Conditions warranties and innominate terms - Free Essay Example

Sample details Pages: 4 Words: 1127 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Contract Law Essay Did you like this example? Cedric entered into a contract with the Distinguished Hotel for the wedding reception of his daughter Ali and groom Benno s big day. In the contract Cedric made with the hotel he was assured that all 300 of his guests would be seated in the chosen function room with a view of the top table, on the day however some of the guests were placed in an adjoining conservatory without a view of the top table. For this to be a breach of contract will depend on whether the statement made between the hotel and Cedric can be classified as a representation or a term of the contract. If the statement was said to encourage a party to make a contract but does not actually form part of the contract this is only a representation. On the other hand a term will be an undertaking in the contract s execution. (Furmston(2007): 157-159). Whether the statement made by the hotel is a representation or a term will be a question of the parties intention. (Elliott and Quinn (2010): 122). The s tatement in question is an important one and is likely to be a term rather than a representation. This could be indicated by considering whether the contract would have been made without the existence of this statement. (Banner v White (1861)). For Cedric it is arguable that having all the guests within the function room with a view of the top table was an important aspect for him and not having this goes against the contract s intensions. Adding to this Cedric provided the hotel with the number of guests, and not unreasonably has relied upon the hotel managers specialist knowledge in offering his assurance of accommodating all the guests as described. (Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd (1965)). Furthermore the statement was made at the point at which Cedric was entering the contract, suggesting that it was in fact a term in the contract. (Routledge v McKay (1954)). Terms are categorized into three types: conditions, warranties and innominate terms. In Cedr ic s case there only appears to be disappointment within the wedding party. This being taken into account it is likely to be considered a warranty as the breach is only trivial in relation to the overall reception provided. (Hong Kong Fir Shipping Co. Ltd v Kawasaki Ltd (1962)). The remedy that can be sought by Cedric would be damages for compensation for the breach. The second issue was the food poising of the guests due to poorly cooked chicken. As a direct result of this Cedric could sue for breach of contract. In the contract certain terms are implied by law under the Supply of Goods and Services Act 1982. Section 13 of the Act details that the supplier will carry out a service with reasonable care and skill . The key question for the hotel they delivered a service with reasonable care and skill . The fact that the food poising was caused by improperly cooked chicken would suggest that they did not and therefore fell below the standard of care required under the Act. The fact s would suggest that poising guests would be a serious breach of contract meriting a refund or substantial reduction of the reception cost. Another issue for the hotel is that the poisoned guests may sue for negligence. In order to determine the liability in the tort of negligence it is necessary to establish all three elements of negligence on the basis of the facts: (Bermingham and Brennan (2010): 38) (1) Whether a duty of care existed between the hotel and the guests? (2) Whether actions taken by the hotel broke that duty of care? (3) Whether the breach caused the damage of a legally recognizable kind to the guests? It can be argued that the hotel owed all the guests a reasonable duty of care to avoid such acts or omissions, which could be reasonably foreseen as likely to cause injury. (Donoghue v Stevenson (1932)). Obviously the hotel could have easily foreseen that food preparation could impact on the guests. Additionally the relationship between the hotel and th e guests was of a sufficient proximity that actions taken by the hotel would impact the guests. This type of relationship is one that can be considered just, fair and reasonable to impose liability as there is reasonable reliance upon the hotel to provide satisfactory service. A duty of care is breached when the defendant does something in the same circumstances that the reasonable person would not do. (Blyth v Birmingham Waterworks (1856)). It can be argued that no reasonable hotel would serve food improperly cooked, as the magnitude of risk to the guests would be heightened by improperly cooked food. (Bolton v Stone (1951)). Taking simple hygiene and cooking measures could have easily prevented this. The hotel has breached its duty of care by failing to provide safe chicken fit for human consumption. The final stage in a claim in negligence is causation and determining whether the food poising would have not occurred if it had been properly cooked. The damage sustained by th e guests must be attributable to the hotel and be the type of injury, which could have been reasonably foreseen. (Overseas Tankship (UK) Ltd v Morts Dock and Engineering). It is clearly evident from the facts that the chicken caused the food poising and this type of injury could have been easily foreseen. However, for the actual claim sought by Ali and Benno the compensation will be damages, whilst they are seeking compensation for the honeymoon and its repurchase the courts will examine what damages they are entitled to. It is likely that the court would award damages for the loss of their honeymoon as it could be reasonably foreseen that poising the wedding party would result in losing out on a honeymoon. However it will be very unlikely that they would be successful in claiming a holiday to the Far East for two weeks, the level of compensations will be for the value of the honeymoon to Eastbourne as the courts will be unwilling to allow the couple profit from this. In summa ry the hotel is going to be liable for the cost or a proportion of the cost of the wedding reception, because there are at least two actions of breach of contract for failing to have all the guests seated together with a view of the top table and for failing to exercise reasonable care in ensuring food served would be fit for consumption. There is also an action in negligence for Ali and Benno for compensation in claiming damages for the loss of their honeymoon to Eastbourne. It is unlikely that they would be legally entitled to force the hotel to pay for the honeymoon to the Far East as this would allow them to profit and upgrade their honeymoon. Don’t waste time! Our writers will create an original "Conditions warranties and innominate terms" essay for you Create order

Example Of Intraoperative Complications - 923 Words

Results 1) Preoperative Data This study included 59 eyes of 58 patients with mean age  ± standard deviation (SD) of 54 ±11 years, and a range from 25 up to 70 years. The male to female ratio was nearly 2:1. Table 1 summarizes the preoperative visual acuity and IOP. 2) Intraoperative complications Table 2 summarizes the intraoperative complications which can be attributed to the 20-G transconjunctival trocar system. More than 75% of our cases did not develop any intraoperative complications. Complications occurred only in 14 cases; of these, the most common complication was slippage of the cannula, occurred in 8 cases (14%); followed by trauma to the lens, seen in 4 cases (7%) and lastly retina incarcerated in the cannula in only 2 cases†¦show more content†¦Suturless vitrectomies carry an increased risk of leakage from the sclerotomy site. Such excessive leakage can raise the risk of infection and hypotony (5). So, in our study we used 20-G transconjunctival trocar system with suturing of the conjunctiva and sclera by one suture for each sclerotomy to avoid the risk of leakage and its complications. In our study more than 75% of cases did not develop any intraoperative complications. Complications occurred only in 14 cases; of these, the most common complication was slippage of the cannula, occurred in 8 cases (14%); followed by trauma to the lens, seen in 4 cases (7%) and lastly retina incarcerated in the cannula in only 2 cases (3.5%). This was similar to study done by Spierer et al, as in their study intraoperative complications included premature dislodging of the cannulas in two sclerotomies. The cannulas were reinserted with a trocar through the same opening without any additional complications (6). Retinal incarceration in the trocar system was reported in our study (2 cases) and can be attributed to the malfunction of the trocar valve leading to rapid flow of fluids through the trocar at the time of instruments exchange. As we were re-sterilizing the trocar system several times by flash autoclave, the valve system became loose and not effective. So, we concluded from this point that re-sterilized trocar should notShow MoreRelatedThe Importance Of A Perioperative Surgical Home Model1499 Words   |  6 Pagesvalue-based process of care as opposed to a fee-for-service system. Additionally, patients that are required to undergo surgery are often times separated from their usual medical care. This can result in delays, lapses in care, unnecessary testing, complications, an increase in costs, etc. Therefore, it would be favorable for a new model like the PSH model to be developed because it involves an innovation for care before and throughout the surgery process (asahq). 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Cloud Computing Architecture Is a Set of Various Components

Question: Difference between Clouds Computing Architecture Various Components? Answer: Introducation: Cloud computing architecture is a set of various components that can be categorized in terms of databases, applications, software and their capabilities, analytics, storage systems, server management and more over the cloud. Companies who offer services over cloud are called cloud service providers and they charge for managing cloud computing services which are based on various factors (HCL, 2017). Cloud architecture comprises of various components such as on premise resources, software components and their services, middleware and cloud resources. Top benefits for using cloud computing are to reduce cost, speeding up the process on demand basis, removes physical need of deployment of hardware set up and patching up of softwares over and over, increasing the performance and reliability with the help of backing up of data that are stored on cloud (Erl, Puttini, Mahmood, 2013). There are three types of deployment models over cloud and they are: Public cloud model the services that are provided by cloud is exposed which means that anyone on the internet has the access or view the data that are stored on cloud. The virtualization that is built on public cloud is such that the data are accessible to all the public. For example: Amazon Web Services (HighQ , 2014). Private cloud model the services that are provided by cloud is bound to a single organization. The data are not exposed to the public and a private cloud exists only inside of an organization and must be protected by a firewall so that the organization that has deployed only has access to read the data (Furht Escalante, 2010). Hybrid cloud model hybrid cloud is generally a combination of two or more models combined together. Hybrid cloud model can be deployed and distributed among both private and public clouds. For example, sensitive information can be kept as private using private cloud model and services can be provided over public cloud using public cloud model (HighQ , 2014; Microsoft, 2017). Reasons for choosing Hybrid cloud model Multi tenancy data which are stored on the public cloud is of multi-tenant by default and the data can be stored by any number of organizations and the data which are considered as sensitive can be kept as private and this can be done by an organization depending on the requirement basis (HighQ , 2014). Exposure of data - Since organizations need to store sensitive data as private, at the same time organizations has to provide service, the data which are marked as public can be viewed anyone whereas the private data can be viewed only by the organizations users. Data centers A private cloud maintains its data only inside of its organization but, hybrid cloud maintains its private data inside of the organizations network and keeps its public data anywhere to provide public related services (HighQ , 2014). Cost Cost of hybrid cloud is effectively lower than that of private cloud and also, more reliable comparing with the services as compared to the private cloud. Risks associated with Hybrid Cloud Security hybrid model should focus on the following: Management of users, access control systems and encryption of sensitive data that goes on cloud. Maintaining of directories is a problem that has to be handled because, the user who can integrate the directories on-premises sometimes has to integrate the directories on cloud too and since hybrid cloud supports multi tenancy, user should have the capability to integrate directories on multiple clouds. And since hybrid cloud provides support to public and private cloud models, implementation of directory structures is a security threat that has to be handled. Access control is another setback that should be taken care of because; a public user should not have access to the private data stored on the cloud. Key management of private data should also be taken care of because the data which are marked as private should be encrypted else it is a serious issue of theft. One can use Amazons Key management service for this encryption of da ta (Sullivan, 2015). Management of accounts and their billing In hybrid cloud model, since it consists of private cloud, no organization wishes their bill to be of surprise and for this, its really important to use cloud resources only on-demand basis. Organizations should have a close look on the cloud expenses and for this organizations can take guidance from RightScale or Cloudability (Sullivan, 2015) which are generally third party services. Organizations should have budget alerts too and this help in reducing costs where it is not necessary. Provisioning of resources Resources that are used in public and private cloud should be configured properly. Configuration errors will not only waste hardware resources or breaking the infrastructure but also its a huge waste of money. Hence, there has to be automation testing unit that takes care of the configuration after and before the configuration set up is started (Sullivan, 2015). Virtualization Virtualization is application software that helps in separating physical infrastructures for creating various dedicated resources on cloud. Virtualization is the primary technology that gives cloud computing a power to manage resources. Virtualization will help to run multiple operating systems to run multiple applications on a single dedicated server and at same time too. This technique will reduce IT costs and will help in increasing efficiency, flexibility and utilization becomes simple with the existing hardware components. The technology that is behind virtualization is VMM which is virtual machine monitor and this helps in separating different environments that is actual infrastructure and the other running on virtual machine (Angeles, 2014). Benefits of virtualization Maximizing resources virtualization will help in reducing physical frameworks or physical systems which needs to be acquired and one can get more output from the servers. Most of the systems which are built on traditional way are of underutilized. Virtualization will make sure that it uses maximum of hardware investment (Angeles, 2014). Multiple systems virtualization will help in running multiple applications which are of not same type and also which are running on different operating systems altogether but, those has to be on same physical hardware (Gouda, Patro, Dwivedi, Bhat, 2014). Flexibility virtualization will help in creating multiple instances (Thakur Mahajan, 2016). Utilization of hardware virtual machine uses assets which are marked as idle and ensures that it uses 80 percent of servers capacity. It reduces hardware equipment incredibly. Security usage of different virtual machines will help in administration of each of the virtual machine independently. This approach is termed as jailing of services (Thakur Mahajan, 2016). ICT risk management Organizations should be very careful and should access who is accessing private or sensitive data. The data which are kept on-premises will no longer be called as private unless or otherwise it is moved on cloud infrastructure. From organizations perspective, organization should enquire how best cloud service providers will ensure that the data are safe and what are the best practices they follow to ensure and also backup the data at times of theft (Prakash, 2011). Lose of data and recovery data before going on to the cloud and on cloud should be encrypted to safeguard private or sensitive data of the customers. It is very hard or sometimes the corrupted data or the data which gets encrypted from the hackers is considered to be loss of data. In such scenarios, organizations should know how service providers will make sure that the data gets recovered from the corrupted or encrypted data after data gets malware. Availability of data and backup generally, the cloud service provider will depend on network, application, and storage and on the equipments of the cloud. If any one of the component is down, then the user wouldnt be able to access the data that is cloud. Therefore, putting whole data on cloud shouldnt be considered as best practice but, the data should be kept on-premises but it has to be kept under authorized access. Migration of services to cloud Points that have be taken care of before moving the data on cloud: Backing up of data. In depth understanding of configuration details of cloud infrastructure Understanding which cloud computing model should be used on data that is pushed on cloud for example public or private model. Making sure that the data are encrypted before the data are pushed on cloud. Make sure that the data present on-premises is deleted from the resources and safe guarded at one physical location which should be maintained under authorization. Provide two-sided authentication for accessing of data present on cloud that is client and web based authentication. References Angeles, S. (2014, January 20). Virtualization vs. Cloud Computing: What's the difference? Business News Daily. Erl, T., Puttini, R., Mahmood, Z. (2013). Cloud Computing: Concepts, Technology Architecture. Prentice Hall. Furht, B., Escalante, A. (2010). Handbook of Cloud Computing. Springer Science Business Media. Gouda, K., Patro, A., Dwivedi, D., Bhat, N. (2014). Virtualization Approaches in Cloud Computing. International Journal of Computer Trends and Technology (IJCTT), 12(4), 161-166. HCL. (2017). Cloud Architecture. HCL. HighQ . (2014, October 2). Whats the difference between public, private and hybrid cloud? Microsoft. (2017). What is cloud computing? Microsoft. Prakash, S. (2011, April 15). Risk Management in Cloud Computing. Retrieved from CIO: https://www.cio.com/article/2409109/cloud-computing/risk-management-in-cloud-computing.html Sullivan, D. (2015, June). Tackling three key issues with hybrid cloud management. Thakur, P., Mahajan, M. (2016). Virtualization in Cloud Computing. Internation Journal of Recent Trends in Engineering Research, 2(12), 308-315