Aspects of Contract & Negligence Assignment Example | Topics and Well Written Essays - 3750 words

Aspects of Contract & Negligence - Assignment Example 1). For example, a contractor agrees to construct a building on a specific site for the site owner within a particular timeframe and pursuant to detailed specifications in consideration of a specific price to paid by the site owner. In ordinary circumstances this would be a gratuitous exchange of promises. However, since the parties (site owner and contractor) intend to create legal relations, the agreement is a contract and therefore the voluntary undertakings and promises become legal obligations under the law (Koffman and MacDonald, p. 1). For instance, if the contractor fails to construct the building within the specific timeframe, the site owner has a right to sue the contractor for a breach of contract and can seek compensatory damages for the same. Likewise, if the contractor lives up to his or her undertakings and promises and the site owner fails to pay the promised price for the same, the contractor can sue the site owner for breach of contract and may seek compensatory dam ages as well. In a typical case, the parties to a contract will expressly state or write out the terms of the contract. In this regard, each of the parties’ undertakings and promises will be articulated. The parties will then have a legal obligation to abide by those express terms (Ashcroft and Ashcroft, p. 50). The express terms of a contract will often have an impact on other persons who are not parties to the contract, although the right to enforce the express terms of a contract will only be applicable to the parties who have formed the contract and negotiated its terms and conditions (Ashcroft and Ashcroft, p. 51). The impact on other parties not parties to the contract can arise in specifically defined circumstances. For example a contract for a contractor to install doors and windows in a dwelling house for a site owner who leases the house to tenants will impact the tenants. In the installation of windows and doors, the tenants will be subjected to disruptions and int erruptions in their daily lives as the construction takes place. Therefore if for some reason either the contractor or the site owner delays the installation of the doors and windows, the tenants will be disadvantaged. Therefore in an action for breach of contract on the part of the contractor, the site owner may be entitled to claim additional damages for having to compensate the tenants either by a reduction in rent or a temporary relocation as a result of the delay. Therefore, although privity of contract only means that only the parties to the contract are bound by the specific terms and conditions in the contract, the impact of breaching those terms and conditions on third parties may increase the obligations of the parties to the contract (Koffman and MacDonald, p. 476). In the example provided (a contract for installing doors and windows), the contractor will also have to rely on other parties to ensure that he or she lives up to her specific terms and conditions. For example , the contractor will have to order doors and windows and will also have to enter into a contract for the delivery of the windows and doors. Therefore, two other contracts will come into play under the main contract and any breaches of these incidental contracts can impact the contractor’s ability to live up to the terms and conditions of the main contract (Koffman and MacDonald, p. 477). Therefore, if the windows and doors are not delivered on time, the contractor may be in breach of the contract with the site owner and in an action

Theories of development and how they have ifluenced current practice Essay

Theories of development and how they have ifluenced current practice - Essay Example These theories include: Behavioral Theories Cognitive Theories Psychoanalytical Theories Humanist Theories Personality Theories Operant Conditioning Theories Below there is a little discussion on some of these theories and there’s impact on the current practices of psychology. Psychoanalytical Theory: This theory implies the efforts of psychoanalysts who work according to this theory, major researchers whose work is significant in this theory include Sigmund Freud, Melanie Klein and Jacques Lacan, and others include fanon and Althusser. At large these theories address cultures rather than individuals. These analysts usually observe the communities and analyze the factors and the cultural diversities which are affecting these communities. At times, the patient is not willing to share the information with the psychologist so in that case, further treatment can be restrained so psychologist should come to the level of transference with the patient which is a condition in which pa tient starts to take the service provider as one of his family member so the therapist should minimize the gap between resistance and the transference as it will help him to resolve the problem of the client. Sigmund Freud was the first renowned person in the field of psychoanalysis, most of his theories appeared unacceptable at the start of the19th century but now most of these theories are accepted worldwide in psychology. Before his time even, there were therapist who believed in unconscious mental activity but he was the pioneer who clearly explained the importance of unconscious mental activity. He was of the view that both abnormal as well as normal behavior was controlled by unconscious activity and the past events of the patient affect the present behavior of the client. At the beginning, his ideas faced criticism but he firmly believed in those ideas and now a days, his ideology forms the basis of psychoanalysis. Most of the psychoanalysts believe that psychoanalysis is the most significant parameter which can give an insight of the human mind and by having the knowledge of oneself; patients can relieve themselves from their illnesses and can built strong human relationships. Nowadays psychoanalysis is useful in following practices It is a technique which is used to train the professionals. It is a scientific method which is used as a tool for critical appreciation which can be useful in studying the individuals as well as their life’s scenarios. It is the main theory in the clinical psychology. It can be a part of therapeutic intervention for the management of neurosis. This theory laid the foundation of the thought that one should be open to accept new techniques and principles in the field of psychology. Cognitive Theory: Cognitive theory basically stands on the concept of perception, according to cognitive theory; human thoughts are the determinant of human emotions as well as behavior thus affecting the personality in the end. Most of the followers of this school of thought are of the view that if there are no thoughts then there would be neither any emotions nor any behavioral implications so thoughts can be considered as a building block of any emotional process. This theory acquired attention in the 80’s and 90’s and since then a lot of literature has been written on this principle emphasizing the need to modify