Commercial law-Sale of goods Case Study Example | Topics and Well Written Essays - 3000 words

Commercial law-Sale of goods - Case Study Example But the accepted offer by post instead of the agreed wagon driver. The wagon driver arrived before the letter of acceptance reached E. It was held that there was no contract. In Malik vs. Constance however, there was no particular mode agreed upon of accepting the offer and therefore, Malik had the liberty of to use any. The question however is, if by leaving his acceptance on Constance's' telephone answering machine there was a valid acceptance. 1 (b) For acceptance to be effective, it must be communicated to the offeror. However, there are exceptions when an acceptance would be effective through no communication has taken place. Some of these exceptions include when acceptance is by post. It contrasts with the general rule that a contract is complete only when acceptance is actually communicated to the offeror. However, communication by telephone is not captured in this exception to the rule of communication. The law says that where there is such a communication between the parties i.e. where the means of communication is telephone, telex etc, and the contract is only complete when acceptance is received by the offeror. This was held in the case of Entores Ltd Vs. Mles Far East Corporation. In this case, the plaintiffs in London made an offer by telex to the defendants through their agent in Holland. Acceptance of the offer was communicated and received by their plaintiff on their telex machine in London. The court had to determine whether the contract was made in London or in Holland. It was held that since communication by telex was instantaneous, the contract was concluded in London where the acceptance was received by the offeror. 2 In the case of Malik vs. Constance, Malik cannot claim that he had accepted Constance's offer to buy the suit unless contrast admits that he opened and listened to his phones answering machine the message Malik had left. Malik's action against Constance to recover the damage caused by vandals will not succeed because the damage would not be foreseeable by Constance by the time the contract was being made. On of the rules of consideration is that it must be real. The fact is that the suit had not been delivered to Constance and it would be illegal for Malik to recover money from him for nothing sold. Consequently, Constance cannot successfully sue Malik for breach of contract. Under the law of contract two parties are under an obligation to fulfil their requirements under the contract and also to be bound by its terms and regulations. In this case, the only term condition that was to be maintained in the contract was that of further modifications to the suit long of furniture. And Malik made the modifications as agreed. In fact Constance, knowing very well that he was away on business could've taken reasonable steps to check for any information in this telephone. Malik could not have foreseen the theft that occurred in this premises. Therefore Constance action will also fail. 3 Malik Vs Bedenhams Under the sale of goods act, there is an implied condition that the goods must correspond with the description. This was held in the case of Varley vs. Whip. In this case, the

The Three Elements of the Female Athlete Triad Essay -- Athletics Wome

The Three Elements of the Female Athlete Triad For an increasing number of women in the United States, a concern or preoccupation with body weight and size is a constant pressure. Female athletes, like most women in our society, are also often pressured to conform to certain ideal body sizes and shapes, as dictated by the entertainment and fashion industries. Female athletes, however, face a twofold pressure. They face the burden that our culture places on all women to be thin, but they also face the burden from coaches, parents, and other athletes to succeed in sports and look good doing so by maintaining an unrealistically low weight. When weight gain means removal from a team or elimination from competition, many female athletes turn to dangerous food restriction and excessive exercise. This pressure to achieve or maintain unrealistically low body weight underlies the development of a syndrome recently named the Female Athlete Triad. First identified by the American College of Sports Medicine in 1992, the Female Athlete Triad consists of three medical disorders commonly found in female athletes: disordered eating, amenorrhea, and osteoporosis. Alone each disorder is dangerous; in combination the triad disorders are potentially fatal. Eating Disorders in Female Athletes Before evaluating the available studies on the prevalence of disordered eating among female athletes, it is necessary to recognize the many limitations and problems that arise with such studies. First of all, there are a limited number of studies on this segment of females and their eating patterns. Also, many of these studies rely on self-reporting surveys, which inherently may be flawed due to the fact that many athletes may deny disordered eating b... ...74-1475. Smith, A. (1996). The female athlete triad. Physician and Sportsmedicine, 24, 67. Weight gain does not increase bone density in women with eating disorders. (2000) International Journal of Eating Disorders, 27, 29-35. Wiita, B.G., Stombaugh, I.A. (1996). Nutritional knowledge, eating practices, and health of adolescent female runners: a 3-year longitudinal study. International Journal of Sports Nutrition, 6, 414-425. Williams, N.I., Young, J.C., McArthur, J.W., Bullen, B., Skrinar, G.S., Turnbull, B. (1995). Strenuous exercise with caloric restriction: effect on luteinizing hormone secretion. Medicine and Science in Sports and Exercise, 27, 1390-1398. Yeager, K., Agostini, R., Nattiiv, A., and Drinkwater, B. (1993). The female athlete triad: Disordered eating, amenorrhea, osteoporosis. Medicine and Science in Sports and Exercise, 25, 775-777.

When to Salute

When to salute Army personnel in uniform is required when you meet and recognize persons entitled by rank. Do not solute, when it is inappropriate or impractical, like in public conveyances such as planes and buses, in public places such as inside theaters, or when driving a vehicle. Salute is also rendered: (1) When the United States National Anthem, â€Å"To the Color,† â€Å"Hail to the Chief,† or foreign national anthems are played. (2) To uncase National Color outdoors. (3) On ceremonial occasions. (4) At reveille and retreat ceremonies, during the raising or lowering of the flag. 5) During the sounding of honors. (6) When pledging allegiance to the US flag outdoors. (7) When turning over control of formations. (8) When rendering reports. (9) To officers of friendly foreign countries. Salutes are not required when: (1) Indoors, except when reporting to an officer or when on duty as a guard. (2) A prisoner. (3) When is saluting is obviously inappropriate? Is when, a person carrying articles with both hands, or being otherwise so occupied as to make saluting impracticable, is not required to salute a senior person or return the salute to a subordinate. In any case not covered by specific instructions, the salute is rendered. (4) Either the senior or the subordinate is wearing civilian clothes is reporting Indoors. When reporting to an officer in his office, the soldier removes his headgear, knocks, and enters when told to do so. He approaches within two steps of the officer’s desk, halts, salutes, and reports, â€Å"Sir (Ma’am), Private Jones reports. † The salute is held until the report is completed and the salute has been returned by the officer. When the business is completed, the soldier salutes, holds the salute until it has been returned, executes the appropriate facing movement, and departs. When reporting indoors while carrying a weapon in your hands, by a sling or holster. The procedure is the same except that the headgear is not removed and the soldier renders the salute prescribed for the weapon with which he is armed. Reporting Outdoors; When reporting outdoors, the soldier moves rapidly toward the officer, halts approximately three steps from the officer, salutes, and reports. When the soldier is dismissed by the officer, salutes are again exchanged. If under arms, the soldier carries the weapon in the manner prescribed for saluting. Saluting officers in official vehicles by recognized individually by grade or identifying vehicle plates and/or flags, is considered an appropriate courtesy. Salutes are not required to be rendered by or to personnel who are driving or riding in privately owned vehicles except by gate guards, who render salutes to recognized officers in all vehicles unless their duties make the salute impractical. When military personnel are drivers of a moving vehicle, they do not initiate a salute In Formation; Individuals in formation do not salute or return salutes except at the command, †present, ARMS†. The individual in charge salutes and acknowledges salutes for the entire formation. Commanders of organizations or detachments that are not a part of a larger formation salute officers of higher grade by bringing the organization or detachment to attention before saluting. When in the field under battle or simulated battle conditions, the organization or detachment is not brought to attention. An individual in formation at ease or at rest comes to attention when addressed by an officer. Not in Formation; On the approach of an officer, a group of individuals not in formation is called to attention by the first person noticing the officer, and all come sharply to attention and salute. Individuals participating in games, and members of work details, do not salute. The individual in charge of a work detail, if not actively engaged, salutes and acknowledges salutes for the entire detail. A unit resting alongside a road does not come to attention upon the approach of an officer; however, if the officer addresses an individual (or group), the individual (or group) comes to attention and remains at attention (unless otherwise ordered) until the termination of the conversation, at which time the individual (or group) salutes the officer. Outdoors; Whenever and wherever the United States National Anthem, â€Å"To the Color,† â€Å"Reveille,† or â€Å"Hail to the Chief† is played, at the first note, all dismounted personnel in uniform and not in formation face the flag or the music, if the flag is not in view, stand at attention, and render the prescribed salute. The position of salute is held until the last note of the music is sounded. Military personnel not in uniform will stand at attention and remove headdress, if any, with the right hand. Then place the right hand over the heart. Vehicles in motion are brought to a halt. Persons riding in a passenger car or on a motorcycle dismount and salute. Occupants of other types of military vehicles and buses remain in the vehicle; the individual in charge of each vehicle dismounts and renders the hand salute. Tank and armored car commanders salute from the vehicle. When the National Anthem is played indoors, officers and enlisted personnel stand at attention and face the music or the flag if one is present. Last, Small flags carried by individuals, such as those carried by civilian spectators at a parade, are not saluted. It is improper to salute with any object in the right hand or with a cigarette, cigar, or pipe in the mouth. Officers and enlisted men under arms uncover only when; (1) Seated as a member of (or in attendance on) a court or board. (2) Entering places of divine worship. (3) In attendance at an official reception. b. Male personnel remove their headdress indoors. When outdoors, military headdress is never removed, or raised as a form of salutation. c. Female military personnel will remain covered at all times when it would be appropriate for civilian women at a similar function to wear a hat. They must wear headgear when in uniform outdoors if headgear is authorized.

A Brief Note On Unemployment And Its Impact On The Economy

I. Introduction Unemployment is a global issue considering its overall impact on the economy. The main purpose of the analysis is to identify and analyze the causes and effects of unemployment in the global economy and provide possible solutions for it. By definition, unemployment occurs when a person who is actively searching for employment is unable to find work. It is often used as a measure of the health of the economy. The most common measure of unemployment is the unemployment rate. II. Key Terminology Unemployment Rate - It is calculated as a percentage by dividing the number of unemployed persons by the number of people currently in the labor force. Global Economy – It refers to the economy of the world, comprising different economies of individual economies, with each economy related with the other in one way or another. III. Facts The following highlights the main facts related to unemployment and its impact on global economy: †¢ Increase in Population – This factor leads to higher unemployment rates, as the number of people who are looking for jobs is increasing, it becomes more difficult to accommodate jobs for all these number of workers. This results to increase in demand for work than the available occupations. This situation will continue as long as there is an existence of supply-demand gap for countries. China’s unemployment rate is 4.10 and has been stable over the years after the government implemented â€Å"one-child† policy. †¢ Fall inShow MoreRelatedA New Up And Coming Uk Government1674 Words   |  7 Pagesrise in unemployment and the lengthy period of recession. 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