Torts and Contract

Question: Discuss about the case study for Torts and Contract. Answer: Based on the facts, the following issues needs to be addressed: 1. Whether, the contract between Adam and Jessa is valid and enforceable. 2. Whether, Jessa is liable of making the payment to Adam the value of $10,000. The factor whether the contract that exists between the two is valid or enforceable depends on upon the discussion of the elements that are to be present in a valid contract that can be enforced in the court of law. There are several elements of a valid contract. Those elements are an offer, acceptance, consideration, legal age and intention. In the case of Jessa and Adam, there was existence of offer, acceptance, consideration, legal age and intention. A contract can be defined as a promise or a set of promises, which is enforceable by law. However, due to the presence of certain factors, the contract may become undermine and the execution of the contract may be hampered. These factors are known as vitiating factors such as misrepresentation, mistake, duress and illegality. In the present case, Adam was aware that there is likelihood that Hannah may file a case against him for infringing rules related to council regulations. This worried Adam and he decided to sell the house to Jessa. Jessa was completely unaware of the differences that had taken place between Adam and Hannah and neither did he inform her about it. However, Jessa on a later date did not purchase that house, but Adam should have informed Jessa of the actions that may cause infringement of Council regulations. For this, Adam may be held liable for misrepresentation as he induced Jessa in forming contract of sale with her without showing to her the disadvantages related to this contract. Additionally, Adam can also be held liable for unconscionable contract, as Adam included a term in the contract, which can be regarded by law as unjust and unreasonable, that is if Jessa would not be able to secure a satisfactory finance she will have to pay Adam a compensation of 10,000 dollars. Such term s are regarded as unconscionable term in the eyes of law. A similar dealing was seen in the case of ASIC V. Lux , the Court held that the terms of the contract of sale with the buyer were unconscionable in nature as it was unlawful and unjust. In the same way, the imposition of 10,000 dollars can be considered by the Court as unconscionable, as Adam would not suffer any direct loss from the breach of contract. Hence, Jessa cannot be held liable for payment of 10,000 dollars to Adam, as there was no valid contract between Adam and Jessa due to the presence of vitiating factors in the contract. Rescission means demonstrated avoidance of a voidable contract. The rights and obligations of parties to the contract remain in force, until the innocent party chooses to rescind the contract. The moment rescission comes into force; the existing contract becomes invalid and non-enforceable. A misrepresentation that is made negligently or fraudulently that leads to change of position of the representee by relying on the statement of the representator is known as actionable misrepresentation. Hence, contract rescission means cancellation or termination of contract. The purpose of rescinding a contract is to restore the parties to their original status before the contract was made. Rescission is used as a remedy in cases where there were issues with the formation of contract. For cancellation of contract, the Judge must determine that there are sufficient reasons for cancellation of contract. A contract cannot be cancelled only because the parties to the contract changed their mind, there should be sufficient grounds for a contract to be rescinded. in the following circumstances, a contract may be rescinded: Consent: When both the parties to the contract, show their intention of rescinding the contract, a contract may be rescinded. However, mutual rescission of contract requires presentation of written document signed by both the parties. Issues with formation of contract: a contract cannot obtain a legal status if acquired by fraud or coercion. If a contract is formed under illegal conditions such as fraud, lack of capacity, misrepresentation or mistake, a contract may be rescinded. Consideration: a contract may be rescinded when there are issues with consideration of contract that is if the consideration is not adequate or is illegal. In such cases, contract may be rescinded. In the case of Adam and Jessie, there were issues with their contract since the incorporation of contract. The contract that existed between Adam and Jessa had vitiating factors in it making the contract unenforceable and illegal. In the case of Museprime Properties v. Adhill Properties, it was held that any misrepresentation that induces a person to enter into a contract should be a ground for rescission of contract. If the misrepresentation induced a person to enter into a contract, depending on the representation made by the representator, the representee may rescind the contract. Hence, Jessa can rightfully rescind the contract as her contract was not valid due to the presence of misrepresentation in it. The law relating to contractual penalties is a development of common law in England without the intervention of statutes. Penalties in English law are contractual terms that are not enforceable in the Court of law because of their penal character. It has been a matter of the English rule that if a contract contains penalty, then the parties to the contract shall disregard that provision and consider it as unenforceable. However, with the development of the common law the meaning of what shall be regarded as penalty has changed with time. However, apart from the common law rules that relates to onerous provisions, the Unfair Contract Terms also contains provisions relating to extravagant clauses. In the case of Parking Eye v. Beavis, the Court held that an unfair term of the contract could not be enforced by any of the parties to the case. In this case, the defendant was held liable for payment of 85 pounds since he overstayed the two hour parking limit in a car park at a retail outlet. The claimant filed a suit against the defendant for obtaining the sum from him as it caused indirect loss to the claimant. The Court, initially, agreed with the claim of the plaintiff and ordered the defendant to pay the sum of compensation; however, the defendant in response to this stated that the claim made for compensation actually exceeded the loss for which he was held liable[10]. The claimant requested the Court to consider the principles of extravagance and unconscionability, and that their charges did not comprise of these. Though the claimant did not suffer any direct loss, however, if the claimant did not regulate the use of the car park, he would be at the risk of losing its contra ct with the landowner. Hence, the Court held the terms of the contract as valid, fair and not extravagant and hence ordered the defendant to pay the compensation. Likewise, in the case of Adam and Jessa, Jessa receives a notice from a local council that informs her that the council is ordering immediate cessation of the activities at Brownstone. Jessa suffers losses because of this. Particularly, she faces loss of contract to make an entire set of lounge for 150,000 dollars, loses existing clients of 10,000 dollars, and incurs medical expenses of around $3,000. Hence, Jessa may file a case against Adam for compensation for the losses she has suffered. In this case, the Court will have to review extravagant and exorbitant clauses and will assess if the compensation claimed by Jessa is in excess of the losses she has suffered. If the answer to this question is no, then the Court may pass on order to Adam for payment of the compensation along with the penalties for misrepresenting facts of the case. In the case of AMEV UDC Finance Ltd v. Austin, Justice Mason and Justice Wilson held that since the establishment of the judicial system, a penalty provision is regarded as unenforceable. The reason behind this was that since a clause that contains penalty is used as a defense to the claim of contract, one might declare it as unenforceable and void. In the case of Mardessi, the Supreme Court laid emphasis on the word unenforceable rather than making the contract void. References: Bant, Elise, and Michael Bryan. "Fact, Future and Fiction: Risk and Reasonable Reliance in Estoppel."Oxford Journal of Legal Studies35.3 (2015): 427-452. Brereton, Paul. "Binding or bound to fail?: Equitable remedies and rectification of financial agreements."Australian Family Lawyer23.2 (2013): 31. Fu, Junwei. "Freedom of Contract in the EU and China."J. Int't Com. L. Tech.8 (2013): 274. Hoffer, Peter Charles. "Principled Discretion: Concealment, Conscience, and Chancellors."Yale Journal of Law the Humanities3.1 (2013): 4. Hunter Jr, Richard J. "Statutory Override of an as Is Sale: A Historical Appraisal and Analysis of the UCC, Magnuson-Moss, and State Lemon Laws, A."U. Mass. L. Rev.11 (2016): 44. Jiang, Hao. "The Fictitious Freedom to Contract Around Fraud under Delaware Law. pdf." (2016). Rodrigo, Thanuja. "Toward Fairness in the Guarantee Market: The Rationale for Expanding Interventions from Fraud to Unconscionability in the Enforcement of Demand Guarantees."Int'l Trade Bus. L. Rev.16 (2013): 225. Rycroft, Alan. "Settlement and the law."S. African LJ130 (2013): 187. Stoop, Philip N. "The Consumer Protection Act 68 of 2008 and procedural fairness in consumer contracts."PER: Potchefstroomse Elektroniese Regsblad18.4 (2015): 1092-1124. Thanasegaran, Haemala. "Utmost Good Faith and Takaful in Malaysia."Good Faith in Insurance and Takaful Contracts in Malaysia. Springer Singapore, 2016. 145-165. Travalio, Gregory M., and Mark Troutman.Anderson's Ohio Consumer Law Manual. LexisNexis, 2012.

Relationship with His Father free essay sample

My Father Thought It: Armitages Childhood and Relationship with His Father BY nour300 The poet narrates a true experience with his own father from when he was a teenager. In the final stanza the poet looks back, aged twenty nine. The poet marks the time shift by shifting from past into present tense. This poem is a nostalgic look back at a defining moment from Armitages childhood, his relationship with his father and how he feels about it now. From the first words of the title, My father shows that Armitages memory of his childhood, like the poem is dominated, looked over, by his father. The effect is intensified by the fact that the words my father are repeated in the first line. As a teenager, the poets father is an authority figure. Armitage calls him father which is formal and seems distant, commanding respect. However, his father uses colloquial language lost your head easily led. We will write a custom essay sample on Relationship with His Father or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page These proverbial phrases are judgemental and dont show real communication, which adds to the sense of distance. However, his son can almost read his fathers thoughts, which suggests a kind of closeness: my father thought it bloody queer. loody queer cant be the way the poet would describe himself, as it seems too harsh and violent. It seems to fit with the colloquial, Judgemental phrases that his father uses. The poet is close enough to his father to be able to become him for these lines in the poem. queer is used to condemn something that doesnt conform. The whole poem is about rebellion. The first stanza has a regular rhyme scheme with aabbb; however in the second stanza, the rhyme scheme starts to break down and seems irregular. This echoes the breakdown in authority or control as the poet rebels. In the final stanza, a kind of balance or compromise is reached, the first and last lines rhyme together (1 2, 15), but the middle two are free, or unrhymed (13,14). The words slept and Wept are rhymed, with Wept in a prominent position at the end of the stanza, which is also emphasised by the alliteration with wounds. Normally women weep, which contrasts with the manly rite of passage involving pain and a wound. I ts as it the body is weeping tor the tact hes injured it, the loss ot childhood and is a strange contrast to the violent, distant relationship.

Writing a Good Spanish Essay

Writing a Good Spanish EssayThe good news is that you can find Spanish essay samples online, and with just a few clicks of the mouse. You can also ask your school or university for one, if they do not provide them. Not only that, but they may even be free, so you really do not have to pay for them. The bad news is that, if you are a college student, you probably cannot get one for free.If you do not know much about Spanish, you may find a language guide helpful, but you may find more useful online resources, especially if you are a college student. Because it will help you learn it more efficiently and better. You will find online Spanish essay samples from a variety of sources, most of which include an essay on their website, and usually include videos or slideshows, which will help you further your learning experience.It is good to begin at the beginning, as I stated above, so that you know all the grammar you need to know, for a particular language. This will give you a better fee l for the language, because this is the beginning for what is going to be a lengthy process.It is also a good idea to check out the sources, which give these types of essays. Many of them, although not all, are authentic. Once you have chosen a site, you will then find a range of different essay samples, but these should include no less than 3 different versions, so that you can compare them to see what you like the best.Then, when you click on the links to the samples, the essays you have chosen will be given. They will look as though they are real, and they will be a good indication of what your final paper should be like. It is always good to start off with a fresh perspective.As I mentioned, if you do not already have an essay on hand, I would suggest that you go through the free, Spanish essay samples, to see if there are any mistakes. If there are, you can write your own, or you can use the original writer's notes, which are often available, or which you can buy from a site su ch as Amazon.Writing an essay for your Spanish class is tough, because you will be expected to write an objective and relevant reading, as well as a topic and argument. You will need to write in a specific style, since it is generally a written communication, whereas you may be required to speak.

To what extent is Othello a Hegelian tragedy Essay Example

To what extent is Othello a Hegelian tragedy Essay Example To what extent is Othello a Hegelian tragedy Paper To what extent is Othello a Hegelian tragedy Paper A Hegelian tragedy must have; a society in conflict and a series of opposing social forces that ultimately destroy themselves. It is argued that a Hegelian tragedy is not about the individual characters but rather what they represent. The beginning of the play Othello is set in Venice and the Venetian society is definitely portrayed to be in conflict. Firstly there is a war going on between Venice and the Turks. Othello is a general and plays a key role on the war. Eventually the venetians beat the Turks and Othello, Desdemona and the rest of the key characters go to stay in Cyprus. Secondly there is the conflict with race within the society. Othello, otherwise known as the moor, originates from North Africa and he is black. Many of the characters call his names such as thick lips and black ram as well as always referring to him as the moor. When Brabantio finds out that his daughter Desdemona is married to Othello, a black man, he thinks its monstrous and takes Othello straight to the duke. Lastly there are the constant arguments. In the opening scene of the play we see Roderigo and Iago arguing outside Brabantios house. Roderigo has paid iago a considerable amount of money to spy on Othello for him, since he wishes to take Othellos girlfriend, Desdemona as his own. Roderigo fears Iago has not been telling him enough and that this proves Iagos real loyalty is to Othello not him. Iago tells us of his hatred towards Othello for choosing Cassio as his new lieutenant and not him as he had expected. There are many opposing social forces in Othello; the main social forces are to do with white vs. black, love vs. lust, honesty vs. Lies and chaos vs. Order. The first social conflict to mention is black versus white. White people are seen to be generally higher up in society and black people lower down. It is clear that some of the white venetians strongly believe this statement should be the way forward for Venice and consequently they very raciest. This point is backed up firstly by Iagos hatred of Othello could be seen as partly being racially motivated. This is evident in his use of racially disparaging names for Othello. Secondly, and perhaps more importantly, Othello can be seen as a victim of racist ideology because he gives in to and accepts the racist constructions of himself. The opening scenes establish Othellos status as an outsider in Venice. Iagos hatred of Othello as racially motivated is emphasised especially in his description of Othello as his Moorship which implies that Iago sees Othellos high status as incompatible with his race. In a way, Venice is portrayed as a society in which there are competing ideas about race, because not everyone has a problem with Othello being black, especially Desdemona and of course the duke who likes othello and doesnt mind one bit that he is black. But it is also portrayed as a society where no one seems to be totally unaware of Othellos difference. To other opposing social forces are love and lust. In the play there are examples of both these aspects. True love is shown between Desdemona and Othello at the beginning of the play. The two love each other for who they are, rather than just how each other look. You can see from how they act at the beginning of the play by how they speak and interact with each other that they are truly in love. On the other hand, lust is brought up in the play on several instances. First there is Iago, believing women are only creatures of lust and nothing more. He doesnt seem to believe in love, even though he is married and his wife loves him. He mocks love, believing it is only lust that brings a man and a woman together. He makes a lot of sexual remarks and mocks women. Also there is Roderigo who is lusting after Desdemona, rather than loving her. He sees her as a prize, as he does not seem to know her at all. Also with Bianca and Cassio, he does not seem to really love her, and sees Bianca as more of an object of lust to him. There is a lot of lying in Othello but there is also honesty. When it is said that in Hegelian tragedies it is not about the individual characters but what they represent, we can say that Iago represents lies and Desdemona, even though she deceives her father, represents honesty. Iago does nothing but lie. Even lying to himself to convince himself of the lie for when he tells it to other people. Iago says at the beginning; I am not what I am this tells the audience that he is a liar and he is going to deceive the Venetian society in many ways. When Desdemona is accused of having an affair with Cassio she speaks the entire truth and doesnt lie at all. But sadly Othello believes the lies rather than the truth. There is a battle between order and chaos and this is shown throughout the entire play. Although Iago goes through lots of trouble to create chaotic events at the beginning Shakespeare tends to bring a sense of order into the play that calms down the previous events. This is shown when Brabantio visits the Duke with the issue of his daughter and Othello. The Duke makes the decision to leave Othello and Desdemona be and that Desdemona has chosen this path and Brabantio follows the Dukes decision. However Iago never stops trying to cause the chaos and as Othello sinks deeper into distrust of Desdemona and is more consumed by his jealousy, chaos increases and threatens to devour him. His suspicion of Desdemonas affair overpowers him and makes him mentally chaotic, leaving him in deep despair. To conclude Othello is to a great extent a Hegelian tragedy because it matches hugely all of the Hegelian traits, especially the opposing social forces and the play being set in a society in conflict.

Why Powerful Men Behave Badly, Why Powerful Women Dont

Why Powerful Men Behave Badly, Why Powerful Women Don't Why do so many sex scandals involve men of influence and power? Whether theyre politicians, heads of state or business leaders, powerful men are frequently linked to incidents involving cheating, infidelity, prostitution, sexual harassment, sexual assault, rape, and other inappropriate behavior toward women. Why do we rarely see powerful women in the same situation? Experts on human behavior suggest it may come down to biology and opportunity. Prolific Equals SurvivalTIME senior editor Jeffrey Kluger reminds us of some basic science: Human males have never been thought of as models of sexual restraint - and with good reason....The goal of any organism, after all, is to ensure the survival and propagation of its genes, and males - far more so than females - are eminently equipped to do that. Even the worlds most reproductively prolific mothers rarely produce more than eight or nine children in a lifetime. Males can conceive everyday, even multiple times a day, and come emotionally hardwired to do just that. What are females hardwired to do? Select and mate with males who will provide good genes and stick around long enough to help ensure their offspring will reach maturity. Preferring Powerful MalesDavid Carrier, a University of Utah biology professor, explains why in the animal kingdom, females prefer powerful males: From the perspective of sexual selection theory, women are attracted to powerful males, not because powerful males can beat them up, but because powerful males can protect them and their children from other males. What physical power and brute strength is to the animal kingdom, political power is to the human race. And the greater the amount of power and control, the greater the access to desirable females and the more opportunity to mate. More Power, More SexDarwinian historian Laura Betzig who has studied sex and politics for decades, ties power to sex  as far back as the royal fertility rites in Sumer nearly 6,000 years ago. Attractive females became a commodity when Egyptian kings demanded beautiful servant girls from their provincial governors. Betzig provides examples across cultures and centuries to illustrate her point: the more powerful a man/monarch/ruler is, the more women he has sex with. She cites R.H. van Guliks survey Sexual Life in China to illustrate the power/sex differential: [Gulik] says that by the 8th century BC, kings kept one queen (hou), three consorts (fu-jen), nine wives of second rank (pin), 27 wives of third rank (shih-fu), and 81 concubines (yu-chi). That was the tip of the iceberg: imperial harems numbered in the thousands. Lesser men kept fewer women. Great princes kept hundreds; minor princes, 30; upper middle-class men might have six to 12; middle class men might have three or four. The Point of Politics is SexBetzig draws comparisons to Darwin and his theory of natural (and sexual) selection which posits that the whole point of competition is reproduction, and sums it up simply: To put it plainly, the point of politics is sex. Much has changed since ancient China. Most of the world does not regard the unfettered conquest of females as either politically prudent or culturally acceptable. Yet some political leaders (especially married ones) still behave as if the more women they bed, the better. Sexual HubrisThe Washington Post referred to this as a leaders sexual hubris† and like Betzig, Kluger and Carrier acknowledged that leadership has long been associated with sexual dominance throughout history and within the animal kingdom. Though current social norms create pressure to squelch that sort of behavior, it erupts with such regularity that the Post asked a panel of experts: Why do so many leaders fall prey to confusing power with sexual charisma? Because It CanBusiness owner and consultant Lisa Larson likens sexual hubris to a dog licking its nether regions it happens because it can: As Baron Acton said, Power corrupts and absolute power corrupts absolutely. Inappropriate sexual conduct is a form of corruption.... She opines that men may be spurred by two reasons: The first is what I call Revenge of the Nerds....when someone who could achieve great things academically but suffered through romantic rejection during their youth suddenly find themselves in a position to be able to get what they want....The second is what I call the Sally Field syndrome they like me, they really like me....Power is sexy and people in positions of power often find themselves recognized in public, being praised and flattered as never before. Its hard for that not to go to your head. Power as AphrodisiacMarie Wilson, founder and president of The White House Project and the co-creator of Take Our Daughters and Sons to Work Day, focuses more on the seductive power of power. She acknowledges that the sexual jolt power conveys is rarely discussed: Power is the most potent aphrodisiac. Forget oysters, power is at the top of the menu when it comes to sexual arousal.... We caution powerful people about how their power needs to be carefully used when it comes to making decisions that affect their office or enterprise, but I wonder how many are warned about the new magnetism they suddenly have (and wont have once their power is gone)....Because our sexual power is tied into our ego, as the political ego develops, so may political id... [T]he sexual undercurrent running through politics is strong, and its used all the time openly or behind the scenes. But its a power source that has to be reckoned with in leadership, and one that is all to rarely discussed outside of the lascivious details when a scandal erupts. Equal Opportunity CorruptionWilson doesnt believe that powers sexual potency is gender specific. She shares her own experience of winning a local election and finding that men contacting her were interested in more than constituent services. Like Wilson, Kluger also acknowledges that power and sex can corrupt women just like men and describes the work of Larry Josephs, a professor of psychology at Adelphi University, who uses a new measure of behavior thats called the dark side: Men, certainly, arent the only people who abuse their power sexually. Women exhibit the dark side...too, and can become accustomed to power and its perks as easily as a man can. Whats more, testosterone, a primal driver of dominance behavior, is not the exclusive province of men either. Women produce testosterone just like men do, even if at different levels, says Josephs. That means women have testosterone-driven tendencies as well, and that pays dividends. Dominant animals tend to be more reproductively successful whether theyre male or female. Its true that very few headlines highlight the sexual indiscretions of powerful women and no politically prominent female thus far has been accused of rape or sexual assault. But that may change as increasing numbers of women rise to positions of political power. Women have been seeking the same opportunities as men for centuries. Once those opportunities are realized and we achieve some semblance of equality, will we successfully avoid the dark side or victimize others as weve been historically victimized? Sources:Betzig, Laura. Sex in History.  Michigan Today, michigantoday.umich.edu. March 1994.Kluger, Jeffrey. The Caligula Effect: Why Powerful Men Compulsively Cheat. TIME.com. 17 May 2011.Larson, Lisa. The female advantage. views.washingtonpost.com. 11 March 2011.Pearlstein, Steve and Raju Narisetti. A leaders sexual hubris? views.washingtonpost.com. 11 March 2010.Standing up to fight. Terradaily.com. 23 May 2011.Wilson, Marie. Beware new leaders. views.washingtonpost.com. 12 March 2010.

Sexual Harassment and Availing Resources to Guardians and Instructors Research Paper

Sexual Harassment and Availing Resources to Guardians and Instructors - Research Paper Example The ethnography is an instrument, often utilized in sociology and anthropology inscription. It recapitulates notes on a certain group of individuals assembled over a period. Ethnography is the scientific depiction of dissimilar ethnicities and traditions. This volume by Pascoe explores the intricate landscape of sexuality and gender distinctiveness in high schools. The exploration is prudent and perceptive. This study took place under a period of eight months in an ethnically assorted working-class high school; River High. This volume illuminates masculinity as a field of denotation as well as a group of social practices. The technique of scrutinizing masculinity is eccentric. Masculinity is not only presented as a gendered procedure but also as a sexual one. In the volume, the ghost of the homosexual becomes a punitive method for regulating heterosexuals. In addition, it regulates the homosexual males as well. The homosexual dialogue is extremely related to gender as well as sexuali ty. Additionally, this volume attempts to delve into both male and female sexuality (Pascoe 3). The volume commences with a scene that underscores the divergent premise of masculinity at River High. The Mr Cougar contest evidently elucidates the intersecting dynamics of ethnicity, bodies, sexuality, gender, social class, and organizational procedures that represent adolescent masculinity in a situation. The setting is perfect for the study of sexual characteristics and sexuality. Two nerds Craig and Brent convert from un-masculine geeks who cannot guard their girlfriends into heterosexual, brawny males. This masculinising procedure occurs via an alteration of bodies, the affirmation of ethnic privilege and portrayal of heterosexuality. This scene depicts that heterosexuality is central to masculinity.  

Changes in curriculum Essay Example | Topics and Well Written Essays - 250 words

Changes in curriculum - Essay Example 79). Not only that, but at the level of the school, it can be particularly difficult for faculty to agree on what the curriculum should be. According to Keating (2010), â€Å"[I]nstitutional approvals [must be] obtained for nursing program curriculum†¦Ã¢â‚¬  (pp. 40). Healthcare is becoming increasingly difficult to manage, in terms of payers, payees, and billers. According to Smyth (2005), â€Å"[P]olicy makers [should] better appreciate the complexity of health care† (pp. 156). People are struggling to pay for their medications, and this is one area that nursing curricula often overlooks: medication management. Changes and demands in health care continue to skyrocket, as curricula change in response. Apparently, the numbers of people who use healthcare services is increasing. According to Tucker (2010), one of â€Å"†¦of the nonprice determinants that can change the demand for health care†¦Ã¢â‚¬  are the number of buyers (pp. 127). Health care curricula in nursing programs are constantly changing due to government regulations, the healthcare industry becoming much, much more complex, and the changes and increasing demands in health