TABLE OF CONTENTS
1) Introduction
2) Implied Terms
3) Custom / Usage
4) Court
5) Past Dealings
6) Statute
7) Goods Act
8) Trade Practices Act
9) Conclusion
10) Recommendations
11) Bibliography
INTRODUCTION
Agreements are formed in almost every communication; electronic, written or oral; daily. Once an agreement fulfills the components required of a contract, therein lies the existence of terms of a contract.
These terms depict an obligation between parties involved in the form of Express terms or Implied terms. Express terms are material terms stated by the parties involved, and can be interpreted in 3 ways; Oral, Written, Oral and Written.
Implied terms are terms normally not stated or not known by the parties, and may be derived from Custom/Usage, Court, or Statute. Custom terms are referenced to conventions or usages in a particular industry or trade. Court terms are adopted when an oversight of the parties occur, in order to give ‘business efficacy’ to the contract based on prior or past dealings. Statute terms are referred to the various states, territories and Commonwealth Trade Practices Act when the contract is formed.
When a sale of goods involving consumer and corporations, Trade Practices Act and the Goods Act ; statutes established by the Commonwealth and its State parliament; may be used to protect consumers from the conduct of these contracts. Act s.4B of TPA defines a ‘consumer’ as someone who acquires goods or services for less than $40,000. Act s.85(1) of Goods Act applies if goods are worth less than $20,000.
IMPLIED TERMS
The case of BROGDEN v METROPOLITAN RAILWAY illustrates one of the early cases of implied terms; in which the conduct of a party is sufficient for the courts to hold an implied terms judgement, despite a lack of an offer & acceptance. The unilaterally signed agreement was actually a counter-offer, despite there was no mutual agreement to the changes of terms by Brogden. But the courts held that the conduct of Metropolitan Railway as valid.
A simple illustration to determine if a term should be implied into a contract is in the case of SHIRLAW v SOUTHERN FOUNDRIES , where MacKinnon LJ quoted, “…in any contract is left to be implied and need not be expressed is something so obvious that it goes without saying…”.
Custom/Usage
In a particular industry, references as to what is ‘common practice’ or ‘usages’ of the companies are dictated by themselves and not by the courts. When they act upon a contract based on their trade understanding, certain standards exist. In the case of BRITISH CRANE HIRE CORP LTD v IPSWICH PLANT HIRE LTD , a hire form sent to hirer was merely to facilitate the formal procedures and understanding.
Homeostasis is the biological process that maintains a stable internal environment despite what occurs in the external environment. Chemicals and bodily functions are maintained in a balanced state so the body may function optimally. There are various systems in the human body that require maintenance through the processes of biochemical checks and balances so they may function properly. One of these systems includes the rise and fall of blood glucose and is under the control of the homeostatic regulation process. Homeostasis is essential in blood glucose regulation as high blood glucose levels (hyperglycaemia) and low blood glucose levels (hypoglycaemia) are dangerous and can affect the human body in many ways and can also lead
When the blood glucose is higher than the normal levels, this is known as diabetes disease. The body turns the food we eat into glucose or sugar and use it for energy. The insulin is a hormone created by the pancreas to help the glucose get into the cells. The sugar builds up in the blood because either the body doesn’t make enough insulin or can’t well use its own insulin (CDC, 2015). In the United States diabetes is known as the seventh leading cause of death. There are different types of diabetes. However, there are two main types of diabetes and these are; Diabetes type 1 and Diabetes type 2 (CDC, 2015).
The Federal definition of a “highly qualified teacher” requires the teacher to have certification for the State, having passed licensing exams. An elementary school teacher who is new to the field is required to have a minimum of a bachelor’s degree, has passed State testing, subject knowledge and skills in reading, writing mathematics and other areas of basic elementary school curriculum. A middle or secondary school teacher who is new to the field has the same requirements; however they must also demonstrate high levels of competency in each of the academic subjects they intend to teach. Academic standards have been established for each state. The idea is to prepare students for college and “the real world”. This also creates an accountability system that recognizes student growth and school progress (ESEA Reauthorization, 2010).
For as long as any American can remember, education has been a top priority of the majority of the population. The more schooling a child receives, the brighter their future becomes. Everyone wants their child to be successful in and out of the classroom, and the government has been working to make sure of this in schools nationwide. Over the years, a series of programs have been implemented to better the education of elementary and secondary students, including the No Child Left Behind Act, establishing guidelines and requirements that public schools are expected to follow and accomplish in order to provide a quality education to all of their students. But are these plans, policies, and promises working? Are the goals and objections being reached by each school as expected? Although some may argue that the No Child Left Behind Act has some positive aspects, overall, it is not working because some teachers have studied the outline of standardized tests, reworking their curriculums to teach students what they need to know in order to reach the required standards and students’ learning abilities, socioeconomic status’, and native languages are generalized into a single curriculum.
The state standards are in place for students from Kindergarten to 12th grade. They govern what students should know from one grade to the next. The State Board of Education decides on the essential knowledge and skills that each students should acquire. This is done with the participation of “educators, parents, business and industry representatives, and employers” (TX School Law Bulletin). The curriculum was adopted in the late 1990s with a foundation curriculum development, with subjects including: English, health education, physical education, fine arts, economics, technology application, career development, Spanish language arts and careers and technical development (Texas Education Agency, 2016). The state has managed to change the curriculum over time to keep up with changing trends in education through the use of legislative panels. These panels would explore what changes were needed to the standards and would make recommendations accordingly. However, one of the controversies associated with TEKS is that the changes made by recommendations from these panels often go into effect immediately. They can often significantly impact students that may already be struggling in one are or another (Supovits, 2009,
At a time of wide public concern about the state of education, the legislation sets in place requirements that reach into virtually every public school in America. The law emphasizes accountability, teacher quality, parent choice, improved teaching methods, and flexibility. (Correa) Strict requirements and deadlines have been set for states to expand the scope and frequency of student testing, revamp their accountability system and guarantee that every classroom is staffed by a ?highly qualified? teacher in his or her own subject area. (I ed) The plan also mandates annual student testing in reading and math by 2005, and requires all school districts to allow students in consistently low-performing schools to transfer to higher performing schools, at the districts expense. (Hull) From year to year, states are required to improve the quality of their schools. No Child Left Behind has expanded the federal ...
Service - By expanding the brand, Land Rover is offering an additional service that was not available previously. Even though customers could find this service elsewhere (Marlin Travel Agency, Flight Centre, etc.), Land Rover will be providing an additional service that is desired by customers.
No Child Left Behind (NCLB) created a national curriculum that would be taught in every school in America. The No Child Left Behind Act plays an enormous role in the education system. It touches on a broad variety of issues relating to public education, including the dispersal of federal funds and parental choice in the case of failing schools and for the learning disabled.
The NCLB Act was signed by former President George Bush in 2002, which was created to improve student and achievement gaps. In the article, “No Child Left behind and the Transformation of Federal Education Policy”, Patrick J. McGuinn exclaimed, “No Child Left behind is an attempt by the federal government to regulate educational policy in the 50 states” (Patrick McGuinn,2007, p. 370). It is also designed to make sure that all students can achieve high standards from all states which include students with disabilities. Before the NCLB was passed, students with disabilities were excluded from school assessments. Now that this act was ...
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
You’re coming back from a well needed break from school and you feel invigorated and ready to start. The first few weeks are the hardest to adjust to because your brain hasn’t been used throughout the break. The dilemma with breaks, such as summer break, is that one loses valuable information from past academic courses that are essential to ones progress towards higher education. Imagine a whole year without learning and then coming back to intense rigorous classes at a University. Seniors at high schools over the nation have the opportunity of taking a year off before committing to a college. This is known as a Gap Year; instead of directly enrolling into a University many students feel the need to take a break before starting their education towards their future career. Yes, a Gap Year does sound pleasing and beneficial, but in the long run it can be damaging towards ones future. Students should be aware of the ramification a Gap Year brings, such as, the possibility for enrolling in a graduate school is lower, academic growth is reduced, and social obstacles become present.
Implied terms – they are not expressed but they are adopted as “obvious” an individual must comply with (e.g) if buying a product and it is not in a good taste the consumer has the right to return it to the owner for exchange or refund.
And they develop a fuller sense of themselves, undefined by their friends, family, or culture.Gap year is, basically, a half-step out into the world and offers students an opportunity to understand that they can handle it just fine. It makes the later post college change from one thing to another less scarring. The gap year gives a student the opportunity to find out what they want to do do in life and gives them time to think about the major of their choices some students leave high school with one major and then take a gap year and come back with a different major. Gap Year graduates report that through the summary of their new experiences they were better able to identify universities that fit their personalities and career desires to do great things. Finally, while we don 't suggest this as a first or more important, many students do report that taking a Gap Year enabled them to get into better
According to “Facts About A Gap Year,” the definition of a gap year is “a break typically taken between high school and college that might include travel, work, study, volunteering, or research.” Several colleges encourage their admitted students to take a gap year before starting their freshman year. Done the right way, a gap year can help students excel, while if a student completely puts aside their responsibilities, it can plummet their success in college. Students who take a gap year after high school not only mature, but also are prepared for college and the rest of their lives.