Sunday, February 23, 2020

Introduction to business law Coursework Example | Topics and Well Written Essays - 1750 words

Introduction to business law - Coursework Example It can be gleaned from the communications made by herein parties their intention to enter into a contract. Under s.64 of Restatement, acceptance given by telephone or other medium of substantially instantaneously two-way communication is governed by the principles applicable to acceptances where the parties are in the presence of each other. Hence, if Eddie had intended to revoke the contract, he should have manifested the same on Tuesday. In the case of Megalift v Terminals [2009] NSWSC 324, the court ruled that both parties were already in negotiation, discussing terms and details such as transportation and delivery. These conversations involved quotations and although no fixed price was agreed upon, it was nonetheless a contract, which was legally binding. Moreover, her Honour disregarded the quotation for the purpose of a budget only. This did not prevent the parties from contracting. Answer to question # 2. Unfair Contract Terms Act 1977 (UCTA) places a number of restrictions on the contract terms businesses can agree to. Specifically, it lays down rules for the ways in which vendor businesses can use exclusion clauses to limit liability in certain areas. (Business Link, Buyers' terms and conditions and unfair contract terms). The business selling the goods or services isn't allowed to exclude liability for: death or injury - under any circumstances, losses caused by negligence - unless to do so is 'reasonable' and defective or poor quality goods - unless to do so is 'reasonable' (Ibid.) Liability for negligence that causes other types of damage are subjected to a test for â€Å"reasonableness† (Alistaire 2009, Exclusion clauses and unfair contract terms Part  2). S.2(1) of the UCTA states that â€Å"A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.† Under s2(1) no one acting in the cou rse of a business can exclude or restrict his liability in negligence for death or personal injury by means of a term in a contract or by way of notice (Law Teacher 2011, Exclusion and Limiting Clauses). Bambi cannot make reference to the notice on the desk that excludes or restricts its liability in case of claim for damages resulting from its negligence. UCTA is the main statutory provision, which regulates exclusion clauses and can either render a term effective, ineffective or subject to the test of reasonableness. It applies to business liability as between businesses or a business and a consumer. Therefore, if parties are not acting in the course of a business, say for example a contract between two private individuals, they can exclude liability. UCTA applies to exclusion clauses in the course of a business in three situations:1. Negligence 2. Consumer 3. Standard Term Contracts (Gillhams Lawyers 2008, Business and Commercial Contract Terms). Negligence is failure to use reas onable care. It is the doing of something which a reasonably prudent person would not do, or the failure to do something, which a reasonably prudent person would do under like circumstances. It is a departure from what an ordinary

Friday, February 7, 2020

Anwar Elsadat Essay Example | Topics and Well Written Essays - 250 words

Anwar Elsadat - Essay Example The second figure was Kemel Ataturk, who is known to have created the modern state of Turkey, by liberating it from the Ottoman Empire. Ataturk managed to lead Turkey from colonization and mainly, for impressively establishing a number of crucial civil service reforms. This shows that Sadat admired leaders who put citizen interests first. The third figure was Mohandas Gandhi. While touring Egypt in 1932, Gandhi preached what he was famously known for, the power of peaceful fight for justice. This shows that Sadat was an admirer of people who advocated for peace in combating a vice in society. The final figure was Adolf Hitler, and this was because Hitler was a rival to the British. Sadat was an anti- colonialist, thus he hated the British for what they were doing to his fellow countrymen (Meital 12). Sadat attended a military school, where he was taught math and science, and learned to analyze battles. This shows that Sadat was exposed to military training at a very young age, and was among the very first to have this privilege. His postings due to military training led him to meet with other young officers including Gamel Abdel Nasser, who was to become the first president of Egypt. Sadat with his revolutionary group, was determined to overthrow British rule. His active participation landed him in jail twice. Later on after taking over as president, Saddat at the aftermath of the Six Day War with Egypt, offered Israel a peace treaty. Here, we see how Sadat emulated his mentors. By going to jail due to his liberation efforts, he emulated Zahran’s courage, and by building Egypt and his efforts pertaining to the Suez Canal, he emulated Ataturk. By negotiating a peace deal with Egypt, he demonstrated his love for peace like Gandhi, and by his passionate dislike of the Britis h, he emulated his mentor, Hitler (Meital