John Adams Essays (1417 words) - Adams Family, John Adams

John Adams The Revolution was effected before the war commenced. The Revolution was in the minds and hearts of the people... This radical change in the principles, opinions, sentiments, and affections of the people was the real American Revolution. John Adams -- 1818 In three remarkable careers--as a foe of British oppression and champion of Independence (1761-77), as an American diplomat in Europe (1778-88), and as the first vice-president (1789-97) and then the second president (1797-1801) of the United States--John Adams was a founder of the United States. Perhaps equally important, however, was the life of his mind and spirit; in a pungent diary, vivid letters, learned tracts, and patriotic speeches he revealed himself as a quintessential Puritan, patriarch of an illustrious family, tough-minded philosopher of the republic, sage, and sometimes a vain, stubborn, and vitriolic partisan. John Adams was born in Braintree (now Quincy), Mass., on Oct. 30, 1735, in a small saltbox house still standing and open to visitors. His father, John Adams, a deacon and a fifth-generation Massachusetts farmer, and his mother, the former Suzanna Boylston, were, their son wrote, both fond of reading; so they resolved to give bookishly inclined John a good education. He became the first of his family to go to college when he entered Harvard in 1751. There, and in six further years of intensive reading while he taught school and studied law in Worcester and Boston, he mastered the technicalities of his profession and the literature and learning of his day. By 1762, when he began 14 years of increasingly successful legal practice, he was well informed, ambitious, and public spirited. His most notable good fortune, however, occurred in 1764 when he married Abigail Smith. John Adams's marriage of 54 years to this wise, learned, strong-willed, passionate, and patriotic woman began the brilliant phase of Adams family history that produced their son John Quincy, his son Charles Francis, his sons Henry and Brooks, and numerous other distinguished progeny. In 1761, John Adams began to think and write and act against British measures that he believed infringed on colonial liberties and the right of Massachusetts and the other colonies to self-government. A pamphlet entitled A Dissertation on the Canon and the Feudal Law and town instructions denouncing the Stamp Act (1765) marked him as a vigorous, patriotic penman, and, holding various local offices, he soon became a leader among Massachusetts radicals. Although he never wavered in his devotion to colonial rights and early committed himself to independence as an unwelcome last resort, Adams's innate conservatism made him determined in 1770 that the British soldiers accused of the Boston Massacre receive a fair hearing. He defended the soldiers at their trial. He also spoke out repeatedly against mob violence and other signs of social disintegration. In 1774-76, Adams was a Massachusetts delegate to the Continental Congress in Philadelphia. His speeches and writings (especially a newspaper series signed Novanglus in 1775) articulating the colonial cause and his brilliant championing of American rights in Congress caused Thomas Jefferson to call him the Colossus of Independence. Adams helped draft the Declaration of Independence, secured its unanimous adoption in Congress, and wrote his wife on July 3, 1776, that the most memorable Epoch in the History of America has begun. After 18 months of toil in committee and on the floor of Congress managing the American Revolution, Adams crossed the Atlantic to be an American commissioner to France. The termination of this mission after less than a year in Paris allowed him to return home long enough to take a leading role in drafting the new Massachusetts constitution. He sailed again for Europe, accompanied by two of his sons, in November 1779 as a commissioner to seek peace with Britain. After quarrels in Paris with Benjamin Franklin and French officials, he left for the Netherlands, where he secured Dutch recognition of American independence and a substantial loan as well. He returned to Paris in October 1782 to insist on American rights (especially to fish on the Grand Banks of Newfoundland) in the negotiations that led to Britain's recognition of the independence of the United States in the Treaty of Paris of Sept. 3, 1783. For two more years Adams helped Franklin and Jefferson negotiate treaties of friendship and commerce with numerous foreign powers. Then, appointed the first American minister to Britain, Adams presented his credentials to George III in 1785, noting his pride in having the distinguished honor to be the first {ex-colonial subject} to stand in your Majesty's royal presence in a diplomatic character. The king, aware

Minor charactors

Minor charactors There are many minor characters in Arthur Miller's play, All My Sons. For instance there is Bert, a eight-year-old boy, who visits Joe Keller twice during the course of the play. there is also Frank and Linda Lubey, neighbors of the Keller's. This couple bought Ann's house after she moved out. There is also Dr. Jim Bayliss and his wife Sue, who are friends of the Keller's. The last minor character is George Deever, Ann's brother. Out of all of these actors only two of them have and important impact on the course of the play. They are George Deever and Frank Lubey. Both characters have minor parts, meaning they are only seen very infrequently. The reader only meets George in the second scene and he is gone by the third scene, and Frank is only seen very sparsely throughout the play. Frank Lubey is a very important character because of what he represents to Kate Keller.Frank Coraci and Kate Beckinsale in San Sebastian ...

Health care marketing techniques Essay Example | Topics and Well Written Essays - 750 words

Health care marketing techniques - Essay Example Initially the health care marketing was using mass media marketing approach to reach the customers where uniform messages were provided to the general public. This was the era, ‘all things to all people’. This is done through television, radio and internet. But gradually the health professionals learned that this was not an efficient means of reaching the potential customers. They started to adopt the more targeted approaches to get better potential customers. As the marketing of health care become more accepted, they jumped on the marketing of health care organizations. The most well known hospital’s was emphasized and marketed its image rather than the services. They focused on the infrastructure and reputation of the organization. But this era of hospital marketing was also not realistic. Hospital marketing was considered fundamentally different from the product and service marketing. Then the health care marketing targeted on specific audience. They started em phasizing the service marketing. A specific service is provided for the particular needed audience. Marketing communication is to attract more patients’ volume by promoting high expectations. But only when the patient expects better experience, better confidence, better outcomes and strong basis for preferring one provider over another. Thus, marketing communication often promise or provide hints at better experience or outcomes. In the consumer driven market, the quality and safety issues are informed. The consumers are not making purchase once a year they choose a health plan for every day and they have a lot for choice. They want to gather maximum information about the product or services with the quality and cost. They take the suggestions of the third party and evaluate it. It’s the ability of the company to provide maximum information about the product or service. They

Housing issues and housing solutions Essay Example | Topics and Well Written Essays - 3250 words

Housing issues and housing solutions - Essay Example The residential facilities are poorly repaired and maintained and the security in the locality is compromised. This has seen several tenants shift to other residential facilities not managed by the firm. This discourse is an advice to Riverslake Housing Association in its housing management strategies. Involving tenants in vital decision making in matters regarding housing estate management have proven to be of great importance. For instance, In Tamworth, Landlord Services Tenancy agreement was reviewed on consulting the tenants and it is one of the best agreements ever achieved. Tenants also participated in the initiation of Housing Revenue account (HRA) and this has been helpful to both the tenants and the landlords. Such involvement also saw the launch of various projects dubbed ‘plant a pot’ and ‘Grow your own’ and these are meant to conserve the environment and create a sense of belonging among the tenants. Furthermore, ‘the love where you live’ and ‘BIG Tidy Up’ campaigns has resulted to clean living environments and united tenants, this would not be achieved if every decisions were made by the housing estate managers. Consulting tenants ensures that services provided are accordance to the tenants needs. Tenants would be exact or precise on their wishes and needs and this would help the housing estate managers save time and resources to fix specific areas as per the tenants needs. Furthermore, this would retain the existing tenants and attract more as there wishes and needs are well taken care of. Major housing management firms in California opted to involve their tenants in major decision making and this increased their income by 12% according to the report dubbed, ‘involving tenants’ This encourages them to pay their dues or rent in good time and this advantageous to the housing managers (Audit

Your Thoughts Essay Example | Topics and Well Written Essays - 500 words

Your Thoughts - Essay Example repeated emphasis on proper concepts, the asking of different questions, and the elaborate examples point out that the intention of the author is to make the reader realize the gravity of the situation. He does, in fact, succeed in doing so. It is indeed true that the subject of mathematics is taught as a necessity. Mathematics is used in every aspect of life and in every field of work that is why it is becoming essential. However, the need for the study of mathematics has made it nothing but a burden on students. The result is that the students, instead of appreciating the ‘beauty’ of mathematics, consider it important for their respective fields only. The mode of instruction, as the author states, is a very important reason for this attitude. The mode of instruction in the primary and elementary schools is, indeed, not up to the mark. Often, students are just spoon-fed the knowledge of the things around them. This approach may be appropriate for subjects like history where the students cannot really ask why some event took place. However, when it comes to the study of mathematics, this approach is not acceptable. Mathematics is a subject that is primarily based on the study of concepts. This means that the teaching of mathematics should ideally require the understanding of why a particular phenomenon takes place. An example, according to the author, would be the concept of why the area of a rectangle is determined by taking the product of length and width. The previously mentioned mode of instruction, employed by teachers, however, completely ruins the idea of the teaching of mathematics. The stress of teachers on learning how to solve problems has many implications. Firstly, the thinking process of students is hindered as a result of rote learning. Students generally develop thinking and analytical skills in their early years of education. If the teachers impose a certain way of doing things in that early phase, the students may never be able to think

Importance of Exercise With Cystic Fibrosis

Importance of Exercise With Cystic Fibrosis Critically analyse how the physiological benefits of exercise contribute to an improvement in coping with the physical demands of everyday life in this client group and how it compares with traditional Physiotherapy Techniques (Postural Drainage and Percussion) Cystic fibrosis is an inherited disease very common among Caucasians, but rare in Asians and Negroes. It is an autosomal recessive condition, with an estimated one in twenty of a Caucasian population heterozygous for the condition. The number of live births of children having cystic fibrosis is high; between 1 in 500 and 1in 3000 (P. Howard, 1991 p.137), or 1 in 2000 (P. McGowan, 20003 p.142, G.K. Crompton, 1987 p.289). In the UK a figure of 1 in 4000 is given (W.J.M/ Kinnear et al, 1999 p.52). Kinnear et al (p. 52) also suggest a reason for the extremely high number (1 in 20) of heterozygotes in the population, that perhaps this high number is the result of some selection advantage, in this case possibly providing some protection from severe secretory diarrhoea caused by for example cholera. A mutation in a single gene (called pf) causes a defect in a plasma membrane protein called cystic fibrosis transmembrane conductance regulator (CFTC). This gene is found on chromosome 7 (W.J.M. Kinnear et al, 1991 p. 52), and it is this gene that normally controls the movement of calcium ions. With it non-functional, calcium ions cannot pass through the membrane (P.H. Raven G.B. Johnson, 2002 p.261). As with many other inherited disorders, the pf gene has pleiotropic effects, i.e. one gene has multiple effects, in this case overly sticky mucus, clogged blood vessels, salty sweat, pancreas and liver failure and many other symptoms (Raven Johnson, 2002, p.253). Sometimes the gene appears to have the correct amino acid sequence but the condition is still produced. This appears to be due to a defect in one of the chaperone proteins, proteins that enable the gene product to fold to its final form. With the chaperone protein defective this does not occur and so cystic fibrosis is still the result (P.H. Raven GB Johnson, 2002 p.44). The table below shows (a) features of cystic fibrosis, (a) and (b) some complications arising from it. FEATURES OF CYSTIC FIBROSIS Respiratory manifestations Gastrointestinal manifestations Recurrent bronchopulmonary infection Meconium ilius Bronchiectasis Rectal prolapse Diarrhoea Failure to thrive Malabsorption COMPLICATIONS OF CYSTIC FIBROSIS Respiratory complications Other complications Bronchiectasis Abdominal pain Cor pulmonale Biliary cirrhosis Haemoptysis Delayed puberty Lobar collapse Diabetes mellitus Allergic aspergillosus Gall stones Sinusitis Growth failure Nasal polyps Male infertility Wheezing Portal hypertension Pneumothorax Rectal prolapse (Definitions:cor pulmonale: disease of the heart characterised by hypertropy and dilation of the right ventricle and secondary disease of the lungs or their blood vessels. Bronhiectasis: a chronic inflammatory or degenerative condition of one or more bronchi or bronchioles marked by dilation and loss of elasticity of the walls. Anon, 2006 in Medline Plus, Medical Dictionary) Other complications can also occur, some these being given by P. McGowan (2003 p.142) as Meningitis, Metastatic abscess (e.g. in the brain, and Amyloid formation (e.g. in the kidney). At present cystic fibrosis is always a fatal condition, death occurring either from the condition itself, or from one of its many complications. However the outlook for the patient, both in terms of life span and quality of life has continued to improve over the last few decades. Where once it was largely a disease of childhood with only about 5% reaching the age of 17, a 1987 publication estimates perhaps 25% surviving to age 20 (G.K. Crompton, 1987 p. 292). By 2003 though, the mean survival had risen to 29 years (P. McGowan, 2003. p.143). There are several methods of treatment for cystic fibrosis, improvements in some of these being responsible for much of the improvement in outcome for patients seen today. These methods will be discussed, in particular the traditional physiotherapy methods of Postural Drainage and Percussion, and compared to the effect of exercise on the patient’s prognosis. But first a brief consideration of the effects of cystic fibrosis so that it is clear what the treatment is aiming to change. Cystic Fibrosis: Signs and Symptoms Cystic fibrosis is primarily a disease of the respiratory system, although various other parts of the body are also affected. It is caused by the gene mutation referred to in the introduction. There are up to 500 different mutations, but 3 main ones, which cause 90% of the cases (W.J.M. Kinnear et al, 1999, p.52). These adversely affect the exocrine glands and the mucus-secreting glands, resulting in excess mucus and difficulty in clearing it. All such glands are affected, thus its wide ranging effects on other organs apart from the lungs, e.g. the pancreas. The excess mucus production is difficult to remove, due to impaired ciliary action in the airways leading to repeat infections and bronchiectasis. The disease is normally present at birth, although initially it may be asymptomatic or confused with other respiratory conditions such as asthma. Early signs of the disease are not always of a respiratory nature however, as some new-borns present with meconium ilius, while in some young children malabsorption and failure to thrive occur (W.J.M. Kinnear et al, 1999, p.52). Respiratory complications are however, the main feature, and generally present by age ten. Thick, viscid mucus is produced which is difficult to shift, and the bronchial obstruction it causes leads to infection. This leads to further obstruction as DNA from dead bacteria increases the viscosity and so produces a cycle of infection and increasing viscosity. Coughs, occasional at first, become more frequent, eventually leading to bronchiectasis with persistant purulent sputum expectoration. There may be blood in the sputum (haemoptysis), wheezing and intestinal obstruction, and the patient may become breathless (P. Howard, 1991, p. 28). These conditions worsen, nutrition may be poor leading to stunted growth, and finger clubbing becomes common as bronchial infection takes hold, and finally, in the terminal stages there may be cyanosis and cor pulmonale As can be seen from the aforementioned, cystic fibrosis is not a straightforward disease, and often, especially in babies and young children positive diagnosis can be difficult. Symptoms may be similar to other respiratory conditions, particularly in the early stages, plus secondary conditions may occur. These include infections such as with Staphylococcal pneumonia, this initial infection allowing further infections with other bacteria, particularly where broad spectrum antibiotics have been used so removing non-pathogens and allowing colonisation by drug resistant Staphylococci. If the patient survives to 16 or 17 years of age gastrointestinal problems may continue, but then respiratory disease tends to dominate, ending with cor pulmonale and/or respiratory failure (P. Howard, 1991, p138). Because of the variety of symptoms and the difficulty sometimes of diagnosing cystic fibrosis, there is no one specific treatment, treatment being aimed at the removal of mucus secretions so aiding prevention and control of pulmonary symptoms (GK Crompton, 1987, p. 291). And this is the more effective the earlier in the disease process it is started. Thus a definite diagnosis as early as possible will lead to more effective treatment. Various tests are carried out when cystic fibrosis is suspected. This may be because of a family history of the disease, failure of the child to grow at the expected rate, gastrointestinal problems or other respiratory problems such as asthma with which it may be confused. Pre-natal diagnosis may be carried out by amniocentesis or chorion-villous sampling if parents are known to be carriers of the condition. Otherwise various tests, e.g. the Guthrie test, the Immunoreactive trypsin test or most commonly the Sweat test (in which raised levels of sodium and chloride in the sweat are taken as a clear indication of the disease and is the most accurate test for this) are carried out. However the sweat test is not always so effective in adults. Traditional Treatments: Postural Drainage and Percussion Once the condition has been diagnosed treatment should be started immediately, even if the child has only minor symptoms or is asymptomatic. Treatment(s) may be based on any or all of the following: Physiotherapy, Antibiotics, DNase (to degrade the bacterial DNA that builds up in the airways, Anti-inflammatory drugs and nutritional support. It is the physiotherapy treatment that will now be considered. The two traditional physiotherapy techniques that are used for Cystic Fibrosis patients are Postural Drainage and Percussion. As the name implies, the former technique centres around placing the patient in a particular posture to facilitate draining of excess mucus from the airways. It is used in the treatment of bronchiectasis and lung abscesses, and the patient is placed head downwards so that the trachea is down and below the affected area so allowing drainage to occur (Anon, 2006). The use of postural drainage has quite a long history, with the first reference to its use in 1901 by W. Ewart in the Lancet (L. Lannefors et al, 2004). Ewart suggested continuous drainage for hours, with the patient sleeping in the position if possible. For postural drainage their are 12 positions, one for each lung unit, and once the patient is in the appropriate one percussion is applied (L.Lannefors et al, 2004). Percussion is a technique used to assess changes in the thorax or abdomen, and is carried out by tapping the surface to deduce the underlying structure. It is â€Å"done with the middle finger of the right hand tapping on the middle finger of the left hand, which is positioned with the whole palm on the body† (Anon, 2006). This can produce four different sounds, sonorous, hypersonorous, relatively dull sound, or completely dull sound, these indicating the structure below. For example a solid mass will produce a dull sound, while a hollow, air-containing structure will produce a sonorous sound. No studies have been carried out on the effects of manual percussion, but it is thought that air trapped between the chest wall and the cupped hand produces a vibratory wave that loosens secretions attached to the airway walls. These two techniques are often used in conjunction, a problem with the postural draining being the time that the patient must lie in the appropriate position, an hour being suggested as the effective time. For babies and toddlers an hour in this position is only likely to be possible when they are asleep. For older patients compliance with the treatment may be difficult – how many children or teenagers can happily stay still in a particular position for up to an hour without boredom setting in? But what of the actual effectiveness of these techniques? They have been used for a long time now often with modifications to the original method. There is much in the literature concerning these methods but including much that is conflicting, leaving the benefit of these treatments not always clear. There are now many techniques for airway clearance including variations on the two in question, thus it is difficult to make a straight comparison between them all. SG Butler and RJ Sutherland (1998) looked at several airway clearance techniques and concluded that no one technique was shown superior to the others. But a long-term study comparing conventional postural drainage and percussion with the positive expiratory pressure (PEP) technique found PEP to be significantly better. One other study looking at several techniques concluded that there was no particular difference between them, but that all were better than no treatment (J Thomas D Brooks, 1995). More recent papers indicate a lesser use of postural drainage in its original form, for example BM Button et al, (2004), compared traditional postural drainage with a modified form and found that the latter resulted in less episodes of gastro-oesophageal reflux. Similarly a review of the physiotherapy management of hospitalised children (K Farbotko et al, 2005) revealed a significant decrease in the use of postural drainage, but an increase in the use of a modified postural drainage system, and positive expiratory pressure devices. Other methods showed no significant change in their use. Another recent study (F Dennis MJ Rosen, 2006) considered non pharmacological airway clearance therapies by reviewing many papers on the subject, and concluded that such therapies did increase airway clearance, but that their effect compared with the unassisted cough was unknown. Thus there are many studies but they are often not comparable, they assess different methods, do not always have large enough sample sizes to make statistical comparisons, and of course are using different groups of patients who may vary in many ways. For instance in age, sex, seriousness of their symptoms, or in compliance with the treatments. CM Oermann et al, (2000) found that it was the sicker patients who were more likely to be compliant, something that could skew results if not taken into account in further studies. Benefits of Exercise In recent years more emphasis has been placed on the use of exercise as a means of treating cystic fibrosis patients, and for these an improvement in aerobic capacity is particularly useful. Exercise has benefits for all, and changes in both anaerobic and aerobic systems can occur depending on the type of training undertaken. Improvements in anaerobic systems are of more use in preparing for short-lived events requiring power or speed, e.g. weight lifting or sprinting, while improvements in aerobic systems are needed for distance events. In patients whose respiratory systems are compromised as in cystic fibrosis there will often be a reduction in lung volume or distensibility, with a corresponding reduction in vital capacity, total lung capacity and also inspiratory muscle strength (M Estenne et al, 1993). For these patients aerobic exercise is likely to be useful. Aerobic respiration causes various changes in the individuals’ metabolism and in the cardiovascular and respiratory systems. Some of these are listed below, the list being compiled from Exercise Physiology, by McArdale et al, (1996) Metabolic Adaptations Mitochondria from trained skeletal muscle become larger and more numerous Increased capacity to generate ATP An increase in the trained muscles capacity to mobilise, deliver and oxidise lipids Increased carbohydrate metabolism Selective hypertrophy of fast and slow twitch muscle types depending on use Cardiovascular and Respiratory Adaptations Heart size generally increases Increase in plasma volume Heart rate decreases as a result of aerobic training The heart’s stroke volume and cardiac output increases A significant increase in quantity of oxygen extracted from the blood Aerobic training causes a large increase in total muscle blood flow during maximal exercise Blood pressure is reduced both at rest and at sub-maximal exercise Psychological benefits. A consideration of the above list indicates several changes of interest for the cystic fibrosis patient, for example the increase in oxygen extracted from the blood and an increase in the ability to oxidise lipids. And psychological changes produced by sport or any physical activity are important for both the healthy individual and the CF patient. It can reduce mild depression, aid in sleeping, and give confidence in ones physical abilities, all which will make the patient more confident in themselves and in their handling of their condition. Although exercise alone is not going to replace all other treatments, it has a definite place as one of them, especially in the earlier and milder stages of the disease. An overview of treatment for cystic fibrosis (L Lannefors et al, 2004), describes the methods used at the Lund CF Centre in Sweden, starting in the 1980’s. There the treatment is tailored to each individual, with an emphasis on physical activity and absolutely no use of postural drainage or percussion (not used there since 1983). The treatment is started as soon as the condition is diagnosed and incorporates much physical activity. This is particularly important for babies or very young children, as they need to get used to someone applying physiotherapy. Left to the age of 3 or 4 years the child may not be very amenable to what to them is a boring and pointless activity, but started sooner is more likely to accept the treatment. The activity part of the treatment is tailored for each individual with their input taken into account, and aims to keep air-ways as clear as possible using physical activity, and physical activity as therapy for adults with bronchiectasis has been described ( J Pryor, 2004). Although there appears to be little to back the approach considering the lack of rigorous clinical studies available, it does appear from accumulated clinical experience that patients benefit from it. The paper by DM Orenstein et al, (2004) considers at length strength and aerobic training in children with cystic fibrosis, with many similar points made as in L Lannefors et al, (2004) overview of CF treatments. The introduction to this paper contains a brief review of many others, often showing similarities in results but not backed up by rigorous clinical studies. This study is the first fully randomised trial, measuring fitness, pulmonary function and quality of life, and was tested on a home based exercise programme. The CF patients were chosen according to pre-set criteria and randomly allocated to treatments. Thus the results could be analysed to check for any significant changes in outcomes. Results for this study were not always as expected, particularly for the aerobic training group which showed no increase in measures of aerobic fitness over time. It did not produce any greater fitness or pulmonary function than strength training. However both groups showed significant increases in weight gain, of particular importance, as CF children are often underweight leading to increased morbidity and mortality. The trial did not always give the expected results, but as great care had been taken with the experimental design, at least the results could be properly quantified and analysed. Conclusion In conclusion, it would appear that work still needs to be done regarding appropriate experimental design, to fully understand the rationales for treatment, and to fully appreciate the effect of physical activity on aerobic capacity and disease progression. For as Orenstain et al comment: â€Å"Exercise has the ability to improve the ability of a patient with Cystic Fibrosis to cope with the physical demands of everyday life† (Chest 2004, 126:1204-1214) REFERENCES Anon (2006) Medline Plus on-line Medical Dictionary http://www2.merriam-webster.com/cgi-bin/mwmednlm accessed 29/04/06 Butler, SG, Sutherland, RJ (1998) Current airway clearance techniques. New Zealand Medical Journal vol 111:183-186 Button, BM, Heine, RG, Catto-Smith, AG, Phelan, PD Olinsky, A (2004) Archives of Disease in Childhood vol 89:435-439 Crompton,GK (1987) ‘Diagnosis and Management of Respiratory Diseases’ 2nd ed pub: Blackwll Scientific Publications Dennis, F, Rosen, MJ (2006) Monpharmacological Airway Clearance Therapies Chest. vol 129;250S-259S Estenne, M., Gevenois, PA, Kinnear, W, Soudon, P, Heilporn, A De Troyer, A. (1993) Lung volume restriction in patients with chronic respiratory muscle weakness: the role of microatelectasis. Thorax vol. 48(7):698-701 Farbotko, K, Wilson, C, Watter, P and MacDonald, J (2005) Change in physiotherapy management of children with cystic fibrosis in a large urban hospital. Physiotherapy Theory and Practice vol. 21(1)pp13-21 Howard, P (1991) ‘Respiratory Medicine in Clinical Practice’ pub: Edward Arnold Kinnear, WJM, Johnston, IDA. Hall, IP. (1999) ‘Key Topics in Respiratory Medicine’ pub: Biosis Scientific Publishers Lannefors, L, Button, BM Mcilwaine, M. (2004) Physiology in infants and young children with cystic fibrosis: current practice and future developments. Journal. of the Royal Society of Medicine vol 97 (suppl 44):8-25 McArdle, WC. Katch FI, Katch, VL. (1996) ‘Exercise Physiology: Energy, Nutrition, and Human Performance’ 4th ed. Williams Watkins, pub: McGowan, P (2003) ‘Respiratory System’ 2nd ed. Mosby, pub. McIlwaine, PM, Wong, LT, Peacock, D Davidson, AGF (1997) Journal of Pediatrics vol 131(4):570-574 Raven, PH Johnson, GB (2002) ‘Biology’ 6th ed. pub: McGraw Hill, Oermannr, CM, Swank, PR Sockrider, MM. (2000) Chest vol 118(1):92-97 Orenstein, DM, Hovell, Mulvihill, MF, Keating, KK, Hofstetter, CR, Kelsey, S, Morris, K, and Nixon, PA. (2004) Strength vs Aerobic Training in Children with Cystic Fibrosis. Chest. vol 126:pp 1204-1214 Pryor, J. (2004) Physical Therapy for Adults with Bronchiectasis. Clinical Pulmonary Medicine vol. 11(4):201-209 J R Soc Med 2004;97(suppl. 44):pp8-25 Thomas, J, Cook, DJ Brooks, D. (1995) Chest physical therapy management of patients with cystic fibrosis: a meta-analysis. American Journal of Respiratory and Critical Care Medicine. vol 151 (3 part 1):846-850

Minimum Wage Isnt A Living Wage :: Minimum Wage Essays

Reasons for Minimum Wage Worker’s Tough Lives In 1938, federal minimum wage legislation became effective for the first time when the Fair Labor Standards Act passed (Sidey 573). After sixty-seven years, today, the minimum wage, which was originally set to make sure that working people could support themselves and their family, increased twenty times (Sidey 573). Nevertheless, the low-wage workers have never gotten rid of the hardship in their lives. Two main reasons cause the current situation. The increasing renting prices and the increasing rate of health care, which exceeds low-wage workers’ real income by quite a lot, make their lives tough all the time. Minimum wage, the smallest amount of money per hour that an employer may legally pay a worker, became a part of state law in Massachusetts in 1912 (Sidey 573). After 14 other states, the District of Columbia, and Puerto Rico set similar laws in America, the first federal minimum wage legislation became valid. The Fair Labor Standards Act of 1938 â€Å"firmly established the federal government as a regulator of wages in the United States by establishing a minimum hourly wage for all employees engaged in interstate commerce or in the production of goods for interstate commerce† (Huckshorn 167). Based on 2004’s Current Population Survey of America, today two million workers earn at or below minimum wage out of 73.9 million American workers who are paid at hourly rates (Characteristics). In 1996, the minimum wage raised to $5.15 per hour. Some people argue that this federal legislation helped low-wage workers a lot. Nevertheless, low-wage people are still suffering from hardship because of the big gap between their incomes and expenditures. In 1998, the minimum-wage was â€Å"$2,500 below the poverty line for a three-person family† if a worker works 40 hours a week without vacations (Rothman). The minimum wage should be $6.24 to maintain the same average purchasing power in 1998 as â€Å"it averaged in the 1970s† (Rothman). Up until 2005, in California, nearly 16 percent of Californian low-paid workers live below the poverty line according to a study of State Industrial Welfare Commission of California (Garcoa). These figures and examples denied the argument that this federal legislation helped low-wage workers’ lives. Two main reasons cause the big gap between minimum-workers’ real income and basic living requirements, the persistent increasing of the rental price and health premiums. The first reason for hardship concerns the high rental prices in America

The “Homeless”

Children†s health Many people call or write the National Coalition for the Homeless to ask about the number of homeless people in the United States. There is no easy answer to this question, and in fact, the question itself is misleading. In most cases, homelessness is a temporary circumstance — not a permanent condition. A more appropriate measure of the magnitude of homelessness is therefore the number of people who experience homelessness over time, not the number of â€Å"homeless people. † Studies of homelessness are complicated by problems of definitions and methodology. This fact sheet describes definitions of homelessness, methodologies for counting homeless people, recent estimates of homelessness, and estimates of the increase in homelessness over the past two decades. Additional resources for further study are also provided. As a result of methodological and financial constraints, most studies are limited to counting people who are literally homeless — that is, in shelters or on the streets. While this approach may yield useful information about the number of people who use services such as shelters and soup kitchens, or who are easy to locate on the street, it can result in underestimates of homelessness. Many people who lack a stable, permanent residence have few shelter options because shelters are filled to capacity or are unavailable. A recent study of 30 U. S. cities found that in 1998, 26% of all requests for emergency shelter went unmet due to lack of resources (U. S. Conference of Mayors, 1998). In addition, a review of homelessness in 50 cities found that in virtually every city, the city's official estimated number of homeless people greatly exceeded the number of emergency shelter and transitional housing spaces (National Law Center on Homelessness and Poverty, 1999). Moreover, there are few or no shelters in rural areas of the United States, despite significant levels of homelessness (Aron and Fitchen, 1996). As a result of these and other factors, many people who lack permanent housing are forced to live with relatives and friends in crowded, temporary arrangements. People living in unstable housing arrangements who lack a permanent place to stay are experiencing a kind of homelessness, but because they are not â€Å"literally homeless,† they will not be counted. Researchers use different methods to measure homelessness. One method attempts to count all the people who are literally homeless on a given day or during a given week (point-in-time counts). A second method of counting homeless people examines the number of people who are homeless over a given period of time (period prevalence counts). Choosing between point-in-time counts and period-prevalence counts has significant implications for understanding the magnitude and dynamics of homelessness. The high turnover in the homeless population documented by recent studies (see below) suggests that many more people experience homelessness than previously thought, and that most of these people do not remain homeless. Because point-in-time studies give just a â€Å"snapshot† picture of homelessness, they only count those who are homeless at a particular time. Over time, however, some people will find housing and escape homelessness while new people will lose housing and become homeless. Systemic social and economic factors (prolonged unemployment or sudden loss of a job, lack of affordable housing, domestic violence, etc. ) are frequently responsible for these episodes of homelessness. Point-in-time studies do not accurately identify these intermittently homeless people, and therefore tend to overestimate the proportion of people who are chronically homeless — particularly those who suffer from severe mental illness and/or addiction disorders and who therefore have a much harder time escaping homelessness and finding permanent housing. For these reasons, point-in-time counts are often criticized as misrepresenting the magnitude and nature of homelessness. There is another important methodological issue that should be considered. Regardless of the time period over which the study was conducted, many people will not be counted because they are not in places researchers can easily find. This group of people, often referred to as â€Å"the unsheltered† or â€Å"hidden† homeless, frequently stay in automobiles, camp grounds, or other places that researchers cannot effectively search. For instance, a national study of formerly homeless people found that the most common places people who had been literally homeless stayed were vehicles (59. 2%) and makeshift housing, such as tents, boxes, caves, or boxcars (24. 6%) (Link et al. , 1995). This suggests that homeless counts may miss significant numbers of people who are literally homeless, as well as those living in doubled-up situations. There are at least four widely used national estimates of homelessness. Many are dated, or based on dated information. For all of the reasons discussed above, none of these estimates represents â€Å"how many people are homeless. The most widely cited example of a point-in-time estimate is the approximately 500,000-600,000 homeless people found in shelters, eating at soup kitchens, or congregating on the street during one week in 1988 (Burt and Cohen, 1989). 700,000+/night; 2 million/year (1999) The 500,000-600,000 estimate is sometimes updated by using a projected rate of increase of 5% a year to produce an estimate of over 700,000 people homeless on any given night, and up to 2 million people who experience homelessness during one year (National Law Center on Homelessness and Poverty, 1999). In 1990, a national telephone survey identified formerly homeless people and produced life-time and five-year prevalence estimates of homelessness. Seven percent of the respondents reported that they had been literally homeless at some point in their lives, and three percent reported being homeless at some point between 1985-1990 (Link et al. ,1994). The Clinton Administration's Priority Home! The Federal Plan to Break the Cycle of Homelessness uses this data, corrected to include children, to estimate that between 4. 95 million to 9. million people (with a mid-point of 7 million) experienced homelessness in the latter half of the 1980s. A second study was undertaken in 1994 to refine the analysis with more explicit definitions and detailed information. This study found that 6. 5% (12 million adults nationwide) of the respondents had been literally homeless at some point in their lives, and that 3. 6% (6. 6 million adults nationwide) of the respondents had experienced homelessness (literal or doubled up) between 1989-1994 (Link et al. , 1995). Thus, it appears that 12 million of the adult residents of the U. S. ve been literally homeless at some point in their lives. Dennis Culhane's study of turnover rates in shelters in New York City and Philadelphia is another example of a period prevalence count. This study revealed that 3% of Philadelphia's population used the public shelter system between 1990 and 1992, and that in New York, 3% of the population received shelter between 1988-1992 (Culhane et al. , 1994). The Culhane study also found that in New York City, a single shelter bed accomodates four different people in the course of a year; in Philadelphia, each bed accomodates six different persons per year. Because this study did not include persons in privately funded shelters or on the streets, the findings underestimate homelessness in both cities. A study by Martha Burt compared these rates with data from seven other jurisdictions (Burt, 1994). The comparison showed that the New York City and Philadelphia rates fall well within the range of data from other regions of the country. One limited measure of the growth in homelessness is the increase in the number of shelter beds over time. A 1991 study examined homelessness â€Å"rates† (the number of shelter beds in a city divided by the city's population) in 182 U. S. cities with populations over 100,000. The study found that homelessness rates tripled between 1981 and 1989 for the 182 cities as a group (Burt, 1997). A 1997 review of research conducted over the past decade (1987-1997) in 11 communities and 4 states found that shelter capacity more than doubled in nine communities and three states during that time period (National Coalition for the Homeless, 1997). In two communities and two states, shelter capacity tripled over the decade. These numbers are useful for measuring the growth in demand for shelter beds (and the resources made available to respond to that growth) over time. They indicate a dramatic increase in homelessness in the United States over the past two decades. By its very nature, homelessness is impossible to measure with 100% accuracy. More important than knowing the precise number of people who experience homelessness is our progress in ending it. Recent studies suggest that the United States generates homelessness at a much higher rate than previously thought. Our task in ending homelessness is thus more important now than ever. The National Coalition for the Homeless provided leadership in the successful effort to pass the Stewart B. McKinney Homelessness Assistance Act in 1987. Since then, NCH has continued to monitor the reauthorization and appropriations process for McKinney Act programs and other programs affecting poor and homeless people. NCH supports legislation to provide an adequate supply of affordable housing, jobs which pay a living wage, and universal access to health care. Legislative Alerts Learn about homelessness-related legislation being considered by Congress and what you can do about it. General Homelessness Issues NCH's 2000 Federal Legislative Agenda This document provides an overview of NCH's federal legislative priorities for 2000, including housing, health, education, income, and civil rights. The McKinney Act The Stewart B. McKinney Homeless Assistance Act was the first — and remains the only — major federal legislative response to homelessness. This fact sheet provides a brief history of the McKinney Act, describes its content and evolution, and summarizes recent trends in McKinney Act legislation and funding. Funding and Budget Issues Appropriations for Federal Homeless Programs Table of FY95-00 funding levels for homeless programs. FY2001 Budget and Homelessness This page summarizes the most recent budget and appropriations legislation and provides NCH's recommended funding levels for federal homeless programs. Housing and Shelter Issues Community Housing Investment Trust Discusses key provisions of an NCH-sponsored initiative to create one million units of high-quality, affordable rental housing for persons whose annual incomes are less than the minimum wage, including persons with disabilities, elder age, or low-wage incomes. McKinney Side by Side Side by Side comparison of major components of proposals to amend HUD homeless legislation (July 2000). Housing and Welfare Reform: Background Information Prepared by the Center on Budget and Policy Priorities, this paper explores the impact of welfare policy on housing and the impact of housing policy on welfare. Welfare Issues Welfare to What: Early Findings on Family Hardship and Well-Being Published by the Children's Defense Fund and the National Coalition for the Homeless in November 1998, this report examines the impacts on families two years after the signing of the federal welfare law. It presents national and local findings and compiles more than 30 state and local studies. The Executive Summary is available at http://nch. ari. net/w2wexec. html. The full report may be downloaded below. Welfare to What (Full Report – 246K) Note: To view this file, you will need Acrobat Reader. Using TANF to Reduce and Prevent Homelessness: Effective Practices and Strategies. Published in May 2000, this paper was written to provide specific examples of how states and communities have used TANF productively to reduce and prevent homelessness. Other Internet Resources on Welfare and Poverty Links to online organizations and sources of information on poverty and welfare. Education Issues School Segregation and Homeless Children and Youth This overview summarizes available information on integrated homeless education programs (those programs that help homeless children enroll, attend, and succeed in mainstream schools) and segregated classrooms or schools (those that separate homeless children from housed children on the basis of their homelessness alone). For more detailed information, including program examples, please see School Segregation and Homeless Children and Youth: Questions and Answers Reauthorization of the McKinney Act's Education for Homeless Children and Youth Program Congress will consider legislation to reauthorize the McKinney Act's Education of Homeless Children and Youth (EHCY) program in 1999. The EHCY program works to ensure homeless children and youth's enrollment, attendance, and success in school. This page provides up-to-date information on reauthorization for advocates, teachers, service providers, and administrators, including analyses and summaries of reauthorization legislation, links to relevant committees, and more detailed action alerts. America's Homeless Children: Will Their Future Be Different? A Survey of State Homeless Education Programs The McKinney Act is responsible for significant improvements in homeless children's access to public education. However, increasing homelessness among families with children and a simultaneous reduction in federal funding threatened the progress that states and communities had made in helping homeless children and youth enroll, attend, and succeed in school. This 1997 40-state survey examines the accomplishments and challenges of homeless education programs faced with increasing demand for services and decreasing resources. Making the Grade: Successes and Challenges in Educating Homeless Children and Youth The 1996 Position Document of the National Association of State Coordinators for the Education of Homeless Children and Youth. This report summarizes the history and progress of efforts to educate homeless children and youth, profiles 30 selected state homeless education programs, and offers recommendations for improving the McKinney Education for Homeless Children and Youth program. Health Issues No Open Door: Breaking the Lock on Addiction Recovery for Homeless People This NCH report examines what has been learned in the last decade about the barriers that homeless people face in accessing addictive disorder services and the treatment and recovery interventions that are effective with the homeless population. The Projects for Assistance in Transition from Homelessness (PATH) Program Describes the function and accomplishments of the McKinney Act's Projects for Assistance in Transition from Homelessness (PATH) program, as well as NCH's recommendations for expanding and strengthening PATH. Homeless Treatment and Recovery Competitive Grant Program Describes NCH's initiative to reauthorize and appropriate funds for a national competitive grant program to develop and expand addictive and mental disorder treatment and recovery opportunities for homeless persons with addictive and mental disorders Increased Demand, Decreased Supply: Challenges to the McKinney Act's Health Care for the Homeless Program Changes in the health care marketplace, in public policy, and in the face of homelessness itself are creating new demand for health services for homeless people according to this study published by the National Health Care for the Homeless Council and the federal Bureau of Primary Health Care.

Notes of Commercial Law

Contracts (C3, pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. | |Wellmix Organics (International) Pte Ltd v Lau Yu Man (2006) , | | |T2 Networks Pte Ltd v Nasioncom Sdn Bhd (2008) | |Types of Contracts | Oral contracts | | |Written contract provides evidence of the parties’ contractual obligations. | |Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd (2006) | | |Parol evidence rule = oral evidence not admissible to add to, vary, amend or contradict written contract s 93-94 Evidence Act (refer | | |to Terms) | | |Engelin Teh Practice LLC v Wee Soon Kim Anthony (2004) | . Offer (C3, pg 63) |As the expression to another of a willingness to be bound by stated terms. | |Invitation to treat (pg 64) | |An invitation to others to enter into a negotiation which may eventually lead to the making of an offer. | |An ad is view as invitations to treat. | |Auction without reservations (refer to Barry v Davis (2000) pg 5) |(Offer = Bids made by audience, Acceptance = Auctioneer indicates bids accepted) | |Display of Goods | |Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952) the court held that the display of goods with prices constitutes an | |invitation to treat. The offer is only made when a customer selects the item he wants and brings it to the cashier to pay for it. |Reaffirmed by Singapore High Court in Chwee Kin Keong & Others v Digilandmall com Pte Ltd (2004) | |Advertisements An ad is view as invitations to treat. | |Partridge v Crittenden (1968) | |Provision of Information | |Harvey v Facey (1893) – The court held that there was no contract because provision of information was not an offer .Stevenson, Jacques & Co v McLean | |(1880) – Seeking for more information is neither a rejection nor acceptance, it was merely an enquiry. | |*compare between offer and invitation to treat, must prove why choose one over the other | |Specific Offeree |An offer is an expression made by one party to another party. For an offer to be effective, the offer must be communicated to the | | |offeree. | Unilateral Contracts |A contract brought into existence by the act of one party in response to a conditional promise by another. Harvela Investments Ltd v | |(involving only one |Royal Trust Co of Canada (Cl) Ltd & Ors (1984)No exchange of promise, only 1 promise (made by offeror). | |side) |Offeree makes no promise, only performs conditions attached to offeror’s promise. Carlill v Carbolic Smoke Ball Co. (1892) – Where | |(pg 63) |advertisement contains a promise in return for an act, an offer is intended. (No general rule that an ad cannot be an offer. | |Bi-lateral Co ntracts |An agreement where one party makes a promise to the other party. | |(involving on 2 side |There are duties, rights and considerations on both parties. In other words, performance of the conditions is an acceptance of the | |or both) |offer and this acceptance should be notified. | Termination of Offer (Pg 75) (5 ways) |Withdrawal |Law: Offer can be withdrawn or revoked by the offeror at any time before it is accepted. (When an offer is withdrawn, the offer is said | | |to be revoked). Overseas Union Insurance Ltd v Turegum Insurance Co (2001) | | |Law: Withdrawal must be communicated to offeree (Revocation is only effective when the offeree receives notice of the revocation) Byrne | | |v Van Tienhoven (1880) – It was held that the revocation was not effective until it was received by the plaintiff. Since the offer was | | |accepted prior to the revocation, there was a valid contract. | |Law: Revocation of offer can be communicated by a third party (as long as offeree obtains knowledge of the revocation) (must be a | | |reliable and trustworthy source) Dickinson v Dodds (1876) Law: Fresh Offer (Revocation can also occer if the offer is replaced by a | | |fresh offer) Ban Paribas v Citibank NA (1989) | | |Law: Offer is opened for a fixed period Routledge v Grant (1828) –Rationale is that an offeree cannot enforce an offeror’s promise to | | |keep his offer open unless there is separate contract supported by consideration to do so, such contracts are called options – Tay Joo | | |Sing v Ku Yu Sang – essentially a promise, supported by consideration, to keep an offer open for a specific period of time within which | | |to decide whether or not to enter into the purchase of agreement. | | |Law: Unilateral Contracts Abbot v Lance (1860), it was held that the offeror cannot withdraw his offer once the offeree has started to | | |act. – Dickson Trading(s) Pte Ltd v Transmarco Ltd (1989), obiter dictum, the offeror in a unilateral contract has an obligation not to | | |revoke the offer after the offeree has involved in the performance of the conditions. |Lapse of time |Acceptance after specific period which offeror states that his offer is open = Ineffective | | |If the offer is opened for a specified period, a purported acceptance after that period would not be effective since the offer had | | |lapsed. the court may imply that the offeror has specified the period of offer even if he has not done so expressly. Wee Ah Lian v Teo | | |Siak Weng (1992) | | |- however, if it is clear from the offeror’s conduct and other evidence that the terms of the supposedly lapsed offer continue to govern| | |their relationship after the specified period, then it is still valid and acceptable after the deadline. Panwell Pte Ltd & Anor v | | |Indian Bank (No2) (2002) | | |When no specified period of time is expressed, an offer would lapse after a reasonable amount of time, (depending on the facts of the | | |case). Ramsgate Victoria Hotel Co v Montefiore (1866) – the court held that Montefiore could refuse to take up the shares because his | | |offer had lapsed after a reasonable time. | |Failure of |Offer automatically terminated if condition not met | |Condition |An offer may terminate on the occurrence of a specified event if the offer is subjected to the condition that it will do. e. g. erminate| | |if goods are damaged before acceptance, subject to the approval of my lawyer Financings Ltd v Stimson (1962) | |Death |Dickinson v Dodds( if the man who makes an offer dies, the offer cannot be accepted after he is dead. Reynolds v Atherton (1921)( | | |Offeree dies before acceptance, this offer cease to be capable of acceptance. Bradbury v Morgan (1862)( the court held that the death of| | |an offeror did not terminate the offer unless the offeree had notice of the offeror’s death. | 2. Acceptance (C3, pg 67) |Indication by the offeree of his consent to the offer and his intention to form a contract based on the exact terms of the offer | |- Whatever its form, a communication constitutes acceptance only if it is an unconditional expression of assent to the terms of offer.Compaq Computer Asia| |Pte Ltd v Computer Interface(s) Pte Ltd (2004) | |- Conditional Acceptance is treated as no acceptance. Struttgart Auto Pte Ltd v Ng Shwu Yong (2005); | |- Accepts seller’s offer subject to a written contract drafted – Thmoas Plaza (Pte) Ltd v Liquidators of Yaohan Departmental Store Singapore Pte Ltd (in | |liquidation) (2001); | |- Agreenment shall not be final and binding agreement – Cendekia Candranegara Tjiang v Yin Kum Choy & Others (2002) | |Brogden v Metropolitan Railway Co. 1877) The Court held that the facts and actual conduct of the parties, established the existence of a contract, and | |there having a clear breach of it, Brogden must be held liable upon it. | |Law: Acceptance of unilateral contract is when all the terms o f the contract are fully performed Carlill v Carbolic Smoke Ball Co. (1892) | |Counter |Offeree introduces a new term or varies the terms of an offer (original offeror is free to accept or reject the â€Å"counter offer†) Hyde v Wrench | |Offer |(1840) – The court held that there was no contract because Hyde’s reply was a counter offer which extinguished the earlier offer.When the | | |response is an inquiry or a request of information, it should not be construed as an offer | |Knowledge|Law: Offeree cannot accept in ignorance of the law | |of Offer |offeree must be aware of the offer – Fitch v Snedaker (1868) and R v Clarke (1927) – As long as offeree has knowledge of offer, motive is | | |irrelevant. Once the offeree is aware of the offer, it does not matter that he was prompted to act for reasons other than the desire to accept | | |the offer.William v Carwardine (1833) – the court held that the plaintiff was entitled to a reward, she ha d done so with knowledge of the reward| | |even though her motive for giving the information was her own remorse. | | |Cross-offer: Do not constitute to agreement/contract; lack of consensus / meeting of minds between parties at the time of making offer. – Tinn v | | |Hoffman & Co (1873) | |Communica|General Rule: Acceptance must be communicated (Acceptance must actually be received by the offeror) | |tion of |Acceptance effective when communicated/received by offeror. | |Acceptanc|If in writing, it must be physically received by the offeror, and if orally, heard by the offeror. Acceptance must be unconditional and absolute. |e |obiter dictum in Entores Ltd v Miles Far East Corporation (1955) and CS Bored Pile System Pte Ltd v Evan Lam &Co Pte Ltd (2006) | | |Powell v Lee (1908) Held that there was no authorized communication of intention to contract on part of the body hence no contract. | |Silence |Silence is only a form of acceptance if both parties agree to it. Silence o f the offeree would not constitute a valid acceptance | | |Felthouse v Bindley (1862)–held that there was no contract between the two parties. The plaintiff had no right to impose a condition that a sale | | |contract would come into existence if the defendant remained silent. | |Exemption case: Both parties agree that the offeree would have a positive obligation to communication only if he wished to reject the offer. | | |Albeit rare in practice, silence is properly be construed as acceptance – Southern Ocean Shipbuilding Co Pte Ltd v Deutsche Bank AG (1993) and | | |Midlink Development Pte Ltd v The Stansfield Group Pte Ltd (2004) – defendant’s conduct of paying the reduced rent showed that a contact exists. | |Instantan|Time of acceptance is the time at which the acceptance is communicated to the offeror | |eous |Ithe acceptance will take effect when and where it is received, acceptance must be absolute and unconditional Entores v Miles Far East Corp | Communica|(1955) | |tions |- if got designated info system; receipt when e-record entered the designated info system. Emails, Fax, Telex | | |- if got designated info system but sent elsewhere then is receipt upon retrieval. | | |- if no designated info system; receipt upon entering any info system of addressee. | |Exception|The Postal Rule (ONLY FOR LETTERS OF ACCEPTANCE! ) | |s |- Quenerduaine v Cole (1883) – telegram means speedy reply; not attracted by postal rule.Offeror will claim that it is only valid acceptance | | |when physically received. | | |- Agreement cannot be withdrawn once the post is sent out. Henthorn v Fraser (1892) | | |- Acceptance deemed effective as soon as the letter is posted regardless as to when it reaches the offeror or whether it reaches him at all. | | |Adams v Lindsell (1818) | | |- the court held that the acceptance was communicated and the contract was formed as soon as the plaintiff posted the acceptance letter. Lee | | |Seng Heng v Guard ian Assurance CO Ltd (1932) | | |Waiver of Communication: facts show that the offeror has waived the need for communiation of acceptance; when offer made to whole world | | |(unilateral contract; anyone can accept) – Calill v Carbolic Smoke Ball. | | |( the doing of the act by the offeree may itself be constructed as acceptance, without requiring formal communication to the offeror. | | |Termination of acceptance: Once posted, an acceptance cannot be revoked. – Wenkheim v Arndt (1873) | 3. Consideration (C4, Pg 85) Two Main Rules on Consideration Must move from promisee but need not move to promisor.Tweedle v Atkinson (1861) Need not be adequate but must be sufficient. Chappell & Co Ltd v Nestle Co Ltd (1960) |Is what each party gives to the other as the agreed price for the other’s promise | |Detriment to one OR Benefit to another | |But it need not move to the promisor Malayan Banking Bhd v Lauw Wisanggeni – A third party who is a stranger to the contra ct may benefit from the contract | |although he may not enforce it. | |Need not be adequate but must be sufficient – Law will not interfere with parties contract so long as consideration is of â€Å"some value† in the eyes of the | |law. |In order for a promise to be enforceable in court, consideration must first be given (exchange of promises would be sufficient consideration)– Dunlop v | |Selfridge (1915) | |Past Consideration is |Refers to an act performed prior to and to that extent independent of, the promises being exchanged (act performed without the | |not valid |reciprocal promise in mind). | | |Past consideration is no consideration The court held that the promise was made after the transaction had already been concluded | | |and therefore past consideration.Roscorla v Thomas (1842) and Teo Song Kwang (alias Richard) v Gnau Lye Chan and Another (2006) | | |To become executed consideration: – Pao On v Lau Yiu Long (1980) and Sim Tony v Ah Ghee (t /a Phil Real Estate &Building Services) | | |(1995) | | |Act done at promisor’s request If the promisor has previously asked the other party to provide goods or services, then a promise | | |made after they are provided will be treated as binding. | | |Contract must otherwise be enforceable Done in biz context and it is clearly understood by both sides that it will be paid for then| | |valid.Re Caseys’s Patent v Casey (1892) held the request to Casey to manage the patent carried an implied promise to pay for that | | |service, hence it was enforceable. | |Consideration must move|The only person who can sue for breach of contract must be the party who has given consideration (promise) – Tweedle v Atkinson | |from the promisee |(1861) – the court held that Tweedle could not enforce the contract between the two fathers because firstly he is not a party of | | |the contract, and secondly, no consideration flowed from him. | | |Consideration need not move to the promisor; 3rd party can may benefit although may not enforce it. Malayan Banking Bhd v Lauw | | |Wisanggeni | |Sufficient, |- Law will not inquire to the fairness of consideration, as long as the parties agree to it willingly – Lam Hong Leong Aluminium | |Need not be Adequate; |Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) | |Adequacy of |- Law does not measure value (once the subject of exchange is recognized in law as suitable consideration, quantity is irrelevant) | |Consideration |- Swiss Singapore Overseas Enterprise Pte Ltd v Navalmar UK Ltd (No2) (2003) and Chappell & Co Ltd v Nestle Co Ltd (1960) –the | | |consideration included the wrappers even though they were of no value to Nestle. | | |Thomas v Thomas (1842) – The court held that the nominal rent was sufficient consideration but the husband’s wishes were | | |irrelevant; motive is not the same thing as consideration. |Sufficiency of |A promise not to enforce a Claim is Good Consideration Promise not to sue or enforce a valid claim or settlement of legal action = | |Consideration |sufficient consideration Lam Hong Leong Aluminium Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) and Alliance Bank| | |Ltd v Broom (1864) Normally, banks would not promise to enforce debt but is not done here. For not suing, considerations shown ( | | |binding agreement to provide security. | |Sufficient |Forbearance to sue |A promise to forbear from suing or enforcing a valid claim can constitute sufficient or valuable | | | |consideration. Alliance Bank Ltd v Broom (1864).K-Rex Finance Ltd v Cheng Chih Cheng (1993) – The court | | | |spoke the words of Cockburn CJ in Callisher v Bischoffsheim (1870). | | | |The same applies to a compromise of a legal action. The req. is that the legal action must be reasonable and| | | |not frivolous, that the claimant has an honest belief that in the chance of success of the claim and that | | | |the claimant h as not concealed from the other party any fact which, to the claimant’s knowledge, might | | | |affect its validity.Miles v New Zealand Alford Estate Co (1886) | | |Performance of |The Eurymedon (1975) – The Privy Council held that even though the defendant was already contractually bound| | |existing contractual |to a third party to do so, the defendant’s act of unloading the ship formed good consideration for the | | |duty to third party |contract with the plaintiff. This was also clarified in Pao On v Lau Yiu Long (1980) by the HOL. This was | | | |also accepted in the Singapore High Court in SSAB Oxelosund AB v Xendral Trading Pte Ltd (1992). | |Moral obligation & |Eastwood v Kenyon (1840) – The court rejected the plaintiff’s view and held that moral obligation is | | |motives |insufficient consideration for a fresh promise. | |Insufficient |Vague or insubstantial|White v Bluett (1853) – The court held that Bluett’s promise was no thing more than a promise â€Å"not to bore | | |consideration |his father†. As such it was too vague(fake) and was insufficient consideration for the alleged discharge by | | | |his father. | | |Performance of |Collins v Godefroy (1831) –Performance of an existing public duty is not valid consideration. | |existing public duty |Glassbrook Bros Ltd v Glamorgan City Council (1925)- If the court finds the promisee did something more that| | | |required by an existing public duty, then it may be sufficient. | | |Performance of |Stilk v Myrick (1809) – It was held that there was no consideration for the captain’s promise because the | | |existing contractual |remaining crew did what they were contractually required. Two sailors deserting were within the usual | | |duty |emergencies found in such a voyage. | | |However, if it is more than what is contractually required, that may constitute good consideration – Hartley| | | |v Ponsonby (1857) and William s v Roffey Bros (1991) – The English Court of Appeal held that as long as the | | | |extra payment was not given under duress or fraud, the oral promise was enforceable because the defendant | | | |obtained â€Å"practical benefits† from the plaintiff’s work. The benefit was that they would not be liable under| | | |the main contract for late completion. | | |Rule in Pinnel’s Case |Pinnel’s case is authority for the proposition that payment of a lesser sum without anything extra is not a | | | |good consideration. | | |- It would be good consideration provided with a gift (can be anything, even time) is given as the gift | | | |might be more beneficial than the money. -But if the person asks me pay lesser, then cannot sue. – If I | | | |accepted a smaller amount, after that I decided to sue again, CAN! Provided no gift! | | | |Pinnel’s Case (1602) – The part payment of a debt does not discharge the entire debt unless the part p ayment| | | |was made at the request of the creditor and the payment was made earlier, at a different place, or in | | | |conjunction with some other valuable consideration.Foakes v Beer (1884) affirmed Pinnel’s Case – the HOL | | | |held that Beer’s promise not to take further action was not supported by consideration. She could claim the | | | |money. ( in Euro-Asia Realty Pte Ltd v Mayfair Investment Pte Ltd (2001), District Court in Singapore | | | |endorsed the rule in Foakes v Beer and held favor in creditor. | | |Promissory Estoppel is an equitable doctrine whose origin may be traced to Lord Cairns in Hughes v Metropolitan Railway Co (1877). | | |When p. e. is established, the court may enforce a promise despite the fact that there was no consideration. Central London | | |Property Trust v High Trees House Ltd (1947) | | |Elements (Central London Property Trust v High Trees House Ltd (1947) and D&C Builders v Rees (1966)) | | |1)Parties must have existin g legal relationship 2)Clear and unequivocal promise which affects the legal relationship 3)Promisee | | |relied upon promise and altered his position 4)Inequitable for the promisor to go back on his promise. | |Promissory Estoppel |Cause of action | |(For no consideration) |When the promisor gives reasonable notice of his intention to revert to the original legal relationship, the original relationship | | |is restored. The effect of p. e. is to suspend promisor’s rights temporarily.Tool Metal Manufacturing Co Ltd v Tungsten Electric Co| | |Ltd (1995) However, the promise could become ‘final and irrevocable if the promisee cannot resume his position. † Ajayi v R T | | |Briscoe (Nigeria) Ltd (1964) | | |A defensive tool | | |This means that it can only be raised as a shield and not a sword, i. e. a defense against a claim and not to commence a suit.Combe| | |v Combe (1951) (people sue you then can use ) Assoland Construction Pte Ltd v Malayan Credit Properties Pt e Ltd (1993) and Lai Yew | | |Tay Pte Ltd v Pilecon Engineering BHd (2002) | | | | 4. Intention to Create Legal Relations (Pg 17) |The test is whether a reasonable person viewing all the circumstances of the case would consider that the promisor intended his promise to have legal | |consequences. objective test† (objectively ascertained) | |Social and |General presumption = no legal intention | |Domestic |Balfour v Balfour (1919) and Jones v Padavatton (1969) – An agreement is not legally binding unless the parties intend that each will | |Agreements |accept the lefal consequences for its breach. Choo Tiong Hin v Choo Hock Swee (1959) – the plaintiff’s promises were not enforceable | | |because the lack of intention to create legal relations. De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd and Others | | |(2003) -Friend doing a favor even though secret profit or commission is earned. | |However in Merritt v Merritt (1970) and Wakeling v Ripley– The English Court of Appeal found the necessary intention and held that the | | |wife succeeded in her claim for breach of contract. | |Commercial |General presumption = Legal intention | |Agreements |- There is necessary intention to create legal relations. Edwards v Skyway Ltd (1964) – The court held that Skyways was legally bound. | | |Binding but unenforceable | | |Honour Clauses – When parties have expressly stated that their agreement is not to be legally binding. Rose &Frank Co v J R Crompton | | |&Bros Ltd (1925) | | |Exceptions (not legally binding): | | |Letter of Comfort (pg 17) ( may be binding depending on its terms | | |usually a document supplied by a 3rd party to a creditor indicating a concern to ensure that a debtor meets his obligations to the | | |creditor. | | |Kleinwort Benson Ltd v Malaysian Mining Corporation Berhad (1989) Court only found a moral not legal obligation. refer to pg 17) | | |Letter of Intent (LOI) (pg 17) | | |A de vice by which one indicates to another of his intention to enter into a contract with him | | |E. g. a main contractor is prearing a tender and he plans to subcontract some of the work. | Privity of Contract (Pg 105) |The general rule is that no one, other than a person who is a party to the contract may be entitled to enforce or be bound by the terms of the contract. – | |Price v Easton (1833) – court held that Price could not succeed, as he was not a party to the contract between the debtor and the Easton.Management | |Corporation Strata Title Plan No 2297 v Seasons Park Ltd (2005) | |Exceptions (Thai Kenaf Co Ltd v Keck Seng (S) Pte Ltd (1993) | |Agency relationship | |Assignment of choses in action – consent of 3 parties | |Letter of Credit | |Agreement |Intention to create legal relations |Consideration | |Is it an offer? Define offer |Is there any intention? |Is it revocation? Via broadcast? | |Was the offer effectively revoked? |Is the agreement legally bind (To place under legal|Is Consideration need to be sufficient but not | |Is it valid acceptance?Communicated |obligation by contract)? |adequate? | |Third party’s conversation? |Is the agreement reached in a business context? |Promissory Estoppel? Talk about the elements, sword| |Postal rude? |(eg. Family, friends) |or shield? | |Is there any provision of information? |Is it (social and domestic) or commercial |Is the consideration moved from promisee? | |Any counter offer? |agreement? | | |Is the offeree aware of offer with motive? | | | |Is the offer lapse? | | | | | | | | | | | | | | | | | | | | | | | | | | Notes of Commercial Law Contracts (C3, pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. | |Wellmix Organics (International) Pte Ltd v Lau Yu Man (2006) , | | |T2 Networks Pte Ltd v Nasioncom Sdn Bhd (2008) | |Types of Contracts | Oral contracts | | |Written contract provides evidence of the parties’ contractual obligations. | |Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd (2006) | | |Parol evidence rule = oral evidence not admissible to add to, vary, amend or contradict written contract s 93-94 Evidence Act (refer | | |to Terms) | | |Engelin Teh Practice LLC v Wee Soon Kim Anthony (2004) | . Offer (C3, pg 63) |As the expression to another of a willingness to be bound by stated terms. | |Invitation to treat (pg 64) | |An invitation to others to enter into a negotiation which may eventually lead to the making of an offer. | |An ad is view as invitations to treat. | |Auction without reservations (refer to Barry v Davis (2000) pg 5) |(Offer = Bids made by audience, Acceptance = Auctioneer indicates bids accepted) | |Display of Goods | |Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952) the court held that the display of goods with prices constitutes an | |invitation to treat. The offer is only made when a customer selects the item he wants and brings it to the cashier to pay for it. |Reaffirmed by Singapore High Court in Chwee Kin Keong & Others v Digilandmall com Pte Ltd (2004) | |Advertisements An ad is view as invitations to treat. | |Partridge v Crittenden (1968) | |Provision of Information | |Harvey v Facey (1893) – The court held that there was no contract because provision of information was not an offer .Stevenson, Jacques & Co v McLean | |(1880) – Seeking for more information is neither a rejection nor acceptance, it was merely an enquiry. | |*compare between offer and invitation to treat, must prove why choose one over the other | |Specific Offeree |An offer is an expression made by one party to another party. For an offer to be effective, the offer must be communicated to the | | |offeree. | Unilateral Contracts |A contract brought into existence by the act of one party in response to a conditional promise by another. Harvela Investments Ltd v | |(involving only one |Royal Trust Co of Canada (Cl) Ltd & Ors (1984)No exchange of promise, only 1 promise (made by offeror). | |side) |Offeree makes no promise, only performs conditions attached to offeror’s promise. Carlill v Carbolic Smoke Ball Co. (1892) – Where | |(pg 63) |advertisement contains a promise in return for an act, an offer is intended. (No general rule that an ad cannot be an offer. | |Bi-lateral Co ntracts |An agreement where one party makes a promise to the other party. | |(involving on 2 side |There are duties, rights and considerations on both parties. In other words, performance of the conditions is an acceptance of the | |or both) |offer and this acceptance should be notified. | Termination of Offer (Pg 75) (5 ways) |Withdrawal |Law: Offer can be withdrawn or revoked by the offeror at any time before it is accepted. (When an offer is withdrawn, the offer is said | | |to be revoked). Overseas Union Insurance Ltd v Turegum Insurance Co (2001) | | |Law: Withdrawal must be communicated to offeree (Revocation is only effective when the offeree receives notice of the revocation) Byrne | | |v Van Tienhoven (1880) – It was held that the revocation was not effective until it was received by the plaintiff. Since the offer was | | |accepted prior to the revocation, there was a valid contract. | |Law: Revocation of offer can be communicated by a third party (as long as offeree obtains knowledge of the revocation) (must be a | | |reliable and trustworthy source) Dickinson v Dodds (1876) Law: Fresh Offer (Revocation can also occer if the offer is replaced by a | | |fresh offer) Ban Paribas v Citibank NA (1989) | | |Law: Offer is opened for a fixed period Routledge v Grant (1828) –Rationale is that an offeree cannot enforce an offeror’s promise to | | |keep his offer open unless there is separate contract supported by consideration to do so, such contracts are called options – Tay Joo | | |Sing v Ku Yu Sang – essentially a promise, supported by consideration, to keep an offer open for a specific period of time within which | | |to decide whether or not to enter into the purchase of agreement. | | |Law: Unilateral Contracts Abbot v Lance (1860), it was held that the offeror cannot withdraw his offer once the offeree has started to | | |act. – Dickson Trading(s) Pte Ltd v Transmarco Ltd (1989), obiter dictum, the offeror in a unilateral contract has an obligation not to | | |revoke the offer after the offeree has involved in the performance of the conditions. |Lapse of time |Acceptance after specific period which offeror states that his offer is open = Ineffective | | |If the offer is opened for a specified period, a purported acceptance after that period would not be effective since the offer had | | |lapsed. the court may imply that the offeror has specified the period of offer even if he has not done so expressly. Wee Ah Lian v Teo | | |Siak Weng (1992) | | |- however, if it is clear from the offeror’s conduct and other evidence that the terms of the supposedly lapsed offer continue to govern| | |their relationship after the specified period, then it is still valid and acceptable after the deadline. Panwell Pte Ltd & Anor v | | |Indian Bank (No2) (2002) | | |When no specified period of time is expressed, an offer would lapse after a reasonable amount of time, (depending on the facts of the | | |case). Ramsgate Victoria Hotel Co v Montefiore (1866) – the court held that Montefiore could refuse to take up the shares because his | | |offer had lapsed after a reasonable time. | |Failure of |Offer automatically terminated if condition not met | |Condition |An offer may terminate on the occurrence of a specified event if the offer is subjected to the condition that it will do. e. g. erminate| | |if goods are damaged before acceptance, subject to the approval of my lawyer Financings Ltd v Stimson (1962) | |Death |Dickinson v Dodds( if the man who makes an offer dies, the offer cannot be accepted after he is dead. Reynolds v Atherton (1921)( | | |Offeree dies before acceptance, this offer cease to be capable of acceptance. Bradbury v Morgan (1862)( the court held that the death of| | |an offeror did not terminate the offer unless the offeree had notice of the offeror’s death. | 2. Acceptance (C3, pg 67) |Indication by the offeree of his consent to the offer and his intention to form a contract based on the exact terms of the offer | |- Whatever its form, a communication constitutes acceptance only if it is an unconditional expression of assent to the terms of offer.Compaq Computer Asia| |Pte Ltd v Computer Interface(s) Pte Ltd (2004) | |- Conditional Acceptance is treated as no acceptance. Struttgart Auto Pte Ltd v Ng Shwu Yong (2005); | |- Accepts seller’s offer subject to a written contract drafted – Thmoas Plaza (Pte) Ltd v Liquidators of Yaohan Departmental Store Singapore Pte Ltd (in | |liquidation) (2001); | |- Agreenment shall not be final and binding agreement – Cendekia Candranegara Tjiang v Yin Kum Choy & Others (2002) | |Brogden v Metropolitan Railway Co. 1877) The Court held that the facts and actual conduct of the parties, established the existence of a contract, and | |there having a clear breach of it, Brogden must be held liable upon it. | |Law: Acceptance of unilateral contract is when all the terms o f the contract are fully performed Carlill v Carbolic Smoke Ball Co. (1892) | |Counter |Offeree introduces a new term or varies the terms of an offer (original offeror is free to accept or reject the â€Å"counter offer†) Hyde v Wrench | |Offer |(1840) – The court held that there was no contract because Hyde’s reply was a counter offer which extinguished the earlier offer.When the | | |response is an inquiry or a request of information, it should not be construed as an offer | |Knowledge|Law: Offeree cannot accept in ignorance of the law | |of Offer |offeree must be aware of the offer – Fitch v Snedaker (1868) and R v Clarke (1927) – As long as offeree has knowledge of offer, motive is | | |irrelevant. Once the offeree is aware of the offer, it does not matter that he was prompted to act for reasons other than the desire to accept | | |the offer.William v Carwardine (1833) – the court held that the plaintiff was entitled to a reward, she ha d done so with knowledge of the reward| | |even though her motive for giving the information was her own remorse. | | |Cross-offer: Do not constitute to agreement/contract; lack of consensus / meeting of minds between parties at the time of making offer. – Tinn v | | |Hoffman & Co (1873) | |Communica|General Rule: Acceptance must be communicated (Acceptance must actually be received by the offeror) | |tion of |Acceptance effective when communicated/received by offeror. | |Acceptanc|If in writing, it must be physically received by the offeror, and if orally, heard by the offeror. Acceptance must be unconditional and absolute. |e |obiter dictum in Entores Ltd v Miles Far East Corporation (1955) and CS Bored Pile System Pte Ltd v Evan Lam &Co Pte Ltd (2006) | | |Powell v Lee (1908) Held that there was no authorized communication of intention to contract on part of the body hence no contract. | |Silence |Silence is only a form of acceptance if both parties agree to it. Silence o f the offeree would not constitute a valid acceptance | | |Felthouse v Bindley (1862)–held that there was no contract between the two parties. The plaintiff had no right to impose a condition that a sale | | |contract would come into existence if the defendant remained silent. | |Exemption case: Both parties agree that the offeree would have a positive obligation to communication only if he wished to reject the offer. | | |Albeit rare in practice, silence is properly be construed as acceptance – Southern Ocean Shipbuilding Co Pte Ltd v Deutsche Bank AG (1993) and | | |Midlink Development Pte Ltd v The Stansfield Group Pte Ltd (2004) – defendant’s conduct of paying the reduced rent showed that a contact exists. | |Instantan|Time of acceptance is the time at which the acceptance is communicated to the offeror | |eous |Ithe acceptance will take effect when and where it is received, acceptance must be absolute and unconditional Entores v Miles Far East Corp | Communica|(1955) | |tions |- if got designated info system; receipt when e-record entered the designated info system. Emails, Fax, Telex | | |- if got designated info system but sent elsewhere then is receipt upon retrieval. | | |- if no designated info system; receipt upon entering any info system of addressee. | |Exception|The Postal Rule (ONLY FOR LETTERS OF ACCEPTANCE! ) | |s |- Quenerduaine v Cole (1883) – telegram means speedy reply; not attracted by postal rule.Offeror will claim that it is only valid acceptance | | |when physically received. | | |- Agreement cannot be withdrawn once the post is sent out. Henthorn v Fraser (1892) | | |- Acceptance deemed effective as soon as the letter is posted regardless as to when it reaches the offeror or whether it reaches him at all. | | |Adams v Lindsell (1818) | | |- the court held that the acceptance was communicated and the contract was formed as soon as the plaintiff posted the acceptance letter. Lee | | |Seng Heng v Guard ian Assurance CO Ltd (1932) | | |Waiver of Communication: facts show that the offeror has waived the need for communiation of acceptance; when offer made to whole world | | |(unilateral contract; anyone can accept) – Calill v Carbolic Smoke Ball. | | |( the doing of the act by the offeree may itself be constructed as acceptance, without requiring formal communication to the offeror. | | |Termination of acceptance: Once posted, an acceptance cannot be revoked. – Wenkheim v Arndt (1873) | 3. Consideration (C4, Pg 85) Two Main Rules on Consideration Must move from promisee but need not move to promisor.Tweedle v Atkinson (1861) Need not be adequate but must be sufficient. Chappell & Co Ltd v Nestle Co Ltd (1960) |Is what each party gives to the other as the agreed price for the other’s promise | |Detriment to one OR Benefit to another | |But it need not move to the promisor Malayan Banking Bhd v Lauw Wisanggeni – A third party who is a stranger to the contra ct may benefit from the contract | |although he may not enforce it. | |Need not be adequate but must be sufficient – Law will not interfere with parties contract so long as consideration is of â€Å"some value† in the eyes of the | |law. |In order for a promise to be enforceable in court, consideration must first be given (exchange of promises would be sufficient consideration)– Dunlop v | |Selfridge (1915) | |Past Consideration is |Refers to an act performed prior to and to that extent independent of, the promises being exchanged (act performed without the | |not valid |reciprocal promise in mind). | | |Past consideration is no consideration The court held that the promise was made after the transaction had already been concluded | | |and therefore past consideration.Roscorla v Thomas (1842) and Teo Song Kwang (alias Richard) v Gnau Lye Chan and Another (2006) | | |To become executed consideration: – Pao On v Lau Yiu Long (1980) and Sim Tony v Ah Ghee (t /a Phil Real Estate &Building Services) | | |(1995) | | |Act done at promisor’s request If the promisor has previously asked the other party to provide goods or services, then a promise | | |made after they are provided will be treated as binding. | | |Contract must otherwise be enforceable Done in biz context and it is clearly understood by both sides that it will be paid for then| | |valid.Re Caseys’s Patent v Casey (1892) held the request to Casey to manage the patent carried an implied promise to pay for that | | |service, hence it was enforceable. | |Consideration must move|The only person who can sue for breach of contract must be the party who has given consideration (promise) – Tweedle v Atkinson | |from the promisee |(1861) – the court held that Tweedle could not enforce the contract between the two fathers because firstly he is not a party of | | |the contract, and secondly, no consideration flowed from him. | | |Consideration need not move to the promisor; 3rd party can may benefit although may not enforce it. Malayan Banking Bhd v Lauw | | |Wisanggeni | |Sufficient, |- Law will not inquire to the fairness of consideration, as long as the parties agree to it willingly – Lam Hong Leong Aluminium | |Need not be Adequate; |Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) | |Adequacy of |- Law does not measure value (once the subject of exchange is recognized in law as suitable consideration, quantity is irrelevant) | |Consideration |- Swiss Singapore Overseas Enterprise Pte Ltd v Navalmar UK Ltd (No2) (2003) and Chappell & Co Ltd v Nestle Co Ltd (1960) –the | | |consideration included the wrappers even though they were of no value to Nestle. | | |Thomas v Thomas (1842) – The court held that the nominal rent was sufficient consideration but the husband’s wishes were | | |irrelevant; motive is not the same thing as consideration. |Sufficiency of |A promise not to enforce a Claim is Good Consideration Promise not to sue or enforce a valid claim or settlement of legal action = | |Consideration |sufficient consideration Lam Hong Leong Aluminium Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) and Alliance Bank| | |Ltd v Broom (1864) Normally, banks would not promise to enforce debt but is not done here. For not suing, considerations shown ( | | |binding agreement to provide security. | |Sufficient |Forbearance to sue |A promise to forbear from suing or enforcing a valid claim can constitute sufficient or valuable | | | |consideration. Alliance Bank Ltd v Broom (1864).K-Rex Finance Ltd v Cheng Chih Cheng (1993) – The court | | | |spoke the words of Cockburn CJ in Callisher v Bischoffsheim (1870). | | | |The same applies to a compromise of a legal action. The req. is that the legal action must be reasonable and| | | |not frivolous, that the claimant has an honest belief that in the chance of success of the claim and that | | | |the claimant h as not concealed from the other party any fact which, to the claimant’s knowledge, might | | | |affect its validity.Miles v New Zealand Alford Estate Co (1886) | | |Performance of |The Eurymedon (1975) – The Privy Council held that even though the defendant was already contractually bound| | |existing contractual |to a third party to do so, the defendant’s act of unloading the ship formed good consideration for the | | |duty to third party |contract with the plaintiff. This was also clarified in Pao On v Lau Yiu Long (1980) by the HOL. This was | | | |also accepted in the Singapore High Court in SSAB Oxelosund AB v Xendral Trading Pte Ltd (1992). | |Moral obligation & |Eastwood v Kenyon (1840) – The court rejected the plaintiff’s view and held that moral obligation is | | |motives |insufficient consideration for a fresh promise. | |Insufficient |Vague or insubstantial|White v Bluett (1853) – The court held that Bluett’s promise was no thing more than a promise â€Å"not to bore | | |consideration |his father†. As such it was too vague(fake) and was insufficient consideration for the alleged discharge by | | | |his father. | | |Performance of |Collins v Godefroy (1831) –Performance of an existing public duty is not valid consideration. | |existing public duty |Glassbrook Bros Ltd v Glamorgan City Council (1925)- If the court finds the promisee did something more that| | | |required by an existing public duty, then it may be sufficient. | | |Performance of |Stilk v Myrick (1809) – It was held that there was no consideration for the captain’s promise because the | | |existing contractual |remaining crew did what they were contractually required. Two sailors deserting were within the usual | | |duty |emergencies found in such a voyage. | | |However, if it is more than what is contractually required, that may constitute good consideration – Hartley| | | |v Ponsonby (1857) and William s v Roffey Bros (1991) – The English Court of Appeal held that as long as the | | | |extra payment was not given under duress or fraud, the oral promise was enforceable because the defendant | | | |obtained â€Å"practical benefits† from the plaintiff’s work. The benefit was that they would not be liable under| | | |the main contract for late completion. | | |Rule in Pinnel’s Case |Pinnel’s case is authority for the proposition that payment of a lesser sum without anything extra is not a | | | |good consideration. | | |- It would be good consideration provided with a gift (can be anything, even time) is given as the gift | | | |might be more beneficial than the money. -But if the person asks me pay lesser, then cannot sue. – If I | | | |accepted a smaller amount, after that I decided to sue again, CAN! Provided no gift! | | | |Pinnel’s Case (1602) – The part payment of a debt does not discharge the entire debt unless the part p ayment| | | |was made at the request of the creditor and the payment was made earlier, at a different place, or in | | | |conjunction with some other valuable consideration.Foakes v Beer (1884) affirmed Pinnel’s Case – the HOL | | | |held that Beer’s promise not to take further action was not supported by consideration. She could claim the | | | |money. ( in Euro-Asia Realty Pte Ltd v Mayfair Investment Pte Ltd (2001), District Court in Singapore | | | |endorsed the rule in Foakes v Beer and held favor in creditor. | | |Promissory Estoppel is an equitable doctrine whose origin may be traced to Lord Cairns in Hughes v Metropolitan Railway Co (1877). | | |When p. e. is established, the court may enforce a promise despite the fact that there was no consideration. Central London | | |Property Trust v High Trees House Ltd (1947) | | |Elements (Central London Property Trust v High Trees House Ltd (1947) and D&C Builders v Rees (1966)) | | |1)Parties must have existin g legal relationship 2)Clear and unequivocal promise which affects the legal relationship 3)Promisee | | |relied upon promise and altered his position 4)Inequitable for the promisor to go back on his promise. | |Promissory Estoppel |Cause of action | |(For no consideration) |When the promisor gives reasonable notice of his intention to revert to the original legal relationship, the original relationship | | |is restored. The effect of p. e. is to suspend promisor’s rights temporarily.Tool Metal Manufacturing Co Ltd v Tungsten Electric Co| | |Ltd (1995) However, the promise could become ‘final and irrevocable if the promisee cannot resume his position. † Ajayi v R T | | |Briscoe (Nigeria) Ltd (1964) | | |A defensive tool | | |This means that it can only be raised as a shield and not a sword, i. e. a defense against a claim and not to commence a suit.Combe| | |v Combe (1951) (people sue you then can use ) Assoland Construction Pte Ltd v Malayan Credit Properties Pt e Ltd (1993) and Lai Yew | | |Tay Pte Ltd v Pilecon Engineering BHd (2002) | | | | 4. Intention to Create Legal Relations (Pg 17) |The test is whether a reasonable person viewing all the circumstances of the case would consider that the promisor intended his promise to have legal | |consequences. objective test† (objectively ascertained) | |Social and |General presumption = no legal intention | |Domestic |Balfour v Balfour (1919) and Jones v Padavatton (1969) – An agreement is not legally binding unless the parties intend that each will | |Agreements |accept the lefal consequences for its breach. Choo Tiong Hin v Choo Hock Swee (1959) – the plaintiff’s promises were not enforceable | | |because the lack of intention to create legal relations. De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd and Others | | |(2003) -Friend doing a favor even though secret profit or commission is earned. | |However in Merritt v Merritt (1970) and Wakeling v Ripley– The English Court of Appeal found the necessary intention and held that the | | |wife succeeded in her claim for breach of contract. | |Commercial |General presumption = Legal intention | |Agreements |- There is necessary intention to create legal relations. Edwards v Skyway Ltd (1964) – The court held that Skyways was legally bound. | | |Binding but unenforceable | | |Honour Clauses – When parties have expressly stated that their agreement is not to be legally binding. Rose &Frank Co v J R Crompton | | |&Bros Ltd (1925) | | |Exceptions (not legally binding): | | |Letter of Comfort (pg 17) ( may be binding depending on its terms | | |usually a document supplied by a 3rd party to a creditor indicating a concern to ensure that a debtor meets his obligations to the | | |creditor. | | |Kleinwort Benson Ltd v Malaysian Mining Corporation Berhad (1989) Court only found a moral not legal obligation. refer to pg 17) | | |Letter of Intent (LOI) (pg 17) | | |A de vice by which one indicates to another of his intention to enter into a contract with him | | |E. g. a main contractor is prearing a tender and he plans to subcontract some of the work. | Privity of Contract (Pg 105) |The general rule is that no one, other than a person who is a party to the contract may be entitled to enforce or be bound by the terms of the contract. – | |Price v Easton (1833) – court held that Price could not succeed, as he was not a party to the contract between the debtor and the Easton.Management | |Corporation Strata Title Plan No 2297 v Seasons Park Ltd (2005) | |Exceptions (Thai Kenaf Co Ltd v Keck Seng (S) Pte Ltd (1993) | |Agency relationship | |Assignment of choses in action – consent of 3 parties | |Letter of Credit | |Agreement |Intention to create legal relations |Consideration | |Is it an offer? Define offer |Is there any intention? |Is it revocation? Via broadcast? | |Was the offer effectively revoked? |Is the agreement legally bind (To place under legal|Is Consideration need to be sufficient but not | |Is it valid acceptance?Communicated |obligation by contract)? |adequate? | |Third party’s conversation? |Is the agreement reached in a business context? |Promissory Estoppel? Talk about the elements, sword| |Postal rude? |(eg. Family, friends) |or shield? | |Is there any provision of information? |Is it (social and domestic) or commercial |Is the consideration moved from promisee? | |Any counter offer? |agreement? | | |Is the offeree aware of offer with motive? | | | |Is the offer lapse? | | | | | | | | | | | | | | | | | | | | | | | | | |