The following are issues that need to be addressed when advising Amy about Sleepy Hollow Nursing Home’s rights and liabilities. The first issue is whether or not Ben’s letter is an offer. “An offer is a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive”. If the offeree understands that the offeror intends to be bound by their proposal, if unequivocally accepted by said offeree, there is an offer. Bens letter contained a quote of $50,000 to do the job with all materials and paints included and he had previously visited the nursing home to give Amy advice about the job. These facts suggest that Ben communicated to the offeree effectively that he had the …show more content…
An offeror can revoke his/her offer any time before it is accepted as long as an option has not been given. This is even if he/she has stated that the offer will remain open for a particular period of time because the offeree has not presented consideration. The revocation of an offer must be communicated to the offeree, but this does not have to be done by the offeror as long as the information given is reliable. Applying this to the facts, no option was given and no consideration was given as Amy merely informed Danny that the deal was “subject to confirmation from the nursing home’s accountant that funds could be transferred by the time required”. The revocation was communicated to Amy before she made her acceptance as she was made aware of it via Delphine’s website. The website acted as Delphine’s agent in a similar manner as Berry acted as Dodd’s agent when informing Dickinson of Dodd’s sale to Allan in Dickinson v Dodds. Due to the facts within the scenario explicitly stating that Amy was aware of the revocation, one cannot counter-argue the method of communication. If this information had been omitted from the facts, Amy’s acceptance would have been valid and Delphine would have been liable for breaching the contract because the revocation of the offer would not have been communicated to Amy
4. describe actions to take where any concerns with the agreed care plan are noted
“The Palace” is located in the heart of the gables. It is one of the top notch awarded nursing home facilities for seniors stated by many families. Currently being an employee at this facility, I am learning the frightful stories of senior living. Even the Palace one of the most expensive, awarded senior living is actually a terrible place for the elderly. Especially, working at the Front Desk as the receptionist, I have seen firsthand how these poor seniors are forced into these haunted “luxurious” homes. The marble of the building has been often a misleading reason for placing their parent or grandparent in such terrible care. Most humans tend to judge by the appearance of the nursing homes rather than further investigating any violations that the facilities may have. From my own experience with my grandmother, I know it can be very difficult to take care of a senior citizen, especially when they suffer from various conditions and are just not safe in their home. Once adults become seniors, they require a lot of attention and assistance, which is hard when running a whole household and a career. But placing your loved one in one of these facilities can just shorten the amount of time they have to live. Also, it can be very expensive. Lastly, nursing home makes seniors feel the lack of freedom.
1.2 EVALUATE AGREED WAYS OF WORKING THAT RELATE TO RIGHTS AND CHOICES OF AN INDIVIDUAL WITH DEMENTIA.
Nursing Home Administration is an area which specialized in medical and health services management. Nursing home administrators specialize to supervise clinical and administrative affairs of nursing homes and related facilities. They also have a working knowledge of the physical and psychological effects of the aging process. An administrator’s duties includes overseeing staff and personnel, financial matters, medical care, medical supplies, facilities, and other duties as specific positions demand. This paper will discuss different aspects of nursing home administrator and I will follow up with an interview by Kathy Kondolf, an administrator at Heartland of Zephyrhills.
-the reasoning: the completed contract was mailed before the attempted revocation was received. There was evidence to support it and a binding contract must stand.
3. Third Possible Offer. Peters response to Don of "OK, that sounds great. I just need to inform my sister first before I can act on this. This decision affects her too. Can I let you know for sure tomorrow?" does not contain the required promissory language required to show intent to form a contract. He is simply relaying that he is taking Dons invitation for an offer under consideration and must communicate with his sister prior to a decision being made.
3.4 Explain how an individual with dementia can be enabled to exercise their rights and choices even when a decision has not been deemed to be in their best interests.
The delivery of Healthcare is a high touch enterprise that calls for interaction among every stakeholder within the healthcare sphere. Communication, whether interpersonal or intrapersonal, is a crucial part of these dealings and may be transformed by the intellectual use of communication tools. Information is the means of support of healthcare. Therefore, communication systems are the backbone that supports the whole idea. Care of patients in the nursing homes now almost unavoidably entails many different people, all with the need to share patient information and talk about their organization. As a result
Revocation. [7] Whoever makes an offer can revoke it as long as it hasn't yet been accepted. This means that if you make an offer and the other party wants some time to think it through, or makes a counteroffer with changed terms, you can revoke your original offer. Once the other party accepts, however, you'll have a binding agreement. Revocation must happen before acceptance. There are some offers that are irrevocable. The offer must be revoked in the same manner it was given.
if this is done, Wessel can not create a contract by accepting the revoked offer, Gregory. so as long as the contract do not express that how many time or how long Gregory offer Wessel monologue, he still have right to revocation the offer.
The area of Law concerned in this case is The Law of Contract specifically relating to the revocation of an offer and counter offers. The case Wolf and Wolf vs Forfar Potato Co Ltd (1984) directly links to the case between Bruce and Ken. As Bruce is once again dealing with the Law of Contract specifically the non-acceptance of an offer, he is under no legal obligation to sell Ken the rare vinyl at the original price of £40. When Ken rejected the original offer he created a counter offer which in Scots law is a completely new offer and caused Bruce’s original offer to lapse and was up to Bruce to decide wether or not to accept the new terms, after Bruce rejected the counter offer all offers between Bruce and Ken had lapsed. When Ken came back insisting that there was a contract between them and he was entitled to the album Bruce was in fact under no legal requirement to give Ken the vinyl as all offers had lapsed and no contract existed between then.
Margie then discusses her desires to the social worker at the nursing home. The social worker recommended that she take her case to the ethics committee.
Most contracts are valid despite the fact that they may be only oral. Dan was knowledgeable that Pat wanted to buy a home, which she was not financially qualified to purchase. Consequently, he offered to purchase the home and sell it to her, when she had the capital to do so. The statement of Don to Pat, “When you come up with the money, I will sell the home to you for $250,000, plus a fair commission to be determined”, and Pat’s search and identification of a suitable home, and Dan’s purchase supports each intent to be bound.
This assignment will identify and evaluate the legal and ethical issues within the health and social care for elderly people with dementia and living in residential homes. It will address the difference between the legal and ethical issues and the impact it has on the person suffering from the disease, their family and the role that the professionals have in decision making for the individual’s wellbeing.
I conducted interviews with individuals from the Department of Health and Human services that focused on the aging population, vulnerable adults and their residency in long term care facilities. The DHS has different branches that cater to the needs of older adults as well as regulations and laws aimed at protecting residents in long-term care facilities. The regulations include, the Adult protection statute, and general statutory guidelines for home and community-based services under Medicaid. Minnesota and the federal government share responsibility for enforcing the “Nursing Facility Bill of Rights” which explains the rights afforded to residents of nursing facilities.