Legal Systems and Contract Law Assignment Example | Topics and Well Written Essays - 1250 words

Legal Systems and Contract Law - Assignment Example The scenario presented by the case of Arju, a consumer who went to purchase a power washer at a local store whereby she was assisted by three different people. This case involves a number of parties and therefore, the Scots contract law will be applied in this case. Question A1 In this scenario, we witness a customer who advised Arju to purchase a certain power washer (AK47 Watersquirt). Arju purchased the water washer based on the recommendation of the customer. In this scenario, as the lawyer representing Arju, I would advise him not to pursue this case in a court of law. This is because the customer’s recommendation amounted to something more or else of a promise. According to the Scots Law of contract, a unilateral promise is not recognised as a contract. The provisions of the Scots Law of contract do not recognize unilateral promises which are against the provisions of this law. This is similar to the case of Punit Beriwala v. Suva Sanyal [1998], whereby Suva had sued Pun it for breach of contract based on a marriage promise. The court held that the promise was not enforceable and therefore the promise could not be considered as a binding contract. According to the Scots law of contracts, for a contract to be binding it must be a bilateral agreement between two parties. On the other hand a contract can exist whereby a person has obligation to perform duties in relation to another person. This type of contract is referred to as a gratuitous  contract (Douglas,  56). In the case of Arju, she was not advised by the customer in this scenario but the customer was merely expressing her opinion. As a result, a court of law would not recognize this as a breach of contract since there was no contract in the first place. According to the Scots Law of contracts, a contract is an agreement between two or more parties with the intention of creating legally binding obligations. Therefore, the customer’s recommendation had no intention of creating legall y binding agreement. As the legal representative of Arju, I would advise her not to pursue a case against the said customer but instead try to be careful the next time. Question A2 In another scenario, we witness a sales assistant who is not familiar with power washers but goes ahead to assure Arju that the store sells quality goods. However, the sales assistant omitted information concerning customer recalls on goods on faulty goods. Based on the information provided by this case, as the lawyer for Arju, I would advise her to sue the sales assistant and the shop for breach of contract. According to the Scots Law of contracts, a contract is an agreement between two or more parties. In terms of promises one makes to another, the Scots Law of contracts requires the promise to be done in writing or be proved by a writ or oath. However, this provision excludes undertaking done under businesses. Therefore, the sales assistant’s reassurance of the good quality of goods sold by the store amounted to a breach of contract. The promise given to Arju by the sales assistant compelled Arju to purchase from the store leading to a loss (Hare, 64). As a result, Arju should sue the store based on the information provided by the sales assistant. Another provision of the Scots Law of contract is that for a contract to be legal and binding there must be free and genuine consent of the parties. In this scenario, the sales assist

Something important that you learned from this course Essay

Something important that you learned from this course - Essay Example They view the need for change as the opportunity for employees to succeed in their professional lives and increase the level of productivity. According to Lussier and Achua, an effective leadership is one that influences constituencies to make a shift from self-interests to collective interests of the group (348). In short, the role of leaders is to identify the need of the followers, make them aware of the need to fulfill those needs, provide followers a well-designed and practical strategy to follow, and to motivate people to continue their efforts for the achievement of goals and objectives. On the other hand, managers are people who supervise and control the activities of their subordinates in order to keep organizational system running. Here, an important point to mention is that managers are not born, they are appointed as managers by the top officials and stakeholders of their respective companies. Conversely, leaders are not appointed, rather they are born as leaders. Manager s have all abilities of an effective leader due to which they get the opportunity to manage other employees. Top management officials include the stakeholders and owners of companies who appoint managers based on their effective management and leadership skills. Managers are the most talented employees of a company who are able to show their managerial skills and decision-making ability in carrying out their job tasks as the result of which the top officials appoint them as managers of their respective departments. They get those promotions based on their ability to manage and control their own tasks and other employees’ activities in an effective manner. Leadership plays a key role in motivating people to achieve the desired set of goals. Without having an effective leadership with a clear approach and strategy, it is impossible for the followers to make a successful struggle towards the achievement of goals (Coutts 1). Employees need to keep up their confidence and motivati on to continue working for the cause in an efficient manner even in recession. Sometimes, such phases occur in a project when the level of enthusiasm and motivation of employees go down. In such cases, managers are the people who play the role of effective leaders and drive employees towards completion of the project without any delay. Analyzing these aspects of leadership and management, it is evident that both concepts are interconnected and do not have any considerable difference between them.