All Contracts Are Agreements but Not All Agreements

According to section 2(a) of Indian Contract Act states that, â€Å"every promise on every set of promises forming the consideration for each other an agreement. An agreement is a form of cross reference between different parties, which may be written, oral and lies upon the honor of the parties for its fulfillment rather than being in any way enforceable. It is also a fact that an agreement is a proposal and its acceptance, by which two or more person or parties promises to do abstain from doing an act. But a contract according to section 2(h) of the Indian Contract Act, â€Å"An agreement enforceable by law is a contract.It is clear these definitions that the two elements of a contract are: (a) Agreement Contractual Obligation (b) Enforceability by Law. For Example: X invites his friend to coffee and the latter accepts the invitation. This is a social agreement not a contract because it does not imply any legal obligation. We can say that: (a) All contracts are agreements, (b) Bu t all agreements are not contracts. (a) All Contracts are Agreements For a Contract to be there an agreement is essential; without an agreement, there can be no contract.As the saying goes, â€Å"where there is smoke, there is fire; for without fire, there can be no smoke†. It could be said, â€Å"Where there is contract, there is agreement without an agreement there can be no contract†. Just as a fire gives birth to smoke, in the same way, an agreement gives birth to a contract. Another essential element of a contract is the legal obligation for the parties to the contract; there are many agreements that do not entail any legal obligations. As such, these agreements cannot be called contracts. For Example:A gives his car to B for repair and B asks for Ksh. 2000 for the repair works. A agrees to pay the price and B agrees to repair the car. The agreement imposes an obligation on both. The third element of a contract is that the agreement must be enforceable by Law. If one party fails to keep his promise, the other has the right to go the court and force the defaulter to keep his promises. There are other elements are: 1. Offer and acceptance, 2. Legal obligation, 3. Lawful consideration, 4. Valid object, 5. Agreement not being declared void by Law, 6. Free consent, 7.Agreement being written and registered, 8. Capacity to contract, 9. Possibility of performance from what has been discussed. It is clear that all contracts are agreements. (b) All Agreements are not Contracts: An agreement is termed a contract only when it is enforceable by law. All agreements are not necessarily legally enforceable. It can rightly be said that an agreement has a much wider scope than a contract. For example that agreements are not legally binding are an invitation to dinner or to go for a walk and its acceptance. These are agreements not contracts.An agreement does not necessarily imply a legal obligation on the parties to the agreement. It is import here to clarify what exactly is an obligation. Obligation is a legal tie which imposes upon a person or persons the necessity of doing or abstaining from doing definite act or acts. An agreement need not necessarily be within the framework of law and be legally enforceable. If it is, then it is a contract. A promises B to do physical harm to C whom, the latter does not like and B promises to pay A Ksh. 1000 to do that, it cannot be termed as a contract because such an act would be against the law.Any agreement of which the object or consideration is unlawful is void and cannot be called a contract. It would be clear from what has been said so far that an agreement has a much wider scope than a contract. An Agreement implies fulfilling some agreed condition. It does not necessarily imply that the stipulated conditions conform to the law and are enforceable by it. It may be said that an agreement is the genus of which contract is the species. It also makes it clear that all agreements are not contra cts but all contracts are agreements.

Challenges Of The United Nations Peacekeeping Operations International Law Essay

Challenges Of The United Nations Peacekeeping Operations International Law Essay Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Challenges Of The United Nations Peacekeeping Operations International Law Essay 1. War is said to be as old as the civilization. First World War was the proof of devastation that took millions of lives. After this, the League of Nations was formed to bring some ground rules to prevent aggression. But no sooner the First World War was over, the Second World War started and the world observed how helpless the League was to prevent misery. Then the United Nations (UN) emerged with the commitments to exterminate war, maintaining international peace and security, securing justice and human rights and promoting social progress and friendly relations among the nations. The UN charter was signed on 26 June 1945 in San Francisco by the 50 founding states for maintaining international peace and security through close cooperation. The UN started its true journey through the Peace Keeping Operations (PKO) in May 1948, with the introduction of United Nations Truce Supervision Organization (UNTS O) in the first Arab Israel war. But due to the tension of the cold war era, UN could not perform its role. After the end of the tension when both the superpowers wanted to contribute to the world peace, the UN took its rebirth. 2. But there were some significant changes after the end of cold war. The classic interstate rivalry ended and more complex and cruel intra state conflict was emerged. Wars were fought to control power and resources in a single state and were not usually between states. Civilians, not the armed combatants, became the intentional targets of violence. Wars in the former Yugoslavia, Africa and Latin America saw huge number of civilian casualties compared to the killed and wounded in either the regular Armed Forces of a state or in the ranks of insurgents.   [ 1 ]    3. The Sri Lanka Armed force with her huge experience in the recent past has got an enormous potential in becoming one of the most important troops contributing nations in the world. Therefore i t is of great importance to analyze the present state of Sri Lanka Army in dealing with changed peacekeeping environment and how best it can adapt itself in meeting the new demand of the United Nations. RESEARCH PROBLEM 4. Sri Lanka is an island nation which has an Armed Force of a considerable strength. Unfortunately the emergence of terrorism put a huge challenge to the Army. At the very outset of the conflict with Liberation Tiger of Tamil Elam (LTTE), the political aim could not be set in accordance with the national interest which allowed the LTTE to grow and emerge as the deadliest terrorist in the world.   [ 2 ]   But after 2000, the leaders of the country could set the aim and strategy to defeat the terrorist once and for all. Thereafter we could experience the win of Sri Lanka Army over LTTE where the total leadership of the terrorist group was wiped out. This victory over terrorism is the testimony of the brilliant performance and professionalism of the Sri Lanka Army. 5. Because of the decade old involvement of the Army in the battle, the Sri Lanka Army could not participate in the UN missions where the neighboring countries of the region could establish their presence the arena. Though there were modest contribution, but it was not enough in comparison to the potentialities of the forces. As time went on, the peacekeeping environment changed in great extent with which most of the countries could adapt themselves. It seems that due to the non involvement in the peace missions, the Sri Lanka Armed Forces could not achieve expected proficiency in the peacekeeping fields. But the fact is, the Sri Lanka Army rather gained a unique expertise in dealing with the Intra State conflict which made them more suitable for dealing with changed peacekeeping environment.

Medical ethics Essay Example | Topics and Well Written Essays - 1000 words - 1

Medical ethics - Essay Example All these will be considered in line with the Hippocratic Oath, which declares that doctors should not harm in a bid to preserve human dignity. The two medical cases considered in this study exhibit advanced level of medication, which begins with experimentation. In the case of Mario, who suffers from mental illness and having undergone over 40 medical examinations and pharmacologist practices, he is left with only one option of advanced medical experimentation. Slater (235) quotes that â€Å"He wanted a shot at the ordinary, a lawn he might mow just once a week†. This was the neural implant. From the outset, the medical implant Mario was ready to undergo appears to be risky and unethical due to the nature of the operation and the uncertainty attributed to the whole process. This tells it all that, it is an experiment whose results are unpredictable. Mario puts a tattoo of a baby on the bicep; this implies that, the experiment was too risky that the probability is almost one. If this is the case then the Hippocratic Oath that declares that the doctors should not harm the patients is contravened upon the taking place of this operation. It is ethically wrong for the humans to be used as tools for experiment. In the event that, humans are used for experimentation purposes, the aspect of sanctity of life is disrespected. In essence, the advanced medical procedures like the one Mario underwent, despite its success, undermines the ethical challenges relative to the sanctity of life. We consider the procedure for in-depth understanding. The procedure that saw Mario gain his normal psychiatric state involved drilling through the bone to make two burr holes on both sides of the skull. Then followed by the placement of the implant with a threaded precision of two 1.27 millimetre wire, through which the iridium electrodes were strung. Slater (238) quotes that â€Å"As it is impossible to use animal testing to gauge whether or not

Impact of Internal Factors on Strategic Planning Essay

Impact of Internal Factors on Strategic Planning - Essay Example rt Macauley decided to rescue victims who survived during the crash and he started dealing with the mission of helping the victim, but he had to deal with the financial issues. The mission of starting the organization of providing disaster and other emergency relief took the stage. Therefore, with the help of Pope John Paul and financial aid from other people; the organization started operating in 1982. The mission of the organization is to restore health, save lives and offer relief services through delivering effective medicines during disaster period or any other emergence cases within America and across the globe. One of the key aspects of the AmeriCares in the internal environment is leadership aspects. Leadership is one of the effective aspects that are taken into consideration in the AmeriCares organization. The organization has varied leaders who are assigned different roles in a hierarchy manner. Marquis and Huston (2009) argue that leadership styles employed in an organization can impact organizational performance in case leaders does not take it into consideration. Different leaders employ leadership styles depending on the environment or leadership behaviors; hence, this might impact strategic planning in the organization (Harrison and Association of University Programs in Health Administration, 2010). AmeriCares  association  is  an independent and fair organization; thus, it recruits leaders with effective skills for managing the company. Thus, leadership skills, behaviors and styles employed by each leader may hinder effective decision making process; thus impacting strategic planning process. Another aspect is the organizational structure within the internal environment. The company is structured in a manner that enables leaders to make an effective decision process when handling significant issues. The flow of information is from the top management leaders to the bottom; thus, poor management and effective communication in the hierarchy may

Brugel's Wisdom and How It May Have Changed the Destiny of K Essay

Brugel's Wisdom and How It May Have Changed the Destiny of K - Essay Example The wisdom of Brugel seems to be, on the other hand, one that is based on knowing that the whole situation is absurd, and one of seemingly being above all that absurdity, carrying on a somewhat lithe and nonchalant attitude towards all that is happening in The Castle, and in some way towards his own role in the bureaucracy as a kind of petty official, a secretary to a minor official in the Castle, who must himself be subjected to the same kind of whimsical nonsense that seems to pervade the transactions in the Castle. Against the determined somberness and seriousness of K, Brugel seems to take a counterpoint attitude of frivolity, lightness of attitude, and a somewhat carefree regard for the duties of the Castle, its effects on the secretary's life, and the role that he must fulfill within that bureaucracy in order to survive. In other words, where wisdom resides in Brugel is in that very attitude of not taking anything in the Castle, and not even taking himself or his boss, or his r ole in the castle, so seriously. Brugel seems to say, for one, that life is not all that serious, that in fact the seriousness is an outward expression of a person who is so taken up by his own efforts to understand something where there is nothing to understand, which seems to be the fate and the attitude that K has taken on for himself, so gloomy in contrast to the light attitude of Brugel. This wisdom of Brugel, if it did not change the fate of K, certainly at least must have changed somewhat K's perception of the Castle, and how he sees himself and his destiny in the context of an overly gloomy conception of life with the bureaucracy (Kafka). Discussion In the face of the difficulties faced by K with the bureaucracy, for one, with getting a job that suits his function as a surveyor of the land, Brugel's attitude is one of carefree nonchalance, detachment, and a sense that anything can be had and done without any serious effort whatsoever on the part of anyone dealing with the bu reaucracy. Brugel was an insider, for sure, but also he was a mere secretary, and one, moreover, who spends a lot of his time not inside that bureaucratic machinery, working with papers and dealing with functionaries, but one who goes out to the castle to liaise between the people of the village and Brugel's boss. There is the exchange in the novel that highlights this, where Brugel expressed his condolences to K when K said that he is unable to work as a surveyor of the land, when Brugel, out of a sense of kindness maybe, or out of a sense of courtesy, or just wanting to get the small talk going, asked him how he was doing in terms of work. Brugel's attitude here is one of lightness, of conveying somewhat that the secretary was most sympathetic to K's plight, but that meanwhile there was really nothing to worry about. K, to Brugel, must have looked like someone who is gloomy for no reason. Why, there is no need to fret about that little detail about the surveying job, all it takes is for Brugel to look at it, no problem! This is at least how Brugel seems to see the situation. It was somewhat of a startling point to K, upon seeing and hearing Brugel talk and act this way, that here was an official who did not seem to know the difficulties that went to K's landing in the place and being given the run around with

Reflective report Essay Example | Topics and Well Written Essays - 2500 words

Reflective report - Essay Example Postoperative anxiety is to be expected for these patients, and nurses and other health practitioners within the surgical ward are tasked with educating the patient about the surgery, providing emotional support, and reducing the emotional impact of the surgical procedure. Some of the other patients in the surgical ward are also undergoing postoperative care. Postoperative care for these patients include pain management, monitoring of vital signs, monitoring for bleeding, and monitoring for infection. In the case of the patient subject of this reflection, the patient is a 55 year old female patient who has recently undergone thyroidectomy. She is married, with 3 children, and has worked as a school teacher for 35 years. Six months ago she first noticed that there was a lump at her throat area. She ignored it at first, but four months prior to the surgery, the lump seemed to get bigger. Upon seeking medical consult, she was diagnosed with hyperthyroidism. This caused her goitre. After a month of treatment, her goitre continued to enlarge. Hence the thyroidectomy was scheduled. Post-operative pain medications were ordered for the patient by his attending surgeon. In this case, the controlled drug morphine was ordered. The patient registered pain levels on the scale of 1-10 (with 10 being the most severe) at 9/10. The pain was localized at the incision site at her throat area and she described it as a throbbing and persistent pain. She also registered pain when she would move. The administration of the morphine managed to reduce the pain levels to 3/10. Additional pain management included guided imagery where the patient was asked to picture pleasant scenarios as a means of distracting herself from the pain that she was feeling. I also checked the incision site for signs of bleeding and infection. I also monitored her blood pressure and vital signs. Her blood pressure as well as vital signs remained within normal levels within the postoperative period. The adminis tration of the morphine Oramorph SR was orally through a tablet every 12 hours. Based on hospital policy, no more than 2 tablets were administered to the patient within a 24 hour period. Morphine was also not administered when necessary as per hospital policy. An order by the attending physician was necessary before morphine could be administered. The nurses are required to instruct patients not to chew the tablets before swallowing because it can cause the release of the drug into the body all at once, possibly causing serious health issues, in some cases, death. The patient’s mouth was also washed after each administration. I was also asked to check for side or adverse effects of the drug, including: dizziness, lightheadedness, nausea, vomiting, diarrhoea, weight loss, dry mouth, headache, confusion, stiff muscles, mood changes, chills, and flu symptoms. More serious symptoms requiring immediate medical care included slow or irregular breathing, bluish coloration to the ski n, fast or slow heartbeat, seizures, hallucinations, blurred vision, hives, and rashes. Section 2 While caring for this patient, I was able to learn more about the protocols in the administration of the controlled drug morphine. The learning was able to emphasize the importance of understanding the application and use of controlled drugs, especially those used for pain relief (Hardwick, 2009). The

Library Research Assignment Example | Topics and Well Written Essays - 1500 words

Library Research - Assignment Example For our company performance play a vital role in determining pay, promotions, transfers, terminations and other such decisions that impact well-being as well as the overall company performance. Thus access to objective performance evaluation systems is key to the overall benefit of the company, employees and the society. An objective performance management system will help improve the relationship between the managers and their subordinates as well as boost motivation (Jackson et al.2011). As a newly designated manager for the HR department, we would ensure that performance management is properly designed, documented and implemented (Pope, ). It should be clearly understood that proper execution of the program cannot be done without cooperation of line managers and unless the top management shows commitment to it. Activities such as ensuring performance management is embraced on a daily-basis, timely completion of performance reviews, providing valuable feedback throughout the process and making developmental opportunities available to high performers are all responsibilities of line managers. Thus it is the proper execution of the performance management program by management and line-managers that can make or break it. The role of HR for this proper execution would be to: According to the evaluation of past organizational practices, some departments have informally attempted to introduce performance-based pay systems in the form of appraisals. This process needs to be properly documented and managed by the HR department in coordination with other department managers. It has been proven in a study conducted by Subramanov, Krause, Nortom and Burns in 2008 that creating a model for competitive pay can be used as incentive to enhance a company’s performance via enhanced employee performance (Chow et. Al, 2012). Some aspects that the new appraisal system should incorporate are: The role of performance of company executive and their management teams