Life is full of mistakes and we often regret on what we did in the past especially when deciding on taking offers...When we are young, we often missed the chances to grab the best offer..As the human heart gets carried away, we often want the best offers and thus thinking there is a better offer from the previous offers...So...lets see how does a termination of offer works before the offer we have in hand eventually flies awayyYYy.......
Basically, an offer cannot be accepted after it has been terminated. An offer of a bilateral contract can be revoked at any time before it is accepted. The revocation will be effective from the time when it is received by the offeree. In all but exceptional cases it is not possible to revoke an offer of a unilateral contract once the offeree has begun to accept by performing the act requested. An offeree who rejects an offer will not subsequently be able to accept it. If no time limit is stipulated then an offer will remain open for a reasonable time. If no consideration is given for keeping an offer open then it can be revoked at any time, even if the offer was stipulated as being open for a particular time.
In conclusion, it is wise to think properly when we have an offer...Accepting an unsatisfied offer is eventually a pain but Life is about the future and there is no point regretting about the past =) What we are today, are the works of our past...
A contract can be discharged by breaching a contract. There are four remedies for breach of contract, which are damages, specific performance, injunction and quantum meruit. Lets see what is the contents of these remedies:
Damages
Any breach of contract will entitle the injured party to damages. However, if the injured party has suffered no real loss these damages will be nominal say rm 5, any costs may not be recoverable. The primary purpose of contract damages is to put the injured party in the financial position he would have been in if the contract had been properly performed. Two steps are necessary to achieve this. First, it must be asked whether or not the loss it too remote for damages in respect of it to be recoverable at all. Then, if the loss is not too remote, damages must be quantified.See the case of Victorial Laundry v Newman Industries[1949]
Specific Performance
Specific performance is a court order requiring a person to perform his contract. If the party disobey this order he will be in contempt of court. For example, if A agrees to sell a painting to B but then refuces to hand it over, a decree of specific performance would order A to hand the paiting over. If A still refused to do so, he would be in contempt of court and would be liable to a fine or imprisonment. However, a party will not be protected against specific performance merely because he has made a bad deal. As long as the other party behaved fairly specific performance can be ordered. See the case of Mountford v Scott(1975).
Injunction
It is a court order requiring a person to do or not to do a certain thing. A person who refuses to obey an injunction will be in contempt of court. The granting of an injunction, to prevent an action which would be deliberately cause a breach of contract, is an equitable remedy for breach of contract. It is, however not ordered where damages would be an adequate remedy.See the case of Page one records ltd v Britton [1968].
Quantum Meriut
A party to a contract may occasionally claim for payment on a quantum meruit. Such a claim will be for work done, paying the amount that is deserved. A quantum meriut can only be claimed in the following circumstances:
@if the other party prevented completion of the contract.
@work has been done and accepted under a void or partially performed contract
@contract did not expressly provide what the remuneration should be.
If it were not for the possibility of a claim on a quamtum meriut one of the parties to the contract might be unjustly enriched.
Damages
Any breach of contract will entitle the injured party to damages. However, if the injured party has suffered no real loss these damages will be nominal say rm 5, any costs may not be recoverable. The primary purpose of contract damages is to put the injured party in the financial position he would have been in if the contract had been properly performed. Two steps are necessary to achieve this. First, it must be asked whether or not the loss it too remote for damages in respect of it to be recoverable at all. Then, if the loss is not too remote, damages must be quantified.See the case of Victorial Laundry v Newman Industries[1949]
Specific Performance
Specific performance is a court order requiring a person to perform his contract. If the party disobey this order he will be in contempt of court. For example, if A agrees to sell a painting to B but then refuces to hand it over, a decree of specific performance would order A to hand the paiting over. If A still refused to do so, he would be in contempt of court and would be liable to a fine or imprisonment. However, a party will not be protected against specific performance merely because he has made a bad deal. As long as the other party behaved fairly specific performance can be ordered. See the case of Mountford v Scott(1975).
Injunction
It is a court order requiring a person to do or not to do a certain thing. A person who refuses to obey an injunction will be in contempt of court. The granting of an injunction, to prevent an action which would be deliberately cause a breach of contract, is an equitable remedy for breach of contract. It is, however not ordered where damages would be an adequate remedy.See the case of Page one records ltd v Britton [1968].
Quantum Meriut
A party to a contract may occasionally claim for payment on a quantum meruit. Such a claim will be for work done, paying the amount that is deserved. A quantum meriut can only be claimed in the following circumstances:
@if the other party prevented completion of the contract.
@work has been done and accepted under a void or partially performed contract
@contract did not expressly provide what the remuneration should be.
If it were not for the possibility of a claim on a quamtum meriut one of the parties to the contract might be unjustly enriched.
"Cyberstalking is a technologically-based “attack” on one person who has been targeted specifically for that attack for reasons of anger, revenge or control..." quoted from Alexis A. Moore in the article 'What is Cyberstalking?'.
The various forms of Cyberstalking includes:
(a)harassment, embarrassment and humiliation of the victim
(b)emptying bank accounts or other economic control such as ruining the victim's credit score
(c)harassing family, friends and employers to isolate the victim
scare tactics to instill fear and more.
(d)The term can also apply to a “traditional” stalker who uses technology to trace and locate their victim and their movements more easily (e.g. using Facebook notifications to know what party they are attending).
A true cyberstalker’s intent is to harm their intended victim using the anonymity and untraceable distance of technology. In many situations, the victims never discover the identity of the cyberstalkers who hurt them, despite their lives being completely upended by the perpetrator. In relation to domestic violence, Cyberstalking is a way to continue to maintain rigid control and instill fear into a domestic partner, even when one has already left the relationship.
Some Statistics Of This Threat!!!
(a)More than one million women and 370,000 men are stalked annually in the United States.
(b)In year 2008, 9.3 million Americans were victims of identity theft.
(c)One and a half million of those reporting identity thefts in 2004 also reported that they suffered from domestic abuse and harassment from their exes.
(d)In United States the figures show most stalkers to be male by overwhelming margins (87 percent).
The various forms of Cyberstalking includes:
(a)harassment, embarrassment and humiliation of the victim
(b)emptying bank accounts or other economic control such as ruining the victim's credit score
(c)harassing family, friends and employers to isolate the victim
scare tactics to instill fear and more.
(d)The term can also apply to a “traditional” stalker who uses technology to trace and locate their victim and their movements more easily (e.g. using Facebook notifications to know what party they are attending).
A true cyberstalker’s intent is to harm their intended victim using the anonymity and untraceable distance of technology. In many situations, the victims never discover the identity of the cyberstalkers who hurt them, despite their lives being completely upended by the perpetrator. In relation to domestic violence, Cyberstalking is a way to continue to maintain rigid control and instill fear into a domestic partner, even when one has already left the relationship.
Some Statistics Of This Threat!!!
(a)More than one million women and 370,000 men are stalked annually in the United States.
(b)In year 2008, 9.3 million Americans were victims of identity theft.
(c)One and a half million of those reporting identity thefts in 2004 also reported that they suffered from domestic abuse and harassment from their exes.
(d)In United States the figures show most stalkers to be male by overwhelming margins (87 percent).
More than 4000 cybercrime cases reported within 2 years(2007 - 2009). Chief executive officer Lieutenant-Colonel Husin Jazri said that the complaints, mostly consisted of hack threats, fraud, denial of services and other computer problems such files lost or corrupted by viruses.
For furtheR info,log into :
http://shin-nee.blogspot.com/2010_02_01_archive.html
The growth of cyber crime is a serious case and it is widely happening around the world. This threat has eventually caused a major concern to the online shopping for customers. The feeling of insecurity towards the online technology has lead them towards this.
Therefore,please be careful and aware so that your personal information is protected.Don't ever reply to unwanted emails and try to identify the email address whether it is valid or invalid. One of the precautions about the credit card will be to call back the service provider to check the validity of the email received. =)
"IF SOME DEALS ARE TOO GOOD TO BE TRUE, IT IS PROBABLY FAKE!!!" (consumerdirect.gov.uk)
For furtheR info,log into :
http://shin-nee.blogspot.com/2010_02_01_archive.html
The growth of cyber crime is a serious case and it is widely happening around the world. This threat has eventually caused a major concern to the online shopping for customers. The feeling of insecurity towards the online technology has lead them towards this.
Therefore,please be careful and aware so that your personal information is protected.Don't ever reply to unwanted emails and try to identify the email address whether it is valid or invalid. One of the precautions about the credit card will be to call back the service provider to check the validity of the email received. =)
"IF SOME DEALS ARE TOO GOOD TO BE TRUE, IT IS PROBABLY FAKE!!!" (consumerdirect.gov.uk)
It the employer terminates the contract unilaterally, with or without notice, then this amounts to a dismissal. If the employee either resigns or agrees to terminate the employment then this will generally not amount to a dismissal. However, if an employee resigns because he is told that if he does not resign he will be dismissed, this amounts to a dismissal An example can be seen in Robertson v Securicor Transport Ltd [1972], where a guard who had broke the rules by signing for a package he did not have was given the notice of resigning or sacked. He choose to resign and was held to have been unfairly dismissed. Besides that, when an employer radically and unilaterally changes the conditions of employment then this will amount to a dismissal as well.
So...what is dismissal???
An employee is said to be dismissed if :
@the employer terminates the contract with or without notice
@a fixed term contract expires
@the employee is constructively dismissed
@an employee who has been given notice by the employeer, himself gives the employer a shorter period of notice to end the contract.
Ultimately, it is up to the employee to prove that he was dismissed...
So...what is dismissal???
An employee is said to be dismissed if :
@the employer terminates the contract with or without notice
@a fixed term contract expires
@the employee is constructively dismissed
@an employee who has been given notice by the employeer, himself gives the employer a shorter period of notice to end the contract.
Ultimately, it is up to the employee to prove that he was dismissed...
Today my friends and i were talking about pregnancy and what are we going to do with it if unwanted incident really happens...Is abortion legal in Malaysia or should we carry on with having the baby? The question of how to raise the baby comes into the dilemma. Besides that what if something happens during the abortion process and the life of the patient is endangered? Can we eventually take legal action if there is any failure or dissatisfaction? There seems to be too much risks in it as there are too many women that had died at the hands of back street abortions... Sometimes, legal issues and humanity are just hard to mix around just like oil and water...It is difficult to have the best of those two terms...
Based on the Royal College of Nursing v DHSS ( 1981,HL)
Section 1(1) of the Abortion Act 1967 states that abortion is legal if only carried out by a 'registered medical practitioner'. A change in abortion methods after the Act was passed meant that the procedure was largely carried out by nurses, subject to some supervision by a doctor. The court had to decide whether abortions carried out by this procedure were legal under the Act.
The court of Appeal adopted a literal approach and held that the practice was unlawful, but the House of Lords by majority held that a purposive approach should be used and that no illegality had occurred. Lork Diplock said "The approach if the Act seems to be clear. There are two aspects of it: the first, to broaden the grounds on which an abortion may be obtained; the second is to ensure that the abortion is carried out with proper skill and in hygienic conditions."
Therefore, in the relation of the above case the abortion that is made from 'back street' or unregistered practitioners are eventually illegal and there is no action that can be taken against them...
Based on the Royal College of Nursing v DHSS ( 1981,HL)
Section 1(1) of the Abortion Act 1967 states that abortion is legal if only carried out by a 'registered medical practitioner'. A change in abortion methods after the Act was passed meant that the procedure was largely carried out by nurses, subject to some supervision by a doctor. The court had to decide whether abortions carried out by this procedure were legal under the Act.
The court of Appeal adopted a literal approach and held that the practice was unlawful, but the House of Lords by majority held that a purposive approach should be used and that no illegality had occurred. Lork Diplock said "The approach if the Act seems to be clear. There are two aspects of it: the first, to broaden the grounds on which an abortion may be obtained; the second is to ensure that the abortion is carried out with proper skill and in hygienic conditions."
Therefore, in the relation of the above case the abortion that is made from 'back street' or unregistered practitioners are eventually illegal and there is no action that can be taken against them...
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