Saturday 12 February 2011

Rant 725 / Those Formations

Having a test on Contract Law later. Slightly worried for 2 reasons. Firstly, it's 40% of my final grade (60% of my final grade in the next test in 2 weeks). Secondly, I find the line between "counter-offer" and "request for information" very blurry. I'll make a simple example:

A: I'm willing to sell this item to you for $50.
B: Would you accept $25 now and $25 next week?

Is that a counter-offer or just an inquiry? According to Stevenson, Jacques & Co v McLean (1880), that's a mere inquiry and not a counter-offer.

What if B had said," How about I pay you  $25 now and $25 next week?"

I think this means I still don't understand where an inquiry becomes a counter-offer. According to the textbook, if he had said," I will pay you $25 now and $25 next week," it would have been a counter-offer. From this I deduce that the second question I suggested above was still an inquiry.

How about... "I will pay you $25 now and $25 next week, ok?" :)

It's interesting what makes a contract a contract, legally speaking. Contrary to what you might think, a verbal agreement is a legally binding contract in most scenarios, unless it has to do with employment, properties or marriage.

Before I forget, I'm talking about Singaporean law here, which in this case is very similar to English law since most of the statute laws regarding this have remained unchanged since independence, according to the lawyer lecturer.

Anyway to make a contract, there needs to be these elements: the intention to treat/create contract, meeting of minds, consideration, offer and acceptance.



The intention to treat is obvious. A contract is made only if someone wanted it made.


Meeting of minds means both sides must be talking on the same frequency. If A has 2 cars and offers to sell to B "a car", then B accepts thinking he's getting the Rolls Royce, but A actually had his Mercedes in mind, there is no meeting of minds. Hence there is no contract.


Consideration, in this situation, means an exchange of something for something, usually something bad for something good. The consideration needs to be sufficient but need not be adequate. To be "sufficient", the thing(s) being offered (ie consideration) must be of economic value. If you sell a house for $1, it is not "adequate" but it is "sufficient". Technically you could even sell your house in exchange for a candy wrapper and it could form a legally binding contract, provided you can prove that the wrapper has any economic value (at least to you).

I think I can rephrase the definitions to:

Sufficient - of any economic value
Adequate - of suitable economic value

Furthermore, past consideration is not taken into account. For example, a friend goes bankrupt and you gave him your $1000 laptop out of sympathy. 5 years later he worked his way back up and even made a killing in the stock market. He then promises you that he'll give you $10k because he traded his stocks through your laptop.

Legally, that laptop is past consideration because it was given long ago with no explicit agreement that anything will be given to you in return. Ergo, this is not a legal contract. Ergo, you cannot sue him if he doesn't pay up.

One more thing about consideration is that obligations from existing contracts or the law cannot be considerations. For example, if you're trapped in a burning building and the firemen arrive, promising them $5M for saving you is legally useless. They're legally obligated to try and save you, so if they did it and you refuse to pay up later, they can't do anything about it.



Offer and acceptance may seem obvious but it is actually not that clear. For example:

A: I offer you $50 to fix my PC.
B: I'll see what I can do.

No acceptance here. A can't sue B if the PC remains in that condition till the end of time. But if B comes over the next day and fixes the PC, then there is acceptance and A is legally required to pay B $50.

Speaking of this, there's another example of something strange that the lecturer raised.

A: Can you fix my PC?
B: I'll see what I can do.

B fixes the PC. A was so happy that he/she/it gives B $50.

In this case, the $50 was not part of any contract (no consideration from B, for one), hence A is allowed to ask for that $50 back later. A would have been an asshole but not a criminal.

Or if you told him you'd give him $50 for fixing the computer while he was already doing it, it would still not be a consideration.

Whether any of these can be proved in court is none of my concern because I'm only interested in Contract Law today.

However, all these can be nullified due to any of the reasons already listed on Wikipedia under Defenses against Formation.






Biggest storm I've seen in a long time today. Such storms belong in December but it's already February. Global warming. Not that I mind. Rain is always good when you're indoors.






WHY WAS THERE AN ANT ON MY MONITOR?!??

Bad sign. The only edible things on my desk is this re-sealed Lotte Fun-cap and the box with 3 packets of yeast I'm planning to use in the very near future. Actually I think I'll only need one. One packet of yeast per 3 cups of flour.

However all those recipes I'm using (I follow the general consensus of multiple recipes) are American, so I don't know if this French product is made with the same standards in regards to quantities.

Never mind. One packet is apparently 2 and a quarter teaspoon, so I could just measure them with my measuring spoon set.

As for the ant, I don't like it. I think I need to spray some insecticide the next time I go out for more than a few hours. If you don't understand why I'm fussing over a single ant, it's because this room is my final bastion of hygiene at home. The kitchen and living room are rarely cleaned and hence are pretty infested with ants. Tiny flies are tolerable because my room has a bathroom and the only way to prevent flies is to spray the drain with insecticide every week (for my home anyway). I don't like to spray insecticide too often for rather obvious reasons.









So nobody in Singapore and Malaysia is playing Bad Company 2: Vietnam. All the servers are in the original Bad Company 2. Tried that last night, horrible experience. Almost every player was trying to stack. Seriously, at one point when I checked the scoreboard, the opposite team was filled with general-ranked players while the best on my team were master sergeants (players gain ranks from points scored throughout their time in BC2).

People were complaining but none of the skilled players cared. A few were even gloating when they steamrolled over us saying, "Flawless," or "Too easy." I was thinking: Duuuuuuuude...

Near the beginning of the second game, one guy was even telling everyone to leave the server for 5mins to make the other team unstack. Nobody cared. I didn't. I just stayed long enough to be steamrolled till we were pushed back to our "Final Stand" base in 10mins, left and switched to Vietnam. What's the point of staying when I couldn't even get out of the base without being sniped by frickin tanks?

The stack over at the Europeans servers is pretty mild compared to that, so I'm sticking with Vietnam and sacrificing good pings for balance. The expansion is actually nicer to newbies because we get more stuff (like syringe for medics, used for reviving unconscious teammates) right from the beginning.






Now testing videocam again. After updating the PMB programme the last time I just left it alone. Now it's time to see if it's working.

Ok, a disc that used to work is still readable. Videos on it have been transferred to my PC before and are still watchable. Never bothered to format it yet.

Now for the disc that has videos on it that I've never been able to transfer over. Like I said before, the videos can be watched in the videocam but they're not when it's connected to the PC via USB cord.

Doesn't seem to be working. Been reading that disc for like 15mins. Looks like it may be the discs that aren't working somehow.

Oh wait now it responds...

...

Believe it or not, it's been about 2 hours and it's only at 9% of the third video out of 7 on this disc. True that they're of different lengths but it still is a very slow speed especially when its maximum capacity is only 2.8GB.

...

30mins later... 84%... of the third video still.

Oh well, at least it's reading at all. Those videos have sentimental value.

...

20mins later. 9% of the fourth video. Yes it's moving but I'm definitely blacklisting this disc and buying a few more new ones next time I pass a store that sells them.

...

Leaving it on. Setting the computer to shutdown at 1am. Not going to wait for it to complete the transfer for the entire night.










Endhiran or Robot was a 2010 film that I've never heard of. The trailer looks kinda interesting though. AFAIK it's supposed to have too much special effects.











Check out that cool expression at the end.


This video was actually played in reverse.







Bacardi Breezer has an even lower alcohol content than Jolly Shandy (4.8% vs 5%), yet Bacardi Breezer has a stronger alcohol smell. What's up with that?






I'm done exploring all the vaults in New Vegas, except for Vault 21 because it's been mostly filled with concrete and the remaining part was turned into a hotel. Not much chance of a surprise.

One of the more significant places I have not cleaned (ie wiped out every hostile thing and looted everything worth at least 8 caps per unit weight) is the quarry. I can't handle Deathclaws even at level 28. I've maxed out my Energy Weapons and I'm still using the Laser RCW, yet it takes too long to kill each Deathclaw with it.

Why?

My light armour isn't a problem. IIRC Deathclaw attacks bypass my armour, rendering armour completely useless in a fight with a Deathclaw.

I don't feel like sniping them like before, yet I can't just face them head on.

At this rate, I think I'll be skipping over the quarry this run and move on. I'll probably just clean up the NCRCF ( the Powder Gangers), finish Arcade's quest and end the game with me as king.

Since I'm so close to exploring everything in New Vegas as far as I can tell, it probably will be a long time before I play it again after this.

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