Contract Law Assignment Example | Topics and Well Written Essays - 2500 words

Contract Law - Assignment Example This case study presents the principle that sellers are not making a valid offer to customers, and that customers who bring goods to the counter are not making an acceptance, therefore a contract is not formed. This principle is further illustrated in the case of Fisher v. Bell 1 QB 394. This case notes that the shopkeeper is not making an offer, but the customer who presents the item to the cashier is making an offer to buy. When the cashier takes the customer's money, the cashier is, in effect, accepting the customer's offer to buy the good. Partridge v. Crittenden 1 WLR 1204 is another case illustrating this point, and this court held that offering birds for sale cannot be a valid offer, as the storekeeper might not actually own the birds, therefore he cannot be contractually bound to sell them. There also must be mutual assent to the contract, and this is known as the â€Å"mirror image rule.† This means that the acceptance must mirror the offer exactly. If the acceptance deviates from the terms of the offer, then the acceptance is deemed a counteroffer, in which case the original offeror is in the position to be the acceptee. Moreover, the agreement must be certain and enforceable, which means that the terms must be ascertainable by either consulting reasonable standards or have objective terms which can be enforced. For instance, in the case of Scammell and Nephew Ltd v Ouston 1 AC 251, the court held that an agreement to buy a new van â€Å"on hire purchase terms† was too vague to be enforceable. ... If the acceptance deviates from the terms of the offer, then the acceptance is deemed a counteroffer, in which case the original offeror is in the position to be the acceptee (Restatement 2d Contracts  §59a). Moreover, the agreement must be certain and enforceable, which means that the terms must be ascertainable by either consulting reasonable standards or have objective terms which can be enforced. For instance, in the case of Scammell and Nephew Ltd v Ouston [1941] 1 AC 251, the court held that an agreement to buy a new van â€Å"on hire purchase terms† was too vague to be enforceable. In this case, there was no way of measuring the hire purchase terms, as the contract did not indicate whether the terms were to be reasonable, nor did it list a price. The court must have a way to determine what the parties intended, and this goes to the element of certainty and enforceability. Contract law traditionally required privity of contract – this means that the contract is only between the contractees, and any third party beneficiary to the contract would not have the capability of enforcing the contract. The Contracts Act 1999 changed this, as it specifically allows a third party to sue if the contract benefits the third party, and there is not a stipulation that the third party does not have the ability to enforce the contract (Contracts Act 1999). Therefore, a third party can sue to enforce the contract, which is an evolution from the common law rule regarding contract privity. Effects of Part II of the Housing Grants, Reconstruction and Regeneration Act 1996 This part of the Housing Grants, Reconstruction and Regeneration Act 1996 (HGRRA)

Hitler and Germany Term Paper Example | Topics and Well Written Essays - 1000 words

Hitler and Germany - Term Paper Example During the World War II, the young scientist served in British intelligence. As soon as the war ended, he was delegated to Berlin. It was Trevor-Roper, who was appointed as the head of the British commission, investigating the circumstances of the death of Hitler. As the result of this work, he published a range of the authoritative studies of the Nazi Germany, among which was Hitler’s Table Talk, 1941-1944. According to Trevor-Roper’s edition, Hitler covered a range of questions and issues that, to his opinion, were crucial for the Nazi Germany, its supremacy in the world, and justification of the regime. The current essay will discuss one of these topics: the status of religion, particularly Christianity, according to Nazi leader and Nazi regime. Christianity was in the deep conflict with the racist ideology of Nazism. It is clearly illustrated by the religious beliefs of Hitler. He was born in the Catholic family, but idealized antiquity. The leader of Nazi rejected the Christian religion for the following reasons: Christianity protected the weak and downtrodden; Christianity had Jewish roots; forces people to bend by the sound of church bells; the first Christians were sick, exhausted, and desperate people (Trevor-Roper 78); the Christian dogma of forgiveness of sin, resurrection, and salvation seemed utterly absurd to the Nazi; Christian compassion was unworthy and harmful to the ideology of the strength of spirit (Trevor-Roper 397); the Christian idea of love to the neighbor was not relevant for Nazi ideology, because it paralyzed man; the Christian idea of equality protected the racially inferior and weak people that were unwanted in Nazi opinion. Initially, the Nazi party program contained a grain of Christian ideas. H owever, Christian commandments could not get along in one party program with strict racist principles. Soon, the religious values had been completely suppressed by the revived Nordic values and the idea of super-human. When