General Principles of Law. The Law of Contract Essay

General Principles of Law. The Law of Contract - Essay Example In the contract law, mistakes are classified as non est factum, unilateral and bilateral. Non est factum relates to written contracts, where a party to the contract, claims that the contract document is not the document that it had signed. Mistakes constitute a very difficult and complicated area of the law of contract and relate to the time of formation of the contract. There are two types of mistakes, agreement mistakes take place when either the parties are at cross purposes or one party is mistaken and this is known to the other party. In Smith v. Hughes, 1871, the plaintiff sold oats to the defendant who believed, mistakenly, that these were old. The court upheld the defendant's decision not to accept these oats. The other type of mistake is the common mistake, in this both parties contract on the basis of a mutual mistake and the courts in certain circumstances set aside the contract. In Bell v. Lever Brothers, 1932, The Lever Bros Ltd appointed Bell as the managing director wi th the service condition that he could not make any secret profits. Bell breached this agreement and made secret profits; in the meanwhile, the company made Bell redundant and paid for the same. Later on the company came to know that Bell had made secret profits and proceeded legally to recover the redundancy payment. The Court of Appeal accepted the Company's plea but the House of Lords held that the company was not entitled to have this amount returned as the mistake was not sufficiently fundamental. Under common law mistakes are voidable contracts. Unilateral mistakes are those in which one party is mistaken and the other party is aware of this. Bilateral mistakes are those in which both parties are mistaken. The forms of bilateral mistakes are mutual, when both the parties to the contract are mistaken about different things. On the other hand bilateral mistakes are termed as common when both the parties are mistaken about the same thing. Mistakes as to the terms of a contract imply that the presence of a mistake in respect of the terms of a contract makes the contract void. The essential ingredients of such mistakes are that one party is mistaken and this is known to the other party. Such contracts are deemed to be void. In the case Webster V. Cecil, 1861, the defendant rejected an offer of 2000 and subsequently sent an offer letter to the plaintiff in which, he mistakenly offered to sell the property for 1250 instead of 2250. The plaintiff was aware of this mistake and when he tried to enforce the contract the court rejected his claim stating that the contract was void due to mistake of terms. Mistake as to identity are those in which a party to a contract impersonates another person in order to obtain goods or services, preferentially. There are two situations where the law recognizes the mistake as to identity. First, situations where the parties are face to face while making the contract and second, situations where the parties are not face to face and are at a distance while making the contract. In such situations the contract will be deemed to be void for mistake, if the plaintiff is able to establish that the other party's identity was vital to the contract and if the party can establish that it was dealing with a different party which actually exists.

Perfect Position Paper Essay Example | Topics and Well Written Essays - 1250 words

Perfect Position Paper - Essay Example This is a leadership position which involves allocating resources to projects or activities within the company. I can passionately hold, communicate to others, at the heart of the leader’s activities and priority. To my integrity, I will act outwardly in a mode that would be consistent with inner values. I have the dedication to providing time to achieve the vision and set the example. Humility grants me the recognition that I am not a perfect person than the rest in the team. I can listen to novel ideas even if they confront the views I may hold. Creativity enables me to think differently, encourage and develop new ideas. I would be able to treat everyone justly and consistently, without jumping into conclusions before listening to facts. I would take responsibility for failures and give others credit where they deserve. Through a sense of humor, I would relieve tension, engage followers and diffuse hostility. For the sake of the company’s success, I would perform seve ral roles. Create plans and strategies; providing the task to be accomplished, the time it should be accomplished, who should accomplish it, and how it should be accomplished. This will enable the team accomplish tasks. Strategies provide a well established environment to perform projects of the company (Mintzberg, Lampel, Quinn & Ghoshal, p. 41). Creating long-term vision; this will ensure that the team has foreseen the future and carry out duties towards achieving the company’s objectives. Inspiring others; this should be in accordance to the created vision. Communicating direction; setting up strategies for effective communication enables followers to perform the right task at the right time. Facilitating change; every partisan would provide ideas for transformation. Building consensus; this would be after a critical view from facts created upon several members’ opinions. Developing groups and the individual talent; teamwork enables members to achieve a common objec tive from a common ground. Allocating resources; financing fundamental activities in the company enhances profit realization. Through a critical analysis of my roles within the company, I would apply a transformational leadership style. Transformational leaders incorporate change. They follow a vision and inspire others towards the vision. They build opportunities for the team to show flair and are responsible for innovative ideas. This leadership style requires one to be strategic, charismatic and extravert. These are leaders who can make out the broad picture instead of detail. They inspire vast loyalty and set examples. If the followers recognize them as hypocritical, the team becomes cynical or disillusioned (Robbins & Judge, 2011, p. 69). Implementing the success cycle provides a stepping stone in becoming a transformational leader. This involves vision, goals, plans, action, monitoring progress, and reviewing achievements. The vision would be for the collective success instead of an individual one. The vision should be shared and sold to the team. Selling a vision would entail conviction, courage, a wish to inspire others, and a desire for adjustments. Goals are milestones towards the ultimate vision. They would define the achievements and outcomes in a minute, more tangible and manageable than the vision. The plan will outline the criteria to achieve the set goals and specify the required resources for success. The