Business Law - Case Study Essay Example for Free

Business Law Case Study Essay A.Known Facts John wanted to extend his house and built an office from there. He approached Sue after locating an advertisement from the Yellow Pages. As Sue’s price did not seem reasonable, John then approached Drawit Pty Ltd, which charged a hundred dollar less. John paid a deposit. Later, John went to Franks Hardware and Timber Yard. He made known to Frank, the sole proprietor, the purpose and requirement of the materials and placed an order. John signed a standard form contract and paid a deposit. Two months later, problems arose which caused John to delay his business. John incurred financial losses. B.IDENTIFYING THE ISSUES 1.0CONTRACT BETWEEN JOHN FRANK. It is obvious that there is a contract for the sales of goods between Frank and John. Therefore, terms implied by statute into the sales of goods will only be relevant here. 1.1Is it a consumer or non-consumer contract? Here, we need to consider the definitions of consumer both under Trade Practices Act (TPA) and Goods Act Part IV (GA-IV). As the total price of the goods is $20,500, it is under the TPA s4B(1) (a)(i) prescribed limit. Having satisfied this, we need to consider s4B(1) (a)(iii). There is no evidence showing that John had acquired the goods for the purpose of re-supply or transform them. It might be a consumer contract under TPA. $20,500 exceeds the threshold amount under GA-IV s85(1) (a). John then needs to satisfy s85(1) (b). His materials were of a kind that is ordinarily  acquired for personal consumption. Moreover, s85(1) (c) and (d) did not apply. Therefore, it might also be a consumer contract within s85 of the GA. A consumer contract subjects either to TPA or GA-IV means that Goods Act Part I do not apply. 1.2 TPA or GA-IV? A seller must be a corporation to be under the TPA. As Frank Hardware is a sole proprietor, it therefore is not subjected to the TPA. It then must fall under GA-IV. GA-IV applies to all consumer contracts for the sale of goods that take place in the course of business, irrespective of whether the seller is a corporation, a partnership or a sole trader. 1.3What are the Implied terms that are breached? (i)GA-IV s(90) Fitness for particular purposes John had a contract with Frank for the supply of materials and the sale took place in the course of a business. John made known the purpose for which the goods were required and had relied on his skill and judgement in choosing the appropriate materials. It was also reasonable for John to rely on Frank. Therefore, there is an implied condition that the materials supplied be fit for that particular purpose. However, the materials were not of the purpose for which it was supplied. This implied term had been breached. (ii)GA-IV s(89) Merchantable quality As the materials were sold in the course of a business, there is an implied condition that the materials be fit for their normal purpose(s) having regarded the price. When the materials were delivered, the pine is not limed and the oregon beams  have unsightly knots. John was not aware of the defect before the sale and if John had inspected the materials before sale it would not have revealed the defect. This is because John did not know that he actually had to lime the pine himself and the knots on the beams might not be easily seen. Therefore, there is evidence that this implied term had been breached. 1.4What is the effect of exclusion clause? As the materials bought by John is a kind normally acquired for personal consumption, Frank cannot rely on the exclusion clause to exclude his liability. This is evidenced by GA-IV s95(1). 1.5What are the remedies available? John can terminate the contract and sue for damages. This means that he may return the materials and receive a refund. However, the goods must be returned as provided by s99 that as long as the defect becomes apparent within a reasonable time after delivery, the goods may be returned within reasonable time after discovering the defect. John may also receive compensation for losses caused by the breach of implied terms. 2.0CONTRACT BETWEEN JOHN SUE. 2.1Offer or Invitation to Treat? First, we need to distinguish offer from invitation to treat. An invitation to treat is an invitation to others to make an offer. Generally, an advertisement amounts to an invitation to treat. This is held in Partridge V Crittenden [1968] 2 All ER 421, where Sue will be inviting John to make an offer. However, there is an exception. An advertisement can also be an offer. This can be illustrated in Carlill V Carbolic Smoke Ball Co [1893] 1 QB 256 in which Sue might probably argue that it was an offer. This being the case, Sue is the offeror will stressed that the offer was assumed to be accepted  by John upon saying â€Å" I think that’ll be okay †. An offer, once accepted, cannot be revoked. Therefore there will be a binding contract. Assuming that it is an offer, it can either be a counter offer or a mere request for more information. 2.2Counter Offer or Mere Request for More Information? An offer will be rejected if there is a counter offer. A counter offer tampers with the original condition of the offer, it rejects the original offer and can no longer be accepted at later date. Looking at the words used in John’s reply â€Å" I hadn’t expect it to be so high †, it is possible that this was either an acceptance with a request for more information, or a counter-offer. If the court found the facts here sufficiently similar to those in Stevenson Jacques V McLean (1880) 5 QBD 346, it could hold that the words were a mere request for information. This being the case, the offer remains open and can be accepted. Another alternative is that the court might hold that John’s reply amounts to a counter offer as it seems to add new terms to the offer. This would be similar to Hyde V Wrench (1840) 3 Beav 334, in which the counter offer involved a reduction in price. As in that case, the counter offer made by John had the effect of destroying the original offer made by Sue. Sue is then free to accept or reject this counter offer. Sue, by quoting the price of $1500, clearly shows that she had accepted the counter offer and made a new offer. It is now up to John, the offeree, to accept or reject the offer. 2.3Acceptance or Rejection? Sue could rely on the fact that the mode of communication is instantaneous, i.e. a telephone conversation. She will argue that John’s response over the phone is assumed to be an acceptance to the new offer. This forms a contract in which she can argue that it had been breached. REMEDIES FOR SUE (Damages) However, John can argue that there was no contract because his response failed to satisfy the rule that an acceptance must be absolute and unqualified. In fact, it’s a statement of his opinion of what he thought and therefore he reserved the right to change his mind. An offer, which had not been accepted, does not form a contract. Therefore there is no breach of contract and that he did not have to pay the pro rata amount requested by Sue. REMEDIES FOR JOHN (Do not have to pay) Having considered both sides of the argument, it is more likely that there is a contract between John and Sue. And that it is a breach in which John had to pay. 3.0 CONTRACT BETWEEN JOHN AND DRAWIT. It is clear that there is a service contract in which Drawit is to provide a plan for John. Due to the fact that terms implied under Statute only apply to consumer contracts, we need to determine if one exists in order to enforce the implied terms. 3.1Is it a consumer contract? To illustrate whether it is a consumer contract, we need to compare the definition of consumer under Trade Practices Act (TPA) and Goods Act Part IV (GA-IV). s4B(b) (i) of the TPA required that price of the service be less that $40,000. If it exceeds that amount, it must be a kind ordinary acquired for personal use. s85(a) of the GA-IV restricted that amount to be under $20,000. Similarly, if exceeds that prescribed amount, it must be for  personal consumption. Given the service price of $1,400 and that John had acquired it for personal use, it is obvious that it falls under both the TPA and GA-IV. Therefore we know that there is a consumer contract. We then need to identify which of the Acts it falls into. 3.2TPA or GA-IV? TPA probably applies because there is evidence that Drawit is a corporation. This can be recognised by the ‘Pty Ltd’ in Drawits’s company name. Having recognised that it subjects to TPA, it is obvious that GA-IV does not apply. 3.3What are the Implied Warranties that have been breached? As Drawit provide the similar service as Sue, we assumed that John had also made know the purpose for which the plan was required and that relied on the seller’s skills to perform the service. (i)TPA s74(1) Due and skills Drawit supplied the services in the course of a business, so there is an implied warranty that the service will be rendered with due care and skill. The material supplied (plan) in connection with the service must also be fit for the purpose for which they are supplied. It is obvious that Drawit had breached this implied warranty because the material supplied was not fit for the purpose, i.e. it did not meet the Council’s standards. (ii)TPA s74(2) Fitness for particular purposes Applying our assumption that John had made known to Drawit his requirements for which the services were required and that Drawit had supplied the service in the course of a business. There is an implied warranty that the  service and the materials supplied in connection of the service will be reasonably fit for that purpose and that it is reasonable for John in that circumstances to rely on Drawit’s skill. The plan did not meet the Council’s requirement. This shows that it did not fit the purpose for which the services were required. Therefore there is a breach of this warranty. 3.4Can the implied terms be excluded? As the service provided is of a type ordinarily acquired for personal domestic or household use. Under s68 of TPA, Drawit cannot exclude or limit the implied warranties. 3.5What are the remedies that are available? John can terminate the contract and sue for damages. This means that he could get a refund for the services and also receive compensation for the losses caused by the breached of the implied terms.

The Rift Wars :: essays research papers

THE RIFT WARS Long before humans came to this part of the world, dwarves and elves made their homes in Caspia. Neither group bothered the other because they did not desire the lands of the other. After a time, however, their racial incompatibility began to wear on them. Since their basic attitudes and outlooks were so different, their infrequent encounters became less and less civil. Eventually, their leaders forbade their subjects to have anything to do with the other race. Feelings of mistrust and dislike grew as the years passed, eventually blossoming into hatred. Often, the younger, more hotheaded dwarves and elves disobeyed the orders of their elders. Members of each race began to stage guerilla raids on the other. Finally, the elves and dwarves declared an all-out war.   Ã‚  Ã‚  Ã‚  Ã‚  The elves, armed with powerful magic, reduced the fortresses of the dwarves to rubble. Their skilled archers also decimated the dwarven offense in the forest. Defeat for the dwarven army seemed certain, but the dwarves were not to be easily beaten. Exploiting the blustery winds of the Rift, the dwarves lit and burned large tracts of woods. Either to avenge the burning forest or to escape the mounting flames, the elves poured out of the woods in droves. As they emerged from the flaming trees, half blinded by hot ash and choking smoke, the dwarves mowed them down. The blood of these two peoples ran thick in the Caspian River.   Ã‚  Ã‚  Ã‚  Ã‚  Meanwhile, the truly evil god Morgion with his orcs and goblins capitalized on a chance to wreak havoc on two of their most hated enemies. They began to covertly destroy the villages of both elves and dwarves, knowing that the feuding creatures would blame each other for these atrocities. The young, the old, the crippled, and the infirm of both races began to feel the bite of both lawful and chaotic blades.   Ã‚  Ã‚  Ã‚  Ã‚  For a time, this ruse worked perfectly. The slaughter of the innocents served to inflame the passions of the combatants, and they fought all the more fiercely because of it. The elves and dwarves might well have exterminated one another, had not an elven child escaped the carnage in one of the orc raids and told his rescuers of the monsters who were actually responsible.   Ã‚  Ã‚  Ã‚  Ã‚  Then the elves and dwarves met under a flag of truce, where they agreed to set aside their differences and deal with the common enemy. Their combined forces were mighty enough to crush the hordes of the evil Morgion.

In What way is the “war like moor” flawed? Essay

Trace the stages of his demise and the affect it has on characters and events in the drama. Othello is a play which conforms to the generic features of a tragedy, The entire drama is about Othello’s downfall, which is orchestrated by Iago. The fall of Othello throws the play into chaos and brings down the people around him. Othello is a man with a powerful position within the army, the high position is one of the features of a tragedy. The protagonist needs to have a position to lose. The flaw that is magnified to bring him down is jealousy, this is seized on by Iago who makes Othello’s fate unavoidable. Othello is blind to this inevitable demise that causes him to murder his wife and his close friend Cassio to die. Every tragic hero performs an act of hubris, Othello’s act is to kill Desdemona. Othello believes he has the right to kill her because she has gone against convention to make him a cuckold, as a man he believes he has power to. The peripertia is an important time in the play, Othello has been having good fortune up until he murders Desdemona. This is when Othello has his anagnorisis, he realises that she was innocent and he killed her unjustly. Following this discovery Othello’s fall from greatness begins, he is no longer respected and he loses his position in the army. The death of Othello restores the natural order of the play. Othello is introduced to the audience by other characters within the play. Iago undermines the audience’s view of Othello as a hero, he focuses on Othello’s race and sexuality to present Othello as negative. Iago uses lots of sexual imagery, talking about an â€Å"old black ram† and a â€Å"white ewe†. He sets up imagery of Othello being a violent man with an innocent girl. This also brings in symbols, the black represents the devil and evil whereas Desdemona is shown to be innocent and pure. Othello’s male sexuality is shown as negative and beast like. Iago is preoccupied with Othello’s sexuality, he is jealous of his strength, masculinity and heroism. Brabantio accuses Othello of practising â€Å"foul charms† on Desdemona, he cannot understand how his pure daughter would fall in love with the â€Å"lascivious moor†. Brabantio sees it as being against â€Å"all rules of nature†. He believes that because Othello is a black man in a white society that he cannot have a high class white lady. Throughout the play there is contrasting viewpoints. Othello is respected by the Duke and others within the army, they believe him to be a â€Å"valiant moor† but Iago sees Othello as â€Å"defective†. This shows how Othello really is, respected and how Iago is the only person to see Othello as evil. Iago is blinded by his desire for revenge. There are further contrasts within the play with Desdemona being pure and Bianca being a â€Å"strumpet†. This enhances Desdemona’s image of being pure and faithful. She remains two dimensional in the play, a woman of unquestioning virtue. Othello is flawed in many ways, he is jealous and of honour but it is pride that leads to his ultimate undoing. The jealousy is his most evident flaw. He is portrayed to be a â€Å"green eyed monster†. This has as emotional and physical effect, he is green with envy and it eats away at his mind but also it affects his body. He suffers from epilepsy due to the stress he receives as a result of his jealousy. When Othello finds himself to be a â€Å"cuckold† his pride is wounded and he needs to regain it somehow. In an attempt at regaining it he commits an act of hubris, namely murdering his wife, the â€Å"fair lady†. As her husband he sees himself to be better than her and to therefore have power over her. It is implied within the play that Othello’s belief of himself as higher Desdemona morally is impossible. This is achieved through pathos as the audience emphasises with Desdemona. In depicting Desdemona as â€Å"divine† the audience sees her as a perfect wife, therefore when her husband wrongly kills her, the audience feels sorry for her and condemnatory to Othello. The audience recognises Othello has been manipulated however their sympathies do not lie with him as a victim in the same way they perceive Desdemona. It is very easy for Iago to manipulate Othello, this is mainly due to his reputation as an â€Å"honest† man and Othello’s naivety. Othello is also worried because he is a black, â€Å"unbookish† man in a white upper-class society. He does not truly believe that Desdemona can love him because of this and doubts her true love for him but really she is loyal to her â€Å"master†. Othello could not stand back and qualify why she loved him, he is driven by his own love. He believes he loved â€Å"not wisely but too well†. As Iago is seen to be a man of â€Å"exceeding honesty† Othello has no reason to query the seeds of doubt Iago sows. Iago does not say that Desdemona is having an affair with Cassio, he just makes remarks and informs Othello of things that make him doubt it. Iago tells Othello of Cassio sneaking away so â€Å"guilt-like†. This is so it cannot come back to him with Othello saying Iago told him. Also Iago acts resistant to reveal information about Cassio, pretending to defend him but really casting more doubt on him. Iago says he would rather have his â€Å"tongue cut† from his mouth than to expose Cassio but really he is happy to do it but wants the situation to seem worse. Iago believes he is justified in what he is doing to Othello but there is no real evidence to this being true. He has two main reasons for his attempts at bringing down Othello, he believes he deserved the job which Cassio was given and he thinks that Othello slept with his wife. Iago’s belief that Othello slept with his wife comes from a rumour he heard but it is not supported with proof. Iago knows that is probably is not true but he uses it as an excuse anyway, he admits it is only â€Å"thought† that Othello has slept with his wife. Othello’s skin colour contributes to Iago’s reasons to bring down Othello, he sees him as undeserving of the rank because of his race and he does not believe it matters if a black man is brought down. Iago wanted Cassio’s job because it would mean that he would have power and Iago craves power. He is frustrated at being constantly overlooked within the army and having no authority. Iago is respected for his honesty but this is ironic be cause he is the complete opposite. He says, â€Å"I am not what I am†, admitting he is putting an act on to everyone so he can gain trust to lead Othello to his downfall. A lot of Iago’s plans are for â€Å"sport†, he enjoys to see people suffer, he wants to see people suffer because he feels rejected. Iago is not seen as a best friend but as someone trustworthy, this upsets him, leading to his need for revenge. Iago sees himself to be the master of himself, â€Å"I follow but myself†, he is completely in control of his actions and his surroundings, even at the end of the play when his plot has failed he is in control by refusing to reveal his plot. Lodovico represents Venetian society and is a relative of Desdemona so his views are key to the play. Lodovico plays the part of the chorus, he is detached from the main event and has a critical perspective on Othello’s actions. Lodovico arrives late in the play and therefore does not see everything that has happened, he meets Othello for the first time and does not see the â€Å"valiant moor† he expected but a â€Å"cruel moor†. He arrives in the court to see Othello slapping his wife and does not believe that this can be the same man that the senate call â€Å"all-in-all sufficient†. Lodovico believes he is â€Å"deceived† by Othello and the stories he has heard of him. Othello’s downfall has now become public. Lodovico’s appearance in the play also reminds the audience of what Desdemona gave up to be with Othello, this makes the audience believe that Othello is even more demonic for attacking and murdering Desdemona. Othello’s demise brings chaos to the army, with him dead and Cassio being dismissed only Iago is left. If Iago had not been found out then he would be in charge of the army which would be a disaster. He would lead with a corrupt power and he would be tyrannical. The Venetian society would fall if Iago were in charge due to his self-obsession. Desdemona’s suffering starts with the handkerchief, at this point Othello believes his suspicions of her are confirmed. The highpoint of her suffering comes when it becomes public. When he slaps her in public there is a realisation by everyone that Othello is changing. The slap brings high embarrassment to Desdemona. The unjustified suffering which Desdemona is receiving has an emotional and physical affect on her, she is so upset and bewildered by what Othello is accusing her of, she questions everything he says, confused and bewildered. Desdemona cannot bring herself to say what Othello accused her of because she finds it so disgusting. The physical effects of her suffering are the slap that she receives and her death. Othello is insecure about his race and this leads to his belief that he never truly deserved her. As Othello never honestly believed that he deserved Desdemona Iago easily took him in. He is deceived by Iago’s lies and tricks because he never believed that Desdemona loved him and he does not believe what she says because of it. If he were not so insecure he would listen to her and realise that she was honest all along. Othello asks for â€Å"proof† of her affair but what he really wants is proof of her love. He gave her the handkerchief as a token of his love and he has not received anything in return. Othello is blind to many things, not just his own weaknesses but Desdemona’s undying love for him. Othello has no understanding of his own weaknesses and how they can be manipulated. He is also blind to the true virtue of Desdemona, he sees her as perfect at the start, with not one flaw but by the end he calls her a â€Å"strumpet†. Othello cannot see Desdemona as anything other than perfect or evil, there is no middle ground in his mind. In his mind she is either a â€Å"fair lady† or a â€Å"strumpet†, he believes she is an icon for good with no possibility for weakness. Othello is more accepting of the negative points, this is due to his life of â€Å"slavery† and situations of â€Å"imminent deadly breach†. He can relate to negative problems but he does not have any experience of a good life. Othello’s poor judgement leads to him wrongly dismissing his best friend and believing a deceitful Iago. Othello believes all that Iago says but ignores what the other characters say. He poorly judges the situation. Emilia is the most grief stricken character following Desdemona’s death, she feels that she is partly to blame for Desdemona’s death. She feels this because it was her that stole the hanky and gave it away, if she had not then Desdemona may not have died. Emilia is very loyal to Desdemona, she pledges her loyalty to Desdemona. After the murder she tells Othello that Desdemona is â€Å"heavenly true† and would not cheat on him. Her true feelings begin to emerge, she calls Othello a â€Å"devil†, she no longer fears him because by committing murder he has lost all power. She believes Othello is as â€Å"ignorant as dirt† to fall for Iago’s plans. Iago tells Emilia to â€Å"charm† her tongue, he does not want her to talk because she can reveal him for what he is. She ignores his orders and chooses to stay loyal to her mistress, saying she is â€Å"bound to speak†. The loyalty she has for Desdemona is greater than that for her husband, she takes this so far as to be killed. Iago shows no remorse for what he has done, he remains resolute and chooses â€Å"never to speak a word†, by doing this he remains in control and stops the situation becoming worse. Lodovico condemns Iago on his actions, he and Gratiano vow to make Iago talk through â€Å"torments† and torture if that is what is necessary. They feel Iago has committed a crime against Venetian society bringing down its General and causing chaos within the army. Justice is reinstated when Othello kills himself, the audience is made to feel that as he took a life it is right that his should be taken. The characters condemn Othello as the fool that he is and that he is revealed to be a slave of his passions. Othello dies seeing himself to be the enemy, killing not himself but what he has become. He recognises his own damnation and welcomes it to equal the scales. Othello cannot control what he does, he cannot control his emotions. Iago is seen for what he really is, a â€Å"cunning† man with overpowering greed and jealousy. He is hungry for power and this is what leads to him bringing chaos and destruction to the Venetian society. With Cassio in charge of the army, order is restored, the society can get on as if it had not happened. The realisation Othello has of his flaws give the audience a sense of catharsis, the audience feel that now he knows of his mistakes he cannot do more wrong. He feels bad for what he has done and understands that killing himself is the only way to restore order. It is arguable that the play does not give a sense of catharsis because it is never shown that Iago is tortured. The audience never sees him being properly punished for the problems he has caused. Also Iago never repent of what he has done, he never understands the pandemonium he has brought to the Venetian society. Overall Othello is flawed in many ways, he is jealous, insecure and full of pride, This leads to his demise and the demise of the other characters within the play.

Essay on Male Breast Cancer - 1361 Words

â€Å"The term â€Å"breast cancer† refers to a malignant tumor that has developed from cells in the breast† (Breast Cancer,n.d). What society does not realize, is that men have breasts. If men can have abnormal cell growths in the breast, they are except-able to breast cancer as well. Men need to be aware of the prevention, diagnoses, and treatments for male breast cancer. Society links breast cancer to women, but what about the males in our society? Males have breast tissues, Boys and mens bodies normally do not produce much of the breast stimulating hormones. As a result their breast tissue usually stays flat and small (Breast Cancer,2008). Men usually have mounds of fat breast tissue, but a small percentage can have real†¦show more content†¦Meanwhile, in addition to the males occupation, radiation exposure and age can lead to breast cancer developments ( National Cancer Institute, 2007). When these risk factors are revealed in a diagnoses of breast canc er, men have more advanced cancerous growths than women (Giordano, 2004). So men may think, how do I get breast cancer? Is it inherited? Breast cancer is normally linked by society though genetics of female family members. Some men in society may think that they, personally, can not get breast cancer because they are not women. While in todays society,some men normally link breasts to women. When men hear breast cancer, they may think of women. According to Fackelmann, if a male family member has a history of prostate cancer, the risk for cancer increases throughout other male or female family members (1992). Remember, the definition of cancer, abnormal cell growths of the breast tissue. Breast cancer does not choose between male or females. Males and females both have breasts tissue. However, patients with high risks include men and woman over the age of 40 (National Breast Cancer Foundation, n.d). 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