A promise made to you will not necessarily be enforceable

A promise made to you will not necessarily be enforceable Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . A promise made to you will not necessarily be enforceable Consideration means that a promise made to you will not necessarily be enforceable in the courts unless you can establish that you have  given something  for it. Suppose I promise to deliver a ton of gravel to you next week – you get your shovel and barrow ready, and I don’t turn up. I probably would not be liable to you in damages, because you haven’t given anything in return, and merely getting your barrow ready would not be sufficient reliance to make it enforceable. However, if at the time of making the arrangement, you said that you would pay me $10 per ton for the gravel that would be sufficient consideration.  A promise to pay  is sufficient to count as  giving something, even though the promise is not to be put into effect for some time yet.’’ What is Constitute Consideration? Consideration is one of the three essential elements of a valid contract. A promise is made withou t consideration; it does not constitute a valid contract and cannot be enforced in law. Only the contract that has valuable consideration is a valid contract. In a common promise unconfirmed by consideration is not a binding contract. A promise is give without consideration but is intended by the parties to affect an existing contract between them which has been acted upon by one party, and then such promise may be used as a defence by the party to enforce the existing contract. Valuable consideration has been defined as some right, interest, profit or benefit accuring to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other at his request. Consideration may be executed or executor, but it may not be past, it need not be adequate, but it must be of some value; and it must move from the promise. In the case of Thomas v Thomas (1842) 114 ER 330, QB, the court held that even though the payment of  £1 a year towards the ground-ven t was a very small sum, it was a valuable consideration and enough to complete the contract. Consideration must be clearly associated with the promise, and past consideration is generally unacceptable. In the case of Re McArdle (1951) 1 All ER 905, CA, the occupants of a house carried out various repairs and improvement, and after the work was complete the beneficial owners of the house promise to pay for this work. They did not pay and the occupants sued. The court of an application held that the consideration for the promise was past and there was no contract. In another way, the occupants failed in the suit because the beneficial owners of the house made the promise after the work was complete. In another case Lampleigh v Braithwait (1615) 80 ER 255, Common Bench said that D asked P to get him a royal pardom. P successful in obtaining to pay him  £100. The majority of breach held that where D makes a request that P does his same service is performed, D promises to pay for it th e promise and the request go together and there is a binding contract. However, the performance of an existing duty cannot constitute consideration. In the case of Collins v Godefroy (1831) 109 ER 1040, KB, D’s subpoena P as a spectator. In court and promise to pay him some fee for his time. D did not pay, in the court held that since the subpoena compulsory a legal duty on P to appear at court, this cannot constitute consideration.

Cancer and what if cancer is cured Term Paper Example | Topics and Well Written Essays - 2250 words

Cancer and what if cancer is cured - Term Paper Example The uncontrollable growth of cells results in formation of malignant tumors. The cells divide and grow fast to invade surrounding body parts as the growth enlarges and expands. Some cancerous growths spread to other very distant places on the body through the blood stream or the lymphatic system. It is worth noting that not all tumors and growths on the body are cancerous. Benign tumors for instance do not spread all over the body or invade body tissues near them. As of today, there are about 200 known types of cancerous infections that inflict human beings. The cancerous growths are often very harmful to and affect the normal functioning of the human body. After a cancer infection, one’s body loses control over the growth of the cells which begin to divide and split and enlarge. Healthy and normal body cells often split and divide from time to time as they create other healthy cells in the body. This process however has been used to facilitate the growth and spread of cancero us cells once one becomes infected. The cancerous cells divide and recreate themselves as they make other copies of themselves leading to more cancerous cells. The process goes on as the tumors enlarge and expand to the nearby parts. These cancerous growths usually make the victim uncomfortable and in some cancers, it is usually very painful. Metastasis is a process that enables cancerous cells to spread to other body tissues. Metastasis involves cancerous cells moving through the blood stream of the lymphatic system. This process of spreading cancer cells to other body parts is often referred to as metastasizing. In developed countries, cancer has been recognized as the biggest cause of death. In some cases it has been compared to HIV/AIDS in developing countries especially in the early 90’s. It has become one of the most researched diseases in the world today with most studies focusing on prevention and cure, as well as early detection among other aspects of the dreaded dis ease. Cancer can affect anyone irrespective of their age. A majority of the cancer infections however mostly affect people as they tend to grow older (Kinzler & Vogelstein, 2002). The reason for this is that as an individual grows older, their DNA gets old too. This results in the DNA being damaged, or any other damage that may have happened before may get worsen the situation as one grows older. There are also other types of cancer that are more common among young people than the old. Testicular cancer, also known as cancer of the testicles, for instance is more common among young males than among older men. Cancer is caused by a wide range of complex and diverse issues, most of them have only been understood partially with studies going on to determine the specific causes. The few universally acknowledged causal agents of cancer include exposure to radiation, obesity, tobacco, environmental pollutions, other dietary factors and lack of adequate physical activity. All these factors damage body genes leading to development of cancerous cells. They can also combine with other factors in the body to damage genes and cause cancer to victims through mutations on various body parts that will spread to other parts throughout the development of the disease. About 5-10% of cancer infections occur as inherited genetic defects from cancerous infections that run down through

Emerging Market-The Challenges And Opportunities Investing In China Essay

Emerging Market-The Challenges And Opportunities Investing In China - Essay Example It is evident that the emerging markets have flexed their muscles in the global arena, and their effect is expected to increase the more. Companies that have invested in these markets have enjoyed and are continuing to enjoy revenues that emanate from these transactions. China is among the emerging markets that has contributed a great mile to the spending of a huge clientele-base, and that has also attracted numerous multi-national companies (MNCs). With the country expected to dominate the global market by the year 2030, challenges are also not devoid from these transactions. This essay shall attempt to discuss the concept of ‘emerging markets’ using the case study of China. Additionally the essay shall keenly analyze the opportunities and threats facing the investors that are likely to invest in this emerging market. 2.0. Body 2.1. Definition of ‘emerging market’ In the thought of Beridze (2008), emerging markets refer to the nations that have actively bee n involved in business activities that have seen their fast growth as well as a huge development in the industrialization process. Among these countries that are termed to be emerging range from Brazil to China. As seen in the research conducted by Palepu & Khanna (2010), China has retained her position as the third in the list of the emerging markets. ... A good example is China that is export-driven with strong capital inflows and investments from well-capitalized banking institutions. Jain (2006) indicates that the markets are expected to stabilize by the day. Additionally, the growth of the world’s economy is expected to emanate from the emerging markets, and 70% of the growth is anticipated according to the economists (Kvint, 2009). Despite the varying interpretations of the term, the fact about the entire aspect is that emerging markets have been instrumental in recording an increase in the capital share in the world economy, and that their GDP is on the increase. As seen in figure 1, China may be defined as an emerging market as emerging markets are ones that are undergoing transformations from third world countries to developed countries, whilst their markets are now reduced to free markets from the state dominated ones (Enderwick, 2012). On another viewpoint, Mody (2004) says that emerging markets are slowly freeing up both internally and externally, due to the processes of economic reforms, that need to incorporate the rapid economic growth. It is evident that the country has opted to increase their role in the market, and minimize the chances that the government will have avenues to control the planning of the market. Pragmatic ideologies have in this case taken the day in the case of China’s economy. Its emergence cannot be alienated from the fact that the country has shed more energy in perfecting its contribution in the manufacturing industry as opposed to other countries that have opted to focus on the service industry whilst others in the agricultural sector. Figure 1: Real GDP growth (%) in the BRIC and US economies Source: IMF, World Economic Outlook (International Monetary

BRAZILIAN CINEMA LAT AM 380 FINAL TAKE-HOME II Essay

BRAZILIAN CINEMA LAT AM 380 FINAL TAKE-HOME II - Essay Example Brazilian cinema prospect captured different livelihoods, beliefs and lifestyles of different groups of people, those that lived in cities or towns and those that lived in marginal areas with unfavorable conditions like the semi-arid areas where the early Portuguese first settled commonly referred to as sà ©rtao in Portuguese. Several influential renowned cinema film directors like Nelson Pereira dos Santos, Glauber Rocha, Andrucha Waddington, Jorge Furtado, Joà £o Tikomiroff, and Carlos Diegues Walter Salles amongst many others took the center stage in making these films with deeply embedded and well played out themes or motifs that clearly communicated message of importance. It is due to collective effort of these film productions developments in the 60s and 70s that led to the rise of a pro-modern movement â€Å"cinema novo†, new cinema (Rodriguez 109). that was very influential in addressing issues to do with social equality and intellectualism in Brazil as opposed to th e traditional cinema technique that were ineffective. The major themes captured by these films as portrayed in the two main settings, rural and urban, are the power in the Brazilian political landscape, religion and Brazilian popular culture. In the Brazilian context, power is closely associated with corruption in governments. The corruption in turn has led to socio-political and economical oppression to its citizens making the poor or the peasants much poorer while making the rich much wealthy creating a very big power gap between the two (Xavier 86). Power when misused is normally associated with the might or tyranny, and greed in any given society which are easily visible in the Brazilian societal and governmental structure where the rich oppress the poor because of the difference classes created and the powers that come attached. Power

Organisation Behaviour Essay Example | Topics and Well Written Essays - 2500 words

Organisation Behaviour - Essay Example It has an international division, the Joint Commission International (JCI), which works with health care organizations in over 80 countries worldwide since 1994 (Joint Commission Resources Inc., 2009). These include hospitals, ambulatory care facilities, clinical laboratories, care continuum services, medical transport organizations, and primary care services, as well as certification for disease or condition specific care (Joint Commission Website, 2011). Being accredited and certified by the Joint Commission is recognized as a symbol of the highest quality that reflects on a health care organization’s commitment to meeting the most discriminating performance standards. The Joint Commission’s mission is to â€Å"continuously improve the safety and quality of care provided to the public through the provision of health care accreditation and related services that support performance improvement in health care organizations† (Joint Commission website, 2011). The Jo int Commission provides the premium standards that health care institutions must comply with to ensure that patients are provided the utmost quality of care they deserve. Upon successfully passing the accreditation requirements, the health care organization earns the symbol of quality that reflects the organization’s commitment to excellence – the Joint Commission’s Gold Seal of Approval. ... It has been established to seek patient safety solutions (Joint Commission Resources, Inc., 2009). Metaphorical Analysis of Joint Commission Morgan (1997a) has conceptualized a way to analyse organizations with metaphors. This concept is aligned with the theories of Lakoff & Johnson (1980) as they explain: In all aspects of life ... we define our reality in terms of metaphors and then proceed to act on the basis of the metaphors. We draw inferences, set goals, make commitments, and execute plans, all on the basis of how we in part structure our experience, consciously and unconsciously, by means of metaphor (p. 158). The metaphors Morgan has chosen are machines, organisms, brains, cultures, political systems, psychic prisons, flux and transformation and instruments of domination. According to him, multiple perspectives are produced when organizations are analysed using more than one metaphor since a single metaphor will not be able to provide a holistic picture of the organization. F or this essay, the writer has selected machines and organisms to analyse the organization of the Joint Commission. The functions of the organization are very much likened to a machine’s in terms of â€Å"input- output† of performance and the standards used to measure its efficiency. The organism is also chosen to analyse the Joint Commission, being an organization dedicated to the respect and preservation of life. Morgan has used the metaphor of machines to describe organizations that are designed to achieve specific purposes using a standardized method. The metaphor of organisms is used by Morgan to describe organizations as living organisms that strive to adapt and survive in an environment that constantly

Factors that Affect the Demand and Supply of Cars Essay

Factors that Affect the Demand and Supply of Cars - Essay Example This paper will look at factors that change the supply and demand of cars, possible substitutes that could be used in place of a car, goods that complement cars, and also how cars affect price elasticity. These days, cars are produced in the cheapest places possible. This could be anywhere on earth, but is usually in a country where the labor is cheap and the technological knowhow is in place. The production of cars can change due to a number of factors. One of these is natural disasters. In flood-prone countries that produce cars, such as Thailand, any environmental catastrophe can cause car factories to shut down for an extended period. Apart from affecting the local workers, the price of car can also increase in a country such as America. Because production ceases, the supply of cars also decreases. This inevitably forces the prices of cars up because car companies need to reach a certain level of profit to function as a business. Another factor that could alter the supply of cars is technology. If new technology was discovered that allowed the production of more cars for less, the supply of cars would increase dramatically. This would have the opposite effect of an environmental disaster; the price of a car would fall due to there being an oversupply of cars on the market. In terms of factors that could cause changes in demand, an economic recession would be the most obvious one. The current recession that is affecting the world has reduced demand for cars, although not by much. This is because cars are an essential item for most people, so they have to choice but to continue to purchase cars. Conversely, a rise in people’s incomes would cause the demand for cars to increase. This is because the average consumer would have extra money in their pockets, resulting in more cars being purchased. Because cars are an essential part of our society, there is a very limited supply of substitutes available. The substitution effect states that demand is not rel ated to any shift in income (Krugman and Obstfeld 89). This is unlike the income effect, which states that there is only a shift in demand when there is an increase or decrease in income. Because of the competitive market, there will always be substitute products available. For cars, one substitute may be a form of public transport such as a train or bus. This is more likely to occur during hard economic times because people would not be able to afford to drive a car. Because of this, the most likely option to turn to is the public transport system because it is cheaper than running a car. Thus, there would be increased demand for public transport. This makes sense because whenever there is a decrease in the demand for a product, there is generally an increase in demand for a substitute product. Another substitute that is comparable to public transport is a motorcycle. This is cheaper to run than a car, but can be less expensive than a train or bus. One of the downsides to a motorbi ke is that there is no cover when it rains. However, for those people who cannot afford a car, a motorbike is a realistic option. Just as in public transport, whenever there is a decrease in demand for cars, there will be an increase in demand for motorbikes. Whenever there is a change in the demand or supply for cars, there is a corresponding in the prices of compliments. One product that is a compliment of cars is tires. Because tires are an essential part of any car, their importance is linked with the performance of cars. When there

Macroindividual Essay Example for Free

Macroindividual Essay I need to explain the uses, problem and critically examine the uses or problems with real life examples. Question 1 Briefly explain the uses of National Income Statistics. Comparison over Time According to Vengedasalam D. and Madhavan K. (2010), national income able to state the economy’s performance whether is progressing, stagnating or deteriorating on yearly basis from national income figures. For example like Singapore, their national income has improved steadily over the years which indicate that the country have a stable economy and high in productivity. As for economies in countries such as India, China, and Bangladesh are stagnating and should take action to increase their growth and development. However countries such as Vietnam, Cambodia, and some African countries have deteriorated in terms of economic performance. Comparisons between Countries Ali H. (1999) stated that we can differentiate the development and developing countries through national income. According to an international organization, OECD (Organization Economic Cooperation and Development) statistic, Singapore was the 13th richest country in the world. OECD is to tackle the country performance to estimate the country is developed or still developing. Countries such as Ethiopia, Myanmar, Bangladesh and most of the Asian states are the poorer nations. Measurement the Standard of Living According to Vengedasalam D. and Madhavan K. (2010), nationwide earnings information able to help us evaluate the quality lifestyle of individuals in different nations and the individuals residing in the same nations at different times. There is a correlation between national income and standard of living because when income is high, standards of living is high; when income is low, standards of living is low. For example countries such as United States, United Kingdom, Canada, and Australia have high national income and also high standards of living. However, as for the countries such as Ethiopia and Myanmar have low national income leads to low standards of living. Balance of Payment Ali H. (1999) stated that stability of transaction can be determine as the complete of expenses and invoices that a nation generates as result of transfer and trade worldwide with other nations. We can approximately calculate whether the nation will face lack or excess balance of transaction through the nationwide earnings data. There will be an output of forex from the nation and this will lead to disequilibrium in the complete amount of transaction if earnings paid overseas are far greater than earnings obtained overseas. National Planning According to Vengedasalam D. and Madhavan K. (2010), national planning also knows as planning of each of the countries which based on the national income statistic, the government will formulate its short term and long term economic planning. In this case, Karl E. Case and Ray C. Fair (2003) stated on the basis of present economic performance, the government will have to forecast future developments. This which if income increase, plans for the future will increase; same goes to if income decrease, plans for the future will decrease. This also important and why all the countries have to collate data on national income. Question 2 Discuss the problems involved in calculating the GNP per capita of an economy. Underground Economy OSullivan A. , Sheffrin S. M. , and Perez S. J. (2012) stated that one of the significant problems from measured GDP is so-called underground economy where transactions are not reported to official authorities. According to Lipsey (1998), some transactions are perfectly legal, but for the people do not report their income that they have generated it is because they wanted to avoid paying taxes. For example plumber who repairs pipes leakages in the toilet and only receive payment by cash which is to avoid taxes and these transactions are not recorded so they are excluded from GDP. According to Tucker I. B. (2008), some transaction such as illegal gambling, illegal drugs, illegal guns prostitution, and loan-shark are goods and services that meets every requirement for GDP but GDP does not include unreported criminals activities. Nonmarket Activities According to Lipsey (1998), dealings that do not take position in the structured industry are also being disregards by GDP. For illustrations like solutions that individuals do for themselves in their own houses because these solutions are not moved through markets; this is so GDP statisticians cannot evaluate them. Tucker I. B. (2008) stated nonmarket activities that are not transferred though the markets such as homemaker production, do-it-yourself activities, childcare services, and voluntary work. Problem of Illiteracy Vengedasalam D. and Madhavan K. 2010) stated that problem of illiteracy most happen in third world countries like Bangladesh, Indonesia, Myanmar, India, and many African nations which the people there do not know how to keep accounts of their productive activities. With this problem of illiteracy, the governments of these countries will have difficulties in getting information such as estimated value of home produced product. For example people there do not have knowledge on marketing and finance which makes them do not know the value of product they are selling. Problems of Expertise According to Vengedasalam D. nd Madhavan K. (2010), one of the major problems of developing countries is shortage of professionals. In order to measure the national income accurately, we need the professional services such as statisticians, analysts, programmers, researchers. With these professionals in the developing countries will be able to present the national income data accurately with less technical and human errors. For example if the country do not have programmer, they need to record the national income data in papers and there will be more human errors. Lack of Sophisticated Machinery Vengedasalam D. and Madhavan K. (2010) stated that technical aspect is as important as human factor. Technical aspect such as having sophisticated machinery is needed to compute data and information. For example, problems that developing countries like Indonesia and Peru are facing the problem of technical experts and technical equipment. There countries need this latest and advance machinery to compute massive volume of data. In the end, data that collected on national income need to be analyzed using sophisticated machinery regardless of which method is used. Question 3 Explain with examples whether you support its use as a measure of quality of life in a country. No, I do not support its uses as an evaluation of total well-being in a nation. The factors as follows: Problem of Illiteracy Third world countries like Bangladesh, Indonesia, Myanmar, India, and many African nation facing this problems in which the people there do not know how to keep accounts of their productive activities. For example, Memon G. R. (2007) stated Pakistan has one of the smallest expenses of details on the globe, and the smallest among nations of relative resources and public or financial conditions. With a per close relatives earnings of over $450 Pakistan has an older details amount of 49%, while both Vietnam and Local Indian native with less per close relatives earnings have details expenses of 94% and 52%, respectively (Human Development Middle, 1998). Knowledge is greater in places and in the areas of Sindh and Punjab, among the greater earnings group, and in men. Nonmarket Activities According to Shaheen S. , Sial M. H. , Awan M. S. (2011), womans option about contribution in work market is of crucial importance in determining living standard, dependency stress and saving design in homes. Women signify about half of the people in this country in Pakistan. But in Pakistan mostly females execute happens in non-market activities in the home or the informal market. In recent past women contribution in modern market activities has been increasing. Factors determining the profession of women are extremely complex. At the individual level females option to execute is topic to such factors as the availability to projects, knowledge level and skills. Underground Economy One of the problems from measured GDP is so-called underground economy where transactions are not reported to official authorities. According to Schneider F. and Enste D. H. (2000), the results from eight nations in African-american are revealed, among these, Nigeria and The red sea have the biggest subterranean financial systems with 76 % and 68 % of GDP; Mauritius has the tiniest subterranean economic system with 20 %. Implementing the forex requirement strategy, Tanzania had a subterranean economic system of 31 % (of GDP) in 1989–90, and Southern African-american, 9 % in 1989 to 1990. The position of the size the subterranean financial systems for the Africa nations is reinforced by identical results and historical proof from Pozo (1996); Lawrence Chickering and Muhamed Salahdine (1991); and Lubell (1991). Conclusion I have explained the uses and problems. I have also examined the problems with real life examples.