Legal Aspects of Project Management

Legal Aspects of Project Management 1. Introduction to the contract law Law of contract: The law of contract is the study of legal principles which underlie all contracts; it is not concerned with particular types of contracts and their specialized rules (Koffman and Macdonald 2001). What contract laws do? This can be briefly explained as follows: Agreement is formed between two parties, when some disputes between the parties arise over the agreement, then one or both parties’ initiates the judicial process. Then the judicial applies the rules of the contract law like first they check with the formation and vitiation of the project and adds on the identification and interpretation of the express terms in the contract and check for the terms included in the contract, from that all they subtract the invalid expressions and terms and finally they look for the remedies of breach and gives the result. Though the contract law basically stands on the basics of the agreement of the parties, the result is completely based on the process of judicial application of the contract law. Purpose of contract law: Butterworths states that contract law has many â€Å"purposes†, but the central one is to support and to control the million of agreements that collectively make up the â€Å"market economy†. (Turner C 2006) Based on the knowledge of law of contract, Legal advice will be given to the two cases in the assignment. Firstly, Nancy and Andy case, Andy is advised whether Andy is eligible to clam the reward  £3000 announced by Nancy for safe return of her dog, which Nancy has refused to give to Andy even after safe return of her dog saying she have never made that offer to him as a individual. Then in Finewines Ltd case, where the company could not fulfill all the customers, supplying there orders, as they don’t hold sufficient stock and Adam is advised whether the disappointed customers might have a valid claim against their company. 2. Nancy v Andy Case 2.1. Brief introduction of the case. Nancy owns a pet dog called Rombo one day she find it missing, then she placed an advertisement in the journal stating â€Å"MISSING DOG, OFFER OF REWARD† and she also stated that â€Å" I am offering  £3000 for its safe return†. Looking at the advertisement one person named Andy remembered that he saw the similar dog roaming in the nearby park and the next day he caught the dog and returned the dog to Nancy and remembered her about the offer she mentioned in the advertisement, in reply to that she said â€Å"stop being so silly, Andy! I have never made the offer to you as an individual† and said him to leave the house. Andy has to be advised whether he is entitled to  £3000 reward. 2.2. Legal issues arising in the case The main legal issue in the case is, whether Nancy is subjected to contract with Andy to pay him  £3000. In order to solve the above legal issue we have to checkout the main elements of the contract in the case. Let the elements we are mainly going consider be offer, acceptance and intention to be legally bound. 2.3. Legal research related to the case. Contract: â€Å"A contract is an agreement between two parties by which both are bounded in law and which can therefore be enforced in a court or other equivalent forum† ( Turner C 2006), The person who places the offer is known as offeror and the person who accept the offer is an offeree. We have two different trems to be known, they are offer and acceptance(accept). This are the two main elements in a contract. One way of classifying contracts is according to whether they are ‘bilateral’ or ‘unilateral’. Bilateral contract: In bilateral contract a promise by one party is exchanged for the promise of the other party (Duxbury R 1997). Where the both parties are bind to the contract. Unilateral contract: In unilateral contract one party promise to do something in return for the act of the other party, the act is defined by the party makes the promise (Duxbury R 1997). From the above definition we know that the case we are dealing (Nancy Andy) may comes under unilateral contract. Nancy is the party who sets the contract, by makes the promise of offering  £3000 for the safe return of the dog. Here safe return of the dog is the act set by Nancy. Offer: An offer is a legal commitment, a proposal which invites, indeed presupposes, eventual acceptance. (David Oughton Martin Davis 1997). The person who sets the offer is known as offeror and the person who accepts to the offer is known as offeree. Offer may be addressed to one particular person, a group of people or the world at large, as in an offer of a reward (Duxbury R1997). In this case the advertisement made by Nancy can be considered as an offer and Nancy as an offeror and Nady is the offeree, the offer is an offer of reward which is addressed to the world at large. Acceptance: Acceptance may be defined as an unconditional assent, communicated by the offeree to the offeror, to all terms of the offer, made with the intention of accepting (Duxbury R 1997). Acceptance in unilateral contract: Acceptance of a unilateral offer need not be communicated, because performance is the same as acceptance (Carlill v Carbolic Smoke Ball Co.(1893) 1 Q.B 256 Turner C 2006). Intention to be legally bounded: The court have recognized that some agreements, by there nature, are not intended to be legally binding (Duxbury R 1997). The agreement does not become a binding contract unless the parties have shown, expressly or by implication, that they intended to create legal relations: Rose and Frank v. Crompton Bros Ltd.[1923]. (W T Major 1993). Lindley LJ relating to the case Carlill v. Carbolic Smoke Ball Co.[1893] 1 Q.B 256 says that we have to first consider whether the advertisement was intended to be a promise at all, or whether it was a mere puff which meant nothing. His answer for the question â€Å"was it a mere puff?† was No, he has made his answer upon the passage in the advertisement â€Å" £1000 is deposited with the Alliance Bank, shewing our sincerity in the matter† where this statement clearly their promise (Burrows A 2007). The same question arises that whether really Nancy has given that advertisement to create a legal relation. The statement in the advertisement does not really promise that Nancy will be surely paying the reward to the person who brings her dog safe to her. In advertisements the court will look for the intention of the offeror in making the advertisement. As in the case of Carlill v. Carbolic Smoke Ball Co.[1893] 1 Q.B 256. Therefore in this case, the reward Nancy has mentioned in her advertisement is â€Å"mere puff† and is not intended to form the basis of a binging contract (Duxburg R 1997). 2.4 Summary of the legal research. All the basic elements of the contract have not fulfilled to bind a contract. The offer made is not bind to the intention to be legally bounded and its mere puff. So a binding contract is not formed. 2.5 Legal advice to Andy The advertisement given by Nancy in the newspaper is an offer of reward which is opened to the world which is a unilateral offer and the sentences of the offer are so vague as they do not mention about for how long is the offer is and there is no promise made regarding the reward. In the case of unilateral offer the acceptance is considered when the person starts the work as mentioned in the offer and there is no need to be any communication between the offeror and the offeree (in this case Nancy and Andy respectively). Thus acceptance has occurred when Andy started to search the missing dog of Nancy. Then when it comes to the reward in the advertisement Nancy had not made any promise that she will be giving the reward amount of  £3000in the advertisement. So Nancy really does not intend to be legally bonded. Though Andy performed according to the offer it has got no value. Thus a full binding contract is not formed between Nancy and Andy so Andy does not have any valid clam against Nancy to clam for the reward. 3. Finewines Ltd Case 3.1. Brief introduction of the case Finewines Ltd is an importer and distributor of fine wines, based in Sunderland, as a part of there sales strategy had distributed their monthly catalogue containing a list of wines and there prices to there customers. One among the list was White Australian wine for  £75 per case. Looking at their catalogue ten of their customers had ordered for 100 cases of White Australian wine each, then Finewines Ltd realised that they do not hold that amount of stock to fulfil all the customers, all they have is only 500 cases of that White Australian wine as they did not excepted that sort of response that month and it had never occurred earlier and the general manager Adam want to know whether the disappointed customers hold any valid clam against them. 3.2. Legal issues rising in the case The main issue is the whether the customers of Finewines Ltd have a valid claim against them. To solve the above issue we have to find whether the catalogues sent to the customers by Finewines Ltd is on offer or invitation to treaty. 3.3 legal research related to the case. Distinguish between offer and Invitation to treaty: An offer is an statement or expression of willingness to contract for certain terms, where it requires only an acceptance to form a binding agreement and it must be distinguished from all other statements which are made in the course of negotiation in forming a contract: only a offer has a capability to transfer in to an contract. The most common statements that have to be distinguished from offer are an invitation to treaty. The technical definition for invitation to treaty is the statements indicating the maker’s willingness to receive offer (T A Dwones 1997). In this case the Finewines Ltd. company have sent their customers a catalogue which contains a list of wines and there price. The is no statement which is as define in the above sentence for an offer, so there is no statement of offer which could imeditally convert in to an contract, therefore it can be merely an invitation to treaty. Finewines Ltd sent the catalogue as their sales strategy to customers to receive offer from the customers. This is supported by Grainger Sons v Gough [1896] AC 325. In the context of the distributed prise list which is similar to the distribution of the catalogues by Finewines Ltd, Lord Herschell said that the point was made that the supplier will not want to become bound to sale more of a particular item he can supply, which could occur in the prise list (or advertisement) was considered as an offer (Rowland D Macdonald E 2005). Second, relating to the order placed by the customers of Finewines Ltd, in a similar case of invitation to treaty which is the case of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401, where the goods displayed is considered as invitation to treaty and Lord Goddard CJ’s decision states that the display was not an offer, where it was the customer who was making an offer to buy (Burrows A 2007). Similarly in this case the catalogue is not an offer and the order from the customer is the offer now it’s to the Finewines Ltd to accept the offer from the customers. 3.4 Summary of the legal research The catalogue containing the price list of the wines does not form an offer, it’s an invitation to treaty and the orders from the customers based on that catalogue are the offers. 3.5 Legal advice to Adam Finewines Ltd, an importers and distributor of fine wines has distributed their monthly catalogue containing the list of wines and their prices to their customers as their sales strategy, which is an invitation to treaty from the Finewines Ltd and the orders from the customers are the offers and it’s the Finewines Ltd to accept the offer that they can do as per the company norms if they have such as first come first serve, last come first serve etc., thus an contract is not formed in between the customers and the company till now so the disappointed customers do not hold any valid clam against Finewines Ltd. References Koffman and Macdonald (2001). The Law Of Contract. 4th ed. Surrey: Tolley. Mindy Chen-Wishart (2005). Contract Law. Oxford: Oxford. Chris Turner (2006). Unlocking Contract Law 2nd ed. London: Hodder Educations. Robert Duxbury (1997). Contract In Nutshells 4th ed. London: Sweet and Maxwell. David Oughton and Martin Davis (2000). Source Book on Contract Law 2nd ed. London: Cavendish Publishing Ltd. T A Dwones (1997). Text book on contract. 5th ed. London: Black Stone Press Ltd. Chris Turner (2006). Contract Law 2nd. London: Hodder Educations. Andrew Burrows (2007). A case book on contract. Oxford: Hart Publications. Diane Rowland, Elizabeth Macdonald (2005). Information Technology Law. (http://books.google.co.uk/books? id=-VtTiR8niBECpg=RA10-PA273lpg=RA10-A273dq=grainger +%26+ sons+v+gough+1896+ac+325source=webots=6zk75i6NHksig=JfG3JbLF9eWRFibj-iDWS8fgE4Yhl=en) Table of cases Carlill v. Carbolic Smoke Ball Co.[1893] 1 Q.B 256 Rose and Frank v. Crompton Bros.[1923] Grainger Sons v Gough [1896] AC 325 7 Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401, 7

My Life in the Light of the Rule of Benedict

We live in a time impatiently dashing towards the next. Ours is a society plagued by the need to move on without resolving issues of the here and now. We readily throw objects for the latest, and within the same breath complain that things are not the way they used to be. We so willingly burn bridges, and under the same lifetime demand for meaningful and lasting connections. Our lives are imbalanced and devoid of meaning because we are so caught up in the demands that society imposes upon us. And at the end of each day we feel so empty and restless, longing for something more. The good news is that meaning and purpose can be found for those who truly want it in their lives and are willing to do what it takes to find it and keep it. The book of St. Benedict was written some 15 centuries ago. But it finds place even in modern times. The precepts that it gives are enduring for those who want to find a semblance of spiritual peace in our chaotic and often uncertain world. The book is mainly about how man can strike a balance between his work and his spiritual life of prayer and meditation. This work of St. Benedict, which was written in the Middle Ages, became the foundations of the monastic life, where men of God were men of the world as well, doing menial jobs even as they tend to their spiritual lives. St. Benedict’s philosophy revolved around three main concepts: peace, pray and work. That in spite of the daily grind and drudgeries of our existence, we can all strive to find peace in our lives through finding time to pray and sanctify all our daily activities. He believes that the men of God should never turn their backs to the world and their responsibilities to their communities because a life of prayer without the actual good work that benefits other people is useless. Our duty as Christian is two-fold, the daily worship of God and the daily service to mankind. In every aspect of living, there is a way to find balance and address these two things at the same time. The wonderful thing about The Book of Benedict is that while it deals with profound issue of faith and grace, it also has practical advices on how to observe them in the real world. Balance and moderation is the key to a peaceful and content life. We must never be tempted to excesses and overindulgence. In food, two of a kind is sufficient so that if a person does not eat one, then there is always a second option. In my life I make it a point to enjoy my food, the key to feeling food is to savor every bite and celebrate the blessings that it represents. There are some cases when celebrating through food is well-deserved, but still, it should be taken in moderation. As St. Benedict said, â€Å"For nothing is so contrary to Christians as excess, as our Lord saith: ‘See that your hearts be not overcharged with surfeiting’ (Lk 21:34).† I have realized that food, to be truly enjoyed need not be taken in excessive amounts. The secret is in learning how to delight in and appreciate each small bite of food. In terms of clothing and other possessions, the same principle of moderation and appropriateness should apply. The clothing that we buy should be suitable to its use and to the climate of the place that we live in. Circumstances and not wants should dictate our choice of the clothes to buy. Of course every article of clothing should be tasteful in design, never ostentatious and ornamental, but tasteful and practical. And for those who have too much should give them away to the less privileged so that other people can find use for them. Looking at St. Benedict’s philosophies of moderation and appropriateness, I have realized that the tendency to hoard and acquire more material belongings is at the very heart of the loneliness that afflicts most of us. We are never happy with what we have, always wanting more in an effort to cover up the emptiness that we feel. The sad truth is that most of us look outside ourselves for answers, when all that we could ever need has been laid out in front of us. All that is needed is that we spend the time to look at all the blessings that we have and give thanks for them. My life is dictated by duties and responsibilities. But I know the value of prayers in my life. I make the time to attend to matters of my soul, even as I try to fulfill my duties to my family and my community. I have realized that I have everything I need to have a happy and full life. It is just a matter of changing how we look at our lives. If we continue to define our lives by what we do not have, then we shall never be content even while we are drowning in material possessions. The grace to have a grateful heart can only be achieved through constant prayer, and while my day is filled with things to do, I make it a point to make prayer a necessary habit. Indeed the secret to a happy life is no longer a secret. St. Benedict has long given us the power to define our own lives. Our lives may be filled with the realities of work and responsibilities, but in prayer we find a safe haven where we can find peace and the strength to carry on with what needs to be done for the day.

Choosing Good Mee Essay Topics

Choosing Good Mee Essay Topics The Good, the Bad and Mee Essay Topics Bear in mind you can make funny argumentative essays if you do a few things. Bear in mind that you have to reveal the best about yourself. Words if stated the incorrect way can deviate from your idea, even if you didn't mean it that manner. There are lots of things to argue when it regards the law. There are just a few things that define whether an essay you're working on is going to be a good one. There are a few thumb rules for argumentative essay subjects to prevent clashes, yet earning a point at the exact same moment. You should participate in far-reaching investigating to cover all facets of this issue and all point of views by different folks. The truly amazing thing about science is there are so many topics you are able to write about regardless of which course you're taking. The Essentials of Mee Essay Topics That You Will be Able to Learn From Starting Immediately Choose something you're ready to discuss or describe and something which will present your good qualities to your teacher. In an academic setting, but the paper ought to be formatted and organized in line with the corresponding standards without the usage of informal languages like slang or jargon. The very first point to do is become a specialist on the subject as you'll be expected to understand th e the inner workings of the subject you're debating about. When it can be difficult to inspire children to compose essays, the trick is to introduce subjects or issues which they are interested in. Mee Essay Topics - Overview You need to make certain your paper does not have any grammar issues when you submit it. If your work isn't structured correctly, you might wind up getting a very low grade even if your paper is great. The structure is everything when it has to do with a science paper. Aside from taking a look at sample papers and examples, you may also ask your teacher if you don't know how to structure your paper. Social science essays offer you an opportunity to present your opinion and speak up. Studying should consist of task of essay that argues a specific idea. You must have skills to compose a fantastic essay. Allow the professional academic writers help to your informative paper! Analyzing a present event appears to be a favorite topic chosen for argumentative essays. A thesis has to be arguable like in an argumentative or persuasive essay to create the readers wish to debate. There are several interesting and challenging Shakespeare essay topics to pick from. The 30-Second Trick for Mee Essay Topics Think of one school rule which you really dislike. The teachers don't always assign the specific topic. Think of what you could do in order to make your school more beautiful. Think of one thing you're expected to learn in school that you don't think ought to be included in the curriculum. Controversial issues are happening all of the time, all you have to do is turn on the news and you'll be able to locate a vast choice of topics to pick from. Showing awareness about recent changes in this issue you're writing on is very critical to win a great grade. Once you choose a topic, you must reply to the query and after that substantiate your response with three or more motivations as to why you think like that. So be sure you decide on a subject, which has values in it. Despite the fact that Conflicts isn't highly-tested, when it's tested it is often tested in consecutive decades. You also need to pick issues that you've got a wonderful interest in. Civil Procedure is just one of their favorites. You may always structure your issue so that it's unique to the argument which you're proposing in your essay. It's needless to say that you should go for a subject that you regard as interesting. Writing prompts are among the best strategies to create confident writers who take pleasure in the procedure. Life is much better than it was 50 decades ago. The Meaning of Mee Essay Topics Textbooks ought to be free. Education scholars are continuously evolving the way that they think about how we learn and what's taught. Students may write informational essays numerous ways. They will find it easier to write about topics that they are interested in, and it will make the researching process much simpler. Think about a few teens you know. You've undoubtedly taken lots of exams in law school testing the precise skills needed for the MEE. Sometimes teachers give individual topics to every student, and at times they don't. You cannot permit your grades suffer just because of a couple challenges.

Personal Privilege, Privilege And Privilege - 843 Words

Personal Privilege Personal privilege is privilege one receives based on unearned qualities such as skin color, gender, socioeconomic status, demographics, or cultural characteristics (Lee, 2007). Being White and growing up in a predominately White community limited my exposure to other cultures and races. While I was limited to my exposure to other cultures and races I have become aware of White privilege and who it influences interactions with different races and cultures. Whites tend to view â€Å"their own beliefs and actions as normative and neutral† (Hays Chang, 2003, p. 135). This action influences and limits the cultural and racial interactions Whites experience (Hays Change, 2003). Due to working in a predominately White community it can be easy to forget the importance of establishing racial and cultural differences with clients. Continuing education is exceptionally important in continuing one’s multicultural awareness. As a supervisor this will be my duty to instill this imp ortance into my supervisees (Hird, Cavalieri, Dulk, Felice, Ho, 2001). Nature of Oppression Lee (2007) defined oppression as when â€Å"people are denied access and equity that ensure full participation in the life of a society they experience oppression† (p. 2). Those with personal privilege may be at guilt for oppressing others intentionally or unintentionally. While I do not believe I have ever been oppressed or contributed to the oppression of another I know our society is not free fromShow MoreRelatedPersonal Statement On Unearned And Privilege1826 Words   |  8 PagesThis was my initial time completing the Starting Line Exercise, and it truly opened my eyes to the idea of unearned verses earned privilege. Throughout the exercise there were several statements that I had never really thought about being related to unearned privilege. 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