Contract law coursework - Consideration Essay Example | Topics and Well Written Essays - 1500 words

Contract law coursework - Consideration - Essay Example The fact that past consideration cannot constitute valid consideration was depicted in Eastwood v Kenyon2. In this case the guardian of a young girl obtained a loan in order to defray the cost of her education. After the completion of her education this girl entered holy wedlock. Her husband agreed to repay the loan. The court opined that the guardian of the girl was not entitled to enforce the promise because of the fact that the loan was availed by him to educate the girl constituted past consideration which had been completed long before her husband had made the promise to repay this loan. However, in Pau On v. Lau Yiu Long past consideration was deemed to be good consideration. In this case the court decided that for a new contract, an advantage that was bestowed or a disadvantage that had been undergone in the past could be deemed to be valuable consideration if payment was forthcoming. Further, the court opined that commercial pressure cannot be considered to be coercion if it is a reasonable business practice3. In all such exceptional cases the original act should have been conducted by the promisee at the behest of the promisor; an unambiguous perception should exist between the parties that remuneration would be made available for performing the contract and the promisee should have agreed to these terms, prior to receiving the consideration, which must be enforceable as a legally binding contract. In the month of February road repair work commenced in front of Tommy’s establishment. This made access to Tommy’s establishment difficult and resulted in a drastic reduction of business. The Arcadia Company consented to reduce the rent, for a period of three months, to  £30 per week. The road repair work was over at the end of three months and normalcy was restored. However, due to the road repair work a lot of dust had accumulated and Tommy was compelled to engage

Characteristics of a Learning Organization Research Paper

Characteristics of a Learning Organization - Research Paper Example These organizations also end up repeating the same mistakes over and over again. The best example is situation whereby an organization spends a lot of time restructuring and repeating initiatives because the previous initiatives did not lead to the desired results (Boranmoon, 2005). My preferred learning organization is Social Care Institute for Excellence (SCIE). In addition, the Social Care Institute for Excellence is able to promote learning and leadership in its operations at all levels. The type of leadership promoted by the Social Care Institute for Excellence is able to promote accountability in various levels of leadership. Leaders as well as individuals are made accountable for their actions whenever they engage in decisions that do not contribute to the success of the organization. Organizations that encourage responsibility and accountability often become clearer and stronger in their dealings. These organizations also realize that they are able to produce good leaders of tomorrow who can bring change in the society in which they live in. creating responsible individuals is also important because they help in achieving the common goal to the organization. The Social Care Institute for Excellence’s vision, mission and values can fit well into an overall strategic direction. Learning organizations can only ensure that there is responsibility among individuals if they work through strong network of relationships and helping one another in correcting their weaknesses, rather that creating a working environment in which individuals work under pressure to achieve their objective (Boranmoon, 2005). The Social Care Institute for Excellence also ensures that there is a conducive learning environment for all individuals. The organization should take advantage and use the available intelligent resource within the organization to improve in their service delivery. This can only be achieved if every individual is given a chance to develop their skills and talents. Further, social Care Institute for Excellence engages both internal and external stakeholders in the decision making process. They them respond with adequate measures towards the issues generated by stake holders. Stakeholders must always be included in the decision making process for any learning organization to achieve their objectives. Lack of concern towards the views of the stakeholders can only lead to more complications in the process of implementing certain projects. Success in the implementation of all projects and activities of a learning organization depends upon the cooperation among all stakeholders (Boranmoon, 2005). Social Care Institute for Excellence ensures that there is sustainability thinking within the organization’s culture. Each and every individual within the organization should be made to think that they are very important to the sustainability of the organization. When individuals within the learning organization feel that they are very insi gnificant in the progress, the productivity may be affected thus affecting the ability to meet the set objectives. Every individual within the learning organization must feel a sense of worth in the operations and management of the organization (Boranmoon, 2005). Social Care Institute for Excellence incorporates the efforts of several individuals. It is more that just one person and it arises from the collaboration of individuals in groups