The Elements of a Contract

The Elements of a Contract 1.0 Introduction I am the Human Resource Manager for a recording company. My director who name Mr. Abu requested me to rent an apartment accommodation for three employees who came from oversea to stay in my state. So I am as the Human Resources Manager, I am expected to deal with the landlord. I need to find out the main element for binding a valid house rent contract. Apart from that, I need to brief the main element to my directors Mr. Abu and design a contract to show to Mr. Abu. Then, to assume that the landlord claim that my employees was damage the kitchen cabinets after one month they have stay in the rented apartment, so I am expect to write a report to Mr. Abu on what kind of legal solution that might can be taken by the landlord and how I am go to solve the situation and I need to justify my answer to avoid my legal liability on such damage to property in apartment. Apart from that, I need to describe the nature contractual liability arising from the damages that found in the house and whether tenants are partially or wholly liable for damages done to the premises. 2.0 The Main Element for Binding a Valid House Renting Contract 2.1 Offer An offer or proposal for the creation of an agreement is necessary. Section 2(a) Contract Act 1950 provides that if a person means another who is willing to do or omit to do something to the consent of the other as the act or abstinence could be obtained, it is said, on to make a suggestion. The first part of the Section 2(c) in the Contracts Act 1950 calls the person who make the proposal promisor. Under the contracts Act 1950 and English Law, an offer or proposal is something which is capable of being changed into the agreement by its acceptance. The proposal should be a definite promise to be bound provided certain specified terms that are accepted. The promisor or also called as the offeror must have stated his willingness to an obligation to undertake certain specific terms, leaving the option of its refusal or acceptance to the offeree, the person to whom that offer is made. Then contract is complete once the offeree is accept the offer. (GILLIES, P, 2004). Thus, offer is one of the parties made a promise to do or prevent from doing some specified action in the future. (Jec.unm.edu, 2015). Apart from that, the offeror may make the offer to a particular person or to the whole world. 2.2 Acceptance To form a binding valid house renting contract, the offer must have an acceptance. Acceptance of an offer is the offer was accept unambiguously. The acceptance must be an agreement to each of the terms of the offer. Section 2(b) of the contract Act 1950 provides that when a person made signifies his assent thereto to whom, the proposal is said to have been accepted. When a proposal was accepted, it will become a promise. Apart from that, the person that who is accepted the proposal is called promisee. In additional, acceptance must be communicated to the offeror. The communication of acceptance may be express or implied. (Gulshan, Kapoor and Paliwal, 2008). Furthermore, acceptance of any promise which is made in performance or words that could say to be express. In contrast, acceptance that made other than words and performance is say to be implies. For proposal to be changed in a promise, the acceptance of the proposal must be absolute and unqualified, so that the acceptance is complete consensus. Then, if the parties are still bargaining, agreement is still not yet formed and the proposer cannot prescribe silence as a manner of acceptance. 2.3 Intention to Create Legal Relations A statement to be an offer, it must be made with the intention that it be binding upon acceptance. It is also necessity that all the parties to an agreement have an intention to create legal relations which is meaning the parties intend the legal consequences attach to their agreement. (JONES, L, 2013). In short, the parties intend that the agreement will be binding with recourse to some external judge for this enforceability. In determining whether the parties intend their agreement to be legally binding, the courts are guided by two presumptions such as parties to a domestic or social agreement do not intend to be legally bound and parties to business agreement intend to be legally bound. These are presumptions only and can be rebutted by sufficient evidence to the contrary. 2.4 Consideration Considerations is something of legal value that each party gives to the contract to bind the agreement. (Goldman and Sigismond, 2014). So, the consideration is especially important where the agreement involves a promise to the act in a particular way in future. In exchanges where there is an immediate, simultaneous transfer of, for example, good for money, the doctrine of consideration applies in theory but rarely will causes practical problems. An agreement without consideration can consider is void. Apart from that, consideration need not be adequate and not be too vague. The words consideration defined as when, at the desire of the promisor, the promisee or any other person has done or refused from doing, or does or refused from doing, or promises to do and refused from doing something, such act or abstinence or consider as promise is called a consideration for the promise. 2.5 Certainty Certainty is the terms of a contract are certain when each of the provision is described or explained properly and clearly set forth. (Definitions.uslegal.com, 2015). The terms of an agreement cannot be vague but must be certain. An agreement which is not capable of being made certain or uncertain is consider as void. An enforceable contract requires certainty of terms. Which means for an agreement to be a contract, it must be apparent what is the terms of the contract are. If the important term in the agreement is not settled, the agreement is not a contract. 2.6 Capacity Capacity to contract is legal and mental ability to understand the nature of an enforceable agreement. (Goldman and Sigismond, 2011). Furthermore, capacity is mean that the legal competence of a person to enter into a valid contract. The parties entering into a contract should be also competent to contract, that is to said, they must have the legal capacity to do so. Capacity refers to the ability of the parties to a contract to fully understand its terms and obligations. For example, a contract made with person mentally unsound, a bankrupt person and person under age 18 in Malaysia is void. Every person is competent to a contract if who is of the age of majority which is eighteen years old to the law to which he is subject, and who is healthy and not disqualified from contract by a law which it is subject there. However, there are some exceptions to this rule which are Contracts for necessaries, Contracts of scholarship and Contracts of insurance as well. 3.0 The Damaged level of kitchen by Alex Recording Sdn Bhd employee Alex Recording Sdn Bhd employees have damaged a part of the premise which is kitchen’s cabinet. The damaged cabinet has been left for a long period without any maintenance or repair. 3.1 Legal action take by landlord Due to Alex Recording employee Sdn Bhd employees had damaged the kitchen’s cabinet and left for a long period without any maintenance or repair. Therefore, the landlord is going to take legal actions towards Alex Recording Sdn Bhd based on the rental agreement’s conditions as follows: (Please refer to Appendix 1.1 Rental Agreement number 11 and 12) 3.2 Landlord takes action to against Alex Recording SdnBhd The landlord will takes civil action to against Alex Recording Sdn Bhd due to Alex Recording Sdn Bhd is breach of contract cases. According to wiseGEEK (no date) has reported that a civil action is usually brought for the purpose of resolving private legal issues that arise between business, people, or other entities. There also mentioned some of the most common kinds of civil actions include family law proceedings, civil rights violations, breach of contract cases, and personal injury lawsuits. Landlord can’t takes criminal action to against Alex Recording Sdn Bhd due to criminal action is brought by government (society) to determine whether the guilty person committed the unlawful act and to determine the accused person’s punishment reported by NDSU (no date). NDSU also reported that criminal action punishment will be imprisonment or a fine paid to the government, and the case of criminal action such as Armed Rubbery. 3.3 The Argument to against landlord According to Alex Recording Sdn Bhd employees said that the kitchen’s cabinet was broken before they move in. However, Alex Recording Sdn Bhd employees still used the cabinet but without repair it. That mean that the cabinet is not broken by Alex Recording Sdn Bhd employees and it should by someone else who had rented the premises before. Basically, Alex Recording Sdn Bhd is not liable to pay the repair fee to the landlord due to the cabinet is not broke by their employees and also the Rental Agreement didn’t notice or mention that the RESIDENT should check all the items is on the good condition before move in the premises. 3.4 Element of the contract between Alex Recording Sdn Bhd and landlord Offer Is a proper offer. Acceptance Is a proper acceptance. Consideration The agreement have consideration. Certainly The agreement is certain. Capacity Both parties have legal capacity. Intention to create legal relations -The agreement is intention to create legal relations. (Please refer to Appendix – â€Å"2.1 Case law† to check the similar case) 4.0 Contractual Liability for the damages of house The employees of Alex Recording have damaged the kitchen’s cabinet. Hereby, there are several elements of contract which has existed in this case. The elements are offer, certainty, consideration, capacity, intention to create legal intention as well as acceptance. 4.1 Offer There’s a valid offer which offered by Alex Recording, which proved by the signature of Director of Alex Recording. Moreover, terms and condition has written down in the contract by offering the landlord to have the signature. 4.2 Acceptance The acceptance in this situation is valid. We assume that the landlord has read the terms and condition only the landlord sign the contract. Meaning to say that the landlord has agreed to the contract before the landlord sign and accept this offer by Alex Recording. 4.3 Consideration There’s consideration in this contract which state in the first terms and condition in the contract, that the Alex Recording will pay RM1300 in advance for the first month as well as the security deposit of RM300, in total is RM2050 are to be paid to the landlord, Lim Wei Shang. 4.4 Certainty This contract is definitely certainty and there’s no vague terms and condition written, and labeled neatly. 4.5 Capacity The offeror and offeree has been officially 18 and above. Apart from that, both of the parties are not mentally unsound. Furthermore, they’re not in bankrupt. Thus, this is a valid contract. 4.6 Intention to create legal relation In this case, there’s an intention to create legal relation which is business relation between landlord and director. Our party will only agree to take the responsibility of partially liable since the cabinet in the kitchen is already not in a good and well condition before we starting the agreement contract and entered into rented the room. We will only take half of the responsibility as we are only partially liable for the damage of kitchen cabinet. The cabinet is too old can be see it was use many year and it is the landlords responsibility in change of a brand-new or a well-fixed cabinet before renting the room out. The landlord should also be partially liable for the damage as the landlord should take care of the safety of the customer. The landlord had already broken a condition called contributory negligence. As such, we will only be partially liable of the damage as we should not be the only party that should be responsible for the damage. As the supported by judicial precedent which is previous case law. (Please refer to Appendix 3.1 Case Law to check the similar case) 5.0 Conclusion Law can define as the body of customary rules recognized by a community as binding. Apart from that, law is defining as a body of rules which are enforced by the state. Contract may be defined as an agreement enforceable by law. Contract is an agreement which is legally binding between parties. The main element of law of contract is offer, consideration, certainly, capacity, acceptance of an offer and intention to create legal elations. In conclusion, Alex recording Sdn Bhd only partially liable on the damages of kitchen cabinet because of the kitchen cabinet is already damages before employees of Alex recording is starting the agreement and entered the rental apartment. The landlord should also be partially liable for the damage as the landlord should take care of the safety of the customer.

Anorexia Nevrosa

Anorexia Nervosa is an emotional illness in which a person refuses to consume due to a fear of gaining weight (Charles Michael Wuhl, 1991). It occurs chiefly among adolescent girls and young women. Anorexia means â€Å"without appetite†; however most Anorexics are actually extremely hungry most of the time due to a lack of consumption (Charles Michael Wuhl, 1991). Psychological reasons seem to be the major cause of rejecting food. Through the period of Anorexia, Anorexics will experience a craving for food known as bulimia (Charles Michael Wuhl, 1991). But after this craving sensation subsides, they make themselves vomit or overdose on laxatives as well. The Chief physical symptom of Anorexia Nervosa is dramatic weight loss at around ? of the body weight (Charles Michael Wuhl, 1991). Other symptoms are low blood pressure, slow heartbeat and the growth of fine hair on the body. The lack of food begins to affect their mood. A major amount of Anorexics will actually separate themselves from people and have a depressed appearance (Charles Michael Wuhl, 1991). Because Anorexia is a Psychological issue, most Anorexics consider themselves healthy or overweight despite the obvious physical changes. Treatments of Anorexia may include Hospitalization, Psychotherapy, and medication. If suffered by malnutrition they should be hospitalized (Charles Michael Wuhl, 1991) However, about half of people with long term anorexia nervosa can receive serious medical issues such as Osteoporosis from lack of calcium in the diet(serious for teens still in growth) joint injuries from too much exercise, and kidney problems due to abusing laxatives and dehydration( Adam Husney MD, 2011). When it comes to Gender, Women are more likely to develop an eating disorder han Men. However in teenage eating disorders it seems that 19% to 30% of patients are male. Male anorexics currently hold these interesting statistics due to research. The lifetime prevalence in Anorexia in Men is 0. 3 %( Hiripi, E. , 2008), Four percent of male teens in the tenth grade demonstrate an obsession with body image and have turned to anabolic steroids to Alter their appearances (Boyce, W. F, 2006) and now More Male Models are n ow being pressured to slim down in order to land top fashion jobs in the industry(Trebay, G, 2008). Eating Disorders and anorexia statistics show that disordered eating can be fatal without proper treatment; about 20% of sufferers will die without treatment, but the number drops to 3% with treatment. However, only 10% of anorexics actually will receive treatment for eating disorders, due to three main reasons (2006 South Carolina Department of Mental Health). The cost to enter an eating disorder treatment center is about $500 to $2,000 per day (2006 South Carolina Department of Mental Health). Receiving insurance coverage for the cost of treatment is usually impossible. They’re insurance companies that actually eliminate eating disorder treatment and refuse to pay the hospital fare for those patients. This results in a humongous percent of people paying out of pocket by any means necessary to help themselves or a loved one. If by chance an Anorexic gets admitted into a treatment center, the length of stay is typically ranged between 30-60 days at minimum. Most Anorexics and disordered eaters are often resistant to going to an invasion of their â€Å"Privacy† (Anorexia-reflections/statistics). Men with Anorexia Nervosa are less likely to occur than a female with anorexia nervosa. Anorexic females are easier to identify then males. Females lose weight drastically while Men loose body tissue which is harmful for the physique (aplaceofhopeforeatingdisorders. com). About 10% of eating disorder cases are males; But they’re less likely to seek treatment because its perceived as a â€Å"women’s disease†(National Eating Disorders Association). They are several cases of Males with Anorexia Nervosa. One boy named Eric Ostendorf ate nothing but an apple during his first four months of 10th grade. When he became a senior, he developed a habit of starving himself, while engaging in obsessive compulsive exercises. â€Å"I would wake up†¦run in the shower†¦pump 100 pushups†¦hide the food†¦then flush it down the toilet†, Ostendorf said(Julie Rosenberg, ParentDish). Ostendorf’s parents decided to appear on the Dr. Phil show. The episode was title â€Å"Body Obsessed Boys† to aim at boys obsessed with working out to achieve a certain â€Å"look† to please women. His mother Becky also informed ParentDish through phone that their insurance expired so chances of helping him on their own ran out. Hoping that they’ll receive help, his whole family appeared on the Dr. Phil show. Dr. Ted Weltzein the Medical Director of Rogers Memorial Hospital, appeared and offered Ostendorf a full evaluation and treatment. A journal entry shared by Ostendorf on his 16th birthday gave family and friends a heads up that he’s in full recovery and plans on studying pre-med to help other kids with eating disorders. Another Male Anorexia case was a Calvin Klein model by the name of Jeremy Gillitzer. He was struggling with anorexia on a long term platform. He was constantly in and out of treatment facilities. He would exercise relentlessly at about 5 hours a day and then binge on a gallon of ice cream. After being hospitalized for his condition at Methodist Hospital's Eating Disorder Institute, He appeared on Inside Edition, and his life testimony was even named â€Å"one of the Most Extraordinary Stories of '08†( Kevin Hoffman, 2010). Despite reaching to the masses about his life crisis, he withered his body down to 66lbs when he passed away at 38 years old in 2010. Anorexia Nervosa in males is rare. But nevertheless, an issue due to the ways people attempt to hide it from the public. If one isn’t aware of how a friend or loved one is changing physically, that can cause a life to be lost. More attention needs to be brought towards this disorder.Reference Page:http://www.concordhospital.org/app/healthwise/document.aspx?id=ty6319 http://www.nlm.nih.gov/medlineplus/ency/article/000362.htm Website: http://www.state.sc.us/dmh/anorexia/statistics.htm Website: www.parentdish.com/2010/12/30/male-anorexia-one-boys-story/? Wuhl, Charles Michael, M.D. Clinical Assistant Professor in Psychiatry, New York University, Anorexia Nervosa 1991 World Book Encyclopedia Agras WS (2008). The eating disorders. In DC Dale, DD Federman, eds., ACP Medicine, section 13, chap. 9. Hamilton, ON: BC Decker. Rozenberg, Julie Z., Male Anor exia: One Boy's Story, 12/30/10, ParentDish Treasure J, Claudino AM, Zucker N. Eating disorders. Lancet. 2010; 375(7914):583-593.Attia E, Walsh BT. Behavioral management for anorexia nervosa. N Engl J Med. 2009;360:500-506. Rosen DS; the Committee on Adolescence, Identification and management of eating disorders in children and adolescents. Pediatrics. 2010;126(6):1240-1253. American Psychiatric Association. Treatment of patients with eating disorders, third edition. American Psychiatric Association. Am J Psychiatry. 2006;163(7 Suppl):4-54. Fisher Ca, Hetrick SE, Rushford N. Family therapy for anorexia nervosa. Cochrane Database Syst Rev. 2010 Apr 14; (4):CD004780. Mardcus MD, Wildes JE. Eating disorders. In: Goldman L, Schafer AI, eds. Cecil Medicine. 24th ed. Philadelphia, Pa: Saunders Elsevier; 2011:chap 226. Kevin Hoffman Thu., Jun. 3 2010, 9:53 AM, â€Å"Jeremy Gillitzer, male eating disorder sufferer dead at 38†

The Themes of Robert Frosts Poetry

The main themes of Robert frosts poetry are: Nature and mans interaction with it. Also real people and real struggle; the deeper meanings of everyday life. For this essay I will discuss ‘mending wall', ‘the road not taken', ‘out, out-‘ and ‘provide, provide’. Mending wall is about a stone wall separating the speaker's property from his neighbour’s. In spring, the two meet to walk the wall and make any necessary repairs. The speaker sees no reason for the wall to be kept as there are no livestock to contain. This wall building act seems to have ancient roots. It involves spells to stop the elves or whoever from breaking the wall. The neighbor appears a stone-age savage while hoisting and re-building the wall. This poem deals with nature and peoples interactions with it. By keeping the wall in good condition they are keeping their land and also their relationship healthy. The road not taken, in this the speaker stands in the woods, considering a fork in the road. Both ways are equally worn and overlaid with untrodden leaves. The speaker chooses one telling himself he’ll choose the other another day . et he knows it is unlikely that he will have the opportuninty. This fork in the road which shows two paths symbolises free will and fate; we are free to choose, but we do not really know what we are choosing between. This is a real decision real people make in everyday life. In outout frosts decpicts the abrupt death of a young boy whose hand was cut off during an accident with a buzz saw. The boys begs his sister not to allow the docto r to amputate his hand but inwardly realises he has lost too much blood. The boy dies under anesthesia and everyone goes abck to work. Frost seems to be sayong there was no real need for the boys death and the adults are to bkame in thos situation. Hpwever frost knows death is a part of life. This poem nderlines the inevitability of death and the futitily of life. Provide provide is a reminder that life can be harsh and unforgiving. Frost wrote this poem in hos early sixties and was probably feeling like life was catching up on him. He was beginning to feel his age. Frosts talks about the facts of getting oler, for example beauty fades and we should enjoy our fifteen minutes of fame because they won’t last . he also offers some advice; make sure you die early so people remember you as young, but if you aren’t lucky enough to die young make a lot of money so you can live and die in comfort. When the time comes to die make sure you surround your self with friends you either made or bought, don’t die alone. The last two lines are also the title reminding us to provide for our old age because no one else will. This poem features heavily on regret. Frost regrets that he spent too much time living in the present and didn’t put anything aside for hos later years, he seems quite bitter about this. This poem is also about mortality and the face that old, and subsequently death, happens to everyone. Robert frost deals with life issues in his poetry. He writes openly about his opinions on life and death. These topics affect us all and therefore we can relate to them.

Analysis of the Lottery by Shriley Jackson - 552 Words

The Lottery This story is about a ritual performed in a small town of about 300 people each year on June 27th. On that day all members of each family begin to assemble at ten in the morning to conduct the annual lottery. The lottery has taken place for years and the practice is conducted to choose a suitable sacrifice for a successful harvest. The lottery is conducted Mr. Summers who is married but with no children and he is assisted by Mr. Graves. Before starting the lottery several lists are created which must include each member of every family in the town. It also verified that each member of the community is present before the lottery begins. To conduct the lottery a very old black box is brought forward and a piece of paper with each member from the community is placed inside of it. One member of the community arrives late to the ceremony by the name of Tessie Hutchinson. Upon arrival she takes her place next to her husband and children. As the lottery begins, each head of household is called alphabetically to come forward and take a piece of paper from the box. After all families have drawn a paper slip they check them at the same moment. The Hutchinson family has unfortunately pulled the special slip to the dismay of Tessie who feels they were not given the appropriate amount of time to choose. Mr. Summers then prepares the box to hold only five slips of paper and asks each member of the family to come forward and select another. After all slips are