Friday, February 28, 2020

Contract Law Essay Example | Topics and Well Written Essays - 1500 words - 1

Contract Law - Essay Example All contracts can be enforced in a court of law and if one party to the contract meets his contractual obligation and the other party does not, then the aggrieved party that is the non-breaching party is entitled to receive compensation through the court. Moreover, regarding the competency to contract, minors, persons disqualified by law, and persons of unsound mind lack the legal capacity and cannot enter into a valid contract. Minor is a person who has not attained the age of majority as prescribed by the law. Here in the given context, there are two situations presented for analysis and to provide advice; Miss K Martin with Willis Vents Ltd and Miss K Martin with Malcolm Rogers. The following chronology provides a brief idea about the events happened in the course of time in the business of Miss K Martin with both the Parties. Chronology January 2011 Miss K Martin contracts WV for a quote to build a chilled section April 2001 WV and Miss K Martin agrees to go ahead with the work f or a total cost of ?5,000; the work to be completed on 1st August 2011 July 7, 2011 WV asks for an additional ?750 to complete the work on time; Miss Martin reluctantly agrees to do so. August 1, 2011 WV completes the work on time; Miss K Martin pays the actual contract price of ?5000 August 8, 2011 Payment of ?125 due from Malcolm Rogers August 15, 2011 Another payment of bill amounting ?145 due from Malcolm Rogers August 22, 2011 A third bill for ?140 is due from Malcolm Rogers August 30, 2011 WV sent an invoice for the payment of remaining ?750 August 30, 2011 Miss K Martin sends an invoice for the total amount of ?410 from Malcolm Rogers September 6, 2011 Miss K Martin responds to the reply from Malcolm Rogers regarding the invoice dated 30th August, 2011, and agrees to receive half of the amount due—amounting ?205, in full and final settlement as offered by Malcolm Rogers Willis Vents Ltd vs. Miss K Martin Contractor: Willis Vents Ltd Contractee: Miss K Martin As per the information given, Miss Martin intended to improve her storage facility and contracted Willis Vents Ltd. (WV) in January 2011 for a quote to build a chilled section within the garage and to install air conditioning throughout. The WV quoted the proposal for a total cost of ?5,000. And in April 2011both parties agreed upon the terms and conditions and entered into contract for a total cost of ?5,000, requiring the work to be completed on 1st August 2011. However, later, on July 7, 2011 Nick Parsons from the Willis Vents informed Miss Martin that unless an additional amount of ?750 is paid, the work would not be completed on the stipulated time; and she had to reluctantly agree in order to keep the work moving and to finish on time. It is evident that both the parties have entered into a legally valid contract, meeting the requirements as required in the Principles of European Contract Law. According to Chris Field (2010), the primary requirements for a valid contract are Offer, Acce ptance, and Consideration. The WV had quoted contract (offer) for a total amount of ?5,000 (consideration) and Miss Martin agreed with the terms (acceptance) of the contractor. According to the Section 1 Article 2.101(2) of the Contract Law, â€Å"a contract need not be concluded or evidenced in writing nor is it

Tuesday, February 11, 2020

Analysis of Case studies Research Paper Example | Topics and Well Written Essays - 1250 words

Analysis of Case studies - Research Paper Example While they had previously taken an active approach to advertising their nursing formulas, they now stepped back and adopted an approach that was basically hands off. The official statement in these regards reads, â€Å"Nestle leaves the recommendation of appropriate breast-milk substitutes to health professionals and for almost 20 years has stopped all promotion of infant formula to the public.† In terms of theoretical perspectives one notes that Nestle has shifted from a semiotic understanding of consumers as entirely alien to one wherein they represent While Nestle has taken a hands-off approach to advertising its formula, the fact remains that the products still exist. In these regards, one must consider that there may be an element of moral deafness occurring. This is the theoretical perspective wherein members of a company neglect the immoral aspects of the company for a variety of socially conditioned reasons. This is a highly complex issue that would require insight fro m medicine and health professionals to determine the extent that consuming nursing formulas over breast-feeding represents a significant health risk. From a cursory perspective, it seems that there are viable reasons for the existence of milk formula and that its production alone does not count as an element of moral deafness. ... the accusation that McDonalds had duped customers into believing that their French fries were vegetarian, when in actuality that included beef extract. This controversy sparked off outrage throughout the world, most markedly in India where vegetarianism is not simply matter of personal or political choice, but of religious significance. McDonalds was targeted with a multi-billion dollar class action lawsuit that contended the company had purposely been deceitful in this process. When examining the issue in terms of contemporary communication theory a number of insights can be articulated in regards to how McDonald’s handled the situation. The major theoretical lens through which this issue can be understood examines it in terms of noise; in large, part this is represented through the encoder, message, channel, decoder spectrum of understanding. Where along the lines McDonald’s message was either purposely obfuscated, or structured in such a way that it signification was misunderstood by individuals along the path of codification. In large part, McDonald’s took a clear and direct approach to its handling of the situation. Rather than attempting to cover up the incident or denying that it occurred McDonald’s issue a clear and direct apology to those concerned with the incident. The apology outlined in detail McDonald’s production process, including demonstrating that in certain areas beef products were utilized in production; however, in Middle Eastern countries and India, where the utilization of beef products was of primary concern they were not utilized. In addition to the effectiveness of the communication response that was implemented, McDonald’s also utilized adequate financial incentives to back up its apology. In these regards, nearly $10 million