Contract law problem question Essay Example | Topics and Well Written Essays - 2000 words

Contract law problem question - Essay Example esented we find that, subject to certain reservations, there are areas and actions taken before and within the original arrangement, which could enable Jack to defeat the banks proposed action. Is it possible for a person who offers his property, as securities to a bank against funds lent to a third party, escape the consequences of that contract should the repayments not be met? And under what circumstances it is possible that a joint and several liability clauses not be enforceable? These questions have been the subject of a number of court cases over the past few years and the judgment in some cases conclude that if certain conditions and actions were not taken prior to the signature of the contract, it is possible to successfully defend any breach. The task of this document is to ascertain which of these circumstances could be relevant to Jack in defending himself against a claim by the bank for repossession of his property so that they can reclaim some of the monies owed to them. The facts of the case are that Karen’s import-export business had been experiencing cash flow difficulties and financial problems for some time, at least fifteen months with no improvement. Her bank had refused to assist her with an increased overdraft facility had been informed by her bank that they would not extend her business’s overdraft unless extra security is provided. Karen explained the situation to her employee of five years, Jack, who had also become a friend of the family and suggested that he find another job. Under the impression that the problem was temporary, Jack suggested that she use his flat, an inheritance from his aunt, as security against further borrowings. The flat at that time was worth  £250,000. After consideration Karen took Jack up on his offer and informed him that it would also secure his job and that it was only a temporary situation that would soon be corrected. They went to the bank. The bank advised Jack to seek independent advice and

English Legal System and Skills Essay Example | Topics and Well Written Essays - 250 words

English Legal System and Skills - Essay Example n her statement, Rose says that she did not suspect that her brother was doing anything criminal, but that she had become wary of the kinds of people he was keeping company with at the gym. Rose must realize that if this suspicion about the kind of people her brother was keeping can be related the criminal act of the money. In Regina v Da Silva (2006)1, the court held that suspicion does not necessarily have to be knowledge ad that if there was a small doubt, this can be counted as suspicion. Rose can however feel safe as long as she can prove that due to her brothers good job, she never suspected that he could be involved in such a case and that it was also possible that he could afford that kind of money. Sarah may have a criminal responsibility of aiding and abetting crime, according to section 93A (1)(a) of the criminal justice act 1988 UK. It is clear that she was aware that her uncle John was having financial issues at the time and that he was desperate to resolve his problems. It can be argued that since Sarah knew that her uncle was having financial problems and that she was in charge of a charity, and this can be said to have been enough ground for a reasonable person to suspect that something was wrong. She could also have questioned the motive of her uncle requiring her to keep the money for her instead of him keeping in his bank account. In Regina v Da Silva (2006)2, the court held that the appellant was guilty because she had enough grounds to suspect that her husband was having criminal activity or that the money that was being deposited in her account by her husband had been acquired illegally. The same case can be applied in Sarah’s case because she must have sus pected that her uncle who was going through financial problems could not have acquired the money in proper

UK Central Government Essay Example | Topics and Well Written Essays - 1750 words

UK Central Government - Essay Example Most such departments are led by ministers and the ministers are accountable to parliament and have to report on the progress of their department. Certain non-ministerial posts may also be given to people heading certain departments1. This essay will deal with the role of the governments, both local and central and examine to what extent the local governments are dependent on central government. Is there an issue of performance scrutiny Are the local governments completely controlled by the central government2 These are issues that will be discussed is some detail. The ministers are in charge of government departments and are known as secretaries of state. They are members of the cabinet and carry out duties that the Prime Minster allots to them. Certain holders of traditional offices may have no departmental duties. Ministerial responsibility refers to both the collective responsibility for government policy and actions which ministers share, and to the ministers' individual responsibility for the work of their own departments. Collective responsibility implies that ministers should support government decisions and policies once they have been made and strictly implement those policies. Departmental ministers must agree with government policies as a whole so ministers are either expected to support or resign (Direct.gov on Central govt, 2005). This shows the extreme control of the central government in policy matters. In recent years we have seen such cases of resignation when ministers have failed to support government policies for instance the decision to go to war against Iraq (BBC report 2003/2005)3. The junior ministers are parliamentary undersecretaries of State and they report to a minister and oversee certain functions of a department. Departmental ministers tend to decide on all matters within their responsibility although certain cases may involve the decision of more than one department and consequently more than one minister would be responsible for the decision. On taking up office ministers are required to resign from directorships of private and public companies and ensure that there is no conflict in public and private interests (Direct.gov on Centr al govt, 2005). The central government consists of a cabinet of 20 ministers chosen by the Prime Minister and include both departmental and non-departmental ministers. The Cabinet represents the true collective responsibility and is expected to take the final decisions on government policies and adhere to them. The cabinet meets weekly although its business remains confidential until policies are made public and official (Direct.gov on Central govt, 2005). The civil service helps the government to formulate policies, carry out decisions and administer public services for which they are responsible. As ofJune 2001, civil servants constituted about 2 per cent of the working population in employment and about 10 per cent of all public sector employees and half of all civil services provide their services directly to the public4. The Prime Minister is responsible for central co-ordination and management of the Civil Service (Direct.gov on Central govt, 2005). The central government also consists of executive agencies that are directly accountable to the ministers. These government agencies

Discuss why you wish to pursue a career in Nursing and two most Essay

Discuss why you wish to pursue a career in Nursing and two most challenging issues facing Nursing practice today and why - Essay Example Nursing career In the continuously modernizing world and growing body of knowledge, it is not new that there is a shortage of nurses, and that this dilemma is constantly being pursued upon for solutions. The personal choice of taking nursing as a career is inspired by the need to answer to the call of health care delivery. Presently, the health care delivery system desires providers who could meet the needs of the client while taking into consideration his or her wholeness, and not merely the physical aspect focused on by medicine. Undeniably, this could be satisfied by competent nurses. Nursing is full of career opportunities. One may decide to be involved in a specific area, whether in nursing education, administration, community, or clinical practice, or participate in several areas at the same time. Trending career opportunities nowadays also involve nursing informatics and nursing research. Despite these diversities, the goal of nursing to provide care is still the backbone of t he profession. Challenges in Nursing The idea that change is inevitable implies that the continuous evolution of the world also poses challenges to society, including the field of nursing. Nursing leaders play essential roles in the performance of their staff.

Palliative care for Enduring Conditions Essay Example | Topics and Well Written Essays - 3500 words

Palliative care for Enduring Conditions - Essay Example The philosophy of palliative care is firmly rooted on improving or maintaining the quality of life to the very end. It is concerned with making the last few days of the patient’s life as comfortable as possible. The World Health Organization points out that palliative care is â€Å"the active total care of patients whose disease is not responsive to curative treatment†. It mostly involves the control of pain and other symptoms (psychological, social, and spiritual problems) often associated with terminally ill patients. The philosophy of palliative care in the current specialised setting is about paying equal focus on the physiological as well and the psychological issues of a terminally ill patient. Palliative care is rooted in the hospice movement, mainly on the care of the dying cancer patient. According to the World Health Organization, it is based on the principles of affirming life, viewing dying as a normal process. It neither hastens nor postpones death; it provides relief from pain and other symptoms; it integrates the psychological and spiritual aspects of patient care; and it offers a support system for the patient and his family until the patient’s death.

An Analysis of Corporate Social Responsibility in UK Firms Dissertation

An Analysis of Corporate Social Responsibility in UK Firms - Dissertation Example Other than the research design, studies need to provide an understanding of the research rationale, sample and sampling procedure, data and collection methods, as well as the data analysis process. The following chapter provides a deeper analysis of the methodology employed in conducting this study. Research Design Approach Research studies take the form of qualitative, quantitative, or both. Whereas quantitative designs use numerical data, qualitative designs use non-numerical data and information to make analysis towards achieving the aim of the study. In order to realise the objectives of this research, a combination of both qualitative and quantitative research approaches was employed. On the one hand, the study utilized available research data on the subject of CSR policy and performance among major corporations in the UK. In order to identify a sample space to draw information from, a recent research by Highflier’s Research (2011) on the Top 100 Graduate Employers in the UK for the year 2011 and 2012 was used. Secondary data and information regarding CSR in respect to UK firms provided a good foundation and basis for conducting a detailed analysis hence conclusions and recommendations. Apart from the use of secondary data especially the research study conducted by Highflier’s Research (2011), the study also collected additional information and data from the available literature that addresses the concepts and aspects of CSR with respect to UK firms. Such literatures formed the bigger part of the literature review section. Specific information obtained from the various literatures included the CSR policy frameworks as well as performance of UK firms in respect to the same strategic move. The literatures... The research selects three firms, Tesco, Asda and Sainsbury and uses them to represent the entire population. These firms are UK-based and of late have been seen as very successful in respect to CSR policies and performances. The sampling method that was used was the stratified sampling, which involves selecting specific firms that have heard significant impact, whether positive or negative, on the business environment on the basis of the topic under discussions. The three firms formed the case studies that needed to be analyzed in order to arrive at the conclusion. However, there were information and data required regarding the client’s perception on the firms’ CSR policies and performances. Again, it was difficult to conduct interviews on all the clients of the three firms. Consequently, 150 clients were selected randomly and a semi-structured interview was performed on them identifying firstly the firm of choice and then their views on the CSR policies as well as per formances. As much as we praise the importance of CSR practices to the organisation, the ultimate effectiveness of such practices is best felt by the public. It is true that interviewing senior corporate managers can serve good in understanding the environment underpinning their CSR policies. Nevertheless, this option is both resource consuming and might be subject to faked information as managers strive to safeguard their business secrets. On the other hand however, company clients are more open in airing their views on businesses and their practices

Essentials Mangement (report) Essay Example | Topics and Well Written Essays - 1750 words

Essentials Mangement (report) - Essay Example Early on, the proposition seems to be true as it is appealing but research and retrospection conducted for the study would indicate that the claim is actually oversimplified. The arguments that will prove this point are presented and detailed in the ensuing discussion. Team building is essentially defined as a continuous, multifaceted process where the members learn to work together for a common goal. It can pertain to any assembly of individuals in different areas of concern such as in sport and in business. The core principles that operate in building any successful team include making the members appreciate and develop a shared vision and unity of purpose, gradually forming a collaborative and synergistic teamwork and establishing an open and honest communication process. However, an effective team does not only cooperate for this can be forced or coerced. An effective team is essentially where people forms relationships that surpasses work. It also involves peer and social support and a build-up of trust that combines to create a positive team culture and a cohesive group atmosphere. This process only comes only after several stages of team building. Thus, the process of making people work together as a team involves an understanding of complex social and psychological processes which is further explored in the ensuing discussion. Human Psychology would tell us that every individual is unique in his own ways. Group and team development strategies try to make team members to appreciate common goals. A manager tries to develop in his group a need to achieve the organization’s objectives. He tries to motivate the members to work together as a team. However, the knowledge that all individuals are unique informs us that the development of synergistic relationships is easier said than done. Philosophical undertakings followed by scientific research would tell