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CONTRACTS AND cONTRACTING eSSAY
CONTRACTS AND cONTRACTING eSSAY
Situation analysis
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Scenario 1
In this scenario, a bet of $1000 between two people on the outcome of a football game occurs. A short statement regarding the bet is written and signed on a napkin; witnessed by 10 other people. After winning the bet, the other loosing person refuses to pay the $1000 to the winner. The questions to answer here is whether the winner will be able to legally collect the money from the looser? Why or why not?
The simple answer to the question is NO, the winner will not get the money. Simply put, a contract must have certain elements for it to be lawful. These elements should be between an offeror and an offeree with the following details: an agreement, consideration, contractual capacity, lawful object and parties to a contract.
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After signing an agreement to purchase the home for $500,000 he become impossible to reach to pay out the cost. After further investigation, it is discovered that the senior citizen has been living in a senior citizen’s home for Alzheimer’s disease. The question to answer here is will I be able to force him to pay the $500,000? The senior citizen in this scenario is not responsible for $500,000, simply due to his age and mental condition. First, the senior citizen would be entitled to indemnification which according to Cornell University Law School “To indemnify another party is to compensate that party for loss or damage that has already occurred, or to guarantee through a contractual agreement to repay another party for loss or damage that occurs in the future.” (Cornell University Law School, 2017). This basically, secures the senior citizen against any lawful responsibility for his actions. Additionally, due to the senior citizen Alzheimer’s disease, it is safe to state that the 80-year-old man did not have contractual capacity to enter into this agreement. One of the element of a basic contract is the offeror and the offeree must be a healthy mental capacity and in this scenario the senior citizen was clearly not capable considering he was later found to be living in a senior citizen home for the
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1. Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house.
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
(Ackerman 17)” However, this framework does have its limitations. The legal model does not recognize “the impact of illness upon autonomous behavior, it impair the ability of patients to engage in contractual therapeutic relationships.(Ackerman 17)”
To begin to understand an individual must start to understand the current status of care for the elderly people with dementia. In the twenty-first century there are differences that occur that are unlike past elderly care (Bookman & Kimbrel, 2011). One difference that is looked at is the six key groups that people look for in outsourcing are health care providers, nongovernmental community-based service providers, employers, government, families, and elders themselves (Bookman & Kimbrel, 2011). Roberto and Jarrott (2008) discuss one of the key groups that Bookman and Kimbrel (2011) talk about. In Roberto and Jarrott’s (2008) article they explain that older adults have to rely on family member for instrumental support and more intense care activities.
...tion with the outside world and loss of their life style. Communities need to be educated on dementia so that as to include and create activities they can join in. The residential homes decision makers need to monitor the cares’ behaviour as they and address issues within their working environment to improve and keep everything up to standard. The government need to implement and review their policies to make ensure quality care in residential homes. According to United Kingdom Health and Social Care (UKHCA), (2012) and The National Institute for Health and Care Excellence (NICE), have been working on introducing new guidance which will help dementia patient to get more funding to live in their own homes and avoid living in residential home which is a positive move as people will still enjoy the comfort of their homes and receive excellent care.
To our governments credit the efforts of a decade ago didn’t break sprits of our lawmakers who still feel that asset shifting is a unjust practice. Four states have already implemented the new Partnership Program, which allows a consumer who buys, 100,000 in long term care to exempt that sum before claiming the rest of their assets, which would in turn allow that person to preserve money for their heirs and/or purchase the long-term care of their choice.
A study in 1997 points out that in the UK between 38-57% of people, in long-term care, have a moderate to severe form of dementia (Elliot et al 1999). Most recent information shows that in the UK almost 800,000 people are affected by dementia, which translates into a financial burden costing £23 billion a year to the economy. It is also predicted that by 2040, the number of people affected by the disease is expected to double (Alzheimer's Society Dementia Report 2012)
Life seems to get busier and more hectic as each generation passes. As generations continue to age, a common dilemma arises that must be resolved: whether or not to put their aging loved ones into a nursing home. Nursing homes have become excessively more popular as the elderly continue to have longer life expectancies. Nursing homes at first were only for those who were poor and had no family to care for them, but now has become an option for families who simply cannot sacrifice the time and effort to care for their elderly loved ones. Morality and ethics is a huge factor in the difficult decision, which many moral factors are considered. In order to analyze how to effectively decide whether or not to put an elder in a nursing home, two theories
Scenario 2 – The first obvious fix would have been for everyone to agree to a few norms for the meeting. One being to use “I” statements instead of “you” statements. The teacher everyone was upset with might have responded a bit differently had she not felt attacked by the team. Another fix, although it was tried, was a mediator. Maybe if the mediator had been someone other than an administrator, for instance a counselor, the teacher would have been more open to listening to the team. Having an administrator present possibly made her feel as if her job was in jeopardy. Along with the use of I statements the mediator needed to ensure everyone had a chance to speak and actively listen. Active listening does not mean you agree with the
As I sit here writing this research paper on the fourth anniversary of my grandfather’s death to Alzheimer’s, I cannot help but to feel especially connected not only to the physical destructiveness of the disease, but also to the emotional tolls associated with having it affect a family member. When I was in my freshman year of high school, my grandpa (mother’s father) began his steady decline from his diagnosis of this ailment. A man who I knew my whole life to be strong and independent started to become physically fragile and even more mentally so; after some time, he began to show signs of drastic memory loss, constant confusion and a hazardous inability to perform tasks once done with minimal effort. The onset of these debilitations had an immeasurable impact on my family. My grandmother (his wife) possessed the largest burden of the constant care for my grandfather as he slid into a state of powerlessness and incapability for basic self-maintenance. However, since my grandma never learned how to drive, taking full care of my grandpa become a near impossible task. After nearly a year and a half of my family witnessing my grandfather losing himself to Alzheimer’s, my family decided to place him in a hospice care facility that could provide him with the proper care before his inevitable passing to the disease a few months later.
As nurses we owe a duty of care to our patients regardless of their race, status and age. In all our working life, we have to conduct our self in a way that is considered reasonable for someone in our position to do so. Reasonable conduct may be thought of as that which is acceptable, fair, honest, right and proper. However, this duty of care is questioned when it comes to dealing with preserving the autonomy of a person who is suffering from dementia in a nursing home. This research paper will focus on the ethical issues between duties of care vs. autonomy of dementia residents living in an aged care facility.
Therefore, Player 1 is going to put Paper as it draws the highest payoff of 1. But it is quite unrealistic assumption. In practical situation, Player 2’s announcement cannot be believed by rival because they are in zero-sum game so both players want to better off by deceiving the opponent. As a result, Player 1 has to
My understanding of case management comes from an accumulation of lecture, readings, and a little bit of research. At first I thought case management meant to manage a case, which it kind of does, but it is a lot of background work that goes unnoticed from the workers part. One thing for sure I can say about case management is that is a very stressful and demanding job for the worker, therefore, you have to be a responsible worker, so that your client can hopefully get the services and resources he or she may need. As a case management worker your responsibilities are many, for example you are to educate, empower and enable your client to be self sufficient.
Business ethics has been a very worthwhile course that has shown me new ways of seeing companies and products. I not only learned about the legal compliances that businesses have to address and the laws that exist to protect certain individuals, but I also learned real life events that deal with the ethical or unethical conduct of companies. Business ethics has changed my mindset from being slightly conformist to now evaluating and questioning the ethical state of any business. I am more informed now that I took the course than I was before. I learned that corporate culture influences whether a company is ethical or unethical; and that one should investigate into the corporate culture before applying for a job there in order to not be surrounded
Since then, 14 other such shelters have been opened in various long-term care operations around the country to deal with urgent cases of financial abuse.“We see many cases where someone convinces an older person to give them the power of attorney, and then uses that authority to strip their bank accounts, or take the title of their home,” said Amy Mix, a lawyer at the AARP Legal Counsel for the Elderly, which works with the Adult Protective Services division in the District of Columbia government as well as the city’s police department. (“Financial Abuse of the Elderly: Sometimes Unnoticed, Always Predatory” By Elizabeth Olson). There are awareness programs that help elderly people who are abused at homes. Presidential candidates discuss increasing social security amount. Many elderly people feel lonely or depressed since their children move out and they either live alone or their significant other has passed on to a better life. Social securities has been an issue in the past and also now in the present. Social Security, is a financial lifeline for millions of elderly Americans, it has returned as a major political issue that Democrats could use to embarrass the majority of the Republicans in Congress and put the eventual GOP presidential nominee on the defensive. President Barack Obama, and many fellow Democrats in Congress and Democratic presidential front-runner Hillary Clinton are urging quick action to provide that boost for the