An Outline of the Law of Contract - Free Essay Example

Sample details Pages: 5 Words: 1541 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Contract Law Essay Did you like this example? OUTLINE OF THE LAW OF CONTRACT A contract is simply an agreement between two parties which is enforceable at law. In order for an agreement to be legally valid there must be an offer, acceptance (unqualified) and consideration. INTENTION TO CREATE LEGAL RELATIONS In commercial agreements it is normally presumed that the partied intended to create to legal relations and enter into a contract, although that presumption can be rebutted by the courts. It all depends on the circumstance of the case. It should be noted that a mere promise to pay a sum of money or do something ; (unsupported by consideration) is not enforceable at law. The intention to create a legal relations may be adduced by the conduct of the parties, by pre-contract negotiations, correspondence etc. PRIVITY OF CONTARACT Normally only the parties to a contract have rights and duties under the contract this is known as privity of contract. In other words no contractual relationship can exist with a third party. CONDITIONS AND WARRANTIES In the terms of a contract one must distinguish between conditions and warranties. Breach of a condition can empower the injured party to consider the contract and enable him to claim damages for breach of contract. On the other hand breach of warranty does it not, of itself, invalidate the contract and the injured party can only claim for damages COLLATERAL WARRANTY (OR CONTRACT) A collateral warranty (or contract) may take two forms. Either the contract contemplated maybe one between the warrantor himself and the other party or it may be between the other party and some other person. ADVICE TO DICK JONES There is no privity of contract between you and Bryn Williams and, therefore, he cannot proceed against you for breach of contract however he may bring proceedings under the law of tort and he is doing so. You do have a duty of care in tort. There are a few decided cases in this regard. Until very recently the c ourt of appeal case of Diana Merritt v John Babb would have made the surveyor personally responsible to the buyer of the house for professional negligence. However , in the case decided as recently as August of this year, Mavis Russell v Walker co and Robert Chisnall Others, that decision seems to have been partly overturned. Following this case it would appear that the surveyor may be held personally responsible only if he is a sole trader (as in your situation) or gave the house buyer an indication that he would be responsible for the work. The terms of your professional indemnity insurance will specify that insurer will defend any proceedings. They will use either their in-house lawyers or external lawyers. You will only be required to follow their instruction, which you must do to the letter. Apart from that your only involvement maybe to give evidence. Let us know turn to the question of collateral damage and the measure of damages. Let us first itemise your probably li abilities: 1) The daughters asthma. This would require expert medical opinion as to the probable cause of illness. Questions arise here. Was the damp evident on a cursory inspection so that the purchaser (the plaintiff) could have either stipulated that the vendor should have it rectified before exchange of contracts or made a suitable reduction in the asking price? If it was not so evident was it reasonable to expect you to have noted it in your report? If the answer to the latter question is yes then you will probably be liable. 2) The problem in the back rooms. The same principle may be applied here as in 1) above. 3) Damage to the neighbours car. This is a difficult one. Was the tile so obviously loose as to e evidently a potential hazard? An experienced and qualified surveyor could not reasonably be expected to examine such minutiae as individual tile fixings. Let us now turn to the question of the measure of damages. Although one sympathises about the plaintiffs da ughters asthma this is all about money. If you are found liable how does one assess the amount of damages? It could be argues that the illness would be treated out of public fund ( i.e. NHS) so there is no monetary loss to the plaintiffs. We may then consider a claim under pain and suffering. This would be difficult to assess. I cannot predict what the court would decide. Subject to what I said earlier the plaintiff might be awarded substantial damages for this. The cost of replacing the windows in the back would be down to you. As an experienced surveyor you could estimate the cost yourself. As to item 3) I think the court might dismiss this. In 1) and 2) above it should be noted that the plaintiff has a duty to mitigate his loss. If he has not done so then the damages will be reduced. ADVICE TO BRYN WILLIAMS Although it is difficult to predict with any degree of certainty how a court will view matters and decide any particular case never the less I believe you have a strong chance of success. In Mavis Russell v Walker co and Robert Chisnall others the court decided that the surveyor would be held personal responsible if he was a sole trader or had given the house buyer an indication that he would be responsible for the work himself. In your case, as the defendant is a sole trader, it is clear that he would be held liable to any proven loss. If your case was brought before that date he would still be in a strong position because of the appeal courts ruling in the earlier case of Diana Merritt v John Babb, where the surveyor was held liable in tort to the plaintiff for professional negligence. Let us consider the implications under three headings of damage: 1) Your daughter asthma. Was the damp in bedroom 3 so obvious at the time that you viewed the house such that it was obvious from a cursory inspection. if so , you should have required the vendor to rectify it before exchange of contracts or made a suitable adjustment in the asking price. If n ot so obvious would it be reasonable to expect the surveyor to have discovered this? The answer to that, presumably, is that he could have discovered it with the use of a meter. You may require to call expert medical witness to testify the dampness is the cause of your daughters illness. 2) Similarly to 1) above, were the windows in the backrooms so poorly fitted that cursory inspection by you would have ascertained that they would be a problem? If so, again you should have required the vendor to make good at his expense before exchange of contracts or made a suitable adjustment in the asking price. If not then it is clear the surveyor is liable. There is an element of caveat emptor 1) and 2) above. Also you required to mitigate any damage or loss. Could you not have had your daughter sleeping in another room? As to 2) above, the least you could have done is to adopt the cheap expedient of using draught proving material to reduce heat loss. 3) The damage to the neighbours c ar. Here again we are dealing with the remoteness of damage. The court will probably decide that it will be unreasonable to expect a surveyor to examine, minutely and individuality, the fixing of roof tiles. In the light of this you will be advised to delete this from your claim. Depending on the excess under the policy and the terms of the policy you could probably claim this amount or part of it from your buildings insurer. 1) Your daughters illness. If it is proved that the illness is caused by the damp, then you have a right to expect damages. It is difficult to determine how damages would be assessed. Medication and treatment would be provided free under the NHS. so that the claim in this regard would have to be for pain and suffering; not an easy task to determine the monetary value if this. If your daughter is of working age and working and the illness has caused loss of wages this should be added to your claim. 2) You would most probably succeed in a claim for the cost of repaving the windows in all the back rooms. You could obtain an estimate from a builder. However, I doubt id=f you would be granted reimbursement for any electric and heating bills (see comment below regarding the duty to mitigate). 3) This has already been discussed and there no claim for financial reimbursement under this heading. As I said earlier, you have a duty to mitigate any loss or damage and the court will take this into consideration. In conclusion, I feel obliged to point out that costs follow the event. In other words if the case goes against you, you will not only have the burden of your own costs but will have to pay the defendants costs as well. Even your own costs might be high. You might win the case and you will finish up with little reward for your effort, if the court decides that, in all the circumstances not to award you costs. Don’t waste time! Our writers will create an original "An Outline of the Law of Contract" essay for you Create order

Symptoms And Treatments Of Post Traumatic Stress Disorder

Adam Baggs Mrs. Guzzo ENG3UI Monday, October 20, 2014 CAUSES, SYMPTOMS, AND TREATMENTS OF POST TRAUMATIC STRESS DISORDER IN RELATION TO HOLDEN CAUFIELD INTRODUCTION Post Traumatic Stress Disorder can affect any person who experiences a traumatic event throughout their life. Experiencing death at a young age and lack of parental support through a hard time can lead a young adult to develop Post Traumatic Stress Disorder (P.T.S.D.). In the novel, The Catcher in the Rye, by J.D. Salinger, When Holden’s younger brother, Allie Caufield, dies from leukemia, it is very difficult emotionally for Holden, as he was very close to his brother and receives very little emotional support from his family. Often times, symptoms such as sleep loss,†¦show more content†¦The purpose of this report is to prove how in the novel, The Catcher in the Rye, by J.D. Salinger, the main character, Holden Caufield, suffers from Post Traumatic Stress Disorder and to determine which treatments would be most effective for him. Causes of Holden’s P.T.S.D. Nearly any traumatic event that affects a person can be a causing factor of P.T.S.D, even if it is something that would not affect most at all. (Harris). Anything from seeing an unknown person being assaulted on the street, to being involved in a war can cause P.T.S.D. Generally, the risk of P.T.S.D. depends on the severity and proximity of the traumatic event. Experiencing the Death of a Person Many people experiencing P.T.S.D. experience it as a result of seeing a loved one injured or killed (Regehr 676). By seeing his brother Allie die of Leukemia at the age of 11, Holden experiences trauma. According to studies, the degrees of symptoms depend on the proximity of trauma exposure and the number of which one is exposed to (676). Holden’s trauma was very severe because it was his brother, who he was very close to, that passed away. In addition to experiencing his brother’s death, Holden also encounters a boy, James Castle, who jumps to his death while wearing Holden’s sweater (Salinger 170). Holden has been faced with two traumatic events in his life, one involving a person very close to him, therefore, this significantly increases his risk of P.T.S.D. Lack of Support â€Å"Parents have been shown

Real life Sinusoids Functions Click Now to Get Free Solution

Question: Describe about the Real life SINUSOIDS? Answer: A Sinusoidal function is a special type of periodic function which repeats at regular intervals and looks like sine or cosine plots, i.e., smooth symmetrical waves comprised of troughs and crests. The troughs are mirror images of crests. The general form of any sinusoid function is: y = A sin (Bx + C) + h or y = A cos (Bx + C) + h where, |A| = Amplitude of function, 2p /|B| = Time period, h = vertical shift, -C/B = phase shift (horizontal shift) Any phenomenon having a periodic behavior or wave characteristics can be can be modeled and represented by sinusoids. Real life applications include: modeling of temperature variance over different periods, modeling the nature of wind, tidal and many other seasoning conditions, representing music waveforms, electric currents and radio broadcasting signals, representing various periodic motions, like pendulum's, engine's piston crankshaft etc. frequency optimization in architectural activities etc. The artwork design is inspired from some real life sinusoid plots. The pictorial representation on the graph paper is similar to common signs used to identify various activities so as to merge it with corresponding sinusoids. For example: the upper part of artwork demonstrates the overlapping of 4 sinusoid functions creating a visual also used to sign tidal waves. The multiple graphs used in creating the artwork are produced by changing various parameters on which the plot of sinusoid function depends, namely, its Amplitude, frequency, vertical and horizontal shift. The amplitude defines the modulus value of highest peak of the curve. Higher is the value of |A|, more is the size (amplitude) of curve. The frequency, defined as the inverse of Time period of wave, defines the number of periodic oscillations. Hence more is the value of B, less is the frequency. The vertical shift, defined by 'h' is the vertical distance of curve from origin. Negative value of 'h' represents the plot below X-Axis and positive value represents the plot above X-Axis. The lateral or horizontal shift, equal to -B/C represents the phase shift of the curve. Any change in above defining parameters will result in corresponding change in features and characteristics of the plot, however, the shape for all remains a sinusoid.

The Merchant of Venice The Directors Interpretation Essay Example For Students

The Merchant of Venice The Directors Interpretation Essay The play The Merchant of Venice was written about 1596 by the great English playwright William Shakespeare. Although the play has gone through some revisions it has never been changed a great deal. In the past fifty or so years as Hollywood has come into light and the movie adaptations of some of Shakespeares greatest plays have been shown in a different perspective, they have given us other peoples pre-conceptions of the play. The Merchant of Venice is no different with several variations of the play on the silver screen. In this piece of work I am going to show how the director of the play has changed it in any way from what I thought of the original text. It was directed and produced by Jonathan Miller and starred Lawrence Oliver. As I read the text I had many of my own pre-conceptions about setting, characters, personalities, traits and how they moved around the stage, and that the play would remain intact on the big screen-how wrong I was. First I will deal with the characters how the text made me feel towards them and how I thought they would look. We will write a custom essay on The Merchant of Venice The Directors Interpretation specifically for you for only $16.38 $13.9/page Order now Lawrence Oliver portrayed Shylock enigmatically as he always had the presence of power and forcefulness on screen through his actions and words. I imagined Shylock to be a short, withered man who was quite plump, greedy, bald and of no conscience what so ever. The play made me feel no sympathy towards him as he was taking a mans life away and that he was the one who should be at the receiving end of the knife not poor Antonio and that he showed no remorse for what he was about to do. However in the film I saw a man who was six foot tall and was a proud man, who I felt the other characters were persecuting for being a Jew. When he was being referred to in the play he was referred to as the Jew not Shylock. I felt this was of no significance until I saw the film and was surprised to see how much hatred was put into the saying the Jew. As if hatred flowed through the one syllable word, if he was in the room people would refer to him as the Jew but not to Shylock but indirectly as if he wasnt even there. Yes he was a cold hard man but in my opinion the film made me feel sorry for him as he had lost a wife and daughter. Jessica Shellacs daughter is what I believe has fueled his hate of Christians as she has eloped and got married to one. But in the book it is said to have been Antonio the Christians good deeds towards the people who owe Shylock money and cant afford to pay and I feel that Shylock was the victim in this film and was the main character as it was all about the bond. I say victim because I didnt feel that in the play that there were any anti-Semitic feelings towards Shylock but in the film I felt that the other characters hated him, as he was a Jew. It was not the place of the other characters to judge Shylock for taking his bond as it was Antonio fault for making the bond between him and Shyllock as he shouldnt have gambled so much on the prevailing winds as we should say. Antonio is the merchant of Venice and as one of the plays main characters it was important to my vision of the play as to what he was like. I pictured a man in his late twenties, tanned and of high stature in society as he had a lot of money and his personality was that of happiness and of the joy of life which was being taken away from him by the cruel and tyrannical Shylock. Whenever I saw him in the film I saw a man of about 65 standing sullen as a priest at a funeral who was uncaring as to whether he lived or died at the hand of Shylock he kept, Saying take your bond. I felt no sympathy whatsoever for him as he didnt particularly want it. .u49e658ce2b3207d34a78caafc232bba0 , .u49e658ce2b3207d34a78caafc232bba0 .postImageUrl , .u49e658ce2b3207d34a78caafc232bba0 .centered-text-area { min-height: 80px; position: relative; } .u49e658ce2b3207d34a78caafc232bba0 , .u49e658ce2b3207d34a78caafc232bba0:hover , .u49e658ce2b3207d34a78caafc232bba0:visited , .u49e658ce2b3207d34a78caafc232bba0:active { border:0!important; } .u49e658ce2b3207d34a78caafc232bba0 .clearfix:after { content: ""; display: table; clear: both; } .u49e658ce2b3207d34a78caafc232bba0 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u49e658ce2b3207d34a78caafc232bba0:active , .u49e658ce2b3207d34a78caafc232bba0:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u49e658ce2b3207d34a78caafc232bba0 .centered-text-area { width: 100%; position: relative ; } .u49e658ce2b3207d34a78caafc232bba0 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u49e658ce2b3207d34a78caafc232bba0 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u49e658ce2b3207d34a78caafc232bba0 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u49e658ce2b3207d34a78caafc232bba0:hover .ctaButton { background-color: #34495E!important; } .u49e658ce2b3207d34a78caafc232bba0 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u49e658ce2b3207d34a78caafc232bba0 .u49e658ce2b3207d34a78caafc232bba0-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u49e658ce2b3207d34a78caafc232bba0:after { content: ""; display: block; clear: both; } READ: Victorian England In Hard Times EssayI felt his being cast as Antonio was all-wrong and that he was there as more of a sidekick to Shylock whom I felt was the main character. Portia I imagined to be a fair maiden in her early twenties with blonde hair and blue eyes who disapproved of all her suitors and must be a looker as she had so captively won the heart of the young Bassanio the prince of Arragon and Morocco. My preconception was all wrong as there was a woman who was about 40 wasnt that nice looking and to all viewers her personality towards everyone except Bassanio was less than pleasant. She constantly acted as a snobbish spoilt brat towards her servants and also her guests as she constantly forgot Jessicas name. In the play I got no hint of this. It didnt portray Portias disdain for young Jessica, as she seemed to view her in the light of a refuge from her fathers tyrannical reign and nothing more than that. I believe the director used his artistic freedom to add this in and if it were left out would have no real difference to the plot and since it was there add a whole new dimension to the play. Bassanio in the play was in my imagination was a man of 26 who was a gold digger and was more worried about Portia finding out how poor he was and leave him and he came off in the play as just thatch was a side track to the play and was a romantic distraction to the real theme of the play. Lancelot had no real impact on the play but to add backup to Bassanios claims and accusations. His main part in the play was the scene with him in his father and it added a comical element to the play was completely left out. Portias suitors I considered men of proud stature who talked with a posh accent, who were wore fine garments and clean shaven. I did consider the prince of Morocco as a bit bigheaded and the prince of Arragon to be a bit on the not so nice looking side. But this was beyond ridiculous, as they were at the far end of the spectrum of pompous and old. In all honesty they where used as a comical sidetrack. The prince of Morocco was extremely pompous man who thought that Portia would choose him no matter what. Even so the prince of Arragon was at least 59 years her senior and could barely see never mind live to marry Portia. Several Characters were left out such as The Duke of Venice, Old Gobbo who I considered to be important to the play as in my opinion his scene with his son Lancelot was one of comedy. Other people were left out of the play but were rather insignificant and it was understandable but it seems to me that the director took too many liberties when making this into a silver screen production. I also found that characters lines were shortened and that very often scenes such as the one with Old Gobbo and Lancelot were completely cut out. The director was able to convey different emotions through the words than what I thought, such as whenever Shylock is referred to as that Jew. In the play I imagined it to be said without an ounce of prejudice. It was said in the play with contempt of Shylock and could change what people think the plays theme is about from the bonds that exist between people to anti-Semitism. I also felt the play changed what my view of Jessica and how Important she was as Portia kept forgetting her name as if she was insignificant. Also of her father and how I thought she was happy about leaving him but after the trial of Antonio and the downfall of the Jew her father who was humiliated due to the fact that he had to become a Christian as this is unfair punishment. She is upset and looks sad, and there is nothing in the text to support these two things even happening. All in all the play didnt live up to my expectations and I believe the director took too many liberties when making the film. But it is true that my pre-conceptions of a book or play are different than the next mans.