Patients With Complex Needs

Patients With Complex Needs A learning disability (LD) is a combination of a significantly reduced ability to understand new or complex information and the inability to cope independently (Department of Health, 2001). The assessment of the severity of LD is open to interpretation as there are no distinct differences between the classifications of LD (Royal College of Nursing, 2009). The level of disability is determined by the patients IQ score (Swanson et al., 2005). This means that a patient who is deemed to have a moderate LD cannot be assumed to perform routine procedures in a predetermined manner. There is a possibility they could perform anywhere within a range of coping very well or not be able to participate. Therefore there is no standardised procedure or protocol when testing or providing care for these patients, though many departments have devised their own care plan based around Valuing People (2009). Ms P has recently been recognised to have potential hearing problems. This was noticed as she has been mishearing a lot of what is said to her during a project to set up a charity shop and cafe in a day service she attends on a weekly basis. When seen by a clinical nurse specialist she was observed to be lip reading whilst communicating. Efforts were made by the clinical nurse specialist to establish Ms Ps hearing thresholds; however they were unsuccessful as she was inappropriately responding for both conventional and modified response methods. I shall use this case study to suggest suitable management options and care plan for Ms P with a major consideration to her mental health issues in relation to what should be proposed and how it should be carried out. It is important to acquire Ms Ps audiometric thresholds through a correctly performed hearing test, by a trained Audiologist. Modifications may need to be made to the test, such as alternative response methods to accommodate her LDs to achieve reliable results. Testing will allow identification as to whether the patient is struggling due to hearing problems or as a consequence of her LD. There is also a strong possibility of the problem being a combination of both. Acquisition of subjective hearing thresholds from a LD patient can be difficult as there are concentration and understanding factors to consider when selecting and performing a test. Time needs to be taken to perform an extensive history in order to establish what testing is best suited for the patient. This can improve time efficiency by understanding the patients capabilities so that the actions taken are more specific and suited to them. History taking is also a good opportunity to create a good rapport with the patient which can ease interaction and communication throughout the rest of the patients pathway. Mansell (1992) found that it is common for learning difficulty patients to have problems when communicating. Therefore actions must be taken to encourage a good patient-clinician interaction and confidence as early as possible as they can improve relations for the long term. Another major factor which will improve the working relationship between patient and clinician is the presence of the patients sister. She will be able to provide important information during history taking and, simply by attending the appointments with the patient, can give her more confidence. Efforts should be made for relatives and carers to attend with the patient during earlier appointments until a decent rapport has been established (Rance et al., 2009). Once hearing thresholds are obtained, they must be verified, as conventional patient responses to sound stimuli are susceptible to the patients understanding of the test. This could mean that the patient may be responding at sensation level rather than threshold level. If this is the case and the results obtained are unverified it could lead to an intervention method, such as provision for amplification, being implemented at a level which could potentially cause more damage to the patient than benefit. The verification method would be best suited if it didnt require a response from the patient to confirm the actual hearing level as this would allow a more objective measure of the patients hearing ability i.e. Cortical Evoked Response Audiometry, Auditory Brainstem Response or Otoacoustic Emissions. This can then allow comparison between actual objective hearing thresholds and subjective patient response thresholds. This would also identify the need for the patient to be referred into other services, should there be no hearing disorder identified. Management options for this patient could be a combination of provision for amplification, assistive listening devices (ALD), lip reading classes and hearing therapy. Each of these options have advantages and disadvantages which I shall now discuss. Provision for amplification would enable speech and other environmental sounds to be amplified to a level that is within her residual hearing ability (Dillon, 2001). Hence enabling her to detect and discriminate more of the speech sounds she seems to be missing currently. This should improve her understanding and allow her to function better within the charity shop and cafe she is trying to set up. Disadvantages of using this method are her understanding and maintenance of the device issued to her. She may not be able to look after, insert or operate the device. This could be avoided by educating her sister or employees at the day service to assist her. But this doesnt promote independence for the patient. It is also worth considering whether her older sister would understand how to assist Ms P with a hearing aid. The benefits of this management option are measurable through aided thresholds. An improvement should also be seen by the people who surround her too, should it be used pro perly. The success of a hearing aid could be questionable as she is mainly struggling in a noisy environment where competing sounds could discourage her from use or prevent her from adapting to it. This could be a detrimental effect to applying the method as she may find it more of a hindrance than assistance. She would also benefit from a binaural fitting in a noisy cafe environment as the ability to localise would improve her speech intelligibility. Even though it seems amplification would be the best option in relation to her problems consideration needs to be taken regarding the patients preferences and consent to the measure in the first place. Reasoning for having amplification could be explained specific to her interests and problems, which can allow goal setting. Should she not give consent for amplification, ALDs or lip-reading classes could be used. ALDs would benefit her in her problematic situations specifically as they are made solely for a set environment, which is also a disadvantage as she will have problems in environments other than this one. Instructions on use and maintenance will need to be taught in order to gain full benefit, which would lead to similar disadvantages as the amplification management option. Lip or speech reading classes are a taught skill set which would enforce her current ability to lip read. It would also provide a manageable option which does not have the disadvantage of having to be maintained. However, it would require her to attend classes and learn the skills needed for this option in order to create maximum benefit. This would require a re-analysis of her concentration and learning abilities prior to implementation, as it may not be a suitable option should she not have the patience or understanding of why she is doing it. Even though this is a good option, as it promotes independence, amplification would still be of benefit alongside it to improve speech perception, as some phonemes appear to be similar when lip reading (Denes Pinson, 1993). Another service which she could gain access to help her with her difficulties in the cafà © and charity shop is Access to Work. They would be able to provide funding for equipment and services to improve her situation in her working environment. This should be done regardless of any other management option being enforced. Prior to devising a care plan consideration has to be made regarding the extent of Ms Ps LD on the potential success of the plan, her understanding of her hearing loss and how a management option will improve things for her. She may not think that she has a hearing loss at all. The patients personal goals should also be identified as this could provide leverage for encouragement of the management option. Her treatment could be centred on the progress of her day service initiative to improve her understanding of the treatment she is being offered. Goal setting should be encouraged in relation to her interests to ease the patient into her management options. Regular reviews should be enforced as they help maintain the rapport initially established from the testing appointment and enables the clinician organisation over the patients progress. The success of the management plan used will rely heavily on the clinicians understanding and management of the patients mental health issues, capacity and capability. This will provide the clinical reasoning behind the management options used and what goal setting should be enforced. It is better for clinicians to encourage the patient to make their own decisions, rather than make a decision based on the patients best interests, should they have the capacity to do so, as outlined in the Mental Capacity Act (2005) (legislation.gov.uk, 2005). There has to be sufficient clinical reasoning behind the choices made and their relevance to the patient and her needs, which have been given strong consideration for in this instance. The care plan most suitable for Ms P is initially to trial amplification with ALDs, i.e. a loop system. Should these primary interventions not be of any assistance then it is worthwhile trialling the lip reading classes alongside them and as a last resort hearing therapy.

M&M’s are commonly used as candy, but are they really?

M&M's (named after the surnames of the company founders Mars & Murrie[2]) are dragee-like â€Å"colorful button-shaped candies†[1] produced by Mars, Incorporated. The candy shells, each of which has the letter â€Å"m† printed in lower case on one side, surround a variety of fillings, including milk chocolate, dark chocolate, crisped rice, mint chocolate, peanuts, almonds, orange chocolate, coconut, pretzel, wild cherry, and peanut butter. M&M's originated in the United States in 1941, and are now sold in over 100 countries. [1] They are produced in different colors, some of which have changed over the years. The difference between the different colored M&Ms is the dye added to the outer coating. In July 2006, Dark Chocolate M&M's reappeared in a purple package, followed in 2007 by Dark Chocolate Peanut M&M's. Also in 2006, the company piloted White Chocolate M&M's as a tie-in with their Pirates of the Caribbean promotion. The company also offered eight new flavors of M&M's via online sales, as well as at M&M's World locations: â€Å"All That Razz†; â€Å"Eat, Drink, & Be Cherry†; â€Å"A Day at the Peach†; â€Å"Orange-U-Glad†; â€Å"Mint Condition†; â€Å"AlmonDeeLicious†; â€Å"Nut What You Think† and â€Å"Cookie Minster†. Mars also released a â€Å"Crispy Mint† variety in Australia that year. [citation needed] Also in 2006, M&M's became the official chocolate of NASCAR. In 2007, M&M's introduced a limited-edition raspberry flavor called â€Å"M&M's Razzberry Chocolate Candies. â€Å"[citation needed] Also in 2007, M&M's produced a 50-foot, smiling Lady Liberty M&M statue to kick off a campaign encouraging Americans to create their own M&M characters at mms. com. The website allows for people to log in and create their own character from scratch. They choose everything from the color and shape to hair and accessories. During the 2008 Valentine's Day season Mars introduced bags of all-green M&M's. This was due to common urban folklore that holds green M&M's to be an aphrodisiac. [20] They were brought back for Valentine's Day 2009 alongside the â€Å"Ms. Green Heats Up Valentine's Day† contest. In 2008, two new limited-edition varieties of the candy were introduced – â€Å"Wildly Cherry† M&M's, and, as a marketing tie-in with the film Indiana Jones and the Kingdom of the Crystal Skull, â€Å"Mint Crisp† M&M's. [citation needed] M&M's also introduced another new product called â€Å"M&M's Premiums† in 2008. They come in five flavors – chocolate almond, mint chocolate, mocha, raspberry almond and triple chocolate (milk, dark, and white chocolate), which are sold in small upright cartons with a plastic bag inside. M&M's Premiums do not have a candy shell, but are coated with carnauba wax and color. Dark Chocolate was added in 2009, replacing Mocha. [citation needed] During summer of 2008, My M&M's launched ‘Faces,' which allows consumers to print the faces of loved ones on M&M's chocolate candies. citation needed] In January 2009, three new â€Å"shimmering† colors were added to the list of custom printable colors. The colors in this collection have a pearlescent finish. [21] In February 2009, M&M's launched â€Å"M&M’S Color Break-Up† Promotion in Australia where colors were sold in separate packs (one for each color): the packs included a code to win prizes. [22] In S ummer 2009, M&M's launched a limited-edition â€Å"Strawberried Peanut Butter† variant to tie in with the release of Transformers: Revenge of the Fallen. In addition, M&M's launched a limited edition â€Å"Coconut M&M's. † In July 2009, a study showed that a dye similar to that in blue M&M's showed benefits in helping paralyzed rats to walk again. [23] In April 2010, M&M's launched a new â€Å"pretzel variety. † Pretzel M&M's do not have any yellow M&M's. [24] In early 2010, M&M's Bare All were released as part of a competition in Australia and New Zealand. [25] M&M's Bare All winning packs were ordinary M&M's, but without shells (and hence had no colours). An official website, http://m-msbareall. com. au/, was launched, along with television advertisements. [26] About the time pretzel M&M'S came out, the M&M'S wrapper designs in the U. S. were redone, from the old design, used from 2004-early 2010. Almond, Dark chocolate, and Dark chocolate peanut are currently only available in larger sizes. For Spring 2011, M&M's are available in milk chocolate â€Å"Spring Pastels. † The colors are all lighter and come in yellow, pink, purple, blue and green. On them, the M is blue and some feature ei ther a blue duck, sheep head, or bunny ears and face with the eyes a blue letter M, which is slightly smaller. They were created so that little shell that contains them enables them to â€Å"Melt in your mouth, NOT in your hand! â€Å"

Whats Really Going on with Help with Research Paper Writing

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Critical Appraisal Of Paper On Health Care - 1854 Words

Inquiry in health care Assessment task -3 Table of Contents Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦1 Critical appraisal of paper 1†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦1-3 Critical appraisal of paper 2:†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦....3-5 Justification for best technique in the scenario†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.5-6 Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.6 Reference 7-8 Introduction The report critically appraises the research article by von Haaren et al., (2015) who has investigated the influence of 20 week aerobic exercise training on emotional stress reactivity in students experiencing real life examination stress and the article by Kim et al., (2013) who has explored the impact of Kouk Sun Do, a mind-based intervention on students with anxiety symptoms. This appraisal is important to determine its applicability for the case scenario of Mariana who is an Australian University student with a 18 month year daughter. Being a single mother, she lacks social support and has additional liabilities in her life compared to other students. This condition along with diabetes and rare blood disorder has made her very depressed in life. The critical appraisal and evaluation of the research paper is important for evidence based practice and choosing health intervention according to best available evidence (Grove et al., 2014). This report analyse the two pa pers to determine the best evidence based practice that can be applied in case of Mariana toShow MoreRelatedEssay on Critical Appraisal1662 Words   |  7 Pages Appraisal 1 Critical Appraisal by Gemekia C. 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Australian Cattle s Assignment Trade Patterns Of Australia

Australian Cattle’s Assignment Trade patterns of Australia Trade pattern means a country’s trades of goods and services with other countries, in certain directions. Although Australia is not playing a big role on the stage of global economy, trade is crucial to the geographically isolated continent. The percentages of export and import product are equal which around 20 percent of domestic productions. The main export products in Australia are agricultural products and mineral, which take up about 65% of total national export revenue. Agricultural export products consist of beef, wheats, wool, wine, cotton etc. Here in this case, it is talking about the second largest composition in the group - beef and cattle. Every year, there is nearly two thirds of Australian agricultural products export overseas and it is stable increasing as far as we can see. Australian trade direction changed from UK to Japan and then switched to China recently followed by the growth of Chinese economy. Between 2012 and 2013, agricultural products worth $38,268 million in total were export to the top country - China. Trade performance in the Australian Beef industry Unlike the slowdown trend of Australian general goods and services export, the export of beef kept increase. In 2012, export of beef was 4754 million dollars which rose to 5051 million dollars in 2013. The proportion of beef in total agricultural exports increased 0.4 percent (from 12.8% to 13.2%) in one year. Australia is currently oneShow MoreRelatedApa Style4871 Words   |  20 Pagesreferencing based on the Publication Manual of the American Psychological Association (6th ed.). This summary gives examples of the APA referencing style for a number of information sources that you will commonly use. If you cannot find the relevant pattern here, then refer to the APA Publication Manual (6th ed.). 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Contract Act 1872 Free Essays

string(34) " not constitute a valid contract\." Legal Aspects Of Business – Indian Contracts Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law. CitationAct No. 9 of 1872 Enacted byParliament of India Date enacted25 April 1872 Date commenced1 September 1872 The law relating to contracts in India is contained in Indian Contract Act, 1872. We will write a custom essay sample on Contract Act 1872 or any similar topic only for you Order Now The Act was passed by British India and is based on the principles of English Common Law. It is applicable to the All States of India except the State of Jammu Kashmir. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties in India. History The Indian Contract Act came into force on 1 September 1872. It Was Enacted Mainly With a View To ensure Reasonable Fulfillment of Expectation Created By the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties. The Third Law commission of British India formed in 1861 under the stewardship of chairman Sir John Romilly, with initial members as Sir Edward Ryan, R. Lowe, J. M. Macleod, Sir W. Erle (succeeded by Sir. W. M. James) and Justice Wills (succeeded by J. Henderson), had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25 April 1872 and the Indian Contract Act, 1872 came into force with effect from 1 September 1872. Before the enactment of the Indian Contract Act, 1872, there was no codified law for contract in India. In the Presidency Towns of Madras, Bombay and Calcutta law relating to contract was dealt with the Charter granted in 1726 by King George I to the East India Company. Thereafter in 1781, in the Presidency Towns, Act of Settlement passed by the British Government came into force. Act of Settlement required the Supreme Court of India that questions of inheritance and succession and all matters of contract and dealing between party and party should be determined in case of Hindu as per Hindu law and in case of Muslim as per Muslim law and when parties to a suit belonged to different persuasions, then the law of the defendant was to apply. In outside Presidency Towns matters with regard to contract was mainly dealt with English Contract Laws; the principle of justice, equity and good conscience was followed. Development The Act as enacted originally had 266 Sections, it had wide scope and included. General Principles of Law of Contract::::::::: 1 to 75 Contract relating to Sale of Goods::::::::::::76 to 129 Special kinds of Contracts (includes indemnity, guarantee, bailment pledge:::::::::::::::::125 to 238 Contracts relating to Partnership::::::::::::239 to 266 Indian Contract Act embodied the simple and elementary rules relating to Sale of goods and partnership. The developments of modern business world found the provisions contained in the Indian Contract Act inadequate to deal with the new regulations or give effect to the new principles. Subsequently the provisions relating to the sale of goods and partnership contained in the Indian Contract Act were repealed respectively in the year 1930 and 1932 and new enactm ents namely Sale of Goods and Movables Act 1930 and Indian Partnership act 1932 were re-enacted. At present the Indian Contract Act includes: General Principles of Law of Contract:::::: 1 to 75 Special kinds of Contracts (includes indemnity, guarantee, bailment pledge::::::::::::::::::::::::::125 to 238 Definition Section 2(h) of the Act defines the term contract as â€Å"any agreement enforceable by law†. There are two essentials of this act, agreement and enforceability. Section 2(e) defines agreement as â€Å"every promise and every set of promises, forming the consideration for each other. † Again Section 2(b) defines promise in these words: â€Å"when the person to whom the proposal is made signifies his assent there to, the proposal is aid to be accepted. Proposal when accepted, becomes a promise. † And other words Say Agreement is Sum of all contract are agreement, but all agreement are not contract.. ?CONTRACT=AGREEMENT+ENFORCEABLE BY LAW( LAW) Essential Elements of a Valid Contract According to Section 10, â€Å"All agreements are contracts, if they are made by the free consent of the partie s, competent to contract, for a lawful consideration with a lawful object, and not hereby expressly to be void. † Essential Elements of a Valid Contract are: 1. Proper offer and proper acceptance. there must be an agreement based on a lawful offer made by person to another and lawful acceptance of that offer made by the latter. section 3 to 9 of the contract act, 1872 lay down the rules for making valid acceptance 2. Lawful consideration: An agreement to form a valid contract should be supported by consideration. Consideration means â€Å"something in return† (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful. 3. Competent to contract or capacity: In order to make a valid contract the parties to it must be competent to be contracted. According to section 11 of the Contract Act, a person is considered to be competent to contract if he satisfies the following criterion: The person has reached the age of maturity. The person is of sound mind. The person is not disqualified from contracting by any law. 4. Free Consent: To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake. . Lawful Object and Agreement: The object of the agreement must not be illegal or unlawful. 6. Agreement not declared void or illegal: Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence they do not constitute a valid contract. You read "Contract Act 1872" in category "Papers" 7. Intention To Create Legal Relationships:- when the two partie s enter in to an agreement,there must be intention to create a legal relationship between them †¦ if there is no such intention on the part of the parties .. there is no contract between them .. greements of a social or domestic nature do not contemplate legal relationship;as such they are not contracts. 8. Certainty, Possibility Of Performance 9. Legal Formalities 10. By surety Types of contracts On the basis of validity: 1. Valid contract: An agreement which has all the essential elements of a contract is called a valid contract. A valid contract can be enforced by law. 2. Void contract[Section 2(g)]: A void contract is a contract which ceases to be enforceable by law. A contract when originally entered into may be valid and binding on the parties. It may subsequently become void. There are many judgments which have stated that where any crime has been converted into a â€Å"Source of Profit† or if any act to be done under any contract is opposed to â€Å"Public Polic y† under any contract—than that contract itself cannot be enforced under the law- 3. Voidable contract[Section 2(i)]: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others, is a voidable contract. If the essential element of free consent is missing in a contract, the law confers right on the aggrieved party either to reject the contract or to accept it. However, the contract continues to be good and enforceable unless it is repudiated by the aggrieved party. 4. Illegal contract: A contract is illegal if it is forbidden by law; or is of such nature that, if permitted, would defeat the provisions of any law or is fraudulent; or involves or implies injury to a person or property of another, or court regards it as immoral or opposed to public policy. These agreements are punishable by law. These are void-ab-initio. â€Å"All illegal agreements are void agreements but all void agreements are not illegal. † 5. Unenforceable contract: Where a contract is good in substance but because of some technical defect cannot be enforced by law is called unenforceable contract. These contracts are neither void nor voidable. On the basis of formation: 1. Express contract: Where the terms of the contract are expressly agreed upon in words (written or spoken) at the time of formation, the contract is said to be express contract. 2. Implied contract: An implied contract is one which is inferred from the acts or conduct of the parties or from the circumstances of the cases. Where a proposal or acceptance is made otherwise than in words, promise is said to be implied. 3. Quasi contract: A quasi contract is created by law. Thus, quasi contracts are strictly not contracts as there is no intention of parties to enter into a contract. It is legal obligation which is imposed on a party who is required to perform it. A quasi contract is based on the principle that a person shall not be allowed to enrich himself at the expense of another. On the basis of performance: 1. Executed contract: An executed contract is one in which both the parties have performed their respective obligation. . Executory contract: An executory contract is one where one or both the parties to the contract have still to perform their obligations in future. Thus, a contract which is partially performed or wholly unperformed is termed as executory contract. 3. Unilateral contract: A unilateral contract is one in which only one party has to perform his obligation at the time of the formatio n of the contract, the other party having fulfilled his obligation at the time of the contract or before the contract comes into existence. 4. Bilateral contract: A bilateral contract is one in which the obligation on both the parties to the contract is outstanding at the time of the formation of the contract. Bilateral contracts are also known as contracts with executory consideration. Offer Proposal is defined under section 2(a) of the Indian contract Act, 1872 as â€Å"when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence, he is said to make a proposal/offer†. Thus, for a valid offer,the party making it must express his willingness to do or not to do something. But mere expression of willingness does not constitute an offer. An offer should be made to obtain the assent of the other. The offer should be communicated to the offeree and it should not contain a term the non compliance of which would amount to acceptance. Classification of Offer 1. General Offer: Which is made to public in general. 2. Special Offer: Which is made to a definite person. 3. Cross Offer: Exchange of identical offer in ignorance of each other. 4. Counter Offer: Modification and Variation of Original offer. 5. Standing, Open or Continuing Offer: Which is open for a specific period of time. The offer must be distinguished from an invitation to offer. Invitation to offer â€Å"An invitation to offer† is only a circulation of an invitation to make an offer, it is an attempt to induce offers and precedes a definite offer. Acceptance of an invitation to an offer does not result in formation of a contract and only an offer emerges in the process of negotiation. A statement made by a person who does not intend to bound by it but, intends to further act, is an invitation to offer. Acceptance According to Section 2(b), â€Å"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. Rules: 1. Acceptance must be absolute and unqualified. 2. Communicated to offeror. 3. Acceptance must be in the mode prescribed. 4. Acceptance must be given within a reasonable time before the offer lapses. 5. Acceptance by the way of conduct. 6. Mere silence is no acceptance. Silence does not per-se amounts to communication- Bank of India Ltd. Vs. Rustom Cowasjee- AIR 1955 Bom. 419 at P. 430; 57 Bom. L. R. 850- Mere silence cannot amount to any assent. It does not even amount to any representation on which any plea of estoppel may be founded, unless there is a duty to make some statement or to do some act 7. ffree and offerer must be consent Lawful consideration According to Section 2(d), Consideration is defined as: â€Å"When at the desire of the promisor, the promisee has done or abstained from doing, or does or abstains from doing, or promises to do or abstain something, such an act or abstinence or promise is called consideration for the promise. â€Å"Consideration† means to do something in return. In short, Consideration means quid pro quo i. e. something in return. An agreement must be supported by a lawful consideration on both sides. The consideration or object of an agreement is lawful, unless and until it is: forbidden by law, or s of such nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the court regards it as immoral, or opposed to public policy. consideration may take in any form-money,goods, services, a promise to marry, a promise to forbear etc. Contract Opposed to Public Policy can be Repudiated by the Court of law even if that contract is beneficial for all of the parties to the contract- What considerations and objects are lawful and what not-Newar Marble Industries Pvt. Ltd. Vs. Rajasthan State Electricity Board, Jaipur, 1993 Cr. L. J. 1191 at 1197, 1198 [Raj. ]- Agreement of which object or consideration was opposed to public policy, unlawful and void- – What better and what more can be an admission of the fact that the consideration or object of the compounding agreement was abstention by the board from criminally prosecuting the petitioner-company from offence under Section 39 of the act and that the Board has converted the crime into a source of profit or benefit to itself. This consideration or object is clearly opposed to public policy and hence the compounding agreement is unlawful and void under Section 23 of the Act. It is unenforceable as against the Petitioner-Company. Competent to contract Section 11 of The Indian Contract Act specifies that every person is competent to contract provided: 1. He should not be a minor i. e. an individual who has not attained the age of majority i. e. 18 years. 2. He should be of sound mind while making a contract. A person with unsound mind cannot make a contract. 3. He is not a person who has been personally disqualified by law. 4. not pardanashin women. Free Consent According to Section 14, † two or more persons are said to be consented when they agree upon the same thing in the same sense (Consensus-ad-idem). A consent is said to be free when it is not caused by coercion or undue influence or fraud or misrepresentation or mistake. Elements Vitiating free Consent 1. Coercion (Section 15): â€Å"Coercion† is the committing, or threatening to commit, any act forbidden by the Indian Penal Code under(45,1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. . Undue influence (Section 16): â€Å"Where a person who is in a position to dominate the will of another enters into a contract with him and the transaction appears on the face of it, or on the evidence, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in the position to dominate the will of the other. † 3. Fraud (Section 17): â€Å"Fraud† means and includes any act or concealment of material fact or misrepresentation made knowingly by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract. 4. Misrepresentation (Section 18): † causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement†. 5. Mistake of fact (Section 20): â€Å"Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void†. Performance Of Contracts The promise under a contract can be performed, as the circumstances may permit, by the promisor himself, or by his agent or his legal representative. 1. Promisor himself: â€Å"The contracts which involve the exercise of personal skill must be performed by the promisor himself. 2. Agent: â€Å"Where personal skill is not required, the promisor may appoint his agent to perform it. . Representatives: â€Å"On the death of the promisor, the legal heirs of the promisor must perform the contract unless a contrary intention appears in the contract. (section 37) 4. Third persons: â€Å"When a promisee accepts performance from a third person, he cannot afterwards enforce it against promisor†. 5. Joint promisors: â€Å"When two or more persons have made a joint promise, all such pers ons must jointly fulfil the promise, unless a contrary intention appears from it†. Agency In law, the relationship that exists when one person or party (the principal) engages another (the agent) to act for him, e. g. to do his work, to sell his goods, to manage his business. The law of agency thus governs the legal relationship in which the agent deals with a third party on behalf of the principal. The competent agent is legally capable of acting for this principal vis-a-vis the third party. Hence, the process of concluding a contract through an agent involves a twofold relationship. On the one hand, the law of agency is concerned with the external business relations of an economic unit and with the powers of the various representatives to affect the legal position of the principal. On the other hand, it rules the internal relationship between principal and agent as well, thereby imposing certain duties on the representative (diligence, accounting, good faith, etc. ). Under section 201 to 210 an agency may come to an end in a variety of ways: (i) By the principal revoking the agency – However, principal cannot revoke an agency coupled with interest to the prejudice of such interest. Such Agency is coupled with interest. An agency is coupled with interest when the agent himself has an interest in the subject-matter of the agency, e. g. , where the goods are consigned by an upcountry constituent to a commission agent for sale, with poor to recoup himself from the sale proceeds, the advances made by him to the principal against the security of the goods; in such a case, the principal cannot revoke the agent’s authority till the goods are actually sold, nor is the agency terminated by death or insanity. Illustrations to section 201) (ii) By the agent renouncing the business of agency; (iii) By the business of agency being completed; (iv) By the principal being adjudicated insolvent (Section 201 of The Indian Contract Act. 1872) The principal also cannot revoke the agent’s authority after it has been partly exercised, so as to bind the principal (Section 204), though he can always do so, before such authority has been so exercised (Sec 203). Further, as per section 205, if the agency is for a fixed period, the principal cannot terminate the agency before the time expired, except for sufficient cause. If he does, he is liable to compensate the agent for the loss caused to him thereby. The same rules apply where the agent, renounces an agency for a fixed period. Notice in this connection that want of skill continuous disobedience of lawful orders, and rude or insulting behavior has been held to be sufficient cause for dismissal of an agent. Further, reasonable notice has to be given by one party to the other; otherwise, damage resulting from want of such notice, will have to be paid (Section 206). As per section 207, the revocation or renunciation of an agency may be made expressly or impliedly by conduct. The termination does not take effect as regards the agent, till it becomes known to him and as regards third party, till the termination is known to them (Section 208). When an agent’s authority is terminated, it operates as a termination of subagent also. (Section 210) How to cite Contract Act 1872, Papers

The Peter Russell Rock Garden-Free-Samples -Myassignmenthelp.com

Question: Discuss three of the rock samples from the Peter Russell Rock Garden". Answer: The rocks from the Peter Russell Rock Garden Discussion The Peter Russell Rock Garden is one of the famous gardens of rocks which is situated in Ontario in the campus of Waterloo University. The garden was designed in the year of 1982 as a celebration part of the twenty-fifth anniversary of the Waterloo University. The president J. Gerald Hagey inaugurated the garden in the garden of the university campus. The special feature of the garden is the almost 70 kinds of different rocks are present in that garden which makes the best geographical view of that place. In this garden Frank Slide boulder, anthracite coal, and even Wawa gold ore are some rocks which have another geographical names (Waldron, et al. 2016). Jasper Conglomerate Jasper Conglomerate is a form of Paleoproterozoic quartz and jasper pebble conglomerate which was found in the middle part of the Lorrain Formation of the Cobalt Group and the formed under the Huronian Supergroup. The geologist give some specialized name of this rocks are pebble jasper conglomerate, St. Joseph Island puddingstone, Drummond Island puddingstone, Michigan puddingstone (Yorath Gadd, 2017). These rocks are mainly formed near the area of St. Joseph Island and St. Mary River which is situated in the Bruce Mines of the Northern Ontario. The rock is mainly consists of several materials like the red jasper pebbles which is composed by the sandy gravels and also includes white, semi-transparent and black quartzite. This rock is mainly consists of more pebbles than other mixtures. The rock is looks like a cryptocrystalline bolder size pebble which are shown in the glacial erratic in the Pleistocene glacial tills and drift. It is a thick material which is forming in the Mississippi Delta. The Jasper Conglomerate is mainly getting the formation by the river deltas which drained a landmass towards the north. The Jasper Conglomerate mainly formed almost 2.2 2.5 billion years ago and in the Peter Russell Rock Garden it was the first rock that was found. In the park it can be find under the sand and the Ontario Place (Waldron, et al. 2016), Toronto donate this rock in the park. In the park it was also known Pudding Stone in Peter Russell Rock Garden. This stone used as decorative stone which is consists of good polish. It can be formed in different color like bloodstone, green, and lemon. It is the most common types of rock which are uses as gems and the Imperial Jasper and Madagascar Jasper are the rarest among others. People uses this rocks as a gemstone and fashionable junk jewelers (Bonetto, et al. 2017). Gneiss, Grenville Province Gneiss is a form of rock which is mainly processed by the high grade regional metamorphic or the sedimentary rock. It is basically the composed layers of sheet-like planar structures which is foliated in alternative darker and lighter colored bands. The minerals are recrystallized with heat and pressure which made the transformations of the rock (Duca, Alonso Scavia, 2015). It is mainly form from the shale which is also known as sedimentary rock then it is compiling with the phyllite, schist and slate. Thos rock is sometime known as garnet gneiss" and "biotite gneiss." There are different types of Augen gneiss whixch is the formation of metamorphism of granite, Henderson gneiss which is form in two sequentials, Lewisian gneiss which is mainly found in the Scottish mainland and metamorphosed by several mixtures of marble, quartzite and mica schism and another forms is Archean and Proterozoic gneiss which is used in the Sphinx of Taharqo of the Nile Valley. Gneisses from western Greenland comprise the oldest crustal rocks known. Gneiss is an old German word meaning bright or sparkling. These rocks are mainly found before the 1-2 million years ago. They are actually found in the North Bay or Red Bridge of Ontario. The Gneiss is the metamorphosed rock which became the granite and formed the sedimentary rock. The gneiss becomes pink for the presence of Muscovite which is one of the interesting facts about it (Ietto Bernasconi 2016). The gneiss rocks are mainly uses for the flooring in houses, offices and any place. As a ornamental stone, it is very well known rocks which can be find in any places. For the formation of gravestones it is one the favorite rocks which are uses. These kinds of rocks are quite famous in the Peter Russell Rock Garden which help to increase the geographical value of the park. Amabel Dolostone, Paleozoic Sedimentary Rock The Dolostone or dolomite rock is one kind of sedimentary carbonate rock which is consists of mineral dolomite and CaMg(CO3)2. There are equal amount of magnesium and calcium are also found this rock. The formation of the dolostone is mainly occurring with magnesium which is replaced by the limestone or lime mud which can be related with the lithification. The dolomite sometimes becomes dolomitic limestone which is the conversion of calcite to by dolomitization. The dolomites mainly found in different caves which are actually form with limestone which was also dissolute by the carbonic acid. It is the form of Paleozoic Sedimentary Rock which mainly found in the Arizona or several caves. The limestone and sandstones are kinds of the Paleozoic Sedimentary rock (Agbogun, Al Hussein, 2013). The Amabel Dolostone which is the form of Paleozoic Sedimentary rock is found from the 545- 248 million years ago. It is one the evaluated rocks in the rock family which was change through different states of periods. The Amabel Dolostone is nowsays find in the Wiarton, Ontario, this is the greatest formation of caproack of the Niagra Escarpment. The formation of the rock was processed by the warm, sea salt which is located in the Michigan Basin. The presence of the Magnesium helps to destroy the microscopic fossils which fill with the minerals and in the area of Wiarton it is also known as Vugs which is mainly consists with the zinc sulphide and needed minerals (Liu et al., 2014). The Amabel Dolostone is uses as the building stones, crushed stones, flux stone and the products which are made by the dolomite lime. The collective stones from the Adair Marble Quarries are used in one of the famous building in U.S.A which is Canadian Embassy. This is one of the important rocks which are present in the Peter Russell Rock Garden which are used for the making of the buildings. References Agbogun, H. M. D., Al, T. A., Hussein, E. M. (2013). Three dimensional imaging of porosity and tracer concentration distributions in a dolostone sample during diffusion experiments using X-ray micro-CT. Journal of contaminant hydrology, 145, 44-53. Bonetto, S., Comina, C., Colombero, C., Pierre, F. D., Ferrero, A. M., Giordano, N., ... Vagnon, F. (2016). Study of the Mechanical Properties of a Conglomerate. Procedia Engineering, 158, 248-253. Duca, S., Alonso, E. E., Scavia, C. (2015). A permafrost test on intact gneiss rock. International Journal of Rock Mechanics and Mining Sciences, 77, 142-151. Ietto, F., Bernasconi, M. P. (2016). Evidences of fossil landslides from the Lower Pleistocene on the northwestern margin of the Mesima basin (southern Calabria, Italy). RENDICONTI ONLINE SOCIETA GEOLOGICA ITALIANA, 38, 65-68. Liu, H., Wang, B., Shu, L., Jahn, B. M., Lizuka, Y. (2014). Detrital zircon ages of Proterozoic meta-sedimentary rocks and Paleozoic sedimentary cover of the northern Yili Block: Implications for the tectonics of microcontinents in the Central Asian Orogenic Belt. Precambrian Research, 252, 209-222. Waldron, J. W., Locock, A. J., Pujadas-Botey, A. (2016). Building an Outdoor Classroom for Field Geology: The Geoscience Garden. Journal of Geoscience Education, 64(3), 215-230. Waldron, J. W., Locock, A. J., Pujadas-Botey, A. (2016). Building an Outdoor Classroom for Field Geology: The Geoscience Garden. Journal of Geoscience Education, 64(3), 215-230. Yorath, C., Gadd, B. (2017). Of rocks, mountains and Jasper: a visitor's guide to the geology of Jasper National Park. Dundurn.