Business Law - Questions Assignment Example | Topics and Well Written Essays - 750 words

Business Law - Questions - Assignment Example When an offer is made to the offeree, he can either accept or put down the offer made to him, if he accepts the offer, this means that the second element of the contract recognized as acceptance have been completed. If a contract has to be recognized as valid, it should contain the third element recognized as consideration. Consideration is the term assigned to a promise or a factor on which bargaining takes place, consideration is offered by the offerror and whether to accept the consideration or reject it or bargain on it is entirely in the hands of the offeree. Another important element of a contract is intention; the people involved in creation of a legal contract should have the intention of creating a legal contract and not just an agreement that has not been legally created. The last element of a contract is the certainty of the contract, this means that the contract should be concise and clear in nature so it can be enforced. Increase in the use of internet to conduct transac tion between the sellers and the buyers gave way for the creation of a distance contract. A distance contract is referred to a contract in which the buyer and the seller or the parties involved in the contract have never physically been in each other’s presence since the start of the contract till the end of the contract. For examples: a distance contract is created when parties are involved in selling and purchasing of goods and services over the internet through different means such as email, telephone calls and faxes. In this kind of contract, the seller or merchandiser is required to provide any information to the purchaser that might influence his purchasing decision, once the to be purchaser has accepted the information, the seller is required to provide the same details in written form, the merchandise has to be delivered to the purchaser within thirty days and if the purchaser wants he can cancel the contract with seven days of the date of delivery. For example, in Th ornton v. Shoe Parking case, the customer experienced injury in the parking area because of negligence caused by the defendant, the customer received the ticket of car parking after he had installed his money in the ticket machine, the terms and conditions that applied to the car parking area were stated on the ticket and the customer was not informed about the terms before he purchased the ticket, thus, the term of no exclusion of liability in case of personal injuries caused due to negligence was rejected as according to the distance contract, all information is to be provided before the purchase decision is made (Beale, 1990, p.337). Expressed terms refer to those stipulations and circumstances that are mentioned in the contact at the most specific level and are accepted by the parties involved in the creation of that particular contract, these terms can be in verbal, as well as written, form. For example, in the case of Bannerman V White, the purchaser had entered a contract wit h the seller on the terms that the hops he was purchasing were to be used to prepare beer and should not be treated with sulphur, the seller had assured him that they were not treated with sulphur, but they were actually treated with sulphur when the purchaser received them, thus, the seller was in breach of contract as the contract clearly stated that hops

Employing Strategy in a Competitive Environment Essay - 1

Employing Strategy in a Competitive Environment - Essay Example Campaigns for efficiency of national transport systems advocate for mass public means of transport as a preferred way of reducing losses and costs, posing a major threat to private transport services (Cooper, Mundy, & Nelson 2010). Unforeseen eventualities in the infrastructure and national and global economy continue to pose a threat to the transport since antiquity. Complex innovations across the infrastructure needs imply that a compromise calls for a great deal of investment to rectify the challenge. The level of damage that the multi-billion dollar industry suffers during eventualities is irreparable in the modern day, exposing the customers and the company to serious losses. As an illustration, the recent trends of extreme weather are serious challenges to the maintenance of the integrity of transport infrastructure such as roads, so the reliance on such transport services becomes risky in this era of efficient business practices (McSherry, 2002). In addition, the volatility of the global economy and the uncertainties it brings to corporate strategy options exposes the York Trans Rove to unpredictable market threats. Service and fleet portfolio at York Trans Rove elevates the company as a daring participant in the New York market, where many players would not find it easy to enter. Having entered the market as a small scale player and navigating through the competitive space with its current portfolio – these actions demonstrate resilience and conviction to market participation (Loh, 1997). In terms of this internal belief for undisputed possibilities, the company has established a strong foundation to challenge such giant players as Enterprise Rent-A-Car Corporation. The concept of operating as a small company focused only on growth prospects as opposed to a huge company considering downgrading operations under a particular pressure presents York Trans Rove with a