Tuesday, December 31, 2019

Circumcision What Does It Matter - 1289 Words

Circumcision: What does it matter? Paul closes this passage by detailing the most basic of Jewish law observances – circumcision. Paul argues that if one claims observance to this ritual but breaks the law, it does not matter in his relationship with God because his physical circumcision holds no weight accept for culturally. In verse 25-29, he notes that obedience to the law is not a physical act, but one of the heart, which sets apart a person to God. The act of saying one thing and doing another does not depict a life that is truth based and this was the action of the Jews under the Law. This is the problem with the Law. Ultimately, â€Å"it demands more conformity to outward regulations.† It is an inward, Spirit-led significance that defines the honor and praise of God since it is not outwardly recognized and praised by men. Paul defends the position that the law cannot bring man to righteousness nor can anything outside of inward recognition of God. Ladd op ines, â€Å"The reason why the law cannot make sinful men righteous is that it is an external code, whereas the sinful hearts of men need a transforming inward power. The Law is a written code, not a life imparted by God’s Spirit (Rom. 7:23).† All people are subject to judgement as we will see in the next passage. Finding Favor with God (Rom. 3:21-31) Paul’s letter to the Roman church has absolutely challenged the Jewish way of thinking that has existed for over 2000 years before the life, death, and resurrection ofShow MoreRelatedEthical And Legal Aspects Of Nursing Practice1473 Words   |  6 Pages 2015 Professor  Ovidio  Viera Florida National University Circumcision...Is it an issue? Explore the human and ethical issues surrounding circumcision. Is this a medical right or a human rights issue? Why are people so against it...why are some so for it? What is the role of the nurse in relations to an ethical dilemma involving circumcision? In this paper will be talking about predominantly male circumcision. Circumcision is the oldest optional surgical procedure known to human kind andRead MoreHow Does Aristotle Address The Issue Of Individual Rights And The Freedom Of Choose?940 Words   |  4 PagesQUESTION #1: In Episode #10, how does Aristotle address the issue of individual rights and the freedom to choose? In Episode #10, Aristotle addresses the issue of individual rights and the freedom to choose. Aristotle believed that in order to allocate rights, one must first have to figure out the purpose or end of the social practice at question (Sandel, 2009). For example, people can debate and resolve the question at hand. After, one must look at justice as its matter of fit, by fitting personsRead MoreWhy Arent Jewish Women Circumcised? by Shayne J.D. Cohen1326 Words   |  6 Pagesquestion in a number of different and unique ways. He writes this book in hopes to inform and educate the curious mind such as scholars and lay people. Furthermore, he states that â€Å"In this book I am interested not only in the history of Jewish circumcision but also, and perhaps even more so, in the history of Jewishness.† (Cohen, pg.xii) In other words, Cohen not only presents the reader with the history of the question, but also the history of the Jews and Christians. Overall, Shayne J. D. CohenRe ad MoreThe Circumcision Of Male Circumcision1445 Words   |  6 Pages It saddens and almost scares me that we have become so desensitized to the thought of male circumcision of newborns. In reality it is a very horrendous unnecessary procedure that is far too over looked. Majority of the world do not participate in the circumcision of male newborns and deem it unnecessary. I believe this barbaric practice should be stopped. Hopefully in the next few decades’ circumcision will ultimately no longer be the decision of parents in the US, unless deemed medically necessaryRead MoreEthics : Discovering Right And Wrong1331 Words   |  6 Pagesanalyze the favor of moral objectivism and the rejection of ethical relativism. According to Pojman, â€Å"Ethical relativism holds that moral rightness and wrongness of actions varies from society to society or individual to individual.† (p.19) That is, what is considered right in one society, might be considered wrong in another so ciety (Diversity thesis). One should not judge because there are no universal moral principles. As a result, this theory avoids ethnocentrism, the belief that one’s cultureRead MoreAnalysis Of Michael Schaap s Mom Why Did You Circumcise Me961 Words   |  4 PagesThe film, Mom, Why Did You Circumcise Me, the narrator, Michael Schaap, explores the conversation of MC (male circumcision) within his community. Schaap initiates the discussion by speaking to the cultural aspects and traditions of why MC may occur as well as the medical implications and the sometimes involuntary occurrences of the practice. Schaap’s clear argument -as it pertains to MC- is stated at the beginning of the film. But before we dig into his perspective, let s understand the types ofRead MoreFemale Genital Mutilation Or Circumcision?1711 Words   |  7 PagesIntroduction What is female genital mutilation or circumcision? According to the World Health Organization, it comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons. (WHO, 2014). It is recognized as violation of human rights for young girls and women. The procedure creates inequality between sexes and to the extreme it is discriminatory against women. There are four types of FMG. TypeRead MoreClitoridectomy in Sudan1698 Words   |  7 Pagesclitoridectomy a way to control women’s sexuality or does the idea of being pure and modest over rule the violation of human rights? In recent colonial history, Sudan was jointly ruled by England and Egypt. In 1946 a British law forbade all forms of female sexual mutilation. This law proved not only ineffectual, but actually caused a political backlash under the leadership of Mahmud Mohammad Taha against colonial control Societies and Circumcision Why do societies permit and promote actions thatRead MoreWho Is The Holy Spirit?861 Words   |  4 PagesJudaism but instead Judaism has died and now we can all get ‘remarried’ to Christianity. He says that there are new laws and you will not know about them until you learn them. It says that the spirit of Christ lives in you. I wonder how one knows if It does or not. In Sunday school the teachers said if you ask then the holy spirit will be in there. As a small child and up into this day I cannot say I feel any different than I did as a child. I do not speck in tongues, I do not have a voice in my headRead MoreEssay on FGM: Female Genital Mutilation Must be Outlawed Worldwide1456 Words   |  6 Pageswoman, no matter what the motive is. Some girls go through FGM procedures at a young age to calm their fathers’ nerves and others undergo the procedures so she won’t stray from her husband. In Egypt, 97 percent of women have undergone a Female Circumcision procedure sometime in their lives while only 82 percent approve of it. An Indonesian study showed that midwives performed from about 68 to 88 percent of all procedures (Skaine 42). Most of the time, girls that receive a Female Circumcision don’t even

Monday, December 23, 2019

Essay on Module 3 Original Assignment - 1473 Words

In recent years, it has become an increasingly popular practice for drug companies to perform their clinical testing of new drugs in foreign countries that might not have the consumer protections or product liability laws present in the United States. Please answer each of the following questions using a theory studied in Module 2 specifically and thoroughly and using examples and facts from the readings and resources. 1. Are drug companies that test experimental drugs in foreign countries acting ethically? Drug companies that test experimental drugs in foreign countries are not acting ethically. Testing of experimental drugs should be done in the host country where the drugs are being manufactured. A major ethical dilemma that is†¦show more content†¦In a way yes, clinical trials could help the medical world and patients, but are the consequences and side effects of these trials worth the risk? In the article stated above, Netto states although clinical trials are supposed to follow specific guidelines, but â€Å"these official guidelines are not binding and enforcement is lax.† This shows that some consequences are not being considered when being acted on. I think the utilitarian would question the idea of are these clinical trials worth potential harm to the people of the society. 2. is American industry at too much risk of lawsuits to remain competitive? Should companies trying to develop drugs be given immunity from lawsuits? No, I do not believe that American industry is at too much risk of lawsuits to remain competitive. Lawsuits are going to present everywhere no matter what the circumstances are. American industry must accept the fact that what they are doing can cause some harm to people of the society and law suits are what is going to come out of it. I do not think though that these drug companies should have immunity from lawsuits. In the article titled â€Å"Supreme Courts Hears Case on Vaccine Lawsuits,† it details how because of some side effects that vaccines have caused certain complications after the vaccine was given. It states that these cases could â€Å"open the floodgates to thousands of lawsuits.† It is the drug companies’Show MoreRelatedModule 3 Original Discussion Assignment V Essay780 Words   |  4 Pagesï » ¿Business Ethics Vernina Ali Module 3 Original Discussion Assignment In recent years, it has become an increasingly popular practice for drug companies to perform their clinical testing of new drugs in foreign countries that might not have the consumer protections or product liability laws present in the United States. Are drug companies that test experimental drugs in foreign countries acting ethically? Drug companies that test experimental drugs in foreign countries are acting unethically. BasedRead MoreInternet Forum and Discussion Board Forums1224 Words   |  5 Pagesworldview and how these relate to counseling. V. Course Requirements and Assignments A. Textbook readings and lecture presentations/notes B. Course Requirements Checklist As the first activity in this course, please read the syllabus and Student Expectations. After reading the syllabus and Student Expectations, the student will then complete the related checklist found in Module/Week 1. C. Group Discussion Board Forums (4) The student willRead Moreapollo 500851 Words   |  4 Pagesthe gospel with people of other faiths. Rationale Scripture tells us, â€Å"But sanctify the Lord God in your hearts, and always be ready to give a defense to everyone who asks you a reason for the hope that is in you, with meekness and fear† 1 Peter 3:15 (NKJV). Through this course, you will be equipped with different methodologies and approaches to apologetics, which will give you a foundation for defense in the face of various worldviews and religions. I. Prerequisites None II. RequiredRead MoreMarketing Assignment710 Words   |  3 PagesGROUP ASSIGNMENT MODULE CODE: MKTG 2003 MODULE NAME: Fundamentals of Marketing COMMENCEMENT DATE: 3 MAY 2016 (Group 1) 4 MAY 2016 (Group 2) SUBMISSION DATE: 14 JUNE 2016 (Group 1) 15 JUNE 2016 (Group 2) Notes to students: 1. This is a group assignment. You should have no more than five (5) members in your group. You are to hand in only ONE copy of the assignment. The length of the assignment should beRead MoreOperations Management937 Words   |  4 PagesSunderland Business School Level: M Module: Operations Management Module Code: PGBM03 Module Leader: Tom Cuthbertson Issue Date: 26th July 2011 Return Date: 16th August 2011 Contribution to Module Assessment 100% This is an individual assignment. Work submitted must adhere to the University policy on Cheating, Collusion and Plagiarism. Introduction If Marketings function is to identify the needs of customers, then it is Operations Management which has the role of providingRead MoreModule 1 Slp . Introduction To Research Methodologies .1219 Words   |  5 PagesModule 1 SLP Introduction to Research Methodologies MAE 504 Research Methods in Education Dr. Wilson Tiaqunia Hayes Your task for the Module 1 SLP assignment is twofold: FIRST, fill in the matrix with information pertaining to the following items: identify the type of research represented by each methodology listed in the matrix (i.e., quantitative, qualitative, or mixed methods) describe the purpose of each research methodology listed in the matrix, provide an example of a research problemRead Morepest analysis of uk retail banks1128 Words   |  5 Pagesï » ¿ Strategic Management Module Handbook Instructor: Adil Tahir Paracha Faculty of Business Administration Department of Management INTRODUCTION This course will introduce students To develop a framework of analysis to enable students to identify central issues and problem in complex, comprehensive case; To suggest alternative course of action; and present well supported recommendations for future action To develop conceptual skills so that studentsRead MoreEssay about Decision Analysis Task 11004 Words   |  5 Pagesdrastic improvement in proficiency from 57.5% up to 92%. To verify my results and determine how the stations should be arranged I used POM for Windows Assembly Line Balancing Module. The results from POM are attached. In summary I recommend that station 1 will have Task A. Station 2 will have Tasks B and C. Station 3 will have Task D. Station for will have Tasks F, E, and G. Station 5 will have Task H. a. A copy of the output from POM is attached as part A. i. I chose this toolRead MoreTeacher Essay examples937 Words   |  4 PagesStatCrunch Assignment 2 First save this file to your computer. Answer each of the following questions, then resave the file along with your answers and turn it in using the assignment link in Module 3, Activity 4. the first four problems are worth 10 points each. Problems 5 and 6 are worth 30 points each. 1. If the original sample is 48, 55, 43, 61, 39, which of the following would not be a possible bootstrap sample? Explain why it wouldn’t be. a) 48, 55, 43, 61, 39 b) 43, 39, 56, 43, 61 Read MorePlan For Purchase Health Insurance1438 Words   |  6 PagesSilver Compass H.S.A. 3600 plan, as it fulfills my healthcare needs the most. This specific plan only has a $500 deductible, full premium, and a $0 copay after the $500 deductible for all of the services I currently use the most. In addition, the original cost for this insurance plan is $151.37 per month; however, the website states that my estimated cost for this plan would be $13.37. Furthermore, for this plan there is no charge after the deductible for office visits to a primary doctor, office

Sunday, December 15, 2019

Law Case Study Wholesome Vegetables Ltd Free Essays

string(65) " into voluntarily and involved ‘a genuine meeting of minds’\." INTRODUCTION A contract has been defined as a legally binding agreement or, in the words of Sir Frederick Pollock: ‘A promise or set of promises which the law will enforce’. However, not all promises or agreements give rise to contracts. According to the case study, Andrew, who works as a salesman at Wholesome Vegetables Ltd, offering to sell Ben 100 bags of potatoes at ? 10 per bag. We will write a custom essay sample on Law Case Study Wholesome Vegetables Ltd or any similar topic only for you Order Now At first Ben accepted Andrew’s offer but when he heard the news about a slump in the price of potatoes which has fallen to ? 7 per bag, he refuses to accept delivery of Andrew’s pricey potatoes. Therefore there are some issues discussed based on this situation. The discussion includes the requirements that must be met for a contract to exist between Andrew and Ben, the legal effect of Andrew’s fax and Ben’s letter and the explanation of Ben’s text message. QUESTION 1 A contract has many definitions, but one of the simplest definitions for a contract is a â€Å"promise enforceable by law† (Michael. H, 2010). The promise may be to do something or to refrain from doing something. The making of a contract requires the mutual assent (agreement) of two or more person, one of them normally making an offer and the other accepting it. If one of the parties (persons) fails to keep his or her promise, the other is entitled to legal recourse against that person. There are seven requirements necessary for a contract to be valid (Riches. S,2009): 1. Agreement The first requisite of any contract is an agreement. At least two parties are required; one of them, the offeror, makes an offer which the other, the offeree, accepts. In this case, Andrew is the offeror and the offeree is Ben. 2. 1 Offer An offer is an expression of willingness to contract made with an intention that it shall become binding on the offeror as soon as it is accepted by the offeree. A genuine offer is different from what is known as an â€Å"invitation to treat†, i. e. where a party is merely inviting offers, which he is then free to accept or reject. The following are examples of invitation to treat: auction, display of goods, advertisements, mere statements of price and tenders. An offer can be terminated by acceptance, rejection, revocation, counter offer, lapse of time, failure of a condition and death. 2. 2 Acceptance Once the presence of a valid offer has been established, the next stage in the information of an agreement is to find an acceptance of that offer. The acceptance must be made while the offer is still open. It must be absolute and unqualified. 2. Consideration The mere fact of agreement alone does not make a contract. Both parties to the contract must provide consideration if they wish to sue on the contract. This means that each side must promise to give or do something for the other. 3. 3 Executory consideration Consideration is called â€Å"executory† where there is an exchange of promises to perform acts in the future, eg a bilateral contract for the supply of goods whereby A promises to deliver goods to B at a future date and B promises to pay on delivery. If A does not deliver them, this is a breach of contract and B can sue. If A delivers the goods his consideration then becomes executed. 3. 4 Executed consideration If one party makes a promise in exchange for an act by the other party, when that act is completed, it is executed consideration, eg in a unilateral contract where A offers ? 50 reward for the return of her lost handbag, if B finds the bag and returns it, B’s consideration is executed. There are some rules governed in consideration. Consideration must not be in the past. If one party voluntarily performs an act, and the other party then makes a promise, the consideration for the promise is said to be in the past. Past consideration is regarded as no consideration at all. Consideration must move from the promise. If A (the promisor) makes a promise to B (the promise), the promise will only be enforceable (unless made in the form of a deed) if B can show that he has provided consideration in return for A’ promise. Consideration must not be illegal. The courts will not entertain an action where the consideration is contrary to a rule of law or is immoral. Consideration must be sufficient but need not be adequate. It must be possible to attach some value to the consideration but there is no requirement for the bargain to be strictly commercial. . Intention The parties must intend the agreement to be legally binding. The nearest the courts can get to discover this intention is to apply an objective test and judge the situation by what was said and done. The law divides agreements into two groups, social ; domestic agreements and business agreements. 4. Form Some contracts are indeed in writ ing but the majority are created much more informally either orally or implied from conduct. Generally, the law does not require complex formalities to be observed to form a contract. Some types of contracts which are exceptions to this rule. They are contracts which must be in the form of a deed, contracts which must be in writing and contracts and contracts which must be evidenced in writing. 5. Capacity Capacity is also one of the requirements for a contract to be valid. The parties must be legally capable of entering into a contract. There are, however, some groups of people who are in need of the law’s protection either because of their age or inability to appreciate their own actions. The groups which are covered bu special rules are those under the age of 18 (minors), mental patients and drunks. . Genuineness of consent The most basic requirement of a contract is the presence of an agreement. It must have been entered into voluntarily and involved ‘a genuine meeting of minds’. You read "Law Case Study Wholesome Vegetables Ltd" in category "Free Case study samples" The agreement may be invalidated by a number of factors which are mistake, misrepresentation, duress and undue influence. 7. Legality The principle of freedom of contract is subject to a basic rule that the courts will not uphold an agreement which is illegal or contrary to public policy. Where the contract involves some kind of moral wrongdoing, it will be illegal. If, however, the conduct is neither immoral nor blameworthy, but simply undesirable, the contract will be void. A court may object to an agreement either because of a rule of common law or because it is contrary to statute. In a nut shell, all the requirements stated above must be met for a contract to exist between Andrew and Ben. Question 2 In the case study given, Andrew’s letter on the 21st February is considered as an offer in the law of contract. An offer is an expression of willingness to contract made with the intention that it shall become binding on the offeror as soon as it is accepted by the offeree. It is clearly stated that its an offer when Andrew wrote a letter to Ben, owner of the retail shop offering to sell him 100 bags of potatoes at 10 per bag. This is also known as a bilateral contract in the law of contract. An example to exemplify this case (Carlil v Carbolic Smoke Ball). Ben’s reply on the 23rd February is acceptance. He replied accepting Andrew’s offer but adding that if he did not hear from Andrew, he would assume that the price included delivery to his (Ben’s) shop. On the 24th February, the acceptance to be considered as an counter-offer introducing the new requirements. If in his reply to an offer, the offeree introduces a new term or varies the terms of the offer, then that reply cannot amount to an acceptance. Instead, the reply is treated as a â€Å"counter offer†, which the original offeror is free to accept or reject. A counter-offer also amounts to a rejection of the original offer which cannot then be subsequently accepted. This can be seen in the case of ( Hyde v Wrench). Based on the case given, on the 24th February, before Ben’s letter arrived. Andrew heard a rumour that the price of potatoes was about to slump dramatically. Andrew immediately sent a fax to Ben, stating that the price includes delivery. This is merely counter offering the previous offer. Therefore, when Ben also heard the news about the slump in the price of potatoes where upon he sent Andrew a text message stating ‘decline your offer of pots’ clearly shows that he varies the terms of the offer and it cannot amount to an acceptance. A counter-offer should be distinguished from a mere request for information. If A makes an offer on his standard document and B accepts on a document containing his conflicting standard terms, a contract will be made on B’s terms if A acts upon B’s communication, example by delivering goods. This situation is known as the â€Å"battle of the forms†. An example to this is the case of (Stevenson v Mc Lean). Wrapping up the case, in the case of Andrew v Ben, it is undoubtedly seen that counter-offer takes place and hence Ben’s is competent to reject the delivery of Andrew’s pricey potatoes. Question 3 On 24 February before 10 a. m, Andrew heard rumors about the price drop in potatoes market. He immediately send a fax to Ben stating that â€Å"price include delivery†. This shows that offeror had sent a fax to offeree just to provide additional service without extra charges. As Ben already accept the offer on 23 February, and the offer is now ? 10 per bag of potatoes including delivery fee with extra service provide. The contract is still accepted by Ben and just added additional services which show in fax â€Å"price include delivery† as additional contract terms confirm that Andrew will provide ? 10 per bag of potatoes including delivery fee. Even if offeree does not want to accept additional terms from offerer, offeree is still in a previous contract position which is accepting the contract. On 24 February after 10 a. m, Ben had receive a fax from Andrew which stated that â€Å"price include delivery†. Ben accepts the offer of Andrew for ? 10 per bag of potatoes includes delivery, and so Ben posted a letter to confirm his acceptance of Andrew terms. When a letter is posted, the acceptance of the contract is consider accepted. According to Postal Acceptance Rules, once the letter is posted, it is consider as acceptance no matter it reached the offeror or not at that time (Duhaime, n. d. ). There is a similar case of Postal Acceptance Rule: Household Fire Insurance Co. V. Grant. During 30 September 1874, Grant had applied for 100 shares from Household Fire and Carriage Accident Insurance Company Ltd. The company had accepted Grant offer and allotted him 100 shares on 20 October 1874 which using letter posted the confirmation to Grant address. However, the letter does not reach Grant address which means Grant did not receive the acceptance letter from Household Fire Insurance Company. Grant though that his offer for 100 shares has not been approved. On March 1877, Grant received a letter demanding payment upon the call of 100 shares. The jury also found that the letter of Grant allotment had been posted on 20 October 1874. For the above case Fire Insurance Co. V. Grant, the court concluded that there was a valid contract base on the Postal Acceptance Rule. Because the rule for post is the acceptance is effective even if the letter did not arrive to the parties. The Postal Acceptance Rule is design to prevent anyone try to opt out of the rule, once someone posted acceptance, the contract had came into effect. This rule can apply to Ben and Andrew case, which Ben posted a letter which confirms the acceptance of the contract terms between Andrew and Ben. Which means once the offeree posted the acceptance letter, the contract is consider bound to the offerer. However, over the lunch time, Ben also heard news about the slump price in potatoes market. Ben immediately sends a text message stating that â€Å"decline your offer of pots† to Andrew. This means that after Ben knew about the slump price in potatoes, he send text message to Andrew to reject his offer. This text message is come secondly after the letter posted. According to Postal Acceptance Rule the counter acceptance or rejection will only be replace if the parties mention it from their contract, required receive by offeror in order to be treat as acceptance (Corrigan, 1997). There is a similar case of replace acceptance â€Å"Entores V. Miles Far East Corp†. Entores and Miles Far East Corp are communicated trade agreements through Telex machine. Entores was base in London and send telex for purchase of copper from company Miles Far East Corp base in Amsterdam. Entores found out that Miles Far East Corp was not fulfilled the contract and sue the Corp for damages. Entores sue Miles Far East Corp for breach of contract in English law jurisdiction. It could prove that the contract was formed within the jurisdiction. The court concluded that, when offer is made by telex or text message, the offeror must receive the acceptance. If the offeror is receiving the telex, it is consider contract is bound. This same goes to the letter of Ben post, even if the letter is not reached Andrew, the contract of acceptance is considered to be bound. The text message send by Ben afterward is decide by Andrew either to be accept or to be reject the rejection from Ben. The contract of Ben and Andrew is still ? 10 per bag of potatoes includes delivery is already accepted by Ben. According to Ben and Andrew case, when the price of potatoes drop to ? 7 per bag, Andrew immediately counter offer to Ben include delivery, Ben accept Andrew terms before knowing the price drop in Potatoes. After that, Ben realise the price drop of potatoes, he reject the offer and refuse to accept delivery of Andrew pricey potatoes. If offeree refuses to accept the delivery of offerer pricey potatoes, offeree will be breaching the contract terms and fall under offer acceptance law case. As the contract of Ben and Andrew is ? 10 per bag of potatoes include delivery which is accepted by Ben. The contract is still active between Ben and Andrew, once the contract is bind between offeror and offeree is not able to revoke. The following rejection by text message from Ben to Andrew is considered as another term of new offer contract which needed Andrew to be accepting. However, Andrew didn’t reply the acceptance of Ben rejection. This means that, Ben have to stick to the first terms of ? 10 per bag of potatoes include delivery. If the case is bring to the court, mostly Andrew will win the case as according to the contract terms, Ben already accept the offer of ? 0 per bag of potatoes include delivery. The offeree (Ben) had accepted the offer at first and the counter rejection of offeree will not be taken in place if the offeror (Andrew) did not want to accept the rejection from offeree. If the offeror (Andrew) did not accept the counter rejection, it consider as Ben accept the offer and need to purchase ? 10 per bag of potatoes include delivery from Andrew for 100 bags . If Ben is still refuse to accept the Andrew offer, Ben will need to pay compensation to Andrew for breach of contract. Question 4 On 21st of February, Andrew is salesman at Wholesome Vegetables Ltd, who offered to sell 100 bags of potatoes at ? 10 to Ben, owner of retail shop. On 23rd of February, Ben replied accepting Andrew’s offer but adding the delivery to his (Ben’s) shop into the price if he did not hear from Andrew. It means the price of potatoes is ? 10 per bag included delivery. On 24th of February, Andrew heard that the price of potatoes is going to fall down dramatically and later Ben is received a fax from Andrew stated that â€Å"price include delivery†. Before 10 a. m, Ben received Andrew’s fax and he accepted the offer of Andrew for ? 0 per bag of potatoes included delivery. After Ben sent a fax to Andrew about his acceptance, both of them already formed a contract of law. The issue appeared in this case when Ben knew about a slump in the price of potatoes over lunch, he sent Andrew a text message â€Å"decline your offer of pots† and he was too late to revoke h is acceptance of Andrew’s term because they already made a contract after 10 a. m on 24th of February. The reason Ben wanted to revoke the contract because the price of potatoes in contract that Ben have to pay for Andrew is more expensive than after a slump in the price. Revocation is effective when it is communicated to the offeree before he or she has accepted the offer (Will and Weinstein, 2010) Revocation is one of termination of contract that has similar situation in this case: Byrne and Leon van Tienhoven [1880]. On 1st of October, Leon Van Tienhoven were defendants located in Cardiff, they sent a letter from their office to Byrne ; Co in New York offering to sell the plaintiffs 1,000 boxes of tin plates. On 11th of October, the plaintiffs immediately telegraphed acceptance of offer after they received the letter and it is confirmed in a letter posted on 15th of October. Meanwhile, on 8th of October, the defendants had written a letter to revoke their offer, and it came to plaintiffs on 20th of October. A binding contract was held, because revocation was only influenced by communication, however, the acceptance was telegraphed took effect as soon as it was sent. In this case, it took 9 days from 11th to 20th of October for plaintiffs to received revocation. On 11th of October, the contract had been made already at that time the second letter form defendants reached the plaintiffs. The contract had been existed in this case when the claimants accepted the defendants’ offer at that date. Lindley J, who was giving judgment for plaintiffs, stated that â€Å"the extreme injustice and inconvenience which other conclusion would produce† (Cheshire, Fifoot ; Furmston’sLaw of contract, 1996). This issue happened because the letter of revocation had no communication to the offeree. According to Introduction to the law of contract, the offer could be revoked by offeror without telling offeree, and the information may be conveyed by a reliable third party. In the case of business, a letter from offeror to offereeon a normal working day should be treated as a communication even if unopened (Cheshirem, Fifoot;Furmston’s Law of contract, 1996). Held: In this particular case, Lindle J had no authority in fact given by the plaintiffs to defendants to inform a withdrawal of their offer by posting the letter, the fact is the letter of the 8th of October is be treated as communicated to the plaintiffs on that day or any day before the 20th. Conclusion In conclusion, Ben has a legal binding contract with Andrew. According to the case of Andrew v Ben, it is noticeably seen that the whole cased is based on the law of contract. A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock:†A promise or set of promises which the law will enforce†. The agreement will create rights and obligations that may be enforced in the courts. It is classified as a contract is deed and it is known as a bilateral contract. This imply where a promise of one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. The elements involved in the contract are agreement, consideration, intention to create legal relation and consent. A contract which possesses all these requirements is said to be valid. The absence of an essential element will render the contract void, voidable or unenforceable. The terms of the contract is Ben accepting 100 bags of potatoes for ? 10 per bag of potatoes including delivery fee from Andrew. If let say offerer (Andrew) accept the rejection of offeree (Ben) text message, the acceptance contract will be terminated. However, if offerer (Andrew) still deciding to supply the stock of potatoes to offeree (Ben), Ben would have to purchase the 100 bags of potatoes with ? 10 per bag of potatoes including delivery fee. On the other hand, if offeree (Ben) refuses to accept the 100 bags of potatoes with ? 0 per bag including delivery, offerer (Andrew) can sue offeree (Ben) for breach of contract. The probability of claimant (Andrew) could win the case is high as defendant (Ben) has proven accept the acceptance contract terms. In our opinion, this case study is related to offer and acceptance rules. The oferee (Ben) should accept the 100 bags of potatoes for ? 10 per bag of potatoes including delivery fee as offerer (Andrew) has an evidence of acceptance co ntract binding between Ben and Andrew. How to cite Law Case Study Wholesome Vegetables Ltd, Free Case study samples

Saturday, December 7, 2019

Engage in Personal Development in Children and Young People’s Settings free essay sample

Engage in personal development in children and young people’s settings Being a Nursery worker involves a lot of hard work and dedication. We have many roles and responsibilities to follow to help provide a safe and careering environment for the children. They are as followed: * Welcoming the children and liaising with parents * Providing a safe and caring environment by doing safety checks, risk assessments * Weekly planning which is taken from a midterm plan to meet each child’s needs * Observations, Key-persons plans, 5 minute observations which all link with the plan to help each child’s development individually. Talking to and interacting with the children to stimulate their development * Providing meals and snacks and assisting them to eat, and also encouraging personal hygiene * Completing paperwork, children’s files and keeping records (storing them away safely) * Maintain the cleanliness amp; hygiene of the rooms, toilet facilities and toys (sterilizing weekly) * Working and communicating closely with other staff at the nursery showing good team work. We will write a custom essay sample on Engage in Personal Development in Children and Young People’s Settings or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page All staff are required to follow policies and procedures to make sure we comply with the various standards which help us provide the right care for the children. In our nursery we follow the Early Years Foundation Stage (EYFS). We use this to help when recording children observations in their own personal folders, we also use this to monitor how the child’s development is progressing and whether they are on target for their age group or if they may need support in certain areas, we also use the EYFS to help when doing midterm plans and weekly plans. All childcare providers caring for children from birth to 5 must register with Ofsted on the Early Years Register (EYR). All providers on this register must deliver the Early Years Foundation Stage (EYFS), which sets the standards for early learning, development and care. We are also expected to support children with learning or behavior disabilities and support children who are bilingual. Reflecting on our practices enables us to recognise where we are doing well and areas where improvement may be needed. This is important as it ensures we are performing to our best ability and also to ensure that we are meeting all standards and expectations within the nursery’s policies and procedures. We must reflect on our practices because every child is different, they have different needs, expectations and interests. When looking back over the week, staff can discuss where they feel there is room for improvement and this can help each child reach his/her maximum potential and goals. It also helps staff improve their practices as they update their knowledge and skills, they can do this by attending different training courses, talking with parents/carers and other colleagues. In our setting we demonstrate many ways of reflective practice. Once the weekly plan is done each day we closely observe the children to see the areas they did and didn’t enjoy, we do this by writing observations, observing a child for at least 5 minutes. At the end of the day staff are expected to evaluate the day and speak about things they felt could have been done better such as the layout of the room or how staff did a certain activity, all these things help improve staffs abilities. Weekly learning intentions are also set; staff should look back and discuss whether they felt the learning intentions were met. Staff can * question why things are done * be ready to look at ideas and then adapt them in work contrasting ways * observe and learn from the children * Be aware of and focus on issues. All these things can help a setting progress in many ways and help the development of the children. Having our own values, belief systems and experiences can affect our working practices. Everybody was brought up differently and follow different religions. This can show in the way staffs do daily things such as meal times, settling in and dealing with the children’s behaviour. If a person is brought up in a loving and affectionate environment its more likely that, that person is going to be the same way towards other, where as if a person was neglected as a child and not shown much affection they as a person may find it hard to show the feelings and be a caring person. Peoples religions may affect the way they behave in a work environment for example Muslim people do not eat pork so this may mean Muslim staff may not be able to serve children pork as it is against their religion. This is where staff work together to help each other out. If you have only worked in one child care setting you may not have a lot of experience and only know one way of working with children, this is why it is good to visit other settings to see different approaches and speak with different practitioners this helps us to avoid being narrow minded.