General principles of contact Essay Example | Topics and Well Written Essays - 1750 words

General principles of contact - Essay Example There is also an objective and subjective component. The objective test relies on whether or not an "independent observer, appraised of the background facts known to the parties, would consider there to have been an agreement, and if so what agreement".2 It is beneficial to reduce an agreement expressly, or in written form, where there will be little doubt to its existence and content or terms.3 Where there are doubts, however, the law uses a two-fold process of offer and acceptance.4 Firstly, an offer intends to make a contract. For an offer to be complete, there must be an intention, it must be communicated, and it must be certain and complete. No further steps are anticipated. "I accept" will form a contract. It will not be an offer if the offeree does not hear it from the offeror.5 The offer may be destroyed by withdrawal by the offeror, a lapse of time specified by the offeror, or at a reasonable time after being made, and also by being superseded by a subsequent offer (by offeror or offeree), or lastly being rejected by the offeree.6 Offers must be distinguished from an invitation to treat. An invitation to treat gives the offeree a chance to make an offer to purchase the item. Some examples include: Advertisements or shop displays.7 Unilateral offers are contracts where the acceptance and performance are simultaneous, and takes the form of: "If you do this then I promise that" (examples: rewards and tenders). The contract is unilateral because only the offeror is bound.8 Until the offeree performs, he/she has not accepted. When performance has happened, the offeree has nothing left to do.9 However, there are problems with unilateral offers. The normal rule is that you can revoke until communication of acceptance, which may lead to unfair results. The "Walking to York" example suggests that you must walk all the way to York in order to have accepted the unilateral contract. Thus, walking 80%, or partial walking, is not acceptance. Performance then must be complete or the offer can be revoked.10 Partial completio n, however, may give rise to quantum meruit, which allows for the offeror to revoke the offer but to award the offeree a reasonable value for the time and effort he has put in up to the time of revocation. It is usually imposed to avoid the unjust enrichment of one party at the expense of another. For there to be a valid acceptance of an offer, there must be a mirror image of the offer without adding anything new.11 The communication of acceptance must be expressly or impliedly dictated.12 Silence is not acceptance.13 In order for a contract to be considered binding there must be consideration. The Pollock definition of consideration is: "An act or forbearance of one party, or the promise thereof is the price for which the promise of the other is bought, and the promise thus given for vale is enforceable." There must be a benefit - detriment component to show a causal link. The case of Thomas v Thomas states that "consideration means something which is of some value in the eye of the law, moving from the plaintiff to defendant. It may be some benefit to the plaintiff or some detriment to the defendant".14 More specifically, however, the formation of a straightforward civil engineering contract follows a similar process. It may proceed in the following stages: invitation to tender; tender or

How Case Managers Benefit from Electronic Medical Records Essay

How Case Managers Benefit from Electronic Medical Records - Essay Example † from SAM Advanced Management Journal, 74, p. 54+. The paper deals with the EMR implementation in health care organizations and the way case managers would benefit from this step. In the modern globalized world high-speed development of technological innovations leads to an overall growth and expansion of computerization. Different companies, firms and organizations are looking for the most convenient ways to facilitate the work of their employees. Therefore, case managers in health care organizations underline the necessity of electronic medical records implementation. Unfortunately, it is evident that very often case managers reject electronic medical records usage. In accordance with Seeman and Gibson (2009) such kind of behavior should be analyzed in terms of Davis's technology acceptance model and Ajzen's theory of planned behavior. The first benefit for case managers when using electronic medical records is the way to costs cutting and health care industry efficiency. Th is can be explained by direct functions of EMR. This technology enables fast and efficient collection of the following data: (demographic, financial, and medical  information). The storage, transmission and processing of the collected data facilitates the work of case managers. There is no need to penetrate into useless and boring paper activities. There is a right way to process data in digital format. Consequently, it is evident that EMR implementation will change â€Å"handwritten order documentation, minimizing transcription errors, and fundamentally reducing clinical mistakes† (Seeman and Gibson, 2009, p. 54). Case managers claim that physicians are able to make more relevant and appropriate decisions in case this technology is implemented. Sometimes, such promptness guarantees lives saving. In accordance with the article, case managers underline the importance of digital data processing in the process of their performance. A possibility to save huge amounts of data fa cilitates the job of case managers in the modern world of digital age. In spite of the fact that the concept of electronic medical records was developed 40 years ago, only the modern digital age enables keeping and collecting data of patients in different amounts. Unfortunately, health care organizations do not pay much attention to implementation of EMR into practice. The article states that less than 10% of American hospitals have enabled their case managers to facilitate their work by means of EMR. Another intimidating fact is that case managers may not have such an opportunity to facilitate their job. There are some predictions that by 2014 electronic medical records are introduced across America, but these predictions can hardly be true. Therefore, the article comprises different points of technological advancement of case management. Summary of the article â€Å"Supporting Management Programs† A strong criticism is also evident in the article â€Å"Supporting Managemen t Programs† (n.d.): â€Å"The issue is one of adoption [of EMR]. Are people really ready to do this? As long as it's easier to script it out and hand it to a voice-activated nurse, that's what the physician will do† (Supporting Management Programs). Another important point, represented in the article is the fact that case managers have many other obligations and it is too hard for them