...relation to offer and acceptance include the distinction between an offer and an invitation to treat – is needed to be able to identify specific examples of where an offer or an invitation to treat exists. If the maker of the statement clearly intends to be bound by acceptance of the stated terms the statement will amount to an offer. In Harvey v Facey [1893] ,Harvey sent a Telegram to Facey which stated: - "Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid;" Facey replied by telegram:- "Lowest price for Bumper Hall Pen £900." Harvey then replied:- "We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession." The Privy Council held that there was no contract concluded between the parties. Facey had not directly answered the first question as to whether they would sell and the lowest price stated was merely responding to a request for information not an offer. There was thus no evidence of an intention that the telegram sent by Facey was to be an offer. An invitation to treat, on the other hand, is merely an invitation for customers to submit an offer. While it indicates a willingness to deal, it is distinguishable from an offer in that it lacks an intention to be bound. Similar to an invitation to bid in the public procurement process, invitations to treat (sometimes referred to as invitations to bargain) often arise in the context of pre-contractual...
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...Ways to develop counter narratives against revisionists and activists who are attempting to rewrite the history of Singapore and Malaysia in order to downplay the Communist threat and violence. The Malayan Communist party originated as an overseas branch of the Chinese Communist party in Malaysia in 1925. In 1930 a Vietnamese communist known by the name of Ho Chi Minh directed the Malaysian Communist Party to become an independent organization. He attempted to completely change the way the organization was run- it originally was only beneficial to a Chinese communist movement. His ideals were a party that represented not only the Chinese but the Malayans and Indians creating a more multiracial party. However, the idea was never completely recognized by all and he was arrested in 1930. In 1941, when the Japanese invaded Malaysia, it became an opportunity for the party to not only build up strength in numbers but also in popularity, especially by the Chinese who were receiving the most of the Japanese hostility in the war. Among the measures taken were the declaration of emergency, enlarging the security force, the Briggs Plan, military steps, psychological warfare (the Templer Plan), and through the declaration of amnesty. In February 1963, the Singapore and Malaysian police forces organized a joint operation that resulted in the arrest of 111 suspected communists in the two countries. This large-scale police action targeted suspected CPM members in Singapore and successfully...
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...satisfactory. So a fair manager can mean either one who treats others fairly or one who is only moderately good as a manager. Our goal is the first meaning. Why Is Fairness Good Management? When asked, a group of almost 2200 people reported fairness as the most important trait of a boss for who whom they would want to work. When you treat your employees fairly they spend less time worrying about who else is getting an unfair share. They don't spend a lot of time looking for ways to increase their own share. They spend less time looking for another job. And they spend more time working for you and getting more done. When you treat others fairly two things happen. Your own employees notice and respect you for it. It reinforces their belief that you are treating them fairly and will continue to do so. Second, the other people who you treat fairly will respond in kind. You will get better cooperation from them. That makes your job and the job of your employees easier too. How To Be A Fair Manager A good manager is one who treats everyone fairly. That means his/her employees, but also his superiors, her peers, employees in other departments or companies, everyone. * The golden rule When you are fair, you treat others as you wish they would treat you. * No favorites A manager who is fair does not play favorites. You don't give anyone all the good jobs, or all the bad jobs, just because of how you feel about them. You treat them...
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...size to drool over. 7. He has a well founded reputation for being rugged and strong. Equally at home in either cold or warm climates. If it’s cold, they are in your bed or in their sweater. If hot, they grab the seat in front of the air conditioner and drink out of your ice tea glass. Strong? You betcha just try dragging me outside when it is raining, or picking me up off of the couch so company can sit down. Climate, I don't mind what the climate is as long as I can stay inside. 8. He asks only that he be with you whether you live in a mansion or the most humble abode. He is at you side day and night and he will warn you if any strangers are lurking around. He is willing to share all you have, if you eat dog food, he'll eat dog food. If you have steak, he gets steak! You couldn't get rid of him if you wanted, and anybody stranger than you SHOULD get barked at. 9. He is most affectionate, and delights in riding in your car or sleeping close to you (if you will let him) at night, but he is content with his own bed and a simple cover that he can pull over his head, with just a shiny black nose to show his presence. Just to be near you and show his love for you is all he asks. Riding in the car is a real experience with three of them, two behind your neck on the headrest and one in your lap all looking out the driver side window. Is there nothing interesting on the other side? Contented in his own bed? NEVER! No need for electric blanket here, only wish you could turn the...
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...tiny restaurant by the name of Cakes&Ale. Accompanied by local Chefs and Mixologists, I had no idea what I was in store for. We ordered several small plates to share, beers, and a few desserts. Amongst the desserts was a small plate with 3 cream-filled cookies called “Phatty Cakes”, that to me, resembled little debbie's oatmeal pies. Skeptical, I picked one up and took a bite. Contrary to my preconceived notions, this little delicious treat turned out to be a marscarpone filled gingerbread whoopie pie. Soft gingerbread cookies with a sweet yet savory marscarpone filling, that almost melts in your mouth. After my initial visit, I would visit Cakes&Ale solely for the infamous “Phatty Cakes”. At 3 cakes for $6, I would stock up buying over a dozen little treats. And no, I never bothered to share, nor did I bother to tell anyone where I got them; they were truly my little secret. After years of consuming Phatty Cakes, I had to know who was behind the tiny delicious treat. Pastry Chef, Cynthia Wong was the mastermind behind this decadent little treat. “The 36-year-old Southerner has held a lot of jobs in the Atlanta food industry. She was the production manager for Via Elisa Fresh Pasta, a food stylist for the TBS program “Dinner & a Movie” and even a food reviewer for Creative Loafing. But she has found her metier at Billy Allin’s Cakes & Ale restaurant.”( Kessler 2010) In 2011, the Pastry Chef behind my favorite dessert, took her recipe to a restaurant by the name of Empire...
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...HOW TO TREAT ‘TREATS’ Angela Foster has been appointed the new branch manager for the ‘Treats’ sandwich shop in Burbank Mall. This happens to be the third outlet of this shop owned by a Cuban Family. Their main offering is handmade tasty sandwiches which are prepared in home cooked style with Cuban ingredients and recipes. The family sources the ingredients from Cuba and bakes the breads fresh, every morning to upkeep its taste. The other branches of the store are doing well. The first one was opened by the founder, Maria Porto in their native neighborhood after they migrated from Cuba 30 years ago. As other migrants flocked in from Cuba into the same neighborhood as well, Maria first started to make sandwiches for them on a regular basis, since that was the cheapest food they could buy. Gradually, the taste became so popular, that Maria’s sandwiches were an instant hit, and it flourished into a very successful business, in the Cuban dominated neighborhood of San Bernardino. The second branch was opened by Maria’s sister in Camarillo, a very sparsely populated part of California. Again, Cuban migrants form a significant part of the customer base and the business is doing well. Maria’s son Miguel came up with the idea of opening the third branch in the neighboring Burbank Mall in order to attract mainstream customers from the local population. His dream is to make the Cuban cuisine popular amongst Americans, like how Mexican cuisine is already popular. This is his first step...
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...10 Religion in UK Religion in the United Kingdom and in the countries that preceded it has been dominated, for over 1,400 years, by various forms of Christianity. According to the national census, a majority of citizens identify as Christians, although regular church attendance has fallen dramatically since the middle of the twentieth century, and immigration and demographic change have contributed to the growth of other faiths. Religious affiliations of United Kingdom citizens are recorded by regular surveys, the four major ones being the UK Census, the Labour Force Survey, the British Social Attitudes survey and the European Social Survey. According to the 2011 UK census, Christianity is the major religion, followed by Islam, Hinduism, Sikhism, Judaism and Buddhism in terms of number of adherents. This, and the relatively large number of individuals with nominal or no religious affiliations, has led commentators to variously describe the United Kingdom as a multi-faith, secularised, or post-Christian society. The United Kingdom was formed by the union of previously independent countries from 1707, and consequently most of the largest religious groups do not have UK-wide organisational structures. While some groups have separate structures for the individual countries of the United Kingdom, others may have a single structure covering England and Wales or Great Britain. Similarly, due to the relatively recent creation of Northern Ireland in 1921, most major religious groups...
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...Edible Treats Introduction Being a mommy is never an easy job. Mothers have to keep their eyes open all the time on their little angels when their playing around the house, since there’s always a risk of them having to accidently eat their play items. Crayons, play sand and play dough are some of the things that baby’s love to playing with, they are safe, harmful and convenient. Playing helps occupy your baby’s time and energy in a way that increases creativity, imagination, social skills and helps enhance development. But play time can turn into a visit to the emergency room once your baby swallows a significant amount of their play items. Babies will put everything in their mouths, and mothers are always in constant fear of the accidents that might happen. Something that seems harmful to play with can cause some serious health damage. “Every year, more than 30,000 children under the age of five go to hospital as a result of suspected accidental poisoning. Many cases will be false alarms, and the vast majority will not be serious, but a small number are fatal.” Sally Weale. Most of these play items contain Wax and pigment, which if consumed in large amounts can lead to poising or intestinal obstruction. Edible’s is safe alternative for your babies, we offer you a product that’s fun and safe, Mother’s no longer have to worry about what could go wrong. We offer a selection of edible play dough, play sand and crayons that are made with all natural, safe to eat ingredients...
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...Tratados Internacionais ORIGEM Após a Revolução Industrial, surgiu o direito de propriedade intelectual, com o intuito de incentivar a criação e inovação das indústrias. Para garantir estes direitos, foi criada a lei de patentes, que fazia com que o produtor controlasse tanto a produção, quanto sua distribuição através das marcas. Neste momento, cada país regulava de sua forma através da legislação interna, sem um sistema internacional para padronizar e formalizar suas regras. Deste modo, para que uma patente de determinado país fosse reconhecida em outro, a proteção à propriedade intelectual teve que ser internacionalizada. As primeiras tentativas para tal processo se deram em 1883 e 1886, com a Convenção de Paris pela Proteção da Propriedade Industrial (CUP) e a Convenção de Berna pela Proteção do Trabalho Artístico e Literário (CUB). Em 1967, a ONU criou a Organização Mundial da Propriedade Intelectual (OMPI), estabelecido na Convenção de Estocolmo. CONVENÇÃO DE PARIS É o primeiro acordo internacional relativo à Propriedade intelectual, assinado em 1883 em Paris. Foi adotado inicialmente por 14 países, o Brasil estava entre eles, sendo a grande maioria países europeus. A Convenção da União de Paris (CUP) deu origem ao atual Sistema Internacional da Propriedade Industrial, que hoje possui 173 países signatários, passando por varias revisões: Bruxelas (1900), Washington (1911), Haia (1925), Londres (1934), Lisboa (1958) e Estocolmo (1967). Para que as normas fossem...
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...RAYMOND KIPCHIRCHIR RONO BUSINESS LAW INVITATION TO TREAT Definition: An invitation to treat is a tool to get negotiations going and show the terms which one party may be willing to accept. It is a mere declaration of willingness to enter into negotiations, not like an offer as it has to be accepted so as to form a binding contract (a pre-offer communication). Situations that can be categorised as invitation to treat: * Display of items - A mere display and qutation of a price does not constitute an offer, it is an invitation to treat. Offer and acceptance takes palce at the cashier when a customer offers to buy and a cashier accepts the offer. * Advertisements – advertisements are invitations to treat, so the person advertising is not compelled to sell to every customer. * Auctions - The holding of a public auction will also be regarded as an invitation to treat. Auctions are, however, a special case generally. The rule is that the bidder is making an offer to buy and the auctioneer accepts this in whatever manner is customary, usually the fall of the hammer. A bidder may withdraw his or her bid at any time before the fall of the hammer. The placing of goods in the auction is an invitation to treat. * Tenders – An advertisement for a tender is an invitation to treat. A tender for specific goods or services is an offer and when the person requesting the tender accepts, it is a biding acceptance. If the tender for a request is not specific but...
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...One of my favorite homemade treats is, fresh chip cookies. From the sweet smell of the kitchen to the gooey, hot cookies coming out of the oven, making chocolate chip cookies makes me a hero in my home. As long as there is a gallon of milk in the fridge to go along with this yummy treat, my family is ready for chocolate chip cookies anytime. Oftentimes, my mother and I make the cookies together to enjoy some conversation and time while making a delicious treat. Chocolate chip cookies not only bring my mother and me together, but they provide us with a delightful treat, and they allow us to share them with our entire family once we have our finished product. Usually my mom and I prepare in advance. We make sure we have enough ingredients between the two of us, and we make a list of missing ingredients to pick up from the grocery store. My mom usually comes to my house to bake. On her way, she stops at the store and brings the needed ingredients as well as the ingredients she had at her own house. For chocolate chip cookies, one of the many different types of cookies that we bake, we use the popular Toll House cookie recipe found on the back of the bag of chocolate chips. We have found through the years that this recipe is our family’s favorite. Therefore, the most important ingredient is the Toll House chocolate chips! This particular recipe is based on the twelve ounce package that we often use. Depending on our final goal, we may use larger...
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...additional £5 “if the horse is lucky for me” the court saw that this offer was too vague and therefore it was not enforceable, (Treitel 1999:8) defines an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed".An invitation to treat shows that a person is willing to negotiate a contract, however the contract is not capable of immediate acceptance, as is in the case of Harvey V Facey (1893) AC 552 Where the seller indicated that they would be willing to sell a good at a price, this is similar to Chris’ situation, the outcome of the case was that it was seen as an invitation to treat rather than an offer, because if a contract is not accepted the buyers have no right to own the good as (Davison 2004:374) states “Without acceptance no contract exists, therefore, buyers have no rights to the goods, etc. they want to purchase.” This is also evident in the case of Partridge V Critenden (1968) 1 WLR 1204 where the advertisement “Bramble finch cocks and hens 25 shillings each” was classed as an invitation to treat, the court ruled that the offers...
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...Torts - negligence (donoghe v Stephenson) nuisance (public n private) defamation (libel & slander) AGENCY - agent responsibility = work wit skill n care, don't make secret profit, obey the principal's lawful instruction. Principal resp. - pay agent, reimburse agent for debts incurred on the job Termination of agency - 1- BY ACT OF THE PARTIES (both agree to terminate contract, principal can fire agent if agent make secret profit) 2 - BY OPERATION OF LAW- if the principal is bankrupt, if the principal/agent dies, if the nature of the agency is destroyed eg. Goods in a shop burnt the agent who sells good now has nothing to sell 3 - BY COMPLETION OF AGENT AGREEMENT- agent period has come to an end or the task agent is expected to perform has been carried out How agency is created - RATIFICATION- unauthorized act. U sell my computer without my approval, me come bk, find out you sell it then approve the act, EXPRESSED- formally, must be an offer and acceptance, written etc. IMPLICATION- offers automatically; agent comes into existence by conduct. NECESSITY- usually occur in the transportation of perishable goods ; must be impossible to contact principal, agent must act in the good faith of principal, must be an emergency, agent must not sell goods to himself SALE OF GOODS- by description, quality, fitness for purpose ( Godley v Perry 1960) lil boy eye lick out by catapult wah him buy, him sue the seller under fitness for purpose. Be able to define types of goods: FUTURE goods-...
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...Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. A contract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree. One party, the offeror, makes an offer which once accepted by another party, the offeree, creates a binding contract. The Key concepts in relation to offer and acceptance include the distinction between an offer and an invitation to treat, The case of Carlill v Carbolic Smoke ball co. is...
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...Assignment 1 – M1 Analyse the impact of the requirements for a valid contract in a given situation Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture and equipment. Aled then entered into the following agreements. Having acquired 1000 pairs of famous brand-name jeans through an internet auction site, Aled placed an advert in a newspaper ‘offering’ the jeans at £9.95 each. Unfortunately, this was a misprint, as the price should have been £19.95. Even this correct price was cheap compared with the normal shop price, and orders by post, as detailed in the advert, began to flood in. He also unexpectedly received some orders by fax, even though his fax number had not been printed in the advert. Aled responded to the orders as quickly as he could, either despatching the jeans or, when he had run out of packaging, sending a confirmation slip promising delivery within 28 days. Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture...
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