Tsang Ching Hung
53081466
LW2903 S05
Human Resources Management
Charu SHARMA
ASSIGNMENT QUESTION
Semester B, 2013/2014
On Monday, 13 January 2014, Ada wrote to Ben saying, “Please sell me your vintage BNW car for $80,000”. On Tuesday, 14 January 2014, Ben replied by leaving a message on Ada’s voicemail, “Sure, provided you pay by cash”. Ben then changed his mind and he posted a letter to Ada which read, “I have reconsidered the matter. I am no longer able to sell you my BNW”. This letter arrived on Thursday, 16 January 2014, before Ada checked her voicemail.
1) Advise Ada and Ben.
There is no contract between Ada and Ben. This is because initially Ben leaves a message on Ada’s voicemail to accept the offer. However, Ben changes his
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On the other hand, there is a binding contract between Ada and Ben if Ada has knowledge of the acceptance by Ben. The contract comes into existence as soon as Ada checks the voicemail. With reference to the case of Entores Ltd v. Miles Far East Corporation in 1955, the plaintiff in London sent a telex to the defendant in Amsterdam offering to buy goods from the defendant. The defendant sent a telex in return to the plaintiff accepting the offer. Therefore, a contract was made between the parties when the defendant’s acceptance was accepted by the plaintiff.4
b) Because of a fault on Ada’s voicemail system, Ben’s message had not been recorded;
There is no contract between Ben and Ada. This is because Ben’s message has not been recorded, so Ada does not receive and read the message. Since there cannot be acceptance of an offer without the knowledge of it, acceptance must be communicated to the offer, and mere inactivity or silence on the offeree does not create a contract as well. The rule laid down in Felthouse v. Bindley that mere inactivity or silence cannot amount to an acceptance is correct in 1862. The plaintiff offered to buy a horse from his nephew, John, who was going to sell it by auction. John intended to accept his uncle’s offer and advised the
Jim doesn’t think he can agree to the union’s language on contracting out because as written it could severely limit the company’s flexibility. What language, if any, should Jim propose to attempt to resolve this issue? (10 marks)
List five problems that you could encounter when creating documents if you do not make use of automatic functions.
6. Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement?
It is with great regret, and deepest sorrow that I announce to you today, August 5, 2010, the collapsing of our Copper mine in Copiapó trapping our family members far below the surface. At this moment we are not aware of their fate, or location, and we are making every effort possible to rescue your loved ones, and bring them back safely. We have contacted our Mining Minister Laurence Golborne to assist us with the rescue efforts. President Sebastian Pinera is also aware of this tragic accident.
In September of 2012, beginning in the country of Saudi Arabia, hospitals began seeing increased cases of a respiratory virus never before seen in humans. They named it Middle East Respiratory Syndrome, or MERS. MERS is a viral respiratory illness caused by the coronavirus. It was originally thought to have started there in Saudi Arabia. It was not until later that they were able to trace the origin back to Jordan starting in April of 2012. All outbreaks of MERS have been traced back to originating from the Arabian Peninsula (CDC, 2015a). Unfortunately, it is not known exactly how MERS was contracted in humans, but it is believed to have come from an animal source, probably from camels. Strains of MERS
Nestled in Southern Indiana just west of Louisville, Kentucky and south of Indianapolis, Indiana is Dubois County, Indiana. Dubois County is comprised of the towns of Birdseye, Ferdinand, Holland, Huntingburg and Jasper. Of those towns, Jasper is the largest and is the county seat (Kelly School of Business, 2014). Over fifty-two percent of the population consists of adults ranging from 25-64 years of age (Kelly School of Business, 2014). The leading cause of mortality in this county is heart disease, cancer, suicide and injuries (Memorial Hospital and Health Care Center & Dubois County Health Department, 2011).
Looking at the outcomes, which are the result of the support plan, these include inputs, outputs and outcomes. In simplified terms, these items look like:
The Court's failure to put forward a convincing justification of its own could perhaps be excused if it were relying upon the unanimous conclusion of state courts in the reasoned development of their common law. It cannot do that, since no State has such a privilege apart from legislation. The Court concedes that there is "divergence among the States concerning the types of therapy relationships protected and the exceptions recognized." "The reasons for recognizing a privilege for treatment by psychiatrists and psychologists apply with equal force to treatment by a clinical social worker such as Karen Beyer. Today, social workers provide a significant amount of mental health treatment. Their clients often include the poor and those of modest means who could not afford the assistance of a psychiatrist or psychologist, but whose counselling sessions serve the same public goals."
Understand own responsibilities, and responsibilities of others, relting to health and safety in the work setting.
Most contracts are valid despite the fact that they may be only oral. Dan was knowledgeable that Pat wanted to buy a home, which she was not financially qualified to purchase. Consequently, he offered to purchase the home and sell it to her, when she had the capital to do so. The statement of Don to Pat, “When you come up with the money, I will sell the home to you for $250,000, plus a fair commission to be determined”, and Pat’s search and identification of a suitable home, and Dan’s purchase supports each intent to be bound.
1.1 Explain the importance of a holistic approach to assessment and planning of care or support.
The principle of law is that for a valid contract to be formed there must be an agreement reached by both parties.
Manifestation: Acceptance of an offer requires a communication of the acceptance to the offeror from the offeree so in order to satisfy the mutual assent requirement. Pete acceptance could be inferred through his statement No problem you can let me know sometime within the next two weeks.
As of whether the parties were of a sane mind, yes they were to allow them capacity to seek purchase of a new car and also agree to the terms and conditions of the sale.
would give 100 £. The company then deposited 1,000 £ in a bank to show