Performance of Contracts and Remedies for Breach Essay

Performance of Contracts and Remedies for Breach - Essay Example These include offer and acceptance, mutual agreement, consideration, competent parties, legality of purpose and proper form. People enter into contracts on a day-to-day basis for various reasons such as trading purposes (Boundy, 2010). An example of a breached contract is that of a car dealer, Mr. Richard, who imported a vehicle from Europe on behalf of Mr. McKenzie. Mr. McKenzie specifies that he wants a Mercedes E200 and pays three quarters of the total cost up front with an agreement that the remaining quarter to be paid upon delivery. However, Mr. Richard brings in a Mercedes 200E. Both parties have tried all the possible channels to settle the matter, but all is in vain. This makes them sort to seek legal action to solve the problem. At the end, the court rules in favour of Mr. Mackenzie and forces Mr. Richard to bring the contract to performance as agreed. This breaching can be analysed as below. Performance of a contract occurs when all the terms of a contract are fulfilled, a nd the contract has settled. Performance can either be complete, substantial or inferior. Complete performance occurs when the contract is discharged. As for substantial performance, the non-breached party can recover from the damages caused by the other party (Boundy, 2010). In this case, the non breaching party can have three or more options. The first one is to request the contractor to bring the contract to performance. ... Mr. Richard did not bring into performance the contract as agreed there by breeching the contract. Though he brought a Mercedes, it was not as specified in the contract (Goldman and Sigismond, 2010). Breaching of contract occurs when one party of the contract fails to meet part or all of their agreed requirements. A breach can be either actual or anticipatory. An actual breach occurs when a contractor completes the agreed contract partially or does not complete at all on the due date. An anticipatory breach occurs when one party communicates to the other well in advance that he will not fulfill his part of the contract before performing it. The non-breaching party is usually at liberty to choose one or more ways through which settlement of damages will take place. The main four types of contract breaches recognized by the law include Minor breach, Material breach, Fundamental breach, and Anticipatory breach. Damages compensate breaches caused in a contract. There are four main catego ries of damages. These are compensatory, consequential, liquidated and nominal. Compensatory damages restore the benefit of the agreement. The non-breaching party gets payment, an equivalent of what was to be paid if the contract was fully performed. This depends on the contract and the part that underwent breaching. Consequential damages occur because of external circumstances that affect the contract. Liquidated damages are reasonable amounts paid after both parties have agreed in advance before the contract is breached. In nominal damages, the breached party sues the breaching party and is paid some small amount though there is no financial loss (Goldman and

Cultural, Social, and Intellectual Life in London and Paris in the 197 Essay

Cultural, Social, and Intellectual Life in London and Paris in the 1970s - Essay Example The classical era music represents tuneful melodies, less complicated and more balanced vocally and instrumentally (Bonds, 2009). During the 18th century, there was a transformation of the western culture, a lot of new ideas swept across Europe. The society underwent reorganization, countries like France ushered in the age of Napoleon. It is in the 18th century that arts and architecture underwent a dramatic change. In this period such classical artists as Haydn Mozart and Gluck produced their unique compositions that were described with simplicity and restraint in their music. The genres such as symphony concerto and sonata underwent a significant evolution in the 18th century. These artists presented the musical sounds characterised by symmetry balance and clarity. The music, which was popular in the 1790s, coincided with the last part of the enlightenment period. This age emphasized reason, logic and knowledge. The classical era represents a musical period that reflected objectivity, clarity, balance and periodicity on the music produced (Parker, 2000). In the classical era, royalty did not influence the composition of music as it did in the other periods. The music represented a break from the past where traditions such as employment by royal patrons did not exist anymore. The music depended on the courts to receive an audience, and the theatre as a culture now became dominant in the society. We are looking at music in the era in which society was undergoing a transition from customary, religious, and closed patterns into a more open, relativistic, individualistic and a secular system. The society at this time was focused on transforming from a period of order, wholeness and certainty. The society hungered for a certainty of truth, virtue and beauty. The artist of this time used the classical genre of music to meet the humanity’s longing for wholeness and reconciliation.  

Assignment Essay Example | Topics and Well Written Essays - 1500 words - 3

Assignment - Essay Example The Domain supports any video input, be it USB 1.0 and 2.0 or Window DirectX (WiredRed 2008). (iii) Strategic current and feasible domain definition: The domain supports enhanced definitions of 720P or higher resolution but lower than HD frame rates. For instance, Logitech Fusion and Ultra Vision are two popular examples that produce surprising high-resolution images wonderfully at fine business-class rates (WiredRed 2008). (i) User perceived values: The User perceived values for the domain include easy installation, best multiparty video and audio quality, real-time PowerPoint sharing, the fastest desktop sharing and proxy friendly remote controls, real-time presenter’s controls, record and playback, secure web conferencing and true web administration and management (WiredRed 2008). (ii) The domain is currently based in countries in Nigeria and Malaysia (Sarawak) with its product range across other locations in the countries. In education, the software has been used in Kent College, where students could cheaply discuss with their off-site teachers (WiredRed 2006). (iii) The products are Windows compatible: this means that the User can use any USB 2.0 web cam. Also, it works well with any S-video as an out cable mated to a Windows compatible video capture card (WiredRed 2008) (iv) The users could move from one product to the other in the domain. This explains interconnectivity among the product range. And this would facilitate multiple functionalities that would be cost-efficient (Gough & Rosenfield 2006). (i) Some of the products in the domain help to facilitate quick and clear video conferencing, but some constraints arise as a result of product’s components, compatibilities and programming context. For example, a product that is Windows compatible has problems working perfectly with non-Windows operating systems. And different programming procedures used in producing the software/solutions constitute a

Smoking Cigarettes is Good for Your Health - Article Analysis Essay

Smoking Cigarettes is Good for Your Health - Article Analysis - Essay Example From the article, it is evident that the writer believes the only way to realize communication and draw the attention of readers is through taking this risk. Readers like reading stories that are the opposite of expectations. Although writers take the risk to explore a topic not previously done, they eventually bring new and viable ideas into the book. In writing to win a large number of readers, safety in writing is a risk that many writers overlook. Scholars have considered safety as a component with less weight in the art of writing (Tepper). Many people know that smoking is dangerous to one’s health to appoint that the cigarettes contain a warning of being harmful. However, the author brings a different idea to book, where he several advantages of smoking unlike what other writers do. In this case, it is risky for the author to choose such a sensitive topic and argue of benefits of smoking knowing very well that security agents are opposed to the idea. This means that the writer can be questioned by authorities hence risky to him. The idea that cigarettes are beneficial to humankind raises eyebrows and hence can rise the contest on the subject. Partiality in writing is most likely to increase the controversy and hence risks in writing. In whatever subject matter, the writer must argue on both sides. This means that the advantages and disadvantages must be well presented in the article. The author of the article analyses several disadvantages of smoking despite the fact that they are for the idea that smoking is health to one’s life. In an argumentative writing, the author must present both sides and show the strengths of each without been bias on one side., this means that the author should not take a side on whatever argument and should just make suggestions remaining partial at the end of the writing. Although the author tried to make a justification that smoking is healthy, disadvantaged of smoking are keenly presented in the article showin g the impartiality of the author. The difference in the presentation of ideas is from the diverse differences in both written and oral languages. With the growth of technology witnesses in the last past decades, language has moved from verbal to written. Every cultural setting has its norms regarding language and manner of presentations. As such, there is a classification of languages from standard, regional and local languages. Writers majorly concentrate with standard language. In the article, there is a proper use of standard language that is easily understood. Standard language goes hand in hand with the controversial topic (Ferraro). From this, the readers expect more of the article as they would when reading a normal scholarly article. To ensure that the author convinces the readers, facts and opinions are given and required evidence provided.

What shapes historical development Essay Example | Topics and Well Written Essays - 1250 words

What shapes historical development - Essay Example To analyze, since the beginning of time, the nature of man has been disposed to the interest of discoveries which has apparently guided them to establish civilizations and lay foundations for knowledge of various fields. Hence, as humans search for a sense of identity, of humanity, or of the truth in what they are in relation to others of their kind and the environment, in general, they inevitably do tasks or perform activities that create unseen force essential to evolution from one state of nature to the next. The capacity and attitude for quest occurs to be the key which enables men to adapt, make changes, and explore possibilities in order to have a meaningful existence. As a rational being, man thinks and such intrinsic ability to form logical thoughts or ideas is crucial to man’s aim of satisfying a bulk of curiosities and needs, whether concrete or abstract in form. In this manner, thus, men along with their searching nature, skills, vision, deeds, and ways of thinking chiefly shape the course of historical development. Because humans influence each other in a vast number of ways, time after time, early civilizations develop into a more complex system of relations where they have gradually discovered efficient means and tools of sustaining life and addressing different challenges of living. Eventually, there emerged the intertwined concept of ‘progress’ and ‘success’ as men come to understand more deeply the value of human intelligence, of reason, and of persevering act necessary to achieve goals in the study of science, religion, philosophy, arts, music, and literature. The increasing knowledge on these subject areas allows formation of cultures and societies that are distinct from each other and such distinction affects historical context. Moreover, it is through knowledge that men examine themselves as sensible individuals and learn of power and conquest for which economy and politics matter in further structuring the norms of ethics and moral law within a society. When nations march for war against one another, this event would undoubtedly mark a point of development as history exhibits how ideals differ depending on the political and economic position of a country involved compared to the rest. Consequently, the similarities and dissimilarities in beliefs or views of men identify what a nation, culture, or average community is made of and illustrate that differences among human perspectives herein can be vital player in determining specific factors by which historical development proceeds in any part of the world. It turns out that, for as long as men can manage to acquire and apply knowledge, as well as become socio-politically aware, and engage in scientific, literary, or philosophical efforts for the sake of attaining power and progress, then historical development continues to be modified through interactions and the events to which they yield. Does this historical development have a patter n? If so, what is this pattern? Yes. Historical development seems to be patterned after a process in which a civilization or a nation rises in power as an empire then declines or falls weak after sometime due to conflicts originating either from the side of the ruler or that of the subjects or people whose economic or cultural issues have not been settled or dealt with in proper terms. A historically critical person may observe a cycle where the state of economy varies directly as the state of politics so that the principal workers of this system are normally headed to the

Bridging the Global Digital Divide Research Paper

Bridging the Global Digital Divide - Research Paper Example The growth of information technology in a country highly depends on the extent to which policy makers in the country recognize the importance of information and communication technology to the country. The policy makers might come in handy when it comes to things like regulations, taxation, incentives and many others. Some developing countries impose a lot of taxes on ICT related companies thinking that, through taxation, the country’s economy is likely to grow (Brooks, Donovan & Rumble, 2005). One thing that they tend to forget that high taxation can hinder the entrance of new players into this industry. Therefore, the country’s economy lacks the contribution of ICT to its economy. Most developing countries lack the appropriate infrastructure that can enable effective application of information and communication technology in the country. This leads to low level of accessibility of services that ICT can offer to the countries’ economy. The ultimate result of thi s is a scenario in which developing countries are unable to have the complete advantage of ICT being used in their economic sectors. Poor infrastructure also leads to poor performance of the ICT related industries which in a way reflect to the general economic performance of the countries. ... The result of this is that their performance turns out to be lower than the performances of the same types of businesses in developed countries (Norris, 2003). The high prices not only affect the economic sector but also other sectors such education and even social life. Being that most developing countries are always in the struggle of trying to attain economic stability, financial resources that are required for development of ICT infrastructure might in some instances be unavailable. The unavailability is always makes it hard for developing countries to invest highly in ICT infrastructure. The eventual outcome of this is economic, educational, and social institutions that have limited or no access to ICT services and resources (Yu, 2006). The effect of this lack of access to ICT resources is heightened by the ignorance of the level to which ICT can improve the effectiveness of these institutions. In the developing countries, language can also be a hindrance to the application of I CT. Television programs, radio programs, computer software, and on line sites always use languages used in the countries in which these appliances have been developed. Given that very few of these appliances are developed in the developing countries, the local people might have a hard time trying to conform to technological assimilation. This factor makes the application of ICT in almost all aspects of human life in developing countries very hard. Studies have even proved that the low rate of growth of ICT is contributed to by stereotypes that have depicted ICT as a highly complex thing. People from developing countries have the tendency of associating ICT to people with affluence and not just everybody. In most developing countries, ICT

Legal Case Briefs x 3 ( Terry v. Ohio, Katz v. United States, Essay

Legal Case Briefs x 3 ( Terry v. Ohio, Katz v. United States, Tennessee v Garner) - Essay Example The three men were incoherent in their response. That prompted the detective to accost Terry, turn him around and discovered a pistol which he was not able to seize at the moment. He then made the three men to enter the store hands raised, and then frisked Chilton and Kartz. The detective recovered a .38 calibre revolver from the pocket of Chilton’s overcoat on the outside. He did not search the outer clothing of Kartz because he did not suspect him to be armed when he lightly frisked him. The detective as a result of discovery of the weapons arrested the three and charged Terry and Chilton with carrying concealed weapons under Ohio laws and rules. Procedural history Trial court- passed verdict of guilty and convicted. Court of appeal – affirmed conviction. Supreme court- upheld affirmation of appellate court. Issue Admissibility of evidence obtained from suspects without warrants under the fourth amendment if the hunt was restrained /limited and reasonable grounds to s uspect danger depending on the prevailing circumstances before actual proof is obtained. Holding It was proper to stop and frisk the suspects if the police had reasonable grounds of suspicion and it was not contrary to the fourth amendment of unreasonable searches and seizures and that the rule was applicable both privately and in public places. Reasoning Brinegar v. United States 338 U.S. 160 (1949) In as much as probable cause standards are meant to guard citizens against unlawful interference by law enforcement officers, they are also meant to aid law enforcement. A balance has to be struck between allowing the officers too much discretion and what is reasonably practicable under the prevailing circumstances. Application Even though the law provides protection for individuals and guards privacy under the fourth amendment, it must be understood that circumstances arise where it is reasonably practicable to allow personal intrusion for effective law enforcement. The standards of pr obable cause must be regarded in determination of whether arrests without warrants are constitutional or not. Conclusion Activities by law enforcement officers that may seem to be a infringement of the Fourth Amendment in relation to searches and seizures depends on the prevailing circumstances under which the events occur and the reasonableness of actions taken by the law enforcement officers. In order to enhance community protection, law enforcement officers must be allowed certain powers but only which are necessary and not excessive. 2. CASE TITLE: Tennessee v Garner CITATION: 471 U.S.1 (1985) Facts Two Memphis police officers, Wright and Hymon responded to a call October 3, 1974 at a quarter to 11 pm. On arrival at the scene, a woman gestured at the next house and explained to them that she had heard the sound of breaking glass and that it was probably a house break in the neighbour’s house. Hymon positioned himself behind the house as Wright confirmed their presence at the scene to the dispatch scene by radio call. Hyman first heard the sound of a slamming door and saw the suspect fleeing across the backyard. The suspect made a stop at a 6-feet- tall chain link fence. Hyman by the aid of a flashlight could see the suspect and reasonably concluded that he was unarmed, about 17/18 years old and about 5’5’’ or 5’7’’ tall. Hyman called on him to stop but he proceeded to scale the fence.