The Anti War Movement Of The Vietnam War Essay Example For Students

The Anti War Movement Of The Vietnam War Essay The Anti-War Movement J,J,J,J,United States participation in the Vietnam War was a subject of much debate among the American public. While many Americans supported the United States involvement in the War, in agreement with the Government that American assistance was needed in order to stop the spread of Communism, other people felt that it was immoral for the United States to involve itself in another countrys internal matters. The antiwar movement against Vietnam in the US from 1965-1971 was the most significant movement of its kind in the nations history. Anti-war protesters ?were not confined to the young, radicals, intellectuals, and the disaffected?. By 1968, included many powerful individuals within the business and financial communities, the media, and the government itself? ( McMahon 466). Also by 68, protesters numbered almost seven million, with more than half being white youths in the college. We will write a custom essay on The Anti War Movement Of The Vietnam War specifically for you for only $16.38 $13.9/page Order now Students for a Democratic Society, (SDS), announced its opposition of the Vietnam War publicly in 1965. In a public announcement, they state their reasons for disagreement. ?We feel that the war is immoral at its root, that it is fought alongside a regime with no claim to represent its people, and that it is foreclosing the hope of making America a decent and truly democratic society?.We are anxious to help and to change our country; we refuse to destroy someone elses country (McMahon 467).?The SDS was not alone in their opposition. Civil-Rights leader, Martin Luther King, Jr., declared his opposition in 1967. He stated many reasons. it became clear to me that the war was doing far more than devastating the hopes of the poor at home. It was sending their sons and brothers and their husbands to fight and die?As I walked among the desperate, rejected and angry young men, I have told them that Molotov cocktails and rifles would not solve their problems?But, they asked, what about Vietna m?Their questions hit home, and I knew that I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today my own government? (McMahon 471). One aspect of the anti-war movement were teach-ins. Teach-ins were mass public demonstrations, usually held in the spring and fall seasons. These well-publicized rallies made the antiwar effort more respectable. The White House was plagued by two wars: the war in Vietnam and the war at home?. In October 1967, protesters marched on the Pentagon. This was one of the most significant events of the antiwar movement. Although the marchers were unable to get into the Pentagon, this demonstration had a direct influence on the redirection of American policy in Vietnam. The antiwar effort crippled Johnsons presidency. In 1968 he announced that he would not be running for re-election. The antiwar movement inadvertently helped Richard Nixon win the election. Once elected, Nixon was bothered with the antiwar movement. He was convinced that it prolonged the war. He could not understand how the current generation of young people could include brave young marines, hippies and draft-card burners. In May 1970, Nixon ordered an attack on Cambodian sanctuaries to destroy communist command-and-supply buildings. He also tried to contain the protest that he knew his action would provoke. His hopes of controlling the rally failed when poorly trained National Guardsmen killed four students at Kent State University, on May 4. This made the expected protests much worse than anyone in Washington could have foreseen. The wave of demonstrations on hundreds of college campuses paralyzed Americas higher-education system. The Kent State tragedy ignited a nationwide campus disaster. ?Between May 4 and May 8, campuses experienced an average of 100 demonstrations a day, 350 campus strikes, 536 colleges shut down, and 73 colleges reported significant violence in their protests. On that weekend, 100,000 people gathered to protest in Washington. By May 12, over 150 colleges were on strike? (Internet source). The overwhelming response to the invasion of Cambodia and the Kent State crisis soon became too much for President Nixon. On December 15, Nixon announced his intention to withdraw fifty thousand troops from Vietnam in 1970Among the most convincing theories of the movement were that it exerted pressures directly on Johnson and Nixon. Many feel the movement contributed to the end of their policies. The movement exerted pressures indirectly by turning the public against the war. It encouraged the Northern Vietnamese to fight on long enough to the point that Americans demanded a withdrawal from Southeast Asia; it influenced American political and military strategy. The movement affected even those at the highest ranks of the government and the media, putting pressure on government officials to end the war in order satisfy an angry American public. The movement contributed to the resignations of many government officials. It is now clear that the antiwar movement and antiwar criticism in the media and Congress had a significant impact on Vietnam. Its key points being the mass demonstrations by the college students across the country and the general public opposition to the war effort in Vietnam. Overall, the movement eroded support for Johnson and Nixon, especially by the informed public. Thus, from the beginning of the US involvement in Indochinas affairs, the antiwar movement in the US from 1965-1971 was the most significant movement of its kind in the nations history. BibliographyMcMahon, Robert J. Major Problems in the History of the Vietnam War. D.C. Heath and Company. 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Batman Versus The Dark Knight Essay

Batman Versus The Dark Knight Essay Batman Versus The Dark Knight Essay Lauren Anglin August 30,2013 APSU 1000 â€Å"Saints At The River Essay† There are many tragic events that occur every day all over the world. One tragedy was the accidental drowning of a young girl who was vacationing with her family in South Carolina. Now, there were two sides of opinion going around about the incident, two different points of view from separate people, and one decision that ultimately had to be made. Clearly, the one decision that had to be made was whether to disturb the rivers natural state, and violate the Scenic Rivers Act of 1978to get Ruth’s body out of the encircling rapids of the Tamassee River, or leave it alone. Ruth’s parents naturally want their daughter’s body out of the river. However, it is not that easy to get what they want when they want it in a situation like this one. Luke Miller and his band of followers will do just about anything to protect the river from being disrupt from its natural state. As all these feelings and opinions are flying around about Ruth and the river, lots of emotion begin to rise up more and more. The conflict would best be meditated to only take into consideration the two main sides which the argument came about. Sometimes it is very difficult to please both sides of an argument and somehow come to a resolution meeting in the middle. I would say, especially in a touchy situation such as this one, the resolution would either leave the girl’s body in the Tamassee, or figure out a way to retrieve her not allowing a change in laws or policies in order to get her body out without degradation of the river. In my personal opinion, I think the best way to resolve both sides of the argument would be to ensure a solution that obtains the girl’s body without altering the river. The river needs to stay free of commercialization and degradation of its natural beauty, but sympathy must be given to the Kowalsky family in that their daughter cannot be forgotten. Their daughter should be removed from the Tamassee. The best available option easily seems to be the portable dam. There were strict

Middle School Teachers' Understanding of School Bullying in Mainland Literature review

Middle School Teachers' Understanding of School Bullying in Mainland China - Literature review Example The concept of bullying was perceived at a certain point of time to be a ritual in relation to passage or rather a harmless form of conduct that aided in forming characters in the young age. However, presently this particular idea of bullying is considered to pose long-term physical, emotional and academic consequences on the bully as well as on the victim (Blazer, 2005). The increasing rate of bullying activities is gradually emerging to be a grave matter for numerous elementary students. Bullying is identified to be amongst the triggering factors of violence which calls for the immediate correction for this kind of a behaviour. The conduct of bullying is often regarded to be a form of personal conducts which is acquired from the surroundings. Therefore, it implies that bullying, being a learning behaviour, makes it competent of being assessed and altered according to the needed requirements that get deciphered from the evaluation (Blazer, 2005). According to Olweus (1996), a student is found to fall a victim to bullying behaviour when that specific individual constantly remains open to the elements related to abusive activities or nuisances and irritations caused by the other students. The main intention behind such kind of bullying activities is believed to be the foremost concern of gaining dominance and power over the other students or the individuals. Majorly, three different forms of bullying behaviour has been identified which entails physical form, verbal form and psychological form. The physical outward appearance of bullying behaviour is known to encompass kicking, pushing, property destruction, hitting, spitting and stealing. In the similar context, the verbal kind of bullying behaviour has been learnt to engage various activities such as depicting malevolent wit, making coercion, screening hurtful behaviour and name calling. Furthermore, the psychological form of bullying activities is found to entail influencing social relationships, extortion, spreading rumors, intimidation and segregation from a certain peer group (Blazer, 2005; Cohn & Canter, 2003). The aspect of this particular kind of behaviour, i.e. bullying, is learnt to engage two vital constituents that have been recognised as the psychological or the physical form of threats often found to take place frequently with time along with the factor of power imbalance. It becomes quite imperative to be mentioned in this respect that there are certain kinds of behaviours

Business ethics research paper Annotated Bibliography

Business ethics research paper - Annotated Bibliography Example This paper explores a maximization ratio of the expected return to the standard deviation of return for the portfolio. This paper highlights a full optimization of three possible portfolios. The modern portfolio theory defines an asset as a function that is normally distributed, and risk as the return’s standard deviation. In the case of Exxon and McDonald’s, there are three optimal portfolios. These are; Whenever an investor is given the tree portfolios, the investor is likely to prefer the portfolio with smaller risk. An investor will pursue a high-risk portfolio in a case where he is compensated by returns that are high. On the other hand, an investor in need of high returns will have to accept increased risks. In this respect, the objective would be to maximize the reward to risk ratio (Neubman, 2008). In order to establish the most preferred portfolio from the three, one should find out the number of expected risks and returns that an investor would be willing and able to accept. The expected returns in a portfolio could be given by W1E(r1) + W2 E(r2), where w1 weights in asset A1 and W† are weights in assets A2. E(r1) is the return expected in asset A1. The table below highlights the three portfolios with their risk and return. The efficient portfolio will have any amount of combined assets. The efficient asset allocation, in this case, would be examined using the two risky assets. For instance if a proportion worth $1000 is invested in the two companies, Portfolio 1 explains that 50% of $1000 ($500) would be invested in Exxon, and 50% of $1000 ($500) would be invested in McDonald’s. The return that is expected on this portfolio is an average that is weighted of the return expected on the asset components (Enrick, 2006). The second portfolio explains that 80% of $1000 ($800) would be invested in Exxon and 2o% of 1000 ($200) would be invested in

Challenges and security issues Research Paper Example | Topics and Well Written Essays - 1000 words

Challenges and security issues - Research Paper Example Therefore, the organization failed to follow the standards laid down in testing the product before releasing it to the market. That led to the soft ware problem. Laudon (2011) says that in regard to technology, MacAfee’s system failed to detect possible dangers the product was posing to consumers using the windows XP and Service Pack 3, which was widely used in desktop PC configuration. In this case, technological factors played a significant role in MacAfee’s soft ware problem. Question 2 MacAfee lost a significant number of its customers as a result of the software problem. Actually, the company lost loyalty of its key clients after their computers crushed as a result of antivirus updates. According to Laudon (2011), the company lost most of its customers as a result of management’s sluggish response to the crisis, and the company’s initial effort to ignore the issue’s impact to the consumers. MacAfee’s reputation in the corporate business environment was dented as a result of its misleading reaction to the technical hitches on its systems. On the other hand, consumers’ businesses were affected as a result of their computers being crippled. According to Laudon (2011), this slowed down the normal operation of consumers’ businesses; hence leading to loses and idle time in labor. ... This was contrary to the fact that a significant number of clients were affected. Question 4 MacAfee’s management should come up with a set of standards meant to ensure adherence to testing procedures. This will facilitate efforts meant to determining a product’s quality before being released into the market. According to Laudon (2011), this will help to curb any deterrent effect a product may have on consumers. Chapter 8: How Secure is the Cloud Question 1 With respect to the security problem of tracking unauthorized activity, this can be controlled using a cloud vendor. According to Laudon (2011), this is a public company whose mandatory requirement by law is to disclose how it manages information. On the other hand, the problem can be controlled by use of cloud vendor that allow subscribers to choose where their cloud computing work takes place. Question 2 People who contribute to security problems in the cloud include those who hack into data bases and try to access companies’ information. They do this despite the fact that information stored within the subject databases is unauthorized to them. According to Laudon (2011), these people pose a security threat to companies’ information as they subject them to unauthorized alterations. In addition, organizations contribute to unauthorized access as they fail to pay attention to their security practices. Laudon (2011) agrees that they fail to secure their infrastructure. Lastly, the high cost of technology contributes to security problems. That is because of the dynamics and high costs associated with advanced technology. Most firms cannot afford secure systems for them to store and back

Law for Standard Form Contracts in Businesses

Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of  £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife  £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of  £65,000 a year; he had meant to offer it at  £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno Law for Standard Form Contracts in Businesses Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of  £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife  £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of  £65,000 a year; he had meant to offer it at  £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno

Important Formative Experience That Made Me The Adult I Am Today :: essays research papers

Important Formative Experience I have had many theater-related experiences. Every chapter that I have read in my theater book has allowed me to make a connection to my past experiences with theater performances. I have also seen many plays and could relate to things an audience sees by reading the book. My first theater experience ever is when I was in the Nutcracker. We did a ballet performance for this play. I was very young when I did this, but I remember my instructor always saying that we must make contact with our audience through movements. Since in ballet you can not talk, you have to express the emotions that you are feeling to the audience through movement. This was very difficult. I must say that acting with words is a lot easier than acting through dance. In chapter one of my theater book, I was able to make the connection of "theater" is "work" to my experience of work in a theater with school plays. I know that I did not work as hard as professionals do, but I did work hard. For three months, we practiced everyday except for Saturday and Sunday, from 3:30 to 6:30. I helped with a lot of the choreography, so that made my days even longer and harder. However, this was also an enjoyable work experience for me. While reading the passage, I was able to relate with some of the "theater times" because of my play director. My high school director was very talented in directing plays. He would talk to us as if we were professionals and made us put more into what we were doing. That would be impersonation. When the passage talked about art, I thought of my art teacher who would always design all of the sets and made them look so lifelike. When the passage said that there are more behind the stage workers than on stage workers, I knew that that is very true. We had the front and backlighting, the designing people, who cleared the sets and put on new ones, the directing and the building crews. I was able to relate most of the passage through my own past experiences. Chapter 3 talks about "the actor". I found this chapter very interesting. I found out that actors had to go to college too. I also found it compelling to learn that in the passage on page 76, under the picture, it talks about how playing "ordinary people" in a realistic play is often the biggest challenge for an actor.

Government and Society

Corporate Social Responsibility is essentially about doing good and doing well.It generally refers to the process of integrating social values and mission within business decision making, to achieve positive and sustainable outcomes towards business, environment and the community at large. Concept of CSR includes specific issuesProduct safety Honesty in advertising Affirmative action Employees rights Affirmative action Environmental sustainability Ethical behavior Difference btw illegal and unethical behavior Eg: Buffet: wasted food. Glob csrCorporate Citizenship Concepts Corporate Social Responsibility ïÆ'   Obligation ïÆ'   accountability Corporate Social Responsiveness ïÆ'   Action activity Corporate Social Performance ïÆ'   outcomes resultsBusiness criticism/ social Responsibility cycle4-part definition of CSR Sustainable stakeholder model The Social Responsibility of business encompasses the economic, legal, ethical and discretionary ( philanthropic) expectations that societ y has of organizations at a given point of time. Economic ResponsibilitiesBusiness employs many management concepts that are directed toward financial performance of the organization Economic sustainability REQUIRED of biz by society Profitable Max sales, min costs Strategic decisions Legal responsibilities Reflect spciety’s view of â€Å"codified ethics† in the sensethat they embody basic notions of fair practices as established by our law makers Biz’s responsibility toward society to comply with these laws Do not embrace the full range of behaviours expected of biz by society Law is unable to address all issues that biz may faceLaw often lags behind more recent interpretationsof what is considered appropriate behavior Laws are made by lawmakers and may reflect the personal interest and political motivations of legislators rather than appropriate ethical justifications. Laws are essential but not adequateREQUIRED of biz by society Obey all laws, adhere to all r egulationsEthical Responsibilities Embrace activities and practices that are epected or prohibited by society even though they are not codified into aw Embody the full scope of norms, standards values and expectations that reflect what consumers, employes, shareholders, and the community regard as fair, just, and consistent with respect for or protection of stakeholders’ moral rights. Ethics/values are the driving forces behind the initial creation of laws and regulations. EXPECTED of a bizAvoid questionable practices. Do what os fair right and justDiscretionary expectations ( Philantrophic) Reflect current expectaions of biz by the public. Amount and nature of these activities are voluntary or discretionary, guided only bu biz’s desire to engage in social activities that are not mandated, not req by law, and not generally expected by biz in an ethical sense DESIRED/EXPECTED of biz by societyGood corporate citizen Contribute back by providing programs supporting commun ity: education, health or human services etc†¦ Provide for community betterment Engage in volunteerismPyramid of CSR Sustainable stakeholder modelEquation Economic Responsibility + Legal Responsibilities + Ethical Responsibilities + Philantrophic Responsibilities = Total Corporate ResponsibilityArguments against CSR FOR AGAINST Enlightened Self-interest If business is to have a healthy climate in which to operate in the future, it must take actions now to ensure long term viability Long term viability is the pri driver in the current concern for sustainability. Warding off government RegulationsAbility to ward off future govt regulations and intervention May ensure greater freedom in decision making Resources available Biz has a reservoir of management talent functional expertise, and capital.Proacting versus Reacting Proacting is more practical and less costly than simply reacting to problems that have alr occurred. Eg: environmental pollution: Biz cld prevent environmental de teoriration by adopting cleaner alternativesPublic support Classical Economics Social issues are not concerns of biz pp Should be resolved by the unfettered workings of the free market Business not equipped Managers are oriented towards finance and operations and do not have necessary expertise ( social kills) to make social decisions. Less true todayDilutes business purpose Too much power already Global competitiveness Placing biz in a vulnerable position in terms of global competition. Biz has to internalize costs that it formerly passed on to the society: environmenta cisr, discrimination.

Domestic & International Market

Types of resources and capabilities underlie BMW Approach to Innovations. Founded In 1916, Bayberries Motormen Worker GAG, well known as BMW, Is a German automobile company, mall headquarter In Munich, Germany. Well, BMW also known as one of the leading manufacturing of luxury cars. Nowadays when we are walling form Apple Inc. To launch their new generation innovative cell phone, the same image BMW has in today's world market regarding their new innovative features luxury cars. BMW has gained the status of innovative luxury cars by utilizing its best resources and provide best qualities to its customer.There are many automobile companies UT there but only few firms in this industry are earned a title of innovations, and BMW comes first in that list. The main reason behind BMW success is their own Research and development center around the world, BMW group spend billions of dollar behind this R to provide best quality and innovative product to its customers. BMW comes In top 25 compan ies of best brand value in the world, today Its brand value exceeded to 25 Billion dollar because of Its R and Innovative Ideas of luxury cars.There are more than 8500 employees are working at Research and Development center of BMW around the globe. When I look over to the BMW group site, I found many facts about BMW regarding their innovative strategies. When I review their website I found out that currently BMW R teams are working for 2020 product of BMW. The assembly line of BMW is also ranked 1st in the auto industry by their innovative process of manufacturing luxury cars. BMW are more focused on their efficient innovation process by its innovative culture.The structure of company's culture are more emphasis on differentiate and innovative ideas, and there is no doubt that BMW is holding one of the best talented pools of employees and cosmologies to approach the innovation. As per my opinion BMW will maintain Its title of Innovation because of their advance technologies such as using own optimizing engine, lower emission advance technologies, habitation, electrification and newly developed connected drive technologies. Bum's Sustainable Production.Bum's sustainable production has focused on many important factors as it mentioned below. Advanced technology by reducing emission of CO to 50%. BMW is leader in using renewable energy for production and value. Electro mobility. Always ready for future challenge by advanced technology. Continuous improvement in employee motivation for innovation. Less consumption on natural resources in production. Mobility patterns. Raising workforce awareness by providing essential training to the employees. Product Safety.Sustainable construction and process. More focusing on Opportunities Strong Brand Value. As per the current BMW strategic action regarding the future production as well as with advanced innovative technology, BMW is the only firm I found who can survived even after we will out of the fuel energy, BMW had alr eady started working on hydroelectric advanced vehicle production, environment friendly and safety icicles, advanced production process which helps BMW to maintain its title of innovative firm.How do the resources, capabilities, and activities of BMW contribute to its differentiation strategy and unique position in the industry it has achieved? By using advanced technology and innovative ideas for production and best quality product, BMW had earned the best brand value in auto industry. BMW is also recognize as leader of innovation in auto industry, I still remember that when I bought Phone AS which had feature of Sir, but I also found out that BMW had developed this feature long back in 2006 in their BMW 7 series Models.None of the firm in auto industry had achieved in advanced technology yet and BMW group is the only company who looks to the future and gears its actions towards the long term. Well, BMW is not only one who is spending large amount on R&D, there are many other autom obile industry does same, but the uniqueness of BMW is the process and strategy they are using, the different culture of innovation spread in BMW, the status of innovation and advanced technology, the status brand and many other factor are consider to be the uniqueness of BMW.BMW had keep this innovative title form last two decades cause of their uniqueness and differentiate strategy where other automobile companies find hard to adopt it, the main reason behind this uniqueness is the firm's organization culture of innovation where all employees are allowed to think different and something new that world had never seen.

Free Essays on Relativism

The year was 1943. Hundreds of Jewish people were being marched into the gas chambers in accordance with Adolf Hitler's orders. In the two years that followed, millions of Jews were killed and only a fraction survived the painful ordeals at the Nazi German prison camps. However, all of the chaos ended as World War II came to a close: the American and British soldiers had won and Hitler's Third Reich was no more. A certain ethical position would state that the anti-sematic Nazi German culture was neither right nor wrong in its actions. In fact, it is this view of the cultural relativist that assumes all actions considered right in a culture to be good for that culture alone. Moreover, the relativist claims that these actions cannot be judged according to their ethical correctness because there is no absolute standard by which they could be compared. In the above case, this position would not allow for the American and British soldiers to interfere with the Nazis; the relativist would claim that the Allies were wrong in fighting the Germans due to a cultural disagreement. In truth, it is the relativist position which has both negative logical and practical consequences, and negligible benefits. The first logical consequence of relativism is that the believer must contradict himself in order to uphold his belief. The view states that all ethics are relative while putting forth the idea that no absolute standard of rightness exists. If this is the case, then what is cultural relativism relative to? From a purely logical point of view, this idea is absurd, for in assuming that something is relative one must first have some absolute by which it is judged. Let the reader consider this example to reinforce the point. A young woman is five feet tall, and her older friend is six feet tall. The younger female considers herself short because she looks at her friend and sees that she is taller than her. It... Free Essays on Relativism Free Essays on Relativism The year was 1943. Hundreds of Jewish people were being marched into the gas chambers in accordance with Adolf Hitler's orders. In the two years that followed, millions of Jews were killed and only a fraction survived the painful ordeals at the Nazi German prison camps. However, all of the chaos ended as World War II came to a close: the American and British soldiers had won and Hitler's Third Reich was no more. A certain ethical position would state that the anti-sematic Nazi German culture was neither right nor wrong in its actions. In fact, it is this view of the cultural relativist that assumes all actions considered right in a culture to be good for that culture alone. Moreover, the relativist claims that these actions cannot be judged according to their ethical correctness because there is no absolute standard by which they could be compared. In the above case, this position would not allow for the American and British soldiers to interfere with the Nazis; the relativist would claim that the Allies were wrong in fighting the Germans due to a cultural disagreement. In truth, it is the relativist position which has both negative logical and practical consequences, and negligible benefits. The first logical consequence of relativism is that the believer must contradict himself in order to uphold his belief. The view states that all ethics are relative while putting forth the idea that no absolute standard of rightness exists. If this is the case, then what is cultural relativism relative to? From a purely logical point of view, this idea is absurd, for in assuming that something is relative one must first have some absolute by which it is judged. Let the reader consider this example to reinforce the point. A young woman is five feet tall, and her older friend is six feet tall. The younger female considers herself short because she looks at her friend and sees that she is taller than her. It...

Organization development Essay Example | Topics and Well Written Essays - 250 words - 7

Organization development - Essay Example The curiosity of the old and loyal employees increases with time, and they ask more questions frequently about the ways the organization will manage their relationship wit the company and their reward on retirement. These questions are considered to be a challenge for the organization development. Organizations need to plan, develop and implement ways to motivate employees and show their loyalty and sincerity to their employees with the same enthusiasm. Another challenge for organizations is to maintain a peaceful environment for its workers (Cummings & Worley, 2014). Organization development faces risks when cases of discrimination arise in the organization on the basis of gender, age, and other unethical issues. Organization development is, therefore, responsible for avoiding such acts of discrimination to maintain the reputation of the firm. The future of organization development seems to be bright and promising. Unfortunately, there are some factors that can cause hindrance in the success of the organizational development. Factors that determine the future of organization include values of organizational management, training level of employees and spreading of information about OD techniques. Additionally, global economic changes, latest technology, and social & political environment could have a significant effect on the future of organization development (Bradford & Burke,