Estoppel in the Contract Law Case Study Example | Topics and Well Written Essays - 2000 words

Estoppel in the Contract Law - Case Study Example The principle of promissory estoppel is that if someone makes a promise, which another person acts on, the promisor is estopped from going back on the promise, even though the promise does not provide consideration. This modern doctrine of promissory estoppel is based on the dicta of Denning J. In Central London Property Trust Ltd V. High Trees House Ltd ( 1949) 1 KB 130 and also on the decision of the House of Lords in Tool Metal Manufacturing Co Ltd V. Tungsten Electric Co Ltd (1955) 1 WLR 761. This doctrine can be traced to Hughes V. Metropolitan Railway (1877) 2 APP CAS 437. The requirements of promissory estoppel are: 1. Contractual/Legal Relationship. There should be a contractual or legal relationship. 2. Promise. In addition, there should be a clear and unambiguous statement by the promisor that his strict legal rights will not be enforced, i.e. one party must make a promise which is to be binding. The Scaptrade [1983] QB 529. However, it can be implied or made by conduct as in the Hughes Case (1877). 3. Reliance. Further, there should be reliance on the part of the promisee, i.e. he should have acted on the reliance of the promise. Lord J Denning ruled that it was sufficient if the debtor acted on the promise by paying a lower sum. In this connection he also said, â€Å"he must have been led to act differently from what he otherwise would have done.† (Lord Denning, Alan Co Ltd V. El Nasr Export & Import Co (1972) 2 QB 189). 4. Inequitable to Revert. It is deemed unfair if the promisor goes back on his promise and reverts to his strict legal rights. A promise obtained by improper pressure can be broken. The sequel serves to illustrate the foregoing, D&C Builders, a small building company, had completed some work for Mrs Rees amounting to482. D&C Builders being in severe financial difficulties was continually, pressing for payment. Finally, Mrs Rees told the company that she would pay them only 300 as full settlement or else nothing. She took this stance after coming to know of the financial difficulties being envisaged by the company. The company reluctantly accepted this amount and subsequently sued Mrs Rees for the balance amount. The Court of Appeal held that the company was entitled to succeed. In his judgment, Lord Denning was of the view that it was not inequitable for the creditors to go back on their word and claim the balance as the debtor had acted inequitably by exerting improper pressure. (D & C Builders v Rees (1965) 2 QB 617). 5. Shield or Sword. In Coombe V. Coombe (1931) 2 KB 250, it was observed that this doctrine may raised for defence purposes and not as the basis of a case, in other words it can be used "as a shield and not as a sword." 6. Extinctive or Suspensive of Rights. Another question raised by this doctrine is whether; it extinguishes rights or suspends them. The concerned authorities are in favour of suspending the rights, which can be revived by giving reasonable notice or by changing conditions. In Tool Metal Manufacturing Co Ltd v Tungsten Electric Co Ltd [1955] 1 WLR 761 - Patent owners promised to suspend periodic payments of compensation due to them from manufacturers from the outbreak of war. It was held by the House of Lords that the promise was binding during the period of

Abortion is Bad :: essays research papers

Do you consider something with a beating heart a living creature? A babies heart forms and starts beating in the fifth week of pregnancy, therefor, that would make abortion murder. The baby that is growing inside of you is depending on you, so when you make the choice to end that life, you are making the choice to murder another person. Someone that believes in the pro-choice theory would say that the decision is up to the woman, but the person with the pro-life theory would say that it is murder no matter what the situation. Would you consider it murder to kill a baby the day after it is born? Then why would it not be murder to kill it before it is born? â€Å"If it is impossible to abort a baby in the ninth month, then what makes it ok to do in the fifth or sixth month.† (Carl Sagan & Ann Druyan). Many abortions are perormed each year in the United States. 75% of all abortions in the U.S. are performed on women over 20 years of age, but the lawmakers try to concentrate on the 186,000 teens that have an abortion each year. In 1990, there were nearly 400 abortion bills were introduced to 41 legislatures. So far, as many as 20 states have passed laws that requires a teenager to have a parents consent before having an abortion. This may help reduce the number of abortions each year, the people that passed these bills feel that maybe the parents will feel differently about the situation and be able to talk their child out of it. 20% of teens that are sexually active do not use any form of birth control, these are the teens that end up getting pregnant and getting an abortion. If these girls would use some kind of contraceptive it could stop a lot of the abortions performed each year. If you think about it, it is so much easier to take a pill then it is to be pregnant and have to de cide on the life of another person. When you feel that you are responsible enough to participate in sexual activity, you should also feel that you a resonsible enough to deal with the consequences that follow. Abortions are considered â€Å"the easy was out.† I feel that abortions are just selfish. There is no easy way out. I could not imagine living with the guilt of taking anothers life, especially the life of something that I created, and that is dependant of me.

Introduction to Communication in Health and Social Care

SHC 21: Introduction to communication in health, social care or children’s and young people’s settings 1. Understand why communication is important in the work setting 1. 1 People communicate by many ways including non-verbal highlighting facial expression, eye contact, body language, physical gestures such as touch, dress and behavior, along with verbal including tone and pitch of voice. The age and knowledge of a person one is communicating with, also dictates somewhat the amount of vocabulary i. words and terms used too . People communicate to share ideas, information, educate, build relationships, express feelings and emotions, to be social, ask questions and expand their knowledge and share different experiences. 1. 2 Effective communication affects all aspects of work. Talking to a child, parent, work colleague, friend or boss, takes on a variety of different levels of communication. Maybe more smiles are given when talking to a child rather than to a boss figure. Also read: How and When to Seek Advice About Communication Introduction to Communication in Health and Social CareHaving a good understanding of effective communication in the work place, can help avoid misinterpretation and misunderstandings especially important in ensuing a safe work place. Talking and listening to work colleagues, children and parents builds professional and personal relationships, helping establish trust between all parties. 1. 3 Observing reactions when communicating with people are especially important to ensure understanding on both parties. Maybe you have acknowledged that they may not be feeling well, are feeling sad or are excited about something through their body language.Reading someone’s expression can tell you a lot about the mood the person is in. Avoiding eye contact, can also indicate that the person feels uneasy. If someone is angry, they may need time to calm down, acknowledging peoples actions and reactions can help lift or diffuse a situa tion. It is not advisable to continue to verbally talk to someone from a different country who does not understand you, maybe you can seek the help of a translator to help communicate or use picture cards. If someone has limited hearing and sight, nsure you’re not in a dimly lit room and use visual aids in bigger print to help the person understand what your communicating to them. Being able to recognize the ways in people communicate even without words is important to understand and be aware of. 2. Be able to meet the communication and language needs, wishes and preferences of the individuals 2. 1. To find out an individual’s communication and language needs, wishes and preferences there are many ways to find out this information, it could be from the individual themselves, from a parent, teacher, friend of the individual or their carer.There may be care notes, medical notes or documents from authorities which you can access to obtain this information if no rules of c onfidentiality are broken, so you can see how they’re being managed, ways of communicating that helps and any progresses that have been made. Some preferences may also be based on the individuals beliefs, values or culture. It is important not to judge people for they may resist communication for fear of being judged or reprimanded. Offer reassurance about confidentiality and explain what this means. Also make sure the setting is fit for purpose, privacy is important.The individual and care worker should not hold a personal and private discussion in a room full of people, whereby the conversation could be overheard. 2. 2 Demonstrate communication methods that meet the individuals needs wishes and preferences could include using a louder pitch in voice when talking to someone who has hard of hearing and ensuring there is no background distractive noise. If someone has difficulty reading, audio books can help. If an individual has dyslexia, then reading the information out loud to them, can help them better understand .A child having difficulty in remembering, may find a tape or video recorder a great assistive technology aid. A wheelchair user can talk to people at eye level if the unaided person sits down on a chair making both feel more comfortable when having a conversation and if a person cannot communicate properly via a disability, flash/need cards can be designed, allowing the person to choose which card they would like, ie TV, cup of tea, book, food or toilet. In the case of a foreign language being spoken, the help of a translator or interpretation service can assist. 2. You can show how and when to seek advice about communication if you feel unsure about something, maybe a physical incident may have taken place which worried you, maybe something was thrown at you. Sometimes complex cases need extra assistance and help can be sought by talking to your peers, line managers, the individuals carer. A line manager or supervisor can help advise on sp ecialist organisations who offer expert advice and services, as it is best not to think or second guess that you can manage the situation by yourself especially if you do not have the necessary skill set to deal with certain communication problems.Professional duty to ensure individuals receive the very best care and support is essential to provide the best service you can for them. 3. Be able to reduce barriers to communicate 3. 1 There are many barriers to communicate both visible and invisible. One of the most common starts with oneself. One must make sure that the language used is one that the individual can understand. It is no use talking to someone about abbreviations, slang or acronyms when shortcutting talk, is not commonly used by the person you’re speaking to, ie they’re not in the circle/workplace which those shortcuts/terms are commonly used.Individuals may not clearly understand what you are saying to them if those terms are used. If someone is hard of he aring then calling them on a telephone would not be recommended unless they had specialist equipment dedicated to improve the quality of the call so they could hear you properly. If someone comes from a different country, then language can present barriers too. Other barriers could include: emotional distress, health issues, cultural differences and environmental problems 3. 2 Demonstrate how to reduce barriers to communication in different ways.One of the most important factors would include making the other person feel at ease and comfortable with you. They should feel happy and safe in your company. Use friendly facial expressions, be encouraging and actively listen and acknowledge what they’re saying to you. Speak clearly and not too fast. Remove any distractions such as background noise and make sure any hearing aids an individual has, is working correctly. Use non-verbal methods to communicate interest, sympathy or understanding.Repeat things when necessary and make sur e the physical environment is ideally suited to the individual especially if they have a physical disability, where being confined to a wheelchair makes it impossible to meet you on the 1st floor if there is no lift in the building. 3. 3 The ways to check that communication has been understood could include a recap of the conversation so that the messages discussed are re-confirmed and agreed by both parties. If communication has not been understood then going over what was said is essential and maybe in a different way to ensure agreement and understanding is reached.Summaries , clarity and agreements between both parties should ensure effective communication has been understood. 3. 4 Identifying sources of information and support or services to enable more effective communication can be sourced from a variety of organisations and experts. For example someone who is blind or going blind, may benefit from learning about the national charity, RNIB Royal National Institute of Blind Pe ople. A telephone number can be offered to the individual so they can make contact with the charity. Someone who is experiencing hearing loss, could contact Action on Hearing Loss and learn lip leading.Elderly could make contact with Age UK. The internet is a great source of information along with local library, community centers and workplace. Condition specific organisations including Cystic Fibrosis, Cancer Research and the Stoke Association allow people to access their services for further information and understanding. Translator (changing written text into another language ) or interpretation services ( converting spoken language into another) can also assist along with advocacy services for people who find it difficult to speak up for themselves, including GOV.UK website, Action for Advocacy website,The Independent Complaints Advocacy Service (ICAS) and Diabetes UK advocacy service 4 Be able to apply principles and practices relating to confidentiality at work 4. 1 The term c onfidentiality means a set of rules or a promise that limits access to, or places restrictions upon, certain types of information. One cannot discuss a person’s private conversation, make comment about them to another person or pass over their documents to someone whom has no immediate need for this information. You cannot divulge their details to other people without their consent first. . 2 Confidentially can be demonstrated in day to day communication in line with agreed ways of working by the following: †¢ If a medical emergency takes place, the paramedics, doctors may need access to the patients medical history notes. †¢ If someone moves care homes, then the new home would need the individuals private papers from the previous home †¢ If someone was critically ill, information about their health would be passed to their next of kin †¢ Organisations have their own policies and procedures showing circumstances in which information can be disclosed.These can usually be located within the HR Dept. 4. 3 Information might need to be passed on in the following circumstances : †¢ Court hearing †¢ Hearing, learning about or seeing abuse of children or elderly adults †¢ Community protection and public health (Alerting the authorities if you’re aware and know about a potential outbreak of a virus/disease) †¢ Suicide attempt, by contacting a relevant body ie Police †¢ Risk to the individual or risk at others nearby the individual 4. One may need to seek advice about confidentiality and if it should be maintained, if one is uncertain about the next steps, has concerns or been informed of something by the individual including that they are fearful of a situation, by talking it through with the manager, they can offer advice and expert information in how to deal with certain circumstances. Also by referring to the companies policy and procedural guidelines, which would cover: data protection act, code of practice , freedom of information act, general right of access and whistle blowing.

Should Prostitution be Legalized in the United States...

Prostitution is the provision of sexual services for negotiated payments between consenting adults. So defined, prostitution is a service industry like any other in which people exchange skills for money or other rewards. Johnson has defined prostitution as â€Å"the act of offering oneself for hire to engage in sexual relations† (Johnson 717). In addition, according to Ariza Ahmed, Prostitution may be the worlds oldest profession (Ariza 1). Prostitution occurs in a variety of forms, two examples are street prostitution where it is more common to see, and also in escort prostitution where the act may take place at the clients residence, hotel room or private clubs. Although, generally the majority of prostitutes usually are female with male†¦show more content†¦According to Seidenberg, â€Å"the selling and/or buying sex has been alternately illegal, regulated and forbidden, such as; the U.S federal law against prostitution was the Page Act of 1975† (Seidenberg ). As well, prostitutes are ever seen for the ability to give good times by providing sexual services for money or gifts. To recap, prostitutes used to be women selling their bodies for money, but today there are men prostitutes selling their bodies too for many reasons. Not only money, but also drugs are a common currency for prostitutes. In addition, this service industry brings bad consequences to society in the United States, such as, economic, health and social issues. First of all, one of the negative consequences of prostitution is the economic issue involved in this trade. The salaries and payments of prostitutes vary according to the economic conditions of their respective places of work, environment and style. Usually prostitutes who have alien clients, such as business travelers and tourists, obtain good rates of payments for their services. Barry explains that in the United States the payments of a prostitute may change according to regulations made by places as brothel keepers, madams, and procurers who usually take a slice out of a prostitutes income (Barry 1). Also, prices may further depend on demand, and popular, high-end prostitutes can earn significant amounts of money for their business bringing down the economicShow MoreRelatedProstitution Should Be Legalized Within The United States1602 Words   |  7 PagesKnown globally as â€Å"The world’s oldest profession†, a prostitute can give you quite the bang for your buck! Prostitution should be legalized within the United States of America for numerous reasons, some of which including decrease in rape and diseases, adding a nice little boost to our economy, and generally reducing violence against women of the night. Even though prostitution can be very dangerous, many women choose that path. If you re strapped for cash and don’t have many options don’t worryRead MoreShould Prostitution be Legalized in the United States? Essay1984 Words   |  8 PagesProstitution is an issue that has been debated in many countries. 22 countries have legalized prostitution. In the United States, prostitution is only legal in 11 rural counties in Nevada. It used to be legal in Rhode Island due to a loophole, but since 2009, it has been illegal 1. Women are not the only ones who are prostitutes, about 20 to 30% of prostitutes are male 2, which means both genders are affected by laws against prostitution. Men and women should be allowed to choose how they want toRead MoreShould Prostitution Be Legalized?1406 Words   |  6 PagesProstitution is one of the largest controversial issue facing the United States. The definition of prostitution, according to Merriam-Webster’s Dictionary, is the act or practice of engaging in sexual relations especially for the money. 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It used to be legal in Rhode Island due to a loophole, but since 2009, it has been illegal. Women are not the only ones who are prostitutes, about 20 to 30% of prostitutes are male, which means both genders are affected by laws against prostitution. Men and women should be allowed to choose how they want to useRead More Prostitution Should Be Legalized in Our Society1260 Words   |  5 PagesHow about prostitute? Although some people might think that prostitution is dirty job, prostitution is also one of the important job s which are composing our society. Devaluation on prostitute recognition should be changed. This essay deals with reasons why prostitution should be allowed and what are the advantages of prostitution. First reason that prostitution should be legalized is for women’s right. As upper mentioned, prostitution is a kind of occupations. According to research among the womenRead MoreShould Prostitution Be Legalized?1663 Words   |  7 PagesDecriminalizing prostitution in the United States will be a hazard to the nation. Prostitution has been often called one of the oldest jobs in the world. However, it has been illegal in nearly all societies throughout history. Currently, there have been various countries where prostitution has been legalized by the government, allowing people over eighteen year olds to work as prostitutes legally. Nonetheless, those countries have had several negative effects following the legalization of prostitution. Nevertheless