A Problem Question on Contract Law - Free Essay Example

Sample details Pages: 7 Words: 2028 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Topics: Act Essay Contract Law Essay Did you like this example? Introduction A contract refers to an agreement between two or more parties which is legally binding in the eyes of the law. Based on Contract Act 1950, section 2 (h), an agreement that is enforceable by law is a contract. Any other agreements that is not enforceable by law is said to be void, section 2 (g). Therefore, section 2 (j) a contract which is ceases to be enforceable by the law becomes void when it ceases to be enforceable. A contract consists of 6 elements which is proposal (section 2) and acceptance (section 7). The agreement made must be certain and lawful to fulfill the requirement of entering a contract. The consideration (section 26) of a contract have to be in price theory or the benefit and detriment theory. Next, certainty (section 30) said that the terms and agreements of a contract need to be certain and clear. Besides that, all party in the contract have to be free consent, section 10. Lastly, section 11 capacity said that minors, person that disqualified from contracting by any law and unsound mind are not competent to enter a contract. Ah Beng Ah Beng wished to sell his 3-year old motorcycle. He have the intention to create legal relations, commercial contract. In a business contract the presumption is that there is an intention to create legal relations. Unlike domestic contract where agreement made between parties are stated as no intention to create such a legal relations. For example, agreement between spouses, between parent and child and agreements between friends. Case law Balfour v. Balfour. The husband promised to pay a monthly allowance as maintenance to his wife. The court held that it was not a legally enforceable agreement, the parties should be attended by legal consequences. According to section 2 (a), when one signifies to another his willingness to do said to make a proposal, Ah Beng is the offeror before he advertised the sale in a local newspaper. After the advertisement,he becomes an acceptor. Advertisement consist of two types of offer, Bilateral and Unilateral offer. Unilateral offer is a party (X) undertakes to do something is another party (Y) decides to accept by performing some lawful act specified by X. For instance, Carlill v. Carbolic Smoke Ball Co. Carbolic Smoke Ball company made an offer to the pubic by issuing an advertisement saying that whoever still suffered from influenza after taking their product (a drug) will get  £ 100 in a specified manner and for a specified period of time. Mrs Carlill sued the company for the promise reward. The court held that the advertisement is an offer to the world. Referring to the Bilateral case law Majumder v. Attorney General of Sarawak 1967, a newspaper advertisement stated a medical officer war required and set out the salary scale. The Federal Court held that the advertisement in the newspaper for the post of a medical officer was an invitation to treat. Therefore the advertisement by Ah Beng i s a Bilateral Contracts, where both parties make promises to one another, a mutual exchange of promise and this leads to invitation to treat. For example, a job advertisement is not an offer but an Invitation to Treat. The applicant is the offeror for the job and if it is accepted, the promisor is obligated to perform by giving the applicant a position and remuneration in accordance with the advertisement, a promise for a promise. Ah Beng and Ahmad Ah Beng called his colleague Ahmad who had previously told him that he is looking for a used motorcycle for his son for RM 2,500.00 in cash. As they discussed, Ahmad asked Ah Beng to hold the offer till end of the month and Ah Beng did not give an affirmative answer. Based on section 2 (a) , when one signifies to another his willingness to do said to make a proposal. Therefore Ah Beng is the offeror and Ahmad is the acceptor. However, the contract is not valid. There are components under Contracts Act 1950 to determine whether a contract is valid or invalid. When Ah Beng offered Ahmad at the first place, Ahmad request for extension, à ¢Ã¢â€š ¬Ã…“until the end of the monthà ¢Ã¢â€š ¬Ã‚ , setting a new request to Ah Beng. According to section 7 (a), conditional acceptance is no acceptance. Case law Branca v. Cobarro. Ahmadà ¢Ã¢â€š ¬Ã¢â€ž ¢s act has caused the contract to be invalid. Moreover, at the end of the conversation Ah Beng did not give an affirmative answer to Ahmad , section 7 (a) Acceptance must be absolute as referring to case law of Kam Mah Theatre Sdn. Bhd. v. Tan Lay Soon 1994. The acceptance given by Ahmad must be absolute and unqualified in order to make the contract between him and Ah Beng valid. After two days, Ahmad rang up Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s house to inform that he is interested to buy the motorcycle and will go over the next day to make the payment of RM 2,500.00 after seeing Ah Beng has advertised to sell the motorcycle for RM 2,800.00 on the local newspaper. Unfortunatel y Ah Beng was not in and Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s wife is the person who was answering the call. Based on section 4 (1) , a communication is complete when it comes to the knowledge of the person to whom it is made. Refers to case law, R v. Clarke. Clarke was an accomplice to the murder of two policeman, the Australian published a notice granting pardon and a reward of A$ 1,000. Clark supplied the information but he admitted that at the time he gave the information he had forgotten about the reward money. The court held that he was not entitled to the reward as he was not aware of the reward at all. The contract is therefore invalid as Ahmad did not deliver his messages and offers to Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge and not conforming to Section 4(2)(b). However, the contract can still be valid if Ah Beng give authorization to his wife to accept the offer on behalf of Ah Beng. This is illustrated in the case law Powell n Lee, the court held that there was no authorized communic ation made by the acceptor. Ah Beng and Maniam Maniam read the advertisement and went over Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s house to look for the motorcycle. Maniamà ¢Ã¢â€š ¬Ã¢â€ž ¢s act is to inquire more information about the motorcycle. The conversation between Maniam and Ah Beng signifies that the advertisement made by Ah Beng regarding the motorcycle is uncertain as there are informations about the motorcycle that Ah Beng did not mention clearly in the advertisement such as the model of the motorcycle, colour of the motorcycle, accident free and current condition of the motorcycle have not been told from the advertisement. This have caused uncertainty for the consideration of an agreement, therefore invalid contract based on section 30. This scenario can be referred to the case law, Karuppan Chetty v. Suah Thian 1916, à ¢Ã¢â€š ¬Ã…“lease at $35.00 per month as long as he likeà ¢Ã¢â€š ¬Ã‚  is unacceptable by the court therefore declared void for uncertainty. Maniam notic ed that the battery was weak and both of the tyres were worn off during the inspection of the motorcycle. Ah Beng immediately offered the price to RM 2,700.00 and has become the new offeror, on the other hand Maniam become the new acceptor. As the negotiation going on, case law Lau Brothers Co v. China Pacific Navigation Co. Ltd 1965, no agreement will be formed under negotiation. However Maniam agreed to bring the cash on the next day expecting Ah Beng to replace the two tyres with the new ones. It is a new condition set by Maniam, leading to a counter offer. Based on section 7 (a), the acceptance made must be absolute and unqualified. Therefore the contract is not valid as Maniamà ¢Ã¢â€š ¬Ã¢â€ž ¢s counter offer is a rejection of the initial contract, contracts subject to contract. The contract would only be valid if it is free consent from both parties. Refers to case law Hyde v. Wrench 1840, the defendant offered to sell his estate to the plaintiff on 6th of Jun for  £1, 000. On 8th of June the plaintiff made a counter proposal, 27th of June the defendant refused to accept his offer. Two days later the plaintiff wrote to the defendant that he was prepare to pay  £1,000, the defendant refused. The court held that there was no acceptance as by rejecting the original offer the plaintiff had destroyed the offer. In effect the plaintiff is now making a new offer. By asking Ah Beng to replace the worn off tyres with new ones, Maniam has become the offeror again whereas Ah Beng as the acceptor of this new agreement. At the end of the day, Ah Beng did not give response to Maniamà ¢Ã¢â€š ¬Ã¢â€ž ¢s further request. Based on section 7 (b), Mental acceptance is no acceptance, silence will not amount to acceptance. Refers to case law Felthouse v. Bindley, plaintifà ¢Ã¢â€š ¬Ã¢â€ž ¢s uncle offered to buy a horse from plaintiff for  £30 adding à ¢Ã¢â€š ¬Ã…“If i hear no more about him, i consider the horse mine at the priceà ¢Ã¢â€š ¬Ã‚ . The court held that the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s silence did not amount to acceptance of the offer. In this case, Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s reaction towards Maniam is not an acceptance to the contract, therefore the agreements between Ah Beng and Maniam is invalid. Ah Beng and Jack A classmate of Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s 16 year old son, also came to know about the advertisement. Jack immediately went over to Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s house and gave five hundred ringgit in cash to Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s son with a promise that he will pay the balance the next day after he gets it from his parents. Section 10 (1) states that if the agreements are made by free consent of parties for a lawful consideration are not hereby expressly declared to be void. Jack is willing to enter the contract by offering his money Ah Beng without being forced. Based on section 11 Capacity as per Age of Majority Act 1971, said that the age of majority to enter a contract is at the age of 18 and above. Case law Tan Hee Juan v. Teh Boon Keat, a minor entered into a contract of transferring land. The court held that the contract was void. Jack is a minor, 16 years old and incapable of entering a contract. Moreover, section 69 said that the necessaries suited to his condition in life is not valid. Case law Nash Vs. Inman (1908) a minor, who was already having sufficient supply of clothing suitable to his position, was supplied further clothing by a tailor. Unlike case law Scarborough v. Sturzaker 1905 where the minor needs a motorcycle to travel to work for 12 miles (19 km ) distance everyday. In this case, a motorcycle is necessaries suited to the condition in life. However, there are few exception for necessity which is valid contract. Such as marriage contract, case law Rajeswary v. Balakrishnan 1958. Case law Government of Malaysia v. Gurcharan Singh 1971 stated that scholarship contract is valid for a minor as education is a necessity nowadays. Insurance is also a valid contract for a minor. Based on Insurance Act 1963, a minor can enter an insurance contract if he is above ten years old. According to section 66, obligation of person who has received advantage under void agreement or contract that becomes void. When a contract becomes void, any person who has received any advantage under the agreement is bound to restore it, or make compensation for it to the person from whom he received it. Therefore, Ah Beng is obligated to restore balance, return the five hundred ringgit to Jack. Referring to case law, Thong Foo Ching Ors v. Shigenori Ono 1998. Conclusion In conclusion, non of the person above have a valid contract with Ah Beng. First, the communication is yet to be complete between Ah Beng and Ahmad as Ahmad called and Ah Bengà ¢Ã¢â€š ¬Ã¢â€ž ¢s wife is the person who answered the call (section 4 (1) Communication). Next, being silence did not amount to acceptance of the offer (section 7 (a). Therefore invalid contract with Man iam as Ah Beng remain silence. Next, the capacity of both parties must be competent to enter a contract in order to make it legal, section 11 Competent to contract. In this case the contract between Ah Beng and Jack is invalid due to the age of Jack, minor (16 years old) . Don’t waste time! Our writers will create an original "A Problem Question on Contract Law" essay for you Create order

Canadas Parliament the House of Commons

Just like  many European countries, Canada has a parliamentary form of government, with a bicameral legislature (meaning it has two separate bodies).  The House of Commons is the lower house of its  parliament and is made up of  338 elected members. The Dominion of Canada was established in 1867 by the British North America Act, also known as the Constitution Act. Canada remains a constitutional monarchy and is a member state of the Commonwealth of the United Kingdom.  So  Canadas parliament is modeled after the UKs government, which also has a House of Commons (but Canadas other house is the Senate, while the UK has a House of Lords). Both houses of Canadas parliament can introduce legislation, but only members of the House of Commons can introduce bills having to do with spending and raising money. Most  Canadian laws  start as bills in the House of Commons.   In the Commons Chamber, MPs (as Members of Parliament are known) represent constituents, discuss national issues and debate and vote on bills. Election to the House of Commons In order to become an MP, a candidate runs in a federal election. These are held every four years. In each of Canadas 338 constituencies, or ridings, the candidate who gets the most votes is elected to the House of Commons.   Seats in the House of Commons are organized according to the population of each province and territory. All Canadian  provinces or territories must have at least as many MPs in the House of Commons as the Senate. Canadas House of Commons has more power than its Senate, even though the approval of both is needed to pass legislation. Its highly unusual for the Senate to reject a bill once its been passed by the House of Commons. And Canadas government is answerable only to the House of Commons; a Prime Minister only stays in office as long as he or she has the confidence of its members. Organization of the House of Commons There are many different roles within Canadas House of Commons. The Speaker is chosen by MPs via secret ballot after each general election. He or she presides over the House of Commons and represents the lower house before the Senate and the Crown. He or she oversees the House of Commons and its staff. The Prime Minister is the leader of the political party in power, and as such is the head of Canadas government. Prime Ministers preside over Cabinet meetings and answer questions in the House of Commons, much like their British counterparts. The Prime Minister is usually an MP (but there were two Prime Ministers who began as senators). The Cabinet is chosen by the Prime Minister and formally appointed by the Governor General. The majority of cabinet members are MPs, with at least one senator. Cabinet members oversee a specific department in the government, such as health or defense, and are assisted by parliamentary secretaries, also MPs appointed by the Prime Minister. There are also Ministers of State, assigned to assist cabinet ministers in specific areas of  government priority. Each party with at least 12 seats in the House of Commons  appoints one MP to be its House Leader. And each recognized party also has a whip, who is responsible for making sure party members are present for votes, and that they hold ranks within the party, ensuring unity in votes.

Application Virtualization For A Virtual Machine Monitor (...

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The Movie Hunger Games Essay - 868 Words

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Distally Based Sural Artery Flap Health And Social Care Essay Free Essays

Methodology: This prospective interventional survey was conducted from March 2007- February 2009 at the Department of Plastic Reconstructive Surgery and Burns Unit, Liaquat University of Medical Health Sciences, Jamshoro. Sample was collected by non chance convenience sampling. A predesigned proforma was used to roll up the information. We will write a custom essay sample on Distally Based Sural Artery Flap Health And Social Care Essay or any similar topic only for you Order Now SPSS 17 was used for informations analysis. Consequences: Age of 35 inducted patients ‘ ranged from 13-57 old ages with Mean ±SD age of 31 ±7.7 old ages. There were 29 males ( 82.85 % ) and 6 females ( 17.14 % ) . All flaps were survived ; partial tip mortification was seen in 3 patients ( 8.57 % ) . Mode of hurt was route traffic accident in 30 patients ( 85.71 % ) . Two immature males ( 5.71 % ) were with spoke wheel hurt. Two patients ( 5.71 % ) had force per unit area sore lesions. One patient ( 2.85 % ) has exposed calcanium due to fire hurt. Paresthesia on sidelong boundary line of pes resolved on its ain within 6 months period in all instances, there was no neuroma formation. Decision: Sural arteria flap is an outstanding pick for direction of soft tissue defects of lower appendage, specially exposed calcanium and malleolus due to its first-class blood supply and easiness of public presentation. Keywords: lower appendage Reconstruction, sural arteria, sural arteria flap, fasciocutaneous flap Introduction: Soft tissue coverage of lower appendages defect is disputing to both plastic and orthopaedic sawboness. Lower appendage is prone to trauma and jeopardies due to its location and low vascularity. Unlike trunk, there is limited figure of flap picks available for Reconstruction of lower limb defects. These flaps should be able to cover the defect specially any open bone, nervus, sinew or any major vass ; besides it should be easy to execute and give permanent consequences to patient. The really fist documented thought of fasciocutaneous flap was presented in 1980 by Poten, and that resulted because of advanced cognition and survey of anatomy of lower particularly in footings of neurovascular construction, muscular structure, and blood supply to clamber and deep facia. Poten described and emphasized upon the function of fasciocutaneous flap for Reconstruction of lower leg defects due to their dependability and safety profile. Upper and lower appendages have longitudinal dispersed superficial nervousnesss and hypodermic venas. It is advised that fasciocutaneous flaps should integrate these nervousnesss and venas which help in flap endurance and diminish the ratio of flap mortification and best illustration of such fasciocutaneous flap is sural arteria flap which is based on average superficial sural arteria which is a subdivision of superficial Sural arteria. The pedicel sural flap consists of superficial and deep facia, lesser sephanous vena, average superficial little arteria and sural nervus, whereas the flap consists of tegument with hypodermic tissue and facia along with above mentioned neurovascular constructions. Methodology: This prospective interventional survey was conducted form March 2007- February 2009 at the Department of Plastic Reconstructive Surgery and Burns Unit, Liaquat University of Medical Health Sciences, Jamshoro. During the survey period patients coming for coverage of lesion on lower appendages were included in the survey after obtaining informed consent. A predesigned proforma was used to roll up the data.. Patients were followed for a period of six months. SPSS 17 was used for informations analysis After all sterile steps the flap was raised. All patients were operated under spinal anaesthesia. After application of compression bandage, the surface markers were drawn at the sidelong boundary line of Achilles tendon medically and laterally at the border of fibular shaft. At sidelong malleolus a sidelong scratch is made, the median scratch is made at the sidelong boundary line of Achilles sinew which continues till the point of its interpolation at border of defect or tubercle of calcanium. After scratch on tegument and facia, the short sephanous vena is ligated and sural nervus is divided. Flap is than raised distally, subdivisions of peroneal arteria are included in sub facial fat in the flap to guarantee maximal blood supply. Flap is so advanced along the sidelong border of Achilles sinew. Donor side is so near chiefly if flap is little in size, otherwise natural surface is covered with partial thickness tegument grafting. After a period of 3 hebdomads the flap is detached and its distal portion is stitched back to its original location. Consequences Sural flap was done in 35 instances. Patient ‘s age ranged from 13-57 old ages with Mean ±SD age of 31 ±7.7 old ages. There were 29 males ( 82.85 % ) and 6 females ( 17.14 % ) . Majority of patients were between 31-40 twelvemonth of age Table I. All flaps were survived, partial tip mortification was seen in 3 patients ( 8.57 % ) , and remainder had good viability of full flap. Mode of hurt was route traffic accident in bulk of instances i.e. 30 patients ( 85.71 % ) . Two immature males ( 5.71 % ) with radius wheel hurt. Two patients had force per unit area sore lesions. One patient ( 2.85 % ) has exposed calcanium due to fire hurt. Paresthesia on sidelong boundary line of pes resolved on its ain within 6 months period in all instances, there was no neuroma formation. Discussion Reconstruction of lower appendage defect are still an mystery for fictile sawboness working in a apparatus where microvascular surgery installations are non yet available. The most common site is heel which is a weight bearing country and is prone to trauma and other jeopardies like force per unit area sores. The tegument over the heel is less nomadic and has hapless blood supply. Following rehabilitative ladder several options have been studied for soft tissue coverage of open heel including septo cutaneal, axial form, random form, musculus flap and free flaps. So far, fasciocutaneous flaps are proven to be an armamentarium for fictile sawboness, particularly when it comes to Reconstruction of lower appendage defects. Though many writers are of sentiment that medical plantar flap is the best option for coverage of open heel. However others are of sentiment that sural arteria flap offers the same. Viability of island flaps are ever questionable due to cut down blood supply, another o ption for coverage of open heel defects is sidelong calcaneal flap which is based on sidelong calcaneal arteria, it besides contain lesser sephanous vena and sural nervus. However once more it has a short coming o tantrums little size, that ‘s why it is non ever suited for open heel defects particularly larger in size. Distally based contrary flow sural arteria flap is option of pick since 1980s. it is based on median superficial sural arteria. The blood flow is in contrary from the peroneal arteria in distal portion of leg. Small nervus besides has its ain arterial supply. These all subdivisions anastomosis freely in superficial plane. Many writers have reported that distally bases sural artery flap as a versatile and dependable flap for Reconstruction of lower appendage defect. Several surveies have reported experience of coverage of calcaneal and malleolus defects with good result with sural flap. The major drawback of this flap is forfeit of sural nervus ; nevertheless surveies report that the esthesis improves over the period of clip and same was the instance in this series on a 6 months follow-up. Decision It is concluded that distally based sural arteria flap is an first-class option for coverage of soft tissue defects of lower appendage, specially exposed calcanium and malleolus due to its first-class blood supply. Table I Age gender distribution Age scope ( old ages ) Males Number of patients ( % ) Females Number of patients ( % ) 10-20 6 ( 17.14 % ) – 21-30 5 ( 14.28 % ) 1 ( 2.85 % ) 31-40 14 ( 40 % ) 3 ( 8.57 % ) 41-60 4 ( 14.4 % ) 2 ( 5.71 % ) Entire 29 ( 82.85 % ) 6 ( 17.14 % ) Chart I Mode of hurt How to cite Distally Based Sural Artery Flap Health And Social Care Essay, Essay examples

Analysis of Advertisement

Question: Discuss about the Analysis of Advertisement. Answer: Introduction: The aim of the paper is to identify two important external factors that significantly influence consumer purchasing behaviour. As pointed out by Danaher and Dagger (2013), there are a number of external factors that are indeed important to keep in mind at the time of designing an advertisement. Following are the two factors that might be used to improve the print advertisement of Cool Switch. Social class and lifestyle: The culture of Singapore is inclined towards the Western Culture in spites that the major population are Asian than include Malay, Indian, Chinese and to some extent the British. As stated by Aaker and Biel (2011), their cultural symbolism is associated with economic prosperity with a distinct ethnic culture. This particular print ad of Cool Switch the model has been portrayed as hard working and the body wear is helping the person to match the hardship that also help to perform better. An improvement is suggested in this perspective. Rather than portraying a single model, the advertisement would have used a couple or two models that would portray a culture of togetherness. There would have been two or more models who are working out together. This shall attract the attention of more target consumers (Danaher and Dagger 2013). The models should comprise of both males and females that would create a sense of sex role in the advertisement and will attract consumers from both sexes. The image of the models should be portrayed in a way that it by wearing the outfits of Cool Switch, they can maintain a social class and high life style. Word of mouth, social media, fashion: As already mentioned, the theme of the advertisement could be made more interesting rather than keeping it dull. If the image portrayed that a couple or two of the people are doing certain work out at the gym, it would have gained greater attention of the readers (Sraphin et al. 2016). It is a common trend that both boys and girls work out together at the gym and perhaps it is often found that they keep on trending the same over the social media. Thus, there remained a chance that the advertisement would have become a word of mouth of the readers and impacted Group and situational effects on consumer behaviour. Therefore, it can be easily said that by creating a thematic advertisement better improvement would have been made to the print ad. References: Aaker, D. and Biel, A., 2011.Brand equity advertising. 1st ed. Hillsdale, N.J.: Lawrence Erlbaum Associates. Danaher, P.J. and Dagger, T.S., 2013. Comparing the relative effectiveness of advertising channels: A case study of a multimedia blitz campaign. Journal of Marketing Research, 50(4), pp.517-534. Sraphin, H., Ambaye, M., Gowreesunkar, V. and Bonnardel, V., 2016. A marketing research tool for destination marketing organizations' logo design.Journal of Business Research, 69(11), pp.5022-5027.