Monday, January 27, 2020

Database Design And Development For Petcare Veterinary Computer Science Essay

Database Design And Development For Petcare Veterinary Computer Science Essay Draw an Entity Relationship Data Model that describes the content and structure of data held by PetCare. Specify the cardinality ratio and participation constraint of each relationship type. Database Development Process The process is divided into four main stages: requirements elicitation, conceptual modeling, logical modeling and physical modelling. The techniques used in the development process naturally divide into three categories: those concerned modelling, those concerned with logical modelling and those concerned with physical modelling. Figure 1 the database development process Requirements Elicitation Requirements elicitation involves establishing the key technical requirements for a database system usually through formal and informal interaction between developers and organizational stakeholders such as users. It provides the structure of data needed and the use of the data in some information system context. Stakeholder identification and participation One of the first things that must be done in any information systems project is to identify the relevant stakeholders. A stakeholders group is any social group within and without the organization that potentially may influence the successful use and impact of the database system. Veterinary doctor Use the database to for managing treatment information of pet Staff keep track of animal and appointment Regulators National and regional government may need to audit the database Requirements Elicitation and requirements specification Requirements elicitation is the precursor to requirements specification. In terms of a system to manage Petcare, the following is a list of proposed requirements for system: The database should be capable of supporting the following transaction: Create and maintain records recording the details of Petcare Pets clinics and the members of staff at each clinic. Create and maintain records recording the details of pet owners. Create and maintain the details of pets. Create and maintain records recording the details of the types of treatments for pets. Create and maintain records recording the details of examinations and treatments given to pets. Create and maintain records recording the details of invoices to pet owners for treatment to their pets. Create and maintain pet owner/pet appointments at each clinic. Data requirements PetCare veterinary surgery Petcare has six medium sized veterinary surgery clinics across London. The details of each clinic include address of branch, telephone number, opening hours and emergency contact telephone number. Assuming that each clinic has a number of staff for example vets, nurses, secretaries and cleaners. Staff The details stored on each member of staff include the staff name, address, home telephone number and mobile telephone number. Pet owners When a pet owner first contacts a clinic of Petcare the details of the pet owner are recorded, which include name, address, home telephone number and mobile telephone number. Pets The details of the pet requiring treatment are noted, which include a put number, type of pet, age and sex. Examinations When a sick pet is brought to a clinic, the vet on duty examines the pet. The details of each examination are recorded and include an examination number, the date and time of the examination, the name of the vet, the pet number, pet name, and type of pet, and a full description of the outcome of the examination results. Petcare provides various treatments for all types of pets. The details of each treatment include a treatment number, full description of the treatment, and the cost to the pet owner. Based on the result of the examination of a sick pet, the vet may propose one or more types of treatment. For each types of treatment, the information recorded includes the examination number and date. Invoices The pet owner is responsible for the cost of the treatment given to a pet. The owner is invoiced for the treatment arising from each examination, and the details recorded on the invoice include the invoice number, invoice date, owner number, owner name and full address, put number, put name, and details of the treatment given. The invoice provides the cost for each type of treatment and total cost of all treatments given to the pet. Additional data is also recorded on the payment for example cash, credit card or check. Appointments If the pet requires to be seen by the vet at later date, the owner and pet are given an appointment. The details of an appointment are recorded and include an appointment number, owner name, date and time. Using the logical database design methodology Entity-Relationship modeling is a top-down approach to database design. We begin ER modeling by identifying the important data (called entities) and relationships between the data that must be represented in the model. We then add more details such as the information we want to hold about the entities and relationships (called attributes) and any constraints on the entities, relationships, and attributes. Identify entities Identify entities A set of objects with the same properties, which are identified by a user or organization as having an independent existence The first step in logical database design is to identify entity that you have to represent in the database. Entity name Description Occurrence Clinic Veterinary clinics One or more Petcare clinics located throughout London Staff General term describing all staff employed by Petcare Each member of staff works at a particular clinic PetOwner Owners of pets taken to Petcare Owner takes his/her pet to a particular clinic Pet Sick animal seek treatment to the clinic One or more animal are taken to the clinic Examination Treatment Invoice Appointment PetTreatment Attributes The particular properties of entities are called attributes. Attributes represent what we want to know about entities. Single-Valued attributes The majority of attributes are single-valued for a particular entity. For example, each occurrence of the Staff entity has a single value for the staffNo attribute (for example,001), and therefore the staffNo attribute is referred to as being single-valued. Derived attributes An attributes that represents a value that is derivable from the value of a related attributes, or set of attributes, no necessarily in the same entity. Some attributes may be related for a particular entity. For example, the age of a pet is derivable form the date of birth (DOB) attribute, and therefore the age and DOB attributes are related. We refer the age attributes as a derived attributes, the value of which is derived from the DOB attribute. Age is not normally stored in a database because it would have to be updated regularly. On the other hand, as date of birth never changes and age can be derived from date of , date of birth is stored instead, and age is derived from DOB attribute, when needed. Identify relationships Having identifies the entities; next step is to identify all the relationships that exist between these entities. A relationship is a set of associations between participating entities. As with entities, each association should be uniquely identifiable within the set. A uniquely identifiable associations is called a relationships occurrence Clinic Relationships Entity Relationship Entity Clinic Has Veterinary Registers Pet Schedules Appointment IsContactedBy PetOwner Veterinary Relationships Entity Relationship Entity Veterinary Performs Examination Pet Owner Relationships Entity Relationship Entity PetOwner Owns Pet Pays Invoice Attends Appointment Pet Relationships Entity Relationship Entity Pet Undergoes Examination Attends Appointment Cardinality Ratio of PetCare database Cardinality or degree concerns the number of instances involved in a relationship. A relationship can be said to be either a 1:1 (one-to-one) relationship, a 1: M (one-to-many) relationship, or an M: N (many-to-many) relationship. Final Clinic relationships Entity Cardinality Relationship Cardinality Entity Clinic 1..1 Has 1..M Staff 1..M Registers 1..M Pet 1..1 Schedules 1†¦M Appointment 1..1 IsContactedBy 1..M PetOwner Final Veterinary Relationships Entity Cardinality Relationship Cardinality Entity Veterinary 1..1 Performs 1..M Examination Final Pet Owner Relationships Entity Cardinality Relationship Cardinality Entity PetOwner 1..1 Owns 1..M Pet 1..1 Pays 1..M Invoice 1..1 Attends 1..M Appointment Final Pet Relationships Entity Cardinality Relationship Cardinality Entity Pet 1..1 Undergoes 1..M Examination 1..1 Attends 1..M Appointment First draft Entity Relationship Data Model Second draft Entity Relationship Data Model Final Entity Relationship Data Model Task 2 Normalization Normalization is a technique for producing a set of table with desirable properties that support the requirements of a user or company. There are several normal forms, although the most ones are called first normal form (1NF), second normal form (2NF), and third normal form (3NF). All these normal forms are based on rules about relationships among the columns of a table. First normal forms (1NF) Only first normal form (1NF) is critical in creating appropriate tables for relational databases. All the subsequence normal forms are optional. A table in which the intersection of every column and record contains only one value Clinic (clinicNo, address, city, state, zipcode, telNo, faxNo, opeingHour) Primary Key clinicNo Alternate Key zipCode Alternate Key telNo Alternate Key faxNo Alternate Key opeingHour clinicNo address telNo openingHour C001 Enfield 503-555-3618, 503-555-2727, 503-555-6534 9.00-21-00 C002 Islington 206-555-6756, 206-555-8836 9.00-21-00 C003 Hackney 212-371-3000 9.00-21-00 C004 Holloway 206-555-3131, 206-555-4112 9.00-21-00 C005 Chingford 8502333 9.00-21-00 C006 Leyton 4650000 9.00-21-00This version of the Clinic table is not in 1NF More than one value, so not in 1NF Converting to 1NF To convert this version of the Clinic table to 1NF, we create separate table called ClinicTelephone to hold the telephone number of clinics, by removing the tellNo column from the Clinic table along with a copy of the primary key of the Clinic table. The primary key for the new ClinicTelephone table is now the telNo column. The Clinic and ClinicTelephone table are in 1 NF as there is a single value at the intersection of every column with every record for each table Clinic (Not 1NF) clinicNo address telNo openingHour C001 Enfield 503-555-3618, 503-555-2727, 503-555-6534 9.00-21-00 C002 Islington 206-555-6756, 206-555-8836 9.00-21-00 C003 Hackney 212-371-3000 9.00-21-00 C004 Holloway 206-555-3131, 206-555-4112 9.00-21-00 C005 Chingford 8502333 9.00-21-00 C006 Leyton 4650000 9.00-21-00 Remove telNo column and create a new column called telNo in the new table Take copy of clinicNo column to new table to become foreign key ClinicTelephone (1NF) clinicNo telNo C001 503-555-3618 C001 503-555-2727 C001 503-555-6534 C002 206-555-6756 C002 206-555-8836 C003 212-371-3000 C004 206-555-3131 C004 206-555-4112 C005 8502333 C006 4650000 Clinic (1NF) clinicNo address openingHour C001 Enfield 9.00-21-00 C002 Islington 9.00-21-00 C003 Hackney 9.00-21-00 C004 Holloway 9.00-21-00 C005 Chingford 9.00-21-00 C006 Leyton 9.00-21-00 Second normal form (2NF) Second normal form applies only to tables with composite primary keys that are table with a primary key composed of two or more columns. A 1NF table with a single column primary key is automatically in at least 2NF. A table that is not in 2NF may suffer from update anomalies. A table that is already in 1NF and which the values in each non-primary-key column can be worked out from values in all columns that make up the primary key. Third normal form (3NF) Although 2NF table have less redundancy that table in 1 NF, they may still suffer from update anomalies. A table that is already in 1NF and 2NF, and in which the values in all non-primary key columns can be worked out from only the primary key column and no other columns. staffNo name lastName salary clinicNo clinicAddress telNo S001 Tom Adams 25000 C001 Enfield 5035553618 S002 Sally Daniels 35222 C001 Enfield 5035553618 S003 Mary Chin 5200 C002 Islington 206555675 S004 Sally Stern 5000 C002 Islington 206555 S005 Art Peters 45822 C003 Hackney 8502333 S006 Tommy Verciti 65000 C004 Holloway 4650000 Values in clinicNo and clinicAddress columns can be worked out from telNo, so table not in 3NF Values in clinicNo and telNo columns can be worked out from clinicAddress, so table not in 3NF Values in all non-primary-key columns can be worked out from the primary key, staffNo Values in clinicAddress and telNo columns can be worked out from clinicNo, so table not in 3NF staffNo name lastName salary clinicNo clinicAddress telNo StaffClinic (Not 3NF) staffNo name lastName salary clinicNo clinicAddress telNo S001 Tom Adams 25000 C001 Enfield 5035553618 S002 Sally Daniels 35222 C001 Enfield 5035553618 S003 Mary Chin 5200 C002 Islington 206555675 S004 Sally Stern 5000 C002 Islington 206555 S005 Art Peters 45822 C003 Hackney 8502333 S006 Tommy Verciti 65000 C004 Holloway 4650000 Move column to new table Take copy of clinicNo column to new table to become primary key Clinic (3NF) clinicNo clinicAddress telNo C001 Enfield 5035553618 C001 Enfield 5035553618 C002 Islington 206555675 C002 Islington 206555 C003 Hackney 8502333 C004 Holloway 4650000 Staff (3NF) staffNo name lastName salary clinicNo S001 Tom Adams 25000 C001 S002 Sally Daniels 35222 C001 S003 Mary Chin 5200 C002 S004 Sally Stern 5000 C002 S005 Art Peters 45822 C003 S006 Tommy Verciti 65000 C004 Primary key Becomes foreign key Becomes candidate key Becomes primary key Task 3 Using a Database Management System (DBMS) of your choice, set up all the above normalized tables, and populate them with well-designed test data (minimum 5 records per table). Provides printouts of all tables. Reasonable assumption may be made with regard to data Clinic Table create table clinic ( clinicNO int not null primary key, telNo varchar(255), address varchar(255), ) alter table clinic add clinicName varchar (255) alter table clinic add openingHour varchar(255) alter table clinic add eTelNo varchar (255) insert into clinic values (01,2863015,Darwin Avenue,8.00-21.00,2863000,Enfield) insert into clinic values (02,4650001,John David Avenue,8.00-21.00,2868000,Islington) insert into clinic values (03,4278926,King Arthur Avenue,8.00-21.00,2867000,Hackney) insert into clinic values (04,2682365,Paul Mac Avenue,8.00-21.00,2866000,Holloway) insert into clinic values (05,4682685,James Micheal Avenue,8.00-21.00,2865000,Chingford) insert into clinic values (06,2863015,Benaoit Frank Avenue,8.00-21.00,2864000,Leyton) Pet owner create table petowner ( ownerID int not null primary key, oFName varchar (255), oLName varchar (255), clinicNo int foreign key references clinic (clinicNo)) alter table petowner add addres varchar(255) alter table petowner add hTelNo varchar(255) alter table petowner add mTelNo varchar (255) insert into petowner values (01,Marvin,Hemraj,1,Edith Cavel Str,2106584,758956) insert into petowner values (02,Ramjeet,Lavin,2,Avenue Gonin,2564589,7585695) insert into petowner values (03,Arzeena,Bakarkhan,3,Gorgetown Str,2106584,758956) insert into petowner values (04,Chetan,Sing,4,Jackson Road,2458695,7582658) insert into petowner values (05,Hansley,Nowjee,5,15 Ollier Avenue,2565458,7589562) insert into petowner values (06,Sam,Fisher,6,Leess Street,26584585,75895623) Pet Table create table pet ( petNo int not null primary key, type varchar (255), breed varchar (255), sex varchar (255), dob varchar (255) ) alter table pet add clinicNo int foreign key references clinic (clinicNo) alter table pet add ownerid int foreign key references petOwner (ownerid) alter table pet add petName varchar (255) insert into pet values (01,Dog,Terroer,Male,1 Jan 2004,01,01,Wouf) insert into pet values (02,Dog,Poodle,Female,2 Feb 2005,02,02,Snoopy) insert into pet values (03,Cat,Persian,Male,3 March 2006,03,03,Minous) insert into pet values (04,Cat,Siamese,Female,4 April 2007,04,04,Milous) insert into pet values (05,Rabit,Dwarf,male,5 May 2008,05,05,Lapino) insert into pet values (06,Cat,Siamese,Female,4 June 2009,06,06,Lapinas) Examination Table create table examination ( examNo int not null primary key ) alter table examination add veterinaryId int foreign key references veterinary (veterinaryId) alter table examination add petNo int foreign key references pet (petNo) alter table examination add presDrugType varchar (255), presPeriod varchar (255) insert into examination values (1,1,Anti-biotic,15,01) insert into examination values (2,2,Painkiller,14,02) insert into examination values (3,3,Behaviour modification,13,03) insert into examination values (4,4,Ear medication,12,04) insert into examination values (5,5,Skin medication,15,05) insert into examination values (6,6,Painkiller,10,06) Appointment Table create table appointment ( appNo int not null primary key, aDate varchar (255), aTime varchar (255), petNo int foreign key references pet (petNo), ownerID int foreign key references petowner (ownerID), veterinaryId int foreign key references veterinary (veterinaryId) ) alter table appointment add clinicNO int foreign key references clinic (clinicNO) alter table appointment alter column aDate date insert into appointment values (01,2 October 2010,10.00,1,1,1,1) insert into appointment values (02,3 November 2009,10.35,2,2,2,2) insert into appointment values (03,4 December 2009,13.00,3,3,3,3) insert into appointment values (04,5 January 2010,15.00,4,4,4,4) insert into appointment values (05,6 Feb 2010,18.00,5,5,5,5) insert into appointment values (06,7 March 2010,9.00,6,6,6,6) Invoice Table create table invoice ( invoiceNo int not null primary key, ownerid int foreign key references petowner (ownerid), amt int ) alter table invoice add examNo int foreign key references examination (examNo) insert into invoice values (01,01,500,1) insert into invoice values (02,02,2000,2) insert into invoice values (03,03,400,3) insert into invoice values (04,04,300,4) insert into invoice values (05,05,1500,5) insert into invoice values (06,06,750,6) Veterinary Table create table veterinary ( veterinaryId int not null primary key, name varchar (255), Address varchar(255), hTelNo varchar(255), mTelNo varchar(255), clinicBranch varchar (255), specialise varchar(255) ) select * from veterinary alter table veterinary add spspecialise varchar(255) alter table veterinary drop column clinicBranch alter table veterinary add clinicNo int foreign key references clinic (clinicNo) insert into veterinary values (01,Jean,High Street Way 43,6358264,7595865,1,dog) insert into veterinary values (02,Robbin,Lower Downtown 2,6582354,7362548,2,cat) insert into veterinary values (03,Ricky,Market Ville Road,4582356,7586523,3,rabit) insert into veterinary values (04,Rowan,Little China Road2,4582653,7263158,4,dog) insert into veterinary values (05,Laksh,Havana Roadway,8596564,7236458,5,rabit) insert into veterinary values (06,Hans,Talipos Road,4625687,7859584,6,cat) Task 4 Set-up and test all of the following queries using Structured Query Language (SQL). Provide printouts of SQL code for each query and the output produced when you run the query in the database you have developed. Query Question 1 Display the names and address of the branches of Petcare and the name of all veterinary doctors working at each of the branches. Any specialism (s) of the veterinary doctors should also show. Using SQL Code SELECT clinic.clinicName AS [Branches Name], clinic.address AS [Branches Address], veterinary.name AS [Veterinary Doctor Name], veterinary.specialise AS [Veterinary Specialism] FROM clinic INNER JOIN veterinary ON clinic.clinicNO = veterinary.clinicNo The Result Using Query Designer The Result Query Question 2 Display all the appointments for the whole of the Petcare organization. This should be ordered by date. The result should display the branch the appointment is at, the name of the veterinary doctor the appointment is with, the date and time of the appointment, the name of the animal the appointment is for, the type of animal and the breed of the animal. Using SQL code SELECT clinic.clinicName AS [Branches Name], veterinary.name AS [Veterinary Doctor Name], appointment.aDate AS [Appointment Date], appointment.aTime AS [Appointment Time], pet.petName AS [Pet Name], pet.type AS [Pet Type], pet.breed AS [Pet Breed] FROM appointment INNER JOIN clinic ON appointment.clinicNO = clinic.clinicNO INNER JOIN veterinary ON appointment.veterinaryId = veterinary.veterinaryId AND clinic.clinicNO = veterinary.clinicNo INNER JOIN pet ON appointment.petNo = pet.petNo AND clinic.clinicNO = pet.clinicNo ORDER BY [Appointment Date] The Result Using Query Designer The Result Task 5 Explain any assumptions you have made when analyzing, designing and implementing the above database, justify the approach you have taken and explain any alternative approaches you could have taken to any of the above tasks. Discuss any changes you would make to improve your work. Determine candidate, primary and alternate key attributes This step is concerned with identifying the candidate key for an entity and then selecting one to be the primary key. In the process of identifying primary keys, note whether an entity is strong or weak. In trying to identify candidate keys, I observe that the clinic number for the Clinic entity, the veterinary number for the veterinary entity, the invoice number for the Invoice entity are unique for the entire practice. On the other hand, the owner number for the PetOwner entity, the pet number for the Pet entity, are only unique for a particular clinic. Its not uncommon for a company to give different offices a degree of local autonomy. However, in a centralized database system its sometimes more appropriate to have uniqueness throughout the company. In discussion with the PetCare management, its agreed that all numbers should be allocated across the entire practice, as opposed to each branches. If this had not been the decision, it would have been necessary to add the clinic number to those numbers only unique within each clinic to gain uniqueness across the practice. With this in mind, I have now identify the primary keys and foreign key. Check model for redundancy At this point, I have a logical data model for Petcare. However, the data model may contain some redundancy which should be removed. More speci ¬Ã‚ cally, I have to: (1) Re-examine one-to-one (1:1) relationships. (2) Remove redundant relationships. (3) One-to-one (1:1) relationships Redundant relationships There are a number of relationships between PetOwner, Pet, Clinic, and Appointment, and a closer examination is useful to identify any redundant relationships. First of all, note that the PetOwner/Pet entities have mandatory participation in the POAttends/PAttends/Owns relationships, and that a PetOwner may own many pets. Therefore, for any given Appointment we can identify the Owner through the POAttends relationship, but we cannot then identify the Pet through the Owns relationship. However, for any given Appointment, we can identify the Pet through the PAttends relationship and for any given Pet we can identify the PetOwner through the Owns relationship, which suggests that the POAttends relationship is redundant. In a similar way, through the PAttends relationship we can identify the Pet, and through the Registers relationship we can identify the Clinic involved in the Appointment, which suggests the Schedules relationship is also redundant. Note that the IsContactedBy relationship between Clinic and PetOwner also appears to be redundant. However, PetCare notes the details of pet owners when they first make contact and only obtains the details of pets at the first appointment, and so the IsContactedBy relationship is retained. Check business rules Business rules are the constraints that I have impose in order to protect the database from becoming inconsistent. Of the six types of business rules, four were identified in previous steps and documented in the above. I consider the remaining two here: referential integrity and other business rules. Referential integrity There are two issues to consider here: (1) Identify whether nulls are allowed for the foreign key. In general, if the participation of the child table in the relationship is mandatory, then the strategy is tha

Sunday, January 19, 2020

Why Algebra? :: essays research papers

Why Do We Teach Algebra? Until recent history, mathematics had not been taught to the general population. Only those who were rich, powerful, and/or politically connected were given the opportunity to study math beyond basic counting operations. Many of my junior high students are excited about the prospects of returning to this situation. I have the opportunity to teach remedial math and math study skills courses for a local university. Many of the college students with whom I am involved are going back to school after many years in the work force. Most of them experience a high degree of math anxiety because they have forgotten much of the algebra they learned in school. They've forgotten it because they don't use algebra in their daily lives. In fact, many college students are quite successful in their various programs of study and yet struggle to pass their general algebra requirements. And almost everyone breaks into a cold sweat at the mere mention of the words "story problems". Given th e high anxiety level associated with the subject and the fact that so much of what we learn in algebra is not used by the general population, why is it so important that we teach it? Be honest! When was the last time you needed to factor a polynomial or to find the asymptotes in a rational expression. Unless you must use these ideas in your work, your answer is probably "huh?" Don't get me wrong, I think there are compelling reasons to teach algebra to the general population. The first reason, of course, is utility. We use much of the algebra we've learned every day. For example, the ordering properties of our real number system are the basis for almost all of our comparisons--deciding which cereal is cheaper, alphabetizing lists, etc, etc, etc. Negative numbers are useful in balancing our checkbooks--bummer! Of course, we add, subtract, multiply, and divide practically every day. I could go on and on. Most of the problem solving we do has a mathematical basis. Even "he loves me, he loves me not" is a simple mathematical progression--i.e.1, -1, 1, -1,... Another reason we should learn algebra is to enhance our pattern recognition skills. Pattern recognition is an important problem solving skill. If I can make a problem match a similar previously solved pattern, then the current problem is solved. This is a powerful tool. So powerful, in fact, that a mathematician’s work is more involved with determining whether a solution exists than actually finding the solution.

Saturday, January 11, 2020

Aspects of contract and business law Essay

Identify the legal criteria for offer and acceptance in a valid contract A contract is defined as a legally binding agreement and are very important in business. This is because: * it is risky to enter into a business arrangement without some form of contract * this is because, in the event of something not going as planned, a business contract is your safety net * without a business contract that stipulates the procedures, policies and expectations of the concerned parties, it is also likely that a dispute will arise in the course of the transactions * a broken contract can result in a law suit or an out of court settlement and the payment of damages caused by the breech of contract There are many different types of contracts. The main elements needed for a standard contract are: – Offer – Acceptance – Capacity – Consideration Offer And Acceptance Offer An offer is a definite promise made by an offeror to an offeree about the agreement made. They make this promise with the intention that it shall become binding or legally enforceable as soon as it accepted by the person receiving the offer (the offeree). Acceptance A valid offer must be accepted by the offeree to the contract. In normal circumstances, acceptance of the offer must be communicated to the person making the offer, (the offeror). Acceptance of an offer must be in the form specified in the offer. This can be both written or oral. An example of an offer and acceptance would be: A vending machine. The machine is offering you the items and you are choosing whether to accept the offer by putting your money into the machine to purchase the item. A person going into a shop to purchase an item, they would pick up the item and take it to the till to pay. When the customer, the offeror, hands the shop keeper the money they are making an offer, as soon as the shop keeper, the offeree, accepts the money they are showing acceptance. Sometimes the situation can just be as simple as this and no words have to be spoken. Invitation to treat There is a big difference between an offer and acceptance and an invitation to treat. An invitation to treat is an indication that a person is prepared to receive offers from another person. In this sense, ‘treat’ means to ‘trade’ or ‘to do business’. The person who is available to receive an invitation to treat can accept or reject the offer until the final moment of acceptance. An example of invitation to treat would be: – Goods displayed, with a price ticket attached, in a shop window or supermarket; the customer can make an offer to buy the product, this can then be accepted or rejected by the seller up to the point of sale. – Products advertised in catalog, brochures, Internet etc, even if the word offer is used by sellers to promote their goods. An offer must be distinguished from an invitation to treat. Carlill vs carbolic smoke ball company (1892) The carbolic smoke company placed an advertisement in newspaper to tell people of their new flu remedy. The advertisement stated that it would pay  £100 to anyone who took the remedy for 14 days but still got the flu. Mrs carlill used the remedy but unfortunately still got the flu, and made a claim against the company for the money. But the smoke ball company refused to pay the money. The company tried to claim that the advertisement was an attempt to make an offer to the whole world which meant communication of it was impossible. Normally an advertisement in the newspaper or on television etc, would be an invitation to treat, but in this case as the company had actually gone out of their way to put money into the bank they lost the argument, and it made it an offer and acceptance. The company had made an offer to the whole world and mrs carlill choose to accept their offer meaning they had to pay her as a contract had been made. Counter offers Counters offers are offers that are made and then gone back on and adjusted. As soon as a counter offer is made it voids the original contract. For example, if I want to buy a car and the offeror offers it to me for  £5000 and I choose not to accept as it is too high, but then to counter offer by offering them a lower price for it and then the original offeror chooses not to accept my offer, and I then say okay I will pay  £5000 and then they say no sorry, you can have it for  £5500. This is a counter offer, as I rejected the original offer and then by counter offering I made the original offer void, and then they can make a new offer. Task two (p2) Explain the law in relation to the formation of a contract in a given situation A contract comes in to existence when the offer that has been made by the offeror is accepted by the offeree. Contracts can be written or verbal/oral. A verbal contract is when two parties agree through the spoken word and therefore bound by a verbal agreement. This is often done between friends or business people that know each other well enough to agree to be bound legally on a spoken word or a hand shake. An example of this could be, ‘I will wash your car for ten pounds’, ‘okay thank you very much’. Written contracts are much more common in the work place. It is much easier and simpler for people to be bound by the terms of a written contract, where the details of the contract are included in a document signed by each party, (the offeree and the offeror). These can range from relatively simple agreements to much more formal contracts signed by the parties. Some examples of these could be, the sale of land, regulated credit and hi agreements and employment. Sometimes, a written contract can be much more beneficial and could be a lot safer to use, some examples why are: * A well written, clear, concise contract can avoid customer disputes and complaints. The contract should make clear both parties rights and regulations and obligations. * The subject matter can be easier to understand in a written contract. * Written contracts can specify delivery times, deadlines etc. * It is easier to put down the payments terms in a written document. * A written contract can provide alternative methods for the settlement of certain disputes. Also there is standard form contracts. Consideration Under contract law, the agreement between the parties will not in itself create a legally binding contract. There must be some degree of consideration between the parties for a valid contract to take place. Consideration is what one party to a contract will get from the other party in return for performing contract obligations. A contract is based on the exchange of promises. Each party to a contract must be both a promisor and a promisee. They must each receive a benefit and each suffer a detriment. This benefit or detriment is referred to as consideration. Consideration must be something of value in the eyes of the law. – This excludes promises of love and affection, gaming and betting etc. A one sided promise which is not supported by consideration is a gift. The law does not enforce gifts unless they are made by deed. An example of this would be, An event organiser promises to pay a band  £1000 if they sing at an event. The consideration for the event organisers promise would be to pay band if they promise to play at an event. The consideration for the bands promise to play at the event is the event organiser to pay the band  £1000. Consideration can take two forms: * executed consideration – an act in exchange for a promise, such as a reward case where the person making the offer promises to pay the reward upon the act of the act being completed. * executory consideration – the parties exchange promises to perform acts in the future, most contracts begin this way. For example, a seller promises to deliver to a buyer as a result of the buyers promise to buy at the agreed price. Consideration from the buyer is the promise to pay the price on completion. There are 5 rules of consideration, which are, 1) consideration must not be past 2) consideration must be sufficient but need not be adequate – there is no requirement that the consideration must be market value, providing some of value is given eg  £1 given in exchange for a house would be valid, the courts are not concerned with whether the parties have made a good or bad bargain 3) consideration must move from the promise – if a person other than the promisee is to provide the consideration, the promisee can not enforce the agreement Tweed one v Atkinson (1861) A couple were getting married and the father of the bride entered into an agreement with the father of the groom saying that they would each pay the couple a sum of money. Unfortunately both the father of the bride and the father of the groom died without paying any money. The groom then made a claim against the executor of the will. The claim failed as the groom was not party to the agreement and the consideration did not move from him. Therefore he was not entailed to enforce the contract. 4) an existing publics duty will not amount to a valid consideration – where a party has a public duty to act, this can not be used as consideration for a new promise 5) an existing contractual duty will not amount to valid consideration – if a party has an existing contractual duty to do an act, this act can not be used as consideration for a new promise Capacity Capacity is the legal power to enter into a contract. Who does not have the legal capacity? * minors – do have limited capacity * bankrupts * incapacitated persons – do have limited capacity For example, minors. Legal rules have been developed to protect minors from contractual liability and to allow them to also enter into agreements in limited circumstances. There are two types of contract that bind minor when dealing with adults, – supply of necessary goods – employment Also incapacitated persons are unable to enter into a contract. People suffering from a medically diagnosed mental health condition cannot enter into a valid contact as it is believed they do not have sufficient mental capacity to understand what it is they are doing. Also if the person is intoxicated and able to prove they were at the time the contract came into place they are seen as an incapacitated person and are unable to legally enter into a contract. Privity of a contract The doctrine of private means that a contract cannot confer rights or impose obligations arising under it on any person except the parties to it. Under common law only a promisee may enforce the promise meaning that if the third party is not a promisee they are not a privy to that certain contract. It is a legal concept denying third parties the right to sue on a contract. Price v Easton (1833) This case involved a three way argument. Basically Easton agreed with X that he would pay Price for the work that X had done. They completed the work and Easton refused to pay Price the money, Price tried to sue Easton but he failed. This was due to private of a contract. The contract was made between Easton and X therefore Price was not a privy to the contract. Task Three (p3) Describe the law with respect to misrepresentation in a given situation. Misrepresentation is a false statement of fact made by one party to other party before the contract is made with a view to inducing the other to enter it. For example, ‘one carful owner’ this statement is very misleading as you would expect that only one person has owner the product before and has been very careful with it, but this statement really could mean, it may have only had one careful owner but had ten bad owners. This statement is not lying it is just stating a fact and leaving out important detail therefore this is an example of misrepresentation. Once it has been established that a false statement has been made and that it induced the contract, it is necessary to determine the type of misrepresentation in order to determine the available remedy. There are different types of misrepresentation. For example, Fraudulent – A person will be liable for fraud if they make a statement which they know to be false or they have no belief in its truth or they are reckless or careless whether it is true or false. For example, Lapland new forest produced a website showing fantastic winter scenes. Unfortunately, the photos on the website were not taken at the park and customers were hugely disappointed when they arrived at the resort to find it is not at all like the website, many demanded their money back. In 2009 the owners of the park appeared in court and were charged with fraudulent misrepresentation. Innocent – a false statement made by a person who had reasonable grounds to believe that it was true, not only when the contract was made but also when the contact was entered into. Negligent – A person can be liable when they make a false statement and have no reasonable ground for believing the statement to be true. In the situation given I believe that it is negligent misrepresentation as Esso had no reason to believe that the statement given by their experienced representative was true at the time or the time the contract was entered into. I think the representative gave a false statement to get Martin to enter into the contract. I think Esso were inducing Martin into entering the contact, although, Martin would have expected the statement to be correct as it was an experienced representative for Esso who gave the statement he would have thought that they would be a reliable source so he probably did not do any checks on the land and just thought their word for it. Task Four (m1) Analyse the impact of the requirements for a valid contract in a given situation. 1) Mr Baron You have not entered into a valid contract as Mrs Anderson did not accept your offer. She informed you that she intends to sell her car at a certain price and you said you would like to buy it. There is o evidence that offer and acceptance has taken place here therefore no contact was made. 2) Mr Cunningham Although the seller offered you the product at  £900 as soon as you offered him  £800 the contract was broken. This is because of counter offer taking place. Even though you were prepared to pay the full price in the end, you had broken the contract by counter offering him therefore it is his choice whether to sell the product or not and whether to enter into another contract with you. 10) Mrs Lawrence (I wasn’t sure if the garage checks/services the car before they sell it on so I did two explanations) This is a case of fraudulent misrepresentation. Before the car was sold to you, the car sales showroom should have checked the car to make sure everything they were stating about the car was correct. Therefore they should have known that the mileage was significantly higher when you purchased it. This is a case of innocent misrepresentation. At the time when the car sales showroom sold the car to you they did not know that the mileage was significantly higher therefore it can not be seen as their fault as they were lead to believe that the statement they were giving was true.

Friday, January 3, 2020

Thesis Paper on the Crucible T - 1143 Words

John Proctor: #8220;God in heaven, what is John Proctor, what is John Proctor#8221;. John is a man of strong moral beliefs any way he or she look at him, concerned only for the safety of his family and personal welfare. He cares of nothing for the beliefs of any of the other people in the town and what his supervisor which is the Reverend, thinks either. After trying to avoid involvement in the witch trials he is later prosecuted for witchery and sentenced to hang. John trys to avoid any involvement in the Salem witch trials. His reason for doing so is to protect his image because he is afraid he will be committed of adultery with Abigail Williams. Following these events he trys to save everyone#8217;s lives by admitting to this†¦show more content†¦Although all this goes on in the end the community of Salem lies on his decision on weather to lie dishonorably or die honorably. John Proctor is looked upon as a respectable farmer, and as a individualist, he may be but he is st ill respected. John does not respect the church or theocracy especially when a reverend so corrupt is the superior. John Proctor is setup as the individual who is revolting form the restrictions of too much authority. He does not like #8220;the smell of this authority.#8221; Many men were believed to be tempted by the Devil to do his bidding and they were thought of to be the enemy. #8220;In Salem, the enemy is at least partially represented by Proctor, who is acting as an individual and is breaking away from the established authority.#8221; As such, he is a threat to the community, and consequently will be considered as being aligned with the Devil. The one looked upon as a threat, ultimately, the central figure of drama, but still seen as a Christian is seen to be John Proctor. 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