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Role of Mistake in English Contract Law Term Paper

… Role of Mistake in English Contract Law and German Contract Law

INTRODUCTION verbal contract isn't worth the paper it is written on." - Samuel Goldwyn (1882-1974)

In They Never Said it, Paul F. Boller, Jr. And John George explain the Goldwyn's actual words are reportedly, "His verbal contract is worth more than the paper it's written on." Goldwyn was referring to Joseph M. Schenck, a movie executive regarded to be completely trustworthy. The introductory "misquote" when compared and contrasted to Goldwyns' actual words has been attributed to be one of a number of Goldwynisms his own staff created. This research paper, although not directly nor remotely related to Goldwyn, examines the concept of mistake, as it compares and contrasts the role of mistake in English…. [read more]


Contract Is a Legally Enforceable Essay

… In most cases, the parties would not be before the court if they were so agreeable. The likelihood is strong that the parties' positions will be acrimonious and that there will be considerable disagreement, thus, an exhaustive investigation as to the intent of the parties becomes vitally important. What essentially occurs under such circumstances is that the court is forced into a situation where strict legal standards are abandoned and the court must return to making decisions based upon an equitable basis (Air Great Lakes Pty Ltd. v. KS Easter (Holdings) Pty Ltd., 1989). The Court's role at this point is to examine the surrounding circumstances under which the parties' agreement was formalized, review their intent, and rule accordingly.

Although intent is not necessarily a…. [read more]


Gilbert's Summaries Contracts the Law Essay

… Gilbert's Summaries

Contracts

The law of contracts represents society's attempt to formalize promises between parties. Promises are agreements between parties that are supported by consideration. Historically, consideration was described as a benefit received by one promisor or as detriment incurred by the opposing promisor. Modern legal theorists, however, describe consideration as being equivalent to a bargain, that is, an exchange of promises where each party views what he is giving as the price for what he gets. There are some limitations on this approach so other legal experts view consideration as anything that makes a promise or contract enforceable.

Promises or consideration take on various forms. There are promises that are mutual, promises that are unilateral, and promises that are subject to further conditions. Regardless…. [read more]


Penalty Law / Civil Essay

… As a result of this objective, KOC, KNPC, and PIC are now owned by the State completely. Finally, by virtue of the law that was devised in the year 1980, KPC was established, and all of the companies were made a part of KPC.

At this point, it is important for us to bring into limelight the aspects of the Kuwaiti law that is particularly relevant to the investment of oil, inside as well as outside the country. A contract is defined as an agreement that creates obligations that are then enforced by law. The fundamental aspects of a contract are consideration, mutual assent, legality, and capacity. In some countries, the aspects of consideration can be fulfilled by a substitute that is reasonably valid. The…. [read more]


Defense Witness Immunity Thesis

… Defense Witness Immunity

The Supreme court in Brady v. Maryland 373 U.S. 83 (1963) has settled any controversy regarding the prosecutor's duty to disclose exculpatory evidence. However, in 1970 Congress delegated the Executive branch; more specifically prosecutor's trying a case, the task of granting or withholding witness immunity and therefore, for all intents and purposes, deciding what evidence will be admitted and what evidence will not. The sixth amendment provides that the accused "shall enjoy the right...to be confronted with the witnesses against him" and "...to have compulsory process for obtaining witnesses in his favor..." Yet many federal courts have since held the Immunity Act of 1970 in view that there is no authority placed with the judiciary to grant immunity to a defense witness…. [read more]


English Right of Set-Off Term Paper

… And, according to the Court of Appeals, claims that are merely contingent at the relevant date, but are not "due" are not employed in a set-off.

The right of combination differs from the right of set-off because, unlike set-off which assumes independent obligations between parties, combination allows full balancing of all liabilities. Unless there is an express or implied agreement to keep accounts separate, even accounts that are different in nature have been considered to be automatically combined in determining the final balance upon insolvency. The cases do not seem to offer a perfectly predictable rule, but generally there is an implied agreement that a loan account in debit and a current account in credit should be treated as separate. Unlike the right of set-off,…. [read more]


Janice How an Act Essay

… To pay her for the consignment of cakes, Janice will have to ensure that there was an actually a valid contract between Croft Cakes and her. Without a valid contract between the two parties, Croft Cakes would not have any legal obligation to pay Janice. A valid contract requires the presence of an offer, acceptance and consideration.

Offer

An offer is a promise that, according to its terms, is contingent upon a particular act, forbearance, or promise given in exchange for the original promise or the performance thereof; a demonstration of the willingness of a party to enter into a bargain, made in such a way that another individual is justified in understanding that his or her assent to the bargain is invited and that…. [read more]


Outsourcing Process Analysis Outsourcing Weapons Essay

… With a price tag attached, information is much more digestible. This price tag specifically will translate into the difference what it costs the government of WA to have a police officer process paperwork per hour as opposed to what it will cost to have an outsourced clerk processing paperwork. Minimally, a typical Australian police office at the beginning of his or her career makes $47,778 per year or $24.88 per hour (Salary for Police or Patrol Officer Jobs 2011). This does factor in overtime. The typical secretary's pay in 2007 was $14.50 per hour to start (How much Is paid in Australia 2007). In addition, more economy can be had if clerical services would be out-sourced to a foreign country such as India. In this…. [read more]


Outsourcing of Government Functions a US Study Term Paper

… Government Outsourcing

The Outsourcing of Government Functions: a U.S. Study

Outsourcing of government functions is one of the most highly controversial practices of the 21st century. There are several prevailing positions regarding the outsourcing of government contracts to private companies. Valid arguments exist for increasing government outsourcing and for limiting future outsourcing as well. Regardless of which side one happens to be one, once thing is certain, outsourcing is a trend that is likely to continue in the future, particularly in the face of the global economy and advances in communication that make it easier than it was in the past.

By March of 2007, the number of government contractors rose to 7.5 million, which is currently four times the size of the federal workforce…. [read more]


Austen, Eliot, Besant, Browning: 19Th Century Views of Marriage and Property Essay

… ¶ … Marriage in 19th c English lit

To a certain extent, England owes its national identity in the modern period to issues of marriage: it was over marriage policy that Henry VIII would break with Rome and establish his own church in the sixteenth century, and the Church of England's denial of sacramental status to marriage led to a large-scale literary attempt (whose results are evident in works as disparate as Spenser's "Epithalamion" to Shakespeare's "Much Ado About Nothing") to find a cultural meaning for marriage when the religious meaning had been radically redefined. By the nineteenth century, however, the religious debate over marriage had largely been subsumed by a legal one (with extensive parliamentary wrangling over the status of married women's property rights,…. [read more]


Plays of British Dramatist, Pam Gems Dissertation

… Edith once engages two marines she meets in a pub in a menage a trois; it is possible, that the bartender formed the fourth of this group. There is no indication that Edith is particularly gifted in the art of making love. She just makes her self available as a willing sexual partner. Except with Marcel Cedran, the married boxer, Edith manages to dissociate physical pleasure from any emotional foundations. With Marcel, Edith is truly in love. But this union is not to be. Anecdotes abound, that Edith's jealous sister informs Marcel's wife of her husband's "philandering." Edith's sexual proclivities and escapades are not a manifestation of her femaleness. Her sexual nature transcends gender. It is a flaw in most superstars. In Edith's case, particularly,…. [read more]


Water Legislation Origins of Environmental Law Dissertation

… Water Legislation

Origins of Environmental Law in Canada and the United Kingdom

Humans have been stewards of the earth since at least the era in which they settled down into semi-permanent and then permanent farms. This does not, of course, mean that our species has been always provided good stewardship of the earth; rather it is the case that when humans ceased to be nomadic and connected themselves to a specific place, they began to make the connection between their own activities and the condition of the land around them. It was also at this point in human history that humans began to be aware of the issues surrounding their collective use of water. As soon as humans became settled and began to cultivate crops,…. [read more]


Mara Salvatrucha and 18th Street Gangs: Threat to National Security? Thesis

… ¶ … predominantly Latino Gangs, Mara Salvatrucha (aka MS-13), and the 18th Street Gang operating on the streets of communities across America. This study is significant because it will provide a snapshot in time concerning how these violent gangs operate in this country in ways that can inform and alert both civilian society and government agencies concerning optimal responses to the problem created by these gangs. Through a quantitative and qualitative analysis of documentary evidence and governmental statistics about the Mara Salvatrucha and 18th Street Gang, this study developed several conclusive findings on the negative effects of these groups in the United States. The Mara Salvatrucha and 18th Street Gang are becoming transnational criminal organizations given the fact that they originated in Central America and…. [read more]


Locke's Theory of Punishment John Term Paper

… Hence his theory of punishment somehow appears as a confused amalgamate of both the opinions and point-of-views, which cannot be followed at the same time. However in my own opinion, if we only consider his point about the implication of political powers by a legitimate civil government, then it will be most appropriate to think of a single authority with one constitution as a decider about the validity and intensity of the crime and so as the punishment to be awarded. I do not consider his views of the state of nature appropriate in accordance with the legal system as humans are biased and cannot take impartial decisions. Take the example of third world countries like Pakistan where in remote areas, there is no law…. [read more]


Purchase of Real Estate by Judicial Sale in Germany Term Paper

… Purchase of Real Estate by Judicial Sale in Germany

Real estate is the one most frequently mentioned areas of law that has the greatest divergence between jurisdictions today. For example, under Germany's Civil Code, certain aspects of real estate are governed by other laws, e.g. The proceedings regarding registration in the land register by the land register regulation, and regarding judicial foreclosure in the Act on Judicial Foreclosure. Real estate may also be owned by individuals as well as legal entities, including local authorities and foreign companies. The adjudication of legal disputes over property restitution depends on the precise location in united Germany where the dispute took place, when it first occurred, and the current state of the law as interpreted by German federal courts.…. [read more]


No-Fault Compensation in UK Medical Malpractice Thesis

… 2 The survey tried to quantify the frequency and/or severity of adverse effects through a population sampling experienced as a result of their medical treatment. The respondent sample consisted of 3638 men and 4568 women, or a total population of 8,206.



395, or 4.8% (4.8 in every 100) patients felt that they had suffered some illness, injury or impairment, which directly resulted from their medical treatment or care. This figure is slightly higher than the estimates derived using the methodology from the Harvard Medical Malpractice Study, which estimated that 3.7 in every 100 patients suffered "adverse effect." The report noted that the proportion responding "positively declined with increasing age and was inversely associated with social grade." Further, the report stated, "there was…. [read more]


Foreign Investment in Saudi Arabia Term Paper

… ¶ … percent of the world's proven oil and gas reserves, the Saudi Arabian government has embarked on an aggressive initiative to diversify the country's economy and provide new employment opportunities for young Saudi nationals entering the job market. As part of this initiative, Saudi Arabia has implemented a number of pro-business foreign direct investment laws that are helping achieve this diversification. The purpose of this study was (a) to determine how the government of Saudi Arabia currently regulates foreign investment; (b) to identify the controlling laws that govern this type of investment; and, if so, what are the requirements; and (c) to analyze Saudi foreign direct investment laws through a series of case studies to gain new insights into how the regulatory framework actually…. [read more]


Financial Derivatives on Sub-Prime Crisis Impact Dissertation

… ¶ … Financial Derivatives on Sub-Prime Crisis

Impact of Financial Derivatives on the Sub-Prime Crisis

Over the last several years, the world has been struggling with a financial crisis, unlike anything that has occurred since the Great Depression. At the heart of issue, are various financial related derivates tied to what is known as subprime loans in real estate. Simply put, a derivative is financial product (based upon a contract) where the value is determined by another asset class or security. (Derivatives 2011)While subprime loans, were given to those individuals who may not have the ability to qualify for a traditional loan to purchase a home. This usually involved, the person making some kind of down payment on the property at the time of purchase…. [read more]


Slavery Term Paper

… As Civil war began, the population of slave trade had increased by 4 million. Even though the basis of the slavery was racism, white owners and black women were widely engaged in sexual relations, basing their argument from the simple words in the Declaration of Independence "all men are created equal" the undid Aristotle's ancient formula of Thomas Jefferson, used in governing human affairs until 1776: "From the hour of their birth, some men are marked out for subjection, others for rule." Jefferson's original draft of the declaration, soaring, damning fiery prose, Jefferson describes slave trade to be execrable commerce and assemblage of horrors, he continue to describe it as a cruel war against human nature itself that violates its most sacred rights of life…. [read more]


Vindication of the Rights of Woman Mary Research Proposal

… ¶ … Vindication of the Rights of Woman

Mary Wollstonecraft's book a Vindication of the Rights of Woman (1792) was written as a response to the proposed state-supported system of public education that would only educate girls to be housewives, a proposal made by Charles Maurice de Talleyrand-Perigord, the French minister of education after the French revolution (Mellor 367). The passion with which Wollstonecraft wrote a Vindication of the Rights of Woman was derived from her personal experience of inequality as a young woman in a patriarchal society and also by the injustice she experienced in her own family growing up, an injustice experienced primarily because of her gender given that she was raised in a home where her older brother, Ned (who by law…. [read more]


Pharmaceutical Industries Have to Operate Term Paper

… The data that was evaluated was a combination from book, journal articles, review papers and the Internet. The information reviewed pertained to a wide variety of situations and industries. There were some common trends observed in all the material. The commitment of the management and the involvement of the worker are critical no matter what the condition of the external and internal environment the company faces. Integrating the core function -- marketing and sale of products along with the goals and the objectives of the organization is the new route the organization has to now follow.

A distillation of the interviews will be provided in Chapter 2.

CHAPTER 2: LITERATURE SURVEY -- ANALYSIS OF FACTORS AFFECTING THE PHARMACEUTICAL COMPANY AND THE INTERVIEWS

Understanding the main…. [read more]


Price Beauty? Term Paper

… These ideas provide an excellent overview of that Age's understanding of the subject. In the second edition of his Enquiry (1759),

Burke addressed the idea of Beauty, by which he meant "that quality or those qualities in bodies by which they cause love, or some passion similar to it." Burke's goal of identifying the physiological relationship between external objects and their emotional apprehension is most apparent in Part Four [of the Enquiry], where he hoped to "discover what affections of the mind produce certain emotions of the body; and what distinct feelings and qualities of body shall produce certain determinate passions in the mind."

Physical beauty, therefore, was seen as inspiring an emotional response; specifically a feeling of love and affection on the part of…. [read more]


Utopia, Thomas More Presents His Own Concept Term Paper

… ¶ … Utopia, Thomas More presents his own concept of what communal living should be in the most ideal setting in the 'ideal society.' More's communal aspects of his utopian plan include the premise that there should be no private property among the citizens of Utopia. Apart from depriving one's self from private property, human beings under the utopian condition also shows love for nature -- that is, people constantly commune with nature and recognize their importance in the establishment of a healthy and efficient society. The utopian society also practices electoral activities, a process that is based on representativeness and freedom of human choice to elect their leader in the society. All of these characteristics of communal living in the utopian society demonstrate a…. [read more]


Mortgage Fraud if a Rash Term Paper

… " To this phenomenal burden was added the additional costs of suburban ownership such as the necessity of owning a car for transportation to remote work locations, and the upkeep of suburban lifestyles. Within only a few decades, foreclosures began again, and the younger generation watched their parents dreams seem increasingly removed. Financing changed once again, as Fannie Mae began offering more flexible options such as adjustable-rate mortgages and the resurrection of the balloon payment. Meanwhile, the weight of mortgages served to settle the older generation into political and economic stagnation, something that many youth in the 1960s and 1970s protested against as a hidden cost of suburbia.

So one may be able to see a certain degree to which mortgages are inherently exploitative. A…. [read more]


Business Culture and Expansion Trends Research Paper

… , Mrs., Miss plus the complete name is deemed respectful; sincerity is considered the very best policy hence no overselling is required; it is considered inappropriate to speak in a loud tone as well; politics, sports, and weather condition are great conversational subjects, and could be fiercely discussed and in order to be a great conversationalist, it is important remain present and notified on crucial subjects; it is also recommended to avoid complicating New Zealand and Australia as part of one nation, as they are 2 unique nations. If you are not knowledgeable about New Zealand, hang around prior to your journey to find out about the history and culture (Trevor-Roberts et al., 2003).

c. Religion.

In New Zealand, simply over half of the populace…. [read more]


Comprehensive Study of Offshore Financial Centers and Their Effects on Global Economy Dissertation

… ¶ … Offshore Financial Centres and Their Effects on Global Economy

The past 3 decades or so have witnessed the proliferation of offshore financial centres that have drawn both criticism and praise for their cumulative effect on the global economy. These offshore financial networks included 36 jurisdictions by the end of the 1970s that involved three main types of geographical locations, inland enclave states, coastal enclave states and island states. The enclave states have established a global pattern of so-called satellite clusters that are compatible with four main business time zones with linkages to the major global and regional capital markets. The Western Hemisphere is generally served through the New York epicenter by the Caribbean and the Central American Basin; European enclaves, coastal enclaves and…. [read more]


Health Literacy Essay

… Health Literacy

The nurse plays the most critical role in improving patient health literacy, because the nurse serves as a patient advocate. As Speros (2011) points out, "It is imperative that nursing responds to the call of creating a health literate society by taking an active role in health literacy research, education, and promotion (p. 321). The nurse is often the person to whim the patient goes when there are questions related to intake forms, insurance, or specific care issues like wound dressings or nutrition when the physician is unavailable. "Nurses have a professional and ethical obligation to communicate in a clear, purposeful way that addresses the unique information needs of each patient," (Speros, 2011, p. 321). Health literacy entails everything from being able to…. [read more]


Business Ethics Company Case Study

… With that in mind, the follow principles have been developed:

Our Ideology;

Conducting our business in a way contributing to Turkey's cause to hold a respectable position in the world.

Our Objectives;

Establishing prestigious and everlasting companies in a global and multi-cultural world.

Our Core Values that shape us;

Conducting business in compliance with the laws and the commercial code of ethics.

Openness to improvement.

Being competitive.

Conclusion

MLS Holdings has a unique challenge in setting its code of conduct for all of its operations. The company owns a variety of subsidiary operations and thus their code of conduct for these organizations must be somewhat vague. However, the code of conduct can concentrate on values at a high level that would be relevant to all…. [read more]


Profit Through Investing on Stock Dissertation

… Author discusses various matters in this research and covers the topic of risk, diversification and income investing. Here the main focus is on the financial strategies that can pay off big and highlights the financial structure (Greenblatt, 2006).

Analogous to the spectrum of economics, a lucid person is considered as the instigation of the comprehending phase which endeavors to explicate the functionalities of a marketplace in the behavioral finances. A substitutive methodology has been projected by sociological studies which comprises of the comprehension of a wider communal, organizational, and philosophical persuasive elements at the marketplace. To the preceding sociologists like Weber (2000a; 2000b), the procedures prevalent in the marketplace were of immense significance to them, and this significance can also be tracked effortlessly in the…. [read more]


Editorial Distance Education Theory Thesis

… Distance Education Theory

Moore opens his discussion with two important conceptual clarifications: that of distance learning and transactional distance. He begins by exposing the weakness of what the term "distance learning" denotes as he states, " [it] is troublesome since it suggests actions of one person, i.e. The learner, that are independent of the actions of teachers" when in fact a distance learning program is dualistic in nature as it involves both teaching and learning experiences (par. 3). In order to substantiate this claim, he drew upon the transaction literature which proves the existence of the interplay of multitude of factors in the education setting as "the teachers and learners, [transacts] in an environment that has the special characteristic of separation of one from another,…. [read more]

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