Wednesday, November 27, 2019
he Differences between Conditions, Warranties and Intermediate Terms in Contract Law Essay Example he Differences between Conditions, Warranties and Intermediate Terms in Contract Law Essay he Differences between Conditions, Warranties and Intermediate Terms in Contract Law Essay Name: Course: Lecturer: Date: The Differences between Conditions, Warranties and Intermediate Terms in Contract Law Introduction The law of contract can be described as a legally binding agreement between two or more parties (Stone 5). In the contract, there are usually promises made by the parties in which every party is expected to complete there end of the deal. These promises can be divided into three terms namely conditions, warranties and intermediate. A condition can be described as a term that goes to the root of the contract and non performance of it may lead to the plaintiff getting all the damages (Law of Contract Part 4 471). A warranty is an assurance by one party that a condition is true or it will happen. However, it is not essential, but breach of the contract will result to damages. These are terms which can not be described whether they are warranties of conditions. In case of a breach of a contract, the court has to define the seriousness of the breach instead of classifying whether it is a condition or a warranty (Stone 7). Therefore, this paper is about the difference between these three t erms. Discussion The first difference between the three terms is the seriousness of the terms in a contract. This is where the term is important to the case or not. The term condition is an extremely important term in the law of contract, and when breached it can lead to the plaintiff terminating the contract or claming damages (Collins 12). A warranty is not that essential to the contract as compared to the condition, but breach of a warranty can lead to the plaintiff claiming damages. Intermediate can neither be classified as a condition or a warranty. The court rules on the seriousness of the damages caused to the plaintiff. A good example of a case is Bettini versus Gye (1896). In the case, Bettini an opera singer entered into a contract with Gye where he was supposed to perform in a concert. The contract stated that Bettini was to arrive six days in advance for the concert. However, due to illness he arrived two days late. It was ruled that Gye did not have any right to repudiate the contract, but Bettini was to pay for any damages incurred due to his late arrival. This means that the term that instructed Bettini was to arrive six days in advance was not condition because it was a subsidiary of the main purposes that is performing in the concert (Law of Contract Part 4 473). In the case, performing in the concert was the condition while attending six days in advance was a warranty. Another difference is the remedy given to this three terms in case of a breach. In a contract, when a condition is breached the following remedies could be followed. The plaintiff could repudiate or terminate the contract. The plaintiff could sue for damages. In case of a breach if warranty the only available remedy for the plaintiff is suing for damages. Lastly, in the breach of an intermediate, the court decides based on the damage incurred by the plaintiff. It is clear that the two terms are not totally different from each other in relation to the remedies after a breach (LloydÃ¢â¬â¢s 32). A good example to show this is the case of Hong Kong Company Limited Versus Kawasaki Kien Limited (1962). In this case, Kawasaki entered into a contract with Hong Kong Fir Shipping Company for shipping services. Hong Kong was to provide Kawasaki with a ship in good service together with competent men. On the other hand, Hong Kong provided Kawasaki with a poorly serviced ship with incompetent men. This resulted in Kawasaki repudiating the contract. The court argued that the term, which insisted on seaworthiness of the ship, was neither a condition nor a warranty. This is because the term is too broad to be a condition or a warranty. Therefore, it was an intermediate. In this case, the court ruled depending on the damages caused to the plaintiff (Law of Contract Part 4 473). Conclusion Therefore, in the law of contract it is of extreme importance for parties of the contract to have knowledge of the different terms. This is because they can be devastated in case of a breach. For instance, the remedies for conditions, warranties and intermediate are totally different from one another. Additionally, it is crucial for the parties to fulfill their promises because it can lead to a lot of complications. In future, parties to the contract should be aware of the terms and their meaning incase of a breach. Additionally, they should avoid complication by fulfilling their promises in the future. Collins, Hugh. The Law of Contract. London, UK: Cambridge University Press, 2003. Print. Law of Contract Part 4. Construction of the Contract. LloydÃ¢â¬â¢s. LloydÃ¢â¬â¢s maritime and commercial law quarterly, Volumes 1979-1980. Charlottesville, VA: LloydÃ¢â¬â¢s, 2000. Print. Stone, Richard. The Modern Law of Contract: Seventh Edition. New York, NY: Taylor Franscis, 2009. Print.
Saturday, November 23, 2019
Ascaris lumbricoides Essays Ascaris lumbricoides Essay Ascaris lumbricoides Essay It focuses on the incidence of ascariasis among children which consist of the disease profile and corresponding medication or treatment. It also provides information the reasons behind acquiring ascariasis. Ascaris is a soil-transmitted helminth, which means that the soil plays a major role in the development and transmission of the parasite. It causes varying degree of pathology: 1.) intestinal irritation to the adult and 2.) other complications due to extraintestinal migration. Soil-transmitted helminth infections like ascariasis are diseases of poverty. They contribute to impairment of cognitive performances and growth of children. (Cabrera B. and De Leon B., 2004). Ascariasis is a disease of humans caused by the parasitic roundworm Ascaris lumbricoides. It is prevalent in tropical and sub-tropical regions where hygiene is poor. Ascariasis is most common in tropical areas with poor sanitation and in Asia, where farmers use human feces as fertilizer. In the United States, its more prevalent in the south, particularly among people ages 4 to 12 (L. Williams 2005). Experts estimate that 25 percent of the worldÃ¢â¬â¢s population plays host to the worm. In some underdeveloped countries, the prevalence rate of ascaris infection is a high 90 percent. In the Philippines, intestinal helminthiasis remains a major public health concern. In a study involving elementary school children in selected sites in Luzon, Visayas and Mindanao, the cumulative prevalence, which is the positivity for at least one type of STH infection, was 67%. A nationwide study also revealed that 66% of preschool children were infected with STH (de Leon and Lumampao, 2005), while a much recent study that served as a baseline for the Integrated Helminth Control Program (IHCP) ofÃ Department of Health (DOH) noted an overall cumulative prevalence of 54.0% and prevalence of heavy intensity infections of 23.1% (Belizario et al., 2009). As per UP National Institute of Health and Department of Health figures, 70 percent of the population has Ascaris. Ascariasis can be treated by the most common treatment which is the Albendazole 400 mg, Mebendazole (Alternative therapy), Vitamin A supplementation and Nitazoxanide. General Objectives: This study is designed to determine the medication of Ascariasis among children and its corresponding treatment. Specific Objectives: This study is delimited to one hundred childrenÃ¢â¬â¢s. Hypothesis: Null NO.1: Hypothesis free No.2: Hypothesis free NO.3: there is no significance difference in the incidence of Ascariasis among children and its corresponding treatment.
Thursday, November 21, 2019
Communication Theory Applying - Essay Example Many theories try to explain the enigma of relationships. The rules theory tries to understand the expectations that the two entities of a relationship have for their partner and how it affects relationships (Baxter, 289). The phenomenon of heterosexual relationships is uncovered through exploring the rules of interaction in relationships. Two research areas have been covered to try to decipher the rules of interaction and breakup. The two areas include the study of interaction rules, and the study of closed relationships. Here, the studies are carried out using information accounts of couples on why their relationships broke up. The study employed of the accounts given by the couples, the most prominent reason given was it was due to relationship rules when one party deviated from the norms of this set of rules since couples feel that the partner is obligate to fulfill these expectations (Miller, 171). In this study, we also realize that relationship differ with commitment. Expectat ions for couples in a marriage and a romantic relationship out of marriage are different. Complains of this two relationships are different since the roles of the parties are different in the two. Therefore, the reasons for their breakups are also significantly different. It is also revealed that women are more pragmatic on in relationship than males. Males are said to be entertain more the notion of true love and romance. They entertain fantasies on love and relationships than their female counterparts (Young, 4). The Structural Theory in Work Communication theories are also applicable in trying to understand the formation, and functions of structures in the society. The structural theory is a vital theory in trying to understand how societal hierarchies work and how they are formed. In theories of communication and sociology, structural theory is defined as the formation of social issues using the analysis of two factors that include structures and agents that lead to the formatio n of these structures. These two factors are indistinguishable in that they are a prerequisite of each other. Although the structure theory is considered complex, it gives valuable insight of work and life balance in an organization (Hoffman, Renee, 206). Communication is a key element, in the formation of societal structures and this is evident through the structural theory. In societies, structures are crucial since, without structures in place: there will be anarchy. It is in human nature to look for a leader, hence leading to the formation of a command chain. This translates to all areas of the human life, from the family to bigger social groupings like communities. These structures are also employed in the workplace where there is a structure of authority (Gilsdorf, 25). Structures come as result of the interaction between resources and rules. Rules are predetermined guidelines that may be learned through lifeÃ¢â¬â¢s experience or may be official (Giddens, 455).rules guide ou r actions in work, certain rules are expected to be followed, for example, an employee should never miss work without permission. This is an example of an official rule. In this theory, recourses are a prominent determinant of power. Another important factor to consider in the structure of life is the duality in life. Life always has two sides to it, in the workplace; we have the employer and employee. In the workplace, the employer is rarely willing to make exceptions for the employee. The