Accountant's case Study Example | Topics and Well Written Essays - 1250 words

Accountant's - Case Study Example He was advised that it would be possible to have his existing machines upgraded so that they could perform more complicated programmes and decided to go ahead with this. In March Blake received a circular from Watt A. Racket plc, a company specialising in computer maintenance and upgrading of a variety of different computers including his Apropex X18s. This circular contained details of the cost of upgrading and at the bottom of the first page there was a picture of a small red hand together with the words "see last page" in feint black print. On the final page of this six page circular, in a central position, there was a box containing the following words:"The Company undertakes no responsibility of any kind for any loss damage, injury or depreciation in value arising (regardless of cause) during maintenance or upgrading operations. Customers are advised to take out independent insurance". Blake was impressed at the reasonable charges quoted and failed to notice this clause. He imme diately telephoned Racket plc and engaged their services to upgrade three computers. He was told that a confirmation of his order would be sent immediately. The confirmation, which Blake read, arrived the following day and stated that "All work is subject to conditions set out in the company's circular". When Racket plc came to collect the computers, one of them was dropped onto Blake's foot by a Racket employee. The second computer was destroyed by a fire at the warehouse, which was started inadvertently by another Racket employee, and the third computer was returned with an irreparable defect and cannot be used by Blake. According to general rules of contract law pertaining to offer, acceptance and consideration it can be said that if A makes a proposal to B it will be considered as an offer extended from A to B and if B says yes to the offer made by A then the offer will be considered as accepted. The offer will now be called as a Promise in contractual terms and 'A' will be called the 'promisor and 'B' who has accepted the offer/proposal will be called the 'promisee'. According to Atiyah,Essays on contract(1986) 'Consideration is the doctrine to establish which promises should be legally enforceable'. Also in 'Currie v. Misa(1875)L.R.10Ex.153,at p.162' Lush J. stated: A valuable consideration, in the sense of the law, may consist in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other. Every promise and every set of promises, forming the consideration for each other, is an agreement; and afterwards it culminates in to contract. Consent given should always be free consent in terms of that it should not have been obtained through any fraud, by employing coercion, exerting undue influence or through misrepresentation of facts. These basic rules of offer, acceptance and invitation to treat etc are amply illustrated in the cases 'Pharmaceutical Society of Great Britain v. Boots Cash Chemicals Ltd.(1952)2 Q.B.795' and 'Felthouse v. Bindley(1862)6L.T.157' and also in 'Fisher v. Bell (1961) 1Q.B. 394' The acceptance must assent unequivocally and without qualification to the terms of the offer. The acceptance may also be qualified by reference to the preparation of a more formal contract or by reference to terms, which have still to be negotiated. In this case as it appears on the face of it that Blake on the sending of circular by Watt A that can be taken as invitation to treat offered them to buy computers from them, that the company accepted subject to some terms and conditions. So broadly construing the terms of the contract it seems that they bind Blake. Especially in view of Thompson v. London, Midland and Scottish Ry. Co. [1930] 1

The War on Drugs and the War on Terrorism Research Paper

The War on Drugs and the War on Terrorism - Research Paper Example Some scholars perceive these two issues as results of poor leadership styles and poor leadership characters, suggesting eradication may be possible with quality and ideal leadership. This paper seeks to examine the war on terrorism and the war on drugs, as well as analyze the importance of leadership in avoiding these issues. Introduction Terrorism and drugs are among the social issues that negatively affects a nation and the universal society as a whole. The two issues destroy the pillars of the society, potentially destroying inter community and intra community relations. For several decades, the fight against these two issues has been of concern to media. This war on drugs and terrorism began actively in the twentieth century when the two issues began significantly affecting the societal setup in various communities (Richman, 2002). Some scholars perceive these two issues as results of poor leadership styles and poor leadership characters, suggesting eradication may be possible with quality and ideal leadership. Essentially, societal problems such as use of drugs within a community or involvement in terror attacks often occur because of poor leadership or the exclusion of these groups from leadership decisions. In societies experiencing terrorism and drug issues, the leaders of that society have the responsibilitie s to ensure that these issues diminish from these issues. The challenges facing these leaders including designing strategies, and implementing them, as well as enforcing them to advocate for drug and terrorism eradication from the society. Regardless of the capabilities of leaders, they need a team to lead a society against such wars. The problem is designing a team and administration that is competent enough (Schopp and Hill, 2009). Additionally, an effective communication system flowing mutually within the administration is a great challenge. Great leaders have strong personalities, policies, will, and vision that promote the general good of the society. The war on both drugs and terrorism is far from over, at least with the current leaders occupying the relevant offices that combat these issues. The purpose of this paper is to highlight the importance of leadership in the global society, especially on the war against terrorism and drugs. Drug Abuse History and Legislations Terrorism and drugs have been a persistent issue in countries all over the world, especially in Western nations such as the United States of America. The war on drugs, a term coined in 1971 by US President Richard Nixon, in the US is a controversial policy seeking to define and reduce illegal drug trade. At the frontline of the war are policies that discourage consumption, production, and distribution of illegal psychoactive drugs in the US and the rest of the world. In the early years of the twentieth century, most of the drug market was significantly unregulated. Medication remedies containing derivatives of heroin and cocaine were distributed freely without awareness or prescription, thus majority of consumers were unaware of the potent of the drugs (Lal, 2008). In 1886, the Supreme Court ruled against regulation of commerce by state governments, unfortunately leaving the skimpy federal government to enforce existing drug