Sunday, February 23, 2020

Contract Law Degree Case Study Example | Topics and Well Written Essays - 1000 words

Contract Law Degree - Case Study Example The case is similar to that of Bad Wound v. Lakota Community Homes, Inc., 1999 SD 165, 9, 603 NW2d 723, 725 Rupert has full right to demand Herbert to settle the payment as per the terms of contract. Rupert has fulfilled all provisions of the contract to the full satisfaction of Herbert.As such Rupert has not violated the terms of contract and has fully satisfied the clauses of the contract. Hubert has evidently declared that Rupert has satisfied the terms and is content with the work he has done. So, Rupert has the full right to demand the actual cost with a 10% of deduction. If Hubert fails to give the remaining 15% of the costof the listed items Rupert can very well move the court demanding the same.The court will direct Hubert to pay him the remaining amount with or without bank interest. Rupert must move the court for claiming the amount unpaid by Hubert. The law of tort is regarded as a legal injury. It establishes the situations under which an individual might be held legally responsible for another's injury as a result of either deliberate acts or accidents. Consequently, on these grounds, in England, the traits were first established by the principles of Roman law several centuries ago. This legal system of domestically dealing with assault and battery was based on nominate torts. Nominate tort is a sharp contrast to the open Continental approach to tortuous liability. Thus, to constitute a tort the following conditions have to be satisfied: The wrong doer must have committed some omission on his/her part. Such acts or omissions on the part of the wrong doer must result in violation of legal rights of the aggrieved. Torts can be categorized into three groups. They are: 1. Intentional torts (e.g., deliberately harming a person); 2. Negligent torts (inducing an accident by not obeying traffic rules); and 3. Strict liability torts (e.g., liability for being aware of the defects in making and selling the products). The Law of Tort with regard to negligence is being examined in this essay. Negligence The law of negligence was originated in a court case Donahue v Stephenson (1932) in which a woman named Donahue suffered from gastro-enteritis after drinking ginger beer from a bottle which contained a dead snail. She took legal action for damages for personal injury. The judge who heard the case was Lord Atkins, and he ruled for the first time ever, that the manufacturer of the ginger beer had a 'duty of care' for the safety and well being of Donahue, notwithstanding that it was her friend who had actually bought the bottle, and in allowing a snail to remain in the bottle of ginger beer, the manufacturer had been negligent. The scope of the duty of care in negligence was defined by Lord Atkins in this case. He found: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Who, then, in law, is my neighbor The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called in question." Breach of the duty of care was best conceived and summed up in Blyth v Birmingham

Thursday, February 6, 2020

Object Oriented Programming is the main drain in project development Essay

Object Oriented Programming is the main drain in project development time due to its complexity - Essay Example Abstraction is simply defined as disregarding the extraneous functions, properties, or features and emphasizing the ones that are significant to the related program. Abstraction refers to taking the essential parts of the program and incorporating them into the program while putting away the parts of the program that may not be essential in the process of program development. Encapsulation in simple terms is summing up or rather putting together. Encapsulation is the way of assembling into a single object the data and the operations that affect the program’s data. Inheritance refers to the process of developing new and unique classes from the ones that have been existence. Inheritance also makes the new classes to acquire the attributes and behaviour of the previous classes. (Svenk 2003, p232.) The new attributes and behaviour of the former classes are incorporated into the new classes so as to suit their requirements. Inheritance may be either single or partial. Polymorphism is the capability of the program developed to perform similar operations on different types of objects. Each operation is implemented in a way that is apt to the objects that are in use in the program. Object oriented programming bundles procedures and data structures so that an object which is an illustration of class is able to operate on its own data structure. Polymorphism degree that is allowed varies and is of three major flavours referred to as parametric polymorphism, function overloading and sub-typing polymorphism. Parametric polymorphism allows the description of a class or function to be conceptual with respect to some set of types and is predominantly essential when describing abstract data type objects such as lists, arrays, queues, stacks, hash maps trees, graphs, and sets. Data stored in all these abstract data types is stored in a neutral way and is specified parametrically thus allowing the re-usability of the data. Parametric polymorphism allows a single function definition to be used with arguments of varying types. Parametric polymorphism is particularly useful in structural modelling due to the substantial number of parametric polymorphic modules. Function overloading allows the program to modify a function computation based on the types of its arguments as well as allowing a single function to be defined with many signatures. Function overloading helps improve the re-usability by increasing the applicability of the components involved thereof. It helps improve the applicability of the program in different fields since it can be applied in various modules seeing that the components are re-usable. The natural extension of functional overloading is to allow a component to identify various type signatures for its ports in the structural domain. Sub-typing is in such a manner that it allows a value of one type to be used in a place where a value of another type is a requirement so long as the first type is a subtype of the latter. This means that in function call, it is possible for data whose types are subtypes of the function types to be