Problem Question - Law of Contract Essay Example | Topics and Well Written Essays - 2000 words

Problem Question - Law of Contract - Essay Example The appeal case will deal with two primary issues; whether the IndyBooks Ltd. adhered to the doctrine of incorporation; and whether an e-mail notification can be taken as form of acceptance of a contract. Doctrine of Incorporation The doctrine of incorporation in English law Contract Law refers to the attaching of terms and conditions to such agreements in a manner that the court acknowledges them as legitimate. For terms to be viewed as incorporated the following three conditions must be met: a) the offerer of the contract must notify the other party of the terms prior to or in the course of entering into the contract; b) the terms and conditions must be attached to the document containing the contract; and c) the originator of the terms must act â€Å"reasonably† to ensure that the terms are within the reach of the other party. These rules are however not statutory1. In this case, IndyBooks Limited met the three conditions by notifying Ryan of the terms and conditions during the registration process. ... She could read the terms and conditions or even download them but she ignored them. Ignoring terms of a contract is no defence to unawareness of the terms. Contractual document The second condition for incorporation of contract articles is that the terms must be written on a form that is planned to be the binding document. In this case the terms were part of the contract document that Ryan had filled and submitted online. Therefore, the defendant acted reasonably to meet this condition, and is likely to win in the appeal. In the United States, the rule of â€Å"minimum contacts† is used to decide most of online contract cases, especially those that are made by a party who is in the country and the other is outside of the country. In the case of Pres-Kap, Inc. v. System One, Direct Access, Inc., [1994] 636 So.3d 1351, for example, the court invoked the rule in arriving at the decision of the case2. In the case, Pres-Kap a party based in New York, chartered System One's automate d airline booking system with computer systems situated in Miami, Florida, but encountered problems with the transaction due to system failure. He then opted to not send the funds and System One filed claims for violation of the agreement in Florida. The court decided that a contractual agreement between two parties in which one party is out of the country does not meet the â€Å"minimum contacts† doctrine for personal jurisdiction. The local company that owned the server was also inadequately prepared to corroborate this. Otherwise, by granting the plaintiff’s prayers, the court predicted that future users of Internet-based services will jam courtrooms wherever particular servers were located. In light of the decision on Pres-Kap, Inc. v. System One, Direct Access, Inc., the court may rule in

Paragraph Essay Example | Topics and Well Written Essays - 250 words - 8

Paragraph - Essay Example Money is not easy to make because earning it is coupled (Verb) with highly productive hands. Furthermore, it is not only enough to analyze (Verb) situations in the event of making money, but it is aid (Verb) with doing the right thing. A person‘s ability to make money is enhanced (Verb) with his or her ability to eventually (Adverb) accompany (Verb) right ideas with actions. It is easy to detect (Verb) why it is hard to save money at some point. To eliminate (Verb) unnecessary spending is a good way to start saving money. In doing this, a normal (Adjective) budget plan is most likely to be followed which would minimize (Verb) the attributes (Noun) of wrong presumptions (Noun) about spending. It is an ideology (Noun) that having the right education increases an individual’s capacity (Noun) to obtain maximum (Adjective) advantage in the future. The clarity (Noun) of this is rooted within our experiences from the past which we need to consult (Verb) so as we could submit (Verb) our own stand on

DESERT Essay Example | Topics and Well Written Essays - 750 words

DESERT - Essay Example Deserts can be found across the world but the geographical areas are classified in four regions. The subtropics are the ones where most of the deserts around the world are found as these regions are immensely dry and their dryness is usually because of the circulation of hot and dry atmosphere. The second is the middle-latitude continental interiors which are arid regions and their aridity is mainly due to their far distances from the oceans. The deserts in these regions are cloudless and mostly have average temperatures of below-freezing in winters. The third is the leeward sides of mountains which covers the region of Southwest America. The clouds release the moisture on windward slopes of mountains, leaving dry air on the leeward side. The last are coastal areas where deserts are formed with the cold currents as they stabilize the air over the shore (Greenberger 132). The desert biome has many unique characteristics that make it different from rest of the biomes. The temperature at first is the most defining characteristic of a desert. The deserts are usually warm in the day as compared to nights but the differences of temperatures are very drastic. The average temperature at day time in a desert would be 100Â °F while at night it would be 25Â °F (Greenberger 133). This is a large temperature difference and it is because the moisture is very little in the desert air. Other unique characteristics are the lack of plantation and animal life in deserts. The plants which grow in deserts are unique such as the cactus which require low amount of water to survive. One of the major environmental problems in deserts is desertification which is an issue in the entire world. The main cause of desertification is humanly activities due to which desert areas are expanding. Some of the human activities that increase desertification are over farming, over grazing, poor irrigation systems, mining, and digging for search of fossil fuels (Greenberger 134). People who

PERSONAL BIOGRAPHY Statement Example | Topics and Well Written Essays - 250 words

BIOGRAPHY - Personal Statement Example Indeed, my companions regularly irritated me amid my pre-adult years. I had numerous individuals who put resources into me, and I exceeded expectations at the greater part of my numerous and shifted diversions. I did well in school, frequently knowing how to do complex math issues before the idea had even been acquainted with our class. Thinking back, I am certain I was very egotistical, albeit I did not understand it at the time. Later in 2013, I rejoined with my parents in the United States where I joined tenth grade. In America, I started to feel burnt out on the weight put on me by my family and their elevated requirements. I systematically proceeded with my additional curricular exercises, including music and workmanship lessons, and alongside my studies. I graduated as the best student in my class, and I was satisfied because I made my parents to be proud. All my grades in the United States were amazing because I joined advanced classes. However, after three semesters, I chose to join school after I kept on exceeding expectations in training much the same as my nation of origin. I need to be a little fish in an enormous lake for a change. The wise quotes from Kiyoska (2014) give me power to move on, for the winner are always prepared for challenges. In College, I would like to proceed with the same soul of greatness to be an effective individual later

History Essay Example | Topics and Well Written Essays - 500 words - 46

History - Essay Example Having complex roots to analyze, I think that studying America would prove both difficult and interesting in the sense that the bulk of studies are composed of various areas which may come hard to keep track of especially considering the quantity of details in volumes of text yet it would fascinate to find out as well that there are innumerable topics worth a student’s delight in the process. Since it entails becoming disposed to understand different cultures, economic development, and diplomatic relations, American history makes an overwhelming piece of literary journey with its own thematic features of action, romance, and mystery. Several people might have maintained a negative perspective of looking into the American history due to countless enormous controversies which have inevitably become attached to the system of U.S. government, set of ideologies, and knowledge of American societies, their corresponding beliefs, and functions in former ages and as they are at present. One such concrete instance is tolerating a negative view that Americans are racists by nature for it is by far established in human consciousness that the term ‘American’ is more often immediately attributed to an individual belonging to the ‘white race’. Hence, upon recollection of unpleasant events as black slavery during the period of Civil Rights Movement, it occurs amply reasonable to place education with American history under negative mode of interpretation. To persuade people to turn from such unfavorable perception, it would help to consider addressing the curriculum on American history course with some necessary modifications. The approach to teaching American history must be reformed in such a way as to shape student’s thoughts to obtain better understanding of the factors that constitute failure of the American government and the long- or short-term impacts brought by the industrial revolution and mixed socio-ethnic

Diversity, Equity, and Standards Research Paper Example | Topics and Well Written Essays - 750 words

Diversity, Equity, and Standards - Research Paper Example A number of the minorities’ families experience poverty. These factors create a cycle of poor education, lesser job opportunities, lower income, and a negative social reputation. Specifically, minorities due to their racial background are usually at a disadvantage in the classroom due to language barriers. Several students find it hard to relate to the contexts used in text books and other teaching materials due to cultural differences. Furthermore, institutionalized discrimination keeps African Americans or other minorities on the bench in several kinds of sports. Their coaches’ low expectation of them also happens inside the classroom. As a result, these students are not motivated to excel. Similarly, a number of schools feel the segregation since black teachers cater to black students. It appears that these teachers do not have any other place to teach. To address the abovementioned concerns, a legislation that focuses on these issues must be passed. This will enhance public awareness and inspire greater advocacy for equal quality schooling. Additionally, the government, private organizations, and able individuals should fund researches and other noble causes that look into the minority groups such as Native and African Americans. Mass media should also take part in influencing the masses to fully accept and work with all kinds of people. In general, each has a vital role to achieve in promoting equity in the education system. 2. There are several intelligence tests that are not culture friendly. For instance, the Wechsler Adult Intelligence Scale (WAIS) which is used in some institutions has some questions that are not so familiar with the minority groups. WAIS consists of questions about incomplete pictures such as a house during a snowy day (Kaplan & Saccuzzo, 2009). Some Asian or Native Americans may not be familiar with the typical Western-European kind of house. Moreover, achievement scores have a

Red Cross's Crisis Communications Plan Essay Example | Topics and Well Written Essays - 2750 words

Red Cross's Crisis Communications Plan - Essay Example Crisis Communication addresses the process of managing a crisis situation, by roping in measures to counter the ill-effects of the situation. Crisis communication helps in analyzing the detriments and then working on the strengths, while also accentuating the positives. It helps in limiting, restricting and then, countering the negatives achieved during the crisis. Hence, it is a very important function for any organization. This paper is an attempt to analyse the Crisis Communication Strategy for one of the leading stores in Britain---John Lewis. John Lewis the retail store that is one of the most popular ones, in Britain. The store has been functional since 1864 and hence, it carries a legacy, robust management and a favourable position amongst the masses. The retail stores are extremely popular, and has branches in almost every city in the country. John Lewis has an employee base of 60,000 employees and hence, is a huge organization. With the level of popularity and the size of the organization, the stakes are rather high for John Lewis when it comes to handling situations that could be detrimental to its image. Crises situations in the past have occurred. For instance, once there was an instance when fire broke out and the retail company had to handle the situation by developing a good communication plan, to balance and fill in the lacunae. The crisis situation we can take up, is that of a new product launch and its consequent withdrawal. A company invests a large amount of planning, efforts, finance and publicity in the launching of a new product. However, when it is required to be taken off the shelves, it is indeed a crisis situation for the company, since it entails the handling of the stakeholders' interests, besides the financial community and also, the general public who procure a bad image of the company. The situation in John Lewis is the same, and hence, a robust crisis communication plan needs to be chalked out. For this, one must first look at the aims and objectives of the plan: Firstly, the main objective is to reach out to the stake holders, to ensure them that their interests are not at stake and is in the process of betterment. Secondly, it involves reaching out to the masses and delivering the exact scenario, while dispelling myths or apprehensions and ensuring that the company will be back with a bang, with their support. Thirdly, it is to convey to the media, the exact problem, the manner in which it is being solved and how the company is concerned about returning back to the grind, in all positivity. For John Lewis, the policy statement for the addressing of the crisis would be, the revealing of the exact reason behind withdrawal of the product. The product here is a new kitchenware. The appliance is an electrical water heater that can also turn hard water into soft