Business Corporation and Law Essential Part of Contract

Question: Disucss about Business Corporation and Law for Essential Part of Contract. Answer: Meaning of consideration The price which is stipulated by the promisor in exchange of his promise is known as the consideration. Consideration is an essential part of a contract. It is the sine qua non of any contract. A contract is considered to be void if it lacks a valid consideration. A promise becomes binding only when there is a valid consideration. Thus, a promise cannot be enforced if it lacks proper consideration. However, a promise without a consideration may be considered to be valid under certain circumstances. This is not relevant though in the light of the required questions (Houh 2014). 1. a) In the instant case, an offer was made for the sale of Lotus Super 7 sports car by Jane. The offer was made to Jack who readily accepted the offer. But there is no consideration for the same. Case law: Milroy vs Lord In this case, Mr. Medley had executed a deed and by virtue of the deed, certain bank shares of Mr. Medley were required to be transferred to a trustee. The shares were however, not registered in the name of the trustee and Mr. Medley continued to be the registered holder of the shares as per the register of the Bank. Moreover, the transaction was purported to be made without any consideration. Mr. Medley died afterwards and the personal representative of Medley tried to put resistance on the transfer of the shares. The personal representative contended that the deed was devoid of any consideration and therefore, the transfer should not allowed to be complete. He argued that the deed contemplated an uncompleted gift, which was without any consideration and therefore it should not be enforced (Lightman 2013). It was held that a mere promise having an intention to perform a gratuitous act would not legally bind the parties (Coleman 2015). In the instant case, the car is intended to be transferred to Jack and Jane does not demand any consideration for the same. Now, a promise without a consideration cannot legally bind the parties. Therefore even if Jack accepts the offer made by Jane, still the promise will not be legally entitled to be enforced because it lacks consideration which is required for the validity or enforceability of a promise. Though there has been offer and acceptance in the instant case, but the same is not contemplated by consideration and consequently no legal relation can be established by virtue of the promise. b) In the instant case, an offer is made for the sale of a Lotus Super 7 sports car by Jane. The consideration stipulated by Jane is a sum of $25000. The offeree is Jack and he readily accepts the offer. For the determination of the question whether the consideration is a good consideration or not it is imperative to go into the nature and requirement of consideration. Now, a price which is stipulated by the promisor in exchange of the promise is said to be the consideration. This price may or may not be in monetary terms. The nature of consideration requires causing of some detriment to the promisee. It does not however convey that a tangible benefit should be accrued to the promisor. If a consideration requires the promisee to do an act or to abstain from an act, it will still be regarded as a good consideration. For example, a consideration which requires the promisee to quit hanging around in night clubs or a consideration which requires the promisee to study every Sunday morning will be considered to be a good consideration (Furmston et al. 2012). Consideration may be anything stipulated by the promisor Fixing of consideration is at the discretion of the promisor and he is free to stipulate any price as a consideration for his promise. The consideration can virtually take any form and it depends upon the promisor to give any shape or form to the consideration (Turner 2013). Case Law: Chappell vs Nestle In this case, the Nestle Company, for the promotion of its chocolate sales, advertised that it would supply with a record to anyone who gives money and three chocolate wrappers (Gallagher 2016). The main question to be determined in this case was whether the three wrappers formed part of the consideration for the supply of records or not. The decision taken in this case supported the view that the requirement of sending chocolate wrappers for the supply of records was something more than a condition and it would come under the purview of consideration. Therefore, in the light of the case, the three chocolate wrappers were included in the term consideration. (Caulfield et al. 2014) Lord Somervell gave a famous statement in this case: A contracting party can stipulate for what consideration he chooses. A peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper and will throw away the corn. (Sacha, 2012). Thus, according to Lord Somervell, a promisor can stipulate anything for the purpose of forming a part of the consideration. (Kuhnel and Hough 2014). In the instant case, the price which has been offered by Jane for the sale of the car is a monetary amount of $25000. This price is equal to the market value of the car. This means if the car is sold to any X or Y or Z, then Jane would get the same amount. This consideration is a valid and good consideration and acceptance of the offer by Jack binds the parties in a legal agreement. Thus, Jack is legally entitled to get the car from Jane at an amount of $25000 as the agreement is binding on both the parties. c) In the instant case, an offer is made by Jane for the sale of her Lotus Super 7 Sports car to Jack. The consideration stipulated by Jane for sale of the car is $2500. Jack readily accepts the offer. The question which is to be determined is that whether this consideration is a good consideration or not. Now, a consideration in order to be a good consideration needs to be certain and not illusory. Case: Biotechnology Australia Pty Ltd v Pace In this case, Pace entered into an employment contract with Biotechnology. The contract provided that Pace would be allowed to take participation in the senior staff equity sharing scheme of the company. However, no such scheme was in existence at the time when the contract was entered into between Pace and Biotechnology (Loveranes 2012). It was held that the consideration stipulated by Biotechnology was illusory and uncertain and the same would not be considered as a good consideration (Goldberger 2012). Adequacy of consideration A consideration, even if it is of minimal value, will still be regarded as a valid consideration. A consideration may be of any price and so long it is voluntarily determined by the promisor and readily accepted by the promisee, it will be considered as a good consideration. (Hillman 2013). It is not necessary that consideration should be fixed according to the market value of the product or services. The economic value of the product or services is not the determining factor for stipulating a consideration under a promise. This principle gives economic freedom to the parties and gives them the discretion to fix consideration according to their choice. Thus, any consideration may be stipulated by the promisor and it will be a good consideration even if it is not adequate (Cartwright 2016). In cases where inadequate amount of consideration is fixed by the promisor, the important factor to be determined is whether the parties are at equal bargaining position or not or whether one of the parties have been influenced by the other or not. In such cases, a contract may be considered to be invalid and may be set aside on account of unconscionable bargain (Houh 2014). In the instant case, the agreement has been entered into voluntarily between the parties. There has been an offer and an acceptance and the consideration has also been determined by the parties freely and voluntarily. Moreover, none of the parties have been influenced by the other and the agreement does not contemplate an illusory or uncertain consideration. It shows that Jane has willingly agreed to sell her car and the same has been accepted by Jack as well. Therefore, the agreement cannot be set aside on the ground of inadequacy of consideration and it is legally binding on both the parties. 2. The given facts of the instant case are as follows: North Ocean Tankers entered into an agreement with a shipbuilder for the construction of a tanker. The consideration fixed by the parties was in US dollars. The contract did not mention for any currency fluctuation. As the shipbuilder completed almost half the work, there was a devaluation in the US dollars by 10%. The shipbuilder demanded for the payment of an additional amount of US $33 million and threatened to stop the work if the condition is not complied with. Under this circumstance, North Ocean Tankers reluctantly accepted the condition as they were required to deliver the tanker on time. An action was commenced by the buyer after 9 months of the delivery of the tanker. It is necessary to draw attention here that the facts of the instant case are somewhat similar to that of North Ocean Shipping Co Ltd. v. Hyundai Construction Co and another In this case a contract was entered into between North Ocean Shipping Co Ltd (plaintiffs) and Hyundai another (defendants) for the construction of a tanker. The defendants were required to build the tanker and the consideration was fixed in US dollars. The consideration was to be paid in five instalments. By the time the first instalment was paid, US dollars was devalued by 10%. The defendants made a demand for additional payment and threatened to stop the work in case of non-compliance with the demand. Meanwhile, the plaintiffs had entered into an agreement for chartering the tanker (Turner 2014). The agreement was advantageous to the plaintiffs and the plaintiffs thereby agreed to pay the extra amount and also requested the defendants for making an increment in the letter of credit. The plaintiffs brought an action after eight months of the delivery of the tanker (Whaley et al. 2015). In the action the plaintiffs contended that either the agreement should be set aside on the ground that it was void due to lack of consideration or the agreement was voidable on the ground that it was entered into during economic duress and through exertion of pressure (Burrows 2015) Justice Mocatta did not accept the plaintiffs contention on the ground that the relevant consideration for the agreement was in the form of defendants promise to increase the letter of credit. He however accepted the contention that the agreement has been entered into under economic duress but he denied any relief to the plaintiffs on the ground that the plaintiffs accepted the agreement (Chen 2012). The instant case is however dissimilar to the above mentioned case with respect to the fact that North Ocean Tankers has reluctantly accepted the agreement made under economic duress. The charter agreement had been entered into by the North Ocean Tankers much before the shipbuilder started to build the tanker. The shipbuilder in this case has taken undue advantage of the situation and has in a way forced the North Ocean Tankers to accept the agreement. Moreover, the facts of the instant case clearly fulfil all the requirements of economic duress. Firstly, there was already an existing agreement; secondly, the agreement was entered into by the North Ocean Tankers under threat and compulsion and thirdly, the terms of the agreement as proposed by the shipbuilder have been accepted by the North Ocean Tankers. Thus, the agreement is voidable on the ground that the agreement has been entered into under economic duress and consent of the North Ocean Tankers has not been given freely and vol untarily. Moreover, bringing an action within 9 months of the delivery of the tanker is well within the limitation period as prescribed under statutes enacted by different States of Australia. Thus, under the present circumstances, the North Ocean Tankers is entitled to recover the excess amount which it has paid to the ship builder under economic duress. Reference List: Burrows, A., 2015. Understanding the Law of Contract in Myanmar. Available at SSRN 2689548. Cartwright, J., 2016. Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing. Caulfield, T., Nelson, E., Goldfeldt, B. and Klarenbach, S., 2014. Incentives and organ donation: whats (really) legal in Canada?. Canadian journal of kidney health and disease, 1(1), p.1. Chen-Wishart, M., 2012. Contract law. Oxford University Press. Coleman, I., 2015. Family law: No presumptions, no assumptions:'Just and equitable'principles in family property disputes. LSJ: Law Society of NSW Journal, 2(7), p.84. Furmston, M.P., Cheshire, G.C. and Fifoot, C.H.S., 2012. Cheshire, Fifoot and Furmston's law of contract. Oxford University Press. Gallagher, C., 2016. Should the" Doctrine of Consideration" be abolished?. Goldberger, J., 2012. Australian contract law: A case law update. Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia, 26(4), p.8. Hillman, R., 2013. Principles of Contract Law, 3d (Concise Hornbook Series). West Academic. Houh, E., 2014. Sketches of a Redemptive Theory of Contract Law. Hastings LJ, 66, p.951. Houh, E., 2014. Sketches of a Redemptive Theory of Contract Law. Hastings LJ, 66, p.951. Kuhnel-Fitchen, K. and Hough, T., 2014. Optimize Contract Law. Routledge. Lightman, J., 2013. CASE EXAMPLE. Unlocking Trusts. Loveranes, R., 2012. Termination for Convenience Clauses. U. Notre Dame Austl. L. Rev., 14, p.103. Turner, C., 2013. Key Facts Contract Law. Routledge. Whaley, A., McAdam, B. and Crowe, P., 2015. The acceleration dilemma: can English law accommodate constructive acceleration?. International Journal of Law in the Built Environment, 7(3), pp.248-267.

Esl Argumentative Essay Topics Can Be Fun for Everyone

Esl Argumentative Essay Topics Can Be Fun for Everyone There are various levels and kinds of cheating. Simply type example of an argumentative essay and you'll discover different types of samples. The role of assigning an essay to middle school students is to make awareness and permit them to develop writing skills. Remind the students there are lots of varieties of evidence. Most Noticeable Esl Argumentative Essay Topics When it has to do with writing an argumentative essay, the most crucial issue to do is to select a topic and an argument that you could really get behind. When you are requested to pick a great topic for your argument, start with something you're familiarized with. In the procedure for selecting a topic, you also need to test your argument. You're able to restate your argument, which is quite a common practice amongst essayists. The Tried and True Method for Esl Argumentative Essay Topics in Step by Step Detail Remember that you may make funny argumenta tive essays if you do a few things. You cannot do both, as it's going to be too confusing for your readers. One of the greatest approaches to change anybody's mind is with an emotional investment. It will also aid you not to use the outdated topics or the ones which were re-written thousands of times So in case you lack creativity or time, do not only sill copy the information present on the internet, the topics which were funny for someone many years ago but will be trying that you reveal. There are 3 basic kinds of essays,, and When given a choice, individuals typically do not pick the argumentative essay. In this kind of situation, it's more convenient to locate ready-made essays and use them as an example. There are several steps which you should take to be able to write an outstanding essay. When you're writing this essay, your principal focus is going to be to give the reader vast info about the subject under discussion. Without these 3 standard components, your essay is going to be considered incomplete. To discover argumentative essay topics easy on various platforms, you want to comprehend about the argumentative essay. Argumentative essays are a few of the best that you can write as a student. Do not neglect to polish your essay. Key Pieces of Esl Argumentative Essay Topics At times, utilizing the exact same topics over and over again makes students bored and not able to find inspiration to compose essays. In the majority of instances, your lecturers may select the topic for you already. When you have topics to pick from, it is essential that you choose one which you can write about comfortably. The topics must have two sides and they need to be quite intriguing. If you do, you may now write on topics which are going to be humorous to them. Relevant Topics that are related to your society will engage the reader in the most effective possible method. Each point needs to be accompanied by strong evidence. You're going to need to select a topic first, but your topic needs to be something that has two conflicting points or unique conclusions. The topic that you select will earn a significant difference regarding how well you right the paper mostly since if you select a topic that it is easy to think of a solid principal point for and solid parts of evidence to demonstrate that point, you're half way there. Do a little reading on either side of the argument, and list the points for either side. Esl Argumentative Essay Topics People in demand of case study resea rch should rush to appreciate our assistance. Discussion Essay Tips Some folks believe environmental problems should be solved on a worldwide scale even though others believe it is preferable to address them nationally. All these topics can bring out the very best in the students since they mature into responsible adults and donate to the welfare of the country. Deciding upon an emotional topic is also a great idea. The more research you can do in order to secure better at your upcoming profession, the better. To compose a strong argumentative essay, students should start by familiarizing themselves with a number of the common, and frequently conflicting, positions on the research topic so they can write an educated paper. They often find that most of their work on these essays is done before they even start writing. Due to the previous angle, lots of people get into lots of difficulties writing essays on funny argumentative essay topics. Many topics for college needs can use humor as the very best weapon to create a slice of paper that would eventually draw more students to the writing, though they do not enjoy the ideas of writing. Some writings are just not meant to be funny whatsoever, but a fantastic student with superior writing skills can create the funny and yet informative and highly-argumentative story on a specific topic. If you're able to create a good essay, you're really grasping the principal concepts. Bear in mind an argumentative essay is based more on facts instead of emotion. An argumentative paper is part of the persuasion. Understanding how to compose a strong argumentative paper can help you advance your very own argumentative thinking.

A Great Explanation Essay Topic For 3rd Grade Students

A Great Explanation Essay Topic For 3rd Grade StudentsSome people think that any topic can be used for an explanatory essay, and they can teach that argument. They want to just read it. I can't write something to stand on its own. As a teacher, I always like to use my knowledge of subjects, and in particular, stories, to show why things are important and why we learn so much from them.I can provide a good example to illustrate a point about the recent American election. An alternative explanation is that Americans understand the importance of morality and understanding the social issues surrounding race and the election. This explanation makes sense to me because I was raised in the United States of America, where my parents helped bring the first black President into office. Not long after my father died, my mother and I put together a collection of his books and papers, and what I read changed my life forever. I do not feel any less American than I did before, and that doesn't chan ge because a Democrat won the Presidency.I wrote an article for an American History class that explains this in more detail. Students were allowed to write the explanations in the first paragraph of the essay, and then to name the stories and all the questions that they might have about the topic.As a High School English School teacher, I love these types of essays because they get the students thinking. This is not something that you write just to explain what you know. The purpose of an essay is to build understanding. I like a research paper that has facts that you explain and then has reasoning that leads you to the answer. By doing this, students learn that if they follow the reasons to reach their conclusion, they will get there.I put a story in the first paragraph about my school and then gave the children the option of writing a story about the topic, or rename the topic. I had one student write a story about her class, and I was so proud when she finished the essay. That ma de me very happy.When I finished the year senior essay in fourth grade, I felt better about myself, and that helped me enjoy every assignment that I was able to complete. You should never give up, even when you feel like the essay is not coming together. A great one is something that you will remember when you are in college or on a job interview.It helps high school students learn the importance of writing, because this is something that they need to know how to do at a later time. When they leave high school, they go to college or begin working for the government. This will help them get that first job and experience what it is like to write a persuasive essay. It is a skill that can open many doors.

Personal Disaster Essay Writing - How to Get the Most Out of Your Assignment

Personal Disaster Essay Writing - How to Get the Most Out of Your AssignmentIf you are trying to improve your grades in school, you may be thinking about taking on a few assignments for yourself that you can do as a sample personal disaster essay writing assignment. Sometimes they seem too easy, and you can't wait to get them done so you can start working on the next one. But many students feel like they're not getting enough attention from their teachers, and that they should be putting more of an effort into their education.There are things you can do to make sure that you are getting the most out of your own personal disaster essay writing assignment. You'll need to plan ahead of time, and write it well ahead of time. You want to do this because you want to give yourself the best chance to succeed in your assignment. And you don't want to be an armchair teacher to yourself.So you have your own personal disaster essay written up, and you're ready to turn it in. If you're like most students, the worst thing that you can do is submit it on the same day it's due.Many students don't realize that personal disaster essays are supposed to be put off until after the deadline for the class. The reason for this is that a good, strong personal essay gives you a huge advantage when you're required to read your classmates' essays. It gives them an inside view of how the professor is grading, and it helps you get a feel for the overall difficulty of your assignment. In the end, it all boils down to a GPA.So when it comes time to put your personal essay in front of the class, don't forget to pay attention to what other students are doing. Make sure that your essay is organized and full of examples and key points that you can relate to.Then, give yourself time to read through your own personal essay. Get as much feedback from the teachers that are in the class as possible. This will give you a better idea of whether or not you'll be assigned any additional essay help, which can help make your personal essay easier for you to read. And it will also make your friends feel a lot better about giving you advice.Remember, when it comes time to submit your sample personal disaster essay writing assignment, make sure that you give yourself plenty of time to review it. This will allow you to get the most out of it and turn it into a success!

Writing a Sample Essay on Character Traits

Writing a Sample Essay on Character TraitsHaving a sample essay on character traits is not enough to make you stand out in a crowd of people. You have to also prepare and polish your essay to pass the exam with flying colors. Here are some tips that can help you in writing an essay on character traits.The most important thing in writing a sample essay on character traits is to think on the theme. You should think in terms of action and reaction. If you want your essay to be liked by your classmates, you should know about the qualities that make a person strong and make him/her an outstanding person.There are two basic character traits. The first one is to be good at what you do and the second one is to have a good character. Although you do not want to have both, you should write about the attributes that make a person good at his/her job. For example, if you are planning to work in corporate America, write about your professional experiences and accomplishments.For all your personal ity traits, you should have a list of qualities. You should put all the characteristics on this list. You should then ask yourself why the characteristics matter. Think about it and make your essay on character traits as a reflection of your character traits.Some personality traits are easily changed. You can replace the traits that do not work for you. This will bring about an entirely new version of your character. Although your personal traits will always remain, it will become more convincing.In order to write a sample essay on character traits, you should get some practice from other people. You can either ask your close friends and relatives about their experiences, or you can enroll yourself in a workshop to get some writing practice. You can also join a class or read an essay that exemplifies a very good example.When you have made it through the first essay on character traits, you can now proceed to writing the next one. This time, you can have fun in making it come out mor e persuasive and attractive.

KWAskinganAnalyticalQuestion Essays - Human Behavior,

Asking an Analytical Question An important step in writing academic essays is to ask a good analytical question, one that poses a challenging way to address the central text(s) you will write about. Establishing that question won't be your first step- you'll need to do some observing and annotating, and even some interpreting, as a way of developing the question itself. But focusing on what that question might be early in your analysis helps you approach your essay with something to explore, an idea to discover (that will inform your thesis) for both you and your readers. Think of the question as something you're truly interested in exploring as you read, an exploration you want to guide your reader through, since not everyone reading the text will come away with the same impressions and interpretations you do. (One of the truisms of writing: if you're not discovering something in the writing of your essay, your readers probably aren't either.) A good analytical question: (1) speaks to a genuine dilemma in the text. In other words, the question focuses on a real confusion, ambiguity or grey area of the text, about which readers will conceivably have different reactions, opinions, or interpretations. (2) yields an answer that is not obvious. In a question such as "Why did Hamlet leave Denmark?" there's nothing to explore; it's too specific and can be answered too easily. (3) suggests an answer complex enough to require a whole essay's worth of argument. If the question is too vague, it won't suggest a line of argument (e.g., "Why are there so many references to acting in the play?"). The question should elicit analysis and argument rather than summary or description. (4) can be answered by the text, rather than by generalizations or by copious external research (e.g., "Why did Shakespeare depict madness in the way that he did?"). Tips to keep in mind: . "How" and "why" questions generally require more analysis than "who/ what/when/where." . Good analytical questions can highlight patterns/connections, or contradictions/dilemmas/ problems. . Good analytical questions can also ask about some implications or consequences of your analysis. Thus the question should be answerable, given the available evidence, but not immediately, and not in the same way by all readers. Your thesis should give at least a provisional answer to the question, an answer that needs to be defended and developed. Your goal is to help readers understand why this question is worth answering, why this feature of the text is problematic, and to send them back to the text with a new perspective or a different focus.

Anasazi essays

Anasazi essays What really happened to the Anasazi; The Crisis of the Thirteenth Century The Anasazi are ancestors of the present- day Pueblo, Zuni, and Hopi tribes of New Mexico and Arizona. The Anasazi fished, hunted small game, and gathered wild foods. They eventually started to build elaborate structures called cliff dwellings, moving away from the subterranean pit houses. They used a sophisticated irrigation system to support their civilization. Using dams and dikes, contoured terraces, and reservoirs, the Anasazi made the most of the sandy soil and limited rainfall in their desert climate. Some archaeologists and historians believed that a lack of rainfall led to the demise of the Anasazi. Other scientists believe that cannibalism caused the downfall of the Anasazi. Along with attacks from the neighboring tribe, the Navajo, the Cannibalism theory provides a more practical explanation for the disappearance of the Anasazi. What caused the Anasazi people, who had one of the most sophisticated civilizations in North America, to abandon their beautiful stone dwellings in the mid- 12th century? One of the earliest theories was the Great Drought theory, presented by A.E Douglass, an historian and archaeologist. He discovered new techniques for tree ring dating, called dendrochronology, he then charted the tree rings in living trees and overlapped and matched them with those found in wooden beams from increasingly older archaeological sites. Douglass discovered that there was a great drought in the American West between 1276 and 1299, about the time when Anasazi cities had been Although the Great Drought theory has been used to explain the disappearance of the Anasazi for many years, scientist and archaeologists are uncovering new evidence that could improve the understanding of why the Anasazi left their homes in the Midwest. Christy Turner, a professor of physical anthropology at Arizona State University, authored a book called...