Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Topic4 - Essay Example

Comments (0) Cite this document
Terms of a contract are important to understand the intention of the parties to the contract. The terms can be oral or in writing or both which are express terms. Besides, there can be implied terms determined by customs, usage, statutes or case law. Terms discussed prior to making of a contract are not binding on the parties except those that are made in the form of representation inducing a party to enter into contract…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.6% of users find it useful
Read TextPreview

Extract of sample "Topic4"

Download file to see previous pages At first, Sam without mentioning details of how the launch was going to be made, merely quoted @$75 per head for 100 delegates and a venue fee of $ 2500 thus totaling the contract amount as $10,000. Dean was unimpressed and hence declined Sam's offer. It was only after this; Sam mentioned that a famous Chef Yahoo Nim would attend the event and that a special promotional invitation on Oh My Manor's letter head would be prepared and sent by Sam to the 100 delegates three weeks before launch date. Besides, he also promised to use his own influence to ensure attendance. Dean was apparently induced by these statements of Sam and agreed to Sam's price quoted following which he paid an advance $ 3,000 and received the receipt from Sam mentioning only the price and how total sum was arrived at. Hence successful performance of the contract means that the celebrity Chef Yahoo Nim should have prepared the food and attended the function, Sam should have sent the invitation as stipulated and 100 people should have attended by Sam's influence. But none of these happened resulting in poor attendance of 35 people since only 45 invitations were sent. These can not therefore be a mere parol evidence. These are express terms and hence should be taken as collateral contract though made orally. The collateral contract concept is a device to circumvent the Parol Evidence Rule but also as a means of holding that a statement which is not a term of the main contract can be enforced as a collateral contract i.e. collateral warranty. Some of the cases which can be cited in support of this are ESSO PETROLEUM V MARDEN (1976), DE LASALLE V GUILDFORD (1901), RECORD V BELL (1991) and COMMISSION FOR THE NEW TOWNS V COOPER (CA) (1995) (TheLawsite). Hence Sam is bound by these terms and is liable for damages for breach of contract. Dean is not required to pay the balance amount of $7,000 and he can proceed against Sam for damages for his breach of contract since pressure of work is no excuse.
Qn 2
Zander mad it known to Puffy his exact requirements to which Puffy also agreed. Hence the software supplied by Puffy is not in accordance with the terms agreed upon prior to signing of contract Zander signed the contract only on being assured that the software would meet with all the current Government regulatory requirements. But for this he would not have signed the contract. But there is a point against Zander. What Puffy was making was only an opinion and not a condition or representation. She offered him three packages and Zander chose one. It was open to him to verify and then make a purchase. Even though before signing of the contract, Zander insisted, he chose the package at his own risk. If the software package had been a defective one, it would have been a different issue. Hence Puffy is in not breach of contract and consequently Zander is not entitled to refund of the money paid.
Qn No 3
In this case, even though Zander did not read the clause No 53 which avoided any liability whatsoever, he is deemed to have read it due to the explicitly mentioned clause on the website. This is an exclusion clause binding on the acceptor. In its absence, the offeror would have been liable for the non-performance or defective performance. In ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Topic4 Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Topic4 Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from
(Topic4 Essay Example | Topics and Well Written Essays - 1000 Words)
Topic4 Essay Example | Topics and Well Written Essays - 1000 Words.
“Topic4 Essay Example | Topics and Well Written Essays - 1000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


An Analysis of Amazon E-commerce Business

.... Should I Sell on Amazon or eBay or Both? 2012. 25 April 2012 . Norton, P. Introduction to Computers. Fourth Edition. Singapore: McGraw-Hill, 2001. Oracle Corporation. Data Warehousing Concepts. 2002. 23 April 2012 . OS Financial Trading System. 4.4 The Value Chain and 2011. 10 March 2012 topic4/topic4.htm>. Ray, Ramon. Technology Solutions for Growing Businesses. New York: American Management Association (AMACOM), 2004. Stair, Ralph M. and George W. Reynolds. Principles of Information Systems, Sixth Edition. Toronto : Thomson Learning, Inc., 2003... Analysis of Amazon E-commerce Business Table of Contents An Analysis of Amazon E-commerce Business 2- First Part 7 3- Second Part 10 4- Third Part 12 5.1- Recommendations 15 6- Conclusion 24 Works...
23 Pages(5750 words)Research Paper

Psychology and Health Problems

..., from Talbott,Shawn, Kraemer William J. ( 2007 ) The Cortisol Connection: Why Stress Makes You Fat and Ruins Your Health - And What You Can Do About It. Hunter House, 2007. Retrieved 4 Feb 2011 from books?id =D8VE11Zcp 74C&pg =PA116&lpg=PA116&dq=cortisol+and +neurotransmitters &source =bl&ots=YrpvGx30_V&sig= lsmZbyYWz5fK GjwTkvMwI9c9fnI&hl=en&ei=WU4eSs6xGIyCkQXl6bWHDQ&sa=X&oi=book_result&ct=result&resnum=9.... The Multifactorial Health Model The Multifactorial Model The Multifactorial Model is a new health model that presents different factors which can explain why certain illnesses. For many decades, the widespread belief that most people...
4 Pages(1000 words)Essay

Capital structure analysis

..., the managers of IST would raise the required capital of $500 million through debt, even if the correct value of their shares is $12.5. References Graham, J. R. (2001). Estimating the Tax Benefits of Debt. Duke University. Retrieved Online on August 09, 2011 from Tel Aviv University, (No Date). The lemons problem. Asymmetric Information Models Of Capital Structure. Retrieved Online on August 09, 2011 from Bibliography Behrman, H. (2003). The Capital Structure decision. Springer.... Structure Analysis Table of Contents Problem 28 3 Prob. a) 4 Prob. b) 5 Prob. c) 5 Prob. d) 5 References 7 Bibliography 7 Problem 28 Info...
3 Pages(750 words)Math Problem

Biopsychology of Anxiety Disorders with Treatment Approach Using Medication and Therapy

... 2011 from Kabat-Zinn, J., Massion,A., Kristeller, J., Peterson, L., Fletcher, K., Pbert,L.,Lenderking, W. and Santorelli,S., 1992, Effectiveness of a meditation –based stress reduction program in the treatment of anxiety disorders., American Journal of Psychiatry, 146, pages 936 – 943., retrieved 3rd October 2011 from Ollendick, T, March,J,, 2004, Phobic and Anxiety Disorders in Children and Adolescents, A Clinician’s Guide to Effective Psychological and Pharmacological Intervention, New York, Oxford University Press. Pande, A, Crockatt, J., Feltner,D., Janney,C., Smith, W., Weisler,R., Londborg,P., Bielski, R...
7 Pages(1750 words)Term Paper

E-commerce: Website Analysis

...4 The Value Chain and [Online] Available at: [Accessed 10 March 2012]. Shelly, Cashman & Vermaat, 2005. Discovering Computers 2005. Boston: Thomson Course Technology. smsSmallBiz, 2008. A 7-Point Comparison between Amazon and eBay for Online Sellers. [Online] Available at: [Accessed 11 March 2012]. Summers, J. et al., 2003. Essentials of Marketing. Australia: Thomosn. Turban, E., Leidner, D., McLean, E. & Wetherbe, J., 2005. Information Technology for Management: Transforming Organizations in the Digital Economy, 4th edition. 4th ed. New York:...
6 Pages(1500 words)Essay

Article analysis about organization effectiveness

...? Can the transformation of a business to social business help to promote organizational effectiveness? – The case of IBM This paper focuses on Topic4, Organizational effectiveness, as it has been promoted in IBM using social business tools Keeping competitiveness at high levels has become a key challenge for businesses worldwide. In IBM the specific problem has been addressed by incorporating social tools in the firm’s daily operations. This strategy is analyzed in the 2012 CEO Study of IBM, as explained in the article of Ed Brill, published in October 2012. As noted in the article, in IBM, as also in other firms worldwide, organizational effectiveness is highly related to collaboration (Brill 2012). In practice, it has been made clear...
3 Pages(750 words)Essay

Most resistance to change

.... DOI: 10.3102/0013189X033007014. Tashakkori, A. (2003). Handbook of mixed methods in social & behavioral research. Thousand Oaks, Calif. [u.a.: Sage Publ. Topic4 Creswell, J. W. (2003). Research design: Qualitative, quantitative, and mixed methods approaches. Thousand Oaks, Calif. [u.a.: Sage Publ. Creswell, J. W., & Plano, C. V. L. (2011). Designing and conducting mixed methods research. Los Angeles: SAGE Publications. R. Burke Johnson and Anthony J. Onwuegbuzie (2004). Mixed Methods Research: A Research Paradigm whose time has come. Educational Researcher 33: 14. DOI: 10.3102/0013189X033007014 Tashakkori, A. (2003). Handbook of mixed methods in social & behavioral research. Thousand Oaks, Calif. [u.a.: Sage Publ.... Psychology Topic1:...
6 Pages(1500 words)Essay

Mechanisms That Would Bring about Macroeconomic Equilibrium fixed or floating is also worthy of mention. International monetary policies, level of imports and exports and the demand and supply for a currency are all important factors too. Inflation levels [global and domestic], wage levels and productivity of workers are also note-worthy in this regard. Thus, all these above-mentioned multifarious factors affect exchange rates. References Choice of exchange rate regime and coordination of macroeconomic policy Retrieved 27th October 2006 Macroeconomics/Macroeconomic Equilibrium - Wikibooks, collection of open-content textbooks Retrieved 27th October...
2 Pages(500 words)Essay

Base Isolation of Structures

...eismic (or base) isolation engineering rested on two pillars: heavy damping and frequency separation. Unfortunately, nobody paid any attention that heavy damping is a sort of a strong connection between a substructure and superstructure, and that the idea of decoupling them with the help of such connections is no good. As a result, the only problem left seemed to be development of proper design provisions for seismic-isolated structures" (Shustov, 1994). Diagram (Courtesy: Regular building Base-isolated building FIGURE-2.1(1) Base isolation system comprises of isolation units with or without isolation elements, where: 4 1. Isolation units are the fundamental components of...
20 Pages(5000 words)Essay

Behavioralism in Comparative Politics

.... Available at: 2. “Behavioralism” From Wikipedia, the free encyclopedia. 2005. Available at: 3. Behavioralisms Critics. 2005. 4. Introduction to Research methods. 2003. Available at: 5. Lane, R. The Art of Comparative Politics. Longman, 1997. 6. Ponton, G., Peter G. Introduction to Politics. 3d edition. Blackwell Oxford UK and Cambridge USA. 1993.... in Comparative Politics Comparative politics is a specific sphere of human activity in which the differences of social groups, nations, and...
6 Pages(1500 words)Essay

The Experiences of Boys and Girls in the Context of a Romantic Relationship

...Relationships and Connections of Variables in the Research Study The literature offers a myriad of information yielded by various researches on humanrelationships. Concepts on a wide spectrum from physiological responses to romantic relationships, emotions that are manifested during romances, social implications or consequences of engaging in romantic relationships, and perceptions and viewpoints that are attempted to explain some phenomena related to romance. Studies on romance include the studies of social scientists who unearthed evidence of physiological responses manifested by heightened hormones in new romances (ex. the researches of Dr. Donatella Marazitti (Kahn, 2004) and Helen Fisher (Fisher, 2004). Adolescents, who... and...
17 Pages(4250 words)Case Study

Language Learning Strategies of Listening Comprehension

...Do meta-cognitive Language Learning Strategies assist in the SLA of listening comprehension? Learning Disabilities Even though most researchers agreeabout the characteristics of learning disabilities, there is a disagreement about what should or should not be included in the definition of learning disabilities. While there is some agreement about these general topics, there is continued disagreement in the field about diagnostic criteria, assessment practices, treatment procedures, and educational policies for learning disabilities. A number of influences have contributed to these disagreements, which in turn, have made it difficult to build a generalized body of scientific and clinical knowledge about learning disabilities... meta-cognitive...
10 Pages(2500 words)Case Study

The Globalization Policies in Different Countries

...International trade International trade Introduction The Globalization, Liberalization and Privatization policies adopted by different countries, opened the doors widely open for international trade. Foreign investment and participation in business is welcomed by many countries. The consumers will get better products at cheap rates because of the competition in the market. For example, as per the economic principle, scarcity of a commodity creates demand in the market and hence the price of that commodity will go up. Because of the foreign participation in domestic market, the customers will never fee any scarcity and hence the prices will come down definitely. But most of the countries are still confused about the extent... trade...
6 Pages(1500 words)Coursework

The French New Wave

...The marvelous five directors that made the French New Wave were Francois Truffaut, Claude Chabrol, Eric Romer, Jacques Rivette and Jean- Luc Godard. Directors like Alain Resnais, Agnes Varda, Louis Malle and Chris Marker are also considered as belonging to the movement. But the above mentioned five formed a group of film critics who turned into film making later. The total energetic ambience for the new film movement was set by two great institutions in the history of French cinema ----Cahiers du cinema and The Cinematheque Francaise .Cahiers du Cinema is a militant journal for new film movement founded by the film theorist and critic Andre Bazin in 1950. He edited the journal until his death at the age of forty in 1958.All... marvelous ...
8 Pages(2000 words)Essay

Business Administration

...Master Business Administration – Pre Admission Essay Please describe your main interests and leisure activities, and any other experiences or involvement that has significantly influenced your career or personal development. 100 Words I was born in India where Cricket is played across the country. I received my inspiration and motivation to play this game after India won the 1983 World Cup Championship. I have played this game representing my school and college in various tournaments. During my leisure time I watch the television. The channels that I generally watch are the sports, movies, and entertainment ones. I also have an interest in the technological gadgets. During my childhood, computers were the only gadgets... Business...
6 Pages(1500 words)Essay

European Union Policy: Turkey

...Running Head: European Union.... Topic: European union policy Order#: 377392 Topic: European union policy Profile of Turkey-history, geography and population: “Area: Approx 780,000 sq km (300,000 sq miles) Population: 71.9m (July 2008 est) Capital city: Ankara People: Majority Turks. Minorities recognised under the Turkish Constitution: Jews, Armenians and Greeks. Other ethnic peoples include Kurds, Circassians and Bosnians. Language: Turkish (official), Kurdish Religion: Muslim Currency: Turkish Lira (TL) Government: Parliamentary republic. Membership... Head: European...
9 Pages(2250 words)Case Study

Analysis of Educational Website

... Analysis of Educational Website Introduction Since antiquity, education remained a major component of human societies; however, until few decades ago, it existed in the society in its traditional and conventional form that involved one-to-one interaction of teachers with their students in classrooms. Since few years, educators and scholars have witnessed rapid advancements in the field of information and technology that has altered almost every sector of the society in a rapid manner, and so the education sector as well. In such advancements, internet has now become one of the most popular platforms for students, teachers, businesspersons, and individuals from every sector to acquire education and information within few clicks... Analysis of ...
7 Pages(1750 words)Article

Analysis of Articles about Climate Change

...Climate change Can we imagine an Earth where there are no green mountains, no deep blue seas and no living creatures? No. But a disaster of such magnitude and dimension is looming over Earth. Humans have identified this threat, defined it and given it a name, global warming. This dangerous proposition is based on the truth that even a 5 % increase in the surface temperature on Earth can wipe out life from this beautiful planet. And the temperature is increasing as never before. It was in 1990s that the world began to hear serious warnings on global warming and climate change. The summary for policy makers prepared as part of the first assessment report by Inter-governmental Panel on Climate Change was the first ever in depth... change Can we ...
6 Pages(1500 words)Literature review

History of Television Technologies

...Running head: Televisions Televisions s Televisions There are various kinds of media used these days and many of them are used for the rationale of providing information. This makes people aware of new things and gives an understanding of their surroundings. This is what that makes this world a global village. Types of media used are television, radio, newspapers, magazines, journals, books, radio, films/ ad films and internet. All these sources play their own main role in spreading information around the world, with all its integrity and truthfulness. The technologically developed hardware for this purpose is known as “Television”; giving out both, the voice and the vision. i Television is the mostly widely used mean of spreading...
6 Pages(1500 words)Coursework

Employee Commitment in Multinational Organisations

... Topic: International People Management Lecturer: Presentation: Introduction Commitment is of paramount importance in virtually all aspects of organizational operations. Organizational culture is fundamental for employee commitment in any organization. In many situations, organizational culture fails to foster commitment among employees, which makes the committed employees an exclusive group. Contemporary organizations tend to lay off employees often due to their failure to accomplish the targeted goals. Employees on the other hand have a tendency of shifting from one employer to the other in search of satisfaction. In this set up, neither the employees nor the employers are contented. In essence, employee commitment means loyalty...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Topic4 for FREE!

Contact Us