International business law Essay Example | Topics and Well Written Essays - 1500 words

International business law - Essay Example A contract and an agreement do not have equal status in the eyes of the law because the former is used in a legal context whilst the other is normally employed in a generic, non-legal sense. A contract is a term used to refer to the coming together of the minds (in other words, an agreement) of two or more parties, the terms of which are binding upon them, and is enforceable in a court of law. It necessarily denotes accompanying obligations and duties of the parties. An agreement, on the other hand, is not legally enforceable and does not create binding obligations on the part of the parties.1 The word â€Å"contract† indicates a much deeper and broader implication than an agreement because of the requirement of certain essential and formal elements to constitute, features not required in an agreement. To legally constitute a contract, the elements of offer and acceptance, consideration, legality of subject, intention to create legal relations, form, and definite terms, among others, must be present.2 An agreement, which necessarily refers to offer and acceptance, is only a part of a contract, but does not make up all of it. An agreement does not need consideration, definite terms, relevant form, and an intention to create legal relations for its formation. ... Moreover, the implication of a contract’s legal enforceability is that whenever one of the parties to it have breached any of its terms, the other can seek recourse in a court of law to recover remedies in accordance with law. Thus, an injured party to a contract can apply for damages, discharge, specific performance, injunction, rescission and reformation.†4 Since agreements are not legally enforceable, the aforesaid remedies are not available to it. B. Kingsley Limited Paul’s dilemma falls into fitness of the goods for the purpose for which they were bought. This topic is dealt both by the Convention on International Sale of Goods (CISG hereinafter) and the Sales of Goods Act 1976 (SOGA hereinafter). The CISG, however, is applicable to contracts of sale of goods that take place internationally, or between a buyer and seller who live in different countries, which are contracting states of the Convention.5 The condition stated in the present problem does not seem to contemplate multi-jurisdictions, but is purely domestic, which makes the CISG inapplicable. Nonetheless, the relevant CISG is discussed without taking into consideration this particular aspect. Article 35(2) of the CISG enumerates the four specific instances when a seller delivers good, which do not conform to CISG. It is understood that non-conformity occurs under the following conditions: the goods are not fit for the purposes of their ordinary use; the goods do not fit the purpose made known to the seller by the buyer at the time the contract was concluded, except when the buyer did not rely, or it was not reasonable for him to rely, on the judgment or skill of the seller; the goods do not possess the qualities they are supposed to have as indicated by the seller, and; they are not adequately

Elder Abuse and Psychosocial Simulation Essay Example | Topics and Well Written Essays - 750 words

Elder Abuse and Psychosocial Simulation - Essay Example Afterwards the interviewer remains alert and moderate in asking questions (Knapp, 2007). In terms of non-verbal actions the interviewer applied broad leads, such as neutral expressions. The intention was to support continued talking by the patient. However, the interviewer placed less time on open body posture. In terms of making observations, the interviewee appeared tense, especially in what appears to be some biting of the teeth. Nevertheless, the interviewer showed interest in the patient issues and still managed to come across as relaxed, by attempting to shift her body posture to a small level. The interviewer was trying to display an interest in what the client was saying. Gestures in some instances became an issue due to misinterpretations arising from the two diverse cultures. In addition, voice also became an issue due to timing and tempo since in some instances, the interviewer pitch and inflection did not bring out an understanding (Wachtel & Wachtel, 2011). The interview er applied non-verbal actions such as open facial movements displaying empathy as a part of intentional efforts to communicate experiences of suffering. For instance, the use of verbalizing implied thoughts such as the interviewer voicing what the client appears to have fairly evidently implied, instead of what the client had really said (Wachtel & Wachtel, 2011). The intention was to make conscious of the unconscious (Quinn & Tomita, 2002). Secondly, the interviewer applied neutral responses, and this displayed some interest and involvement in what the client was saying. The exact use of silence and some cases voice-tone was meant to offer time for the patient to present thoughts and feelings into expressions. The silence enabled the patient to verbalize while regaining composure. The interviewer seemed a little bit nervous initially when the camera gear was being setup, and this then reflected on the client sense of edginess. This was evidence by overusing of reflection which then made the client a little bit annoyed when her own words and statements were being continually repeated. However, as the interviewer began conversing with the client, she got somewhat more comfortable as both of them established a good human connection. The interview began with a chatting session with the client prior to the camera rolling. The intention was to first gauge the client awareness of the questions and then let him think about any solicitous responses. The caregiver managed to leave the room after a couple of questions were asked and she felt reassured about the interview session. However, the caregiver seemed to possess more ability in encoding the client emotional outlay. In particular, she was able to accurately decode the client body movements and voice-tone cues. On the other hand, the client did not know how to make clear his feelings, and he seemed to hold back tears at times while pacing and fidgeting, maybe because he feared that he will be labeled crazy. In wra pping matters up, I provided cues to the client that the session was coming to an end before summarizing the key answers and then thanking the client for his time. The interviewer was fairly comfortable with the questions concerning abuse and neglect as she used extensively reflective listening, while reacting with affirmative proclamations.