Elements of a Contract Research Paper Example | Topics and Well Written Essays - 1000 words

Elements of a Contract - Research Paper Example These include: an offer, acceptance, contractual capacity, consideration, formalities, illegality/legality, intention, terms of a contract, vitiating elements, misrepresentation, discharge of a contract and remedies for the breach of a contract. Elements of a Contract To enter into a contract, one party makes an unequivocal manifestation of his/her intentions to contract with another. An offer refers to the intent to contract. The part making an offer is called the offeror while the party to which the offer is made is called an offeree. An offer can be in a written form, verbal or merely implied through the parties conduct. Therefore an offer is an expression, a promise or an act committed by an individual from whom the law is able to construe his intentions to contract with another part as long the other part agrees to perform their duties in the contract. In this case, the Fabulous Hotels made the offer. The offeree accepted to the terms and conditions of the offeror and signed the contract which made the contract legally binding. Acceptance of an offer is the external demonstration of assent by the offeree (DiMatteo, 1998). When an offer is agreed upon the contract comes into existence. This occurs when the two parties consent and agree to perform their duties as defined by the contract. However, for an agreement to constitute a contract, it must be supported by a legal consideration. This refers to the rights, benefits, interest or profit, loss or forbearance, or a responsibility that one of the parties suffers or the other party undertakes. It also refers to anything that has value attached to it according to the law, moving from the plaintiff. Individuals getting into a contract must have the capacity to contract. Capacity to contract refers to the legal right a person has to enter into a legally binding agreement. There are varying contractual capacities that are allowed by the law depending on the age, the mental state and the influence of drugs on the person. The head chef and the fabulous hotels managers had the contractual capacity since they were adults. According to DiMatteo, (1998), for every contract to be valid the purpose for which it is meant to accomplish must be valid. An agreement to do something unlawful does not constitute a contract. The contract was also legal since the business involved is a legal business. Therefore the contract was binding. Enforcement Fabulous hotel and the head chef entered into a contract of restraint in trade. For the contract to be enforceable, the employee must have accepted the restraint. The restraint must also have been for the beneficial purposes of the restraining party and the whole public. The restraint is also enforceable if it is reasonable to both the hotel and the head chef. Therefore, the contract is enforceable because the offer was made by the offeror (fabulous hotel) and was accepted b the offeree (head chef). The contract was also signed by the two parties. The contract wa s also entered for the legal purpose. Therefore, any breach of the contract by the head chef would result to a legal consideration. The employee would be required to pay for any damages caused to the hotel. This is because the contract was signed by the two parties with an intention. The contract also involved various terms and the breach of these terms by either part would result to repudiation of the contract or form the basis for the hotel to sue the chef. However, the chef should have entered into the contract

The Importance of Education Essay Example for Free

The Importance of Education Essay Can you believe that in some countries education is not free? And in â€Å"Pakistan†, the Taliban doesn’t let girls go to school because they think, that â€Å"God is a tiny, little conservative being who would send girls to hell†. Just because of going to school. In my opinion, the importance of education is undeniable for every single person. It goes without saying that education has a positive effect on human life. All people need to study, only with the advent of education can people gain knowledge open up their mind a little more. Apparently, people may become more useful and civilized if better educated. For example, in areas where residents are not able to receive an appropriate education, life cannot be as thriving and prosperous as locations where there is a high standard for education. In fact, education plays such a rudimentary role on our society that we cannot even imagine a life without it. It is a determined element for the civilization of human society. Not only does It helps us develop healthy surroundings but it also generates an advance community. As a matter of fact, everything we create today is based on the knowledge that we obtain throughout our life by way of education. That is to say, by working and living among foreigners some of the barriers between countries can be broken down, helping to create a more educated peaceful world. As to say diplomatic reaction would be of benefit to all. Malala said â€Å" We call upon the governments to ensure free compulsory education for every child all over the world†. I do agree with Malala, every child should have the opportunity to go to school and get some education that will help them have a better future, education is very important. Consequently, education is viewed as a vital key to success in life and knowledge has become every individual aim or concern, each one of us is born in a different medium and different social and cultural norms. However, most of us approve of educations positive effects on society. Therefore, ‘ Why do we need education?  Ã¢â‚¬â„¢ is the issues to tackle, to get a better grip of this complex theme we have to distinguish three different types of education, there is the formal education, like school, the life time education, learning through difficult situations and the education by our parents. To lead a successful county we have to keep it on a standard level of education to be able to import the cultural heritage to the younger generation. There is again a division to be made between the inherited educated or knowledge and the education tough at school, education develops a meaningful outlook on life. As a result, education is most important in life like our basic needs food, clothes and shelter. With the beginning we learn how to interact with others how to make friends because of education. Furthermore, Malala said â€Å"Peace is necessary for education. In many parts of the world especially Pakistan and Afghanistan; terrorism, wars and conflicts stop children to go to their schools. We are tired of these wars. Woman and children are suffering in many parts of the world in many ways. In India, innocent and poor children are victims of child labor. Many schools have been destroyed in Nigeria. People in Afghanistan have been affected by the hurdles of extremism of decades. Young girls have to do domestic child labor and are forced to get married at early age. Poverty, ignorance, racism and deprivation of basic rights are the main problems faced by both man and woman. To conclude, we can say that education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. Education is the solution. Education first.

Conformity and Rebellion in Antigone Essay -- conflict, change, mistake

Would you rather not have conflicts in your life? Antigone is a play, based upon conflicts between the characters. Antigone is the sister of Polynices, who is dead. Polynices is considered a traitor to Creon and he doesn’t bury those who are against him. As conflicts occur, Antigone, Creon, and the Chorus argue on whether to have Polynices buried or not. Conflicts are a necessary part of life because of the changes that we run in to. It is appropriate to rebel and create conflict when we believe in doing the right thing to do, but someone is taking the necessary tool away from us so we can’t accomplish those goals. Also, it is appropriate to conform when violence gets out of hand. The changes that happen make us, the readers better individuals and once we have the conflicts solved, we won’t repeat the same mistakes and then conformity is possible. It is appropriate to rebel and create conflict when you believe in doing the right thing, but somebody takes away from you the necessary tool from doing so. The main conflict in the play between Antigone and Creon is the best example for this argument. Antigone believes that everybody deserves a proper burial. In her opinion, even if somebody is a traitor or dislikes Creon’s views, he or she deserves a proper burial. In this case, Creon decides that Polynices doesn’t deserve a proper burial because Polynices is a traitor to him. Antigone now wants to bury Polynices and doesn’t care about Creon’s edict. However, Ismene warns Antigone,† But think of the dange! Think what Creon will do!† (469). Ismene is telling Antigone that she is scared of burying Polynices behind Creon’s back, because if they get caught they will be punished greatly. Ismene and everybody else in Thebes are scared of Cr... ...d how we can be better individuals from the original conflict. Choragos Is telling us if we want to be happy, we have to be intelligent. In Antigone, it is appropriate to conform when violence gets out of hand. This happens when all of Creon’s love ones die because of how his stubbornness and pride. However, it is appropriate to rebel when we believe in doing the right thing to do, but someone is taking the necessary tool away from us so we can’t accomplish those goals. This happens in the play when Antigone wants to bury Polynices, but Creon is too powerful and causes fear upon all of the people of Thebes. We can learn from this play that conflict is necessary in our lives, because without it we can’t learn. Works Cited Sophocles. Antigone. Abcarian, Klotz, and Cohen, eds. Literature: The Human Experience. 11th ed. Boston: Bedford. 2013. Print.

Shakespeares As You Like It - The Romantic Love of Silvius and Phebe :: Shakespeare As You Like It Essays

As You Like It:   The Romantic Love of Silvius and Phebe    There are several types of love depicted in Shakespeare's As You Like It.   One variety of love portrayed in this comedy is romantic love, the romantic literary ideal which became popular in the Middle Ages. According to the courtly love tradition a lover worships his lady and serves her, suffers all sorts of indignities for her sake, and thinks only of her. He must be loyal to her for life, no matter how badly she treats him, or how much he suffers for unrequited love. A true lover never ceases to adore his lady, and when he speaks of her he only uses poetic language and style. These conventions of courtly love are clearly exemplified in As You Like It in the romantic attachment of Silvius and Phebe. When Rosalind, Celia and Touchstone arrive in the forest of Arden they meet Silvius and Corin, an old shepherd, who are engaged in a conversation about love. Corin is advising his friend on how to treat the woman he loves. However, Silvius doubts the old shepherd's authority in such matters, for although Corin admits having been drawn into acts of madness for the sake of love during his youth, he cannot recall any of them. Silvius clearly manifests that if Corin has forgotten even the most insignificant detail of the actions love made him run into, then he has never been truly in love. Even more, Silvius also explains that a true lover never ceases to adore his lady in speech, even if this moves his listener to discomfort, and further explains that sincere love may drive a lover to interrupt a conversation out of passion. To prove this last point, Silvius suddenly interrupts his speech passionately crying the name of Phebe, his beloved, several times. Silvius reflects the behavior of the courtly lover, who is capable of the most foolish actions for the sake of his beloved, and who suffers the pangs of unrequited love and the abrupt separation from his lady. His only concern is love and, although he is uneducated, his language is lofty, poetic, and artificial when he speaks in praise of Phebe. Indeed, both Phebe and Silvius speak in elaborate verse in order to comply with the courtly love conventions. In their courtship, Silvius praises her virtues and begs for the slightest sign of affection, and Phebe scorns and rejects him all along.

New Idea for an Old Brand Essay

As a way to freshen up the traditional brand and to gain more exposure, the granddaughter of the Margaux family wanted to begin mass marketing a new wine brand. The idea would be to use different grapes in order to be more accessible to the younger generation. The target price range would be â‚ ¬20-â‚ ¬25 per bottle (Dessain, 2011). There are a large number of young wine drinkers who cannot afford the high prices of the current Gran Vin brand and are therefore not being attracted to the Chateau de Margaux vineyards. If these consumers were introduced to an affordable brand of wine from the Margaux estate, then they may be more likely to recognize and trust the brand. That way, when they are looking for a more expensive wine, they will first go to their label of Grand Vin from the Chateau de Margaux collection. General Concerns: Some of the issues with this suggestion are: maintaining the exclusivity of the original brand, ensuring that consumers still feel motivated to pay the higher price point, and they will also now need a distributor, marketing team, and an ability to focus on more than one brand of wine. In this particular case, the Margaux business has a close-tie who is very familiar with the distributorship and marketing of wine, and therefore this is a solution to one of the issues; however there are several of the other issues that remain very pertinent concerns, as we will discuss later on.

Movie The Graduate

Movie The Graduate Introduction It is necessary for filmmakers to use the best tools and ideas in order to make their works spectacular. A good work of art such as a film should have a proper theme, clear message, and at the same time entertain the audience. The film â€Å"The Graduate† by Mike Nichols narrates the story of a young man who has just completed college.Advertising We will write a custom essay sample on Movie The Graduate specifically for you for only $16.05 $11/page Learn More At the age of 20, the protagonist realizes that everything is complex and hard than he had thought earlier. This essay therefore explains how the film â€Å"The Graduate† utilizes the best aspects of art and design to present useful insights that can help young individuals have a better life. The film achieves this using the best editing, â€Å"mise-en-scene†, photography, shots, and storyline. Analysis of the Film â€Å"The Graduate† Summary of the Movie Mike Ni chols is the director of the film â€Å"The Graduate†. The 1967 film is based on a novel written by Charles Webb in 1963. The name of the novel is also â€Å"The Graduate†. The actor in the film is Benjamin Braddock, a recent graduate who lacks a clear understanding of life. As a graduate without any aim in life, Braddock decides to befriend an older woman by the name Mrs. Robinson. It is also notable from the film that Mrs. Robinson is married and has a daughter be the name Elaine. Benjamin Braddock eventually falls in love with Elaine, Robinson’s daughter. From an historical perspective, it is agreeable that the film plays a significant role towards boosting the position of folk-rock in the American society. Produced in the 1960s, the film explores most of the issues that affected the society during the time. Historians and researchers have argued that the film presents a major cultural and historical value to the American people. It adds a sense of beauty to American art and film culture. The use of various technical aspects of film production has made it a spectacular piece of art. For instance, the producers used the best mise-en-scene, close-shots, long shots, sound track, and editing to present quality scenes to the audience. This has made it easier to deliver the targeted message to the audience. Lawrence Turman and Joseph Levine produced the film in 1967. The producers managed to present various themes that can educate different members in the society. The first theme in the film is the idea of â€Å"coming of age†. In the film, Benjamin and Elaine are two youngsters who are unable to make the best decisions in order to address the issues affecting them. This explains why Benjamin encounters various challenges and obstacles because he is â€Å"indecisive† and incapable of coming up with the best solutions.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More The theme of â€Å"rebellion† is also evident in this film by Mike Nichols. The film presents a â€Å"radical mood† whereby Benjamin rebels against many things and ideas in the society. For instance, he appears to ridicule the existing social norms. This occurs when he befriends Mrs. Robinson after finishing school. He also rebels against the social ideas in the society. As well, the movie demonstrates a strong sense of opposition. This is the case because Benjamin rebels against the ideas of the older generation, social conventions, and the upper class in the society. The theme of â€Å"infidelity† is also evident in the film. This occurs when Mrs. Robinson decides to befriend Benjamin while knowing she was already married to Mr. Robinson. Benjamin goes further to date Elaine without considering the issues and consequences that might arise from the decision. Although the audience is aware of Benjamin’s thoughts and idea s, it becomes evident that he continues to befriend Elaine in an attempt to achieve his dreams. Benjamin also realizes how the relationship might be horrible. This explains why such kind of indulgence by Benjamin is the most scandalous event in ‘The Graduate†. Personal Views The film by Mike Nichols is definitely one of the best works of art ever produced. The film presents a wide range of ideas and concepts that can help individuals live a better life. There are certain factors that make the movie admirable. To begin with, the producers have used the best strategies in order to make the film appealing to the audience. The film embraces the idea of cast combination in order to make it entertaining. The timing of the film is â€Å"perfect† because it explores the issues that affected the American society in the 1960s. This explains why the film captures the â€Å"true spirit† of its era. The other reason why this film is admirable is that it relates closely with its time of production. This explains why many people would consider the film as culturally and aesthetically momentous. As well, the film goes further to present some critical themes and lessons that can help the viewers address most of their problems.Advertising We will write a custom essay sample on Movie The Graduate specifically for you for only $16.05 $11/page Learn More The film explains how young individuals can address most of their issues arising from indecisiveness. The film is also a classical work of art. It is admirable because it employs all aspects of film production such as â€Å"editing, mise-en-scene, and close-shots†. I would also say that most of the parts in the film are attractive. For example, the film begins with Benjamin who has graduated from college. His parents and friends are interested in Benjamin’s plans for either a career or joining school for further studies. The unfolding story reveals most of the chall enges facing many people at this age. The director has made the best decisions to make the film successful and entertaining to the targeted audience. The film conforms to the â€Å"Classical Hollywood Narrative† style for film production. Movies that use the style tell a story in a â€Å"chronological order†. The style follows a â€Å"cause-and-effect† approach. By so doing, the producers have used a principle known as â€Å"continuity editing†. The approach requires that the editing and sounds are â€Å"invisible† to the audience. That being the case, the producers gave the â€Å"desired attention† to the storyline and not to specific elements such as photography, editing, and sounds. The approach helps the producers and the editor present the best film to the targeted viewers. Conclusion The movie â€Å"The Graduate† is definitely one of the best works of art produced in the 20th century. The film narrates a story that is culturally and historically significance. The producers have used the best tools and approaches in order to come up with a classic piece of art. The film educates people to make appropriate choices in life as they work hard to pursue their dreams. It is agreeable that the film by Mike Nichols presents new ideas, themes, and lessons that can be applied in our lives. Personally, I have found the film meaningful because it combines different aspects of design and production. It also encourages people to make the best decisions and eventually overcome the challenges affecting them.

General Immigration essays

General Immigration essays Starting from the early 1800's to the mid 1900's, the immigrants came to America for variety of reasons; they faced many hardship and hostility against them from the nativist. When the immigration began (from the early 1800's), come's the majority of immigrants: the Northern and western Europeans, also with small groups of Asians. These mass immigrations were considered the old immigration, while the new immigrations began when the sources of the immigration shifted vastly (1880-1900). The increased immigrants came from the Eastern and southern European countries, while also the Asian population increased slightly (mostly the Chinese). Once the immigrants arrived on U.S. soil, they had to pass many examinations, tests, and interrogation. These inspections alarmed many immigrants, and many were treated somewhat inaccurately and strangely. For example, while foreign men were asked to strip down for physical inspection, the foreign women were being bared naked in public, causing a larms to their fellow people. This caused many discomfort to the immigrants, wanting only a fresh new start for whatever their reasons are, once contacting with the inspections the obstacles only increased. Many of the immigrants left their country because of the problems they faced from their homeland. From Ireland, the immigrants came because of the potato farms faced the epidemic of the deadly potato blight disease. This was their major souce of living cost. As for the Russian Jews, they faced prosecution from the government. The Chinese came to the U.S. to make more money for their families. There, they left their countries to come to the Rich, Free America. Many foreigners heard rumors about the country America; it had gold everywhere (their streets and buildings were made of gold), also heard of the facts of America (freedom of speeches, religion, etc), therefore being a desirable place to settle and live. Sadly, their hardships were with the...