Law & Management Essay Example | Topics and Well Written Essays - 2000 words

Law & Management - Essay Example So, terms of the contract can be defined as the statements that administrate the requirements and rights of the parties to the agreement. Theses are elements that bind the accord and if infringed, legal action may result (Deakin & Markins 2008) Terms can be explicit or implied. Frustration of the contract is usually caused by reason like accidents, changes in statutes, health condition (illnesses) of one of the parties, interference from the third parties. Frustration of the contact is justification to non performance and automatically exonerates the accord with the exception of when the terms of the contact overrule this implied legitimate prerequisite. Nonetheless, frustration of contract cannot be cited as a reason for non performance in case the condition was predictable, and it's not applicable to some categories of contracts for instance insurance policies (Deakin & Markins 2008). Case Law- Harry should understand that he is already in a contract with Ian unless Ian has officially indicated that he does not want the motorcycle anymore. Implied contract is the agreement enforceable by statute and it's as a result of conduct, assumed intentions, or as a result of applying the law principles of equity. For instance, implied contract is when one willingly and knowingly accepts imbursement from another party in conditions where this benefit is clearly not a gift (Lunney & Oliphant 2003). Therefore having agreed to sell the motorcycle to Ian and later on planning to sell it to James is a breach of contract. Harry should find out from Ian if he is still interested in acquiring the motorcycle before making other plans for it. Tort of Negligence: is described as the breach of responsibility or one party failing to exercise the standard of care that is necessary by statute, causing damage to the other party to whom the responsibility was owed. Negligence has become the most essential of the Morden torts. This is because the reported cases of this kind are increasing very fast and due to the fact that the principle underlying it is of wide and general application (Deakin & Markins 2008) In tort law, one can be responsible for the damages caused if he/she owed the claimant duty of care. Duty of care is that legitimate responsibility that is obligatory to an individual or parties in question that demand them to adhere or comply with the standard of reasonable care whenever carrying duties or any activities that may predictably cause damage to others. In fact, this is usually the first element that has to be established for a claim for negligence can be filed (Deakin & Markins 2008) The claimant cannot claim that there is liability in law unless he/she is able to establish that he/she was owed the duty of care and that that duty owed was infringed. The defendant will have violated the duty towards the claimant if his/her conduct has fallen short what the standard care is as this is what was expected to be met in

Organize and discuss the elements and procedure for conducting a Essay

Organize and discuss the elements and procedure for conducting a research project - Essay Example From the conclusions, recommendations are made and a course of action is taken (Denscombe, 316). With matters dealing with criminal justice, the method is not much different. First, the issue has to be stated, then it is discussed, and conclusions are drawn. Where steps look like they may have been skipped, the research objectives are within the job description of solving crime, and methodology and data collection is done during the discussion of the issue if it has not been done already. The matter at hand for this discussion is that of charging children as adults for the crimes they commit. When children are charged as adults for crimes, it can leave a permanent mark on their record that they will never be able to outlive. It is believed by some that this method of criminal justice will serve as a warning to those who would otherwise do harm to others, saving untold numbers of people from harm and homicide. Others believe that the children who are sentenced to these kinds of charge s are from states of disenfranchisement, with matters only made worse by the fact that where they once did not believe they would overcome their situations, they are now supported in their own conclusions, guaranteeing them a life of less opportunity than those who may commit the same crimes, but do not suffer the same consequences as a result of the advocacy they receive from their community. In conducting researching for issues in the criminal justice system, the two most common methods are quantitative and qualitative (Maxfield; Babbie, 23). Quantitative analysis is that which deals with concrete facts, or quantities. The number of traffic citations a police officer gives would be quantitative as would his or her hours. Qualitative analysis is less concrete as it deals with areas that cannot be measured. Satisfaction from those who receive tickets with the demeanor of the ticketing officer would be qualitative. This, however, is not easy to determine as dissatisfied citizens are more likely to call in about an officer than those who had a pleasant experience. Countering this, though, is the common practice of placing cameras on vehicles, allowing supervisors to review their subordinates to ensure that proper procedure is followed. Another resource for qualitative analysis about an officer would be hours of community service, and recognition received as a result by way of certificates of appreciation or good press. When dealing with research of the topic at hand, quantitative analysis would pertain to the crime rate patterns of people within a certain age range. For instance, if gun crimes are on the rise for children ages 8-12 over the past five years in the state of Texas, then various courses of action will need to be considered after other quantitative research is conducted. For example, are the gun crimes related to gang violence? Are the children American citizens, or are they from South or Central America? If they are from Mexico, should they be prose cuted or deported? If they are deported, what is the likelihood of them returning and committing similar acts later? Qualitative research would look into other areas that include profiling to accompany the quantitative data that is gathered. Multi-cultural conflict models as well as psychological and personality studies may be formed in order to assist with the data collection (Pogrebin, 113). Quantitative resear