Councillors And Ratepayers Shire Hastings †Myassignmenthelp.Com

Question: Discuss About The Councillors And Ratepayers Shire Of Hastings? Answer: Introducation An agreement is said to form between two parties when one party makes an offer to another and which is accepted by the other party. The person making an offer is known as an offeror and the one who accepts the offer is known an offeree. But for an agreement to be categorized as a contract, beside an offer and its acceptance, there must also be intention of the parties to be in legal relation, consideration and the capacity of parties. If any of the above components is absent then there cannot be a valid contract. (Gibson Fraser, 2013) Offer is the initial step towards contract formulation. It is the intention of an offer which he communicates to an offeree. An offer is concluded only when it is communicated to an offeree. An offer should be specificlly made to the offeree who can be an individual, a group or entire world and is rightly held in Carlill v Carbolic Smoke Ball Co (1893). An offer may be written or oral but must compaly with all other elements to make a valid contract. Acceptance Acceptance is when assent upon an offer is made by an offeree. It results in a binding aggrement between the parties. It must be accepted only by that person to whom the offer is made. An acceptance must be before the lapse of an offer and is complete only when it reaches the offeror knowledge (Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983)). In case offeree sends his acceptance at his own tersm then the same is counter offer which ends the original offer and is rightly held in Hyde v Wrench, (1843). Consideartion Consideration in a contract is very vital and it implies that when one party makes promise to perform certain task then for such performance it must pay cash or kind. Such benefit which accrues to the performer is known as consideration. Considration may or may not be adequate but same must be sufficient and is held in (Placer Development Ltd v Commonwealth (1969). Legal intnetion Intention to be in legal relation means that the parties who are in contrcat with each other must have the intention to perform the promise and thus their intention must be to be bound by the contract entered by them. In case of social and family realtions such intention is presumed to be absent unless the same is proved (Balfour v Balfour (1919)). Likewise in case of commercial transactions the intention is presumed to be present unless rebutted.(Jones v Padavatton (1969). Capacity Capacity of parties means that the contracting parties must be of sound mind and they must be major, it is then only the contract entered between the parties can be said to be a valid contract. (Clarke, 2012) Preference of kind of contract written or oral An agreement is said to form when an offer is accepted by an offeree. Along with offer and acceptance there must be consideration, intention and capacity to make an enforceable contract. So all agreements can be categorized as contracts but all contracts cannot be termed as agreements. (Graw, 2014) Now, Contracts can be either in written or oral form. Both the written and oral contracts are binding upon the parties. It is upon the parties to choose which form of contract they want to enter into. The validity of an oral contract is discussed in R v Clarke (1927). Oral contracts Oral Contracts are formulated when the parties to contract orally or verbally enter into a transaction between them. Oral contracts are formed vocally or by conduct of the parties and are binding upon the parties if all components of contract are present. (Latimer, 2012). Written contracts Written Contracts are formed between the parties when they reduce the contract in black and white. In this form of contract the parties write down all the terms of a contract and thus put their respective signatures to create a binding contract with each other. Written or oral? In case of a written contract all the terms and conditions are reduced in writing and signed by the parties. So in case of dispute it serves as a valid piece of evidence and it is more trusted and authentic mode of contrcating among the parties. The terms of a written contract being in writing are easily provable in any court of law as it serves as a piece of evidence. When a contarct is in writing the chances and scope of misunderstanding between the parties is less. In case of dispute also the written contrcat has specific procedure written in it which is followed to settle the dispute if it arises.It further clarifies the kind of contrcat the aprties had entered into. It also serves as a valid piece of record and evidence in case of disputs. Also the property transfer or lease contracts are always in written form. (FindLaw, 2017) Thus, a written contract is more validty in law when compared with an oral contarct. However, from the point of view of validty, both, written and oral contract have same sanctity in eyes of law. But from the above discussion and by analyzing the benefits of written contracts over oral contracts, it is preferred that the agreements or contracts must be made in writing as they serve as record and evidence for future reference and in case of misunderstanding between the parties they are easily provable. (FindLaw, 2017) Formal Contract and requirements of a formal contract A formal contract is a contract which is formally made as it should be in writing covering all the terms and conditions decided by the parties to the contract. A formal contract has an advantage that it is valid for a period of twelve years. It is rather different from a written contract as a formal contract has its own set of regulations which are to be followed while formulating it which makes it different from a written contract and is analyzed in BP Refinery (Westernport) Pty Limited v President, Councillors and ratepayers of the shire of Hastings (1977). Thus, to make a formal contarct, the main requirements are: (Christensen Duncan, 2009) It must be in writing; It must incorporate all the terms as decided between the parties. It must be signed by the respective parties who are part of contrcat. It must be signed as a deed. In case of formal contrcat even if the consideration is absent then also it is considered to be valid as per law. Thus, with the help of these formalities there are two kinds of formal contracts that can be made: (Harper, 2004) Contract under seal or deed is that formal contract which is signed by the partiesa. Apart from that it must be witnessed by atleast one person then only it is categorised as a valid formal contrcat. Contract of record - These are those formal contrcats which can be eastablished in court with the help of the supporting documents to prove same. As in such cases the intention of the parties is not necessary to prove the validity of a contract. The promise to appear before court or to maintain peace etc, are the few examples of contract of record. Intention to be in legal relation with each other in a contract is must case stud In a contract to be valid there must be an offer, acceptance, consideration, intention of parties and capacity. (Gibson Fraser, 2013) The case study provided deals with intention of the parties to be in legal relation. Intention to be in legal relation means that the parties to a contract must have the intention to be bound by the contract and thus their intention must be to honour the transaction. In case the parties do not have such intention then there is not a valid contract between the parties and is held in Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1989). In case of domestic or family contracts, the intention element is presumed to be absent unless the same is disapproved and is held in Balfour v Balfour (1919). Likewise in case of the commercial transactions there is a presumption that the intention element is present unless disapproved. The case law of Riches v Hogben (1986) states that the basic presumption of absence of intention in socialn contract and presence of intention elament in commercial contracts can be rebutted by laying down the evidence by the parties. In Trevey v Grubb, (1982) it was held that when two parties were sharing a lotery ticket and upon declaration of prize only one party claimed the prize on the basis that they were in friendly relations and thus there is no contract existed upon them is not upheld by the court. The court held that the intention of the parties was to be in a contract and there was intention of the parties to be in legal relation with each other. Application of law As per the facts, each of the friend contributed $2every for the lottery ticket and after winning one of the friends who purchased the ticket refused to share the prize with other friends claiming that the arrangement was purely social. From the facts of the question it is clear that all the friends contributed in order to win the lottery and their intention was to pool in money and win. The person who purchased the ticket was only a mere representative of all friends and thus all friends are entitled for the prize as analyzed in Trevey v Grubb , 1982). As the relation was social but the intention element is still present and thus all the friends will have respective share in prize. Though the relation was social but the same was rebutted and hence the presence of a valid contract between them was established. So all the friends have their right in the prize. Difference between an agent acting on behalf of principal and an independent contractor. In agency relationship, an agent performs work for his principal and the acts of an agent when performed within agency and in due course of business binds the principal. In such cases the acts of an agent are deemed to be acts of the principal and the liability of the acts of agent also falls on the principal. The principal is only liable, if the acts of the agent are within the authority and scope of work assigned to him. In case of personal acts of agent, the principal cannot be held liable. In case of agent transacting with third party then if third party wants to sue the principal for liability then such third party has every right to sue the principal for the acts of an agent. The principal is held liable for the acts of his agent because an agent works under his control and authority and is held in SCOTT V DAVIS, 2000. (The Law Teacher, 2017) In case of independent contractor, the contractor carries out the work and thus is liable for the liability arising there from. The leading case Gaitanis v Nicholas Moss Pty Ltd (2003) also states that when acts are carried over by an independent contrcator then such contrcactor is liable for his acts and not the principal. As an independent contrcator not acts within authority and control of the principal so he is liable for his own acts and the principal cannot be made accountable in such cases.(MCCARTHY, 2004) So in order to fasten the liability of the principal it is necessary to understand the manner in which the person had carried out the task. If it is carried out on behalf then the principal is liable otherwise not. Reference List Christensen Duncan (2009). Sale of Businesses in Australia. Federation Press. Gibson Fraser (2013). Business Law 2014. Pearson Higher Education AU. Graw, S. (2014). An introduction to the law of contract (8th ed.). . Australia: Law Book Co. of Australasia. Harper, M. (2004). The Implied Duty of Good Faith in Australian Contract Law, Volume 11, Number 3 . Latimer, P. (2012). Australian business law (34th ed.) North Ryde: CCH Australia. MCCARTHY, L. (2004). VICARIOUS LIABILITY IN THE AGENCY CONTEXT. Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1989). Balfour v Balfour (1919). BP Refinery (Westernport) Pty Limited v President, Councillors and ratepayers of the shire of Hastings (1977). Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983). Carlill v Carbolic Smoke Ball Co (1893). Hyde v Wrench, (1843). Gaitanis v Nicholas Moss Pty Ltd (2003). Jones v Padavatton (1969). Placer Development Ltd v Commonwealth (1969). R v Clarke (1927). Riches v Hogben (1986). Trevey v Grubb, (1982) Findlaw (2017). Is a verbal agreement legally binding? (online). Available at: https://www.findlaw.com.au/articles/5626/is-a-verbal-agreement-legally-binding.aspx. Accessed on 20th septemebr 2017. Julie Clarke (2012). Australian Contract Law (online). Available at: https://www.australiancontractlaw.com/law/formation-agreement.html. Accessed on 20th septemebr 2017. The Law Teacher (2017). Contracts made by agents. (online). Available at: https://www.lawteacher.net/free-law-essays/contract-law/contract-made-by-agents.php. Accessed on 20th septemebr 2017.

What is it to sacrifice, to sacrifice is to give u Essays - Fiction

What is it to sacrifice, to sacrifice is to give up something valued for the sake of something else regarded as more important or worthy. This can be seen in the essay "Marita's Bargain" by Malcolm Gladwell as well as the novel A Walk to the Jetty by Jamaica kincaid. Both of them make sacrifices for their self in which they mirror each other. In "Marita's bargain" marita sacrifices her Free time and recreational activities to achieve the excellence and success she desires. While in A Walk to the Jetty Annie sacrificed her close relationship with her mother to live her own free life. What makes them analogous is how they both make the sacrifice of their family cultures and values in exchange to change their self. First, in "Marita's Bargain" Malcolm states at the end of telling the reader about the average day of marita on page 12 lines 320-325 malcolm narrates " I leave school at five p.m., and if I don't lollygag around, then I will get home around five-thirty. Then I say hi to my mom really quickly and start my homework. And if it's not a lot of homework that day, it will take me two to three hours, and I'll be around nine p.m. Or if we have essays, then I will be done like ten p.m., or ten-thirty p.m." From this quotation malcolm explicitly say how marita had to replace all her free time with her studies. Secondly, in the novel A Walk to the Jetty annie states "I don't see them now the way I used to, and I don't love them now the way I used to. The bitter thing about it is that they are just the same and it is I who have changed, so all the things I used to be and all the things I used to feel are as false as the teeth in my father's head. Why, I wonder, didn't I see the hypocrite in my mother when, over the years, she said that she loved me and could hardly live without me, while at the same time proposing and arranging separation after separation, including this one, which, unbeknownst to her, I have arranged to be permanent? So now I, too, have hypocrisy, and breasts (small ones), and hair growing in the appropriate places, and sharp eyes, and I have made a vow never to be fooled again." In this annie proclaims how as she was younger her bond with her mother has deteriorated over the course of her life and it still hasn't changed. Finally, both annie and marita sacrifice their culture and family values in order to change themselves. This can be exhibited from both quotes in marita's bargain as well as a walk to the jetty. In Marita's bargain page 13 line 351-357 the author says "Marita's life is not the life of a typical twelve-year-old. Nor is it what we would necessarily wish for a twelve-year-old. Children, we like to believe, should have time to play and dream, and sleep. Marita has responsibilities. . . . Her community does not give her what she needs. So what does she have to do? Give up her evenings and weekends and friendsall the elements of her old worldand replace them with KIPP." this quote shows how marita had to give up her community in order to obtain what KIPP has to offer. In A walk to the jetty Annie she says" Now, too, I had nothing to take my mind off what was happening to me. My mother and my fatherI was leaving them forever. My home on an islandI was leaving it forever. What to make of eve rything? I felt a familiar hollow space inside. I felt I was being held down against my will. I felt I was burning up from head to toe. I felt that someone was tearing me up into little pieces and soon I would be able to see all the little pieces as they floated out into nothing in the deep blue sea. I didn't know whether to laugh or cry. I could see that it would be better not to think too clearly about any one thing."

Using a Descriptive Essay About a Place Sample

Once you have described the general history of the place, you can move onto the details. You may mention different events that happen on a particular day of the week. Or you may discuss the people, places, or places that have influenced the area. Using a Descriptive Essay About a Place SampleIf you want to give your college essays some extra information, and make them more interesting, you can try a descriptive essay about a place. The best part is that the final writing has to be just as interesting as the place you've chosen.A descriptive essay about a place may start with your location. As you have known when you decided to write your college essay, it is important that you convey the exact location that you will write about in the essay. You could choose a distant, tranquil city for example, or an exotic destination in Europe.Starting with your location also helps give you a little story. This is a chance to add detail to a small piece of history or perhaps a legend about the pla ce you are choosing to write about.You will then need to get some background for the location you chose. Try and cover the year that you arrived, the weather that it was in and where the traffic is by the time you got there. These facts will help explain the area and will make the writing more interesting.After you have a little background for the area, you'll need to write your first paragraph. Give a little background and explain the details you learned about the place through travel.Then you need to start filling in the rest of the essay. You can go over the basics of the area. Use your travel experience and summarize what you learned.

World Message essays

World Message essays Can a global message be created? The answer is positive. Because of the globalization, a world message is demanded by the citizens on the earth, and also, human beings are really intelligent enough to be creative on a world-wide slogan or message. However, there are still some predictable barriers in the way of the creation of the global message. One is the language barriers, and the other is culture conflicts. The language barriers are obvious because there is no such a widely-used global language in the world. Even English cannot be treated as the world-wide language tool for all the people. That is to say, a translation is required for the major company. But no one can be sure of a reasonable substitute for the local name, and then the problem occurs. In China, there is a famous toothpaste brand called Hei-Ren, which means exactly black man or negro in English. The Chinese company tried to spread the good product to the US at one time. At first, the word negro was chosen to be the English version for the product, but soon after, a lot of black people in the US began to protest to the name of the toothpaste. At last, the product was given the name Hei-Ren and never got an outstanding selling. Similarly, a same word or sentence sometimes cannot commute freely through different cultures. For instance, although the slogan Im lovin it. can be accepted by most Chinese young people, a lot of mid-aged and aged individuals always take it as a childish expression. Another example is the slogan for the 7 up. In China, its slogan is Yi-Dian-Jiu-Tou (China advertisement forum), which has two meanings: the explicit one which shows even a drop can make you feel cool and implicit one which is a Chinese traditional phrases. Maybe only Chinese can understand them well because of the rhetorical usages. In the US, the ...

Tips on Writing a Good Research Essay

Tips on Writing a Good Research Essay Tips on Writing a Good Research Essay A good research essay improves the grades of the students in the campuses. This is because since the exams are normally difficult the teachers normally ask the students to write the research essays. Those that write the best essays earn a lot of marks and even if they fail in the exams the researches that they did boost their performance. For those that do not know how to write the research essays, they have to look for the tips on writing a good research essay either from the teachers or their fellow friends. Some of the tips that those people are given are: They should understand the title of the essay. The same applies to the instructions that they have been given. They should read those instructions carefully so that they can get what they are required to write about. Before they write anything, they should have the right concept of the paper so that whatever they write will be correct. As they go through the questions they should mark the key words in the questions. These key words normally carry the main point in the question therefore once they understand the key points then they also understand the questions better. They should also break the questions into smaller sentences so that it can be easy for them to read and understand the questions. Once they are in shorter sentences it is easier to understand the question. After understanding the questions now the students should get all the materials that they need in order to do the research. They should only concentrate on the information that is related to the question. This is because they might waste a lot of time reading other materials that do not with the research and they end up not finishing the work on time and this could lead to punishments. Then once they have the materials with the information that they need, they should take notes on all the important points that they come across to avoid forgetting those points. They should then put those points together, explain those points according to the question, then look for evidence that supports those points. This way they will be able to evaluate whether they have the right information or not. After gathering all these points they should now draft the essay. They should first give an introduction to show the lecturer the question that he is answering as well as give the lecturer a clue of what he has written about. Then in the body of the essay, he should show all the points that he had gathered by outlining them in order, explaining them as well as showing the evidences that support them. They should also ensure that the points follow each other systematically. Then they should go through the work to correct any mistakes. As a matter of fact you can enjoy professional research essay writing help also, from academic experts at writing service.

Rewrite Essay Example | Topics and Well Written Essays - 500 words - 4

Rewrite - Essay Example There are different pricing policies of Foodmart, which can be explained by the company’s convenience of retailing and potential profits gained from sale. Therefore, Internet prices differ from prices in the shops of the Company. Under conditions of agreements for online operations, Todd had to pay retail price, which is not indicated in the Internet. Henry Cheeseman states in his book, The Legal Environment of Business and Online Commerce: Business CurrEthics, E-Commerce, Regulatory, and International Issues, (2010) that to enforce a contract, there is a need to follow these requirements: to consider agreement, consideration, contractual capacity, and a lawful object. Todd was ready for agreement, when he agreed upon terms and conditions of online transaction. Todd was also considered about the sum of money, which he had to pay for the sauce. The object of the contract, chocolate sauce, can be considered a legal element. Thus, it is possible to claim that this contract is enf orceable. Todd wanted to buy chocolate sauce at a lower price, which existed in real environment only and was unavailable in online world. The store has a right to sell goods and products in accordance with its real pricing policy. In case a customer is dissatisfied or wants to change any issues of this policy, his claims are irrelevant. Thus, in this case a contract specifies that advertised prices are not applicable for online purchasing, which means that the contract is enforceable and Foodmart wins. Nevertheless, in case Todd did not sign in the contract and he did not mark â€Å"I agree† option online, this contract cannot be enforceable. The clients of online purchasing should agree upon the terms of agreements and contracts, otherwise there is no enforceable power in online purchasing. From another perspective, purchasing in the real world requires that customer

Exploring gender difference in social anxiety Term Paper

Exploring gender difference in social anxiety - Term Paper Example There is a major lack of data relative to the effect of gender on social anxiety. The aim of this study is to investigate the gender difference in social anxiety using results from both self-report questionnaire and experimental setting. The hope is to bring to light information that can be crucial to use to aid those suffering from social anxiety. This study contains one central question that needs to be addressed: â€Å"Is there a gender difference in the experience of social anxiety?† A part of this study also explores whether or not individual experience of social anxiety is fully uncovered by self-report questionnaires. It intends to investigate how male gender roles affect their responses to the questionnaires. It is possible that males tend to underreport their fear and stress than females. This fact alone causes some false information to be conveyed in this area. There is not only an issue with differences in prevalence and clinical samples, the gender experience of social anxiety in men and women also lack discussion. The majority of studies that are completed on social anxiety and social phobia are based on self-report questionnaires. These do not always reveal what the individual with anxiety is actually experiencing, their highs and lows and other crucial information. In considering this topic I suggest that the current findings in gender difference in social anxiety are biased due to gender socialization. The experience of social anxiety provoking situations is the same across genders. Men on an average are equally likely to experience high social anxiety as women. There are a large number of theories and studies done on gender behavioral and psychological differences. For example, the evolutionary neuroandrogenic theory promulgated by Ellis predicts that phobia in general is more common among females than