Legal Issues

The case involved Newman Industries Ltd who were supposed to deliver a broiler to Victoria Laundry (Windsor) Ltd. They delayed the delivery by twenty weeks resulting to Victoria Laundry losing a profitable contract. Since government contracts were accompanied by exceptional profits, the plaintiffs sought to know if they could sue for the normal and the extraordinary profits they had foregone. Lord Asquith held that the defendants were only liable for normal profits. This is because loss of normal profits was classified under the first head and was recoverable (Dotstoc.com, 2010). Moreover, loss of exceptional profits fell under the second head and was not recoverable as the defendant lacked prior knowledge that the broiler could harness exceptional profits.
         
A contract is a legal agreement between two or more parties and is enforceable in a court of law. Author Jean-Louis Baudouin argues that courts give financial compensation of damages which correspond to loss suffered and gains foregone due to a breach of contract. He further elaborates that the loss and gain has to be related directly to the breach of promise (article 1611 QCC). This implies that a court can only award damages equal to the gains that the concern parties could have reasonably expected to receive when they signed the contract (Law Essays UK, 2010).
           
In the case of Victoria Laundry, had Newman industries had a prior knowledge that the boilers were subject to extraordinary profits, then they would have been liable for such losses. Moreover, they would have associated the gains on this contract as different and of greater type of risk than the usual risk of losing profit by the cleaning company.  

Regardless of state affiliation, regular employees are entitled of benefits offered by the company. These employees are those who have passed the probation period and are placed on the regular rolls of the company or one who is to perform work directly related to the regular operations of the firm. A regular employee, who is also called a permanent or employee without definite period, may not be terminated in his or her services by the employer without just cause except when authorized by law. Temporary or independent contractors on the other hand are an individual who sells his or her services to an organization but who is not considered an employee of that organization (Kaplin and Lee 2006, p. 259).

The obvious differences between the two include, first, the basis for their employment. Regular employee applied, was hired, on probation for at leased six month, and has passed the probation period. Independent contractors do not undergo this process because they are skilled individuals who work for the company under a particular arrangement. It is in a sense need based contract. Second, is on the basis of applicable labor laws. Regular employees are protected under Federal Labor Standard Act (FLSA), Title VII, and other specific laws that is not applicable to independent contractors.

Exempt and non- exempt employees
The exempt employees are those exempted from the provisions of FLSA. They include executive, administrative, and professional employees who are paid on monthly basis rather on a number of hours. They are exempt from the minimum wage and overtime laws. Non-exempt employees on the other hand are bounded by time clock and time sheets for the purpose of determining the number of hours to be paid.

Basically employers respond to the state law based on merits of the applicable law. In the case of regular employees versus independent contractors, firms respond by complying with the existing federal law that favors them. However, Firms do comply with the existing states law in manner that is appropriate and ethical. This understandable as under the provisions of FLSA and Title VII, an employee can file a suit against the employer who violated its provisions. This is also the case with the exempt and non-exempt employees (Baldwin 1996, p. 34-36).

The internet as a medium of communication has revolutionized the whole concept of communication in the sense that all sorts of speeches are easily disseminated to the intended individual whether it is meant for good or for bad. All categories of internet users including the racists, hate mongers, cyber bullies and terrorists have utilized the internet as a communication hub to execute their heinous crimes. These groups of individuals have used the internet to harass and plan despicable crimes to the innocent law abiding citizens. The First Amendment of the American constitution has provided for the freedoms regarding speech and expression under which communication has been covered. The challenges that have been brought about by the advent of the internet have made the need for a legal framework that could deal with the emergent issues. This area becomes very sensitive as censorship of specific internet information closely borders on the infringement of the crucial First Amendment as provided for in the Bill of Rights (Hardwick, 2010).

The First Amendment
The First Amendment to the US constitution was contained in the Bill of Rights and prohibits the Congress against the passing of any law that could abridge the freedom of speech and expression. The concept of speech has been given broad interpretation by the courts to include both verbal and nonverbal communication. There is a common saying that there is no law without exceptions and the First Amendment has included exceptions of free speech as including obscenity, defamation, breach of peace, incitement to criminal activities, fighting words, and sedition. However, the courts may at times justify these exceptions as speech that is capable of causing a considerable harm to the general public. Under the harm principle, it is argued that the only way the government can rightfully exercise power in any given civilized society is by preventing foreseeable harm to others (Van Camp, 2005). The inadequacy in the First Amendment can be observed since it has loopholes that allows for the protection of what can be considered as offensive, repugnant, and hateful expressions.

Cyber-bullying
Cyber-bullying is an online safety concern that has gotten much attention in the recent past. The proliferation of communications due to the advancement in the technology has been on the rise. The advent of the internet has resulted into increased interconnectivity between individuals making social interactions and activities on social sites like the Facebook, Twitter, MySpace, You Tube, Webkinz, among others gain instant popularity. Even though the increased connectivity has its advantages, the advancement in electronic media has given rise to a social problem that is referred to as cyber-bullying. This is a problem that is mostly associated with children, adolescents, and young adults. Cyber-bullying is a wider concept that includes an action that is aimed at coercing, intimidating, harassing, or causing emotional distress to an individual. Cyber-bullying has been defined as being cruel to others by sending or posting harmful material or engaging in other forms of social cruelty using the internet or other digital technologies (Szoka  Thierer, 2009 Para 7). The technology of today is characterized with free exchanges in text messages, instant messages, blogs, and website comments. Cyber-bullying is all about direct and covert negative social expressions that are conveyed electronically via the internet, cellular phones, and other various forms of digital technologies. There are two forms of cyber-bullying that have emerged which includes peer against peer and anti-authority. In peer against peer, schoolmates and generally young people are involved in the ridiculing and harassment of their age groups via the electronic media. On the other hand, anti-authority cyber-bullying involves the educators and other authority figures being targeted by the bullies who are out to harm their reputation (Shariff, 2009).
There is profound evidence that cyber-bullying is on the increase and that it has devastating repercussions especially for children. The effects of cyber-bullying are great to the victim and may even result in suicide cases. Victims of cyber-bullying are oftenly depressed, and lack self esteem due to the demoralization and character assassination directed towards them. The victims would experience direct emotional distress and this impact on the concentration of the victims since they are preoccupied by the concern of their security. The victims may experience increasing fear and may be tempted to take their lives. The case involving Megan Meier is just an illustration of how cyber-bullying can turn tragic. Megan was a thirteen year old who was bullied on MySpace and was devastated that she resorted to committing suicide. Prior to her death, Megan had received humiliating messages from her bully and considering that the girl had a fragile and difficult background, she committed suicide (Szoka  Thierer, 2009).

Legal and policy vacuum
Cyber-bulling has presented a great challenge to the authorities when presented with the task of controlling and relating the internet use. It is very difficult to monitor cyber-bullying among school going children since it occurs on personal computers and mobile phones when they are out of school environments. The bullies usually have a false sense of security using screen names to enhance anonymity but nevertheless accomplishing their mission of frightening their targets. There is a general lack of knowledge about the roles of stakeholders including the technology corporations, teachers, and news media have to play as policy shapers and their legal responsibilities in proactively handling cyber-bullying. There are two federal approaches that have been employed in an effort to deal with cyber-bullying. The first one is based on the creation of a new federal felony in order to be able to punish cyber-bullies with the imposition of fines and jail sentences to the violators. The other model involves creating awareness about the safety of the internet through education in order to address the issue in the schools and the community. Criminalization of what is mostly child to child behavior will have its challenges in providing solution to childhood mistreatments by fellow children. This issue on children has traditionally been dealt with through counseling and rehabilitation at the home setting. Nevertheless, criminalizing will raise thorny issues regarding the freedom of speech and the issues related to the legal definitions given to harassing and intimidating speech. On the contrary, education and awareness stand a chance of reducing the harmful behaviors in children and avoid the constitutional pitfalls (Szoka  Thierer, 2009).

The First Amendment and Cyber-bullying
Cyber-bullying has been described as the most venal and unbearable abuse of the provisions of the First Amendment. Due to technological advancement, cyber-bullying has continued to evade sanctions that are meant to protect individuals from the traditional abuses like stalking and threats. Online expressions can be permanently saved on personal computers and linked on the internet search list. They can also be forwarded to as many recipients as possible. There are loopholes in the First Amendment that have been abused by the cyber-bullies as seen in the several Supreme Court rulings. The court in Reno Vs ACLU (1997) established that the internet is entitled to the highest level of First Amendment protection, just like the print media. This means that online hate speech could be viewed in the same line as a hate speech pamphlet that is distributed by the outlawed political organizations like the KKK (Hudson Jr, 2009).

The law holds that, unless the hate speech crosses the line into provocation to imminent anarchy or threats perceived to be true, then the speech will have to enjoy the protection of the First Amendment. Most online speeches rarely cross into the unprotected categories of incitement and imminent lawlessness since most will not meet the imminence that is required. A hate message on the website may lead to an unlawful action at some undesignated time in the future and therefore may enjoy the protection of the law. Based on this criterion, some legal experts have argued that new standards are needed in order to fully address hatred speech on the internet. It is obvious that some online speech may fall under the unprotected true threats in the First amendment. However, in Virginia Vs Black case, true threats were defined as statements where the speaker intended to communicate a serious expression of intent to commit a criminal act of violence to either an individual or a group. Therefore, for online speech to qualify to be true threats, then it has to meet the demands of the definition provided above (Hudson Jr, 2009).

Any efforts aimed at the regulation of the internet are faced by the First Amendment huddle under which a considerable portion of the cyber-bullying activities are protected. Though some of the cyber-bullying activities are so grave that they cannot be protected by the First Amendment, still serious questions remain about how best to deal with cyber-bullying. The Supreme Court has recognized threats and has established in the Watts case that threats are punishable in congruence with the First Amendment. It should be noted that the Congress had already recognized and adopted a law that criminalizes electronic threats. Cyber-bullying continues to enjoy protection from the fighting words criterion since the latter can only happen during face to face communication. On issues of libel and slander, the Supreme Court usually crafts criminal sanctions regarding defamatory statements. With the intentional infliction of emotional distress, the Supreme Court has recognized that cyber-bullying activities befit this criterion only when the act is deemed intentional. However, controversies have continued to emerge given the rulings that are at times made by the Supreme Court. For instance, the ruling in a case where Reverend Jerry Falwell sued the publisher of the Hustler Magazine surprised many First Amendment observers.  The Falwell vs. Hustler case casts doubts about the theory of intentional infliction of harm when dealing with cyber-bullying (ONeil, 2009).

Legislature and Cyber-bullying
Social networking on the internet has been a major concern to the authorities and the stakeholders due to the fear of predatory activities of the cyber-bullies. This has elicited various legislative responses with lawmakers coming up with different legislations aimed at containing the menace. States have been engaged in the pushing for age verification, mandates that will enable them to exclude certain age brackets from accessing social network cites. Recently, some state law makers have been of the view that parental consent requirements be expanded based on the framework established by the Federal Childrens Online Privacy Protection Act of 1998. Even though none of these has been put in practice, these proposals have continued to be floated (Szoka  Thierer, 2009).

Following Megan Meiers incident, in May of 2008, a bill that would create a new federal felony was introduced in the house. The bill famously known as the Megan Meier Cyber-bullying Prevention Act was introduced by Rep. Linda Sanchez. In the defense of her bill, she argued that cyber-bullying offense is one area that has avoided penalty for long. She emphasized the need to act upon bullies who are taking advantage of the provisions of the First Amendment to cause harm on children. The bill failed and Sanchez planned for its reintroduction in 2009 as the HB 1966 Act. This second attempt was equally rejected by the public which was indicated by the critical reaction leveled against the bill. The revelation section of the bill involves the definition of cyber-bullying as any transmissions in interstates or foreign commerce of any communication, with the intent too coerce, intimidate, harass, cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, (Cox, 2009 Para 8). In the bill, communication has been defined as the electronic transmission, between or among points specified by the users choosing, without change in the form or content of the information as sent or received (Cox, 2009 Para 12). The bill has been seen as raising the First Amendment concerns which happen to be a great issue to most Americans. Other critics have alleged that the bill would have been faced with constitutional vagueness if enacted and therefore challenged by the First Amendment. In the bill, communication has been defined as the electronic transmission, between or among points specified by the users choosing, without change in the form or content of the information as sent or received, (Cox, 2009).

Some individuals have argued that criminalizing the cyber-bullying is not necessary and that all the cyber-bullying activities can be handled by parents, educators, and the general community. They continue to argue that when the cyber-bullying rises to the level where criminal intervention is necessary, already there are laws in place to deal with the situation. This includes laws in regard to stalking, criminal harassment, felonious assault, among other provisions. As much as I would want to agree with this argument, the government has to recognize the deficiency of our legislature in dealing with the technological expansion that we are experiencing. Technology is always a step ahead of the legislature and it is therefore the duty of legislature to catch up. Nevertheless, parents have the duty to teach their kids on the morals of being good cyber-citizens by monitoring which kind of websites the children browses and generally monitoring the internet activities of their children. Most cyber-bully participants have been found to be having many social issues and this would not require legislation to curb but instead, good parentage is needed.

Employment relations in Vermont are governed by the principles of contract law between the employees and the employers as well as certain federal and state rules that cover all employers potentially (depending on them meeting the criteria laid out in the rules). In these scenarios all sources are considered.

Legal Encounter 1
Pat has been recruited in a senior position within the organization and therefore, although the entire contract hasnt been seen, it is fair to assume that the provisions would be consistent with that of a relatively senior executive. Essentially, the employment relationship is a contractual relationship between the employer and the employee and therefore it is governed by the contents of that contract. Having said that, there are also statutory restrictions that are placed on the way in which employers can act towards employees.

Any employee who does not have a contract in Vermont would be deemed an at will employee, meaning that the employer can fire Pat whenever they choose. Despite this, Pat had an employment contract and therefore he has increased protection based on this fact. There are certain other protections that are in place for Pat, stating that he cannot be discriminated against, for example, he cannot be fired due to issues of race or sex. This does not seem to have been the case here.

He cannot be fired either for asserting some sort of legal right. For example, he could not be fired for reporting health and safety issues. In this case, it is suspected that Pat was fired for asserting his opinion at a local school board. This is not however a protected right and is therefore unlikely to provide Pat with an action.

The most likely cause of action is therefore going to be the clause in the employment contract stating that where performance falls short then there is an agreed management plan in place. This has not been followed and therefore Pat could claim breach of contract and damages pursuant to this. As Pat had relocated and acted in reliance of the role to his detriment he would be able to make a claim against his employer to reimburse him and to put him back in the financial position he would have been if the breach had not occurred.

Legal Encounter 2
There are several potential issues here including the approach being taken by Sam and also the request made by Paula to transfer departments. The employer has a liability (based on the Occupational Safety and Health Act) to ensure that Paula is not exposed to hazardous substances and therefore, pending her change of department, the company is under a federal law duty to ensure that the appropriate checks are undertaken. This is true whether or not Paula is pregnant, but should naturally be taken into account when undertaking this check.

All employers in the Vermont region are governed by the Fair Employment
Practices Act, that prevents acts of discrimination and harassment against any employee. Although the activity has primarily taken place from Sam, he is a senior member of the staff and there is likely to be seen some degree of fault placed on the company for failing to manage the situation accordingly. Some of these provisions only apply to companies with more than 20 employees, but this is amply covered in this case.
No individual can be discriminated against by virtue of their pregnancy, therefore a blanket refusal to transfer Paula to another department could be seen as being potentially discriminatory.

Paula has been harassed by Sam and the company has a duty to ensure that she does not suffer harassment from another member of staff. Failing to manage the position with Sam could potentially render the employer liable to an action from Paula, should she decide to leave her employment as a result. They could potentially also face a claim based on discrimination, for failing to consider a department change due to the fact that she is pregnant.

Legal Encounter 3
This situation is once again governed by the Occupational Safety and Health Act and is dealt with by the Occupational Safety and Health Administration. Each employee has a right to raise health and safety issues with their employer if they feel there is a dangerous situation in the workplace. If the employer fails to deal with this matter then the employee is fully entitled to report the matter to the Occupation Safety and Health Administration. The administration is part of the Vermont Labor Department and deals with enforcing the Act across all employers (including New Corp).

No employee can be discriminated against for filing a complaint with the administration and New Corp needs to ensure that Paul is not treated less favorably as a result of his complaint. He is entitled to refuse to work in the area until the matter is resolved.

Certain specific criteria need to be looked at by the company. For example, the company would need to instigate noise monitoring if it finds itself in a position where an employee is exposed for 8 hours on average to a noise in excess of 85 decibels. The company will need to produce the necessary records to show that it is complying with this requirement, or if it does not need to monitor, it will also need to evidence this fact. Safety records need to be maintained and these should be checked to be seen if they are available and up to date, as it is likely that the administration will undertake an investigation following the complaint made by Paul. Paul should not be forced to work in the offending area and should not be treated unfavorably for making the complaint (which in any event is anonymous).

Creating Goals and a Mission Statement for a Legal Practice
From a legal office management perspective, creating goals and a sense of structure are keys to the continued growth and profitability of the business.  Knowing where the business is headed is a critical part of ensuring it reaches its intended destination. Having a sense of direction also ensures that it does not lose sight of its value to clients. Therefore, six goals (a firm overview) have been established for the law firm, with the needs of the solo practitioner in mind- while also addressing the needs of employees and clients

The first goal is to provide reliable and competitively-priced legal services, and  sound legal advice to all clients, regardless of the level of complexity of the case.

The second goal is to ensure all legal services (including follow-ups) are provided in a timely manner, with the level of professionalism clients deserve.

The third goal is to develop operating proceduresmanuals for staff members and to employ technologically savvy support staff that will work as a team to successfully implement organized record-keeping strategies.

The fourth goal is to develop a better system for keeping client information secured and tracking potential conflicts of interest.

The fifth goal is to relocate to a larger office space that is better-suited for legal services.

The sixth goal is a long-term goal, which is to set aside two hours each week to mentor local high school students interested in entering the legal profession.

The seventh goal, another long-term goal, is to expand to surrounding communities and eventually serve clients state-wide. This will be done by adding partners to the law firm.

Each goal created for this law firm was created with extra consideration being given to what it takes to run an office of any size. Therefore, further explanation will be provided here on the thought process behind each goal.

The first goal was created to address the law firms desire to make profits while also serving its clients as promised.

The second goal was formed on the basis that law firms understand the most basic of client needs, which is to have their legal concerns addressed in a timely manner- since legal matters are usually time-sensitive.

The third goal and fourth goals work in congruently and were designed to address the firms need for good record keeping, and personnel that can ensure confidential client data is secured- yet easily accessible - by authorized personnel, through a secured network.  With the solo practitioner considering a move to a shared office space, this would ensure that client information is not accessible to anyone not permitted to view the files.

The fifth goal deals with the law firms plans to relocate. In order to present a more professional image the sixth goal enables the firm to display its commitment to the community and increase the firms accessibility to potential clients. Successful achievement of this goal will ultimately result in the development of additional offices (which is how the sixth goal will come to fruition) and community development initiatives such as legal workshops for the public.

The seventh goal, which involves adding partners to the firm, was added to broaden the range of services offered by the practice, thereby increasing the client base.

The goals serve primarily as the starting point for the development of a strong, clear and sincere mission statement. The mission statement created is one the firm would use to effectively communicate its vision to affiliates, employees, new and existing customers and the world

As dedicated, experienced legal professionals, our mission is to always treat clients with respect. The relationships formed with our clients are of the utmost importance, as shown in our undying commitment to overreach our customers expectations and deliver principled, professional and affordable legal services to those we serve. We will expand our client base through referrals from loyal clients who can attest to our commitment to excellence, and through our reputation as a firm that knows the law and practices it with integrity, transparency and courage.

The mission statement further illustrates the philosophies the law firm stands behind, and the image the law firm wishes to leave behind for years to come. The mission statement helps with this by, as stated in Strategic Planning Made Easy (2004), acting as the companys compass and guiding the business along the rewarding path to reaching its objectives.

While the solo practitioner does not yet appear to have great organizational skills at this time, if the goals outlined in the firm overview are followed- she will be well on her way to achieving these business goals and other goals as they unfold, during the process of continued business growth.

In this case of Harrison we find that it is based on the law of contract which according to the existing law a contract can be defined as a legal binding obligation created under an agreement between two or more persons that is enforceable by law. Under this case, Harrison is therefore advised to know that there are several elements that make a contract to be valid and this includes the following there must be an offer and an acceptance, there must be an intention to create legal relations, the contract must be under deed or consideration, there must be a contractual capacity, a genuine consent which must not be obtained from mistake, fraud, duress and unconscionability and lastly the contract must be lawful.

Generally, Harrison needs to know that for a contract to exist and to be valid more weight is directed to the intention of creating legal relationship by all parties involved, the law of contract that applies in businesses is generally presumed by the courts that there is an intention to create legal relations unless the parties insert a clause that their agreement shall not be binding by law but shall be binding in honour only. Therefore for this case Harrison he could have considered the following applications

Offer and Acceptance
In this case of Harrison there exist the rule of offer and acceptance, whereby the law provides that an offer may be made to a specific person or to any member of a group of persons but it cannot form the basis of a contract until it has been accepted by an ascertained person. In this case we find that Harrison placed an advertisement in the local newspaper to sell his antidue stamp collection for  300, this clearly indicates that he made his offer to the general public not to a particular person. The law provides that offers made by advertisements are the commonest form of offers made to a number of individuals and can be accepted by anyone just by acting on them. Here we find that on that particular day, Amy phones Harrison telling him that she is willing to buy the collection of stamps for  280, this clearly shows that Amy made an acceptance when she decided to call Harrison, Harrison responds by telling her that he will have to make some considerations then he will have to communicate back to her after making a decision, so here the offer was not clearly accepted by the offeror.

 According to the law Harrison should know that an offer may be made by the word of mouth, in writing or by conduct also an offer can only be accepted by the person to whom it is made, the offer can only be accepted in different modes, which is it can be accepted orally, in writing or by conduct. The law provides that in order to make a contract binding the acceptance must be communicated and mere mental intention to accept it is not sufficient. In this case of Harrison we find that there was communication between him the offeror and Amy the offeree, where she said that she accepts to buy the stamp collection for  280. This is clearly indicated in the case of Felthouse v Bindley, 1862 where F wrote to his nephew offering to buy one of his horses adding  if I hear no more about him I consider that the horse is mine at  30.15 shillings  the nephew did not reply, but told Bindley, an auctioneer, to keep the horse out of the sale of his farm stock as it was sold to the plaintiff. Bindley sold the horse by mistake and F sued him for damages. Held that as the nephew had never communicated his acceptance to F, there was contract of sale, and so the auctioneer was not liable. Therefore in the case of Amy, she can sue Harrison for the damages caused to her since she had communicated her acceptance to buy his stamps.

Declaration of Intention 
By placing an advertisement in the local newspaper we find that Harrison made a declaration for his intention. The law provides that where a person expresses or declares his intention to do a thing or an act, it does not bind him to another person who suffers damage because he fails to carryout his intention despite the fact that someone relied on his declaration and acted on it. The same applies in the case Amy can not sue Harrison as a result of him declaring his intention of selling the stamps to her which he later sold to another person
This is clearly indicated in the case of Harris v Nickerson, 1873 N, an auctioneer, advertised that there would be a sale of office furniture. H, a prospective buyer, travelled from London to attend the sale, but all the furniture was withdrawn. H thereupon sued the auctioneer for the loss of time and traveling expenses. Held that the auctioneer was not bound to sell the furniture as he was merely stating his intention to sell, not making an offer that by acceptance could be turned into a contract

Consideration 
Harrison should know that in his case consideration was applied. He needs to know that the contemporary law provides that a bare promise is not binding unless it is an act or supported by consideration or is in the form of specialty contract. Consideration was defined in Dunlop v Selfridge as an act or forbearance of one party, or a promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable. A simple contract is not legally binding unless it is supported by consideration, so that if A promises to give his watch to B, he cannot enforce As promise if A changes his mind. But if A agrees to sell his watch to B for ten pound, the contract is binding on both parties. There is a following benefit to each of the parties i.e. A gets ten pounds and B receives a watch.

In the case of Harrison we find that on Wednesday he receives a call from the Guildhall Fine Art Galleries who indicated their interest in buying the stamps for  400, Harrison did not accept to give out the offer but instead said to think about it, after which he calls Amy to ask whether she has raised the funds for the stamps, where she says not yet. For Harrison not to miss the high price given by the guildhall galleries he calls them and accepts to sell them the stamps at the price they were willing to give him.

 In this case we find that Harrison practiced consideration by reviewing the economic benefits of selling the stamps guildhall galleries, an opportunity he could not wish to waste as a result of waiting upon his friend Amy to buy them at a lower price. Though consideration is required in every simple contract, it need not be adequate as long as it has some economic value. Even as an act or omission of small value can be consideration, but a mere sentimental motive for making the promise will not make it binding. For example a promise to pay 500 pounds by A towards a fundraising project in his area is not enforceable as the consideration is merely sentimental.

This is clearly indicated in the case of Bainbridge v Firmstone, 1838 the plaintiff owned two boilers and agreed to allow the defendant to them, provided they were returned in as good a condition as they were lent. The defendant dismantled the boilers in order to weigh them, and returned them in that state. The plaintiff sued for damages, and the defendant pleaded the absence of consideration for his promise. Held that the consideration was that the plaintiff at the request of the defendant allowed him to weigh the boiler, and he was held liable to pay damages.

Harrison is therefore advised to note that for consideration to support a simple contract may be either executed or executory, but it must not be past. In this case the executed consideration is some value already given by the promisee to the promisor e.g. purchase of goods on credit. The seller has performed his side of the obligation in delivering the goods to the purchaser.

Executory consideration is a promise to do something in the future for example in the above illustration, the consideration for the purchaser of the goods is executory until he pays for the goods received. It may be sometimes executory on both sides, such as where the seller agrees to deliver the goods on a future date and the buyer promises to make the payment on delivery.

Harrison is advised to put in mind that there are rules that should apply in terms of consideration which are as follows Consideration must be real although it need not be adequate. The statement means that it must have some values in the eyes of the law the consideration must not be past. This means some past act or forbearance which took place before the promise is made. Consideration must move from the promisee. This statement means that no one can enforce anothers promise unless he has been a party to a contract, and provided consideration to the promisor. In other words a stranger to consideration cannot sue on the contract although made for his benefit.

Revocation of an Offer 
The law provides that once an acceptance is made it cannot be revoked. An offer may be revoked by an express notice before it is accepted. But acceptance can not be revoked in any circumstances. This means that the moment a person expresses his acceptance of an offer, that very moment the contract is concluded. And it does not matter whether the acceptance is by word of mouth or in writing and sent by post. In this case we find that Amy communicated her acceptance through telephone through which Harrison accepted to give her the offer. According to the law we find that Amy has a right to claim for the stamps, since she had actually communicated her acceptance.

 In the same case we find that Harrison had terminated the offer to Amy who had accepted to buy the stamps, this offer was terminated by revocation meaning it was actually withdrawn by Harrison, we find that the law provides that revocation of an offer must be communicated to the offeree, though not necessarily by the offeror himself, it also provides that it is sufficient if the offeree comes to know of it through any reliable source  meaning that a third party should be involved through whom such a notice of revocation or withdrawal is passed so that the offeree can not accept the offer. The case clearly indicates that Harrison did communicate to Amy about his revocation of the offer by calling her but due to her absence he left the message on the answering machine, this proves that Amy cannot sue Harrison on this issue of buying stamps since he had explained every thing on the answering machine, which Amy claims to have gotten the message after she had sold her vehicle with an intention of buying Harrisons stamps this makes it clear that Harrison carried out his obligation of revoking his offer to Amy, thus- he can not be sued for any damages caused to Amy which came up as a result of her not answering his phone call. This is best explained in the case of Dickinson v Dodds, 1876 on Wednesday, the defendant gave the plaintiff a written offer to sell him his house for 800. The offer was to be left open until next Friday 9.a.m. on Thursday the defendant sold the house to someone else. On that very evening of Thursday, the plaintiff was told of the sale by a third party but before 9 a.m. on Friday, the plaintiff delivered his acceptance to the defendant, which the defendant refused to receive. It was held by the court that there was a proper revocation of the offer and the plaintiff could not accept it. Amy is therefore advised to know that as the result of the use of revocation of the offer by Harrison, she can not therefore claim for the damages caused to her.

Accord and Satisfaction 
In the case of Harrison and guildhall galleries who claim to take the stamps at a lower price than the one agreed upon since they alleged that some of the stamps were forgeries, this makes the representative of the guildhall galleries to force him to take the money or leave it, as a result of fulfilling his needs for the money, Harrison accepts to sell the stamps at a lower price. We have stated earlier that consideration is necessarily not only for making the contracts but also for their discharge. It is however possible to discharge an existing obligation by an accord and satisfaction. Accord and satisfaction occur when one party has performed his obligations under the contract and agrees to accept something different from that to which he is entitled under the contract in discharge of his rights. The same applies in the case of Harrison and Guildhall galleries where He accepts to sell the stamps at a lower price than the one they agreed upon in the beginning. The new agreement is the accord and the carrying out of it is the satisfaction. It is essential that if the new agreement is to be enforceable, consideration should be given by one party in return for the surrender of his rights under the original contract by the other. As a result of accord and satisfaction Harrison is therefore in a position to discharge the contract with guildhall galleries without claiming for the damages caused by the Galleries. Thus the promise of payment of a lesser sum than one which is already due cannot -5 b

Juvenile crime and recidivism have over the years remained critical issues in the society due to their negative implications to the youths and the community.   Unlike other crimes, juvenile related crime and recidivism have been cited to have more negative implications because youths are considered to be critical elements for defining a States future orientation.  In their view, Hess and Hess (2009) indicate that failure to address juvenile crime effectively is the biggest mistake that any State can make.  This paper provides an intrinsic analysis of juvenile crime and recidivism in the state of Oregon to establish the related policies and their introduction, its constitutionality and the extended implications to the society.    

Issue description and analysis 
Juvenile crime and recidivism as Josine and Frieder (2009) indicate form some of the most disturbing aspects in the society.  Many youths turn to crime either due to bad peer influence or involvement in drug abuse.   Josine and Frieder (2009) continue to say that youth involvement in crime should be viewed from various angles during policy formulation.  On average, the Office of Juvenile Justice and Delinquency Prevention report of 2008 indicates that about 2.11 million youths below the age of eighteen years were arrested in the year 2008 (US Department of Justice, 2010).   Though this indicates a drop of three percent on the previous 2007 levels, the numbers are still very high.  In the state of Oregon, recidivism rates remained at 23 in the year 2008, a consideration that has led to key human rights activists criticizing the efficacy of the current correction system (Larry and Brandon, 2008).  Most of the juvenile crimes are committed during the after school hours (3- 6pm) when most of youths go unsupervised.   Psychological analysts such as Erick Erickson and Albert Bandura concur that the trends are mostly influenced or a result of the inadequate capacity of most young people at the tender age in making the correct decisions that may deter the influence of the peer pressure (Larry and Brandon, 2008).

Juvenile delinquency and recidivism prevention policy 
This is a legislative initiated policy established by the Oregon State government through its Juvenile Crime Prevention Advisory Committee of 1999 (Oregon.gov, 2010).  The program was established following the Oregon State governments realization of large amount of money that it was losing to juvenile crime.  Juvenile delinquency and recidivism prevention policy requires the youths to undergo established programs where they are taught on how to avoid getting involved in crime.  Particularly, the policy emphasizes on the need to address the after- school hours by committing youths to after-school sports program as a key strategy to keep them away from negative peer pressure (Hess and Hess, 2009).

Constitutionality 
Notably, the United States strong values for its future are reflected in the emphasis of juvenile justice in all States.  It is therefore a constitutional issue at the federal level as it is reflected in the Federal Statutes Title 42 and Chapter 72 (Josine and Frieder, 2009).   Though key amendments have taken place, the creation of Office of Juvenile Justice and Delinquency in 1974 has been very critical in addressing the thorny issue youth delinquency and recidivism.  In the State of Oregon, Sections 5611 to 5617 of the Juvenile Justice and Delinquency Prevention Act has been emphasized in creating local programs to guide youths in avoiding getting involved in crime and engaging in more constructive activities such as sports (Hess and Hess, 2009).

Effects of the issue to the to the community, accused, and the victims 
Analysts have over the recent years sought to establish the major implications that accrue juvenile delinquency and recidivism in the society.  To the community, juvenile delinquency is highly destructive as it disrupts the correct economic and social-political environment (Hess and Hess, 2009).  Criminal activities are highly destructive and at times may lead to loss of lives in violent crimes.  Most of the community members especially in the inner cities have indicated their fears especially during the danger zone (period between 3-6PM) after school period (Larry and Brandon, 2008).

Taking into consideration the fact that the accused often get into conflict with the law, the implications are very extensive.  United States Department of Justice (2010) points out that, most of them are often caught and incarcerated due to the high resilient nature of delinquency.  However, recidivism acts as a major pointer towards stronger addiction by the youths.  Compared to others, youths involved in crime often exhibit poor cognitive and personality development.

According to Hess and Hess (2009), victims of juvenile crime suffer key damages depending on the nature of crime and its magnitude.  Some criminal activities such as rape have long term implications on the victim while in some other violent cases, they may result in to loss of lives.  Larry and Brandon (2008) explain that though implications are indeed very different, they result to a victim are very painful as they count their losses.
Conclusion 
From the above analysis, this paper concludes by supporting the thesis statement, Juvenile crime and recidivism has over the years remained a critical issue in the society due to their negative implications to the youths and the society.  It came out clearly that juvenile delinquency if not addressed effectively, not only threatens the current generations, but equally denies the state and indeed the country a future.  It is therefore very critical that the policy on Juvenile delinquency and recidivism prevention is further strengthened to facilitate a better future for all.