The following are issues that need to be addressed when advising Amy about Sleepy Hollow Nursing Home’s rights and liabilities. The first issue is whether or not Ben’s letter is an offer. “An offer is a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive”. If the offeree understands that the offeror intends to be bound by their proposal, if unequivocally accepted by said offeree, there is an offer. Bens letter contained a quote of $50,000 to do the job with all materials and paints included and he had previously visited the nursing home to give Amy advice about the job. These facts suggest that Ben communicated to the offeree effectively that he had the requisite intent to be bound by these terms if Amy accepted. Therefore, Ben’s letter is an offer. The second issue is whether or not Amy’s withdrawal of acceptance in relation to Ben’s offer was valid. Where an offeree accepts an offer via letter, he/she can withdraw that acceptance through a faster method of communication before the letter is received by the offeror. Amy withdrew her acceptance by telephoning Ben the day before he received the letter. This was a speedier method of communication. In Dunmore v Alexander, an acceptance letter was sent. Later, a letter retracting the acceptance was sent. Both letters reached the destination at the same time. It was found that there was no contract because the retraction letter was quicker. Although this is so, the postal acceptance rule is that the offeree has made a complete acceptance as soon as he/she posts the letter. Due to this, some argue that a later rejection of this offer is ineffective regardless of whether or not the offeror receives... ... middle of paper ... ...uarie University, above n 3. Patterson v Dolman (1908) 14 ALR 240. Masters v Cameron (1954) 91 CLR 353, 360. (First category). John Gooley, Peter Radan and Ilija Vickovich, Principles of Australian Contract Law (Lexis Nexis Butterworths, 3rd ed, 2014) 89 [5.29]. (2011) 275 LSJS 635. Ibid. Masters v Cameron (1954) 91 CLR 353, 360. (Third category). Gooley, Radan and Vickovich, above n 25 [5.32]. Macquarie University, above n 1, [5]. Masters v Cameron (1954) 91 CLR 353, 360. (First category). Wigan v Edwards (1973) 1 ALR 497, 512. Macquarie University, above n 3, [6]. (1809) 170 ER 1168. Ibid. Ibid. Ibid. Ibid. Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB (23 November 1989) 1. Ibid. Ibid 15-6. Ibid. (1994) 34 NSWLR 723, 741-7. Ibid. Ibid. Ibid. (1994) 34 NSWLR 723. (2007) 232 CLR 562. Ibid 576-7.
If an offeror makes an offer to an offeree by letter and it is lost in the mail, no legally sufficient offer has been made.
Equuscorp Pty Ltd v Haxton; Equuscorp Pty Ltd v Bassat; Equuscorp Pty Ltd v Cunningham's Warehouse Sales Pty Ltd (2012) 246 CLR 498
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
Expect the best, prepare for the worst and capitalize on what comes (Zig Ziglar). The demand for talented, educated and experienced nursing home administrators is increasing, and filling this demand is becoming more challenging. In this paper, the qualifications, responsibilities, and duties of a nursing home administrator, professional staff, nonlicensed staff, and consultants will be identified. We will explore trends that are likely to affect assisted living in the future. We also will explore new changes in regulation related to the F490, the Facility assessment and how it will impact the role of the administrator.
However, it is recommended that before such a decision is taken, the resident or their family members should consult a nursing home abuse lawyer to determine the best possible course of action. Nursing home abuse attorneys will most likely tell you that in order for a successful legal action, the resident may have to prove that there was an actual violation of their right. In other words, the resident must show that they were owed a duty of care which the defendant or defendants did not fulfill; that there was a breach of duty by the nursing home staff; that the breach of duty resulted in harm or loss to the resident either in the form of injury, damage or death; and that the resident sustained such an injury, damage or death because of this breach. While there is no doubt that many nursing home residents are abused and neglected, it is important to consult a Palatka nursing home abuse lawyer to ensure that this evidence is presented to the courts properly. Using the services of a nursing home abuse attorney will increase the chances of a positive outcome for the resident.
Taking care of the individuals that are getting older takes many different needs. Most of these needs cannot be given from the help of a family. This causes the need of having to put your love one into a home and causing for the worry of how they will be treated. It is important for the family and also the soon to be client to feel at home in their new environment. This has been an issue with the care being provided for each individual, which has lead to the need of making sure individuals have their own health care plan.
Alzheimer’s is a form of dementia that affects the brain. There is no cure for it but many treatments. Alzheimer’s is fatal and there are few stages of dementia. It is the 6th leading cause of death, more than 5 million Americans have it, and 15,5 million caregivers gave around 17.7 billion hours of unpaid care that cost around $220 billion in 2013. In my family, my grandmother who is 86 years old has very early stages of Alzheimer’s. She started having symptoms when she was 81. My grandfather took most of the care of her but as he got ill my aunt Kathy took over. When my grandfather got ill and had to be in 24 hour care, we all agree to put my grandmother in assisted living care 10 minutes from one of my aunt’s house.
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.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
“The case of Carlill V carbolic Smokeball Company is considered a land mark in the English Law of contracts.”
In Krell v. Henry {1903} a plea of frustration succeeded because the court held that the common purpose for which the contact was entered into, could no longer be carried out. But in the same year for similar set of facts, the Court of Appeal decided in Herne Bay v. Hutton [1903] that the contract had not been frustrated because the "common formation of the contract" had not changed. It clearly was a policy decision which shows the reluctance of the courts to provide an escape route for a party for whom the contract ha...
Hird and Blair, ‘Minding your own business – Williams v Roffey revisited: Consideration reconsidered’ [1996] JBL 254
Since Carlill V Carbolic, acceptance has developed and can be achieved in various ways: in writing, oral or it may be inferred by conduct (lisa sturgreon). This requirement of complete performance was emphasised in Daulia V Four Millbank Nominees Ltd [1978] where Goff LJ stated: ‘I think the true view of a unilateral contract must in general be that the offeror is entitled to require full performance of the condition he has imposed and short of that he is not bound’ (see more Paul Richards). Furthermore, there is no need to give advance notice of such acceptance to the
According to the case study, Nathan had newly arrived in the country and holds a refugee visa. He wasn’t aware of what a contract is and the main general issue arouse in the beginning was that he hardly understands English. As he was new in the country and was looking for a telephone to get connected to his family back overseas, he thought this would be a great opportunity and that is what made him indulge in the contract. Furthermore Nathan was not fully guided by John about what is a contract and while briefing him about the contract. John knew that Nathan was unable to understand clearly what he was offering to him. In order to reach the conclusion and sort out the legal issues the knowing of Australian legal system is must. The legal system of Australia consists of Sources that are parliament and Judges which is subdivded into federal or state and common law or equity. What is a contract Law ?{ Contract law is a branch of “Private Law” and “Civil Law” defining private law completely refers to the relationship between people and Public law is dealing with persons and organization. It distinguishes itself from Criminal Law as in contract there is compensation involve in essence of claim unlike the punishment for wrongdoing in Criminal Law. In a contract generally one party sues other party for compensation. The most important and relevant Legislation is trade practices Act1974 that are concerned in contractual matters. The legislation states some amount of monetary restriction in order to apply. It differs in different states for e.g. In NSW the amount is $75000 (District Court Act 1973ss 4 and 44(i)(d) and (e) ). But in South Australia its $40000 (Magistrates Court Act 1991 s8). } Damiel Khoury, Understanding...
2014). Moreover, binding contract is made at the time and place when the letter of acceptance is posted. In the case of Adams v Lindsell (1818) 106 ER where Lindsell wrote to Adam offering him some wool and asked him to reply by post too. However, Lindsell’s letter was delayed in the post. The day Adam received the letter, he immediately replied with an acceptance letter but before it could reach Lindsell, she had sold the wool to other party. This leads Adam to sue Lindsell for breaching of contract. The court is on Adam’s side as there was an agreement made the moment he posted the acceptance letter to Lindsell (the postal acceptance rule). Moreover, Lindsell cannot argue the mode of acceptance used by Adam as she was the one asking him to do