Offer and Acceptance Contract Law Essays

Offer and Acceptance Contract Law Essays Offer and Acceptance Contract Law Essay Offer and Acceptance Contract Law Essay The first element that must be looked into in order to advice the legal positions of Celia and her potential buyers is the character of the advertisement. It has to be distinguished between an advertisement which constitutes an offer or an invitation to treat. An advertisement may be considered an offer if it is clear, precise, definite and leaves nothing open for negotiation. This was established by Leftkowitz v Great Minneapolis Surplus Store involving a case of the sale of two mink scarves and a stole. The phrase â€Å" ? 0,000 for the lot, no offers† could be an element of an offer, indicating that price is not negotiable. It can also be interpreted in such that the bags are sold in a lot therefore, a customer cannot request for a particular bag. As such, this arrangement satisfies the characteristics of an offer. That being said, a customer either accepts the offer or refrain from the entire transaction itself. However, the court should not disregard the possibility that the advertisement may only tantamount to an invitation to treat. The precedent whereby advertisements are considered an invitation to treat was established following the case of Partridge v Crittenden. If Celia’s advertisement was an offer, she would be contractually obliged to sell her goods to every customer even if there is no continuity of stock. Hence, she is liable for breach of contract if there were more acceptances than she can satisfy as only 5 handbags are up for sale. Furthermore, the advertisement does not include further details on the bags and leaves room for negotiation. It states that it is suitable for all tastes and occasion. However, Celia cannot assume her customer’s preferences in terms of colour, manufactured material, strap length and so on. It could be that the advertisement is merely an invitation to treat. Having said that, it is important to bear in mind the factors which sets an offer apart from invitation to treat. When an offer is accepted, a binding agreement immediately exists between an offeror and an offeree. Invitation to treat on the other hand is purely a negotiation to treat and offerors are not bound by legal laws if accepted. Communication of acceptance has to be demonstrated when an offeree’s intention is to accept an offer. It can be in the form of writing, conduct (Carlill v Carbolic Smoke Ball Co. ) or speech. It is of utmost importance to know that acceptance through silence is not permissible in forming a contract, as established by Felthouse v Bindley. Baljit had evidently showed her intentions in purchasing the goods through writing. She posted a letter of acceptance, complying with the stated price without negotiating for further discounts. This could possibly mean that a binding agreement now exists. After all, the advertisement did state â€Å"? 10, 000 for the lot, no offers. † However, not all forms of communication of acceptance could result in a legal binding agreement to exist. Suppose a counter-offer is introduced, the original offer is instantly terminated as established by Hyde v Wrench. In this case, the court should consider if Baljit’s enquiry could give rise to an issue of a counter-offer. However, It could be that the advertisement had inadequate details on methods of payment. Hence Baljit was merely clarifying terms. Clarification of terms on the other hand does not constitute a counter-offer. If so, it could be that Baljit’s acceptance was legit. The element at which the court must now look at is the prescribed mode of acceptance. In legal terms, the mode of acceptance must be adhered to and acceptance is valid upon the stated mode. However, It is held that if the offeree does not adhere to the prescribed mode of acceptance, they cannot be liable for breach of contract unless it is stated that it is the one and only mode. That being, compulsory. This was established by Yates Building v Pulleyn. Looking back at Celia’s case, the prescribed mode of acceptance was through email. However, attached under contact details included phone number and postal address, besides obviously, her email address. With this information, it is not logical to immediately terminate an offer if acceptance is not made through email. Otherwise, why would Celia have posted her postal address? This gives an impression that acceptance through email is not compulsory. Baljit’s choice of acceptance was through post. In line with this, the postal rule states that acceptance by mail is valid on posting. So far as the postal address and postage is included, there is no reason for failure of acceptance. This was established by Adams v Lindsell. As the postal rule applies, Baljit’s acceptance can be deemed successful as her letter was still posted within the timeframe stipulated and can be qualified as a qualified customer. The postal rule does not apply to emailing. The principle of this precedent was initiated from the case of Entores v Miles Far East Corporation. This is held that acceptance through instantaneous mode of communication is only effective once it has been received. It follows that Samantha has complied with the prescribed mode of acceptance. However, when the issue of emailing as a form of acceptance arises, it forms many complications. It is questionable if it can be deemed ‘instantaneous mode of acceptance’ as it may take hours to arrive depending on the route, server and internet provider. Hence when dealing with a business, the seller should state details in terms of the estimated time the email should be received. Upon receiving, only then is the acceptance successful. It is only right that the court look into the specific details of the sent email. If evidence can be shown that the email was sent early in the morning or at least within working hours, Celia may be at fault for not checking her inbox earlier. In this case, the court may be in favour of Samantha. Celia is only prepared to sell her goods to one customer and that may be Baljit. Having verified every case with legal terms, it could be that the goods are successfully sold to Baljit. REFERENCES

Gustav Mahler Biography and Professional Activity Essay

Gustav Mahler Biography and Professional Activity - Essay Example Mahler entered the Vienne’s Conservatory. Mahler also entered Vienne’s University, studying philosophy and literature. At the Conservatory, he became friends with the future composer Hugo Wolf. Mahler graduated from the Conservatory but failed to achieve the prestigious silver medal The family of the Composer was very poor. His father Gustav Bernhard Mahler was a traveling salesman, who sold alcoholic beverages, sugar, and household products. His mother came from a family of a small manufacturer, producing soap. Gustav was the second of 14 children. Shortly after the birth of Gustav, his family moved to the small industrial town of Jihlava - an island of German culture in South Moravia, where Bernhard Mahler started a tavern. Here, the future composer felt passionately in love with folk dances and songs of the peoples of Austrian Empire: Austrian, German, Hebrew, Czech, Hungarian, Gypsy, Slovak, and so on. All those sounds later became the part of his musical palette. I n 6 years, Gustav began his studies on the piano, and in 10, he gave his first public concert in Jihlava.Despite the regular instruments, such as piano and violin, Mahler used to apply unusual instruments to create his symphonies. For instance, some of his compositions include tenor horn, guitar, mandolin and even cowbell. One can notice a lot of percussions is Mahler’s symphonies, which is quite a distinguishing feature comparing to other musicians of that time. Gustav Mahler was one of the greatest symphonic composers.

Awareness of business systems methodologies appropriate to the Essay

Awareness of business systems methodologies appropriate to the analysis of complex international logistics and supply chain systems - Essay Example The first stage as given by Dong, Xu and Song (2013) in analysing a problem situation is to clearly identify the problem or opportunity. In the context of ElMesmary, Song and Dinwoodie (2014), the problem identified can be said to be issues with the strategic/tactical and operational planning problems involved in the container terminal logistics processes in Alexandria. ElMesmary, Song and Dinwoodie (2014) observed that strategic/tactical planning problems arise at the first stage of the planning process for container terminals as planners seek to tackle terminal design problems as part of the overall technical feasibility and performance. Operational planning problems have also been noted to come about when logistics processes are being taken in the container terminals (ElMesmary, Song and Dinwoodie, 2014). The second stage of using HSA in analysing problem situation has been said to involve the description of the situation in its current state via the use of diagrams and open discussion. Based on Azevedo, Ferreira, Dias and Palma. (2009), the following diagram can be used to describe the identified problem with strategic/tactical and operational planning. Based on the diagram given above, the main source of the problem can be said to come from the Alexandria container terminal, which is transmitted in the form of multimodal interfaces and IT systems. As the problem manifests, it becomes further amplified with bottlenecks in the container terminal logistics process which act as noise source. The diagram also shows that the problem identified is received by the strategic/tactical and operational planners and further dropped with the container terminal managers as destination (Kim, 2005). The third stage with the use of the HSA has been said to involve the process of describing the situation as it would ideally be. In this regard, it can be said that the strategic/tactical and operational planning was expected to

Hepatitis C Essay Example for Free

Hepatitis C Essay Abstract Hepatitis C is an infection of the liver caused by the hepatitis C virus (HCV). It is difficult for the human immune system to eliminate the virus from the body, and infection with HCV usually becomes chronic. Over decades, chronic infection with HCV damages the liver and can cause liver failure in some people. The hepatitis C virus is transmitted mainly by contact with blood or blood products. The Sharing of contaminated needles among drug users is the most common mode of transmission. In the U.S., more than three million people are chronically infected with HCV. HCV is the leading cause of liver transplantation in the U.S and is a risk factor for liver cancer. Hepatitis C Description Hepatitis C was first identified in 1974. The virus that caused disease was not found until 1989 by Brendan Arena. The infection is sometimes called transfusion hepatitis. The name comes from one possible cause of the disease. It may be transmitted along with blood used in blood transfusions. Since the identification of HCV, tests have been developed to identify the virus. Blood transfusions are no longer a major cause of the disease. Hepatitis C is a disease of the liver caused by a virus. Hepatitis in general is an inflammation of the liver, usually caused by a viral infection. The liver becomes tender and enlarged and is unable to function normally, As a result, toxins that would normally be filtered out by the liver build up in the body and   certain nutrients are not processed and stored, as they should be. Hepatitis C is a slowly progressing disorder. In its more advanced stages it can lead to serious and permanent liver damage and even death. Symptoms The symptoms of Hepatitis C are often very mild in the early stages and can be virtually undetectable. Hepatitis C infection involves an acute initial phase of infection which is usually not noticed and lasts up to six months. During this phase, levels of the virus in the blood rise dramatically until the bodys immune response starts producing antibodies. Although our antibodies fight the virus, in around 75% of cases the virus is not eliminated and approximately three out of four people are left with a chronic (long-term) infection A.   Hepatitis infection can result in liver damage because as the virus reproduces in the liver over time, more and more liver cells are changed and destroyed causing scar tissue. This is called fibrosis. In a small percentage of people experiencing cirrhosis, Fibrosis can lead to a hardening of liver tissue which affects the normal function of the liver, this is called cirrhosis In a small percentage of people experiencing cirrhosis, the condition may lead to liver failure or liver cancer. Hepatitis C affects people differently. Some are not affected by it at all, while others can be affected seriously. Generally speaking, it is believed that around three out of four people with hepatitis C will not go on to develop cirrhosis. Over a 25-50 year period of infection, it is believed that less than one in ten people with hepatitis C would develop liver failure or liver cancer. 170 million people worldwide have Hepatitis C There is no cure for hepatitis C, but medications in some cases can suppress the virus for a long period of time. Treatments Some patients with hepatitis C benefit from treatment with interferon alpha or a combination of sustained response rates and tolerability; however, pegylated interferon will likely   remain the backbone of therapy in the foreseeable future. international research teams have discovered a genetic variation that could identify those people infected with hepatitis C who are most likely to benefit from current treatments. Their genome-wide association study of people   receiving hepatitis C treatment revealed that genetic variants near the interferon gene IL28B were associated with peoples response to treatment. Three per cent of the worlds people are infected with hepatitis C and few are able to clear the virus without treatment. The standard treatment is a combination of pegylated interferon-alpha and ribavirin (PEG-IFN-alpha/RBV). Conclusion Hepatitis C is a virus that causes acute and chronic hepatitis. Over 80% of persons who acquire hepatitis C develop chronic hepatitis. Persons who are chronically infected with hepatitis C are at an increased risk for the development of cirrhosis and liver cancer. No effective vaccine has been developed to prevent hepatitis C. Only one antiviral medication has been shown to be effective in the treatment of hepatitis C. Pegylated interferon alpha and ribavirin combination is licensed for the treatment of hepatitis C, but only about 30% to 50% of persons treated recover completely from this infection. References http://www.emedicinehealth.com/hepatitis c article/ em-htm /08/2009 http://www.Faqs.org health/sick-v2 hepatitis c-descriptions html. Copy right 2009 Walter and Eliza Hall Institute Sep 24,2009 Science daily.com/hepatitis treatment Nancy J. Nordeson The Gale Group 2002 http://www.gale encyclopedia of medicine.com http://www.medicalnews.com/ 08/2009/ articles hepatitis c http://www.cdc.gov/ncidod/aip/research/hepatitis

Mirroring an Exposed World :: Dance Dancing Art Papers

Mirroring an Exposed World I recently saw a photography piece, "Dancer" by Irving Penn on exhibit at the Whitney Museum. The striking thing about the photos was not that they were of a nude Alexandra Beller, but that hers is not what one would typically think of as a naked dancer's body. She's not tall and thin with well-defined muscles and barely developed breasts. No. She's fat. Beller took a big risk posing nude for Penn's camera. She dared people to see her as a dancer, not just a fat woman. She dared people to see her as a sex symbol, not just a fat woman. She dared people to see her as an emotional woman- sensitive, powerful, frightened, bold, shy, loving, rebellious. She owns her body, and she challenges the audience to own their hesitation and move past it to see her exposed for the woman she really is. The exhibit made me immediately curious about Beller and her work. Formerly dancing with Bill T. Jones' company, Beller is now choreographing her own works. When I heard she would be presenting her latest work, It's Not You, It's Me at the Joyce Soho, I got out my umbrella and waited for over an hour in a standby line to see her perform. My friends had teased me for wanting to see Beller's show, saying "Wouldn't it be weird. I mean you saw her naked," and "Do you think she'll dance naked too?" But that was one of the reasons I wanted to see the show. I really identified with Beller in many ways. I was deeply impressed with her confidence to pose nude in the first place. Obesity, seen as repulsive, is despised at best, yet politely ignored. But Beller will not be ignored. I wondered what it was that gave her this confidence in her body. And I wondered what she would express with her body in her dance works. I was compelled by the risks she had taken with Penn, and compelled to see what else she would risk. When I saw It's Not You, It's Me, particularly the last piece, 50 Ways to Find a Mate, I was bombarded by feelings of pain, sadness, confusion that come with rejection, insecurities that are connected with bodies and body images. I got the feeling that Beller, though a beautiful and talented dancer is still an imperfect woman who struggles with her self-confidence, especially in romantic relationships.

“Popular Mechanics” by Raymond Carver Essay

Essay discussing the role played by the setting in â€Å"Popular Mechanics.† Analyze the central characters relationship to their surroundings. Does the setting limit the characters options or influence the development of the plot? Does the setting play any significant role in enhancing the theme of the story? â€Å"Popular Mechanics† was written in order to make the audience imagine their own details. The descriptions in this story are very basic and plain, the man and woman in the story are nameless with no clue of physical description, and there is no mention of what city, state or country the story takes place. This allows the reader to picture the surroundings and details of the story in their own way, maybe the reader has heard of or been in similar situations and they can put their own faces and locations into the story. The setting is given in very little detail, but it is also the most detail of any element in the story. The setting is a very important part of the story and is used to symbolize, foreshadow and relate with the events and characters. The setting described in the first paragraph prepares the reader for a dark, uncomfortable story. â€Å"Early that day the weather turned and the snow was melting into dirty water.† (Paragraph 1) All of these elements in the setting outside the house are used as symbols for something inside the house. This shows that something good or pure, â€Å"snow† or relationship, is turning into something ugly, â€Å"dirty water† or separation, and it is happening fast, â€Å"early that day.† The first paragraph continues, â€Å"Streaks of it ran down from the little shoulder-high window that faced the backyard.† (Paragraph 1) This paragraph gives very little detail of the house, but enough to get a mental picture. In this line, â€Å"it† refers to the dirty water which is a symbol for the break down of the relationship of the man and woman. The house is small, shown by  the description of a â€Å"little shoulder-high window.† The story later gives another description that the house is small in paragraph eleven, â€Å"She stood in the doorway of the ‘little kitchen’, holding the baby.† The little kitchen is most likely inside a little house. Even though the reader is never specifically told that the house is little, the audience gets small details that spark something in the reader to imagine a small house. The little house can tie in with the characters fight. The house may be too small for the woman to be comfortable raising a child there, or it may be too small for the man’s pride, both these situations can lead to arguments. The most obvious tie in with the characters and the small house is the fact that it is too small for the both of them, the man is leaving and the woman is glad he is. A bigger house means more success, more pride, and more happiness. All of these elements can possibly lead to a happier relationship. The fact that the window faces the backyard gives the events that go on inside the house a sense of privacy. The neighbors can see what is going on in the front yard; the backyard is used for privacy, when you do not really want everyone to know what you are doing. This description symbolizes the bad relationship that develops and â€Å"runs† through the small house when the doors are closed. The next line foreshadows the events that happen in the house. â€Å"Cars slushed by on the street outside, where it was getting dark. But it was getting dark on the inside too.† Here the story is pointing out that what is going on outside is going on inside too, and the reader should make the correlation at this point. The characters relate to the setting here because they are getting dark on the inside as well; the heart, mind and soul of the characters are growing dark feelings. The fact that it is â€Å"getting dark on the inside too† shows that things such as daylight, happiness, love and a relationship are coming to an end and things such as darkness, anger, sadness, and hatred are beginning. The setting is also used symbolically in the story when the flower pot is broken, â€Å"In the scuffle they knocked down a flowerpot.† (Paragraph 26) The flowerpot is used to symbolize the breaking up of the man and woman, and the breaking of the baby. Although the rea der is not told if the baby was physically broken, the emotional and mental  damage that a child goes through when their parents separate can be seen as a possibility for the child in the story. The setting sets the tone for the story, symbolizes elements inside the house, relates with the characters and foreshadows the events of the story. All of these elements are very important to the story and they are all given in three short paragraphs (Paragraphs 1, 11, 26). The setting is given the greatest amount of detail while the rest of the story is given almost no detail, only stereotypical behavior. The reader is required to imagine their own timeline, faces, and many other details, but the setting is told to show the overall mood the writer wanted the reader to see. This proves that the setting is a very powerful element to show that the relationship between the man and the woman and everything that surrounds them is going from good to bad and eventually, everything is broken.

How Many Elements Can Be Found Naturally

There are 118 elements currently on the periodic table. Several elements have only been found in laboratories and nuclear accelerators. So, you may wonder how  many elements can be found naturally. The usual textbook answer is 91. Scientists used to believe that, except for the element technetium, all the elements up to element 92 (uranium)  could be  found in nature. However, it turns out there are other elements that occur in trace amounts naturally. This brings the number of naturally occurring elements to 98. New Naturally Occurring Elements Technetium is one of the newer elements added to the list. Technetium is an ​element with no stable isotopes. It is produced artificially by bombarding samples of molybdenum with neutrons for commercial and scientific uses and was widely believed to be nonexistent in nature. This has turned out to be untrue. Technetium-99 can be produced when uranium-235 or uranium-238 undergoes fission. Minute amounts of technetium-99 have been found in uranium-rich pitchblende. Elements 93–98 (neptunium, plutonium, americium, curium, berkelium, and californium) were all first artificially synthesized and isolated in the Lawrence Berkeley National Laboratory at the University of California, Berkeley. They have all been found in the fallout of nuclear testing experiments and byproducts of the nuclear industry and were believed to exist only in man-made forms. This also turned out to be untrue. All six of these elements have been found in very small amounts in samples of uranium-rich pitchblende. Perhaps one day, samples of element numbers greater than 98 will be identified. List of Elements Found in Nature The elements found in nature are elements with atomic numbers 1 (hydrogen) through 98 (californium). Ten of these elements occur in trace amounts: technetium (No. 43), promethium (61), astatine (85), francium (87), neptunium (93), plutonium (94), americium (95), curium (96), berkelium (97), and californium (98). The rare elements are produced by radioactive decay and other nuclear processes of more common elements. For example, francium is found in pitchblende as the result of alpha decay of actinium. Some elements found today may have been produced by the decay of primordial elements—elements produced earlier in the history of the universe that have since vanished. Native vs. Natural Elements While many elements occur in nature, they might not occur in pure or native form. There are only a few native elements. These include the noble gases, which dont readily form compounds, so they are pure elements. Some of the metals occur in native form, including gold, silver, and copper. Nonmetals including carbon, nitrogen, and oxygen occur in native form. Elements that occur naturally, yet not in native form, include the alkali metals, alkaline earth, and rare earth elements. These elements are found bound in chemical compounds, not in pure form.