Contract law assignment Essay Example | Topics and Well Written Essays - 3000 words

Contract law assignment - Essay Example struction despite the fact that they have not communicated their acceptance in writing, hence there is an objective reference that may be drawn that they have accepted the contract with the additional provisions inserted by Mrs. Lowrie, as per the precedent in Brogden v Metropolitan Railway3 where performance of the contract was deemed to constitute unconditional, final and unqualified acceptance, motivated by the offeree’s knowledge of the offer.4 In the case of G. Percy Trentham Ltd v Archital Luxfer6 it was held that the Courts should take into consideration the fact that English law approach to contract formation measures it by the yardstick of the reasonable expectations of sensible businessmen. Therefore, in a dispute between the two parties on price, the written transactions between them will hold more weight and Jerry’s performance of amended contractual terms will render them final and accepted. Hence, the contractual terms will be a contractual price of 150,000 pounds with 6000 pounds withheld subject to conditions stated by Mrs Lowrie. 2. The document signed on April 4 represents substantially, the terms between the parties, since Mrs. Lowrie has set out some terms which have not been rebutted before performance7. However, there are also provisions spelt out in the standard form building contract, as per Clause 4 of the April 4 document, which will be additional contractual documents. (b) (1) This oral statement may be considered to be only a representation, since it was not later spelt out in writing8. Moreover, since this issue was not spelt out in writing, the Court may draw the conclusion that the parties did not intended them to be contractual terms9 and therefore not actionable. (b) (2) (3) These statements will be considered to be contractual terms, since they have been instrumental in inducing Mrs Lowrie into entering the contract.10 Moreover, since these statements have been made very close to the actual date of the contract,

Outsourcing Term Paper Example | Topics and Well Written Essays - 2000 words - 1

Outsourcing - Term Paper Example focus more on core competences, allows organization to provide products and services to consumers on much cheaper rate, it allows best utilization of time and factors of production, and with activities it also transfers the risk attached to those activities. With advantages, outsourcing has some disadvantages as well, which includes Increase in unemployment in outsourcing country, it often eradicates direct communication between an organization and its clients which hinders organization to build strong relationship with employees, it rises the risk of losing control over operations, it makes the sensitive information vulnerable as chances of leakage of information increases with outsourcing, and it makes organizations largely dependent upon the outsourced partner (Bettis, Bradley, & Hamel, 1992). There are number reasons which explain why organizations outsource their functions and business processes, one of the basic and major reasons is that it saves money and allows organization to pool that money in more productive activity There are many things which companies consider while looking to outsource as the success of outsourcing such as, Companies’ capability to manage in mobile locations; Companies’ capacities to expand and to build outsource partnerships, and companies’ skills and abilities to what to produce and not to produce while being competitive in the market (Boudreaux, 2008). There are number of exogenous factors which also need to be considered by companies while looking for outsourcing, which are Political stability of a country where function or process is outsourced, Language skills of outsourced partner, Infrastructure stability of outsourced partner, and flexibility of intellectual property rights and business contracts in the country of outsourced partner. Companies should concern about handing over technology to other businesses as this practice is quite worrying for them who outsource functions or business processes in order to save