Business Law Assignment Essay

The main point for consideration in this situation is whether the initial agreement between Packard and Hewlett constitutes as a contract that has a legal relationship, and if so, is Hewlett within his rights to void the established contract and sell the laptop to the offeror with a higher price. The General Principle of Law here would imply here that Hewlett and Packard, are in a contract due to consensus ad idem, in that a meeting of minds must be between the two parties to be counted as a contract (Don Mayer, 2011). This contract is enforceable as the following factors are present: 1)Offer: Hewlett had made a bilateral offer to his classmates to sell his laptop at $800/-. This is an offer as the offeror had indicated his intention to sell his laptop to any member of his class at $800. 2)Acceptance: Packard had clearly communicated his unconditional acceptance of his offer, thereby closing the offer. 3)Consideration and Legal Relations: Consideration under the Law is defined as â€Å"some right, interest, profit or benefit accruing to one party, or some forbearance detriment, loss or responsibility given, suffered or undertaken by the other† Currie v Misa (1875) (InBrief: Free Legal Information, 2014). Hewlett promised to do the transaction of the laptop tomorrow after he transferred his data in the laptop and Packard agreed. This is executory consideration and shows that due consideration has been done on the part of the promisee. Legal relations are thus also created. They are thus in a legally binding contract and either party can sue should there be a breach. Hewlett is not able to revoke his offer once accepted even if someone were to offer him a higher price for the laptop. However, Hewlett sold his laptop to Compac for $1000, discharging his contract with Packard by Breach. Hewlett has by his own act disabled himself from performing the contract and Packard can thus bring action against him for the Breach of Contract. The Principle guiding this was established in Synge v Synge (1894). Recommendation and Conclusion In conclusion, Packard is able to bring action against Hewlett for selling the laptop to Compac even after an initial contract was established with Packard. He is able to sue under Discharge of Contract by Breach and the Court will likely move possession of the laptop back to Packard after Packard pays Hewlett the $800 as agreed. Hewlett will also have to refund Compac his $1000.

Philosophy reasoning Essay

Philosophy is divided into many sub-fields. These include epistemology, logic, metaphysics, ethics, and aesthetics. Epistemology is concerned with the nature and scope of knowledge, such as the relationships between truth, belief, and theories of justification. Logic is the study of the principles of correct reasoning. Metaphysics is the study of the most general features of reality, such as existence, time, the relationship between mind and body, objects and their properties, wholes and their parts, events, processes, and causation. Ethics, or â€Å"moral philosophy,† is concerned primarily with the question of the best way to  live, and secondarily, concerning the question of whether this question can be answered. Aesthetics deals with beauty, art, enjoyment, sensory-emotional values, perception, and matters of taste and sentiment. Definition: — The term philosophy itself comes from the Greek philosophia, which means love of wisdom. –The study of the fundamental nature of knowledge, reality, and existence. –The critical study of the basic principles and concepts of a particular branch of knowledge. Meaning: –The rational investigation of the truths and principles of being, knowledge, or conduct based on logical reasoning rather than empirical methods. Significance: For us to avoid being fooled by those learned person, it removes or takes away doubts, it turns life to be simple and flexible in any circumstances†¦. The Importance of Philosophy Philosophic thought is an inescapable part of human existence. Almost everyone has been puzzled from time to time by such essentially philosophic questions as â€Å"What does life mean? † â€Å"Did I have any existence before I was born? † and â€Å"Is there life after death? † Most people also have some kind of philosophy in the sense of a personal outlook on life. Even a person who claims that considering philosophic questions is a waste of time  is expressing what is important, worthwhile, or valuable. A rejection of all philosophy is in itself philosophy. By studying philosophy, people can clarify what they believe, and they can be stimulated to think about ultimate questions. A person can study philosophers of the past to discover why they thought as they did and what value their thoughts may have in one’s own life. There are people who simply enjoy reading the great philosophers, especially those who were also great writers. Philosophy has had enormous influence on our everyday lives. The very language we speak uses classifications derived from philosophy. For example, the classifications of noun and verb involve the philosophic idea that there is a difference between things and actions. If we ask what the difference is, we are starting a philosophic inquiry. Every institution of society is based on philosophic ideas, whether that institution is the law, government, religion, the family, marriage, industry, business, or education. Philosophic differences have led to the overthrow of governments, drastic changes in laws, and the transformation of entire economic systems. Such changes have occurred because the people involved held certain beliefs about what is important, true, real, and  significant and about how life should be ordered. Systems of education follow a society’s philosophic ideas about what children should be taught and for what purposes. Democratic societies stress that people learn to think and make choices for themselves. Nondemocratic societies discourage such activities and want their citizens to surrender their own interests to those of the state. The values and skills taught by the educational system of a society thus reflect the society’s philosophic ideas of what is important. A philosophic system is an integrated view of existence. As a human being, you have no choice about the fact that you need a philosophy. Your only choice is whether you define your philosophy by a conscious, rational, disciplined process of thought and scrupulously logical deliberation — or let your subconscious accumulate a junk heap of unwarranted conclusions, false generalizations, undefined contradictions, undigested slogans, unidentified wishes, doubts and fears, thrown together by chance, but integrated by your subconscious into a kind of mongrel philosophy and fused into a single, solid weight: self-doubt, like a ball and chain in the place where your mind’s wings should have grown.

MGMT3010 Essay Example | Topics and Well Written Essays - 500 words

MGMT3010 - Essay Example The last tier makes sure that the policies which are in practice are kept in such a manner that these benefit the organization in entirety. The four tiers within the functional experts are significant at gaining an understanding of the organization and the different roles that come about in the wake of changes and amendment happening from time to time. The benefits of the functional experts would in terms of providing value to the investors, customers and employees in essence. As far as the strategic partner is concerned, this helps in facilitating and coordinating strategies which benefit the employees and indeed the organization in the long run. It makes the tasks of all people easier without a doubt. The management reaps the dividends under such quarters because the processes play their significant role at benefiting the people at large. The strategic partner tries to integrate the different sectors within the business domains to make sure that there is a smooth operational regime in place. The strategic partner links up with the tasks with the resources which are available at their disposal and make sure that all the anomalies are taken care of without any hindrances. The strategic partner has always been an important element of any organization as its role is undoubted and there seem to be no issues which engulf their respective selves.

Outfoxed Rupert Murdoch's War on Journalism Essay

Outfoxed Rupert Murdoch's War on Journalism - Essay Example Indeed, as the former Fox News correspondent, Jon Du Pre, asserted, "We are not so much a news-gathering organization as we are a proponent of a point of view" (cited in "Outfoxed"). As the highly biased proponents of a particular point of view, Conway, Grabe and Grieves (2007) contend that the network does not only display a blatant disregard for media ethics but outright disrespect for the truth. It is this disrespect for the truth which is at the core of Fox News' failure to inform its viewers that no weapons of mass destruction were found in Iraq and that much of the global community is opposed to this war. Indeed, a polling of Fox News viewers evidenced that, several years into the war, more than a third believed that WMDs had been found in Iraq and that the international community, including the Iraqi people themselves, are supportive of the United States' war (Conway, Grabe and Grieves, 2007). This amply evidences the extent to which the mass media can manufacture truth, irres pective of facts. The film establishes the degree to which Fox News distorts reality and obfuscates the truth.

Colon Cancer & Obesity Research Paper Example | Topics and Well Written Essays - 1250 words

Colon Cancer & Obesity - Research Paper Example This research paper will look into obesity and colon cancer ion relation to obesity contribution to colon cancer. The paper will then address the extent of contribution of colon cancer, prevention measures, statistics and risk factors that are closely related to it (Pendyala, Neff, Suarez-Farinas and Holt, 2011). Pathophysiology Obese people have a high chance of getting colon cancer compared to healthy individual. Research has proved that obese people has a double likely hood of getting the disease. There is a possibility that obesity exacerbates inflammations in the colon which is associated with cancer. Colon cancer starts in form of non-cancerous growth which is referred to as polyp. The individuals who have the overweight have a higher chance of developing polyps. This puts obese people at a risk of getting colon cancer. Adipose tissue dysfunction is directly related to insulin resistance. Obese individuals have insulin resistance condition where serum level increases. This lead s to aversion of hyperglycemia. The condition of being insulin resistance plays a vital role in promoting cancer growth. Another factor that may lead to obese people having cancer is reduced plasma amount of adiponectin in obesity. Obese individuals are susceptible to oxidative stress which is associated with chronic inflammation leading to tumor development (Louis, Scott, Duncan & Flint, 2007). In obese individuals, several factors lead to the prevalence of the condition. These are classified into two broad categories the mechanisms s can be universal in nature such that they are related to all types of tumors from their relation to hormonal or other abnormalities that are evident in obesity. The other type is specific. They lead to a specific tumor in a specific position. This type is related to consequential effects of obesity. The diet intake of the obese people can also lead to obesity. The typical food that is available in the developed countries is rich in calories and also t here is high consumption of alcohol (Louis, Scott, Duncan & Flint, 2007). Most of the individuals who are obese use weight reducing diets to shed weight. This involves taking diets which are very low in carbohydrates. These diets are very low in carbohydrates but have excess amount of protein which makes it possible to reduce weight faster. These diets involve removal of starch and fiber. Through the use of these diets, the obese individual affects the fermentative activity that occurs in the large intestines. Reduction of the fermentative activity in the large intestines leads to reduction of butyrate and fatty acid in the fecal short chain. The shift in the diet leads to reduction in the bacteria. These are useful bacteria that help in reducing risk of colon cancer in the body. The evidence of the importance of these bacterial puts at risk individuals who are in weight loss diets. The long term effects of using the weight reduction diets are colon cancer. Another factor that can l ead obesity to colon cancer is intake of high protein diet during weight loss exercise. As the obese people try to restrict intake of carbohydrates, they consume food that is high in protein and fat. The reason behind taking food high in protein is satiety (Renehan, Tyson, Egger, Heller and Zwahlen, 2008). Insulin resistance is another cause of obesity related cancer. Obese individuals

Business law case study Example | Topics and Well Written Essays - 1000 words

Business law - Case Study Example The nature of the transaction is dependent upon the agreement between the parties. A novation also takes place when the original parties continue their obligation to one another, but a new agreement is substituted for the old. In order for the novation to be legally binding and enforceable, it must be agreed between all the parties involved and must be in writing as required by law. Answer: Breach of contract may be defined as the failure of one of the parties in a contract to abide with the terms or conditions of the contract. It gives rise to a cause of action and the party at fault could be held liable for the payment of damages. The party at fault could be held liable for the actual loss or nominal loss, or both of the aggrieved party. Actual losses are those that can be identified or estimated. Nominal losses are awarded when no apparent loss can be estimated as a result of the breach. In this case, Jettison could be held liable for payment of the actual loss suffered by the lessor which is the payment of the monthly lease for one year. The $250 dollar monthly reduction is not a loss at all so it is not compensable. Answer: One of the essential requisites of an employment contract is acceptance by the other party within a reasonable or a given period. The Big Bucks, Inc. offered an employment contract to Sara Student. ... The non-compete clause is a valid provision in an employment contract. It is an agreement that restricts an employee from seeking an employment to a similar institution, or to use the information gained after the employee had left the employer-company who made the agreement. This is to prevent trade secrets and confidential information from being exposed and utilized by other companies. The New York case of Double Click v. Henderson is the leading authority for this case (Nov. 7, 1997, WL 731413, N.Y. Sup. Crt.) Cyber-Deli Caf case: Issue: Is Kevin and his partners liable for the injury sustained by the customer who slipped and wrenched his back at the main dining area of the caf Answer: The premises liability rule is the body of law which makes the owner or possessor of land or property responsible or liable for injuries sustained by a person who is present in a premise (Expert Law). The US Reinstatement of (Second) Torts drafted by the American Law Institute is one of the legal sources of premises of liability. An example of premises liability can arise from a "slip and fall" accident. Slip and fall accident happens when an invitee, a licensee, or a trespasser slipped or fell in a property maintained by the owner or possessor causing him or her an injury as a result of the "dangerous condition" of the place which is known by the owner or possessor but was not anticipated by the injured party. To be legally responsible for the injuries someone suffered from slipping, tripping, or falling on someone else's property, the owner/possessor or the employee of a store, restaurant, or other business must have caused the spill, worn, or torn spot, or other

Value nd Utility Differ Research Paper Example | Topics and Well Written Essays - 1000 words

Value nd Utility Differ - Research Paper Example The need for strategic management in public sector has made organization to become more accountable for achieving best value performance and within a market concentrated arena. â€Å"It is perceived that the  government can benefit from private sector management and obtain better value for money  than by embarking on an infrastructure project by itself, using traditional public ownership and procurement methods† (Lienert, 2009, p. 16). In the public sector, value relate to production of goods and service to generate an influence on socio economic problems affecting the society at large. Value is ascertained by an authorizing background, enabling public organizations to influence its utility and provide the necessary finance. The concept of utility of the approach concerns with professional administration in an organizational form, which in any case applies to be a good feature for many public sector organizations. By persuading managers to concentrate on a limited number o f procedures it aims to support precision and utility of strategy accomplishment. In a public sector production processes create value addition in all of the world’s high technology production. Benefit derives from a trade surplus in revenues from production processes and technology. ... hly distinguished customer experience that eliminate dissatisfaction and brings happiness to customers and increase market share besides facilitating higher revenue growth. BlueJay Manufacturing Company is at crossroads in its development. As the business expands, they faced a crisis: too much business. BlueJay's in recent time product launches are more in demand than had been anticipated by the senior leadership team (SLT). Consequently, they were struggling to find methods to meet that higher demand. BlueJay worked hard during recent years to develop its once tarnished quality image, and the SL Team felt that this approach was the best method to maintain sufficient control of both quality and cost. On the other hand, with product demand now rising radically, a different tact must be considered. Beyond integrating the risks of outsourcing into the assessment, compare the in-house expenses to the supplier proposals BlueJay wants to completely capture the total life cycle expenses for finishing the work with in their own resources and hence outsourcing decision is not made on buy price alone. Though BlueJay does desire to keep the job inside, it necessitated considerable capital investment Butler decided that he wants a cross-functional group with representation from the other departments in the company and feels that he particularly requires the finance group and those entire experts in financial analysis for assessing the production versus purchase decision for the proposal to be given to the SLT. The supply chain program at leading utilities has altered substantially in current years. The original focus on savings cost and organizational effectiveness has evolved, with increased activity across every utility sectors, to confront the challenges of supply, cost