One, promises may act as consideration for some other but there are limitations, in that the value needs to be defined explicitly. Two, past consideration; if something happened in the past that did not establish some quasi-contract is cannot be currently exchanged for a promise. Consideration requires a current exchange. Third, some courts hold that relief from some moral obligation by the promisor is sufficient consideration and currently being exchanged. Fourth, the preexisting duty rule exerts that an action sufficient for reward will be not enforced if the action is already the duty of person performing the
In reality, at the end of the election, the popular vote which can easy be labeled as what the citizens want doesn’t count. Take the 2008 election for example, Al Gore received the majority of the popular vote, he had a huge advantage in popular votes however because of the Electoral College and it’s presidential electors, George Bush was elected president, and we all know how that turn out. Similar events
Safeguarding is protection of vulnerable people from abuse and harm. As a Carer you have a duty of care to report any allegations and suspicions of abuse( whistle blowing policy), harm or any other dangers in your work setting. Following your policies also insures that your services users are not exploited or taken advantage of for example by a member of staff, e. g. Gifts policy, which lays down rules that members of staff are not to accept any kind of gifts from service users. Should you be aware of this policy being discarded by another member of staff it is my responsibility to report this as it is not only against the company's policy but could also result in confrontations with the individual's family
C). Despite the term that a past consideration is not consideration at all, a past act can be defined as a consideration if two conditions are met. (1), the act performed is requested by the other party. (2), consideration of both parties at all time must have been that there would be a payment made. The case of Lampleigh v Brathwaite (1615) is a good example where the claimant sued for breach of contract.
Exercising duty of care is a legal requirement, and can be tested in court should negligence or malpractice occur. 1.2 Describe how the duty of care affects own work role People have a right to expect that when a professional is providing support, they will be kept safe and not be neglected or exposed to any unnecessary risks. The expression is that we ‘owe’ a duty of care to the people we work with. ‘Owe’ is a useful word to describe the nature of the duty of care because it is just like a debt: it is