Construction Contracts Law Case Study Example | Topics and Well Written Essays - 2000 words

Construction Contracts Law - Case Study Example A proposal, when accepted, becomes a promise" Thus, when there is a proposal from one side and the acceptance of that proposal by the other side, it results in a promise. This promise from the two parties to one another is known as an agreement. Also all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object and are not hereby expressly declared to be void. These basic rules of offer, acceptance and invitation to treat etc are amply illustrated in the cases 'Pharmaceutical Society of Great Britain v. Boots Cash Chemicals Ltd.(1952)2 Q.B.795)' , 'Felthouse v. Bindley(1862)6L.T.157)' and also in 'Fisher v. Bell (1961) 1Q.B. 394)'. The intention to create a legal relationship is demonstrated by 'Rose and Frank Co. v. Crompton & Bros. Ltd.(1925)A.C.445)', Balfour v. Balfour(1919)2K.B.571)', By 'Jones v. Padavatton(1969)All E.R. 616)', and also through 'Merrit v. Merrit(1970)2All E.R.760)' As per the facts of the case it was a contract about the construction of a new warehouse incorporating high quality offices and the client wanted tight financial control. ... In nut shell the essentials needed for a valid contract, therefore, are as under : An agreement between the two parties. An agreement is the result of a proposal or an offer by one party followed by its acceptance by the other. Agreement should be between the parties who are competent to contract. There should be a lawful consideration and lawful object in respect of that agreement. There should be free consent of the parties, when they enter in to the agreement. The agreement must not be one, which has been expressly declared to be void. A proposal, when accepted, results in an agreement. It is only after the acceptance of the proposal that a contract between the two parties can arise. After the offer has been accepted, it becomes a promise which, if other conditions of a valid contract are satisfied, binds both the parties to the promise. These basic rules of offer, acceptance and invitation to treat etc are amply illustrated in the cases 'Pharmaceutical Society of Great Britain v. Boots Cash Chemicals Ltd.(1952)2 Q.B.795)' , 'Felthouse v. Bindley(1862)6L.T.157)' and also in 'Fisher v. Bell (1961) 1Q.B. 394)'. The intention to create a legal relationship is demonstrated by 'Rose and Frank Co. v. Crompton & Bros. Ltd.(1925)A.C.445)', Balfour v. Balfour(1919)2K.B.571)', By 'Jones v. Padavatton(1969)All E.R. 616)', and also through 'Merrit v. Merrit(1970)2All E.R.760)' As per the facts of the case it was a contract about the construction of a new warehouse incorporating high quality offices and the client wanted tight financial control. There is no express condition laid down as to 'Time as the essence of the Contract' But through the wording of the contract it is quite clear that the client has laid down two conditions, first the quality of workmanship should

Causes and effects of teenage pregnancy Essay Example | Topics and Well Written Essays - 1250 words

Causes and effects of teenage pregnancy - Essay Example The daycare authorities did feed him with bottled milk; however, David insists that he needs his mother more than food. Unfortunately, the daycare management people are not calling his mother but trying to divert David’s attention towards other stuff and until yet they have been unsuccessful since David seems to be seriously stubborn and is ready to compromise. Daycare authorities cannot call his mother despite the fact that Michelle is in the first building from the right on the next street. Michelle is actually busy giving her algebra exam for which she has been preparing for the past few days. If all goes well then she would end up getting a B in algebra and would become the first one in her family to hold a graduate degree in her hand but she would also have to hold David in the other hand as well. No one knows what would be the future of Michelle and David. However, a couple of things are for sure. Firstly, the upcoming years would not be a piece of cake for both of them. Secondly, David and Michelle are not the only ones who are such a situation but there are many reported cases of teenage pregnancy everyday all around the world. This paper focuses on the causes and effects of teenage in attempt to examine it with a boarder perspective. Since teenage pregnancies is a growing trend, happening in almost all parts of the world, more prominently in western societies, therefore there are several and diverse reasons that lead to the occurrence of teenage pregnancy. However, before discussing that, it is important to understand that this paper does not regard teenage sex as the main reason since not all teenagers have sex and even if they have sex does not always result in pregnancies. In fact, to prove this point, a study conducted in the United Kingdom reveals that more than two third of young people under the age of 16 do not have sex (Gillham, pp. 64-79). It is important here to note that

Argument Paper#2 Essay Example | Topics and Well Written Essays - 500 words

Argument Paper#2 - Essay Example GM food products should be labeled because it is the right of the citizens to decide what they eat, because this will enable informed decision making and because this will increase the profitability of the smaller business owners. GM food should be labeled as food processed and produced through the method of genetic alteration because this would provide consumers to decide what they want to eat and what they want to avoid. If GM foods are not labeled, the consumers will feel that they are being forced to purchase goods and services that they do not want to consume. If GM foods continue to be sold in the markets without being labeled then it would clearly give an impression to the consumers that they are being coerced in to purchasing food items that they perceive to have a negative impact on their health. According to Runyon, the majority of the citizens are in favor of labeling GM foods as the author cites a panel review in which 11 votes were casted in the favor of labeling (Runyon, 2014). GM foods should be labeled because this would allow consumers to make informed choices. Consumers have become very concerned about what they consume due to increase in awareness of health issues. Many consumers are of the perception that GM foods can affect their health and wellbeing in a negative manner. Even several researches have proved that GM foods can impact the health of human beings in a negative manner. According to a research cited by Bronner in his article, herbicides that are highly toxic in nature are being sprayed in the fields where GM food crops are being produced and these toxic herbicides can have a major impact on the health of consumers (Bronner, 2014). GM foods should be labeled because labeling will allow promotion of production of food products in a healthier and organic manner and will even increase the profitability of small businesses. Those who oppose labeling believe that the cost of labeling would

Role of HR in Developing Talent at Work Literature review

Role of HR in Developing Talent at Work - Literature review Example Hence the role and responsibility of HR as facilitator and developer of talent of its workforce with a view to achieve its overall business objective has assumed key significance over the years. The recent decades has seen a drastic change in demographic patterns, along with significant transformation in the political, economic as well as corporate fields. This has largely contributed to the changing perceptions of the way in which HR addresses issues related to hiring and training of employees (Gandossy & Kao, 2004). Such changes in almost all factors external to the organization are shifting the trends of corporate world, whereby there is a change in negotiation of power as well as the relationship between employers and employees. Talent management and development is being touted as one of the most significant and crucial aspects within the corporate world, today, as established and confirmed by various researchers (Gutheridge, Dommm & Lawson, 2006; Sandler, 2006; Handfield-Jones, Michaels, & Axelrod, 2001). Such studies indicate that effective development and management of talent by the HR has significant impact on the finances of the firm, i.e. there is a direct relationship between talent development and financial returns of the company. The better the talent development and management the higher the profits and returns. The concept of talent management was first conceptualized during the second World War (Capelli, 2008) and assumed greater significance during the late 1990s (Scullion and Collings, 2010). The twentieth century saw a sudden change in the attitudes of the HR management team, whereby the focus was shifted to developing, managing and retaining talent in the workforce. It was during this time that the need and realization for a talented workforce was on the rise and the significance of a talented workforce became one of the crucial aspects of organizations worldwide (Makela et al., 2010). It was established through various studies that the key to maximizing productivity and ultimately profitability was through adoption of a systematic and effective strategy aimed at developing talent at work and through hiring, selecting, developing and retaining a talented pool of employees (Huselid et al., 2005). Developing talent at work has increasingly been accepted as one of the key strategic functions of the HR, in most of the organizations globally. The development of talent, however is not restricted to merely hiring of talented workforce but also includes incorporating development programs with a view to sharpening the skills of the current pool of employees. According to the ex-CEO pf Procter and Gamble - the world's largest consumer groups, their company spends half of their time in developing talent (Holstein, 2005), thus re-affirming the significance of talent development as a key HR function. In the most broadest term, the concept of talent management / development indicates developing a wide range of strategies and policie s aimed at enhancing and developing the skills of employees at the workplace and includes attracting, hiring, developing, utilizing as well as retaining the skills crucial to the organizations and using the abilities and skills of the employees in an optimum manner, for the benefit of the organizat

Braving the Economic Slowdown Essay Example | Topics and Well Written Essays - 1750 words

Braving the Economic Slowdown - Essay Example Threats to the company must be identified and the major challenges must be addressed in order to secure the future and continual operation of the company. The cash flows of the company must be properly monitored and strategies must be formulated in order to avoid long maturing investments as these are the ones which carry very large risks for failure. The top management and leadership of the company must be quick and decisive in order to allow the implementation of changes to be successful. This paper presents what strategies needs to be implemented for the year in order for the company to achieve better competency and survival while also maintaining and ensuring the future of the company Braving the Economic Slowdown: Analysis and Strategy Development Introduction In light with the global business crisis and the reduced economic activities, the company needs to tread carefully on the ventures and strategies for its operational aspects. Times like these call for more precise decision making and planning so as not to waste even more precious resources and advantages, lest the company fail like many others in this recession. But in order to have a better grasp of the situation, we must first delve into understanding the nature of such crisis in order to determine and identify the threats and major challenges that the company is and will be facing. Therefore, the background of the crisis and the global entities and sectors that are most vulnerable should also be recognized. Limiting factors and hindrances should also be put into

Violent Employees Essay Example | Topics and Well Written Essays - 250 words

Violent Employees - Essay Example manifestation of severe stress, history of violence and criminal records, poor personal relationship, tendency to stay aloof, inconsistent productivity, swift personality change and poor personal hygiene. Identifying violence indicators in an employee is a step distinct from finding a lasting solution to the looming danger. After identifying a potentially violent employee, I would summon him or her to my office to investigate the issue that nags him or to discuss the behaviour manifestation that does not go well with the organisation. I would then clearly communicate anti-violence policy of the organisation to him or her and let him or her know the repercussions of such behaviour. I would make the talk as friendly as possible so as to gauge whether the employee can be helped or if there is need to part ways with him. In doing this, I would call for the opinion of other managers. If the employee promises to change, I would establish crisis management team to monitor and coach the employee, after which he or she would be dismissed if no change is observed after a given

Heat and temperature Coursework Example | Topics and Well Written Essays - 1000 words

Heat and temperature - Coursework Example As the kinetic theory of matter deals with the speed of particles of matter then the determination of particle speed can help us to study the kinetic theory of matter in greater detail. Therefore, the study of heat helps us to study the kinetic theory of matter. Heat is a form of energy that is transferred from one body to another in a system. When a warmer body is placed along a colder body, the heat from the warmer body will tend to go to the colder body. This process will continue until the energy of both systems becomes equal. (Reif, 2000) There are three modes of heat transfer better known as conduction, convection and radiation. Heat energy is important as it has direct relation to the physical state of a system. The addition of heat energy excites the particles present in a system. This enhances their random motion. Similarly, the removal of heat energy depresses the particles in a system which decreases their random motion. Temperature is a measurement that helps to quantify just how hot or cold a system is. Like other forms of measurement, the temperature scale is relative too. Temperature is used to measure just how much heat is being talked about. (Chang, 2004) Temperature helps to classify is there is some difference in heat between two bodies. This difference can be used to estimate the amount of heat transfer that will occur between both systems. Heat as already mentioned is a representation of the state of particle’s motion in a system. However, the speed of particles cannot be judged from one particle to the other. Therefore, there had to be some method of measuring the heat contained in a system. When a system contains heat, the particles in the system display random motion. This random motion is dealt with as the kinetic energy of the system. The speed of the particles and their weight are used to express the kinetic energy of a system. The total kinetic energy of a system is the heat content that resides in the system. This heat can be measured in reference to temperature. Temperature expresses the average measure of the heat contained in a system. Temperature expresses the willingness of a system to transfer heat energy if placed along a system with lower heat energy. Therefore, temperature is a method of measuring the total heat content of a system. (Kittel & Kroemer, 1980) Often heat and temperature are assumed to be one and same. However this concept is entirely false. Heat represents the total of a certain kind of energy possessed by a system. The temperature is only a method of measuring this energy possessed by the system. For example, if there were water standing in a pool which represented heat, then the measurement of its depth would be equivalent to temperature. Therefore, heat is a property possessed by a body while temperature is a measure of that body. Heat is possessed by all systems to varying degrees and is transferred by all systems to varying degrees too. However, the amount of heat retained by a system and the amount of heat transferred by a system vary in large part from one material to another. As an example, it is known that metals are good at the transfer of heat and insulators such as rubber are bad at transferring heat. The tendency of a body to both retain and transfer heat can be measured and expressed as well. This is also considered to be a property of the body and is known better as the â€Å"