Essentials of a Valid Contract Essay

To be enforceable by law an agreement must possess the essential elements of a valid contract as laid down by Sec. 10 of Contract Act in the following terms; ‘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. ’ Following are the conditions for validity of the contract in detail. 1. Offer and Acceptance: There must be an agreement based on a lawful offer made by one party and a lawful acceptance of that offer from the other party. The adjective lawful implies that the offer and acceptance must satisfy the requirements of the Contract Act in relation thereto. 2. Legal Relationship: The parties must have intended their agreement to have legal consequences and legal obligations. Agreements of a social or domestic nature do not contemplate legal relations, and as such they do not give rise to a contract. 3. Lawful Consideration: Consideration means something in return (quid pro quo). For a valid contract both parties must have provided consideration, i. e. each side must promise to give or do something for other. However, it must be legal, real, harmless and not immoral. 4. Competent Parties: The parties to an agreement must be competent to contract. The contracting parties must be of the age of majority and of sound mind and must not be disqualified by any law to which they are subject. (Section 11) 5. Free Consent: Free consent of all parties is another essential element. Consent means that the parties must have agreed upon same things in the same sense. Consent is said to be free if it is not obtained by coercion, undue influence, fraud, misrepresentation or mistake. (Section 14) 6. Lawful Object: Object means ‘the purpose of entering into a contract’. For the formation of a valid contract it is also necessary that the parties to an agreement must agree for a lawful object. According to Sec. 23 the object of an agreement is lawful, if it is Not forbidden by law; Not fraudulent; or Not involves or implies injury to the person or property of another Not regarded immoral by the Court Not opposed to public policy. Not immoral. 7. Not Expressly Declared Void: The agreement must not have been expressly declared to be void under the Act. Sec. 24-30 and Sec56 specifies certain types of expressly declared void agreements: Agreement in restrain of marriage, trade, or legal proceedings. (sec. 26,27,27) Agreement by way of wager. (sec. 30) Agreement to do impossible acts. (sec. 56) Agreement the meaning of which is not certain. (sec. 29) 8. Writing and Registration: The prescribed legal formalities of writing, registration, etc. necessary for the agreement to be enforceable by law must have been observed. It must be in writing, properly attested by witnesses and registered if so required by law. The absence of any of the essentials explained above will not result in a valid contract but a void contract.

A Horror Show at the Cinemaplex Essay Example | Topics and Well Written Essays - 1250 words

A Horror Show at the Cinemaplex - Essay Example In terms of competition in the future, it may be noted that people living in larger cities are likely to gain access more quickly to film DVDs and sophisticated movie watching equipment which would pull them away from the theatres, while the smaller regional areas are likely to continue with their theatre activity for a much longer period. This leads to the inference that Regal and AMC may decide to shift their focus and compete for the smaller regional markets, to capture the higher numbers of the theatre going public. The other two exhibitors may opt to offer digital film viewing to enhance viewer experience. It must be noted however, that there is likely to be a decline in the business activity of all the four industry rivals and more and more movie goers tend to turn away from watching movies on big screens in favour of watching them at home on sophisticated TV and DVD systems with superior audio equipment. The other side of the coin is that competition among industry rivals coul d heat up more, as they compete fiercely for customers. Cinemark and Carmike could decide to consolidate their position and thereby offer stiffer competition to the two larger rivals; hence in a lean market, these industry players are likely to consider various business-savvy moves such as mergers and acquisitions in order to aggregate and consolidate the existing markets as they rapidly diminish and to improve their negotiation ability with studios. 2. Describe the advantages and disadvantages of each of the top four competitors' situations and strategic approaches. 2. The advantages of Regal’s strategy is focus on mid size markets using multi and mega plexes – this would ensure full occupancy and profit maximization. It is also the largest exhibitor in the United States, with 6335 screens and about 12 screens average per theatre, hence it has maximum access to film material to draw viewers in. The disadvantage is the high price, because at $7.43, it’s the highest among the leaders and consumers would be able to view the films for a lower price using other exhibitors. This factor would be especially relevant in recessionary times such as we have presently, because it could pull away many potential viewers to theatres operated by other exhibitors. Another disadvantage is that it has the highest costs per screen. AMC: This exhibitor operates 4585 screens but shows an average of 14 screens per theatre. This is the most significant advantage offered by this exhibitor because it provides consumers with maximum levels of variety in their film viewing. Another advantage this exhibitor has is the ability to pull in the crowds, because the theatres are located in densely populated, urban areas. They are not as expensive as Regal and for the major chunk of the viewing audience, i.e, the younger teen audiences, the greater variety and lower prices offer better options for a date or night out. AMC can also easily offer digital viewing, which would be yet another huge draw. The disadvantage is that because its audiences are mostly in urban areas, they are more likely to use alternative movie watching modes such as new audio equipment and DVDs which would reduce theatre going altogether. Another disadvantage is the high cost per screen Cinemark: One of its advantages is that it serves specifically targeted smaller markets Sole theatre chain for those markets Lowest average ticket price compared to other

Marketing Essay Example | Topics and Well Written Essays - 1500 words - 25

Marketing - Essay Example r that is usually thrown away is recycled and introduced into the value chain again as a new product and it must be noted that this takes less energy than using unprocessed raw materials. Paper normally thrown away from a hole punch is pulped using manual methods and it is made into different products which include stationery and document holders, artifact related products such as decorative frames depicting various pictures, paper vases, bags as well as paper towels among others. Stationary holders or vases can be skillfully made used recycled paper which is first pulped to take another new from. These holders can be molded into different shapes depending on the desire of the artists. These holders are more suitable for housed hold or official use where they are kept on desks where movement would be limited. In most cases, these vases would also serve the decorative purpose. Other products which can be made using recycled paper include decorative frames that can be hanged on the walls either in homes, offices or other public buildings such as halls or churches. Manually recycled paper often produces hard card boards which can be easily used as wall or picture frames. These frames are either decorated with various pictures depicting different artifacts or different messages can be inscribed on them. Holding bags of varying sizes can also be made from recycled paper as well. b) These products are likely to be in demand as a result of the fact that they would have been skillfully made in such a very attractive manner. In most cases, these products from waste paper are meant for decorative purposes meant to display artistic prowess by different artists. Art is used for different purposes in life hence, there would be likely chances of products being demanded by those who naturally admire hand made crafts. Indeed, artifacts are used for various purposes and there is need for the artist to first identify different things that can interest as well as satisfy the needs

Describe photograph Essay Example | Topics and Well Written Essays - 500 words

Describe photograph - Essay Example There are two small motorized boats in the middle foreground, one brown and one white, both being driven by single adult males towards the viewer. Other boats are moored amongst the poles on the left, and there are still more boats moving on the water. The canal flows in a sweep of steely blue, from the middle of the picture down to the front and to the right, where it forms the bottom right corner of the picture and turns into a turquoise shade, showing triangular wave patterns in the wake of the boats. There are no trees, and no sidewalks, but the water looks very like a street, because of the busy traffic of boats on it. It dominates the front and center of the picture, and clearly the photographer intended to capture the character of this interesting mode of transportation. Despite the boats which are clearly moving, there is serenity in the picture which comes from the expanse of water and sky, and the lack of human people, despite all the evidence of habitation and city life. The middle section of the picture consists of buildings on both sides, though those on the right are smaller than those on the left. About half way up the photograph on the right there is a large domed building, with several smaller domed towers to its right. This is clearly a special location, because it is much bigger than the other buildings around it, and it forms a striking silhouette against the sky, like a collection of upturned tea-cups on a table. Most of the domestic buildings have red tiled roofs while the domes are a mauve/brown color. Television antennae, flagpoles, and chimneys stick up from all the rooftops. Further up still, and in the distance, compared to the viewer, there is another tower, with a small sphere on the roof, resting on a square roofed building which has two round arches. Above all the buildings, and stretching over the whole top edge of the picture there is

Finance Essay Example | Topics and Well Written Essays - 2250 words - 2

Finance - Essay Example nt Australia Nominees 1,112,000 1.88% 11 Perth Investment Corp Limited 850,000 1.44% 12 12 Cogent Nominees Pty Ltd 817,834 1.38% 13 Spar Nominees Pty Ltd 767,889 1.30% 14 Passchendaele Ridge Pty Ltd 652,515 1.10% 15 Stewart, Brent Michael 350,000 0.59% 16 Back Veranda Pty Ltd 312,500 0.53% 17 Swanshore Enterprises Pty Ltd 311,000 0.53% 18 AMP Life Limited 275,494 0.47% 19 Minalti Pty Ltd 243,000 0.41% 20 Health Investment Nominees Pty Ltd 220,525 0.37% Total 50,018,389 84.65% Source: http://www.reuters.com/finance/stocks/companyOfficers? symbol=LWB.AX (accessed on 24.05.2011). Source: http://www.reuters.com/finance/stocks/companyOfficers? symbol=LWB.AX (accessed on 24.05.2011). (All the above details as on 30th June 2010) Financing proposed: This report is to find out if there is any possibility to provide $25 million by â€Å"Excel Bank† to â€Å"Little World Beverages.† Facility Type Overdraft and purchase of new land, buildings and brewing equipments Limit $25m Term Five Years Purpose The loan is being sought by the company for its ongoing expansion. The break up of the loan sought by the company is as follows: $16 million to replace their existing facilities $1 million overdraft facility $5 million to purchase new land and buildings $3 million to purchase new brewing equipment 2.0 Overview of Little World Beverages 2.1 Business Description Little World Beverages Limited (LWB) is a company which is based in Australia. The major functions of the Company are controlling brewing and packaging installations, selling draught and packaged beer and cider both at the national and international levels, and carrying on hospitality functions in Fremantle, Healesville and Melbourne. The portfolio of the Company is White Rabbit Brewery and White Rabbit ales. White Rabbit ales are taken from the malt components and their unique yeast energizing by the open fermentation procedure. LWB has its business operations in the United Kingdom, Singapore and New Zealan d. The subsidiaries of the Company as of June 30, 2010, include Little Creatures Brewing Pty Ltd, Little Green Steps Pty Ltd and Fremantle Harbour Properties Pty Ltd (http://markets.ft.com/tearsheets/business Profile.asp?s= LWB:ASX, accessed on 24.05.2011). 2.2 Recent Company History Little World Beverages, the listed beer makers at the back of the famous Little Creatures beers, improved profit by 35.4%. The company had made significant capital investments in breweries and hospitality so that a strong foundation can be created to develop the special beer brand. One of the fundamental capital expenditure projects settled through out the period was the building of a new brewery at the

Provide an analysis of 3models of health and demonstrate which is the Essay

Provide an analysis of 3models of health and demonstrate which is the most effective mpdel to use when working with young people - Essay Example For example, prostate cancer is an ailment affecting middle aged and elderly males, while breast and ovarian cancer is exclusively a disease affecting women. Similarly, diabetes, gout and obesity are diseases affecting the sedentary population. Likewise, there are also some diseases which society regards specifically as the diseases and ailments of the youth- the foremost among them being drug abuse, alcoholism and AIDS, to name a few. It is therefore imperative that the youth of a society or a country be cared for under a national initiative like health policies for the youth. This paper will explore the history and relatively recent efforts made by the Department of Health UK and other ancillary organizations in the last decade towards promoting the health, safety and security of our youth population in the UK. We will be looking at three models of youth care and intervention-the biomedical model, the political model and the quality of life model, describing each and comparing and evaluating which one is the best to use in the UK for the purpose of protecting the health and stability of our youth. Identifying Key Issues within Youth Health Care It has been estimated that as much as 20 percent of the population of the world comprises its youth. In the UK, the National Health Service (NHS) is the name of the public health service while the Department of Health (DOH) is the Government based organization entrusted with matters regarding public health policy. It also issues warnings about disease prevention and control, makes health information commonly available and undertakes other initiatives as needed for the safety and protection of the general health of the UK population. Recently the DOH has started an initiative that makes its services more user friendly towards the youth. Specifically this covers ten different areas, namely accessibility, publicity, confidentiality and consent, environment, staff training, skills, attitudes and values, joined-up working, young people’s involvement in monitoring and evaluation of patient experience; health issues for young people; sexual and reproductive health services, and specialist and targeted child and adolescent mental health services. This initiative has started in the backdrop of the successful Getting It Right for Teenagers program run for doctors and hospitals in practice. The hospitals and health centers have been directed to undertake a self review and evaluate themselves in terms of readiness or completeness in meeting the above criteria. Importance of the Health Needs of Young People According to a report published in 2007, youth and adolescents in the UK are engaging in risky behaviour that compromises their own health and well being to a disproportionately high level when compared to youth in other countries. The incidence of UK teenagers risking their health through smoking, drug and alcohol use, unsafe sex and becoming parents in their teenage years if taken together far sur passes that of any other country in the developed world. In particular, sections of the youth under the age of 15 having been drunk or having had sexual intercourse frequently without the use of a condom are the highest in the UK. It is not surprising that children born to young women between the ages 15 and 19 happen most frequently in Britain relative to other developed nations. Although these figures only represent part of the

Prostate Cancer in African American Men Essay Example for Free

Prostate Cancer in African American Men Essay Prostate Cancer is the gland below a mans bladder that produces fluid for semen. Prostate cancer is common among older men. Prostate cancer is a silent killer, and because it grows slowly, many men have no idea its there It is rare in men younger than forty. Risk factors for developing prostate cancer include being over sixty five years of age, family history, being African American, and some genetic changes. There is an estimated of 241,740 new cases and 28,170 deaths from prostate cancer in the United States in 2012 (National Cancer Institute, 2011). Prostate cancer is the second most common cancer among men, behind skin cancer, and the second leading cause of cancer deaths among men especially in African American men. one out of six men will be diagnosed with prostate cancer during their lifetime. For example, if youre at home having a cookout with 11 of your friends, its likely that two of you at some point in your lives will be diagnosed with prostate cancer. and If youre an African-American man, those odds increase to nearly one in five. Prostate cancer affects African American men twice as often as Caucasian men; the mortality rate among African American is also twice as high. African American men have the highest rate of prostate cancer of any ethic group in the world. In the African American community men are at high risk due to low socioeconomic status, and not getting cancer screening because of no health insurance. With the increased amount of men being diagnosed each year it is shocking that many men still avoid visiting the doctor because it makes them uncomfortable and they are afraid of what the results will be even when some clinics give free prostate cancer screening. While prostate cancer screening test can have abnormal results even when cancer is not present, it is important for men to have prostate screening done.prostate cancer is usually detected through screening, and there are two methods for early detection. The prostate-specific antigen test (PSA) is used, but there are many factors that can inf luence the outcome of the PSA test. Medications such as antihistamines, physical exertion or recent ejaculation can raise a PSA level. Another test for early detection of prostate cancer has been the digital rectal exam (DRE). Although, DRE is a better method for early detection, it is also a hindrance among men, particularly African-American men, to screening and early detection According to American Cancer Society (ACS) and American Urological Association (AUA), the PSA and DRE should be offered annually for all men beginning at age 50. However, they also recommend that African-American men with a family history of prostate cancer should begin testing by age 45. Early intervention is the key to a 5 year survival rate. Prognosis of prostate cancer diagnosed at an early stage is noted as being optimistic. Despite these credible statistics, free prostate cancer screening and early detection remains a problem area for many health care practitioners when it comes to the African American population (Plowden 2009) Madeline Leininger’s Sunrise Model has been used in many studies over the past twenty years. Between 1999 and 2008, over 200 citations of articles were noted using Leininger Theory (McEwen, 2011). She postulated that nurses should attempt to increase knowledge related to the care of people who value their cultural heritage and way of life (McEwen, 2011). The Leininger Sunrise Model of cultural diversity is used to obtain compliance with prostate cancer screening among African-American men; the goal has been to build a relationship of cooperation between clients and health care workers. Educating the men as well as examining their fears and anxieties is useful in removing barriers of resistance and gaining trust, thus empowering the client (McEwen, 2011). The Health Belief Model (HBM) â€Å"postulates a person’s perception of disease threat and benefits of taking action will predetermine taking action† (Rivers, 2009). The HBM is used to determine the African American male understanding of prostate cancer and to identify factors that would motivate that populatio n to seek screening and treatment of prostate cancer. The HBM has been used to design intervention to educate as well as facilitate access to screening and treatment (Rivers, 2009). Leininger’s Theory of cultural care diversity is a middle range theory that is based upon the major concepts of culture, culture care and understanding the differences as well as the similarities to transcultural human care. Her other major concepts of transcultural care are, caring, and ethic views, the system of health care, the professional system of care and culturally congruent nursing care. (McEwen, 2011) The strength of Leininger Theory lies in the fact that it is a holistic theory seeking to cover both the diversity and universality of nursing care concepts. Caring aspects within and between cultures must include the acknowledgement of the similarities and differences. The theory has been widely used within the credibility and confirm ability of data gained from research (McGee, 1994). Because the Leininger Theory places emphasis on cultural s ensitivity and cultural congruence, it can be said that cultural knowledge will improve care. However, because the approach fails to take into account a political and structural inequality of minorities and focuses on differences and deficits, it can be construed that the culture itself is the problem. The possibility of reinforcing stereotypes and increasing the gap between provider and patient may actually make the care aspect less than culturally safe (Orià ¡, 2005). Leininger Theory can be used in a wide range of modalities when considering the problem of prostate screening. When examining the focus of this clinical problem i.e., how to get increased participation from a high risk group to prostate cancer screening, Plowden reached several conclusions that are applicable to today’s practice for advance nurse practitioners. For example, African-American men were more likely to seek screening and participate in the treatment process if 1.) There was a perceived susceptibility to prostate cancer and that threat was perceived as severe in life threatening or disabling . 2.) There were perceived benefits to the screening such as early detection and accurate diagnosis. 3.) There were no perceived barriers. 4.) Sufficient triggers need to exist to motivate behavior (Plowden, 2009). When applying these findings to advanced nurse practitioners’ practices, it can be said that men in the high risk groups must first be educated on the risks of prostate cancer. They need to understand the implications involved with failure to be screened. Early detection and accurate diagnosis are very important to the 5 year survival post diagnosis. Screening is essential to the quality of life for a person diagnosed with prostate cancer. For example, lifestyle changes would have to be made after a radical prostectomy versus a chemo radiation treatment of a localized slow growing tumor. When health care professionals can successfully manage to remove or go around barriers, whether real or perceived, the goal of seeking medical intervention is improved. Health care professionals can attempt to established sufficient triggers so that the behavior can be motivated to attain compliance to screening. The advanced nurse practitioner’s challenge will be to first establish trust and reputation as a caregiver who cares and is approachable; educate the population of the high risk group to the benefits of early detection versus late discovery; provide easy access to screening and the follow up phase of the intervention; and maintain confidentiality. Peer group discussions with professionals have shown to aid in getting better compliance (Plowden, 2009). The African-American males’ decision making process when considering prostate cancer screening is influenced greatly by cultural mores and beliefs. These cultural beliefs often lead to a lower rate of compliance to free screening versus all other races i.e. Caucasians, etc. Leisiniger’s cultural diversity theory can be used to effectively educate and increase compliance by teaching practitioners ways to overcome these cultural barriers. By following the concepts of care, caring, and understanding feelings of self, as well as the feelings of others, it is possible to overcome cultural barriers. Works Cited Cherath, Lata, et al. Prostate Cancer. The Gale Encyclopedia of Medicine. Ed. Laurie J. Fundukian. 4th ed. Vol. 5. Detroit: Gale, 2011. 3578-3584. Gale Virtual Reference Library. Web. 7 Dec. 2012. LATEST RESEARCH: Faster Prostate Cancer Growth In Black Men?. Prostate Disorders (2011): 31. Health Source Consumer Edition. Web. 7 Dec. 2012 Prostate Cancer. National Cancer Institute. SEER Cancer Statistics Review, 1975-2009 (Vintage 2009 Populations), National Cancer Institute. Bethesda, MD, n.d. Web. 7 Dec. 2012. .