Business Law Essay Example for Free

Business Law Essay An agreement must contain four essential ingredients to be regarded as a contract. These four elements are offer, acceptance, Intention of legal consequences, and consideration. If any one of them is missing, the agreement will not be legally binding. An offer is defined as the manifestation of the â€Å"willingness to enter into a bargain so made as to justify another person in understanding that his assent to the bargain is invited and will conclude it. † There must be a definite, clearly stated offer to do something. An offer does not include ball park estimates, requests for proposals, expressions of interest, or letters of intent. An offer will lapse when the time for acceptance expires, if the offer is withdrawn before it is accepted, or after a reasonable time in the circumstances (generally the greater the value of the contract, the longer the life of the offer). Only what is offered can be accepted. This means that the offer must be accepted exactly as offered without conditions. If any new terms are suggested this is regarded as a counter offer which can be accepted or rejected. There can be many offers and counter offers before there is an agreement. It is not important who makes the final offer, it is the acceptance of that offer that brings the negotiations to an end by establishing the terms and conditions of the contract. Acceptance can be given verbally, in writing, or inferred by action which clearly indicates acceptance (performance of the contract). In any case, the acceptance must conform to the method prescribed by the offerer for it to be effective. A contract requires that the parties intend to enter into a legally binding agreement. That is, the parties entering into the contract must intend to create legal relations and must understand that the agreement can be enforced by law. The intention to create legal relations is presumed, so the contract doesnt have to expressly state that you understand and intend legal consequences to follow. If the parties to a contract decide not to be legally bound, this must be clearly stated in the contract for it not to be legally enforceable. In order for a contract to be binding it must be supported by valuable consideration. Consideration consists of either a benefit to the promisor or a detriment to the promisee. That is to say, one party promises to do something in return for a promise from the other party to provide a benefit of value (the consideration). Consideration is what each party gives to the other as the agreed price for the others promises. Usually the consideration is the payment of money but it need not be; it can be anything of value including the promise not to do something, or to refrain from exercising some right. The payment doesnt need to be a fair payment. The courts will not intervene where one party has made a hard bargain unless fraud, duress or unconscionable conduct is involved. When there is a breach of contract, an unexcused failure to perform, the other party is usually given damages, rather than specific performance. The rules of damages vary, but are usually intended to make the injured party whole. A party who was supposed to be paid something for that partys performance gets the amount of the payment due, if the performance has been rendered. A party who was supposed to get something of value sometimes gets the difference between the price agreed and the market price. Or, if the party has already paid the paying party sometimes gets the money back.

The Selfish King in Shakespeares King Lear Essay -- King Lear Willia

The Selfish King in Shakespeare's King Lear In Shakespeare's King Lear a king is stripped of his land, wealth, soldiers, and all of his power because he is stubborn, egocentric, and unkind. Other than losing money and power he loses his three daughters as well. Lear?s pride is so overwhelming that he is unwilling to allow anyone to contradict him. If anyone (besides his fool) even remotely hints that his actions were wrong he gets unnecessarily enraged. King Lear acts very harshly to his daughters and should receive the appropriate punishment. Although King Lear completely deserves what he gets and has put his youngest daughter through so much torture, he is not entirely awful. He is a respectable king who people look up to. When Kent informs Lear of his drastic mistake Lear?s pride takes control of him and he banishes his loyal friend, Kent. Kent is almost like a brother to Lear. He is Lear?s most trusty friend and basically the king?s right hand man. Because Lear is so arrogant and proud, he will not accept any disagreement from anyone. Kent explains to Lear that he has made a mistake in banishing Cordelia and Lear explodes with fury at Kent. This is the response Kent receives in return for correcting the king. ?To come betwixt our sentence and our power, which nor our nature nor our place can bear, our potency made good, take thy reward: ?turn thy hated back upon our kingdom. If ?thy banished trunk be found in our dominions, the moment is thy death.? (I.1.194-202). King Lear is saying that Kent is now a traitor, and since he points out a mistake in the king?s judgment he should be banished. If Kent shows his body in Lear?s kingdom once again h... ...ecisions. When Kent reveals that banishing Cordelia was an unwise decision Lear exiles Kent, his most trusted friend. There are many terrible deeds that Lear commits, but also has several unpleasant ones committed on him by his daughters. Even though there are horrible things done to king Lear, the terrible things that Lear do outweighs them. Lear deserves his punishment, should live up to his mistakes, and do whatever he can to correct those mistakes. Works Cited and Consulted Schneider, Ben R. Jr. "King Lear in Its Own Time: The Difference That Death Makes." Early Modern Literary Studies 1 (1995). Shakespeare, William. "King Lear." William Shakespeare: the Tragedies, the Poems. Ed. John D. Wilson. Cambridge: Cambridge UP, 2006. Stern, Jeffrey. ?King Lear: The Transference of the Kingdom.? Shakespeare Quarterly, 1990. Folger Shakespeare Library.

Separation of a Mixture of Solids

Separation of a Mixture of Solids My Flow Chart First remove iron filings with magnet since this is the only substance in the mixture that it is magnetic and will be attracted to a magnet. Second remove the sand by adding the mixture to hot water, which the other two substances are soluble. Third remove the benzoic acid since this is less soluble in cold than salt by cooling the mixture in the heated water. This will then leave the table salt behind in the water as the last substance. Observations Data Table 1: Experiment Data| Grams (g)| Percent of Mixture (%)| Initial Mixture| 6. 5| 100| Iron Filings| 1. 8| 27. 69| Sand| 1. 7| 26. 15| Table Salt| 1. 9| 29. 23| Benzoic Acid| 0. 8| 12. 31| Combined Total| 6. 2| 95. 38| Questions A. How did your proposed procedures or flow charts at the beginning of this experiment compare to the actual procedures of this lab exercise? My proposed flow chart was very close to that of the actual lab exercise. The only step that I did not include was le tting the water evaporate to find isolate the table salt.I suppose I was thinking that it would be estimated by process of elimination. However, I can now that this would not accurately show that true weight and is therefore not scientific. B. Discuss potential advantages or disadvantages of your proposed procedure compared to the one actually used. The disadvantage of my flow chart would be that although the end numbers would be closer to the original mass of the mixture, it would not accurately represent the correct percentages and would not account correctly show the rror that occurred during the process. C. How would you explain a sand recovery percentage that is higher than the original sand percentage? I would explain a sand recovery percentage that is higher than the original sand percentage from water that could still be let in the sand if it has not been given the proper time to fully dry. However, the a small amount of table salt and benzoic acid particle were also left be hind in the small amount of water that needed to be dried out of the sand and could account for the higher percentage.D. What were potential sources of error in this experiment? I think that the largest potential for error is in the transfer and handling of the substances. Small particles were left behind in the original weighing dish, graduated cylinder and cup that were not able to be transferred. Human error, like spilling small amount of the mixture in transfer, and mechanical error, like a miscalculated calibration of the scale, could also be sources of error. Separation of a Mixture of Solids Separation of a Mixture of Solids My Flow Chart First remove iron filings with magnet since this is the only substance in the mixture that it is magnetic and will be attracted to a magnet. Second remove the sand by adding the mixture to hot water, which the other two substances are soluble. Third remove the benzoic acid since this is less soluble in cold than salt by cooling the mixture in the heated water. This will then leave the table salt behind in the water as the last substance. Observations Data Table 1: Experiment Data| Grams (g)| Percent of Mixture (%)| Initial Mixture| 6. 5| 100| Iron Filings| 1. 8| 27. 69| Sand| 1. 7| 26. 15| Table Salt| 1. 9| 29. 23| Benzoic Acid| 0. 8| 12. 31| Combined Total| 6. 2| 95. 38| Questions A. How did your proposed procedures or flow charts at the beginning of this experiment compare to the actual procedures of this lab exercise? My proposed flow chart was very close to that of the actual lab exercise. The only step that I did not include was le tting the water evaporate to find isolate the table salt.I suppose I was thinking that it would be estimated by process of elimination. However, I can now that this would not accurately show that true weight and is therefore not scientific. B. Discuss potential advantages or disadvantages of your proposed procedure compared to the one actually used. The disadvantage of my flow chart would be that although the end numbers would be closer to the original mass of the mixture, it would not accurately represent the correct percentages and would not account correctly show the rror that occurred during the process. C. How would you explain a sand recovery percentage that is higher than the original sand percentage? I would explain a sand recovery percentage that is higher than the original sand percentage from water that could still be let in the sand if it has not been given the proper time to fully dry. However, the a small amount of table salt and benzoic acid particle were also left be hind in the small amount of water that needed to be dried out of the sand and could account for the higher percentage.D. What were potential sources of error in this experiment? I think that the largest potential for error is in the transfer and handling of the substances. Small particles were left behind in the original weighing dish, graduated cylinder and cup that were not able to be transferred. Human error, like spilling small amount of the mixture in transfer, and mechanical error, like a miscalculated calibration of the scale, could also be sources of error.

Federal Prisons And Its Effects On The United States

Introduction In the 1960s, America had a population boom. The budget did not allow for prison expansion so, as a result, they needed more investment from companies. Plus, the extreme overcrowding in federal prisons assured the government they needed to find a way to solve the issue on hand. In order to reduce spending in prisons, the government turned to private organizations to begin running correctional facilities with more efficiency which allows for less overcrowding in federal prisons and less tax dollars needed to run a prison, but soon causes its downfall as the companies try too hard for a bigger profit. The History and Main Companies In 1984, The CCA, the Corrections Corporation of America, began running its first prison and has been growing ever since. They aspire to be as transparent as a government facility. The CCA facilities are taught to be accountable, follow guidelines, and keep high standards. They are also supposed to save money and bring new technology to the field. Since they were the first to get a contract, they expanded rapidly. Since their beginning, they opened a facility in 1984, had a facility accredited in 1986 by the ACA, American Correctional Association, established a juvenile facility in 1986, built a women’s facility in 1989, opened a medium-security prison in 1990, opened a maximum, security facility in 1992, then opened many new facilities up until now. This company tries to foster worthwhile careers in being a guard with manyShow MoreRelatedPrison Overcrowding Essay1184 Words   |  5 Pages Prison Overcrowding Nicole Neal American Intercontinental University Abstract This research paper is to explore the impact of prison overcrowding. The United States has a, what seems to be everlasting, prison overcrowding problem. Not only does the United States have this dilemma, but also many other countries have overcrowded prisons as well. 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