Material Selection and Process Office Chair

Introduction It has been argued that the success of a product depends heavily on its industrial design through visual and emotional appeal to the customer. This conclusion can be drawn based on the role of technical design which in turn relies on sound information on material (Ashby and Johnson 56). For this reason the material used in production of a product is very essential to the usefulness and effectiveness of the end product.Advertising We will write a custom assessment sample on Material Selection and Process: Office Chair specifically for you for only $16.05 $11/page Learn More Data on materials can be found from a wide variety of sources including data sheets from material suppliers. Other sources of data included those tabulated in hand books. These data sheets are essential as they provide a source of vital information that needs to be considered in technical design (Ashby and Johnson 56). This information includes engineering data such as str ess analysis, thermal analysis, methods fro optimization and simulation. In addition to such data there is the role of sophisticated software tools that can be used in the design process. The design process is crucial to avoid issues related to poor design interface. For example, a TV switch so cleverly integrated into the body panel it can not be located with ease, or a tap designed too smooth for soapy fingers to turn, etc (Ashby and Johnson 56). A well designed product on the other hand will not only work well but will be easy to work with, thus user friendly. It is essential therefore to take into consideration the user friendliness of a product during design to improve the potential success of the product. In this report the product being considered for design is an office chair. As it has been established that material selection is crucial to this process, the report will concern itself with making appropriate decisions for material selection. It is hoped that by the end of th e report the major considerations will be understood and some potential candidates identified for the design of an office chair. Ergonomics Ergonomics is a discipline that is concerned with the study of work performance with special emphasis placed on worker safety and performance. This discipline developed form the interests of experts in various fields including medicine, physiology and engineering. This came following the realization that many work related injuries and diseases could be avoided through improvements in design of equipment and the workspace (Jacobs 5). The study of ergonomics is crucial as it is through such improvements that both the organization and individual can maximize performance and results (Jacobs 18). It has already been established that prevention of work related injuries is far cheaper than the treatment and potential litigation that may arise from negligence.Advertising Looking for assessment on art and design? Let's see if we can help you! Get yo ur first paper with 15% OFF Learn More Within an organization the prevention of accidents and disability management are the responsibility of all members of the organization. Such initiatives success relies entirely on the continuous support and commitment of the staff and and employers (Jacobs 278). This may be at times difficult given that occupational therapists may not be conversant with business and management concerns such as cost benefit analysis. For this reason it has been suggested that for improved acceptance it is important to consider business terms when preparing a proposal for ergonomic adjustments. Common Issues with Poor Chair Design It is not uncommon to receive complaints from workers whose duties require them to be seated for long hours. It is sometimes difficult to establish whether the chair itself is poorly designed or poorly suited for the individual. More often than not the case is the chair is not suited for the individual raising the question of a djustments (Jacobs 197). A poorly designed ergonomic chair design will be difficult to adjust and has poor access to features for height, inclination, a back rest and appropriate lumbar support (Jacobs 199). As opposed to this a good seat design will thus provide stability through the buttocks via the seat pan and the to the back via the back rest. In addition to this it may necessary to provide the seated individual easy movement while seated to allow to the user shift easily to various positions. There are three basic chair designs to consider when selecting an appropriate office chair. The first design is the fixed posture chair. This design tends to lock the user in an ‘ideal’ position by static posture settings. Alternatively the chair can be designed using a dynamic chair design which allows the user to move freely. These allow relatively easy adjustments in the features such as the backrest and in movement. The last option is the combination chair which allow the user to lock the chair in a suitable position as well as automatic changes (Jacobs 199). Regardless of the design selected it is crucial that the chair provide a satisfactory experience to the user. The Role of Material in Form The material selected plays a major role in the final form of the end product. This relationship is most visible in the case of architecture. The Eiffel tower, Parthenon and Golden gate bridge are well known symbols of specific ages expressing the possibilities using varied materials (Ashby and Johnson 99). However, a change in material would render the artistic concept of the architect useless and possibly destroy the renown of these well known structures.Advertising We will write a custom assessment sample on Material Selection and Process: Office Chair specifically for you for only $16.05 $11/page Learn More This direct link arises due to the forces that materials possess thus suggesting varied capabilities with each new mate rial. Consideration must be given to the varied needs of the material in question during design to ensure the safety and suitability of the completed product. Due to this it has commonly been quoted that ‘form follows material’ (Ashby and Johnson 101). Though chairs must meet certain mechanical constraints these are not fixed thus allowing choice in material and form of the completed chair. That being said it is clear to see that the form desired will have some effect on the choice of material. In relation to form it is also essential to consider the organizational theme where possible. It is common for some organizations to use a theme in their premises to improve their competitive position. Such themes include sporting themes, outdoor themes that are designed to attract clientà ¨le (Stephenson and Thurman 119). In such cases it will be essential to consider selection of a material that can be customized to suit the existing theme. In relation to the form of material it is essential to consider several physical factors such as the size, shape and weight of the desired material (Mital, Desai, Subramaniam and Mital 94). This is useful as the size is relative to the available space on the site. Thus an appropriate material will allow the company to provide an adequate number of seats within the required space. Further in relation to the shape is the complexity required to shape the material to the required dimensions. In addition to this consideration must be made to account for the mechanical factors in relation to the material in question. This should be done because different materials will reflect varied mechanical considerations. Some mechanical considerations worth mentioning at this point include strength, ductility, modulus, fatigue strength and creep (Mital, Desai, Subramaniam and Mital 95). In addition to this it is also vital to consider environmental factors and their effect on these mechanical factors. One concerned with designing a pr oduct will typically consider the static strength needs of the product. In addition to this it is essential to know whether the product will experience a static or dynamic load and what are the parameters expected. It will also be important to consider the products ability to cope with wear and tear and if there is a need to incorporate additional material to reduce wear and tear (Mital, Desai, Subramaniam and Mital 95). Other factors in relation to material selection include processing and fabricating factors. These influence the ability or responsiveness of the material with regard to forming a shape. This is most commonly achieved by casting and deformation procedures (Mital, Desai, Subramaniam and Mital 95).Advertising Looking for assessment on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More Based on these factors it will be possible to assess whether the design can easily be achieved and manufactured. These factors will be useful in determination of potential production rates of the completed product. Through these factors it can be determined whether the desired quality level can be attained. Other essential factors include the life of components and availability. The components selected are likely to be affected by environmental factors such as corrosion and oxidation which need to be considered when selecting an appropriate material. It has been reported that performance of materials based on these properties is very difficult to predict thus it is important to make such consideration beforehand (Mital, Desai, Subramaniam and Mital 95). Further, there is the question of availability of the preferred material. In some cases a material may be very well suited for a particular design but unavailable in the desired quantities. In such cases the selection of the material may have been done after identification of the first suitable material. This suggests that it is better to go through a whole range of materials while making a selection to allow for the identification of several options (Mital, Desai, Subramaniam and Mital 96). Another consideration to make when selecting material for an office chair is the personality of the product. This is best described by the color, texture, feel and form of the end product (Ashby and Johnson 116). These aspects are useful in describing the perception that will be aroused on observing the product and can be seen in the use of terms such as ‘rugged’, ‘feminine’, etc. This aspect will be heavily influenced by the nature of business the organization is engaging on the premises. Types of Design In selecting material for a product it is also essential to consider the type of design in question. An original design is an approach that requires the creation of a working principle from scratc h (Ashby 115). In such cases it is common for the designer to be working with an entirely new concept such as the ball point pen, compact disk, etc. In such a case the designer has no choice but to make decisions based on tests carried out and individual design decisions (Ashby 2002, 15). In such cases the designer is free to experiment with new materials that can offer unique combination of properties that enhance the originality of the design. Another type of design the developmental or adaptive design that involves an existing concept and making some incremental improvements to the product. In the case where this is the approach used to design the chair in question it is possible to perform experiments with various existing materials. New materials may not necessarily be appropriate as the new product need not necessarily cost much more than its predecessor (Ashby 2002,16). In many cases this approach has been the force behind major improvements in product performance. Another ap proach to design that will affect the selection of material is the variant concept of design. In this case the objective of the design process would be to alter the colors, size or details of the product without making any significant changes to the function (Ashby 16). In some cases such as change of scale the designer may change the material due to changes in performance requirements. It has been noted in other variant design efforts that a change in material can provide significant improvements in performance. For example, in the use of fiber glass to design smaller boats (Ashby 2002, 16). Selection Procedures Having mentioned some of the important factors to consider in selecting an appropriate material to use the report will now briefly discuss procedures to use when making a selection. One approach is the use of screening to filter from a list of possible materials (Ashby 2009, 167). In this approach the constraints act as gates and if satisfied the material passes or else it is excluded. An example ,of a constraint is, ‘the chair must allow the user adjust height and inclinations’. Based on this therefore only materials that can be attached with components that handle such actions can be considered for the final product (Ashby 2009, 167). After completing the screening process what remains is a list of potentially useful materials. To achieve this you need to have an excellence criteria which can be used to rank the materials (Ashby 2009, 167). This can be based on what may be defined as objectives. Performance is sometimes limited by a single property or through a combination of properties. Based on this procedure the best candidate will be the material that satisfies the greatest number of objectives. Having established the best candidate it is also useful to provide some documentation on the material. This will include its potential weaknesses, reputation, track record, etc (Ashby 2009, 170). This documentation typically is in the form o f some graphical material and case studies on the material. In addition to this there may be some information on its corrosion behavior in specific environments. Other useful information to include will be the price and availability of the material and any environmental warnings in relations to its use. In the text above the methods of selection have focused on a manual approach to selecting the appropriate material to use. This approach to selection is useful when the constraints are not that many and thus the process is easily completed. However, when the set of constraints is long a more apt solution maybe the use of computer aided selection (Ashby 2009, 184). This software comes with a database of records arranged in a hierarchical manner. Every record in the database contains data relating to properties of the material, and some pictorial data and sources of reference for the material. Through this scheme the data is interrogated using a search engine that provides the user sys tematically arranged search interfaces. Other Considerations Though the report has already mentioned that cost is an important consideration in the selection of an appropriate material for an office chair, there are other cost related factors that may need to be kept in mind. For example the constraint the budget places on the entire process. Through the screening process it is possible several options may be identified. Despite of this it is necessary to keep in mind that the company has a budget for the entire activity and as such the best material may not be suitable for the budgetary requirements (Mital, Desai, Subramaniam and Mital 96). In addition to this there are other hidden costs that need to be considered in addition to the cost of the material. As mentioned earlier in the report the selection of material must take into consideration the additional effort to produce the desired product from the material (Mital, Desai, Subramaniam and Mital 96). Such costs include discrete costs such as fabrication costs. These discrete costs are likely to make major adjustments in the final figures thus resulting in selection of an alternative material. An important consideration that has been ignored through the report but is essential nonetheless is the purpose of the product. In this case the product is an office chair but the purpose is not clearly defined. Where the chair is for the computer operator it can be expected that whereas quality is essential cost will be also very crucial in choosing the material. However, if the seat was to be designed for the CEO of a huge multi national cost may not be a factor and thus the aspect of prestige may be considered. In the design of such a chair quality will be given the highest priority in comparison to all other factors. Based on this approach cost becomes a less crucial factor and quality becomes the dominant requirement (Kutz 1253). Having provided some information on possible and useful considerations when selecti ng the materials to use in designing an office chair, the report will conclude the report. Conclusion In this report the discussion presented was focused on the considerations to make in selecting material for building an office chair. The report began by mentioning the importance of design and its role in the success of the end product. In this regard it was noted that a good design does not just consider the physical components but also the materials used in construction of the end product. In a similar fashion the report continues to provide a brief description on ergonomics and its role in the workplace. It is observed that through a well designed and efficient workplace the degree of injury and disease can be reduced significantly. Further it is noted that through appropriate ergonomic design the cost of potential litigation can be significantly reduced. Therefore it would appear that the time taken in selecting an appropriate material is useful as it can directly influence the productivity of the organization. The report continues to provide information that can assist in the selection of appropriate material to be used to accomplish the design process. Further the report provides some of the basic issues that arise in the case of office chairs as reported by the users. In line with this the report mentions the role of the selected material in the form of the final product. It is noted that based on a selection of material there specific constraints that the user is bound to based upon the chosen material. Because of this above position the report concludes that material has a strong influence on the form of the final product. It is also mentioned that the type of design in this case will also influence the material selection made. In addition to this the report also touches briefly on other considerations such as prestige. In line with this it was noted that costs such as those associated with crafting the material to the desired shape need to be consid ered so as not to over step the budget. Lastly it was noted that the budget will influence the choice of material in terms of expected quantity as well. It is hoped that by going through these requirements it is possible to make a suitable choice for the production of the office chair. Works Cited Ashby, M. F. Materials Selection in Mechanical Design. Burlington: Butterworth-Heinemann, 2005. Print. Ashby, M. F. Materials and the environment: Eco-informed material choice. Burlington: Butterworth-Heinemann, 2009, Print. Ashby, Mike, and Kara Johnson. Materials and Design: the art and science of material selection in product design. Woburn: Butterworth-Heinemann, 2002. Print. Jacobs, Karen. Ergonomics for Therapists. Philadelphia: Mosby Inc, 2008. Print. Kutz, Myer. Handbook of Materials Selection. New York: John Wiley Sons Inc, 2002. Print. Mital, Anil, Anoop Desai, Anand Subramanian, and Aashi Mital. Product Development: a structured approach to customer product development,design a nd manufacture. Oxford: Butterworth-Heinemann, 2008. Print. Stephenson, James, and Courtney Thurman. Ultimate Small Business Marketing Guide. Dubuque: Entrepreneur Media Inc, 2007. Print. This assessment on Material Selection and Process: Office Chair was written and submitted by user Eli W. 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.

era of 1936 essays

era of 1936 essays Today was such a great day. It was my mothers birthday and so many interesting things have happened in the newspaper. I really never read a newspaper, but for some reason I was hooked on it right when I bought it. Well to start out my great day, I got up early to bake a cake for my mother. I already had flour, yeast, vanilla, milk, and salt but I still needed eggs, sugar, and butter. Well I got on my shoes and walked down the block to the Food store to get the rest of the ingredients. I wanted to get the items fast so that I could go back home and make the cake to surprise my mom. I got butter which was 37 cents a pound, cane sugar for 49 cents a pound, large eggs for 25 cents a dozen, and a New York Times newspaper for 2 cents( New York Times 1936, page 1 ). I was surprised to see that all my items were on sale. I then went home and made the cake. While the cake was baking, I started to look at the newspaper. The first thing that caught my eye was on the front page. In big bold letters it said Roosevelt and the New Deal. This article caught my eye because I had no idea what the New Deal was. The article was about how Roosevelt made up the Works Progress Administration(Times 1 ) which gives unemployed people jobs. Well, the article went on about how it will provide eight million people with jobs(Times 2 ). I was so excited to hear about this because my father lost his job during the Great Depression. I hope this Works Progress Administration works so my dad can get back on his feet and work again. As I was thinking about the possibility of my dad getting a new job, an article about the Chicago Cubs caught my attention. Although the Cubs are my dads favorite team I am a Yankees fan. I mean, the Cubs are alright, but no one can stop Babe Ruth or any of the other Yankees. Anyway, the article was about how the Cubs beat the Cardinals 4-3 (Tim ...

Atmospheric pollution

Atmospheric pollution Executive Summary Harmful gases, liquids or solids may be present in the atmosphere causing air pollution. There are however different types of pollutants of air. This paper discusses atmospheric air pollution and the resultant ecological problem, factors that lead to or that are affected by air pollution, in this regard, living and non living factors, the subsequent human impacts, considering positive and negative impacts, the current approaches taken for sustainability purposes, how such strategies may be achieved or attained, and the role of the government, society and international bodies. Introduction Air pollution is the availability of harmful substances in the atmosphere in gaseous, liquid, or solid form. Air pollution can be caused by various pollutants including: Particulate matter: this consists of aerosols in liquids, solids or gases suspended in the atmosphere due to burning of coal in industrial processes. The presence of aerosols in the air hastens the corroding and erosion of metals and building materials respectively. Inhalation of air containing particulate matter can interfere with the respiratory system of humans. This can result in cancer, asthma, bronchitis or other diseases (EPA, 2008). Sulphur oxides: these usually arise from the burning of coal and fumes from industrial processes. Due to the acid nature of the oxides, materials, human respiratory system and the vegetation end up being damaged (EPA, 2008). Carbon monoxide: this is a colourless, tasteless and odourless gas that humans have no protection against. Blood that is infiltrated with carbon monoxide carries less oxygen to other body parts. This can cause many health complications (EPA, 2008). Hydrocarbons: these are chemical compounds that contain carbon and hydrogen as the only elements. Just like carbon monoxide, hydrocarbons are also emitted by motor vehicles and emissions from industries. They result when there is partial burning of engine fuel. Under sunlight, hydro carbons form ground level ozone which is manifested in smog. Besides that, ground level ozone can irritate the eyes, damage the lungs, and cause multiple respiratory problems (EPA, 2008). Nitrogen oxides: this usually results from high temperature combustions in motor vehicles and power plants. These oxides contribute raise the acidity in the air raising precipitation and smog production. Nitrogen oxides are dangerous to humans because they cause serious illness and deaths even though the exposure to nitrogen oxides may be short (EPA, 2008). Carbon dioxide: this is a gas that is described as natural in the atmosphere. It is produced by burning substances. It is vital for living organisms. There are other air pollutants that include the following: radioactive pollutants, ammonia, chlorofluorocarbons, toxic metals (like lead, copper and cadmium) and radioactive elements. All these pose a danger to the human health (EPA, 2008). Problem Description The presence of any pollutants in the air causes air pollution. Thus, the presence of all contaminants and toxins in the atmosphere forms atmospheric pollution which is also an ecological problem. Living organisms and the entire ecosystem suffer from health and ecological problems caused by atmospheric pollution. An average person inhales 20,000 litres of air per day. By breathing, we risk taking in dangerous substances or chemicals found in the air. Air is found anywhere and everywhere. Therefore, air pollution can be found in both indoors and outdoors. Pollution of the air can cause many diseases that include; cancer, tuberculosis, emphysema, among many others. The depletion of the ozone layer causes global warming which in turn results into the melting of the icecaps in Polar Regions hence the rising of the sea levels. The air was fairly clean until the industrial revolution. With the industrial revolution, many substances stated being burnt increasing the number of pollutants in the air. The rate of air pollutio n has been on the increase since then to date resulting in the growth of the hole in ozone layer above the Antarctica. This explains why the world leaders from the G 20 are worried and calling for frequent meetings concerning the global warming (Kurylo, 2010).

International Business(Singapore) Essay Example | Topics and Well Written Essays - 2250 words

International Business(Singapore) - Essay Example The country is also a regional hub for wealth management as it ensures that there is enough revenue for the purchase of raw material and natural resources which are not available in the country. In view of this, the case study analyses Singapore’s international trade, explain how globalisation has affected its economy and its culture and evaluates the factors that are affecting its international business through SWOT analysis. Since the 1960s, research has shown that Singapore has improved in its export and import sector of the economy. It has been ranked as the 15th largest importer and 14th largest exporter in the world. International trade has a great impact on Singapore’s economy. Singapore adoption of export-oriented industrialisation made it easy for the country to succeed in the international market. Additionally, they have few barriers to the importation and exportation of goods and services. That means that the country has few trade barriers. The country also trades with the Most Favoured Nation (MFN) (Hinkelman & Shippey, 2004, p. 93). There are zero tariff rates which apply to some of their products. Additionally, they have six lines for alcohol beverages making it one of the best exporters of alcohol beverage. However, there are different import restrictions because of environmental, health, and security concerns. It considers free trade as an important factor which facilitates the grow th of the nation. Primarily, the United States is one of the largest Singapore’s trading partners. United States influences Singapore’s international trade (Koh & Lin, 2004, p. 56). From the sale of the manufactured goods such as the computer peripherals and electronics, the country imports natural resources and agricultural products. Singapore has limited arable land, thus; it depends on the aggro-technology park. Additionally, the country relies on

Midterm Assignment Example | Topics and Well Written Essays - 750 words - 2

Midterm - Assignment Example Rene Descartes belief in this theory borrows heavily from epistemology and rationalism. Epistemology study’s scope of knowledge and nature. In line with the Descartes belief on existentialist, it is possible for him to doubt that he has two hands (Fairfield 211). In addition, that he is sitting on a chair reading words printed on paper and summation of two and three to make five. Firstly, there is no possible way to ascertain numbers either two hands or summation because there is no reason given why the hands cannot be four or three or summation cannot be seen. In other words, these are facts whose truth and falsehood cannot go beyond mere conviction. Besides, Descartes reasoning is based on the rejection of Universalism of facts and figures. In order to have the truth, there should be a way of testing the perceived truth. In relation to reading printed words in a paper, his school of thought on universal belief falsifiers, he is convinced that a chair, paper and body posture is Universalism. He says it holds no truth, nor false, he believe that individual opinion as he perceives and disagree with universal knowledge. There is no observation without involving mental processes. It is, therefore, substantially true that the objects we perceive with our eyes are the actual reflection of the mind processes. In other words, the inward perception of on how we see people, objects or what we feel about circumstances will determine our actions or inaction. Evidently, the mind frame the situation and external body execute a course of action based on the interpretation of the inner self. With this explanation, the theory holds truth in relating experiences to mind (Campbell 68). The empirical explanation in this case is that, the objects as they appear are neither material nor material. In addition, fear, sadness and physical description of an object or a person

Aspects of contract and business law Essay Example for Free

Aspects of contract and business law Essay Identify the legal criteria for offer and acceptance in a valid contract A contract is defined as a legally binding agreement and are very important in business. This is because: * it is risky to enter into a business arrangement without some form of contract * this is because, in the event of something not going as planned, a business contract is your safety net * without a business contract that stipulates the procedures, policies and expectations of the concerned parties, it is also likely that a dispute will arise in the course of the transactions * a broken contract can result in a law suit or an out of court settlement and the payment of damages caused by the breech of contract There are many different types of contracts. The main elements needed for a standard contract are: Offer Acceptance Capacity Consideration Offer And Acceptance Offer An offer is a definite promise made by an offeror to an offeree about the agreement made. They make this promise with the intention that it shall become binding or legally enforceable as soon as it accepted by the person receiving the offer (the offeree). Acceptance A valid offer must be accepted by the offeree to the contract. In normal circumstances, acceptance of the offer must be communicated to the person making the offer, (the offeror). Acceptance of an offer must be in the form specified in the offer. This can be both written or oral. An example of an offer and acceptance would be: A vending machine. The machine is offering you the items and you are choosing whether to accept the offer by putting your money into the machine to purchase the item. A person going into a shop to purchase an item, they would pick up the item and take it to the till to pay. When the customer, the offeror, hands the shop keeper the money they are making an offer, as soon as the shop keeper, the offeree, accepts the money they are showing acceptance. Sometimes the situation can just be as simple as this and no words have to be spoken. Invitation to treat There is a big difference between an offer and acceptance and an invitation to treat. An invitation to treat is an indication that a person is prepared to receive offers from another person. In this sense, treat means to trade or to do business. The person who is available to receive an invitation to treat can accept or reject the offer until the final moment of acceptance. An example of invitation to treat would be: Goods displayed, with a price ticket attached, in a shop window or supermarket; the customer can make an offer to buy the product, this can then be accepted or rejected by the seller up to the point of sale. Products advertised in catalog, brochures, Internet etc, even if the word offer is used by sellers to promote their goods. An offer must be distinguished from an invitation to treat. Carlill vs carbolic smoke ball company (1892) The carbolic smoke company placed an advertisement in newspaper to tell people of their new flu remedy. The advertisement stated that it would pay  £100 to anyone who took the remedy for 14 days but still got the flu. Mrs carlill used the remedy but unfortunately still got the flu, and made a claim against the company for the money. But the smoke ball company refused to pay the money. The company tried to claim that the advertisement was an attempt to make an offer to the whole world which meant communication of it was impossible. Normally an advertisement in the newspaper or on television etc, would be an invitation to treat, but in this case as the company had actually gone out of their way to put money into the bank they lost the argument, and it made it an offer and acceptance. The company had made an offer to the whole world and mrs carlill choose to accept their offer meaning they had to pay her as a contract had been made. Counter offers Counters offers are offers that are made and then gone back on and adjusted. As soon as a counter offer is made it voids the original contract. For example, if I want to buy a car and the offeror offers it to me for  £5000 and I choose not to accept as it is too high, but then to counter offer by offering them a lower price for it and then the original offeror chooses not to accept my offer, and I then say okay I will pay  £5000 and then they say no sorry, you can have it for  £5500. This is a counter offer, as I rejected the original offer and then by counter offering I made the original offer void, and then they can make a new offer. Task two (p2) Explain the law in relation to the formation of a contract in a given situation A contract comes in to existence when the offer that has been made by the offeror is accepted by the offeree. Contracts can be written or verbal/oral. A verbal contract is when two parties agree through the spoken word and therefore bound by a verbal agreement. This is often done between friends or business people that know each other well enough to agree to be bound legally on a spoken word or a hand shake. An example of this could be, I will wash your car for ten pounds, okay thank you very much. Written contracts are much more common in the work place. It is much easier and simpler for people to be bound by the terms of a written contract, where the details of the contract are included in a document signed by each party, (the offeree and the offeror). These can range from relatively simple agreements to much more formal contracts signed by the parties. Some examples of these could be, the sale of land, regulated credit and hi agreements and employment. Sometimes, a written contract can be much more beneficial and could be a lot safer to use, some examples why are: * A well written, clear, concise contract can avoid customer disputes and complaints. The contract should make clear both parties rights and regulations and obligations. * The subject matter can be easier to understand in a written contract. * Written contracts can specify delivery times, deadlines etc. * It is easier to put down the payments terms in a written document. * A written contract can provide alternative methods for the settlement of certain disputes. Also there is standard form contracts. Consideration Under contract law, the agreement between the parties will not in itself create a legally binding contract. There must be some degree of consideration between the parties for a valid contract to take place. Consideration is what one party to a contract will get from the other party in return for performing contract obligations. A contract is based on the exchange of promises. Each party to a contract must be both a promisor and a promisee. They must each receive a benefit and each suffer a detriment. This benefit or detriment is referred to as consideration. Consideration must be something of value in the eyes of the law. This excludes promises of love and affection, gaming and betting etc. A one sided promise which is not supported by consideration is a gift. The law does not enforce gifts unless they are made by deed. An example of this would be, An event organiser promises to pay a band  £1000 if they sing at an event. The consideration for the event organisers promise would be to pay band if they promise to play at an event. The consideration for the bands promise to play at the event is the event organiser to pay the band  £1000. Consideration can take two forms: * executed consideration an act in exchange for a promise, such as a reward case where the person making the offer promises to pay the reward upon the act of the act being completed. * executory consideration the parties exchange promises to perform acts in the future, most contracts begin this way. For example, a seller promises to deliver to a buyer as a result of the buyers promise to buy at the agreed price. Consideration from the buyer is the promise to pay the price on completion. There are 5 rules of consideration, which are, 1) consideration must not be past 2) consideration must be sufficient but need not be adequate there is no requirement that the consideration must be market value, providing some of value is given eg  £1 given in exchange for a house would be valid, the courts are not concerned with whether the parties have made a good or bad bargain 3) consideration must move from the promise if a person other than the promisee is to provide the consideration, the promisee can not enforce the agreement Tweed one v Atkinson (1861) A couple were getting married and the father of the bride entered into an agreement with the father of the groom saying that they would each pay the couple a sum of money. Unfortunately both the father of the bride and the father of the groom died without paying any money. The groom then made a claim against the executor of the will. The claim failed as the groom was not party to the agreement and the consideration did not move from him. Therefore he was not entailed to enforce the contract. 4) an existing publics duty will not amount to a valid consideration where a party has a public duty to act, this can not be used as consideration for a new promise 5) an existing contractual duty will not amount to valid consideration if a party has an existing contractual duty to do an act, this act can not be used as consideration for a new promise Capacity Capacity is the legal power to enter into a contract. Who does not have the legal capacity? * minors do have limited capacity * bankrupts * incapacitated persons do have limited capacity For example, minors. Legal rules have been developed to protect minors from contractual liability and to allow them to also enter into agreements in limited circumstances. There are two types of contract that bind minor when dealing with adults, supply of necessary goods employment Also incapacitated persons are unable to enter into a contract. People suffering from a medically diagnosed mental health condition cannot enter into a valid contact as it is believed they do not have sufficient mental capacity to understand what it is they are doing. Also if the person is intoxicated and able to prove they were at the time the contract came into place they are seen as an incapacitated person and are unable to legally enter into a contract. Privity of a contract The doctrine of private means that a contract cannot confer rights or impose obligations arising under it on any person except the parties to it. Under common law only a promisee may enforce the promise meaning that if the third party is not a promisee they are not a privy to that certain contract. It is a legal concept denying third parties the right to sue on a contract. Price v Easton (1833) This case involved a three way argument. Basically Easton agreed with X that he would pay Price for the work that X had done. They completed the work and Easton refused to pay Price the money, Price tried to sue Easton but he failed. This was due to private of a contract. The contract was made between Easton and X therefore Price was not a privy to the contract. Task Three (p3) Describe the law with respect to misrepresentation in a given situation. Misrepresentation is a false statement of fact made by one party to other party before the contract is made with a view to inducing the other to enter it. For example, one carful owner this statement is very misleading as you would expect that only one person has owner the product before and has been very careful with it, but this statement really could mean, it may have only had one careful owner but had ten bad owners. This statement is not lying it is just stating a fact and leaving out important detail therefore this is an example of misrepresentation. Once it has been established that a false statement has been made and that it induced the contract, it is necessary to determine the type of misrepresentation in order to determine the available remedy. There are different types of misrepresentation. For example, Fraudulent A person will be liable for fraud if they make a statement which they know to be false or they have no belief in its truth or they are reckless or careless whether it is true or false. For example, Lapland new forest produced a website showing fantastic winter scenes. Unfortunately, the photos on the website were not taken at the park and customers were hugely disappointed when they arrived at the resort to find it is not at all like the website, many demanded their money back. In 2009 the owners of the park appeared in court and were charged with fraudulent misrepresentation. Innocent a false statement made by a person who had reasonable grounds to believe that it was true, not only when the contract was made but also when the contact was entered into. Negligent A person can be liable when they make a false statement and have no reasonable ground for believing the statement to be true. In the situation given I believe that it is negligent misrepresentation as Esso had no reason to believe that the statement given by their experienced representative was true at the time or the time the contract was entered into. I think the representative gave a false statement to get Martin to enter into the contract. I think Esso were inducing Martin into entering the contact, although, Martin would have expected the statement to be correct as it was an experienced representative for Esso who gave the statement he would have thought that they would be a reliable source so he probably did not do any checks on the land and just thought their word for it. Task Four (m1) Analyse the impact of the requirements for a valid contract in a given situation. 1) Mr Baron You have not entered into a valid contract as Mrs Anderson did not accept your offer. She informed you that she intends to sell her car at a certain price and you said you would like to buy it. There is o evidence that offer and acceptance has taken place here therefore no contact was made. 2) Mr Cunningham Although the seller offered you the product at  £900 as soon as you offered him  £800 the contract was broken. This is because of counter offer taking place. Even though you were prepared to pay the full price in the end, you had broken the contract by counter offering him therefore it is his choice whether to sell the product or not and whether to enter into another contract with you. 10) Mrs Lawrence (I wasnt sure if the garage checks/services the car before they sell it on so I did two explanations) This is a case of fraudulent misrepresentation. Before the car was sold to you, the car sales showroom should have checked the car to make sure everything they were stating about the car was correct. Therefore they should have known that the mileage was significantly higher when you purchased it. This is a case of innocent misrepresentation. At the time when the car sales showroom sold the car to you they did not know that the mileage was significantly higher therefore it can not be seen as their fault as they were lead to believe that the statement they were giving was true.

Essay --

Introduction It all starts when I was watching the ad on TV for the car I always dreamed of, a BMW 528 x drive. The offer was so attractive given that the monthly payments shown were actually within my budget. Though the ad mentioned leasing not selling, therefor I need to know: what is car leasing? How the process works? How it is different than buying? Should I lease or buy my next car? How should I prepare for the lease? What is the deal I am looking for? How to negotiate a good deal? What are the after deal obligations? What are my lease end term options? And what happen if I decided to end the contract before the end of the lease term? As in any other negotiation, I should take enough time to prepare properly before making any decisions that I might regret in the future. What is car leasing? Leasing is paying for the use of a car over a specified period of time, in other words it is a term of financing a car. In leasing a car, it is important to note that the total price of the car is important (even if I am only responsible for part of it) and it can be negotiated with the dealership; the owner of the car is the leasing company not the dealership, the dealership acts as an agent for the leasing company and when the deal is generated I will be dealing directly with the leasing company; I agree to make regular monthly payments for the specified period, maintain the car, pay the car insurance, local taxes and tags fees, and I am expected to stick with the mileage indicated to the end of the lease term. I will be hold accountable for any damages or extra mileage above the specified limits. Also, in a lease the monthly payments are upfront, not like when you buy the car where you pay at the end of the month. This means that i... ...the above and make sure that I will be having a good deal. I will be reminded a month a head of the lease term on the date of returning the car and if I am exploring other options I need to decide within that period. It is not a coincidence to note that â€Å"forced arbitration clauses are included in nearly all car sale contracts and leases. Franchise laws in all 50 states give automobile dealers a special monopoly over new car sales, allowing them power to decide what they want to include in their sale/lease contracts. Consequently, consumers purchasing or leasing a new vehicle are a captive audience with no choice but to enter into the sales/lease contract put before them parties when they cannot be resolved on their own to Arbitration†.( retrieved from http://www.fairarbitrationnow.org) (Please see exhibit 3: Sample of Vehicle Purchase/Finance Arbitration Agreement)