Common law Essay Example | Topics and Well Written Essays - 3750 words - 1

Common law - Essay Example ......................................8 5- Vicarious Liability...................................................................................................................9 6- Occupiers Liability................................................................................................................10 7- Strict Liability........................................................................................................................12 8- Negligence and Vicarious Liability.......................................................................................13 9- Bibliography.........................................................................................................................15 Total words: 3725. Task 1: 1-a: Formation of a contract This question is about contract, the problem in this question requires a discussion of offer, invitation to treat, counter-offer, acceptance and in particular the postal rule. Each of these elements will be discussed i n turn and an evaluation of the facts would be made thereafter. Contracts and its formation and giving legal effect to them is a matter which has been scrutinized critically by case law and statutes. The contract being formed is dependent upon an offer, which in turn requires an acceptance upon the conclusion of which question of consideration is concerned (Mackendrick, 2009). As per Professor Atiyah, the issue of offer and acceptance has been determined by courts in two ways, that is ‘reason forwards’ and ‘reason backwards’, the former is where existence of offer and acceptance are determined first and then the conclusion on the dispute is made; the latter is where the courts can reason from the appropriate solution back to the legal concepts of offer and acceptance (Atiyah et al, 2006). Offer has been defined as an intent of readiness on the part of one party who is called an offeror, so as to be bound by the terms that he states, subject to the fact that such an offer is accepted by the offeree (the person to whom the offer is made) unconcditionally. There has been a distinction drawn between an invitation to treat and offer and the former is said to be intent of readiness of a party so as to start negotiations and is therefore not unconditional (Fisher v Bell)1. The two main cases in this respect are Gibson v Manchester City Council2 and Storer v Manchester City Council3. In Gibson, the treasurer issued a letter to G whereby it was stated that the Council may sell the house to him, was construed to be an invitation to treat, this was affirmed by the situation that G was requested to have a formal application for purchase to be made.. The approach taken by the court was that they took the correspondence between the parties into consideration when determining the outcome. Contrary to that the courts, in Storer said there was a contract which was present as the matter had moved beyond the phase of negotiations. An offer should be dif ferentiated from a mere statement of price that is an enquiry as to the price (Harvey v. Facey)4 (Mackendrick, 2009). The courts have found advertisements to be an invitation to treat (Partridge v Crittenden)5, however, interpretation of courts has led to certain exceptions and the reasons cited for it are the intention to be bound and certainty (Carlill v Carbolic Smoke Ball Co.)6. Display of goods in shops are generally held to be invitation to treat (Fisher v. Bell) (Furmston et al. 2007). In respect of Doris placing the vase on her shop it would be held to be an invitat

A research analysis on American Impressionists painter Mary Cassatt's Paper

A analysis on American Impressionists painter Mary Cassatt's life, work, technique and media style - Research Paper Example The purpose of this paper is to explore four pieces of Cassatt’s work in detail to fully understand the techniques and media styles used within these paintings. To explore further meaning from Cassatt’s work, a brief overview of her life and the culture in which she was producing art will be given. This exploration will add contextual depth to the analysis of Cassatt’s work, as an artist cannot be separated from their environment when exploring their work. Life of Mary Cassatt Mary Cassatt was born in what is now Pittsburg in 1844 into a wealthy family (McKown 89). Her father was a stockbroker and her mother also came from a banking family, meaning that the family did not have economic problems and allowed Cassatt to explore artistic options that may not have been open to many at the time. As a result of her mother’s wealth, Cassatt had a strong and well-educated female role model in her life, again allowing her to develop free from many of the constraints on women during the 19th century (Streissguth 5). Although living in the United States officially, Cassatt’s family believed that travel was extremely important and thus Cassatt had exposure to many of the European capital cities (such as Rome, Paris and Berlin) during her early life (Streissguth 8), which may have shaped a lot of her work. It was in Paris that Cassatt became exposed to many of the Old Masters, and became familiar with the works of Degas and Pissarro, both of whom would later play important roles in her artistic development (Streissguth 9). Later in life, Cassatt attended the Pennsylvania Academy of the Fine Arts, determined to make art into a career (Frank 86). Although her family was slightly disapproving and most of the women at the time did not pursue careers, Cassatt studied here from 1861 to 1865 (Frank 86). After this period of study, Cassatt moved to Paris (with female chaperones). Although not allowed to study art officially (as a woman), Cassatt di d have access to some of the masters who lived and taught in the city and was allowed to be privately educated in this sense (McKown 91). In 1868 the piece â€Å"A Mandolin Player† was accepted for display by the Paris Salon, an extremely important honor for artists at the time (McKown 5). However, the French art scene was radically changing and much of Cassatt’s work was still painted in a traditional style, leaving this early honor not much replicated (McKown 5). She moved back to America, again not having much success with her artwork until attracting the attention of the Archbishop of Pittsburgh, who commissioned paintings from Italy and thus sending Cassatt back to Europe (Frank 86). It was after this return to Europe that Cassatt really began to enjoy some financial success from her paintings. In the first seven years of this return, Cassatt always had a piece of artwork for display at the Paris Salon, a great mark of success (Frank 86). She also began to travel to Spain, finding that many of the female artists who were on display in the art world were often so only because of their connections and flirtations (Streissguth 32). After her successful seven years, she had entries rejected from the Salon but was invited to learn about Impressionism by Degas, who