Wednesday, May 6, 2020

My Life As A Recovery From Substance Addiction - 1849 Words

My life’s purpose; why am I here and what do I want to accomplish? Clearly, having gone through something as significant as recovery from substance addiction, my idea of what my purpose in life is changed significantly some years ago. While I don’t intend to victimize myself for choices that were my own, its significance and impact on my life cannot be understated. When I ask myself what I want to accomplish, I have a tendency to answer the much larger, broader questions. Rather than simply think of a career path I’d like to embark upon, or accolades I’d like to earn, my mind instead wanders to more metaphysical accomplishments. For example, I desire to accomplish things that can only be possible when a group of people are working†¦show more content†¦It will forever be easier to set personal goals than to set goals that involve the participation and cooperation of others. Just because something is easier, though, doesn’t mean it is bet ter; I consider â€Å"good† decision-making to be a practice that encompasses our fellows, rather than simply focusing on ourselves. To me, this is intrinsically linked to successful leadership; the leaders that I have observed as being most successful are the ones who do not only think of themselves. Core values that guide my behavior Personally, it is not difficult to identify the core values that I hold dear, that guide my behavior. It is, however, much more difficult to rank them in terms of their importance to me. If I’m paring down a list of important values that I believe are most influential to me, responsibility, sacrifice, laughter, and integrity stand out as those that simply guide my behavior on a regular basis. If I’m attempting to put them in order, it would be as follows: 1. Laughter 2. Responsibility 3. Integrity 4. Service Laughter and responsibility are really more like a â€Å"1A† and â€Å"1B† to me. Laughter is so summarily important because one of the most consistent lessons I have ever learned is that life means little without it. Business environments are not excluded from this proverb. While there is certainly a time and a place for everything, one of the things I have always been most grateful for is to have found a potential career with an employer that

Tuesday, May 5, 2020

Business Law Intent and Capacity

Question: Discuss about theBusiness Lawfor Intent and Capacity. Answer: Step 1 The legal issue here is whether was a clear offer and acceptance between the parties, for the formation of a valid contract. Step 2 A contract is a legally binding document, under which a promise is exchanged for a consideration, to do or refrain from doing some act, between two or more parties. In order to form a valid contract, it needs to have the essential elements of the contract. This includes, an offer, an acceptance, consideration, intent, capacity and the clarity regarding terms of the contract (Lambiris Griffin, 2016). An offer is the expression which showcases the willingness to contract. On the other hand, invitation to treat is the expression which showcases the willingness to negotiate, and is different from an invitation to treat (Lambiris Griffin, 2016). In general, the advertisements in newspapers are treated as an invitation to treat, where the advertising party is not under the obligation to complete the sale, as an expression is made, instead of an offer. This was also established in the case of Partridge v Crittenden [1968] 1 WLR 1204. But when an advertisement is such that it contains a unilateral offer, it is termed as an offer, and not an invitation to treat (Lambiris Griffin, 2016). In the case of Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256, the defendant had advertised to pay 100 to a person who would sniff the smoked ball in the stated way, and still catch influenza. This was taken as a unilateral offer and the defendant was contractually obliged to pay the stated amount to the plaintiff. In order to form a valid offer, it has to be sufficiently complete. In other words, it has to clearly state what is being offered and on what terms. Further, the offer has to be promissory; it has to contain a promise, which is to be accepted by the other party. In the case of Placer Development Ltd v Commonwealth (1969) 121 CLR 353, the judges held that the promise was illusory, due to the total discretion of the defendant to determine the payable amount (Lambiris Griffin, 2016). There should be an intention that if the offer is accepted, it would result in a contract. for instance, in the case of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6, the intention of the parties was taken to be an invitation to treat, and not an offer to form the legal relations. The offer has to be made to a specified group or a person, and can even be made to the world as was seen in the case of Carlill v Carbolic Smoke Ball Company. The offer has to be accepted before it is expired, withdrawn or a counter offer has been made regarding the same (Lambiris Griffin, 2016). The next essential of a contract is acceptance. In order to form a valid acceptance the offer has to be accepted as was made, while it was still in existence. The acceptance has to be made by the person to whom it has been made, and in the acceptable form. The acceptance can be instantaneous, i.e. through phone, fax or face to face (Lambiris Griffin, 2016). The other essentials of contract include consideration, which can be anything decided between the parties, as long as it has an economic consideration. The parties to contract should be of legal age and of sound mind, to have the contractual capacity. And lastly, the terms of the contract should be clear to the contracting parties. When an offer is revoked, it has to be communicated to the party to which the offer was made (Lambiris Griffin, 2016). This can be done directly or indirectly. In the case of Errington v Errington Woods [1952] 1 KB 290, a unilateral offer was made by the father, and the courts decided that as long as the payment was being made by the daughter in law, along with his son, the offer of the father cannot be revoked. The reasoning behind this judgment was the party has acted over a promise; the father or his widow could not reject it. And so, if an offerree has relied on the offer and has embarked upon it, such an offer cannot be revoked or terminated. Further, there is a general rule that if an offer is made in a particular manner, then the revocation can be communicated in the same manner. Step 3 In the given case, an advertisement was made by Organic Burgers, in the radio, TV and newspapers, regarding its promotion. This advertisement was aimed at attracting the customers, into buying the product. So, this was an offer, as the intention was to get the customers to purchase the product. Here, the company had made a unilateral offer, to the ones listening to, watching or reading about the offer. As was held in the case of Carlill v Carbolic Smoke Ball Company, a unilateral offer was an offer. The company, on realizing its mistake, revoked the offer. The revocation was made in the manner in which the advertisement was made, i.e., through radio, TV and newspapers. Since, the same mode was used, the revocation cannot be denied. Jonathan had not seen the media publishing, but he was aware that the offer had been revoked. There was a clarity regarding the conditions of the offer, along with the parties having the contractual capacity. The intention was clear to enter into the contract. But by purchasing the requisite 25 burgers, Jonathon accepted this offer. An offer cannot be revoked once acceptance has been gained. Further, applying the verdict of Errington v Errington Woods in this case, a unilateral offer was made, and as Jonathan had embarked upon it, so the offer cannot be revoked or terminated in this case. As the offer had already been accepted, the condition of hearing or not hearing the revocation of offer is not of importance here. As a valid contract was formed, the company is liable to honor the terms of the contract. And in case it fails to do so, the company would be in a breach. In the case of Amanda, the offer was present and she had the tickets. The offer was made to the world at large, and so, anyone could accept it, provided they fulfilled the conditions stated in the offer. The condition was to get 25 coupons, and never stated that the boxes had to be bought. So, Amanda fulfilled the condition and was validly offered the offer. She had accepted the offer when she entered the office to redeem the prize. The offer was accepted as it was, and it was still in existence when she accepted it. The acceptance was made in an instantaneous manner, as Amanda went to the office to communicate her acceptance. Here also, a contract was formed, and so, the company is again liable to give the car to Amanda. Step 4 From the above analysis, it can be concluded that a valid offer and acceptance was present in case of both Jonathon and Amanda. And, a legally binding contract was formed in both the cases. So, Organic Burgers is obliged to provide both of them the promised car. References Lambiris, M., Griffin, L. (2016). First Principles of Business Law 2016. Sydney: CCH.