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Business Law and Ethics, Offer and Acceptance for a...

Business Law and Ethics Assignment 14/03/2013 Module : 26313 Module leader : Phil Robinson Words count : 1088 In order to advise Neil, it is necessary to consider the law of the contracts, especially about offer and acceptance. We will analyze the situation to see what laws are applicable and advise Neil. In this case, we have three different people: Firstly an offeror, a person who makes an offer (in this case, Neil) and two offerees, the person to whom an offer is made (in this case, Theresa and Alex). Neil placed an advert in the â€Å"Cats Weekly† magazine, which offer a rare female utopian cat for sale  £500 or nearest offer. This is an invitation to treat, which is â€Å"an indication that a person is prepared to receive offers†¦show more content†¦As Neil has rejected the offer, according to Hyde v Wrench (1840) â€Å"when the person to whom the offer was made proposes new or amended terms, also terminated the original offer†. This means that Neil can’t propose  £500 anymore to Theresa. She has until 12.00 noon on Friday to write the acceptance if she still wants it for  £475. Neil is entitled to revoke the offer at any time before acceptance [Payne v Cave (1789)]. Furthermore, according to Routledge v Grant (1828) â€Å"The defendant could revoke his offer at any time before acceptance, even though the time limit had not expired†. In this case, Neil has not made any acceptance with Theresa yet, so he is able to withdraw the offer whenever he wants. Theresa has phoned Neil on Wednesday morning, and left a message to accept the offer at  £475. But Neil’s phone malfunctioned, so he did not receive the message. â€Å"The postal rule states that, where the use of the post is within the contemplation of both the parties, the acceptance is complete and effective as soon as a letter is posted, even though it may be delayed or even lost altogether in the post† [Adams v Lindsell (1818)]. Here Theresa has left a message which Neil never heard. According to this rule, it should be an acceptance. But during their first phone call, Neil has specifically said that he wanted a written acceptance. Indeed, â€Å"if the offer stipulates a particular mode of communication, the postal rule may not apply†Show MoreRelatedElements of Contract Essay908 Words   |  4 PagesA contract is a legally binding exchange of promises or agreement between parties that the law enforce. It does not prescribe the rights and obligations of the parties. A contract does not need to be in writing to be enforceable. We will evaluate the offer, acceptance, and legal consideration. Written A written contract clearly communicates the details of the deal in writing. Also it eliminates doubt that it exists which is what has to proven in a verbal contract. 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In addition, the CFPB should consider provisions related to consumer financial data, the security guarantee of consumer s financial data will increase the ethic value of the contract, this secur ity guarantee is very important to consumers who needRead MoreQuestions On Common Law Assignment1706 Words   |  7 PagesIntroduction to Business Law and Ethics Topic: Common Law Assignment Lecture Leader: Maya Lecture Day and Time: Thursday 1.00 pm Lecture Location: HU3 404 Word Count Less References: 1450 â€Æ' Common Law Assignment Is there an enforceable contract between Samantha and Julie? Issue Samantha wants Julie to deliver her an order of sandwiches and cakes for 100 people. Both Samantha and Julie negotiated over time and at last finalized the deal. The question however arises as whether the contract they haveRead MoreB2B vs B2C Legal Ethical And Regulatory Essay890 Words   |  4 Pagesconduct business. This means communication with suppliers and vendors. The B2B sites may be monitoring inventory levels or conducting costs comparisons, globally. Communication is usually performed by the employees who have a focus on corporate goals and issues. Some of the issues associated with a B2B site include the use and storage of intellectual property by others, financial terms and payment methods are openly discussed, government regulations may impact the way that business is conductedRead MoreEssay about Business Biblical Worldview1576 Words   |  7 PagesThis paper will explore what a Biblical Worldview is and present a Biblical Worldview process of contracts, ownership and responsibility. A Biblical Worldview is a view that holds to the belief that there is absolute moral truth; no one can earn their way into Heaven with good deeds; the Bible is 100 percent correct in all aspects; Jesus Christ lived a life free of sin while He was on earth; and God is omnipotent, omniscience, and the ruler of the universe (Barna Group, 2009). It has been provenRead More Contracts Essay1093 Words   |  5 Pages Contracts A contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts. Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court for the damages caused by the breach. Sometimes, however, a party that breaksRead MoreContract Creation and Management1199 Words   |  5 PagesContract Creation and Manage Law 531 Contract Creation and Management After completion of the Contract Creation and Management simulation the following legal issues were noted. There were problems with this contract from the beginning because the specifics of the contract were ambiguous from the start. The companies involved developed a contractual relationship by evidence of an offer, acceptance of the offer and valid and legal consideration, which in this case is money for services renderedRead MoreLaw 310 : Week 5 You Decide- Taking Business Global1522 Words   |  7 Pages LAWS-310: Week 5 You Decide- Taking Business Global Jeff Jolly Professor Melanie Morris DeVry University 1 April 2017 Table of Contents Introduction 3 Evaluating Proposals 3 Global Implications 5 Protection from Personal Liability 7 Conclusion 7 References 9 â€Æ' Introduction This memo has been created to present all current proposals in regard to the supply of widgets for Gloria Smithson’s company to meet the requirements of current orders by customersRead MoreLegal Status Of Agreement Between Messi And Victorian Government2567 Words   |  11 Pages BUSINESS LAWS â€Æ' Table of Contents Answer 1 3 Answer 2 4 Answer 3 6 Part A: Legal Status of Agreement between Messi and Victorian Government: 6 Part B: Messi and Chavez and their contractual and commercial implications: 7 Part C: Contract between Chavez and Robben and the Australian Contract Law: 8 References 11 â€Æ' Answer 1 Cultural diversity in today’s organizations is on the rise. There are many organizations that are thriving towards attaining cultural diversity in their spheres. It has

Merits and Demerits of Police Identification Free Essays

?Discuss any four types of police identification parade emphasizing on their respective merits and short comings. Police identification parade can be referred to as a situation whereby suspects believed to have committed a crime are presented or lined-up for witnesses to identify if indeed the one or group of persons who committed the crime is amongst the line-up. This method is used inorder to help the police confirm if indeed suspect did commit the crime. We will write a custom essay sample on Merits and Demerits of Police Identification or any similar topic only for you Order Now There are several ways in which police identification parades can be conducted. Depending on the type of situation and resources available for use; be it human or technological will most preferably assist the police on what methods to put in (type of identification parade). When police forces are carrying out their functions, they also have a duty to have regard to the need to eliminate unlawful discrimination, harassment and victimisation and to take steps to foster good relations. The main focus of my study is to address only four of these identification parades and analyze into detail their main objectives and discuss their merits and where they fall short. Some of the identification parades we know of may weigh in different levels with regards to effectiveness. Others are judged to be more effective whiles some others are least effective. In this code, identification by an eye-witness arises when a witness who has seen the offender committing the crime and is given an opportunity to identify a person suspected of involvement in the offence in a video identification or similar procedure. From a legal point of view the question that an identification parade attempts to answer is whether the suspect is in fact the culprit. First of all, I would like to discuss about the ‘video identification’. With this method, suspects are kept in a confined area or room under a surveillance camera. A ‘video identification’ is when the witness is shown moving images of a known suspect, together with similar images of others who resemble the suspect. Sometimes in absence of the videos photographs of assumed suspects are shown to the witness to help identify the culprit. Even though it is sometimes useful, it is not the best since it shows still-life images which shows only one sided angle on the view of things and thereby makes it difficult for identification. The video is more advantageous in suspect identification because since there are moving images and gives different angles on the view of things. Examples are; the different kinds of expressions and mood swings exhibited by, the witness can easily identify the suspect if indeed he o she is part. These eye-witness identification procedures are designed to test an eye witness’ ability to identify suspects and to provide safeguards against mistaken identity. Secondly, the identification parade that will be considered here is the ‘line-up’. With this procedure, suspects are arranged or lined up for witnesses to view and see which of them are or is the culprit. Here, the police officer in charge instructs the suspects to turn to whichever direction the witness asks. The witness is therefore asked to point out to the real culprit(s) who indeed committed the crime. Since this is an open parade, things could get complicated and physical in the sense that, if the witness pin points the suspect, and tempers are not calm, the suspect might step forward and harass the witness physically. In some cases, witnesses might be forced to give false data when they stare directly into faces of the suspects. Some suspects make facial expressions which are very threatening to witnesses and therefore conclude that the witness is not part of the parade for fear for their life. In other cases too, the witness might point to the wrong person who also has an appearance like that of a criminal (shabbily dressed, muscular, bony face, black lips) . Also depending on the type of question the witness is asked, he or she might give false information. Example: if the police asks; â€Å"which of them attacked you or committed the offence? † the witness is implied to just chose a suspect even if, the real culprit is not among the parade. Such questions are imperatives which do not really ask a direct question but instead expects you to comply or conform. Apart from this method shortcoming, there is no doubt that it’s sometimes reliable. Thirdly, identifications can be carried out by using a one-way mirror which is a better procedure as compared to that of the open line-ups. With this method, suspects are lined up in a room which is much secured with glass windows from which the witness can have a clear view of all the suspects present. The windows here are made of glass which are tinted, so suspects do not see whatever that goes on outside but the witness who is outside the room sees all that goes on inside. Identification of culprit(s) becomes difficult for the witness if suspects are dressed in almost the same way and there is the chance that, there exist some similarities between any of the suspects, especially when the culprit is involved. Also not all eye witness’ have very good memeory when it comes to facial recognition. Furthermore, there is the sort of identification which has to do with verbal recognition. Here, different set of audio recordings of different suspects are selected and then played for the witness to identify the culprit. This method is only used in critical situations where the witness did not see the suspect but heard the person speak. This could be difficult for the witness to identify especially when the tapes been played are similar. Sometimes too, the suspect is kept in a confined room with a recording device and is asked by the police to mention specific words suggested by the witness. These words are sometimes the ones the witness heard the suspect say at the time of the incident. In conclusion to the above procedures, the police force can put in severe measures that could enhance or yield positive and effective results to make their work much easier and simpler. There are also instances whereby two or more procedures of identification are incorporated into one to help solve cases which are very delicate and special. How to cite Merits and Demerits of Police Identification, Essay examples

Stages of System Development

Questions: Task 1There are a number of systems lifecycle models, research Waterfall and Prototyping model, and evaluate them. For each model you must provide the following: Brief description Stages involved What deliverable is produced at the end of each stage Who is involved at each stage.Task 2Discuss the importance of following a procedural/staged lifecycle in a systems investigation. Answers: Introduction The system development, trade includes many unique processes, for instance, analysis, development, maintenance and publication of system development. This trade conjointly includes computer code services, like coaching, documentation, and consulting. So, thanks to different kinds of project that has completely different necessities. Therefore, it should be needed to decide on the SDLC phases in keeping with the precise desires of the project. Models Waterfall The waterfall model may be typical, linear, ancient water software package life cycle model. It's a consecutive development approach, within which development is seen as flowing steadily downwardly through the phases of necessities analysis, design, implementation, testing, integration, and maintenance. (Agarwal and Tanniru, 1990) Iterative Waterfall Model The problems with the water Model created a requirement for a brand new technique of developing systems that might offer quicker results, needless up-front info and supply larger flexibility. Repetitious model, the project is split into tiny elements. This permits the event team to demonstrate results earlier on within the method and procure valuable feedback from system users. Every iteration is truly a mini-Waterfall method with the feedback from one section providing very important info for the planning of ensuing section. (Aparcana and Salhofer, 2013) Prototyping Model Software prototyping is that the development approach of activities throughout the software package development, the creation of prototypes, i.e., incomplete versions of the software package program being developed. Not a standalone, complete development methodology, however, rather AN approach to handling chosen components of a bigger, additional ancient development methodology. (COLLETTE, 2011) Stages of System Development Demand gathering and analysis: Business necessities are gathered during this section. This section is that the main focus of the project managers and stakeholders. Conferences with managers, stakeholders and users are commanding so as to work out the wants like; United Nations agency goes to use the system? However can they use the system? What knowledge ought to be input into the system? (Notkin, 1989) Design: during this section the system and computer code style is ready from the necessity specifications that were studied within the initial section. System style helps in specifying hardware and system necessities and additionally helps in shaping overall system design. The system style specifications function input for consequent section of the model. Implementation: On receiver style documents, the work is split in modules/units and actual cryptography is started. Since, during this section the code is made thus it's the most focus for the developer. This can be the longest section of the computer code development life cycle. Testing: when the code is developed it's tested against the wants to create positive that the merchandise is really determined the requirements addressed and gathered throughout the wants section. (Ruparelia, 2010) Maintenance: Once the purchasers starts victimization the developed system, then the particular issues come up and wish to be solved from time to time. Deliverables and involvement Feasibility Study The practicable study is that the main part wont to verify whether or not the code request ought to be approved for development. The practicable study additionally determines the trail that ought to be taken once approaching the event of letter of invitation. Once evaluating different approaches it ought to be noted that development prices will be provided in terms of various estimates primarily based upon the event approach taken. (Sahraoui, 2013) Functional Specification A practical specification entails the analysis of business necessities to provide a preliminary style concerning the planned system. The practical specification is from the users perspective. The technical deliverables needed for the computer user aren't developed at this stage of the project. Systems style Specification The systems style specification could be a deliverable that's developed throughout the planning section of the SDLC. It describes, however the system is intended supported distinguishing the practical parts. The System style Specifications are developed by the appliance development cluster. Program Specification The program specification is employed to explain the program logic and process necessities that are want to meet the necessities of the code request. The program specification could be a deliverable that's developed as a part of the development section before the commencement of programming. (Weinberg, 1991) System checks arrange The system check is that the stage of development wherever all program development for the code request is completed and also the computer user performs the specified testing to confirm that each one practicality works as needed. Acceptance check arrange The acceptance check is that the stage of development wherever the code developed is tested during a controlled setting wherever no changes will be created. The check is performed by the user UN agency is most conversant in determinative whether or not the code meets the necessities of the business. (Notkin, 1989) Conversion arranges Conversion plans are unit solely needed whenever the code request changes the way during which information is bestowed. Enhancements that need further files in several cases wouldn't require any information to be born-again. The conversion of knowledge is that the prelude to the parallel check arrange. Task 2 Importance of staged Lifecycle in a systematic investigation Lifecycle stage in Models Analysis System is a component of the event life cycle of a system. It involves the method of investigation existing or new systems, analysing and understanding the wants of users. System style takes place when the investigation and analysis of the system has been done. System style involves designing the new system that's, however, it ought to be done. The Significance of System Analysis and style System Analysis and style could be a terribly vital and crucial a part of system life cycle as a result of it deals with the investigation of a system through to the analysis of the system, structural style of the system, the implementation of the system and therefore the maintenance of a system. Any errors, mistakes or unresolved or unidentified issues within the analysis stage can lead to complications which can result in system failures. Stages within the System Development Life Cycle The system life cycle is also checked out as a seven phase- drawback finding procedure. These stages are: 1. Initiation 2. Preliminary Investigation 3. System Analysis 4. System style 5. System Development 6. System Implementation 7. System Maintenance Example Lifecycle Stages ATT is that the Mobile Service supplier, and don't produce or turn out their own web site, thus they're going in search of corporations WHO will produce their needed application (website, paying bills online, online chat)here the ATT Company is termed to the consumer and therefore the Company WHO takes the project is termed to SERVICE based mostly COMPANY. During this example, we will take H2K as Service based mostly Company. Now the consumer wants an on-line a web an internet application wherever they have their customers to pay their bills online through numerous modes, read their decision outline and does account management. Requirements: during this part H2Ks BA team confer with ATTs BA team and gathers needs from ATT. ATT says they have {an on-line |a web| an internet} application wherever they have their customers to pay their bills online through numerous modes, read their decision outline and do account management. (McDowall, 1991) H2K BA discuss in an exceedingly meeting to form clear concerning the wants and document the wants in an exceedingly document referred to as BRD containing info like what is the entire browser they have this website to be opened what are the modes of payment If the client must read what quite user id and positive identification etc. Design: during this style part the gathered needs can regenerate into HLD and honorary degree. Use-cases, style Specifications, Technical specs, flowcharts are designed. HLD: Has the data concerning the structure of login application, screen navigation method. It contains the flow-graph data, use cases of ATT web site, however login goes to look. Conclusion After analysis of all models through the varied factors, it's been found that the first waterfall model is employed by numerous massive corporations for his or her internal Project. Since the event team is acquainted with the surroundings and it's possible to specify all needs of operating surroundings. Unvarying waterfall model overcomes the downside of the original body of water model. It permits feedback to continuing stage. Example model accustomed develop online systems for the group action process. (COLLETTE, 2011) References Agarwal, R. and Tanniru, M. (1990). Systems development life-cycle for expert systems. Knowledge-Based Systems, 3(3), pp.170-180. Aparcana, S. and Salhofer, S. (2013). Development of a social impact assessment methodology for recycling systems in low-income countries. The International Journal of Life Cycle Assessment, 18(5), pp.1106-1115. COLLETTE, M. (2011). Hull Structures as a System: Supporting Lifecycle Analysis. Naval Engineers Journal, 123(3), pp.45-55. Goncalves, R., Agostinho, C., Malo, P. and Garcao, A. (2007). Harmonising technologies in conceptual models representation. IJPLM, 2(2), p.187. McDowall, R. (1991). The systems development life cycle. Chemometrics and Intelligent Laboratory Systems, 13(2), pp.121-133. Moore, W. and Whitehall, P. (2005). THE TOURISM AREA LIFECYCLE AND REGIME SWITCHING MODELS. Annals of Tourism Research, 32(1), pp.112-126. Notkin, D. (1989). Applying software process models to the full lifecycle is premature. SIGSOFT Softw. Eng. Notes, 14(4), pp.116-117. Ruparelia, N. (2010). Software development lifecycle models. SIGSOFT Softw. Eng. Notes, 35(3), p.8. Sahraoui, A. (2013). The rationale paradigm in system development lifecycle. IJSSE, 4(1), p.44. Weinberg, R. (1991). Prototyping and the Systems Development Life Cycle. Journal of Information Systems Management, 8(2), pp.47-53.