Business and the Law Essay Example | Topics and Well Written Essays - 1250 words

Business and the Law - Essay Example For example in Carlill v Carbolic Smoke Ball C. [1893] is was held that there would be consideration even if the promise suffered an inconvenience by using the advertised smoke ball under the directions of the promisor and the promisor had not incurred a benefit. As Selwyn LJ noted, â€Å"any act† which either confers upon the promisor a benefit or â€Å"any detriment, or inconvenience† to the promise will amount to consideration.2 Essentially, consideration is an act or exchange of promises or bargains from which a quid pro quo outcome can be inferred.3 There is no consideration where there is a mere gratuitous promise with no exchange of promises.4 Giving the broad meaning of consideration in the law of contract, a collateral contract satisfies the requirement for consideration. It was held in De Lassalle v Guildford [1901] that there is consideration when the promisor promises to enter into the principal contract.5 It therefore follows that not only do collateral con tracts require consideration, they by necessity encompass consideration. ... For instance in relationship based upon the requirement of confidence and trust, there is a presumption of undue influence. However, fiduciary relationships and relationships characterized by inequality in bargaining positions will not automatically give rise to a presumption of undue influence.7 In this regard, it is not likely that ordinary contracts between banks and consumers will give rise to undue influence sufficient for voiding a contract. The specific facts of the case will determine whether there was undue influence. For example in Lloyds v Bundy [1975] QB 326, an aging farmer with no business experience provided the plaintiff with three guarantees in favour of a loan for his son’s failing business. The aging farmer had not been told of the gravity of his son’s business failings and was not the recipient of neutral legal representation. The loan failed to save the son’s business and the plaintiff took action to realize the loan by taking possession of t he aging farmer’s farm. The court ruled that there had been undue influence.8 The inequities between the bank and the elderly farmer in circumstances where there was essentially undue influence on the part of the bank, can give rise to unconsionability under Section 51 of the Trade Practices Act 1974 (as amended). Section 51 of the Trade Practices Act 1974 demonstrates the close relationship between unconscionability and undue influence.9 Essentially, Section 51 permits remedies for the consumer in circumstances where bargaining is conducted with the result that its corresponding agreement or the conduct during bargaining is unconscionable. A contract is unconscionable where one party is stronger than the other and asserts his will on the weaker party so

Develop an awareness of self in relation to others Coursework

Develop an awareness of self in relation to others - Coursework Example The defense mechanisms help people in maintaining their self-esteem and self-respect in face of embarrassing, threatening or defeating situations. Hence, defense mechanisms are mental tools used by people from feeling unworthy and inferior. Using defense mechanism once or twice is fine. However, when people start using defense mechanism often, then it harms their reputation and also keeps them from seeing the ‘real’ picture. ‘Rationalization’ and ‘projection’ are among the most commonly used defense mechanisms by people. People use rationalization when the truth about a situation is painful to accept. In such situations, people use rationalization as a defense mechanism and give socially acceptable and reasonable explanation for their behaviour. By doing so, people avoid accepting their own fears, anxieties and negative aspects of personality. After using rationalization repeatedly, it becomes a part of their unconscious behaviour pattern and th ey lose the ability to reflect on the truth or to improve their behaviour. Hence, people around them lose trust and faith in them and consider them as people ‘who always give excuses’ and hence, not dependable. In this way rationalization affects the trust and bonding in personal and professional relationships. ‘Projection’ is another defense mechanism where a person blames another person or situation for his own inadequacies, unfavorable characters and failure. When projection becomes a habit, then the person using it loses the sense of reality and examines people and situations in distorted way. People around him start to realize that this person is never going to improve as he never accepts his fault and weaknesses. They consider him as irresponsible and immature. Hence, they start keeping a distance from him and do not allow him to form close relationship with them. In this way, a person who uses projection as a defense mechanism fails to make and maint ain relationships. His attitude of blaming others repels people from him. Factors Inhibiting Congruent Relating Congruence in relationship is possible when the counsellor and the client are open, authentic and honest with each other in the process of counselling. However, for the formation of a congruent relationship with clients, the counsellor needs to have a ‘whole’ and ‘integrated’ personality. Otherwise, the counsellor is unable to help the client to achieve the ‘integration’ in his personality. Hence, if the counsellor lacks growth and ‘integration’ in his own personality, then it inhibits the formation of congruence between the counsellor and the client while counselling. Second factor that inhibits the congruent relating with clients is the lack of ‘self -awareness’ in the counsellor. When a counsellor is not consciously aware of the weak areas in his personality, then he gets uncomfortable and irritated while attending to those weaknesses in his clients. Hence, being aware of the weaknesses in his own personality is very important for the counsellor. Otherwise, it inhibits congruent relating with the client by creating discomfort and friction in interactions while counselling.