Law Essay Example | Topics and Well Written Essays - 2250 words

Law - Essay Example However, the introduction of numerous statutory instruments and the principles of Judicial Interpretation place restrictions on the use of exclusion clauses. Another aspect of legal disputes in commercial contracts involve the situation where there is damage to property that belongs to one of the parties in the contract after an order is placed. There is a question of which is liable for damage. This paper is in two parts based on the question in the scenario. The first part examines the effectiveness of a clause that AOL has integrated into the contract which excludes liability for several things and how this can be used to relieve AOL for misrepresentation. The second part examines the obligations that AOL owes to Shoeground Ltd in view of shoes that they ordered which have been damaged. PART 1 1.1 Issue The question requires that we examine the ability of Clause 3 to be used to exclude responsibility for misrepresentations. In doing this, there is the need to examine some importan t things: 1. The appropriateness of the use of Clause 3 as an Entire Agreement Clause and what intervening Statutes and Judicial practices can affect the use of the Clause to exclude liabilities for misrepresentations. ... The Misrepresentation Act of 19675, as amended by the Unfair Contract Terms Act 19776 restricts the possibility of using exclusion clauses to limit liability for misrepresentation. Section 3 of the Misrepresentation Act states that if a term in a contract excludes liability for misrepresentation, any remedy available to the other party by reason of such misrepresentation, that term shall have no effect unless it satisfies the requirements of reasonableness in Section 11 (1) of the Unfair Contract Terms Act 1977. This means that in an event of a misrepresentation by one party in a contract, that party cannot rely on any exclusion clause to prevent his liability for misrepresentation. In Overbrooke V Glencombe7 it was held that the need of a principal to disclose restraint of the authority of his agents were not enough to prevent him from the effects of Section 3 of the Misrepresentation Act. This is because the principal stated that he was not responsible for the representations of hi s agents. The court held that the agents were acting in his name as such, the inclusion of a clause limiting their involvement did not make him exempt from Section 3 of the Act. The principal was held liable. However, in some instances, an exclusion clause for liability for misrepresentation could be accepted by the court if it is reasonable. The reasonableness test is laid out in Section 11 (1) of the Unfair Contract Terms Act 1977. First of all, the exemption clause should have been reasonable enough to have intended the terms are the time of the contract8. This means that the term might have been in a way that a reasonable person could have inferred its impact and invested sufficient efforts to do diligent checks. Secondly, the exemption clause for misrepresentation

Economic Implications of the EU's Single Currency on German Economy - Dissertation

Economic Implications of the EU's Single Currency on German Economy - Research Plan - Dissertation Example Research Questions and Rationale for the Chosen Research Questions 1. What are the negative effects being created through the introduction of a single currency Euro on the German economy? 2. Does the benefit outweigh the disadvantages of using fixed exchange rate policy? 3. What are the economic consequences of using fixed exchange rate based on the economic experiences of Germany? Several authors suggest that it is wrong to believe that the use of a single currency could solve economic problems related to high unemployment rate, high inflation rate, low exportation volume, and economic stagnation (Carbaugh, 2009, p. 282; Frankel & Rose, 2002). For this reason, the first research question in this dissertation plan aims to identify and determine the negative effects associated with the introduction or use of a single currency on the economic situation in Germany. The EU’s single currency was implemented for the purpose of enhancing the inter-regional and inter-state trading amo ng the members of the European Union easier (European Commission. The EU Single Market, 2011). On top of the significant reduction in the cost of inter-regional and inter-state trading, the use of EU’s single currency could increase the market opportunities and promote price stability for the EU members (Canuse & Driga, 2010; Goodhart, 2007; Luker & Townroe, 1999). Considering the economic advantages associated with the use of a single currency, the second research question aims to determine whether or not the disadvantages of using a single currency under a fixed exchange rate policy outweigh its economic benefits. As a huge country, Germany was highly dependent on the exportation of agricultural, mining and industrial products since 1950s (Boyes, 2007). As part of examining the economic consequences of using a single currency, the third research question aims to explore how the use of a single currency under a fixed exchange rate policy has adversely affected Germanyâ€℠¢s ability to export agricultural, mining and industrial products today. Detailed Overall Planned Structure of Dissertation The proposed structure of the dissertation is based purely on secondary research data. In gathering related literature for this research topic, the researcher utilized the available books and other academic research materials and journals from the library of ____________(insert name of school) on top of the electronic reading materials which can be easily located using the Internet. In providing the readers with a better idea behind the need to introduce a single EU currency among the members of the European Union, the introduction part identified the 27 countries that agreed to become a part of the European Union. Aside from discussing the main purpose of conducting a literature review on this subject matter, the introduction part also provided a clear explanation behind the need to implement the Euro currency back in 1999. Since this study aims to determine t he economic implications of using EU’s single currency on German economy, the body of this research paper focused on addressing the research questions which served as a guide in conducting a literature review on this subject matter. In line with this, the body of the research paper includes determining the negative effects of introducing a single Euro currency on Germany’

Literature- Discussing Questions 1 Essay Example | Topics and Well Written Essays - 1000 words

Literature- Discussing Questions 1 - Essay Example She appears plain and hard-working in this first scene. Henry and Elisa seem to be a â€Å"settled† couple. He cares how she feels and she cares for him also, but there seems to be no passion there. Instead they are good friends, but not intimate in the sharing sense of the word. She does not want him to know about the mums. He seems to value her skills and strength, rather than her femininity, and he says she looks â€Å"nice†, not beautiful. The salesman takes and interest in order to establish rapport, and to get some work from her, plus a flowerpot he can sell. She is taken in, believes his story and thinks he has a genuine interest in her flowers. It is her specialty and she loves feeling like she is sharing it. (Ten inch mums are huge.) The first paragraph describe Elisa’s feeling about her life: closed in, grey and damp, waiting for something to change. She is isolated and her life is quite limited and simple, as opportunities for women of that time were very limited.The valley is ready to sleep through the coming wionter in anticipation of spring, but Elisa has passed her chance at spring and new blooms. She lives that part of her life through her flowers. 5 How might Elisas preparations for going out for dinner be likened to her care for the chrysanthemums? Explain Elisas response after seeing her seedling chrysanthemums have been tossed out onto the road. Elisa’s preparations for going out to dinner are meticulous and thorough. She does not only care for her own body, but for her husband’s clothing too. When she is done bathing she surveys the results and then dresses. She is as careful with her flowers, as we see in the first scene and she tells us with her directions to the salesman for taking care of them. She packed the seedlings with great care for him to take to the fictional client. She realizes that he has manipulated her and just wanted the money and the flower pot, which she notes that he

Understanding American culture Essay Example for Free

Understanding American culture Essay I was 18 years old when my father decided to send me to America and to cover the traveling expenses, my father sold his land. At that time, my future looked so bright. Studying abroad was such a big deal to most Afghans not only on account of the cost that it entailed but also of the social prestige that went with it. My family then was living in a place called Macaroyain Community, a modern European-style, five-storey apartment complex in a three-square mile area complete with all the modern amenities. My family had high hopes for me and I felt like an adult with so many relatives sending me off the night before my departure. My brother had left for America two years earlier and even if I had never been away from my family for just a single night, I was unfazed. I had my brother to count on. I was jolted by culture shock the moment I arrived at the San Francisco airport. Nothing resembled anything that I was used to back in Kabul. The exposure I had had to American culture through the movies I watched back home and through the American friends of my uncles who came to Kabul hardly helped. Although I did well in high school in Afghanistan, I realized that the technical English I knew would not take me far. It was not even sufficient to enable me to convey my ideas correctly. To cope, I used to carry a Dari-English dictionary with me wherever I went. I must have been an unusual sight having to rehearse in my head what I wanted to say and, when at a loss for the right word, I would frantically scan my dictionary. It was so comforting for me whenever the fellow I was speaking to would be considerate enough to wait as I groped for the correct word. It felt so embarrassing to be holding up the line at the grocery store or in the convenience store. The majority would wait sympathetically while a few would show their impatience and irritation by ill-concealed gestures. Basic differences between English and Dari worsened matters. Robson and Lipson highlights the difficulties of Afghans in their observation that â€Å"Dari and Pashto both put direct objects before the verb (John Mary saw), whereas in English, we put direct objects after the verb (John saw Mary). † (Cross-cultural Adjustments and Challenges,Grammar) At the same time, I also had trouble with â€Å"th† sounds, like â€Å"th† as in thank and this, and with the distinction between w and v as in wine and vine. † (Pronunciation) My difficulties with English pronunciation and the frustration I felt when I could not be understood increased my homesickness. It also heightened my awareness of being different, my being a foreigner, my being from another culture. I truly wanted to be assimilated into American culture. Try as I did, my efforts seemed to backfire. Instead of making me blend into American culture, my persistent attempts to speak the English language like an American made me so self-conscious of my â€Å"otherness† that I often had the feeling that I was in effect isolating myself. Fortunately, most Americans I made contact with had the patience to adjust to my language difficulties. Perhaps, the fact that America is the melting pot of almost all cultures around the world made my problems very commonplace. With a lot of people of different nationalities arriving in America as tourists or immigrants, it is no longer uncommon for Americans to encounter people from different cultures. Looking back, I realize that I found strength in being with students from other countries when I started taking English as a Second Language course at Heald College. There were also Asians who, like me, were doing their best to get assimilated in the American way of life. Aside from this motley group of foreign students, the small community of Afghan students in the Bay Area offered some kind of psychological crutch. I was given a lot of advice and tips about how to go about with my new life in America. Their suggestions, though well-meant, ended up confusing me as some turned out to be contradictory. For example, a few advised that I should discreetly try to make inconspicuous my Afghan traits when I am with Americans in order to get assimilated quickly. On the other hand, others would say, it is pointless to hide my Afghan origins as it would always show up in one form or another. I attended school all day and spent the nights and week-ends working as a busboy and then as a waiter in a restaurant close to our apartment. Every Sunday afternoon, an uncle would take me to Alameda City to play volleyball with friends who are mostly Afghans themselves. After the game, we would go to a restaurant and have dinner together. This was a welcome treat for me. In their company, I was able to relax and have a good time. I didn’t have to exert extra effort to reach out to another culture. I felt at home and the feeling of belongingness was such great comfort.

Body Dysmorphic Disorder Essay -- Differential Diagnoses

Regina is a teenager who’s living in a college dorm. When she was younger she broke her nose and afterwards a tiny bump remained. By the time she was a legal adult, Regina thought she had a facial deformity. She became obsessive and refused to go in public. Even after she underwent plastic surgery she still found something else wrong with her face. All this (along with other symptoms) has led me to diagnose Regina with body dysmorphic disorder. People who suffer from body dysmorphic disorder exhibit certain symptoms. Some of these include social isolation, seeking surgery, camouflaging (trying to hide their perceived flaw with clothes, makeup, etc.), and comparing body parts to other peoples appearances (American Psychiatric Association, 2013). Regina first thought the small bump on her nose was a monumental flaw that had to be corrected. Without that fix, she became socially isolated and wore clothes (giant sweatshirts and hoodies) that would cover up this perceived imperfection. Furthermore, Regina couldn’t face â€Å"normal† looking people. She compared herself to others and deemed herself a â€Å"hag.† Everyone else was so much better looking and she was too ugly to be seen in public. After her surgery she began to act normal again, but only for a short while. Soon after she thought her forehead was rife with â€Å"worry lines.† She begged her parents to pay for more plastic surgery, which t hey declined. She even went to great lengths and opened a credit card account to pay for the surgery. Now Regina is in the unfortunate position of not being able to keep up with all her bills. Even after all that, she’s still obsessive and has started to skip college classes. All of this due to her â€Å"appalling† wrinkles on her forehead (which others do... ...things they found positive and attractive about her appearance. I would try to introduce her to positive things (such as small social outing with friends and family) to try and get her to change how she responds around others. Slowly, I would introduce Regina back to her college campus and try to show her that it’s only her way of thinking that is causing her disorder (since no one else can see her flaws). My main goal of treatment is to get Regina away from her harmful thoughts and see her in a positive light. Cognitive therapy is all about changing thoughts and emotional responses. Hopefully though repeated effort and altering her thoughts to positive ones, Regina could begin to recover. Works Cited American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders. (5th ed.). Washington, DC: American Psychiatric Association.

Technology in the Classroom Essay example -- Education Teaching

Technology in the Classroom Almost every single occupation in today’s working world is impacted by technology in one form or another. As I have grown as a person and a student, I have noticed the obvious impacts and changes technology is taking on in education. These changes and impacts are both positive and negative to the children, young adults, and adults who are pursuing technological opportunities. In The Art of Fiction, John Gardner said, â€Å"The business of education is to give the student useful information and life-enhancing experience, one largely measurable, the other not†¦Ã¢â‚¬  One of the main reasons technologies are becoming so popular in today’s education is because it is introduced to children at any earlier age than every before. â€Å"Ninety-nine percent of all elementary and secondary schools in the United States have installed computers.†[1] Students are encouraged to research by using the internet for book reports, making banners or signs for science fairs, and typing their paper for an essay. I believe it is important for students to be introduced to this at an early age. I also believe that they get a well grounded understanding of the â€Å"important† reasons to use a computer. So many children get caught up in games, email, chat, and music because they may spend too much time on a computer. These things are okay to an extent, but they should really learn from an early age the true importance of technology in education. Technology is a major focus when discussing the ways to improve schools in the future. Because students are now becoming extremely educated when it comes to technology, school districts are now making it mandatory for teachers to be knowledgeable when it comes to technology, no mat... ...d not just be exposed to computers and the internet without some simple base knowledge. They need to understand the dangers that chat rooms, email, and â€Å"free† sites can have. Along with students, teachers and professors should be aware of what their students are accomplishing while using these various forms of technology. Not only will technology in the classrooms benefit their users in the present, but it will aide them when finding a job in the future. Technology is such and important part in education and it is only getting stronger. [1] Computer Confluence George Beekman Pg.419 [2] A Vision for Technology in Education http://www.nsba.org [3] Will Technology Really Change Education? Authors: Todd W. Kent and Robert F. McNergney 1998 http://www.ecsu.ctstateu.edu [4] http://nces.ed.gov [5] Computer Confluence Author: George Beekman Page 426 Technology in the Classroom Essay example -- Education Teaching Technology in the Classroom Almost every single occupation in today’s working world is impacted by technology in one form or another. As I have grown as a person and a student, I have noticed the obvious impacts and changes technology is taking on in education. These changes and impacts are both positive and negative to the children, young adults, and adults who are pursuing technological opportunities. In The Art of Fiction, John Gardner said, â€Å"The business of education is to give the student useful information and life-enhancing experience, one largely measurable, the other not†¦Ã¢â‚¬  One of the main reasons technologies are becoming so popular in today’s education is because it is introduced to children at any earlier age than every before. â€Å"Ninety-nine percent of all elementary and secondary schools in the United States have installed computers.†[1] Students are encouraged to research by using the internet for book reports, making banners or signs for science fairs, and typing their paper for an essay. I believe it is important for students to be introduced to this at an early age. I also believe that they get a well grounded understanding of the â€Å"important† reasons to use a computer. So many children get caught up in games, email, chat, and music because they may spend too much time on a computer. These things are okay to an extent, but they should really learn from an early age the true importance of technology in education. Technology is a major focus when discussing the ways to improve schools in the future. Because students are now becoming extremely educated when it comes to technology, school districts are now making it mandatory for teachers to be knowledgeable when it comes to technology, no mat... ...d not just be exposed to computers and the internet without some simple base knowledge. They need to understand the dangers that chat rooms, email, and â€Å"free† sites can have. Along with students, teachers and professors should be aware of what their students are accomplishing while using these various forms of technology. Not only will technology in the classrooms benefit their users in the present, but it will aide them when finding a job in the future. Technology is such and important part in education and it is only getting stronger. [1] Computer Confluence George Beekman Pg.419 [2] A Vision for Technology in Education http://www.nsba.org [3] Will Technology Really Change Education? Authors: Todd W. Kent and Robert F. McNergney 1998 http://www.ecsu.ctstateu.edu [4] http://nces.ed.gov [5] Computer Confluence Author: George Beekman Page 426

Health Care Financial Terms Worksheet Essay

Understanding health care financial terms is a prerequisite for both academic and professional success. This assignment is intended to ensure you understand some of the basic terms used in this course. Complete the worksheet below according to the following guidelines: In the space provided, write each term’s definition as used in health care management. You must define the term in your own words. In the space provided after each term’s definition, summarize a health care management scenario that illustrates the importance of the skill, concept, procedure, or tool to which the term refers. In the scenario, you may wish to consider the following: Why is the skill, concept, procedure, or tool necessary for accurate record keeping, operational efficiency, excellent patient services, employee management, regulatory compliance, reducing costs, forecasting, and so forth? What successes are enabled by an adequate understanding or appropriate application of the skill, concept, procedure, or tool? What risks or failures are associated with an inadequate understanding or inappropriate application of the skill, concept, procedure, or tool? Save the completed worksheet as a Microsoft Word document with your name in the file name. Submit the file to your instructor. Worksheet Submitted By: Term Definition Scenario Capital expenditure budget A budget that can cover one year or multiple years and has a more futuristic view. If the economy is expected to go into a recession that may last several years a company may need a capital expenditure budget. One that may show a plan for the financial survival over the next few years. Things like plans to spend less on expensive or unnecessary supplies or switch to more generic brands are good examples of what could be taken into consideration when making a capital expenditure budget. Direct cost Cost that is directly related to the production of goods or services. Costs related to Materials used for production or labor costs are examples of direct costs because they are directly related to producing goods or services. Flexible budget Budget that is made by using budgeted revenue and cost amounts and can be adjusted according to expected outputs. If a business has had busy Summers in the past and may have another busy Summer they may want to plan for a higher workload and more staff. This requires them to have a flexible budget so they can adjust the budget according to the rising activity level or volume of business. Operating budget Budget that deals with short term revenues and expenses that are needed to keep an organization operating. When a business needs supplies to be able to provide services and needs to pay staff to provide services as well the money that is being spent on the wages of the staff and the supplies is part of the operating budget because those things are needed to operate the business. Responsibility center Center that is responsible for managing costs or costs and revenues. Cost centers are responsibility centers that are responsible for costs and profit centers are responsibility centers that are responsible for managing revenues and costs. Being responsible makes them â€Å"Responsibility† centers.