Wednesday, October 23, 2019
Bilateral or unilateral contracts Essay
The Law of Contract can be defined as an agreement containing a promise or promises which can be enforceable by law. Sir John William Salmond a legal scholar defined a contract as ââ¬Å"an agreement creating and defining the obligations between two or more partiesâ⬠. A contract may be in any two kinds either bilateral or unilateral depending on the whether both or one party makes a promise or promises. Where both parties to the contract make a promise or promises, then the contract is referred to as a bilateral contract. Bilateral is the most common kind of contract in business. Both parties are bound together at an exact time, this is also referred to as mutuality of understanding. The bilateral one is quite normal compared to unilateral and creates a mutual contraction obligation from the start. (Buckley 1996, 10). Bilateral contract can be explained in the case of Thornton v. Shoe Lane Parking. Francis Thornton a professional musician had a one day job at Farringdon Hall in Central London. He was to entertain in the BBC with his trumpet. The plaintiff had chosen to leave his car just close to where he was performing in a newly opened multy-storey car park in Shoe Lane near Fleet Street. He drove up, switched the button and got a ticket. When the barrier opened, he parked his car inside the car park. His appointment lasted for three hours after which he returned. An accident occurred as the defendant was loading some goods in his car. The plaintiff later sued Lane Parking Ltd for damages on his car and for the injuries he sustained. Mr. Thornton was compensated $3,637 for the injuries sustained but non for the car. It was found that he had 50% contributory negligence (Buckley, 2005, 7). The major issue in this case was if any attempts were made by the defendant to exclude liability both to the plaintiff and his car. Altogether the defendant had made some attempts; the ticket processed from the machine, the sign displayed outside the park and a notice inside the park excluded liability to the car. The rule provided that the terms that can be brought to the parties in the contract are those that occurred at the exact time or before the formation of the contract (Collins, 1999, 23). A contract is said to be unilateral when the promise is only from one party. The other party does not make any promise but only does the act in order to achieve the other parties promise. An example of such a case is where Peter promises to pay Tony $70ââ¬â¢000 if Tony finds his cat. Tony is not under any obligation to find the cat but Peter is obliged to pay Tony incase Tony finds the cat. An offer of a unilateral contract can be made ââ¬Ëto the worldââ¬â¢ in form of advertisement. In such situations acceptance will be deemed to have occurred on the fulfillment of the condition. An example of a unilateral contract is the insurance contracts. Unilateral contract can be explained in Carlil v. Carbolic Smoke Ball Co. Ltd, the defendant through an advertisement made a promise to pay $100 to any user of Carbolic Smoke who during a usage period of two weeks contracts influenza. Mrs. Louise Carlil was infected after using the defendantââ¬â¢s product. She sued Carbolic Smoke Ball for $100 as promised (Cheesman, 2003, 34). Works Cited Buckley Francis. Just Exchange: a Theory of Contracts. London: Routledge, 2005, pp7 Buckley J. Peter. Firms, Organizations and Contracts: A Reader in Industrial Organization. Oxford: Oxford University Press, 1996, pp10 Cheesman Henry. Contemporary Business and E-commerce Law: Custom Edition for Collins Hugh. Regulating Contracts. Oxford: Oxford University Press, 1999, pp. 23 Students in Arts. New York: Pearson Custom Publishing; 2003, 4th Edition, pp. 34
Tuesday, October 22, 2019
New Years Resolutions in August (Has the heat gotten to Brenda)
New Years Resolutions in August (Has the heat gotten to Brenda) August might be a strange time to talk about New Yearââ¬â¢s Resolutions, but I got to thinkingâ⬠¦Ã letââ¬â¢s get real: Weââ¬â¢re three quarters through the year, thereââ¬â¢s a fall chill in the air, and if we donââ¬â¢t buckle down now on those January promises, the year will be over before we know it. Thatââ¬â¢s why I took a look at my list for 2012 with the idea that I will hold myself accountable for anything on the list that has not been done. Hereââ¬â¢s what I promised for 2012 and the current status of the task (as you read this list, I invite you to think about the standing of your own resolutions, if youââ¬â¢re brave enough to check the list): 2012 New Yearââ¬â¢s Ressaylutions 1. Create a new template for my website that brings me more into the technology of 2012. It seems the work of designing a website is never done. Despite having completed this task, Iââ¬â¢m still tweaking, and tweaking some more. Stay tuned for a new home page that will make my services easier to find. I have an idea in my head about what that will look like and will probably hire a designer to make it a reality. 2. Create new e-lists for past clients, and survey past clients. Thanks to Jeanne, my awesome Virtual Assistant (she is a real person, not a computer, donââ¬â¢t worry), I have been able to complete all these projects! Most exciting is that I have now invited all my clients from 2012 onto my various e-lists. And new clients will be automatically invited to join. Iââ¬â¢m so happy that I will be reliably keeping in touch with the people I have worked with! I feel so much more relaxed now that regular correspondence is guaranteed and not a random occurrence like it was a year ago. Ahhhhâ⬠¦. My current project is a survey that has gone out to clients to identify my Unique Selling Proposition. This project has several phases and Iââ¬â¢m partway through the first one now. You may have received that survey already! 3. Revise autoresponders from 2011. Also thanks to Jeanne, all my autoresponders have been converted from summaries of my articles (with links to the full article) into emails that include the complete article. I trust this format is more user-friendly and makes my messages more fun to read. 4. Publish my e-book on Kindle Wow did that one happen! As you all know, How to Write a KILLER LinkedIn Profile (now in its 3rd edition) is trending as #1 in the Business Writing Category on Amazon. Next project is to publish a Spanish-language version of the book. An initial translation is complete and I will be working on finalizing it and converting it to Kindle format in the next few months! I will also continue to revise the e-book as changes are made in LinkedIn, and as I learn more about the siteââ¬â¢s functionality. I am committed to staying on top of the latest developments as I educate people about How to Write a KILLER LinkedIn Profile. 5. Report on and count success stories in 2012. See 212 Success Stories for 2012. It has been more challenging than I expected to keep track of my clientsââ¬â¢ newsâ⬠¦Ã but with my new client lists I think that will change! There are 56 successes on the list so far, and more coming soon. 6. Continue to write and share about writing issues, job search issues, and sometimes life issues that strike my fancy each week and that my readers care about.à Iââ¬â¢ve been doing this regularly- and I hope you continue to enjoy and get value from what I write. If you have requested topics, please let me know. How DID she do it? As I look at the list above, what strikes me most is how much I have relied on other people to make my resolutions a reality. It took my Virtual Assistant Jeanne, my web designers Ivan and Meher, my publisher Brian, my clients who created and reported on their successes, and other authors and educators who sparked ideas and insights to share with all of you. The other thing I notice is that some of the tasks on my list seemed HUGE when I started them; but by taking them one step at a time, they miraculously got completed. Are there items on your resolutions list that you would be sure to complete if only you enrolled the right support? Are there items youââ¬â¢ve given up on because they are too overwhelming? What if you asked for help? If an appointment with a friend or a personal trainer is the only thing that will get you to the gym, thereââ¬â¢s no shame in that! If you need a resume writer to make sure you start your job hunt, hire one! I have a great resume writer to recommend. What if you took the first small step in a larger project? Organizing one drawer is a great step if you aim to organize your house. Signing up for a LinkedIn account is the first step to having a KILLER profile. (You know where to go if you want The Essay Expertââ¬â¢s input in the process.) For my part, I promise to keep on plugging. It looks like Iââ¬â¢m right on track to fulfill on my 2012 ââ¬Å"Ressaylutions.â⬠How about you? I wonder what we will all be up to in 2013? Category:Life and LeadershipBy Brenda BernsteinAugust 20, 2012
Monday, October 21, 2019
The Role of a Writing Coach
The Role of a Writing Coach The Role of a Writing Coach The Role of a Writing Coach By Mark Nichol Do you have a desire to write, but perhaps you find yourself frustrated by an inability to develop or organize your writing, or perhaps youââ¬â¢re getting bogged down in the process? Maybe a writing coach can help you. This post discusses what a writing coach can do for you. What is a writing coach? He or she does not necessarily edit your work, though the writing coach may also be an editor (and/or a writer) by trade. He or she is not a ghostwriter. A writing coach is a guide, and in most other endeavors, the best point in a journey to hire a guide is at or near the beginning, although youââ¬â¢re likely to benefit from a writing coachââ¬â¢s assistance starting at any stage of the writing process. The relationship between a writing coach and a writer generally begins with a face-to-face or phone interview in which the writing coach asks the writer about the project, what the writer hopes to accomplish with it, and whatââ¬â¢s holding the writer back. A writing coach then helps the writer organize his or her project, determine a schedule, and select a completion date as a goal. The writing coach discusses the stages of a writing project, including an initial outline, preliminary research, a revised outline, more extensive research (and, if necessary, interviews), another revised outline, and various drafts, followed by the editorial process (developmental or substantive editing, copyediting, and proofreading). A writing coach helps the writer develop a clear and compelling premise or plot, determine a tone, style, and voice based on the intended audience, and produce a coherent, captivating narrative, whether fiction or nonfiction. A writing coach can help a professional share expertise, a business owner sell a product, an academic report on research, or a student complete an application or course essay. He or she will benefit poets, short story writers, and novelists, as well as authors of nonfiction works, including articles, reports, and book manuscripts. A writing coach helps elicit the writerââ¬â¢s experience and expertise, guides the writer to develop a creative, productive spatial and temporal environment, and trains the writer to craft effective prose. He or she helps the writer find the heart of the content, what works and what needs work, how to carry out research and conduct interviews, and how to frame and organize the material (and what to include and what to leave out). A writing coach helps the writer focus, provides an objective perspective, and guides and encourages. A writing coach is like a personal trainer for a writer. A writing coach is a mentor. Writing coaches are likely to charge writers more per hour for their services, but their role is ultimately less costly than that of a developmental editor or copy editor, or even a proofreader. A writer may consult with a writing coach for only a few hours in all, but even if this stage in the writing process takes longer, it is probably well worth the expense youââ¬â¢re virtually guaranteed to benefit from the relationship, and to get that much closer to completion of the project and eventual publication. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Freelance Writing category, check our popular posts, or choose a related post below:75 Synonyms for ââ¬Å"Angryâ⬠A While vs AwhilePersonification vs. Anthropomorphism
Sunday, October 20, 2019
Writing Secondary Essays
Writing Secondary Essays Secondary essays are personal statements required of medical students by admissions directors to fill in the blanks. Having already written primary statements on such topics as education and/or personal goals, many students use the secondary statement as a way to beef up their application overall. For more information regarding secondary statements, I encourage you to read on. Like personal statements, secondary essays are not simple to compose. Many students, as a matter of fact, find secondary papers more difficult to write due to the fact that they require a more personal approach. Questions such as Where do you hope to be in ten years and What effect would you like your career goals to have on the medical community are commonly used in secondary statement guidelines. Before writing your secondary essay, it is important to take some time in order to properly evaluate the question asked. If, for instance, the application requires you to answer a question regarding your educational selection, do some research on the school itself. Think less about what you believe the review board wants to hear and more about how you honesty feel so that when you begin to write your answer, it will come straight from the heart. Secondary essays might just be some of the most difficult compositions to write. That been said, dont get frustrated if you find the overall process arduous and/or emotionally taxing. In the meanwhile, if you would like more information regarding med school secondaries and/or med school application essays, please access the link provided.
Saturday, October 19, 2019
Jose Parla and His Works Essay Example | Topics and Well Written Essays - 1500 words - 1
Jose Parla and His Works - Essay Example Parla began experimenting as early as 1983 when he used canvas in order to translate his wall paintings and personal memories into a permanent mode. At this time, Parla used to illustrate the derelict landscape of urban settings, hence he wanted to transfer this into a medium that was more permanent than the walls that he used. This formed the basis of his contemporary paintings that he describes himself as being ââ¬Ëââ¬â¢contemporary palimpsestsââ¬â¢Ã¢â¬â¢ implying that his artistic works are a form of memory documents or segmented realities. Parla has a noteworthy collection of artwork that is presently displayed in various art locations around America and Europe. Parlaââ¬â¢s collection has been driven by history and his own inspiration. Parla apart from doing his paintings collects works by other people who are part of his life history or contemporaries and friends whose artworks are in tandem with his art. Parla is dedicated to ensuring that his artworks go an extra level in proficiency and appeal to many. Parla has continued to read art history and he constantly visits various art galleries so that he improves on his artwork. Paintings by Parla characterize how cities of the world function as palimpsests. Parla creates visual tales of his experiences in various cities that he has visited. In these paintings, he illustrates urban landscapes of these cities. His works are calligraphic, multilayered and psycho-geographical, and he has incorporates these concepts into his paintings thereby enabling the viewer to find out about his perspective of the environment.
Friday, October 18, 2019
Summary analyses respons Essay Example | Topics and Well Written Essays - 250 words
Summary analyses respons - Essay Example The legacy has been privatized and the idea of public good has been forgotten. The Olympic legacy requires both the public and private sectorââ¬â¢s participation to sustain. This will support those who do not pay their way, loss of a permanent athletics track, and making the folk who produce the sports clothing not the biggest winners in the Olympic Games. The audience includes the organizers of Olympic Games as well as the universities having the regeneration gurus. The fundamental purpose of the article was to convey that the Olympic Games take a lot of public money and benefit only the private sector, thus causing little improvement in the socioeconomic conditions of the boroughs. The article is a criticism of the Olympic Gamesââ¬â¢ effectiveness in addressing their intended purposes. I personally agree to the author of the article because the flow of money in the Olympic Games has historically been from the public towards the private sector, while the noble objectives have been largely
Coursework on HgbA1C control diabetes Example | Topics and Well Written Essays - 250 words
On HgbA1C control diabetes - Coursework Example The infrequent laboratory blood glucose may be the most common use of these tools If the value of HbA1c is adequate, clinicians rely on the therapy without much questioning. The most authentic assays of HbA1c are those performed in a high quality clinical laboratory, one standardized to the National Glycohemoglobin Standardization Program (NGSP) The intake of food which contains a relatively high level of glucose results into increase glucose concentration in the blood. The level of HbA1c increases. In this way, the chances of catching diabetes increases. Diabetic patients get enveloped in major diseases which include heart attack, blockage in vein, and many other micro-vascular diseases. A person without diabetes will have a haemoglobin A1c test of around 5%. The A1c level should be less than 7% in a health human. Level above 8% is dangerous and needs to be medicated. The HbA1c has some targets which need to be met in order to decide whether the person has a high or low level of glucose concentration in the blood. The targets as are follow; People are recommended to measure their glucose level constantly. This test involves a small volume of blood and can be performed at home or in a doctorââ¬â¢s office. The sample of blood tested is taken to lab which is later presented to the doctor. Home testing is also done easily though a few professionals consider it less accurate. However, home testing is inexpensive so is widely common. (Gilles,
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