Wednesday, October 23, 2019

Beauty and Stylish

The making of their agreement began with oral statement from Stylish who had demands regarding the new house, to provide curtains, blinds, and window coverings. Beauty explained to Stylish that all window coverings were provided in the contract like what Stylish wanted. Several weeks later, Stylish had agreed, and then leads to written contract signing. This is when the issue arose. Somehow Stylish signed the contract which content is contrary to what he originally demanded, different from their pre-contractual statement. That the contract price of the house excludes all window coverings, and is the responsibility of the purchaser.Stylish was upset when he realized that blinds, curtains and other window coverings were not provided. They had a valid contract within their case, and the terms of contract are certainly not breached. Although somehow there is a misrepresentation in term of Stylish’ demand and the content of the contract. The question is whether the Stylish can get his contractual rights in relation to the window coverings. A contract can be defined as an agreement enforceable in law. This suggests that there are some agreements that are not enforceable in law.Whether or not a contract is enforceable in law firstly depends on whether or not the following four statements are satisfied : there must be an offer, acceptance of that offer, consideration or document under seal or deed, and intention to create legal relations. If one of the mentioned elements is missing, there will not be a valid contract. Offer is an expression made by one party as an â€Å"offeror† and the person who accepts the offer as â€Å"offeree†. In another words, offer is willingness by an offeror to enter into a legally binding contract with offeree.In this case, Beauty is an offeror who offered the contract, and Stylish is an offeree whom the offer is made for. Once the offer has been set, then the next step is whether the contract would be accepted or not, which is accepted by Stylish, by signing the written contract. By signing the contract, it is presumed that the parties, Beauty and Stylish intended the document to be bound with sufficient consideration and thus creating legal relations. With the four elements, this contract is valid, recognized, and enforceable by law. In another words, Stylish can invoke assistance of the court. All contracts contain terms.Various statements whether oral or written, may be made in the course of negotiation. This is known as pre-contractual statements. But not all statements end up having the same legal effects. First, the statement made may be in a form of â€Å"puff†. Such puffs cannot be taken seriously. They are advertisement or promotional statement which is not intended to be binding. Next, statements can be a †representation†. It may not be terms of contract, but could just be a statement that would be more than just sales talk. Although representation may be in writing, it is not as a whole part of the contract.Finally, statements made could be term. Terms are statements that form a contract. Somehow terms and representations are so much alike. The difference between a representation and a term depends on the intention of the parties and the actual facts of the case. If the intention of the parties is clear, then the statements they make can be considered to be a term of the contract. Otherwise it is just a representation. In Ecay v Godfrey (1947), the seller sold the boat to the buyer at 750 pounds. However, the seller expressly gave the buyer the opportunity to survey the boat.It was held that the suggestion by the buyer that the seller independently survey the boat to be a representation. In this case, although both Stylish and Beauty had a clear intention of how the new house should be done, but the problem is that when the contract was done, that the intention was somehow not fulfilled. The contract states that the price of the house excludes window coverings, and is responsibility of the purchaser. This statement is a representation because the statement was made orally but was not written in contract. So far the essential elements of a contract and types of terms in a contract have been considered.However, even if a contract has all the essential elements and terms, it may be still declared as unenforceable if the vitiating factor is present. Vitiating factors are number of causes which may prevent a contract from being enforceable in law. The agreement may be vitiated to a void contract or voidable contract by causes of: mistake, misrepresentation, duress, undue influence, illegality. Void contract is treated as if there was no contract at all between the parties. Any belongings received from the agreement must be returned, any items that have been resold to another party, may be returned as well.And any contract that violates public policy is considered as void. Voidable contract A â€Å"voidable† contract, on the other hand, is a valid contract and can be enforced. Usually only one party is bound to the contract terms in a voidable contract. The unbound party is allowed to cancel the contract, which makes the contract void. The main difference between the two is that a void contract cannot be performed under the law, while a voidable contract can still be performed, although the unbound party to the contract can choose to void it before the other party performs.

Tuesday, October 22, 2019

Free Essays on “From The Beatles To Biggie And Dylan To Diddy”

Over time music has changed drastically. Styles and genres, the way people actually create and listen to it, and how it affects the current trends in fashion and sexuality have all become quite diverse. People born in the mid 40’s through the 50’s probably listened to or have at least heard of artists like The Beatles and Bob Dylan. These names run parallel in respect to popularity to rappers like Christopher Wallace (Biggie Smalls/ The Notorious B.I.G.) and Sean Combs (P. Diddy/ Puff Daddy) now. â€Å"My favorite music always seemed to be rock that I heard in the mid to late 60's and the 70's. I'm a babyboomer born in 1951, so that was the music I grew up with. I'm sure most people my age can remember where they were when the Beatles first played on the Ed Sullivan Show. The Beatles were favorites for many young people during that period in time (Near).† Most people that grew up in the baby-boomer generation listened to mostly rock and roll music. Popular artists included The Rolling Stones, Jimi Hendrix, and Elvis Presley. Also, most people that grew up in the baby-boomer era might have started listening to a wider variety of rock, but haven’t really expanded their listening to other genres such as rap or jungle. â€Å"It has its place as alternative genre, but doesn’t have enough variability (Sefcik, Steve),† was the comment that I got when I asked my dad what his opinion on other types of music such as electronic or rap. Similarly, my mom said that she wasn’t crazy about other types of music (Sefcik, Terry). On the other hand she listens to mostly folk music and expanded to blues and bluegrass in her t eens, which shows that not everyone that was living at the time was obsessed with only rock and roll. Music also influences the way people socialize and vice versa society (friends, family, radio stations, etc.) effects how and what people listen to, especially when they’re young. For instance if someone primarily like... Free Essays on â€Å"From The Beatles To Biggie And Dylan To Diddy† Free Essays on â€Å"From The Beatles To Biggie And Dylan To Diddy† Over time music has changed drastically. Styles and genres, the way people actually create and listen to it, and how it affects the current trends in fashion and sexuality have all become quite diverse. People born in the mid 40’s through the 50’s probably listened to or have at least heard of artists like The Beatles and Bob Dylan. These names run parallel in respect to popularity to rappers like Christopher Wallace (Biggie Smalls/ The Notorious B.I.G.) and Sean Combs (P. Diddy/ Puff Daddy) now. â€Å"My favorite music always seemed to be rock that I heard in the mid to late 60's and the 70's. I'm a babyboomer born in 1951, so that was the music I grew up with. I'm sure most people my age can remember where they were when the Beatles first played on the Ed Sullivan Show. The Beatles were favorites for many young people during that period in time (Near).† Most people that grew up in the baby-boomer generation listened to mostly rock and roll music. Popular artists included The Rolling Stones, Jimi Hendrix, and Elvis Presley. Also, most people that grew up in the baby-boomer era might have started listening to a wider variety of rock, but haven’t really expanded their listening to other genres such as rap or jungle. â€Å"It has its place as alternative genre, but doesn’t have enough variability (Sefcik, Steve),† was the comment that I got when I asked my dad what his opinion on other types of music such as electronic or rap. Similarly, my mom said that she wasn’t crazy about other types of music (Sefcik, Terry). On the other hand she listens to mostly folk music and expanded to blues and bluegrass in her t eens, which shows that not everyone that was living at the time was obsessed with only rock and roll. Music also influences the way people socialize and vice versa society (friends, family, radio stations, etc.) effects how and what people listen to, especially when they’re young. For instance if someone primarily like...

Monday, October 21, 2019

Automobile Industry in India Essay Essays

Automobile Industry in India Essay Essays Automobile Industry in India Essay Essay Automobile Industry in India Essay Essay Chennai histories for 60 % of the country’s automotive exports. In melody with international criterions to cut down vehicular pollution. the cardinal authorities unveiled the criterions titled ‘India 2000’ in 2000 with later upgraded guidelines as ‘Bharat Stage’ . These criterions are rather similar to the more rigorous European criterions and have been traditionally implemented in a phased mode. with the latest upgrade acquiring implemented in 13 metropoliss and subsequently. in the remainder of the state. The Automotive Industry has flourished in Pune Region in Maharashtra. What were the particular conditions were at that place for this development. Still Indian autos are non considered as a category in itself compared to European autos. India’s strong technology base and expertness in the fabrication of low-cost. fuel-efficient autos has resulted in the enlargement of fabricating installations of several car companies like Hyundai. Nissan. Toyota. Volkswagen and Maruti Suzuki In recent old ages. India has emerged as a taking centre for the industry of little autos. Indian trade names: AMW ( Asiatic motor works- Commersial vehicles ) . Eicher Motors ( tractors. Buss. constituents ) . Force ( Bajaj Tempo ) . Hindustan motors ( Birla. Ambassador auto. Joint venture with Mitsubishi ) . Premier ( Padmini. Moved from Mumbai to Pune ) . Tata. Mahindra. BharatBenz. Per capita incursion at around nine autos per 1000 people is among the lowest in the universe. While the industry is extremely capital intensifier in nature in instance of four-wheelers. capital strength is a batch less for two-wheelers. Though three-wheelers and tractors have low barriers to entry in footings of engineering. four Wheelers is engineering intensive. Costss involved in branding. distribution web and spare parts handiness addition entry barriers. With the Indian market traveling towards following with planetary criterions. capital outgo will lift to take into history future safety ordinances. Car big leagues increase profitableness by selling more units. As figure of units sold additions. mean cost of selling an incremental unit comes down. This is because the industry has a high fixed cost constituent. This is the cardinal ground why operating efficiency through increased localisation of constituents and maximising end product per employee is of significance. Maruti Suzuki. which is the market leader in PVs. had to cover with labour work stoppages at its works at Manesar as a consequence of which production was badly hit. As gasoline monetary values firmed up. the derived function between gasoline and Diesel widened. Therefore. there was a rush in demand for diesel autos. Most companies faced force per unit area at the operating degree as borders declined due to lift in input costs. Steep depreciation of the rupee besides took its toll. Tractors: While good monsoon is a positive for the sector. given the fact that non-farm incomes have continued to mount up. volumes should still keep up good in the longer run despite a twelvemonth or two of hapless monsoons. denationalization of choice province conveyance projects bodes good for the coach section.

Sunday, October 20, 2019

Free Essays on An Inspector Calls

â€Å"An Inspector Calls† was written in 1945, in just one week, by Bradford born writer, John Boynton Priestley. In his life, he wrote over one hundred novels, plays and essays. In July 1941 Priestley and other members of a committee established the socialist common wealth party. He was very interested and involved with politics but had a large amount of trouble getting along with the policies of any one party. He also made an unsuccessful attempt to stand as independent candidate for parliament in 1944. Priestley travelled through the extremely poor parts of Britain, which gave the inspirations for his novels and plays. His inspirations helped him think through his political ideas and change them. Most of his plays were about middle class people because the audiences who watched and read them were generally middle class people so they could relate to the characters easily. He wanted all his characters to be as real as possible so he gave them a social background that would t he recognised. He had the great gift of being able to write quickly and never having to correct his first drafts. All his writings contained important elements of time, which suggests that there are moments in out lives when we make decisions that, could lead towards disaster or success. During the second world war Priestley wrote fourteen books and broadcast a radio programme called â€Å"Postscripts†, which was listened to every Sunday evening, but due to his unfortunate habit of criticising the government and discussing what he thought was wrong with the society they lived in, the BBC reckoned with the idea of stopping the programme and after a year the programme was stopped. After studying one of Priestley’s most famous plays, An Inspector Calls, I am going to see how the dramatic qualities of act three shape the audience response and how they communicate Priestley’s message, which was, â€Å" We do not exist solely as individuals but as part of an... Free Essays on An Inspector Calls Free Essays on An Inspector Calls â€Å"An Inspector Calls† was written in 1945, in just one week, by Bradford born writer, John Boynton Priestley. In his life, he wrote over one hundred novels, plays and essays. In July 1941 Priestley and other members of a committee established the socialist common wealth party. He was very interested and involved with politics but had a large amount of trouble getting along with the policies of any one party. He also made an unsuccessful attempt to stand as independent candidate for parliament in 1944. Priestley travelled through the extremely poor parts of Britain, which gave the inspirations for his novels and plays. His inspirations helped him think through his political ideas and change them. Most of his plays were about middle class people because the audiences who watched and read them were generally middle class people so they could relate to the characters easily. He wanted all his characters to be as real as possible so he gave them a social background that would t he recognised. He had the great gift of being able to write quickly and never having to correct his first drafts. All his writings contained important elements of time, which suggests that there are moments in out lives when we make decisions that, could lead towards disaster or success. During the second world war Priestley wrote fourteen books and broadcast a radio programme called â€Å"Postscripts†, which was listened to every Sunday evening, but due to his unfortunate habit of criticising the government and discussing what he thought was wrong with the society they lived in, the BBC reckoned with the idea of stopping the programme and after a year the programme was stopped. After studying one of Priestley’s most famous plays, An Inspector Calls, I am going to see how the dramatic qualities of act three shape the audience response and how they communicate Priestley’s message, which was, â€Å" We do not exist solely as individuals but as part of an...

Saturday, October 19, 2019

Regulations for the Licensure of Hospitals in Virginia Essay

Regulations for the Licensure of Hospitals in Virginia - Essay Example Also, the hospital must declare if it intends to be a General, Special, Nursing home, Outpatient, or surgical hospital, or combination of as defined by the regulations. Next, according to 12 VAC 5-410-140, a hospital must undergo an inspection, unless previously accredited by the Joint Commission on Accreditation of Healthcare Organizations and certified for participation in Title XVIII of the Social Security Act. If the hospital has already been approved by these two organizations, it can be assumed that it will fulfill all requirements of the Department of Health. Thus, it is easier if the accreditation and certification process is completed before applying for a license, but not mandatory. If the hospital has not already been accredited and certified, before obtaining a license then the hospital must undergo a rigorous inspection according to Part II of the Regulations for Licensure of Hospitals. Part II covers Organization and Management, Patient Care Services, Special Services, Environmental and Maintenance Services, and Physical Plant Requirements for existing Buildings. The differing parts of the inspection are not listed in detail, but it d oes list that the hospital has an opportunity to submit a plan of correction. (12 VAC 5-410-150) According to Part II of the Virginia State Board of Health's "Rules and

Friday, October 18, 2019

The Picture of Edouard Manet The Monet Family in Their Garden at Essay - 1

The Picture of Edouard Manet The Monet Family in Their Garden at Argenteuil - Essay Example As the Art of the Renaissance period, Impressionism is based on the characteristics and skills of the perception of perspective. It was not important what was on the picture, but the ways it was created and painted were meaningful. The paintings of impressionists provided the audience only with positive emotions, as they revealed the best sides of life, without affecting social problems, such as hunger, disease, and death. Later it led to a split among the Impressionists. The picture of Edouard Manet â€Å"The Monet family in their garden at Argenteuil† is a great representation of the Impressionism. It was created in the 1874. In this period of time Edouard Manet was influenced by the artistic skillfulness of Claude Monet and his approach to the painting outdoors. â€Å"Monet was the first and the foremost contributor to the birth of Impressionism and to the new manner of expressing a vision, where reality was interpreted in ways never before imagined – fresh, airy, harmonious, where colors dazzled in all their solar intensity, where nature was discovered in joyous vibrating life and in changing skies† (Martini, A., 1978, 5). In summer 1874, Manet stayed at the home of his family, which lived not far from the premise of object of his inspiration. The painting represents the family portrait of Monet: his wife Camille Monet, the son Jean and Claude Monet himself working in the garden on the left of the picture. It became the maste rpiece of the Impressionism Epoch. Edouard Manet was impressed by the works and technique of Claude Monet. â€Å"Impressionism reveals a different reality, clarifying Monet’s original intentions and correcting misconceptions in the understanding of his works†.  The subject of the painting possesses the features of simple portrait, but the simplicity is supported by the great mastership of the painter. The style of work comprises the elements of classical and casual art. On the one hand the picture represents a beautiful lady, well-dressed and holding her son on the knees. On the other hand, the nobility of the picture is diluted with the simplicity of nature and the man, simply dressed.  

Report to the Board of Directors - 3M Company Coursework

Report to the Board of Directors - 3M Company - Coursework Example In case of determination of impairment of assets, the management has adopted separate measurement techniques of evaluating the different units by categorizing them as profit making or loss making. The price-earnings ratio method has been used for profit-making units, the discounted cash flow method has been used for the loss-making units and the relative fair value method has been used for the changes in products offerings of the different units (Sofat and Hiro, 2008, p.84). The influence of the institutional context and the social context on the measurement choices for accounting treatment have been considered in the process of financial reporting. The necessary changes in the accounting treatment of the company to comply and align with the norms under IFRS have been suggested to improve the process of accounting and financial reporting. ... The contingent assets are also considered for PPE valuation. The management takes into account the historical experiences in evaluating the property, plant and equipment of 3M Company (Khan, 2004, p.49). Based on the past experience and reasonable justification of the related factors, the PPE valuation is carried out by the management. The management, however, believes that the accounting of PPE and the reporting of PPE valuation may differ from the actual value of the total property, plant and equipment. The determination of the value of property, plant and equipment takes into account, the related losses and depreciation of the assets. The valuation of the asset includes the cost of purchase and the cost of installation and other expenses incurred in bring the fixed asset to the location of usage. The cost of maintenance and losses if incurred are also adjusted to determine the value of PPE (Baker and  Powell, 2009, p.68). Apart from the cost or risks, the management also takes i nto consideration the expected flow of money from the use of fixed assets. The reward or the benefits of the assets are also taken into consideration for the purpose of PPE valuation. Evaluation of selected measurement model 2: Differences permitted in Asset Impairment methods and accounting treatment The asset impairment is recognized by the management of 3M Company when the reported value of the assets of the company is greater than the intrinsic values of the assets. The impairment method includes the determination of fair value of assets of the individual units of 3M Company and then comparing with the reported value of the assets of the individual units. The method