Business Law Essay Example for Free

Business Law Essay Under the law governing offer and acceptance, a valid offer has been made through an advertisement. In order for an offer to be accepted, the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by the offeror, otherwise it has no effect. An offer made to a particular person can be rightfully accepted by him alone and in order to avoid complications, acceptance is to be in writing received by the offeror or if it is orally, it must be heard by the offereor. In applying the law to the facts of the case before us, Wayne has made a valid offer to sell his house for $2 million dollars. In this case, Wayne is the offeror and Scott, Kyle and Magdelene are the offeree. Scott offers to buy the house for $1. 8 million dollars and Wayne said nothing. In this case, Scott has now become the offeror and Wayne is the offeree as a counter offer has been made. Looking at the principles of acceptance, an acceptance made must be positive not passive. Wayne said nothing about the offer therefore there was no communication between them of any sort of acceptance. This would highlight that the fact that silence does not form acceptance as per case of Felthouse v Bindly (1862) The offeror cannot impose acceptance just because the offeree does not reject the offer. Therefore, Scott wanting to take legal action towards Wayne is not valid as there was no form of acceptance in either form of writing or orally. When Kyle came to view the property, he agrees to Wayne’s offer of $2 million dollars but â€Å"subject to contract†. Wayne agreed. The definition of subject to contract is that both parties are agreeable to the terms of the offer but propose that they negotiate a formal contract on the basis of the offer. Referring to the case of Yap Eng Thong v Faber Union, the court found the agreement to sell a house â€Å"subject to contract† was not binding. Hence, Kyle wanting to take legal action towards Wayne will not be valid as â€Å"subject to contract† does not bind anyone to the contract before signature. In this case, Wayne revoked his offer to Scott and Kyle by selling the house to Magdalene. An offer can be dismissed at any point of time before acceptance s made. In the case of Routledge v Grant (1828), there was offer made to buy the house and acceptance must be made by the offeree in 6 weeks time. In less than 6 weeks, offeror chooses to withdrew his offer, in which he had a right to do so. Furthermore, the revocation is valid as it is communicated to Scott and Kyle since they have heard of it. The notice of revocation does not necessarily come from Wayne himself. In conclusion to the case study, both Scott and Kyle cannot bring Wayne to legal action as the offer was revoked before their acceptance was made. Revocation was made being communicated and need not come from the offeror himself. Which links to the next point of acceptance must be positive and not passive. Silence does not make up acceptance. Hence, Scott wanting to take legal action against Wayne is not valid. As for Kyle, Wayne has the right to sell his property to anyone as long as a formal contract is not signed by any party. Kyle cannot take legal action against Wayne as â€Å"subject to contract† does not guarantee acceptance and either party can withdraw before signing .

Prevention for HIV/AIDS :: Diseases Health Medical Essays

Prevention for HIV/AIDS Although anti-viral therapy exists to support people coping with Human Immunodeficiency Virus (HIV) and AIDS, the AIDS epidemic is not over. Though it is not prevalent in the Untied States, 2.1 million people died of AIDS by 1999. Half a million children under the age of fifteen are HIV positive, mostly infected through mother-to-child transmission or sexual assault (2). Ninety percent of HIV infections occur the developing countries, leaving the poor and struggling to cope with the epidemic (3). Heterosexual infection is the most common form of infection in Africa and Asia, especially in women. Elsewhere, infection through sex with a bisexual or drug infected partner, drug injection with dirty needles, blood transfusion and heterosexual sex are typical (2). Overall, the primary forms of transmission occur through unprotected sexual behavior, sharing needles, home tattooing, and through birth, from mother to child (5). An infectious disease, HIV must enter the blood stream of a person for transmission. It enters through bodily fluid, such as blood, semen, vaginal fluid, and breast milk. The disease infects cells in the body, especially CD4 cells, a type of white blood cells. Also known as T-cells, CD4 cells are crucial in maintaining the human immune system in protection from infectious diseases (5). By destroying the white blood cells, HIV causes a sever breakdown of the body's immune system, leaving the body vulnerable, fragile and unable to protect against any disease they are exposed to. When the immune system becomes severely damaged AIDS is diagnosed by the contraction of specific diseases such as tuberculosis and toxoplasmosis (5). Once diagnosed with AIDS, the virus never leaves the body, leaving the immune system to deteriorate until it is unable to fight off the diseases anymore, letting them take over the body. Major research and pharmaceutical companies continue to place precedence on the search for a vaccine or cure; it is estimated that it will take another ten to fifteen years to find a cure or vaccine for HIV/AIDS. Methods for HIV prevention need to be a priority in medical research; prevention is the first step to slowing an epidemic, and an interest in vaginal microbicides, a new form of female prevention, could result in having them on the market in a third of the time it would take to discover a vaccine (1).

Aging and Disability Worksheet Essay

Part I Identify 2 or 3 issues faced by the aging population. 1.Employment discrimination 2. Poverty 3. Inadequate care Answer the following questions in 100 to 200 words each. Provide citations for all the sources you use. †¢What is ageism? How does ageism influence the presence of diversity in society? According to Schaefer (2012), ageism is a term which refers to prejudice and discrimination against the elderly. â€Å"Ageism reflects a deep uneasiness among young and middle-aged people about growing old† (Schaefer, 2012, p. 395). Our society looks to youthfulness as successfulness; therefore, the elderly threaten those who want to be young and successful; thus influencing diversity in society. The elderly are seen as unessential, unneeded, and a constant reminder we one day will be old as well. So we shy away from associating with the elderly; so we do not have a constant reminder of our own ageing and immortality. Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. †¢What is the Age Discriminitation in Employment Act (ADEA)? How does the ADEA address issues for the aging population? â€Å"The federal Age Discrimination in Employment Act (ADEA) which went into effect in 1968, was passed to protect workers 40 years of age or older from being fired because of their age and replaced with younger workers who  presumably would receive lower salaries† (Schaefer, 2012, p. 396). The ADEA provides a resource when there are suspicions of age discrimination in the workplace when it comes to hiring or not promoting or training ageing workers. Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. †¢What is being done to address the issues you identified? Many companies have been taken to court and charged with violating the ADEA. â€Å"According to the Equal Employment Opportunity Commission, between 1999 and 2004, complaints of age discrimination rose more than 41 percent† (Schaefer, 2012, p. 396). Some studies suggest older workers are more of an asset to their employers, are absent less often and are more effective salespeople than their younger co-workers; therefore, diminishing the stereotype of the older employee is a less valuable employee. Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. †¢Is the number of aging population expected to rise in numbers or decrease? The aging population is expected to increase significantly will into the twenty-first century. With the decline in mortality rates and the baby boomer generation aging the â€Å"proportion over age 65 increases from less than on in 10 in 1960 to almost one in four by 2050† (Schaefer, 2012, p. 395) Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. †¢What types of legislation may or may not be affected by the aging population? The ADEA is one type of legislation which has affected the aging population;  ensuring they have recourse if discriminated against in the workplace. Today the Affordable Care Act will affect the aging population; however, to what extent is still uncertain at this time. Legislation which concerns pension provisions is another area which will directly affect the ageing population. Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. †¢How does poverty affect the aging population? â€Å"The aged who are most likely to experience poverty are the same people more likely to be poor earlier in their lives; female-headed households and racial and ethnic minorities. Although overall the aged are doing well economical, poverty remains a particularly difficult problem for the thousands of older adults who are impoverished annually by paying for long-term medical care† (Schaefer, 2012, p. 397). Will the Affordable Care Act ease the burden faced by the elderly who are impoverished by debilitating long-term diseases? Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall Part II Answer the following questions in 100 to 200 words each. Provide citations for all the sources you use. †¢What does the ADA provide for people with disabilities? The ADA â€Å"prohibits bias in employment, transportation, public accommodations, and telecommunications against people with disabilities† (Schaefer, 2012, p. 401). The ADA is considered the most sweeping antidiscrimination legislation since the Civil Rights Act of 1964; thus, ensuring people with disabilities are no longer discriminated against. Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall †¢How have people with disabilities been treated in the past? People with disabilities have been discriminated against in the past, unable to easily use public transportation, unable to easily enter public buildings, and basically treated as second class citizens. The Americans with Disabilities Act was enacted to level the playing field so to speak. Making the once inaccessible areas or participating life activities easier for them to maneuver. Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall †¢How has the attitude toward people with disabilities changed over time? Attitudes towards people with disabilities have changes significantly over time. Those who were once shipped off to intuitions are now productive members of society. Many groups across the United States sprang up utilizing this demographic in meaningful employment positions. In my community we have a group who work with the disabled from collecting sensitive materials for shredding, managing thrift shops, to years ago sewing the scarfs Elvis Presley used while preforming. Today the opportunities for those with disabilities have come a long way; however, the fight is not over, there is still more work to be done to ensure equality for all. Reference: Schaefer, R. T. (2012). Racial and ethnic groups (13th ed.). Upper Saddle River, NJ: Pearson Prentice Hall †¢What are some unique circumstances or issues encountered by people with disabilities? There are numerous circumstances or issues encountered by people with disabilities daily. The sheer task of accomplishing anything seems  insurmountable. Those with physical disabilities must depend on the help of others to simply exist let alone pursue a meaningful life. Public transportation can be difficult; sidewalks were not always wheelchair friendly, handicapped parking was non-existent which makes it extremely difficult to live. What about the being looked at as abnormal, those with disabilities must endure tremendous amounts of awkward moments daily from those who are not disabled. †¢What is being done to address those issues? The ADA has brought awareness to the plight of those with both mental and physical disabilities by ensuring there is no discrimination against this group. However I believe awareness is another step to address the prejudice and discrimination against people with disabilities. We must be able to look past a person’s disabilities to see the true person they are, and not label them for their disability. †¢What types of legislation have been introduced to address issues faced by people with disabilities? The American’s with Disabilities Act is the most notable legislation address issues faced by people with disabilities. What type of legislation will the future hold? I believe the ADA has address all the concerns for this demographic; however, in the future there may be some revisions to the interpretation of the legislation ensuring everyone with disabilities is serviced fully.

Differences Between American Culture And Indian Culture

Culture is the characteristics and knowledge of a particular group of people, defined by everything from language, religion, cuisine, social habits, music and arts. The cultures around the world are very different and very much the alike at the same time. On the other hand, some similarities also lie between two nations. While the culture of America is a mixture of different cultures, the Indian culture is unique and has its own values. There are many types of differences lies between American culture and Indian culture in terms of Religions, Languages, Rituals and Cuisines. Religious is a set of common beliefs and practices generally held by a group of people that is usually separated by rituals and religious laws. There are so many cultures within each country. India is one of the most religiously diverse country in the world with one of the most deeply religious societies and cultures. Religion plays a central and definitive role in the life of many of its people. The religions th at originated in the Indian subcontinents are Hinduism, Islam, Buddhism, Jainism, Sikhism and Christianity. The most of India s population is Hindu which contributes towards the 70% of the population. Hinduism is one of the oldest religions in the world. It was developed about 5000 years ago. Hinduism is a colorful religion with a lot of rituals. People who follow this religion believe in a lot of Gods and Goddesses. About 12% of India s population is Islam. This is a religion which was notShow MoreRelatedDifference Between American And Indian Cultures Essay1092 Words   |  5 PagesAs we know, all cultures have their differences. Cultural diversity is the quality of diverse or different cultures. I have chosen to discuss the difference between American and Indian cultures. Particularly, the culture surrounding pregnancy and birth. Thanks to globalization, there are Indians giving birth in America and Americans giving birth in India. 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Indians see the land as a sacred and prosperous place that is to be lived on and cherished. White men see land as being the same wherever they go, so they think they can take it from wherever or whomever, use it for a while, and then leave. The next point discussedRead MoreNative Americans And The New World1497 Words   |  6 PagesThe European colonists and the Native Americans of the New World were divergent from one another than similar. Native Americans had a more primitive lifestyle than the Europeans modern way of life. 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