Rescission of a contract in the law of contracts

Introduction The answer is yes, Big Banks President can rescind the contract under the following special circumstances. In the law of contracts, when a contract is rescinded, it means that the two parties to the contract have been relieved of their obligation in relation to the initial contract entered in the initial agreement.Advertising We will write a custom essay sample on Rescission of a contract in the law of contracts specifically for you for only $16.05 $11/page Learn More Mutual rescission In some cases, in the law of contracts, the two parties may be discharged from their obligations in an agreement to carry out a consideration either in terms of money or otherwise if before its performance, the two parties mutually agree to follow a new agreement after the completion of an initial agreement through mutual assent. In this case, both parties involved are relieved of their contractual obligations. This is possible even if the contract has express or implied instruction suggesting on the contrary. In this case, there are facts that must be alleged and proved beyond any reasonable doubt, whether the contract is oral or written. Form of the contract The form of the contract can either be written or oral, provided that the circumstances of the contract can be proved; the actions of the parties to the contract will not matter as they can be express or implied. The law of contracts on rescission prevails; regardless of the form of the contract provided, there is consideration and supporting circumstances as evidence. Assent All the parties to the contract must agree on the action to be taken through mutual agreement. This can only be evident when there is a meeting of the both parties. In some cases, one of the parties may repudiate the contract, and the second party impliedly takes the repudiation as a counter offer leading to a rescission of the contract. It should, however, be noted that this must be clearly expressed. Conside ration An agreement between the parties to rescind the contract must be supported by sufficient consideration in terms of an inducement with money or otherwise. Unless one of the parties to the contract carries out his/her part of the agreement, he or she must be adequately compensated without any favors. Operation and effect In the event that there is rescission of the contract, none of the parties will benefit from the deal and gain more than what he/she has invested in carrying out the contract. None of the parties should gain more from the contract in order not to get a higher financial position than what one originally had, prior to the contract.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Intention of the parties to the contract.  Aim The direction of the contract will always be determined by the aim of entry in the contract by the parties to the contract. In the event that the aim of the contract has been accomplished by the parties, the contract may be made on the grounds of completion of the main objective of the contract. If Big Bank decides to take legal action against rescission of the contract, it will be very hard for Big Bank to convince the judge on its favor. This is because there is express immunity of System INC against contractual obligation. This is seen in the phrase (f) that excludes System INC from any contractual obligation in case of system omission by system INC. For example, â€Å"in no event will systems inc. Be responsible for special, reliance, indirect, incidental, or consequential damages arising out of any act or omission by systems inc. In connection with this agreement, even if systems INC.† This may complicate the ability of Big Bank to get legal redress in terms of receipt of damages. Conclusion There are 3 types of contract performance. One of them is a complete performance where both the parties completely carry out their contractual obligation. The advantage is that both the parties benefit from that as intended. Secondly, the substantial performance is where most of the work or payment is done by one of the party to the contract. In this case, the remedy is always the compensation based on the quantity of consideration. This essay on Rescission of a contract in the law of contracts was written and submitted by user Kiara Prince to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Program Observation Reports Essays

Program Observation Reports Essays Program Observation Reports Essay Program Observation Reports Essay Program Observation Reports Name: Course: Lecturer: Institution: Date: Program Observation Reports Part One Observation One In the first observation, the program is called the lower back injuries. The site used for the first observations is Monterey Sports Center. The location of the site is at 301 E Franklin ST., Monterey 93940. The department where the observations are done is the physiotherapy department. The person whom the observation was done with is Gretta Williams-Lijbers. The contact address is (831)646-3700.Observation Two In the second observation, the program to be observed is called arthritis aquatics. The site where the program is offered is Simpkins Swim Center. The location of the site is at 979 17th Ave. Santa Cruz 95062. The contact person used for the observation is Lynn. The number used by Lynn as the contact number is (831)454-7946. Part Two Observation One Diagnosis: Lower Back Pains Prescription: Physical Exercises at the Gym supervised by a qualified therapists. Lower back pains are extremely common to many people all over the world. Therefore, based on the observations made, the program offers extensive physical therapy for the whole body but they concentrate more on the lower back body. This is mainly for the purposes of even bodily exercise for the body and at the same time treating the lower back injuries. During the first week of the program, the patients start with those physical exercises that are not strenuous. This ensures that, the muscles are not destroyed due to rapid expansion of the muscles. However, as the exercises progresses, the patient is introduced to exercises that are more strenuous. The first exercise includes the stretching of the lower back and whole body in general. In this case, the participants were advised to wear comfortable clothing. This is to reduce hindrances when performing the stretching exercises. Additionally, it ensures that the muscles’ soft tissues or the ligaments are not affected when a person is stretching. Secondly, participants were advised to perform the stretching exercises that are not painful. There are certain positions a person might take that would cause a lot of pain in the body instead of stretching the muscles. In this situation, the muscles might be injured causing more harm than good. When performing this exercise, it was observed that stretching should be done on a clean, dry, flat surface large enough to move freely. This eliminates unlikely mishaps that end up causing injury to the people. Moreover, it ensured that participants had enough room to perform all the stretching exercises needed. These stretching exercises included knee to chest stretch. In this case, a participant was to lay on the surface on his or her back. Fold their legs to form a position where the knees point upwards. The participant was the told to pull one of the knees towards the chest with his or her hands and hold for twenty to thirty seconds at the point him or her feels comfortable. After conclusion of stretching in the second week, the exercise that was observed was the low-impact aerobics exercise. In this case, the participants were provided with stationary bicycles where they would cycle for a period. In most case, they were cycling for forty-five minutes. The exercise ensures that there is flow of blood to the lower back of the body. Additionally, the exercise ensures that other important nutrients are also transported to the lower backside of the body. On the other hand, this exercise also helps the other parts of the body like the limbs. This is because they two increase the blood and nutrients flow. The other exercise that was observed is the hamstring stretch in the third week. In this case, the participants were expected to stand and bend down slowly while their legs were straight. Their hands were expected to touch the tip of their feet. The participants were expected to hold when they reached a comfortable place for twenty to thirty seconds. It was observed that the patients repeated the exercise ten times. As explained, this was meant to lengthen the muscles to reduce stress in the lower back pain. Finally, when the participants were shifting from one exercise to another, they were observed to jog on the spot. This was for the purposes of ensuring that there are no tissue or muscle injuries caused by the sudden stopping of the exercises. These exercises were done for more than two months interchangeably. After that, the participants stopped complaining about the back pain injuries showing that the exercises bore fruits. Observation Two Diagnosis: Arthritis Prescription: Aquatic exercises supervised by a qualified therapist Arthritis involves constant pains in the joints. The joints might become swollen while they are aching. Recently, Aquatic therapy has gained popularity in healing patients with arthritis. The observations are for seven weeks. According to the observations made in the program, participants were expected to have a qualified physician in place to supervise the exercise. According to the physician orders, the water in the pool was heated to a certain level of heat. This is to ensure that the participants do not burn while they are in the water. The participants entered the pool so that they can begin the exercise. It was noted that at every beginning of the session the participants were directly to enter into the water fully. No part of the body was to remain out side the water. This was done for twenty to thirty seconds. After that, the patients were expected to walk from one end to another while they were inside the pool. This would continue for twenty minutes as the participants take breaks while still in the water. It should be noted that this exercise was done on the shallow end of the pool. The next exercise was done on the deep end of the water where the patients were expected to stay in the middle of the pool without support for about five minutes and then rest. The exercise was repeated for about five times before the class was over. It was also observed that those participants who new how to swim were the only ones who were allowed to go to the deep end of the pool. Additionally, those who knew how to swim were encouraged to swim after the lesson. This exercise was done for more than two months. Part Three Observation One According to the guideline presented, the class was almost exact. This is because it maintained the level of professionalism and they offered the participants what was in the guideline. For instance, a clear example indicating step-by-step exercises to the back patient is given out. When one is in the program, the exercises are supervised according to what is written in the brochure .In addition, the resources used for the exercises are similar to what is written in the guideline. Therefore, money spend by the participants is worth any penny. In this case, any body who wants to try out the swimming exercises is worth doing it at the gym rather than doing it at home. The main strengths of the class were the professional physicians who were available for the class. They portrayed an amount of professionalism and they were able to offer patients the best physical exercises. Additionally, the rooms and equipments used for the exercise were excellent. The only problem was that the amount of time offered for the class session was too short. The simple back exercises were expected in the observation but the bicycle exercises were not expected. The only recommendation after the observation would be addition of time during the sessions. Observation Two In this observation, the sessions did not fully meet the guidelines presented in the beginning. This is because they did not offer many aquatic exercises as stated in the guidelines. For instance, the guideline was written that there would be physical exercises in form of games. However, after observation there were no physical exercises in form of games. The money spend by the participants is not worth. The strengths of the program were the equipments used for the exercise. The pool was large enough and it had heating equipment. The turn of the participants was the most surprising thing in the observation. The only thing that is worth the participants money is the resources used in the gym. The only recommendation was to increase the number of exercises for the participants. Part Four Observation One I learned a lot from the observation because I did not know that all the exercises are interrelated. For instance, the low aerobics is for the whole body and most people use it for slimming purposes. In addition, aerobics enable the body to relax and it becomes easier to breathe. I was shocked to learn that it is also useful for the lower back injuries. I was shocked to learn that there is a specified timetable for every exercise during the four weeks. For example, in the first week, participants were expected to perform stretching exercises to open there muscles. This ensures that they are not injured while they are performing the strenuous exercises. I would recommend this site for the students because it is educative. Therefore, this assignment was extremely valuable. Observation Two I did not learn as much as I expected. The exercises were like a common basic swimming lesson. This is because the exercises that were being offered are similar to the swimming lessons I took when I was learning how to swim. To make this experience more valuable the physician should consider adding more exiting exercises. I would not recommend any students to perform the exercises under the prevalent conditions. This assignment was not that valuable. The only way to make it more valuable is by increasing more exercises in the program for the participants. After that, I can recommend students to the site.