Acceptance Under Contract Law Essay Example | Topics and Well Written Essays - 1500 words

Acceptance Under Contract Law - Essay Example Consideration is an added benefit that is bargained for and may also include a promise to compromise upon a dispute, but the important factor is that it must be a new obligation, over and above what has already been agreed to in the original contract. The principle of consideration determines whether an oral promise may be enforceable since an implicit contract is formed if the person making the promise is receiving something in return – some consideration [www.abanet.org, pp 22]. This involves the exchange of â€Å"something of value† or the promise to do something in future.[www.bplans.co.uk, 2003]. The basic premise of a contract is the concept of Offer and Acceptance. When one party makes an offer and another party accepts it – either orally or in writing – then a contract is said to exist [www.bplans.co.uk, 2003]. In order for a contract to be valid, both the parties need to exchange something of value. If one party promises orally to give something to the other but does not follow through with it, his promise is not enforceable, unless the other party agreed to do something in return for the promised gift, in which case a contract does exist and may be enforceable. Once an agreement has been made and a contract entered into, any agreement to vary the contract is likely to be based upon some consideration, especially if the pacts is increased under the doctrine of economic duress. The doctrine of consideration has however been argued as being too â€Å"blunt an instrument† since its â€Å"reasoning was such that it could make a promise invalid even thoug h no pressure had been exerted by the promisee at all.† [Trietel, 2002, pp 14]. In this connection, there is already in existence a written contract between the two parties, which lays out the terms of payment for services rendered, ie, three installment payments of 10,000 pounds each to be made by Roger.

Post operative pain assessment Essay Example | Topics and Well Written Essays - 2000 words

Post operative pain assessment - Essay Example The scale of the problem can be analyzed through a large number of clinical studies which have proved that patients often experience poor pain management and assessment by the medical professionals. Although the percentage of patients who complain about post-operative pain is low but the overall situation presents significant concerns. In the recent years medical professionals have tried to use technology based pain assessment techniques but the results do not show any significant improvement from patient’s perspective (Mackintosh). The paper is divided in different sections including tools, communication, training, patient education and recommendations. All of these will be discussed critically with the help of contemporary healthcare practices. There is a wide range of standardized post-operative pain assessment tools which are used by nurses. These can be distinguished in to two fundamental categories including uni-dimensional and multi-dimensional. Research indicates that multi-dimensional tools are rarely used in the post-operative pain assessment especially within the clinical setting. This is because they consume significant time while being highly complex in nature. Hence the most commonly used tools for pain management and assessment are uni-dimensional. The distinctive feature of these tools is that they focus on one or two major aspects of pain experienced by patients, for instance, they are usually used for reducing the pain intensity with respect to its location (Mackintosh). Fundamentally patients are required to mark the pain location on a body diagram which is then used by nurses. Despite of various benefits attached to the use of uni-dimensional pain assessment tools one must use them with precautions because they are specially targeted to reduce certain aspects of pain. Extensive precautions are also necessary because uni-dimensional

Choices for Capital Structure for Firms Undergoing Merger Essay

Choices for Capital Structure for Firms Undergoing Merger - Essay Example The essay "Choices for Capital Structure for Firms Undergoing Merger" discusses the importance given to the propositions made by Modigliani and Miller when there are instances, such as mergers and acquisitions between two companies, which require raising new capital or reshuffling the existing capital structure. The understanding of the propositions presented by Modigliani and Miller reveals that there are four different outcomes which resulted from continuous research conducted in the late 50s and early 60s. At the beginning, Modigliani and Miller presented the first proposition which established that in the presence of certain conditions the choice of the capital structure of a firm, which comprises of proportions of debt and equity, does not have any impact on the overall value of that firm. The next proposition, which is the second one, puts forward the idea that the extent to which a firm leverages its business does not affect the WACC (weighted average cost of capital) of that firm. In other words, this idea proposed that the cost of capital, i.e. the equity based capital, is directly related to a linear function to the capital structure of the firm, i.e. the debt to equity ratio. The third theorem or proposition established that whatever may be the dividend policy of a firm, the market value is not affected by it. Lastly, the fourth proposition holds that the shareholders of a firm are not interested in the financial policies of their firm. Therefore, think of the firm as a gigantic tub of whole milk... The understanding of the propositions presented by Modigliani and Miller (1958) reveals that there are four different outcomes which resulted from continuous research conducted in late 50s and early 60s (Modigliani and Miller 1958, Modigliani and Miller 1963). At the beginning, Modigliani and Miller (1958) presented the first proposition which established that in the presence of certain conditions the choice of the capital structure of a firm, which comprises of proportions of debt and equity, does not have any impact on the overall value of that firm (Villamil 2006, Modigliani and Miller 1958). The next proposition, which is the second one, puts forward the idea that the extent to which a firm leverages its business does not affect the WACC (weighted average cost of capital) of that firm. In other words, this idea proposed that the cost of capital, i.e. the equity based capital, is directly related in a linear function to the capital structure of the firm, i.e. the debt to equity ra tio. The third theorem or proposition established that whatever may be the dividend policy of a firm, the market value is not affected by it. Lastly, the fourth proposition holds that the shareholders of a firm are not interested in the financial policies of their firm (Villamil 2006, Modigliani and Miller 1958). In order to explain the concepts underlying the propositions, Miller (1991) presented a simple example for the purpose of explaining the same. As per Miller (1991), â€Å"Think of the firm as a gigantic tub of whole milk. The farmer can sell the whole milk as it is. Or he can separate out the cream, and sell it at a considerably higher price than the

Emerging Technology and Its Implications Essay Example for Free

Emerging Technology and Its Implications Essay With the increasing attention being accorded to climate change in the mainstream media these days, there is also an increased attention being given to technological solutions to assist in combating the problem. While such solutions are admirable in that they go above and beyond the usual calls for recycling and the purchase of ‘green’ products – which have been proven to be of trivial impact upon the large scale flaws in systems of production and consumption that characterize industrial modernity – not all of them should embraced uncritically. It is only by subjecting every proposal to save the planet to scrutiny that we can determine a truly sustainable future. One of the ideas that has been receiving increasing currency in environmentalist discussions are large scale planetary ‘technofixes’ collectively referred to as geo-engineering or planetary engineering. These include mirrors in space designed to reflect excess amount of sunlight, artificial trees designed to suck carbon out of the atmosphere, and managed release of sulfates into the atmosphere, and many, many other epic plans to manipulate the ecological fabric of our planet.   Here’s the rub: The term geo engineering is a rather questionable one, as it implies that it has the same kind of empirical or mathematical certainty as engineering when it doesn’t. It smoothens over many of the bumps and curves that characterize our problems and demand creative solutions. In effect, planetary salvation becomes as easy as building a tunnel into a hill or a bridge across a river, when in fact our collective understanding of the systemic impacts is far less than the geo engineering promoters would have us believe. One might as well call it ‘planetary experimentation.’ While the potential benefits proposed are of an epic magnitude, this magnitude would also apply to the potential consequences. Take for example a proposal to suck carbon dioxide into the planet’s oceans by seeding it with iron deposits. Many, including the Scientific Steering Committee of the Surface Ocean-Lower Atmosphere Study (SOLAS) and the World Conservation Union (IUCN) have observed that this has the potential to worsen ocean acidification and lead to catastrophic results for marine ecology: The oceans are complex, dynamic, unpredictable and already vulnerable †¦ We need   [to] build their resilience, not undermine it [not] quick fixes to this global problem that may [cause far more long-term harm] than good. (Gjerde) Additionally, the historical track record of large scale intervention in the name of environmental concern has never been very good to begin with, asserts Alex Steffen of Worldchanging: â€Å"From damming rivers to fighting forest fires to eliminating pests †¦ efforts have †¦ in hindsight [been] so overrun with unintended consequences as to become full-blown disasters, often †¦ worse than the original problems . [And the] cost of errors [increase] with the magnitude of the attempted solution.† (Steffen) Geo engineering is essentially a ‘silver bullet’ solution, one which reduces the political will to creatively retrofit our present lifestyles in such a manner as to be sustainable and environmentally sound, while still being able to enjoy the luxuries of post-industrial advancements. In essence, the tools for a greener world are already here and their downsides are negligible in the face of overwhelming benefits both environmental and societal. In any case, discussion over geo engineering merely provides a distraction from mustering the political will necessary to effect true change. It provides climate change skeptics a justification for political indifference to redressing our present way of life: Why opt for better designed cities, fuel efficient vehicles and profound infrastructural rethinking when we can merely ‘erase’ the effects of our problematic systems? One’s stance on geo engineering is not a question of whether you are a techno utopian or a complete Luddite. However, there is a major distinction to be made between technology that is transparent in agenda, collaborative in nature, and egalitarian in application as well as easy to remedy and technology that is centralized, expensive and difficult to reverse. Between â€Å"Star Wars†    a missile defense system saddled with so much corruption that does nothing to provide for homeland security and nuclear power – a promise of perpetual source of energy whose failures wreaked massive consequences – we ought to regard geo engineering with suspicion: dangerous until proven safe. Geo engineering is unnecessary. â€Å"Fixing† the planet in such a manner is turning a blind eye to the way we live: it shows a lack of innovation and political courage that is necessary to the bright green future.   Works Cited Stiles, Lori. â€Å"Space Sunshade Might Be Feasible In Global Warming Emergency.† NASA Earth Observatory. 3 November 2006. Retrieved July 8, 2008 from: http://earthobservatory.nasa.gov/Newsroom/MediaAlerts/2006/2006110323537.html Bentley, Molly. â€Å"Guns and sunshades to rescue climate.† BBC News. 2 March 2006. Retrieved July 8, 2008 from: http://news.bbc.co.uk/2/hi/science/nature/4762720.stm Gjerde, Kristina. â€Å"Hold back the geo-engineering tide.† BBC News. 11 December 2007. Retrieved July 8, 2008 from: http://news.bbc.co.uk/2/hi/science/nature/7133619.stm Romm, Joseph. â€Å"Rule three of offsets: No geo-engineering.† Grist Magazine Online. 27 July 2007. Retrieved July 8, 2008 from:   http://gristmill.grist.org/story/2007/7/27/144848/844

Violence in Schools Essay -- School Violence Crime Safety Education Es

Violence in schools is a problem that Americans have had to face at an ever increasing rate. Instead of fistfights, the issues are fatal, like school shootings. Violence is nationally defined as a physical force used to injure, damage or destroy (Guralnik, D., 1997, P.1490). In the past decade, students are using more than physical force. They are using deadly weapons to injure or kill their peers and authority figures, and to destroy school property. Safety is considered to be the freedom from danger and injury damage (Guralnik, D., 1997, P.1181); in other words, freedom from violence. Schools must ensure students and parents that above adequate measures -especially the three most successful- will be provided to make sure schools are safe. Violence has always been an issue among youths in the United States. Until recently, violence and aggression in American schools, in contrast to the more generic topic of youth violence, was not a focus of extensive scholarly research (Gottesman, R., 1999, P.357). It is an utter horror that the violence occurring on the streets has slowly made its way into the classroom. The 1997-1998 school year served as a dramatic wake-up call that guns are accessible to teens and they will use them to kill. Prior to the 1990s the general public rarely discussed or were affected by school related violence. It seemed to be expected in certain parts of the country-urban areas- but was never thought to reach to suburban and rural schools. Starting in late 1997, a chain reaction of appalling incidents spread from state to state. Following each tragedy was increased media attention and public awareness to this growing issue. Endless images of weeping parents and children were seen on every news... ...fe Havens. Portland, Oregon: Northwest Regional Educational Laboratory, 46. Wallace, J., Fravil, K., and Behre, W., (1997). Social Work. School Social Workers and School Violence: Personal Safety, Training, and Violence Programs, 43, (3), 223-231. Gaustad, J. (1994). The Fundamentals of School Security. How Can Attitudes and Behaviors Be Changed to Make Schools Safer?., 2, (132), 98-99. Simmson, B. (1994). School Violence to School Safety. School Psychology, 23, (2), 236-256. Sandell, A. (2000). Alex 2000. Retrieved April 24, 2003, from the World Wide Web: http://www.juicycerebellum.com/debate2.htm. Dwyer, K., Osher, D., and Warger, C. (1998, August). Early warning, timely response: A guide to safe schools. Washington, DC: U.S. Department of Education. Retrieved April 29, from the World Wide Web: http://cecp.air.org/guide/earlywarning.htm.

Love’s Bond – Robert Nozick

Love’s Bond – Robert Nozick In this writing assignment I will be giving a detailed interpretation on Robert Nozick’s writing, â€Å"Love’s Bond†. First I will give an explanation on Nozick’s account of the nature of love. Secondly, I will explain why Robert Nozick believes that in love there is no desire to trade up to another partner. Lastly, I will also explain why he says that it is incoherent to ask what the value of love is to an individual person. The nature of love according to Nozick is the desire to form a â€Å"we† with the person you feel romantic love for, the desire to become one with the loved one.When two individuals are mutually in romantic love with one another, they both desire to form a â€Å"we† with each other. Once two romantic partners form a â€Å"we† they subconsciously agree to make life decisions together because now they are one and what affects one affects the other equally. Any type of life e vent good or bad that affects one person affects the other person equally because once they form a â€Å"we† they are like one. Nozick explains that when two individuals form a â€Å"we† they share a new identity.According to Nozick this new formation completely takes over of the individuals and they become something new, something transformed in a way. This desire to form a â€Å"we† with another is something magnificent and great. He explains that, â€Å"the desire to share not only our life but our identity with another marks our fullest openness. To Nozick, forming a â€Å"we† is a really big deal. Forming a â€Å"we† is a complete transformation of what a person used to be when they were and individual. According to Nozick, when a person is in love, they do not have desires to trade up to a different partner.Nozick says, â€Å"In the view of a person who loves someone romantically, there couldn’t be anyone else who was better as a par tner. † This quote gives support to his idea that a person in love would not desire to trade up. The person in love does not believe in their heart that anyone could be better than the person they are in love with. According to Nozick the thought of trading up to a different partner would not even cross the mind of a person who is in love. Nozick goes on to explain that a person in love might sometimes want to make a few changes on their mate; however, this does not imply that the person in love wants a different mate.Nozick believes that a person in love loves very specific qualities in their mate. For this reason, even if a person in love wanted to make their loved one better this would not mean they want a different person. To the person in love â€Å"no other person could have precisely those traits; therefore, any imagined person will be the same mate (perhaps) somewhat changed, not somebody else. † Nozick believes that when a person is in love, they love the very specific ways that their partner radiates a specific traits, not the trait itself.They love the person, â€Å"for his or her own particular and non-duplicable way of embodying such general traits, a person in love could not make any coherent sense of his â€Å"trading up† to another. † According to Nozick a person who is even considering trading up is a person who is no longer in love. He does not feel that the thought of trading up is a thought that an individual in love could even think about. Nozick feels that it is incoherent to ask what the value of love is to an individual person because there is no individual when you form a â€Å"we†; there is this new identity.Like the example that was given in class regarding the sperm and egg, once the sperm and the egg have joint, you do not ask how the sperm is doing because it no longer exist. In the same way it does not make sense to ask the value of love to an individual because the individual no longer exists on ce the â€Å"we† is formed. According to Nozick when two individuals join and form a â€Å"we† this new identity completely takes over and creates a new shared identity. To Nozick, it would be completely irrational to even think of the person of an individual and to ask what the value of love is to them.It is something that is just not possible when a person has formed a â€Å"we† with another. In conclusion, I have given my complete interpretation on Robert Nozick’s writing, â€Å"Love’s Bond†. I have explained to the best of my knowledge the nature of love, the reason why in romantic love there is no desire of trading up, and lastly why it is incoherent to ask what the value of love is to an individual. Works Cited 1. Nozick, Robert. â€Å"Love's Bond. † Philosophical Perspectives on Sex & Love. New York: Oxford UP, 1995. 231-39. Print.

Applying the Results and Conclusion Essay

In the research process, applying the results and conclusion is an important process that answers the underlying question of the study. The results are the findings of the study. Depending on what the study was about and how it was conducted, the results could vary and may determine what exactly was found and how it should be applied. The conclusion is a summary of the findings and this is where the researcher developed his or her theory and tries and proves what it is that they were trying to find out. â€Å"The teen birth rate has been steadily falling for years, but it still remains the highest teen pregnancy rate in the industrialized countries.† (â€Å"Facts About Teen Pregnancy,† 2014). As of May 2014, the state of Texas is ranked number three of fifty-one states in the United States with the highest number of teen pregnancies and number five in teen birth deliveries. Although the numbers have steadily decreased since its peak in the 1990’s, Texas is still considered to be one of the states with the most teen pregnancies preceded by New Mexico and Mississippi. â€Å"In 2010, some 614,000 pregnancies occurred among teenage women aged 15–19, for a rate of 57.4 pregnancies per 1,000 women that age. This marks a 51% decline from the 1990 peak and a 15% decline in just two years, from 67.8 in 2008, according to â€Å"Facts About Teen Pregnancy† (2014). In the state Texas, sex education is not a required subject and researchers attribute this fact along with racial and ethical backgrounds to the problem of teen pregnancy. This problem is costing taxpayers 1.1 billion dollars a year in health care. So, this problem is not only affecting the families, it is affecting the entire community. To collect data for this study the researchers used the Secondary Data Collection process. Secondary data collection is simply gathering data from documents, records and reports of others. â€Å"Texas birth records and population projections were used to simulate pregnancy rates  among women ages 15-19 years from 2005 to 2015† (â€Å"Teen pregnancy in Texas: 2005 to 2015.,† 2012). The data was appropriate because it consisted of recorded facts and records that were taken by accredited sources. In protecting the right of the subjects, the researchers did not disclose any names, medical information, or any other form of personal information where the subject could be identified. This study was conducted on the number of pregnancies and births of women ages 15-19 and the focus was on the numbers not the specific people. To support the reliability and validity of the study researchers used the Scatter Diagram. â€Å"The scatter diagram graphs pairs of numerical data, with one variable on each axis, to look for a relationship between them. If the variables are correlated, the points will fall along a line or curve. The better the correlation, the tighter the points will hug the line† according to â€Å"Teen pregnancy in Texas: 2005 to 2015.† Based on historical rates of natural increase, sexual experience among racial and ethnical groups was used to present the numbers. The data was analyzed after being collected and explored. The gathered information was compared with the information from other states and the result was Texas was ranked number three when it came to teen pregnancies and births in the United States. The analysis procedures were app ropriate because the researcher had to have other statistics from other states to compare with the Texas statistics. Analyzing recorded facts and records was simply an action of comparing the numbers with other states and finding that some were higher and some were lower. This process help the researcher determine in what order each state was listed in teen pregnancies. The two types of data collected were the quantitative data and the qualitative data. The quantitative data gave information that could be converted into numbers. In other words, the subjects were counted and other information, except their age and the fact that they were pregnant or had given birth, was excluded. The qualitative data would be the information that was not disclosed such as the names and the ages. Qualitative research focuses on gathering of mainly verbal data rather than measurements. It is important to gather one or both forms of data to give more insight to the research. Depending on what the research is about, one or both method of data collection can be used. In conclusion it was found that the state of Texas is among the states with the highest number of teen pregnancies and  births. The pregnancies were attributed to lack of sex education, racial and ethnical backgrounds, economic status, and the rise in teen sexual experiences. It proved that the Hispanic race attributes the majority of the teen pregnancies followed by African Americans. Not only is Texas ranked number three and five with teen pregnancies and births, Texas is ranked number one in repeated births among teen mothers in the United States. The pregnancies are costing taxpayers 1.1 billion dollars a year. It is a proven fact that this is a problem that not only affect the families it affects the whole community. The strengths of this study are the fact that the problem is being recognized so that a solution can be found. Because of the awareness of the situation, legislature can began to generate a plan to control teen sexual habits. If this is accomplished, fewer pregnancies will occur. The limits to the study are that it did not include the opinions of the teen women. I feel that if the insight of their situation was given a better idea of controlling the situation could be formed. In order to solve this problem, I feel that the teen young women should give their story and the stories should be compared to find a/the common ground. Once the common ground is found, a better solution could be introduced to control the situation. â€Å"Changing population characteristics in Texas and differences in sexual activity and contraceptive failure among racial/ethnic groups indicate that teenage pregnancy will not continue to decline in the coming decade† (â€Å"Teen pregnancy in Texas: 2005 to 2015.,† 2012). Now that the quantitative data has been collected a researched more qualitative data should be gathered. References Facts About Teen Pregnancy. (2014, July). About Health, 1(1), 1-2. Retrieved from http://pregnancy.about.com/od/teenpregnancy/a/Teen-Pregnancy.htm Teen pregnancy in Texas: 2005 to 2015.. (2012, July). U.S. Department of Health and Human Services, 1(1), . Retrieved from http://www.researchgate.net/publication/23642480_Teen_pregnancy_in_Texas_2005-2015