Friday, June 12, 2020

Todays Postal Rule Application - Free Essay Example

It is usually said that not only the offer be accepted, but the acceptance must be communicated to the offeror. Where the parties are negotiating face to face, this present no problem since the acts or words which manifest acceptance will also communicate it. Where the parties are negotiating at a distance by post, telephone, telegram, telex, fax or messenger the principle obviously has important applications. (Dudgale, 1992) However in the case of postal acceptance, perhaps numerically the most common case, the rule is subject to an exception (Dudgale, 1992). It was decided in Adams v Lindsell (1818) that a postal acceptance was effective as soon as it was posted even if the letter is delayed, destroyed or lost in the post and it never reaches the offeror. On 2nd September, the defendant wrote an offer selling goods to the plaintiff and asked a reply by post. On 5th September the plaintiff received the letter and sent his acceptance by post. However the defendant had sold the goo ds to a third party on the 8th September and received the letter of acceptance by the plaintiff on 9th September. It was held that a binding agreement was made and the postal rule noted that the date of sending is the date of acceptance. (McKendrick, 2008) In Household Fire and Carriage Accident Insurance v Grant (1879), this rule was applied even when the letter of acceptance was inadequately stamped or wrongly addressed, and it is open to the offeror to say expressly that he will not be bound until he receive the acceptance. Moreover, in Holwell Securities v Hughes (1974), the Court of Appeal held that such a requirement could be implied from the nature of the contract (exercise of an option). Keenan, 2007) Meanwhile, modern forms of communication such as e-mail, telephones with answering machines and faxes do not follow the postal rule. (Kelly, Holmes Hayward, 2005). On the other hand the communication rule was applied to contracts of telex by the Court of appeal in Entores v Miles Far East Corpn (1955) and by the House of Lords in Brinkibon v Stahag Stahl (1982). In these cases generally, the telex machines were in the offices of the parties and messages were sent during the office hours. Communication, therefore, was practically instantaneous as it is on telephone, which is assumed to be covered by the same rule. (Rose, 2008) The postal rule does not apply to the modern form of communication, also known as instantaneous communication because they occupy an intermediate position. This can be said that the time of acceptance is the time of receiving compared to the postal communication. However, courier service is still bound to the postal rule as the time of acceptance is the time of sending. Beale, Bishop Furmston, 2008) There are criticisms existed for postal rule. One of the criticisms of the rule is that it favours the offeree. The English case of Household Fire Insurance v. Grant (1879) is a prime example of the possible injustice which may re sult in the application of the postal rule. In this case, on receipt of an offer from Grant to take up an insurance policy, the company posted back their acceptance and the letter never arrived, so Grant was unaware of the acceptance from the company. It was held that a contract existed, and that he was liable to pay premiums. (O’Brien, 2007) This example shows how, through application of the postal rule, a party may be bound by a contract without actual knowledge of its existence. If the rule stated that the contract would not be formed until receipt by the offeror, injustices like this could be avoided. According to Furmston (2001), it would also have been acceptable as a ruling in the Adams v. Lindsell case as â€Å"the defendants’ offer would not be revoked by their sale to third party on 8th September. This statement underpins the fact that the ruling was an arbitrary one, which was needed to make certain the law regarding acceptance by post at the time. (Oâ⠂¬â„¢Brien, 2007) Due to the high proportion of modern forms of communication, for example fax, registered post where receipt of acceptance is normally issued to the customer, and e-mail, the usage of the postal system in modern day business is waning. Electronic telecommunication, are the most common competition for the long established postal system. One of the earliest references of case law regarding electronic communications is Entores Ltd v. Miles Far East Corporation (1955). This English case deals with an offer which was sent via the plaintiff’s telex machine to the defendants in Holland. The plaintiff sent a telex message from England offering to purchase 100 tons of Cathodes from the defendants in Holland. The defendant sent back a telex from Holland to the London office accepting that offer. The question for the court was at what point the contract came into existence. If the acceptance was effective from the time the telex was sent the contract was made in Holl and and Dutch law would apply. If the acceptance took place when the telex was received in London then the contract would be governed by English law. The English Court of Appeal held that the contract was concluded when the acceptance was received in London. This set a precedent which isolated electronic forms of communication from the authority of the postal rule. (Poole, 2008) The principles of the Entores case were approved by the House of Lords in the case Brinkibon Ltd. v. Stahag Stahl und Stahlwarenhandelgesellschaft GmbH. Lord Wilberforce declared that he would accept it as a â€Å"general rule †¦ but not necessarily a universal rule. He believed that to avoid the injustice that might be caused by universal application of the rule, cases regarding instantaneous forms of communication must be resolved â€Å"by reference to the intention of the parties, by sound business practice and in some cases by a judgment where the risks should lie. † This lack of an unden iable rule creates a margin for the types of cases which would otherwise be dealt with in an unjust manner. (Peel, 2007) Nonetheless, if an offeror provides an offer with an e-mail address for purposes of correspondence, the acceptance by the offeree is effective when it first becomes accessible by the offeror. This is a contemporary example of how the postal rule is being dispensed with in favour of the more liberal general rule as applied in Brinkibon. (Peel, 2007) Another criticism of postal rule is that the effects due to revocation of offer. Where an acceptance is posted after the offeror posts a revocation of the offer, however before that revocation has been received, the acceptance will be binding, as posted acceptance take effect on posting. (Kelly, Holmes Hayward, 2005) This point is illustrated in Byrne Co. v. Van Tienhoven Co. (1880), where the courts confirmed the long-standing idea that any revocation of an offer must be communicated to the offeree; although a gain there are some exceptions to this rule. The offeror need to communicate this revocation to the offeree himself, however. It is not always practicable for a company, or even an individual, to communicate directly with the other contracting party and this is reflected in the decision in Dickinson v. Dodds (1876) that revocation may be communicated by a reliable third party. Kelly, Holmes Hayward, 2005) The question is then whether a revocation sent at the same time as an acceptance will nullify an offer. In Household Fire and Carriage Accident Insurance Co. v. Grant (1879), the court ruled that the postal rule only applies to acceptances. As a result, revocation is only effective if it can be received by the offeree before they post their acceptance. (O’Brien, 2007) In contract law, the offeror is aware of the terms of an offer before the offeree and thus is in a better position to know when that a contract may be created. It would therefore unjustifiably prejudice the offeree if the offeror were able to withdraw their offer even after a letter of acceptance has been posted. The postal rule reflects this state of interaction and goes some way to balancing the power levels between the two parties. (Kelly, Holmes Hayward, 2005) In a nutshell, judging by the criticism of the postal rule which it favours the offeree creating unbalance in justice and the effect after the offer being revocated, this postal rule of acceptance will not be applicable to modern forms of communication.

Sunday, May 17, 2020

Entrepreneur Profile Of Kevin Popovi テᅵ - 1173 Words

Entrepreneur Profile of Kevin Popović, Founder CEO of Ideahaus On March 18, 2015, I had the pleasure to interview Kevin Popović, founder and CEO of Ideahaus, a creative communications agency, with studios in San Diego, CA and Pittsburgh, PA. Ideahaus operates in various fields, including communications planning, account management and creative development. Kevin will soon celebrate the 25th anniversary of his award-winning â€Å"boutique agency,† which we started back in 1990. In 2010, Kevin Popović publicly reflected on this success by publishing his first book, 20YEARS Communications, along with Marshal Carper. His highly-anticipated second title, Satellite Marketing: Using Social Media to Create Engagement, will be published on September 16, 2015. I know Kevin from being a part-time lecturer at San Diego State University, where he teaches about â€Å"Social Media Strategy / Customer Engagement† as well as â€Å"Creativity Innovation.† Characteristics of Entrepreneur Even tough entrepreneurship was not historically considered a viable â€Å"career path† in his family, Kevin Popović became intrinsically motivated to start his own company the day his daughter was born. As he reflected during our interview, he could not handle being systematically brought down by his former boss, a characteristic we seem to find in a lot of entrepreneurs. Kevin also had experience in a variety of different industries, but did not know how to combine them all. As soon as he realized he could combine all

Wednesday, May 6, 2020

Essay on The Three Witches in Macbeth - 984 Words

The three witches in the tragedy Macbeth are introduced right at the beginning of the play. The scene opens with the witches chanting three prophesies: Macbeth will be Thane of Cawdor, Thane of Glamis and King. These prophesies introduce Macbeth to his plan of defeat and to over power. Macbeth will eventually follow through in killing king Duncan. Some people believe that the witches had the ability to reverse the order of things. This brings into the play idea of fate and the role with which it has in the play. One can only wonder if Macbeth ever had a chance of doing what was right after he met with the witches. It is however, more realistic to believe that Macbeth was responsible for his own actions throughout the play and in the end,†¦show more content†¦She can manipulate Macbeth easily, this is shown in the line That I may pour my spirits in thine ear. (I,V, 26) She is selfless, and wants what is best for her husband. Before the speech that Lady Macbeth gives, in act o ne scene five, Macbeth decides not to go through with the killing of the king. However, Lady Macbeth manipulates at Macbeths self-esteem by playing on his manliness and his bravery. This then convinces Macbeth to kill the king..Macbeth is like a child who is easily gudied. Lady Macbeth knows this and acts on it accordingly. Although Macbeth has the final say in weather or not to go through with the initial killing, he loves Lady Macbeth and wants to make her happy. Lady Macbeth is the dominating one in the relationship which is shown in her soliloquy. It seems that she can convince him to do anything as long as she pushes the right buttons. On the other hand, as the play goes one, and Duncan is killed, their is a reversal of natural order, and Macbeth becomes the dominating one. Lady Macbeth becomes very obedient. She becomes pathetic and only a shadow of her former self. Where she used to be manipulative and stong willed she is now weak and is unable to control Macbeth. Ambition plays a large role in this tragedy. Both Macbeth and Lady Macbeth have a very srtong ambition that drives them. Lady Macbeths ambition drives her to manipulate Macbeth into committing murder. Macbeths aggressive ambition is present before the witchsShow MoreRelatedThree Witches and Macbeth2956 Words   |  12 PagesThe opening scene in Macbeth is a compact exposition. Everybody knows that a play is more restrained than a novel because it is written to be performed in less than three hrs. That is why it should attract the viewer and engage his or her attention from the beginning. That makes the opening scene of any play of such a great importance. The opening scene in a play acts as an expository scene that introduces the audience to the background of the play, its hero, and hints at the main theme. ShakespeareRead MoreAnalysis of the Three Witches in Macbeth by William Shakespeare1776 Words   |  8 PagesAnalysis of the Three Witches in Macbeth by William Shakespeare In this essay, I am going to look at and explore the three witches in Shakespeare’s Macbeth. I will look at the way they are presented in each of their four scenes; how audiences might react to them and the part they play in his downfall. The witches don’t appear much in the play but bring about the idea of both evil and ambition. In Act 1 Scene 1 the mood is set. We first hear of the witches and the playRead MoreResponse to Shakespeares Macbeth Essay996 Words   |  4 PagesResponse to Shakespeares Macbeth Look very carefully at Act 1, scene 3 (L.30 - 62) and comment on the significance of the witches predictions. How do the witches affect what happens in the play, and how do you visualise them on stage? Throughout Shakespeares life, witches and witchcraft were the objects of fevered fascination. Between 1560 and 1603 hundreds of people (nearly all women) were convicted as witches and executed. Witches were credited with diabolicalRead MoreFate Vs. Free Will988 Words   |  4 PagesThroughout the scottish tragedy Macbeth, William Shakespeare plays with the concept of fate versus free will in the the title character, Macbeth. This internal conflict is sparked and continued by the presence of the witches; three old hags whose primary purpose is presumably to serve evil. The three witches are in control of Macbeth throughout the play by incanting prophecies that ultimately remove Macbeth’s free will. Shakespeare chooses the witches to serve as the stimulant for Macbeth’s unethicalRead MoreRole of Women in Macbeth by William Shakespeare Essay1039 Words   |  5 PagesRole of Women in Macbeth Macbeth, by the playwrite William Shakespeare, is one of his most amazing tragdies and additionally one of his most well known plays. The play has picked up infamy (being great known for some awful quality or deed.) for the mischances that occurred all around its numerous stagings to such an extent that it is otherwise called the Scottish play to keep from needing to say its name. The spooky Lore surrounding the showing of the play is fitting given the events that takeRead MoreThe Role Of The Witches In Macbeth1395 Words   |  6 Pages In the novel Macbeth, by William Shakespeare, Macbeth is told his prophecy by the three witches, mysterious, secretive creatures, who we are left to develop our own vision of. Witches are known to represent evil, envy, and are always the villains of the story. In this novel, they are illustrated very similarly. In the beginning of the story, we learn that the witches are somehow associated with the weather, can cast spells, and like to take revenge. Macbeth pays the witches a visit to ask for hisRead MoreThe Role of the Witches in Macbeth by William Shakespeare Essay1108 Words   |  5 PagesThe Role of the Witches in Macbeth by William Shakespeare Macbeth is a play written by William Shakespeare some time between 1603 and 1606 and is set in Scotland around 1040. The time it was written coincides with the reign of King James the First of England. King James showed a great interest in witches and powers of the supernatural and Macbeth was arguably written to impress the king in what were violent times. Shakespeare used witches as pivotal characters to createRead MoreWilliam Shakespeare s Macbeth Essay1406 Words   |  6 PagesMacbeth Essay Since the beginning of time people looked up to the stars asking Gods their fate. Fate is a belief, that there is a set path for an event that is both unavoidable and inevitable, that there is a fixed natural order to the cosmos. In the play Macbeth by William Shakespeare, viewers can observe fate or (prophecy) playing a major role. William Shakespeare was born April 1564 and died May 1616, during his life Shakespeare wrote 37 plays, and 157 sonnets, Shakespeare is also knownRead MoreMacbeth, By William Shakespeare1203 Words   |  5 PagesMacbeth is a play based on King James I, it was written by William Shakespeare, however this play isn’t a king and queen fairy tale, but it’s a play about greed and guilt, chaos and murder and three evil witches who use prophecies to influence Macbeth to do bad things, using flattery would instigate his inner ambition to become king, which in the end doesn’t lead to a very happy ending. Shakespeare’s, Macbeth, was written in the early Jacobean period. During those times, women had no power, theyRead More Fate and Free Will in William Shakespeares Macbeth Essays585 Words   |  3 PagesShakespeares Macbeth In Shakespeare’s Macbeth, there is a question as to whether or not Macbeth is driven by fate or free will. The three weird sisters approach Macbeth with prophecies that will all come true in the end. It would appear that Macbeth is just following destiny at first. However, Macbeth always had a choice throughout the play to choose his own fate. Macbeth journeyed to his murderous doom through his own free choice. In Act I, the three witches visit Macbeth and Banquo on the

Risk Assessment and Critical Incident Report

Question: Discuss about the Risk Assessment and Critical Incident Report. Answer: Introduction The report consists of drafting a recreation program for the Ballimore Community Center. The program includes four different center-based activities followed by two excursions and two night camp which will be in the village or to the outskirts of the city. Under which, excursion includes two activities one to the movie and another beach. The holiday should be planned according to the profile of the client, requirement, like and dislike, ethical consideration and interest. The Plan should also involve the incidence, which has already occurred. Looking to the factor i.e., health, work culture and safety of the people participating in the camp. Details for assessing equity principles to the holiday activities The first client named is Ben. Mr. Ben shows interest in attending the centre from more than 2 years. However, according to equity principles he also has some access issues because of his cerebral palsy. All clients will be treated it and this is why centre needs to take into consideration problem faced by Ben and he needs stick to walk at places. This particular recreation programs needs to take proper care of Mr. Ben and avoid visiting to rural places due to discomfort for that person. This program is arranged by Ballimore Community Center and should make effort to meet the needs of the potential clients at the same time. The next client is Ella and Assi. These are two of the young women worked for the Hub educational programs. This recreation program should take proper steps so that they can provide safety to the women. Parents are the real issue for the young women just because parents feel that centre would be rude and reluctant towards women. Joanne agrees to go for the camp but suffers from asthma. This recreation programs should make Joanne comfortable and engage her in all the activities as planned by them. Adam and Smith show their interest to work in the welfare sector as mentor. This initiative by the young men will help recreation programs to get constant support and energetic working people who show interest in serving other people needs. Tony is other client who shows interest to attend in the recreation programs. He has some anger management issues that require proper attention by the recreation managers. It is important to understand the fact that Tony shows interest in working for other unique culture in the most appropriate way. The above-mentioned clients should be given utmost attention as each of them carries some unique personalities as well as issues. It should be handled with care and make effort in collaborating with equity principles to holiday activities. Conclusion: The holiday plan is made looking to the work culture, health habit and security of the participants. The holiday plan with excursion and going to the rural areas the details of the plan for the mentioned profile are given below: Ben and Joanne should go for the Movie sector, because as it does not involve any risk. Ella and Assi should go for the beach plan. Adam, Simon and Tony are the young people and go for the excursion in the rural areas. Bibliography: 8-step plan for heart-healthy holiday dinners. (2013).Harvard Health Publications. Harvard Heart Letter, Bell, J. (2016). Over the counter: A plan for a healthy holiday.PS Post Script, (Jul 2016), 30. Calif.'s island hotel newport beach plans holiday shopping overnight. (2015).Travel Weekly,74(44), 41. Fotis, J., Buhalis, D., Rossides, N. (2012). Social Media Impact on Holiday Travel Planning: The Case of the Russian.Transdisciplinary Marketing Concepts and Emergent Methods for Virtual Environments,1, 1-19. Jones, S. E. (2016). Pre-holiday Anomaly: Examining the pre-holiday effect around Martin Luther King Jr. Day. vlkov, h., durjoni, m. (2014). the role of preschool education and holiday family program on motor skills and heatlh variables development on children with autism spectrum disorder (case studies). Video: Vantage health plan holiday gift guide.. (2013).[Video/DVD] CriticalMention, Inc. Yuan, Y. (2013). Waterfront Holiday Resort Plan: Baise Case.Planners.

Saturday, April 11, 2020

Essay Sample With Quote As Opening

Essay Sample With Quote As OpeningThe creation of essay samples with quote as opening can be useful in creating interest and motivation for the essay topic. This can also be used for writing an entire dissertation if required. It can be a requirement in some kind of college entrance examination. So before writing the essay you need to find out the right quote to start off with.However, the use of these samples should be taken under consideration for two reasons. First, the quote will be in bold type. The 'I' word will be in bold print. Therefore, you need to have the confidence in using quotes in the essay. As well, the quotation should be proper and well-liked.Second, the samples need to be copied in some forum where quotations are often made. This means that the websites need to have some of the best quotations on their pages so that the readers can quote their quotes at the end of the essay.Practice makes perfect. You need to use the sample to the maximum. Your dissertation will r eally shine out if you make it interesting and enthralling.If you feel that the topic is not enough to be written about then try to think of the subject that has already been written about. It would also help if you refer back to the topic in your previous essay. This is to prevent your own composition from being repetitive.Finally, try to put all the information from the resource to the site as you write. This will increase the effect that the site will have.Now, you have all the materials that you need to create a sample. After writing your essay, you need to read the sample to see if you liked the quotations or not. If you like it, you can have it edited into the essay.

Friday, April 3, 2020

Purchasing Essay Writing Service Canada

Purchasing Essay Writing Service Canada The Essay Writing Service Canada Stories At this time you don't will need to check distinctive websites and their credentials as our Best Essay Writing Service Reviews. No one could ever know whether you used our expert services. It's extremely important to read carefully essay services reviews, because you wish to avoid low high quality services. Before you visit the Service Canada Office in your region, you should call to learn in case you need to create an appointment. Service Canada is not going to know which partner you're using. Unfortunately, nowadays it's possible to find a lot of companies on the internet that aren't legit and cheat on their customers. A Real Estate company unlike any other centered on the mission of constructing a network of career-minded pros who strive to cultivate their small business and their future. Online writing services may be the best in case you determine the finest in the competitive market over the exact same. Now, there are various services on the web that provide essay writing help to people. Facts, Fiction and Essay Writing Service Canada MLA, Chicago, Vancouver or others aren't an issue, you just have to indicate which one that you need when placing an order. Find out the number of work hours you require in your region. If you're in search of a trusted essay writing service in Canada, you will need to devote some time attempting to select the best option. Presently a days essay was become a big portion of educational tool in school, colleges and universities. Our essay experts are almost always keen to accommodate with students if they aren't happy with the quality of work. Writing is a present that comes naturally. Essay writing services have appeared as a bright solution that permits students to address many troubles. Top Quality Essays provide services in the area of academic Custom Essay Writing Online. Work with a low-cost essay writing service is a manner of avenue. To summarize, as a student wishing to cover professional essays, you always have the option to get the very best excellent essay at the most reasonable price. An abstract is a concise review of the paper you wish to present at an. Who knew essay writing may be so tough. If you're thinking that you will need a person to compose my essay at the moment, you can merely rely on our honest reviews. If you don't speak English or French, bring somebody who can translate for you. With regards the body of the Abstract you have to earn a crystal clear statement of the subject of your. You ought to understand the background to the topic and the present thinking. Write your title and abstract a couple of distinct techniques to identify which one best aligns with the way that you wish to symbolize your paper. Write a research paper including methodological pursuits beyond simple a. men and women discover that they have to compose some type of introduction in order to acquire the. When it has to do with picking an essay writing service you have to have some type of checklist to create the proper selection. Most important though is the simple fact that HandMadeWriting is areal company based in the us. The option of a font may appear easy, but it's every tiny thing, but there are several things to contemplate. There are two main qualities you would like to know about in terms of Essayhave.

Monday, March 9, 2020

Radiologic Technology - Legal Essay Topics

Radiologic Technology - Legal Essay TopicsIf you want to know more about writing an essay that will help your company get a new radiologic technologist, you should read on. As you are reading this, there is a great opportunity to obtain employment. You might even be considering enrolling in a program to further your education.As mentioned earlier, the application of radiologic technology and its application in legal services are a major component of the industry. There are other law enforcement-related careers, and for these individuals there are other legal essay topics that are very helpful. By knowing what to look for, you will find out that there are many legal essay topics you can utilize to impress a potential employer.This is because the legal essays tend to highlight more about what kind of person you are. Even though it may be difficult to be too specific in the essay you write, there are some general things that should be included in your essay.Perhaps the most important of these is a unique skill or ability that you possess. This skill can show a company that you are enthusiastic about what you do. Other than this, you also need to explain why you are qualified to receive this job.This is important so that employers will see that you have a strong understanding of radiologic technology. From your resume and employment history, they will be able to see what kind of person you are and determine if you are qualified for the job.The next thing that you need to be aware of is that if you are not knowledgeable on some legal essay topics, there is no way that you will be able to successfully pass any exams that may be necessary for employment. There are certain questions you will need to know and not only may you find these exam questions confusing, but also hard to answer. These exam questions are normally the ones that the employer will be looking at when he or she makes their final decision.Although many candidates pass the initial exams to get a job, th ere are still a lot of people who do not finish their coursework. Many of these people continue their education and get a full college degree after receiving their job offer. This is because they will feel more secure in themselves as they have completed the training required for their positions.