...* Issues which were determine by the Court, * Identifying such issues if any, which the Court did not determine, * Properly stating the Decision of the Court, * The reasons as identified by the Court for its Decision, * Your analysis of whether the issues were framed properly or not, * Your analysis as to the correctness of the reasoning of the Court and * Your Opinion on the impact of the decision on the Law in general. The Law as it stood before the Case Pre-existing Duty Rule: This case was decided on the basis of Principle of CONSIDERATION under the existing Law of Contracts and the law was same before the ruling of this case. When a seaman is bound by his contract of service to serve for a particular voyage, a promise to increase his wages, unless there is increased duty or hazard, does not bind the promisor.2 It is otherwise, however, if the promise is made in consideration of increased peril and labor under circumstances which would have justified the seaman in throwing up the contract. The Judgment was inspired by a preceding case Harris v. Watson. However the applicability of Stilk v Myrick was still debatable until it was overturned by Williams v Roffey Bros & Nicholls (Contractors) Ltd. Facts Of The Case This is related...
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...Name Date Class Lesson 8-1 Types of Consideration LESSON 8-1 OUTLINE I. Consideration A. Act, Forbearance, or Promise B. Trading C. Legal Value D. Adequacy of Consideration E. Nominal Consideration Lesson 8-1 Review Vocabulary Review Define the following vocabulary terms. 1. consideration That which is given or received in a contract. 2. gift The transfer of ownership without receiving anything in return. 3. donor The person giving a gift. 4. donee The person receiving a gift. 5. forbearance A promise to not do something. 6. promisor The person who promises an action or forbearance. 7. promisee The person to whom a promise is made. Concept Review 8. Define consideration. Consideration is what a person demands and generally must receive in order to make his or her promise legally binding. Lesson 8-1 Review (continued) 9. How can legal value be found in the exchange of benefit for a detriment? With legal value, the detriment is the giving up of a legal right. A detriment arises when a person promise forbearance. 10. Under what conditions is there no consideration? There is no consideration if one of the parties does not give an act, forbearance, or promise to the other, if one of the parties does not trade her or his contribution to the transaction, or if what is traded has no legal value. 11. What is adequacy of consideration? The values that different people place on similar...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Kellie L. Plowden LEG 500 Doris Mitchell December 12, 2013 Everyone knows that direct- to consumer-marketing is focused on the patients. There are a lot of ways to get the attention of these patients. Advertising can be done through social media, print, radio, television, and word of mouth. “Prescription direct-to-consumer advertising has become a highly scrutinized and researched topic in healthcare marketing,” (Rollins, B.L., King, K. Zinkhan G., & Perri, M., 2011.). Banning direct-to-consumer would be very beneficial. The reason is because of the misconception and manipulation that it can cause the public. Especially when the elderly began focusing on what is being said. “The PhRMA “Guiding Principles” say that DTC ads should foster responsible communications between patients and health care professionals to help patients achieve better health.” (Stange, K.C., 2007). However, manipulating the public by distributing placebos to one group of people and the actual drug to another group of people is a bad way of communication. People who are on the state boards regulate compounding but the federal also has a part in it. According to Roth, “The FDA’s Office of Criminal Investigations (OCI) is working to monitor the schemes that have been going on with the compounding pharmacies.” Even though the FDA is aware of how law resources are needed, and how to direct the compounding...
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...SEMINAR ON LEGAL CONSIDERATIONS Submitted by, TANIA M. JAMES Submitted on, 01- 11-2012 INDEX S.NO | TOPICS | PAGE.NO | 1. | OBJECTIVES | | 2 | INTRODUCTION | | 3 | DEFINITION OF LAW | | 4. | SOURCES OF LAW | | 5 | TYPES OF LAW | | 6 | SELECTED CATEGORIES OF LAW AFFECTING NURSES | | 7 | SELECTED LEGAL ASPECTS OF NURSING PRACTICE | | | COMPONENTS AND CHARACTERISTICS OF THE LEGAL PROCESS | | 8 | LEGAL PROTECTIONS IN NURSING PRACTICE | | 9 | | | 10 | NURSING PRACTICE AND THE LAW | | 11 | LEGAL ISSUES IN PRACTICE | | 12 | NURSE–CLIENT RELATIONSHIP | | 13 | LEGAL ROLES OF NURSES | | | SUMMARY | | | CONCLUSION | | | RESEARCH ABSTRACT | | 14 | BIBLIOGRAPHY | | OBJECTIVES * To introduce legal considerations * To define law * To understand sources of law * To list out the types of law * To explain the selected legal aspects of nursing practice * To understand the components and characteristics of the legal process * To explain the regulation of nursing practice * To enumerate standards of nursing care * To describeselected legal aspects of nursing practice * To explainlegal protections in nursing practice * To describe nursing practice and the law * To describe legal issues in practice * To explain nurse–client relationship * To list out the guidelines for safe nursing practice * To formulatelegal...
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...Legal & Ethical Considerations In an economy that is constantly changing, and demand continually rising, companies need to be aware of their legal and ethical obligations to their consumers. Companies are liable in making sure their products are as safe as possible and an obligation to report any dangers that might exist. Product liability, “Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits.” If companies act in an ethical manner, consumers can find recalls, due to product liability, on the US Consumer Product Safety Commissions. The US Consumer Product Safety Commission has recall reports on a daily basis from an array of different companies. Some of the current recalls are Bosch security systems because of fire alarm failure, RSI, a medicine cabinets exclusively sold at The Home Depot because of possible hazard due to the mirror or its back panel possibly separating or falling out, and Under Armour, for a possible choking hazards in their infant sports jersey kit. All these companies made the correct decision in reporting...
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...LEG500, Law, Ethics, and Corporate Governance Strayer University LEG500 13 Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property PharmaCare, week10 Assignment LEG500, Law, Ethics, and Corporate Governance Strayer University LEG500 13 Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property PharmaCare, week10 Assignment Review of PharmaCARE/CompCARE To first establish whom each entity is; PharmaCare is one of the world’s most successful pharmaceutical companies. A compassionate, decent well operated business that manufactured high-quality goods that saved millions of lives and increased the condition of life for millions of others. PharmaCare designed a top-selling diabetic medication that could have reduced the progression of Alzheimer’s disease; their pharmacist began reformulating the drug to increase the effect. CompCARE came into being in order to steer clear of FDA investigation; PharmaCARE created a wholly owned establishment, CompCARE, to function as a compounding pharmacy to sell the new creation to people on a prescription basis. CompCARE set up business in an upscale administrative center near its main corporate office, and to conserve money and time, did a quick, low cost makeover and appointed a man by the name of Allen Jones to run the operations’ clean room. * Research three to five ethical issues relating to marketing and advertising, intellectual property, and regulations...
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...Essentially, consideration is one of the sixth elements of contract which will be discussed in this essay. According to Lord Pollock, in Dunlop v Selfridge Ltd, consideration is ‘an act or forbearance of one party or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable,’ Some elements of consideration which also will be discussed are it must be sufficient in the eyes of law, it need not be adequate, it must not so vague, it can be present or future, but cannot be past. In this essay, I am going to discuss about consideration needs only be sufficient, not adequate and to consider whether there is a sufficient consideration in situations where there is pre-existing legal or contractual duty, and in situations as in Williams and Roffrey Bros or practical benefit. Consideration need only be sufficient, not adequate. It means the court has no interest in determining whether the consideration for a promise is equal to the value of that promise. As long as there is some consideration provided for the promise, the court will enforce that promise. Furthermore, it can be divided into 4 parts. The first part is consideration must have value in the eyes of the law. It means the price does not necessarily to be right as long as there is a value, and the court will not process any further. The case that illustrates this concept is Chappel & Co. v Nestle Co. Ltd. Nestle offered the opportunity to purchase recorded...
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...the traditional rules of consideration have been relaxed in order to maintain effective business relationships? | Programmes undertaking the assignment | LLB (Hons) Law | Pupil | Juan López MartínezID: 004426895 | Hand-in date | Friday November 06th 2015 | INTRODUCTION First of all, the definition of Consideration is going to be stated. Consideration is an essential fact in the elaboration of a contract. It may consist of a promise to perform a desired action or a vow to abstain from doing any act that one has the legal right to do. A bilateral contract is an agreement by which both parties exchange mutual promises, every promise is considered to be sufficient consideration for the other. On the other hand, a unilateral contract is an agreement by which one party makes a promise in base of obtaining something in return from the other part. This ‘something in return’ is the consideration of the promise, and the promise is the consideration of the performance. Namely, this is the promise of a promise or promise made in return for a particular action. There’s going to be consideration if the price is being offered to the other party. An Orthodox way to define consideration is based on the idea of reciprocity, whereby, a promise should not be able to enforce a promise unless you have given or promised to give something in exchange for the promise or unless the promisor given or promised to give something in return. But this idea of consideration is subjected to strong objection...
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...Legal Enviroment of Business MBA-535 Saint Leo University Dementas v. Estate of Tallas Case Brief Tibetha Pascal 3 April 2016 1. Dementas v. Estate of Tallas., 764 P. 2d 628-Utah Court of Appeals (1988) 2. Procedural History This case was brought to trial court or Court of Appeals, where the trial court deemed lack of consideration for Dementas’ claim. The court basically said that the contract between the two parties, Jack Tallas (defendant) and Peter Dementas (plaintiff) did not prove to show/have proper consideration. The said contract between the two parties, was that Tallas promised Dementas $50,000 for past performance. However, past performances are normally not considered valid consideration in most courts. Therefore, the court rules this contract was unenforceable. As a result of the ruling, Dementas decided to appeal the court’s finding. 3. Facts In Salt Lake City, Utah, 1914, an immigrant named Jack Tallas migrated from Greece to start a life as a businessman. Tallas bought properties, many of which he rented out. During his time in Salt Lake City, Tallas befriended Peter Dementas, who over the past 14 years leading up to Tallas’ death provided services which consisted of helping Tallas to manage properties, providing transportation when needed to include going back and forth to the grocery store, doctor’s appointments and the post office. In December of 1982, the 18th day, Tallas verbally told Dementas in Greek, that upon his death, Dementas...
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... In April 2015, JLL announce an official increase in prices to $120 per plank. At this point LI requested a meeting with JLL to discuss this price increase and its effect on LI activities at its construction sites in Paramin and Biche respectively. After that meeting, JLL submitted a revised contract with the new pricing arrangement. LI accepted deliveries of the lumber planks from JLL, which reflected the new pricing arrangement of $120 but paid the initial contract sum of $100 per plank and as such, LI was in arrears to JLL. LI is adamant that they have a binding arrangement with JLL for two years ending 25th May 2016 to purchase lumber planks at $100 and JLL subsequent contractual arrangement in April 2015 failed for want of consideration. The Lawyers for LI has indicated that JLL is already obligated to sell at $100 per plank before the new contractual arrangement in April 2015 to sell at $120. Lightwood Industries (LI) is owned by Mr Lightwood, who is a friend of the family. He is aware that you are currently pursuing Business Law at UWI Open Campus and sought you advice on the issue. Please advise Mr...
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...“sufficiency of consideration” and “adequacy of consideration”. Give an example of each. Consideration contains two parts: something of legally sufficient value must be given in exchange for a promise (often a promise for a promise), and there must be a bargained-for exchange. Legal value can be a promise, performance, modification or destruction of a legal right. Legal sufficiency of consideration involves the requirement that consideration be something of legally sufficient value in the eyes of the law. For something to be legally sufficient, consideration for a promise must be either legally detrimental to the party receiving the promise (promisee) or legally beneficial to the one making the promise (Promisor). For example, it must be legally valid. Something of legal value must be given in exchange for a promise. It may be a return promise if it is performance, that performance may be an act other than a promise, or a forbearance refraining from action. Carbone Inc., begins construction on an office building and after 4 months demands an extra $60,000 on its contract. If the extra $60,000 is not paid, he contractor will stop working. The owner of the land, finding no one else to complete the construction, agrees to pay the extra $60,000. The agreement is unenforceable because it is not supported by legally sufficient consideration. Carbone Inc., had a preexisting contractual duty to complete the building construction. Adequacy of consideration refers to the...
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...Definition - Currie v Misa (1875) provides an accepted definition of consideration which is a vital element in a contract. A well-known principle of the law of contract holds that consideration must be sufficient but does not need to be adequate. It means that consideration must be of identifiable value whatever how small it is but cannot be as same valuable as the other party’s one. (Nicola, 2010 P44) However, when the duty arose under a previous contract with the same person, it is an existing duty also an insufficient consideration. Similarly, when the duty arose under the general law of the land or when the duty arose under a previous contract with a third party, it performs as an existing duty. (Nicola, 2010 P45) Is there any sufficient consideration provided by Jack for the promise of￡2,000 by Northampton Town FC or is he just carrying out his contracted duty? Jack made a contract with Northampton Town FC to lay new turfs so it is an existing duty for Jack.He is just carrying out his contracted duties to finish the job. In another word, it is an insufficient consideration of him to create a new contract. It was not possible to create two contracts by giving the same person the same consideration twice. E.g. in the case Stilk v Myrick (1809), the captain refused to paid the sailors the wages which he promised in the case of two sailors had deserted. It is a similar example to prove the principle. (Nicola, 2010 P46) Conversely, the case Hartley v Ponsonby (1857) were...
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...Chapter 10: Consideration 1. Consideration may be defined as: a. a socially approved way to provide for the poor. b. something of value given in exchange for a promise. c. an arrangement for transferring and allocating risk. d. a way to promote healthy living. Answers: a. Incorrect. This is not a definition of consideration. b. Correct. Consideration is something valuable that a person gives in exchange for a promise of some sort. c. Incorrect. This is a definition of insurance. d. Incorrect. This is not a definition of consideration. 2. Often, consideration is broken down into two parts, something of legal value and: a. some kind of income redistribution. b. some kind of coercive behavior. c. a clear moral hazard. d. a bargained-for exchange. Answers: a. Incorrect. This is not the second part of consideration (although a promise might involve a voluntary redistribution of income). b. Incorrect. Consideration is a necessary component of a contract, and contracts are only valid if they are entered into voluntarily. c. Incorrect. Moral hazards are not the second part of consideration. d. Correct. The second part of consideration is a bargained-for exchange. 3. Liz contracts with Brian. Liz agrees to cook twenty dinners for Brian, in exchange for which Brian will repair all of the plumbing in Liz’s house. In this consideration legally sufficient...
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...itself sufficient consideration to legally enforce a promise. Valuable consideration is the essential element to the formation of a valid contract. In Currie v Misa, Lord J stated that a valuable consideration, in the sense of law, may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other. In other words, it is ‘the element of exchange in a contract’ or ‘the price paid for a promise’. Performance of an existing duty is one of the general rule of valid consideration. Where a promisee already owes the promisor a legal duty, then in theory performing the duty should not in itself be consideration. Existing duties fall into various categories which are public duty, contractual duties to the promisor and contractual duties to a third party. Where a person is merely carrying out duties they were obliged to perform such as police officer protecting citizens or a jury listening to the evidence, it cannot amount to consideration for a promised award. In Collins v Godefroy, the defendant promised to pay a fee to the plaintiff who had been summoned to give evidence in a court action. It was held that he was obliged to give the evidence. Hence, doing so could not be consideration. However, where a person is under a public duty, but does something goes beyond what they are bound to do under that duty, that extra act can amount to consideration. As in the case...
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...In contract law consideration is concerned with the bargain of the contract. A contract is based on an exchange of promises. Each party to a contract must be both a promisor and apromisee. They must each receive a benefit and each suffer a detriment. This benefit or detriment is referred to as consideration. Consideration must be something of value in the eyes of the law - (Thomas v Thomas) (1842) 2 QB 851. Rules of consideration There are various rules governing the law of consideration: 1. The consideration must not be past - Past consideration may be valid where it was proceeded by a request: Lampleigh v Braithwaite [1615] 2. The consideration must be sufficient but need not be adequate. There is no requirement that the consideration must be market value, providing something of value is given eg £1 given in exchange for a house would be valid. The courts are not concerned with whether the parties have made a good or bad bargain: Chappell v Nestle [1960] 3. The consideration must move from the promisee. If a person other than the promisee is to provide the consideration, the promisee cannot enforce the agreement: Tweddle v Atkinson [1861] 4. An existing public duty will not amount to valid consideration. Where a party has a public duty to act, this can not be used as consideration for a new promise: Collins v Godefrey (1831) 5. An existing contractual duty will not amount to valid consideration. If a party has an existing...
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