Offer and acceptance Essay Example | Topics and Well Written Essays - 2000 words

Offer and acceptance - Essay Example Any person who feels that the partner has failed to honor a promise can always seek a legal compensation for the breach. For a contract to occur, there must be other preludes that come in the first place, a contract can only be construed following successful offer advanced by the offeror to the offeree and the offeree responds by agreeing with the terms set by the offeror. The offers made by the offeror to the offeree in most cases are time bound and without communication from the offeree within the specified time, the offeror may consider the offer not considered by the intended person (Elliott, and Frances, 1999). The other important factor in contracts is the mode of communication, if it is determined by the offeror to the offeree, then he/she is bound to use the same means of communication when accepting the offer. If the stated means is not used, then the offeree may not claim breach of contract by the offeror incase there is no response. To understand the formation of a contrac t in commercial law, it is important that we understand into details the components of what makes a contract enforceable legally. In this reference, we are going to look into details what constitutes an offer and acceptance in the formation of a contract, the distinguishing factor between an offer and invitation to treat with reference to presence or absence of an offer to warrant acceptance communication. Offer It is normally made by the offeror to the offeree, it stipulates the terms of the contract and in this sense, the recipient who is the offeree should examine all the factors relating to the terms of the offer and make a judgment to accept or not (Emerson, 2004). Once the offerer has made the acceptance, the contract becomes legally binding. This states that any breach of the terms from the either parties can be determined in the court of law for compensation. Offer can be made orally, faxed, emailed, or written and sometimes the offeror may insist on specific means of commun ication to be used by the offeror when making return communication. This must be adhered to and in the case of non-compliance and the offeree uses another means, contract is said not to have occurred (Emerson, 2004). Invitation to treat is sometimes confused for offer; it simply denotes the willingness of an individual to negotiate a contract with an interested party. Circumstances under which invitation to treat are considered includes, auctions, exhibitions, window displays, and advertisements (Keenan, Denis, and Sarah, 2007). They do not form part of a contract since they are not considered as offer. After the communication of an offer to the intended recipient, the offeree is expected to internalize the offer before making acceptance. The offer should be accepted by the offeree as it reads and any alteration on the offer will be considered counter attack on the offer and kills the spirit of the offer in culminating into a contract. If the offeree considers any change of the term s as communicated by the offeror, they should make up for an add which along with the unaltered initial offer should be communicated to the offeror for consideration (Keenan, Denis, and Sarah, 2007). It is important to note that the communication of the offer can be revoked before the offeree makes the acceptance. This communication will have to be addressed to the offeree individually

THE NOTION OF CHILD-INCLUSIVE MEDIATION Essay Example | Topics and Well Written Essays - 3250 words

THE NOTION OF CHILD-INCLUSIVE MEDIATION - Essay Example This approach definitely has its merits. Attaching considerable importance to the voice of the child is highly important during mediation processes and leads to reduced conduct problems among children.1 This also facilitates both the parents and the jury to acknowledge in a better way the child’s experiences, concerns, and desires2 and how to design parental responsibilities in accordance with those experiences later. But even after myriad benefits offered by the child-inclusive notion, the opponents of this mediation approach deny its credibility and argue that openly dragging children into the middle of the hot mess created by the parental conflict could inflict a wide variety of deteriorating effects on the raw minds of the young children. This could also make them experience divided loyalties, suffer from anxiety and confusion as they may feel overburdened by offering their opinions.3 In addition to this, a child may feel disappointed when he/she expresses his/her views bu t realizes later that those views were not listened to.4 This essay aims at contemplating the arguments both in favor and against of child-inclusive strategy by exploring research literature in an attempt to evaluate the credibility of the argument that child-inclusive mediation is flawed and misguided. In order to validate discussion, the relevant research is also presented with special reference to the rights of the child. A growing body of research could be found presently related to the concepts of child-inclusive and child-focused mediation both of which are child welfare oriented strategies but stand in stark contrast to each other in terms of practical procedure. While child-focused intervention encourages parents to address the child’s needs without any direct involvement of the children,5 the child-inclusive intervention includes separate consultation by a specialist with the children.6 Mediation is important because otherwise post-separation court visits, legal affa irs, and acrimonious family disputes together inflict a profoundly devastating influence on the minds of innocent children related to aggression, impulsivity, delinquency, depression, peer difficulties, and academic achievement.7 It is further claimed that for about 10% of all divorcing couples, the unremitting animosity will shadow the entire growing up years of their children.8 General consensus is that long-standing, unresolved, and harsh conflicts prove to be highly risky for not only the parents but for the children also9 and it has been repeatedly suggested that family disputes which are tried to be resolved by involving courts take considerably more time than which are resolved through the aid of cost-effective10 mediation. Ineffective communication between parents following separation readily fosters flawed parenting which leaves the child stuck in the middle of chaos11 and it is advised that the quality of parenting provided by both parents following separation and divorce is as important as conflict in determining children’s outcomes.12 Mediation is effective in this regard because not only it seeks to resolve chronically bitter family disputes but also provides opportunities to exit the legal system at the earliest point possible.13 Though the basic aim of child inclusive practice is to enable parents to become bigger, stronger, wiser, and kinder,14 there is much conflict regarding which mediation approach should be used and the issue is hotly debated so as to find out which way would produce least ruthless effects on the children. It is widely believed that the voice of the child is important and should be heard during times of parental