Defects of Consent Essay Example for Free

Defects of Consent Essay A defect of consent is a situation where a party’s declaration does not reflect his actual intent. This difference between declaration and intent may be caused by other parties,in order to make someone to form a contract with themselves. Fraud and Duress are this kind of defects. Roughly,fraud is deceiving someone by hiding certain facts or giving them a wrong impression/information in order to make them form a contract and duress is scaring or threatening someone to make them form a contract. If there is a difference between declaration and intent,which unintentionally resulted from the declarant,we can say there is an error. In some cases,both parties are mistaken about contract. Such defects are called â€Å"Collective Error†. In these situations,contract is formed by parties’ true intent,not according to their false statements. Error In the TCO article 30,the law states that â€Å"A party acting under an essential error when entering into a contract is not bound by it. † Interpreting this article,we can deduce that essentiality is a key concept,since unessential errors will not affect validity of the contract. Some aspects of essential error are specified in TCO,but law does not limit cases of essential error with those articles. Unwritten states of essential error are determined by the rules of good faith. Error may occur in several ways: Error in declaration In the TCO article 31 the law sets forth: An error is deemed particularly essential in the following cases 1-Where a party intended to conclude a contract different from that to which he consented. A wants to sell 100 kilos of olive oil to B,but during the formation of the contract, A inadvertently states that he wants to buy 100 kilos of olive oil and B agrees the offer. -Where a party has concluded a contract relating to a subject matter other than the subject matter he intended. A wants to buy E branded good,but during the formation of the contract he states he wants to buy F branded good by mistake and is not aware of it. 3-Where a party declared his intent to conclude the contract other than the whom he intended to. A wants to send an offer via mail to B,but he writes a different adress and mail goes to C. C accepts the offer. 4-Where a party took a specific person into consideration as the other party in entering a contract but declared his intent to another. A is a nanny who wants to raise B’s child C,but during the formation of the contract she stated the name of B’s mentally deficient child D. A is mistaken about someone’s identity,not someone’s qualifications. Otherwise it would be error in motive,which shouldn’t be confused. 5- Where a party has promised to make a significantly greater performance or has accepted a promise of a significantly lesser consideration than he actually intended. Error in calculation of a simple nature do not affect the validity of the contract;but they should be corrected. A good should have 10. 000 dollars written on its label but accidently 1000 dollars is writtenon label. A buys the good for 1000 dollars. Error of Agents The law states in TCO article 33 that â€Å"Where an offer to enter into a contract has been incorrectly communicated by a Messenger,translator or other agents or by any means,the provisions governing error are applicable†. Error of agents are counted as error in declaration. Mistranslation,misinforming,changes in the text during telegraphing†¦ are examples of such errors. Error by Considering a Demeanour as Consent When a party’s action is considered as an offer or acceptance by another party,and the other party is right to consider this as such and forms the contract,contract will be valid. However mistaken party can put forward that he is mistaken and benefit from the provision of error in declaration. Texts signed without reading If a party signs a text without reading ,and is right to think that the text suits his intent,outcome is determined by the other party’s knowledge about this intent. If the other party knows or has to know that text does not suit signer’s intent,contract will not have been formed and thus there will not be any need for provisions of error. On the other hand,if the other party does not know or have to know the signer’s intent,contract will be formed,but signing party by proving that the error is essential,can benefit from provisions of error in declaration. Signature in Blank One of the parties agree to sign in blank first,then allow other party to constitute the contract. If this contract formed later on has contents which do not suit signing party’s actual intent,he can benefit from provisions of error. Error in Motive Error in motive is caused by an error in the formation of intent. On principle,error in motive is not essential. If there are conditions prescribed by the law,there is an essential error in motive. In TCO article 32,the law sets forth that â€Å"Error in motive is not deemed as essential unless the mistaken party deems the motive as necessary basis for the contract and it is valid regarding the business affairs in good faith. Yet this rule is not applicable unless the other party is aware of this motive† According to this article,error in motive is essential if the party deems this motive as necessary basis for the contact. This means the party is mistaken about a subject or qualifications of someone which affected his decision to form the contract. Error in material qualification,error in fact,error in legal status are examples of such mistakes. A wants to buy sculpor B’s statue but in fact the statue is a replica. In this situation there is error in material qualification. A thinks he is assigned to a job in another city,so he rents a house in that city. He made an error in fact. A purchases a land to build a house,but does not know construction is forbidden on this site. He is mistaken about land’s legal status. Also if other party is or has to be aware of the motive,error is deemed as essential. This should be determined in the present case. Avoidability In TCO art. 30 the law stipulates that â€Å"A party acting under an essential error when entering into a contract is not bound by it. † However this is limited by TCO art. 39. The contract will be valid if the mistaken party does not abolish the contract in a year,beginning from the moment he realises his error. Good Faith Rules in Error Right to avoid is also limited by the law. The law states in TCO art. 34 that â€Å"A person may not advance error in a manner in violation of good faith. In particular, the contract is considered to be concluded in a way that the party acting in error intended, in case the other party declares his consent to be bound by that contract. † Violation of good faith mentioned in the first subsection may be like this: A person learns that he made an essential error about a contract which he concluded years ago. He wants to use his right to avoid just to damage other party. In that case he will not be able to benefit from provisions of error since it is a violation of good faith. Second subsection of this provision is particularly important. I wish to give a case in this point,in order to better explain it: A wants to buy a kilo of fruit for 2 Liras,but he is mistaken and accepts B’s offer to buy a kilo for 3 Liras. Then A states his mistake to B,B immediately says he is ready to sell it for 2 Liras. In this situation A cannot put forward that he wants to nullify the contract,since he made an essential error. The contract is formed. Error by Negligence According to TCO art. 35 â€Å"A party acting in error is liable for any loss arising from the nullity of the agreement where the error is attributable to his own negligence. However, there is no compensation if the other party knew or should have known of the error. In the interests of equity, the Court may, not exceeding the benefit of standart performance, award further damages to the injured party. † The first subsection is about responsibility of parties’ actions before the formation of the contract (culpa in contrahendo). Even a slightest negligence in error results in culpa in contrahendo,and in such situations damages will be compensated. According to the second sentence of this subsection,there will not be any compensations if the other party knew or should have known of the error. But this provision is not applicable to error of declaration,since if the other party knew or should have known the error in declaration,contract is formed according to the declarant’s real intent. Yet if a party knows or has to know other party made an error in motive,mistaken party will not have to compensate any damages even if he abolishes the contract. Amount of the damage that will be compensated,is the damage that would not exist if the contract would not be formed. This kind of damage is â€Å"negative damage†. Benefit of the standart performance is named as â€Å"positive damage†. According to the second subsection,judge may decide further damages. This â€Å"further damage† is compensation of positive damage. Amount of positive damage that must be compensated may be some of the positive damage or all of the positive damage,determined by equity,but cannot exceed positive damage.

Management at Tesco :: Business Management Studies

Management at Tesco Introduction 1920s Tesco was founded in 1924, when T.E. Stockwell, a partner in a firm of tea suppliers, and Sir Jack Cohen came together. Legend has it that Sir Jack Cohen used his gratuity from his Army service in the First World War to start selling groceries in London's East End markets in 1919. The brand name of Tesco came from the initials of T.E. Stockwell and first two letters of Cohen. The first Tesco store was opened in 1929 in Burnt Oak, Edgware. 1930s Self-service supermarkets first opened in the USA in the 1930s, during the depression. They soon realized that by selling a wider variety and larger volume of stock, and employing fewer staff, they could offer lower prices to the public. The Tesco business prospered and grew in the years between the war. 1940s In 1947 Tesco Stores (Holdings) Ltd was floated on the Stock Exchange, with a share price of  £ 25. The price at the beginning of February 2002 was around  £ 2.42. Self-service stores came to Britain after the Second World War, and Jack Cohen opened the first Tesco self-service store in St Albans in 1948. 1950s In 1956 the first Tesco self-service supermarket was opened in a converted cinema in Maldon. 1960s By the early 1960s, Tesco had become a familiar name. As well as groceries, the stores sold fresh food, clothing and household goods. The Tesco store, which opened in Leicester in 1961, had 16,500 square feet of selling space and went into the Guinness Book of Records as the largest store in Europe. During this period, Tesco introduced trading stamps so that it could bring lower prices to its customers. Tesco introduced the concept of the superstore in 1967 when it opened a 90,000 square feet store in Westbury, Wiltshire. The 'superstore' was a new concept in retailing and the term was first used when Tesco opened its store in Crawley, West Sussex, in 1968. 1970s By 1970, Tesco was a household name, its reputation built on providing basic groceries at very competitive prices. But as people become better off, they looked for more expensive luxury items. In the late 1970s the company decided to make its stores more attractive to a wider range of customers. Tesco introduced more superstores, which sold a broader range of goods, and had wider aisles and better lighting. In one year, in the late 1970s, the Tesco market share increased from 7% to 12% and, in 1979, its annual turnover reached  £ 1 billion for the first time. 1980s During the 1980s, Tesco continued to build new superstores, opening its 100th in 1985. In 1987 it announced a  £ 500 million programme to

Pelican Brief Summary

John Grisham: the Pelican Brief Summary: Two Supreme Court Justices, Rosenberg and Jensen, are murdered. Darby Shaw starts an investigation in different libraries for some days and opens a file about her theory why Rosenberg and Jensen could have been killed. She thinks that Victor Mattiece is responsible for the two deaths because Rosenberg and Jensen prevent him of gaining the oil in South Louisiana and in fact, her theory is completely true. Characters:  ·Darby Shaw: She is a 24- year- old girl from Tulane University, New Orleans and the main Character in the novel.She is a good- looking, very intelligent woman who has graduated with magna cum laude with a degree in biology and planned to graduate magna cum laude with a degree in law and afterwards she wants to defeat chemical companies for polluting the environment. She has an affair with Thomas Callahan, who is her law professor at University. Darby Shaw is the author of the â€Å"Pelican Brief. †  ·Thomas Callahan: H e is a liberal, handsome law professor, 45 years- old and interested in much younger women. Thomas Callahan has good connections to the FBI because of his old friend Gavin Verheek.He is the first person who gets interested in the â€Å"Pelican Brief. †  ·Gavin Verheek: One of Thomas Callahan's best friends from law school, Gavin has dropped out from privacy practise to work as a lawyer for the government. He is special counsel of the FBI- Director F. Denton Voyles. He gets the â€Å"Pelican Brief† from Thomas and passes it on to the other FBI- Agents.  ·Gray Grantham: He is a journalist with the Washington Post. Together with Darby Shaw, Gray is one of the main protagonists in the book. He is a workaholic, loves his job and is of course very interested in politics.He lives alone and becomes the protector and friend of Darby Shaw. In the novel, he is kind of a symbol figure of the honourable, real American  ·Abraham Rosenberg and Glenn Jensen: They are two Supreme Court Justices who are killed by a professional killer called â€Å"Khamel† in the beginning of the story. Their death causes the whole case. Especially Rosenberg is a Supreme Court Justice who is hated by lots of people because of his simple ideology: Government over business, the individual over government, the environment over everything. â€Å"Khamel†: He's a killer who works for Victor Mattiece and is responsible for the deaths of Abraham Rosenberg, Glenn Jensen, Thomas Callahan and Gavin Verheek. He also tries to kill Darby Shaw because of the â€Å"Pelican Brief†  ·The President of the United States: Darby Shaw and Gray Grantham want to prove that the President is involved in the Pelican case and that he has influenced the investigation.  ·Fletcher Coal: He's the Chief of Staff and the assistant of the President. The President appreciates his advice and in fact, he's the one who pulls the rope in the background whenever there is a decision to make. F . Denton Voyles: Director of the FBI  ·Giminski: Director of the CIA  ·Victor Mattiece: A tycoon from Lafayette who has drilled for oil in South Louisiana and has found a large amount of oil in 1779 and quickly has started buying this land. Because Mattiece had money, he is a popular man with the politicians and bureaucrats. Then a lawsuit has ordered them to stop the dredging and drilling. The plaintiff is an environmental organisation called Green Fund that argued that Mattiece would destroy a natural refuge for waterfowl especially for the Louisiana Brown Pelican.After 30 years of contamination by DDT and other pesticides, the Louisiana Brown Pelican would be eliminated then. First Green Fund has lost the trial but then Judge Rosenberg and Jensen kept the injunction in place. Mattiece starts to fight for the right to get the oil with hundreds of lawyers, he know that it will take him a long time to win the trial but that lots of money and the President will help him to win it . He is so sure that the President will help him because he has contributed the President's campaign with four million two hundred thousand dollars, all trough legal channels.Mattiece is not interested if the way to reach his aim is legal or illegal he even pays killers like â€Å"Khamel. † He hides his illegal activities behind an impenetrable maze of limited partnerships and corporate associations. Very expensive law- offices like White;Blazevich, helps him to win the trials.  ·Randy Garcia alias Curtis D. Morgan: He is a source of Gray Grantham who gets killed in the end. However, he is an important character because with his help, Gray is able to verify the â€Å"Pelican Brief. † Summary: In the beginning of the story two Supreme Court Justices, Rosenberg andJensen, are murdered. Darby Shaw starts an investigation in different libraries for some days and opens a file about her theory why Rosenberg and Jensen could have been killed. She thinks that Victor Mattiece is responsible for the two deaths because Rosenberg and Jensen prevent him of gaining the oil in South Louisiana and in fact, her theory is completely true. She calls her dossier, â€Å"Pelican Brief† and show the document to Thomas Callahan. He hands the brief over to his friend Gavin Verheek (he is special council of the FBI Director).That's the way the â€Å"Pelican Brief† goes the round through the FBI, the CIA and of course the White House. The president now has to restructure the Court because of Rosenberg and Jensen's death. That is Victor Mattiece's aim. He knows that the president will chose conservative justices who will vote for his plans of gaining the oil. Mattiece also becomes aware of the â€Å"Pelican Brief† and decides to kill everyone who is involved in it to keep his plans secret. He hires the killer â€Å"Khamel† who also killed the two justices to murder Darby Shaw and Thomas Callahan.One night after they had visited a bar, Callahan is rather drunk, and on the way home, they start quarrelling because Darby does not want him to drive. He insists on driving and she resists on getting into the car with him. That is her luck because when Callahan starts the engine, the car explodes. Darby is brought to the hospital but she is very suspicious because she knows that Thomas was killed and that his murderers follow her. By now, she is on the run. Darby phones Gray Grantham a reporter of the Washington Post about whom Callahan spoke often because he regarded him as a good journalist.She asks him for a list of the people who have contributed the President's campaign three years ago. She tells him that she is the author of the Pelican Brief and that someone is behind her but she does not know who. She hopes to find it out with the help of the list. Gray asks her to meet him but she denies. In the meanwhile, Gray Grantham has another telephone call from a so-called Garcia who tells him that he knows who has murdered Rosenb erg and Jensen and tells him some details, which show him that Darby has told the truth.In the following time, Darby has to change her locations and appearance very often but she cannot get rid of her followers. She calls Gavin Verheek and tells him about Callahan's death and they decide to meet each other at a safe place. He describes his look and she asks him to wear special clothes, so that she will know who he is. A bug records this telephone conversation and it's again Khamel's turn. He shots Verheek and meets Darby as â€Å"Gavin† in order to kill her too. In the last moment, Khamel gets shot himself.Her secret rescuer is a CIA-Agent how Darby learns in the end. She can run away again and decides to ask Gray Grantham for help. She calls him and they meet each other in a hotel in New York. There she tells him everything she knows and they both start looking for Garcia, who is the only one who can verify Darby's dossier so that Gray can write a story about it and nail Vic tor Mattiece. They find out that Garcia's right name is Curtis D. Morgan and he is one of the lawyers of â€Å"White&Blacevich† whose client is Mattiece.Darby and Gray decide to go to Washington to meet Curtis Morgan. There they find out that Garcia is already dead. Probably Mattiece's people murdered him. So they visit Morgan's wife to tell her that her husband has not committed suicide and to ask for her help. She gives them a key to a lockbox in the â€Å"First Columbia Bank. † In the lockbox, they find a video cassette and an envelope with some papers in it which enables them to proof that Darby's theory is correct. Darby and Gray go to the office of the Washington Post where Gray writes his story.After that they drop the bomb and contact Denton Voyles, Mattiece's lawyers and the White House. The White House decides to order an investigation to tell everyone what Mattiece has done and denies any connection between Mattiece and the President. FBI Director Voyles hel ps Darby to leave the country unknown because she feels not safe anymore in the U. S. A. In the end, Mattiece and his people have been indicted, the president's image is badly hurt so that he won't win the re-elections and Darby and Gray are safe at the island of St. Thomas.

Implications of Tuition-Free College Education Essay

In considering the matter of tuition-free college education for all qualified citizens, one must ask what impact there will be on society in general, national economics and the educational system over all. In removing all economical barriers to education on the four-year level, an increased number of qualified employees will exist and the level of Master’s and Doctoral degrees would heighten. This will serve humanity better in allowing a higher level of professionalism and informed citizenry for the countries in question. In a study performed by De-Fraja in 2002, the results were divided between the bright and the unintelligent. In allowing a tax-supported educational system, the study shows that more capable individuals who were not afforded an educational opportunity would be allowed to serve better the needs of the government and the populace in general. It also insinuates that the unfortunate challenged people would become more efficient if they opted for education, whereas otherwise they may become a burden on the system in general. In affording these opportunities, a higher-trained workforce becomes available, thereby giving more opportunity for tax-supported education from the increase in tax payments per capita. De-Fraja further supposes that the option of private education will widen the gap between the privileged and the non- but at least society is improved overall (De-Fraja 2002). Feldman and Steenbergen implicate the need to provide these opportunities in terms of humanitarianism. In allowing underprivileged individuals the ability to improve themselves, we are thereby improving our own society. The study argues that, â€Å"humanitarianism is an important element of the American sociopolitical ethos, although it has received little attention in the public opinion literature,† (Feldman & Steenbergen, 2001). With the social welfare system carrying a negative reputation, they suggest that the educational system would be impacted by this, but this is the area to address rather than the positives that would come from the tuition-free programs. Dynarski looks at the issue from an economics point of view. In contending that the financial burden of providing such a system would be heavy, the resulting influx of employee base would increase the operating capital of the project, thus off-setting the cost in the end. She also poses that even a $1,000 grant for students will increase the participation levels by 4-6%. In offering free college in the public education sector, the private organization can still offer varying levels of programs, but the populace overall will contribute in a positive manner. Although she states that the obvious impact would be in satisfactory standards for these programs, with the proper system in place, the concern should be effectively addressed, thus making the decision economically viable (Dynarski, 2002). Finally, as a practical implication, we look at the evidence offered by Foondun. In looking at the effect of free-tuition in developed and developing countries, Foondun found that while developing nations do not always have the distinct plan to offer educational programs, as countries grow – the sponsorship of private schools increase. With this increase, one finds betterment in the general populace and the economic situation overall. With an increase in educated individuals, the shift begins to slide towards betterment of the country and its people, humanitarian efforts increasing on a larger scale. With this would follow the tuition-free education systems, thereby improving the overall condition of the country (Foondun 2002). In conclusion, by looking at the economic, humanitarian, and practical implications of free-tuition offered to all qualified individuals, we can see that the impact will be positive. In looking at the growth potential of countries specifically, we find that without the foundation of an educated populous, a developing nation will remain at a disadvantage. In fostering education, tax bases increase, as does the livelihood of humanity throughout. Free-tuition for secondary educational is worthwhile and recommended overall. References De-Fraja, G. (Apr 2002). â€Å"The design of optimal education policies. † The Review of Economic Studies, 69(2), 437-466. Dynarski, S. (May 2002). â€Å"The behavioral and distributional implications of aid for college. † The American Economic Review, 92(2), 279-285. Feldman, S. & Steenbergen, M. R. (Jun 2001). â€Å"The humanitarian foundation of public support for social welfare. † American Journal of Political Science, 45(3), 658-677. Foondun, A. R. (Nov 2002). â€Å"The issue of private tuition: An analysis of the practice in Mauritius and selected South-East Asian countries. † International Review of Education, 48(6), 485-515.

Spies in the Civil War essays

Spies in the Civil War essays The Civil War was the bloodiest, most devestating war that has ever been fought on American soil. It began on April 12, 1861, at 4:30 in the morning. The main reason that the war was fought was because Southern states believed that they should have the right to use African-Americans as slaves, and the Northern States opposed that belief. Millions of American men and women fought against each other in this war, and more than half a million died. Yes, that is a fact. The men were usually soldiers. Women tended to be nurses, aides, or doctors, although some of them posed as men in order to be able to fight in the war. Some of these men and women, though, were spies. Instead of fighting with guns and ammunition, these people fought through secrets and sabotage. These tactics turned out to be essential. Battle could be won or lost depending on information aquired from spies. Back then, spying was hardly the same as it is today, with all of our high-tech gadgets and well-organised secret agent groups. However, most of the things that spies do today were done in the nineteenth century just as effectively. On thing that spies did was send messages, which were usually about the enemy's plans and movements, their troop size, their supplies, and the placement or strength of their forts. Many used coded messages with words that stood for different words. Some had different symbols for letters and numbers. Some spies even used inivisible ink. The spies also had ways of concealing the messages that they had to deliver. Messages were often hidden in articles of clothing. People had to write on silk, that was then sewn into clothing, and spies could also hide information in large metal buttons. Women's clothing was ideal for hiding things in. Sometimes, they would even hide people under their hoop skirts! Two other things that spies did often were interceptin gmilitary dispatches and sending supplies. Supplies were often ...

The mona lisa Essay Example | Topics and Well Written Essays - 750 words

The mona lisa - Essay Example Today, it is treated as an asset of France. It is remained publicly displayed in Paris at The Louvre museum since 1797. The expression of the subject in the painting is ambiguous and is often regarded as enigmatic (Smart History). The history surrounding Mona Lisa is mysterious. The major aspects of the individual in the painting are not clear, making it challenging to identify the sitter. In case, various questions have been raised as to how long the artist took to complete the painting. Moreover, it is unclear as to the process the French took to acquire the artwork. Historians have argued that the artwork was aimed at portraying to events. Firstly, it marks when Francesco del Giocondo together with his wife ended their house. Secondly, it can be used to reflect a time when their daughter died and their son born in 1502. The veil evident on Mona Lisa’s hair is at times regarded as reflecting a mourning mood. Additionally, the clothing on Mona Lisa is unexceptional reflecting a noble status (Iralian Renaissance). The perfection evident in Mona Lisa’s portrait reflects the influence it had on Lombard and Florentine artwork, which was pursued in the 16th century. The smile by Mona Lisa illustrates a sitting figure, which is a representation of happiness. It is the idea that makes the artwork to be regarded as ideal in the perspective of the viewers. The portrait creates a general impression as one driven by serenity. In this case, serenity is evident in the case where the scheme of the color is muted. It reflects the harmony that the sitter creates based on her pose, which is pyramid-shaped. The factors that illustrate this include the gaze and perplexing half smile that the viewer observes from the right. Moreover, her hands reveal a lifeless trait, as if they belong to another body (Iralian Renaissance). The manner in which Leonardo painted Mona Lisa deviates from the

Respond to 4 students with no more than 60 words with 2 references Coursework - 1

Respond to 4 students with no more than 60 words with 2 references each - Coursework Example This made it possible for the author to convince the reader on the merits and demerits associated with each kind of level of measurement (Manheim, Rich, Willnat, & Brians, 2008). With that, decision making for researchers became much easier when it comes to the selection of measurement of validity for individual researchers (Reynolds, 2007). A major shortfall that characterisitcally shows up with reference to the author’s work has to do with the fact that not much background was given to the various levels of measurement of validity, namely nominal level, ordinal level, interval level, and ratio level (Frankfort-Nachmias & Nachmias, 2008). This not withstanding, much work was done by the author in giving a generalized background to research situations where the need to measure validity is more useful and this was sighted as quantitative study (Garger, 2010). Garger, J. (2010). 4 levels of measurement in social science.Methodology. Retrieved September 23, 2012 from http://johngarger.com/articles/methodology/4-levels-of-measurement-in-social-science-research Clearly, the author was more emphatic on some of the levels, particularly, the nominal and ratio than others. As this was done, it would have been more appropriate if specific instances where researchers could best use these two levels were also discussed into detail. Though much detail was given on the merits of the nominal level (Frankfort-Nachmias & Nachmias, 2008), not much specification was done for researchers who would want to settle on this type measurement to test the validity of their works (Farcao,