between persons and nature.

E-Business Strategy Coursework Example | Topics and Well Written Essays - 2000 words

E-Business Strategy - Coursework Example There are two main models mentioned along with their strengths, weakness and suitability for specific business sectors that are related to the e-business. Furthermore, Model of strategic change and fit contains the elements named structure, strategy, management process, technology and individual. All elements are inter-related to each other while making and applying strategy for the business. The sequence of the elements depends on the type of the business. Different businesses apply the model to make changes and fit in the organizational operations (Fazlollahi, 2001). It is shown in the above chart of the model that all elements of the model are inter-related to each other. Any change in the strategy developed to be followed by the work force of the organization. First step is to make strategy. Strategy is needed to be made or adopt in order to make a change in the operations of the organization. Only planned and effective strategy will deliver the positive results to the organization. The Leaders of the organization often make strategies (Levy & Powell, 2004). It is recommended that the strategy should reflect on the structure of the business. Structure of the organization reflects the task and activities doe by the supervisors and managers to set the directions of the work to be done so to achieve the goal of the organization. Organizations need to change the structure and the directions of the senior employees that it should reflect the change of the strategy. It is necessary that the strategy should be communicated to the management that requires changing their process and making an effective plan for the execution of the strategy made by the leaders of the organization (Levy & Powell, 2004). Management process could play an effective role in communicating the strategy plan to subordinates and juniors so that they could enhance their performance according to the directions of

Fairtrade achieves better prices, decent working conditions and fair Assignment - 1

Fairtrade achieves better prices, decent working conditions and fair terms of trade for farmers and workers. To what extent do you agree - Assignment Example According to Ronchi (2006) the problems arise from the market failure, failure of demand and supply forces, leading to workers exploitation and unfavorable and unhealthy competition for small scale farmers by the large scale farmers. This business assignment paper entails discussion on Fairtrade, and analysis on how it achieves better prices, decent working conditions and fair terms of trade for farmers and workers. According to Lamb (2008), Fairtrade is concerned with the best recommended prices, favorable working conditions, sustainability in the local areas, and justified as well as effective terms of trade for small scale farmers and workers in the third world countries. Fairtrade gets in the position to address the different injustices evident in the convectional trade by giving the companies a condition of paying prices that are at par with the respective prices at the market (Arnould, Plastina and Ball, 2009). The convectional prices usually discriminates the economically unable and weak farmers, hence Fairtrade comes in to assist them upgrade on their position as well as upgrading their living standards. Fairtrade can as well get said as all the activities involved in the process of giving aid to the upcoming communities of farmers and workers. They get enabled to gain a lot of control over their future as well as taking good care of their surrounding in which the stay and undertake their economic activities in. As discussed above, Fairtrade achieves better trade prices, decent work conditions as well as fair terms of trade for small scale farmers and workers. Agreements have gotten reached upon with some of these achievements of Fairtrade by consideration on a number of the factors that it has underline to aim at achieve, as well as its underlying objectives. They include the following: i) Fairtrade Mark. Fairtrade has sought to improve the lives of small scale

Religious Beliefs in Jane Eyre

Religious Beliefs in Jane Eyre Through Jane Eyre, Charlotte Bronte expresses numerous issues of the Victorian Era. Class and gender inequality, race prejudices, colonialism, and religious beliefs are all but few of the problems addressed. Throughout the novel, Jane struggles with her dilemmas, namely the choice between moral duty and earthly pleasures, and the obligation to her spirit and attention to her body. Despite Jane’s simple life, Bronte often presents Jane various characters that offer contrasting religious beliefs, and in so doing, Bronte shows her disapproval of the Evangelical Movement. Perhaps no character in the novel other than Mr. Brocklehurst best demonstrates the danger and sanctimony of this nineteenth-century church movement. Superficially, he is a devoted Christian who adopts the rhetoric of Evangelicalism by preaching puritanical morality to his students. A brief address on those occasions would not be mistimed, wherein a judicious instructor would take the opportunity of referring to the sufferings of the primitive Christians; to the torments of martyrs; to the exhortations of our blessed Lord himself, calling upon His disciples to take up their cross and follow Him; to His warnings that man shall not live by bread alone, but by every word that proceedeth out of the mouth of God; to his divine consolations, ‘if ye suffers hunger or thirst for my sake, happy are ye.’ Oh, madam, when you put bread and cheese, instead of burnt porridge, into these children’s mouths, you may indeed feed their vile bodies, but you little think how you starve their immortal souls!†(63; ch.7) Clearly, he is reciting an Evangelical idea—the corruption of the human body and the need of Christ to save them—that is popular during this time. Mr. Brocklehurst takes this idea to the extreme by emphasizing the enrichment of the soul by starving the body. This path of reaching salvation may be acceptable at the time. However, his method of subjecting his student to follow such principles is evidently intolerable and un-Christian-like. The cutting of Julia Severn’s naturally curly hair and the poor nutrition he provides for Lowood’s students are example of such extreme cruel methods. He furthers contradicts his beliefs by supporting his own luxuriously wealthy family at the expense of the Lowood students. By displaying Mr. Brocklehurst hypocrisy, Bronte shows her concerns for the new movement. Not only does Bronte condemn Brocklehurst’s religious doctrine, but she also undermines Helen Burn’s absolute and self-abnegating beliefs. The Christ-like Helen adopts a forbearing mode of Christianity that is too passive for the headstrong Jane to comprehend and to accept. When Helen comforts Jane, Hush, Jane! You think too much of the love of human beings; you are too impulsive, too vehement: the sovereign hand that created your frame, and put life into it, has provided you with other resources than your feeble self, or than creatures feeble as you. Besides this earth, and besides the race of men, there is an invisible world and a kingdom of spirits; that world is round us, for it is everywhere; and those spirits watch us, for they are commissioned to guard us; and if we were dying in pain and shame, if scorn smote us on all sides and hatred crushed us, angels see our tortures, recognise our innocence . . . Why, then, should we ever sink overwhelmed with distress, when life is soon over, and death is so certain an entrance to happiness — to glory? (70; ch.8) Jane feels an â€Å"inexpressible sadness† from those words. Helen consoles Jane by offering the idea that death is the ultimate â€Å"entrance to happiness.† However, Jane is more concern about the life on Earth rather than the life after. She cannot accept Helen’s submissive attitudes toward injustice and the belief that justice will be found in God’s ultimate judgment—reward the good and punish the evil. Jane is overwhelmed by Helen’s blind faith; she thirsts for love and happiness in this world rather than the eternal life that Helen seeks. Thus, at Helen’s deathbed, Jane continuously questions about Helen’s depravity and her deep affinity with God. â€Å"By dying young, I shall escape great sufferings. I had not qualities or talents to make my way very well in the world: I should have been continually at fault.† â€Å"But where are you going to, Helen? Can you see? Do you know?† â€Å"I believe; I have faith: I am going to God.† â€Å"Where is God? What is God?† â€Å"My Maker and yours, who will never destroy what he created. I rely implicitly on his power, and confide wholly in his goodness: I count the hours till that eventful one arrives which shall restore me to him, reveal him to me.† â€Å"You are sure, then Helen, that there is such a place as heaven; and that our souls can get to it when die?† (83; ch.9) Even with Helen’s reassurance that there is really heaven, Jane still questions her self with the thoughts: â€Å"Where is that region? Does it exist?†(83; ch.9) These questions may not affect Helen’s faith at any rate, but her death ultimately make Bronte’s point clear—one cannot relies on faith for survival but can depend on it for guidance. Although St. John Rivers shares many Christian beliefs with Helen Burns, he presents another spectrum of the religious movement that Bronte dissuades. It is clear that St. John is a religious zealot who devotes â€Å"a large portion of his time†¦visiting the sick and poor among the scattered population of his parish.† (357; ch.30) However, his devotion to God does not make him a saint. â€Å"Zealous in his ministerial labours, blameless in his life and habits, he yet did not appear to enjoy that mental serenity, that inward content, which should be the reward of every sincere Christian and practical philanthropist.† (357; ch.30) Bronte makes this point clear when Jane observes at one of his sermons. â€Å"Throughout there was a strange bitterness; an absence of consolatory gentleness; stern allusions†¦I was sure St. John Rivers—pure-lived, conscientious, zealous as he was—had not yet found that peace of God which passeth all understanding: he had no more found it, I thought, than had I†¦Ã¢â‚¬ (358; ch.30) Bronte not only questions St. John’s saintliness but also doubts his devotion to Christianity. As a clergyman, he should enjoy his job and love his enemies, rather he â€Å"did not appear to enjoy† his works and ignores Jane, avoids her, and treats her differently after she rejected his proposal. He like Mr. Brocklehurst preaches to serve but does not always practice this himself. He believes the words that he speaks are those of Go speaking through him: â€Å"Do you think God will be satisfied with half an oblation? Will he accept a mutilated sacrifice? It is the cause of God I advocate: it is under His standard I enlist you. I cannon accept on His behalf a divided allegiance: it must be entire.†(413; ch.34) He believes that he knows what God thinks and wants others to do. The arrogance nature of his, together with his cold, dispassionate attitude toward serving God deviates St. John from a true Christian. Unlike Helen Burns, he is a defective mortal. By revealing St. John’s flaws, Bronte shows that doing God’s work on Earth does not mean complete Christian piety. Jane ultimately finds a comfortable religious middle-ground that is not oppressive like Mr. Brocklehurst’s, that is not submissive like Helen Burn’s, and that is not dispassionate like St. John’s. For Jane or rather for Bronte, religion not only helps them find eternal happiness in heaven, but also help them find the essential needs of human life—love.

Captain Ahab Essay -- Literary Analysis, Moby Dick, Shakespeare

Captain Ahab sights Moby Dick from afar and continues his hot pursuit on the White Whale. For three days, a relentless chase occurs because of Ahab’s desire for revenge. The indomitable whale continually destroys boat after boat. During the latter days of the struggle, the whale finally attacks the Pequod, plunging the ship to the bottom pits of the ocean. Determined to reach his final goal, the captain makes a last ditch effort and launches his harpoon towards Moby Dick. Ironically, Ahab’s harpoon catches around his neck and strangles him to death. Obviously determined to avenge his leg, the Captain causes his own downfall through his own desire for retribution. In The Tragedy of Hamlet Prince of Denmark, Shakespeare creates two characters, Hamlet and Laertes, who endure a series of events and unveil Shakespeare’s similar belief that revenge causes one to act blindly in anger. Through Shakespeare’s distinct language and diction, the characters’ mot ivational factors and personality traits, the write conveys his strong belief regarding the desire for vengeance. While the actual personality traits and each character’s motivations add more depth to Shakespeare’s overall belief, the language each character incorporates contributes more highly to the conviction – revenge causes one to act blindly in anger. By analyzing Hamlet’s use of language throughout the play, one can tell Hamlet is keen on avenging his father, but no heart or effort is put into the action. Speaking in disgust with himself, Hamlet says â€Å"That I, the son of a dear father murder'd, / Prompted to my revenge by heaven and hell, / Must, like a whore, unpack my heart with words, â€Å" (2.2.584-586). Hamlet uses simile to compare himself to a coward and state that he has no... ...ooms Laertes as it did Hamlet, because it clouds his judgment. His rashness causes him to be easily played by Claudius. Regardless of the fact that Hamlet killed Polonius, Claudius never specified that it was an accident, which could have played a major role in Laertes’ decision to go along with the King’s plan. Hamlet and Laertes share much in common with Captain Ahab. All three characters share a similar passion and determination for achieving vengeance, which ultimately results in their own downfall. Plan after plan, harpoon after harpoon, only one goal resonates in their minds: to get revenge. Blinded by their desire for vengeance, all three characters act out of personality and cause harm to themselves and those around them. Thus, revealing Shakespeare’s strong notion that the desire for revenge causes one to act blindly, rather than with reason and logic.