Australian contract law Essay Example | Topics and Well Written Essays - 1500 words

Australian contract law - Essay Example Such ways of making a contract can be; signing a document, clicking ‘agree’ button on the web as well as making an agreement over the phone. Contract law constitutes any regulations or laws directed inline of enforcing certain promises. The contract law in Australia is mainly regulated by the common law. However, more states are supplementing the common law of contract specifically in connection with the consumer protection (Goldring, 1998). What makes a valid enforceable contract between parties? A contract is considered valid if there is the provision of a written or signed agreement by both parties. It has been stated that the two companies entered into a written service contract which meant that, the Big industry decided to make an offer to Pat while on the other side, Pat accepted the offer and anticipated to arrive at a significant work from Big industry in future. The enforcement is valid due to the way that is has been laid down in a written document. The contrac t agreement had involved both parties which must have signed a document to establish an offer from one side and at the same time an acceptance of the other party. There is therefore a valid enforceable contract between Pat and Big Industry. Pat, a computer software consultant was expected to write four computer programs which were made to be used by the Big Industry in controlling its automated manufacturing machines. More terms within the contract agreement was that the Big industry was supposed to pay twenty five thousand dollars to Pat on completion of the work. Payments would only be made after the completion of the work on contract. Another term provided within the contract was that the written computer programs be delivered to the Big industry no later than may first. The contract agreement did not seem to provide any chance for delivery after the agreed date, the first day of May. No modifications of the contract would be valid unless it was in writing and signed by both the Big industry and Pat. The April fifteen phone call between Pat and Hillary brought in much effect on the contract terms. According to the contract agreement made on first April, Pat accepted to write the total number of the computer programs and gave much expectation for the Big Industry that before the first day of May, all programs would be ready for use. The phone call was meant to make a change in the agreement that Pat would not deliver the contract as it was agreed on April first. Pat said that he was having a problem with the programs three and one and that he would not be able to deliver them until at least eight may or may be sometimes closer to fifteenth of May. Pat went ahead to mention that he had some doubts that he would be able to write program number four at all since the Big Industry’s computer hardware was nearly obsolete. He communicated that he would only deliver program number one and two by the first day of May. This phone call demonstrated that change w ould occur in the terms agreed as per the contract. The contract terms were that Pat would write four programs by May first and that the total payment would only be made after the delivery. Pat on the phone call notified that he would only deliver two written programs and that one would come late while the other one would not be written at all. The change in the content of delivery meant that all terms and conditions of the contract would as well change. The Big Industry would as well adjust its payments and expectations for the

Evaluation of Deterrence Theory Research Paper Example | Topics and Well Written Essays - 1500 words

Evaluation of Deterrence Theory - Research Paper Example In my evaluation, I use the evaluation method proposed by Akers and Seller. In this technique, the theory is evaluated using its scope, logical consistency, parsimony, testability, empirical validity, and its usefulness and policy implication. A major advantage of this method that it can give us the chance to evaluate almost all the aspects of this theory. Theory Discussion This theory uses the idea that fear of punishment or negative consequences resulting from committing a crime can cause individuals to refrain from committing offenses (Maimon, 2012). One of the things this theory uses in explaining criminology is human rationality. It says that human nature is motivated to do something that has more gains than losses. Therefore, if someone sees that he will have more loss than gain from a crime when he is caught, he will be motivated to refrain from the crime. This theory thus proposes that severe punishments should be imposed on crimes and offenses to increase the risks that a pe rson exposes himself to when committing them. The theory also uses the concept of an individual’s free will and the power of a person to make calculated choices in explaining crime. This theory states that people commit crimes due to the drive to do so from their free will without being directed to do so by someone else. However, it indicates that in making a choice to commit a crime individuals to analyze the gains and losses which might result from the choices they want to make. As a result, the choices they make are always calculated to make sure they maximize gains while minimizing risks. If severe punishments are imposed on crimes they will make the crimes to be less attractive and hence make individuals refrain from them. This theory explains individual offending and how people can be deterred from committing crimes. It suggests that imposing formal legal punishments can deter individuals from offending. However, according to Maimone al (2012), the theory explains that the deterrent effect of these formal legal punishments depends on their severity, certainty, and celebrity.