Wednesday, February 26, 2020

Law of Contract, Case Law Essay Example | Topics and Well Written Essays - 2000 words

Law of Contract, Case Law - Essay Example Mutual assent is manifested in an offer, acceptance, and consideration. An offer is an indication by one party, offeror of a willingness to enter into a contract with another party, offered on some specific terms. A valid offer creates a power exclusively in the hands of the offeree such that all that is needed to form a contract is acceptance. If one or more of the terms are missing from the offer, a court may supply those terms. Acceptance is an unequivocal indication that the offeree agrees. nothing. The scope of Consideration arises from when a person makes promise to another; he does so with the intention of deriving some advantage which the person to whom the proposal is made is capable of conferring upon him. In this sense we can define consideration as a legal detriment bargained for in exchange, i.e. agreeing to do something which you have no legal obligation to do or agreeing not to do something which you have a legal right to do. In Currie Vs Misa (2)the term consideration defined as " a valuable consideration in the eye of law may consist either in some right, Interest, profit or benefit accruing, to the one party ,or some forbearance, and detriment, loss or responsibility given, suffered, or undertaken by the other." In Dunlop v Selfridge (3) the consideration is defined as "an act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable." From all these definitions and explanations of consideration it is apparent that an act without consideration is not legally binding; it is a so-called naked act, which does not give rise to a right of action.There exist some rules governing the Consideration. 1. If one party voluntarily performs an act, and the other party then makes a promise, the consideration for the promise is said to be in the past. The rule is that past consideration is no consideration, so it is not valid and cannot be used to sue on a contract. 2. Consideration must be sufficient but need not be adequate. ----------------------------------------------------------------------------------------------------------- 2. Currie Vs Misa 1875 LR 10 Ex. 153 3. Dunlop v Selfridge 1915 AC 847 3 3. The person who wishes to enforce the contract must show that they provided consideration; it is not enough to show

Monday, February 10, 2020

Behaviour for Learning Essay Example | Topics and Well Written Essays - 1750 words

Behaviour for Learning - Essay Example Autistic children also have problems in communication. These are as follows: 1. Two – way communication process. These people find it difficult to express their language to others. 2. They also have problems in receptive language. In other words, these people cannot understand what others say to them. 3. These people also have problems understanding non – verbal communication like body language and facial expressions An autistic child also has problems in dealing with social situations due to the problems faced in communication. Social situations may be extremely stressful and demanding for these children as they find it difficult to communicate with other people. Such people may not even understand the general social rules that govern the social situation. For example, they may not understand how close one needs to stand in front of another person in order to communicate. Children may find it extremely daunting especially if they are in an unfamiliar or new situation. There may be some who may avoid contact with others due to these difficulties. Participant description: A thirteen year old autistic boy is having problems in behavior and learning. He is currently working on P levels in autism. He exhibits tantrums, screams, mouths objects, non – compliance, grinds his teeth, rocks, throws objects, spits and bolts. His tantrums usually last for about 20 – 30 minutes and repeats this at least 4 – 5 times a day. The thirteen year old scored a rating of 49 on the Childhood Autism Rating Scale which puts him in the severely autistic range. This boy was sent to a special school wherein he learnt the functional use of five American Sign Language signs. However he did not learn any other communication skills including gestures. The Children Act and its aims: The Children Act 2004 (the Act) provides the legislative spine on which Every Child Matters. It aims to promote early intervention, integrate and improve children's services, prov ide strong leadership and bring together different professionals in multi-disciplinary teams in order achieve positive outcomes for children and young people and their families. Five key outcomes for children and young people are emphasized in the Act and Change programme. The act aims to attain, 'being healthy, staying safe, enjoying and achieving, making a positive contribution and achieving economic well-being'. (Surrey County Council, 2011). Behavioral and communication strategies: For autistic children and adolescents IQ and speech level is not questioned. However, many studies suggest that outcomes can be affected by intervention. Intensive behavioral intervention program is very effective in getting better results out of autistic people. An important component of prognosis is the type of intervention used for achieving desirable outcomes. The intervention also depends on the clinical traits and attributes of an autistic child and the best outcomes are derived from children ha ving high cognitive levels. Intervention is administered via multidisciplinary, comprehensive approaches that may include speech therapy, psychotherapy, educational sessions and psychomotor rehabilitation. Approaches are eclectic and vary considerably across individuals. Speech levels and autism severity are widely acknowledged as two of the prognosis factors irrespective of the methodology used. A predictive factor of outcomes is the presence or absence of speech in an autistic child. Higher level of autism is also responsible for