Invitation And Recruitment Practices In Research

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Invitation And Recruitment Practices In Research

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Invitation And Recruitment Practices In Research

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Question:
Discuss about the Invitation and Recruitment Practices in Research.

Answer:

Introduction
The main objective of this assignment is bring out that if the customers under the law of contact can legally enforce the agreement that Alan had proposed before he put up a notice on the board regarding the advertisement he had published in the newspaper for giving manicure and pedicure at low rates. This paper also throws light on the consequence that will be faced by Allan if he argued that $15 for manicure and pedicure is very less. This essay will also talk about the legal issues in relation to the free haircut he has promised which is not given to Jill due to coming later than 7 days.
Are the 40 customers who produced the advertisement eligible to enforce any legal agreement advertisement before the notice was put up on the window?
When an advertisement[1] is made as an offer it is considered to be a unilateral contract or bilateral contract. In the case of Alan, this advertisement made by him was considered to be a bilateral contract. As, he had specified as a ‘special offer’ in a newspaper advertisement that he would give manicure and pedicure to the customers for $15 on the production of the advertisement. The 40 customer’s who had produced the advertisement to Alan before the notice was put up by him on the board stating that the advertisement had now been exhausted, are legally enforceable[2] to get their manicure and pedicure for $15.
As this was considered as an invitation to treat and have the scope to be bargained in the future, as they are temporary in nature. Hence, it can be said that the advertisement by Alan was an offer made to increase his clients. Thus, he will be liable to them.
A contract has specific rules that have to be followed by both the parties. This advertisement was a bilateral contract and only the parties to such offer can avail the services that would oblige by the terms and conditions[3] mentioned in it. Not abiding by it would lead to breach of contract. It was clearly mentioned in the advertisement by Alan that only those customers can avail his services of getting manicure and pedicure for $15 who would produce the advertisement. These customers could not avail any special service of $15 nor could they enforce the agreement[4] against Alan as they did not abide by the rules of the contract. In a contract there is an offer made and there has been an acceptance.
In a bilateral contract there is nothing permanent as there are chances of the product getting over or exhausted. It is also unreasonable to expect the advertisement to sell to everyone as there are high chances of the product or services getting exhausted.
The advertisement made by Alan was invitation[5] to treat which an invitation is made to the customers to submit themselves to the offer. The willingness of Alan to make a deal is seen clearly in the advertisement. But it does not have the elements of an offer, sometimes it can be stated as an invitation to bargain. This is an invitation for the public to come and avail the services that have been offered by Alan. It was Alan’s own terms and conditions he had put in the newspaper advertisement as a ‘special offer’ to attract customers. On getting a lot of response he thought his salon would suffer loss[6], he had the power to stop the services, but he could not change the price of the $15 manicure and pedicure to $60 just because he later realised he would go into loss.

Application
This invitation to treat or bid does not fall under the category of offer until there is any further negotiation. Generally, the party making the invitation does it individually and the other parties to whom it is issued may accept it or reject it on their own whims and boons.
When Alan withdraws his promotion he can charge his clients the normal rate for manicure and pedicure and he is no longer liable for any obligations for his ‘special offer’.
Alan had put up an advertisement saying that up to $75 will make your nails look good, and also stated that anyone who did not get a date within 7 days of getting manicure and pedicure will get a free haircut. Jill did not since she comes 14 days late. Will Alan have to provide her with it?
Invitation to a treat is not considered as an offer. Since there is no negotiations involved. There are no expressed or implied[7] terms involved. The invitation is made clear and precise. There is a time frame made for accepting such an invitation. A closing date should be made to avoid any confusion. By specifying a closing date of 7 days to avail free haircut, Alan has made his invitation very clear. Hence, he will not have to comply with anyone who comes after 7 days to avai[8]l the free haircut he has to offer. But he cannot withdraw is offer before the dead line in that case he will be liable to his customers.
Had Alan not specified an expiry time of the free haircut service his offer could be revoked. We can see this in the case of Murray V Rennie & Angus, the outcome of this case was that there was a quotation to carry out a masonry work which was open for acceptance 11 days later.
Conclusion
Generally contract is an agreement between two parties and there has to be some form of negotiations. In an invitation to treat there is no mandatory acceptance it is open to all. In Alan’s case he had made a special offer in the newspaper to invite customers. Thus, he was entitled to give the 40 customers the offer they had availed. But at the same time he was not liable to give any special service to the 20 customers who did not produce the advertisement. Also he could not in the special contract increase the cost of the services just because he was suffering loss, he could only do so after the expiry of his special service. Alan was also not liable to Jill for she came 14 days later to avail her free haircut and it was clearly mentioned that free haircut could only be given with 7 days.

Reference List:
Bishop, Jonathan. “My Click is My Bond: The Role of Contracts, Social Proof.” Gamification for Human Factors Integration: Social, Education, and Psychological Issues: Social, Education, and Psychological Issues (2014): 1.
Candy, B., et al. “Exploring Invitation and Recruitment Practices in Research with Children and Young People with Life Limiting Conditions (LLC) or Life Threatening Illnesses (LTI) and their Families-A Systematic Review.” Hayward Medical Communications, 2015.
Jobes, Karen H., and Moisés Silva. Invitation to the Septuagint. Baker Academic, 2015.
Khan, Ashraful Islam, et al. “Early invitation to food and/or multiple micronutrient supplementation in pregnancy does not affect body composition in offspring at 54 months: follow?up of the MINIMat randomised trial, Bangladesh.” Maternal & child nutrition 11.3 (2015): 385-397.
Li, Yi Lut, and Rita Yi Man Li. “An Offer, An Invitation to Treat and Transaction Costs.” Law, Economics and Finance of the Real Estate Market. Springer Berlin Heidelberg, 2014. 95-104.
Nyondo, Alinane Linda, et al. “Invitation cards during pregnancy enhance male partner involvement in prevention of mother to child transmission (PMTCT) of human immunodeficiency virus (HIV) in Blantyre, Malawi: a randomized controlled open label trial.” PLoS One 10.3 (2015): e0119273.
Sparrow, Andrew. Film and television distribution and the Internet: a legal guide for the media industry. CRC Press, 2016.
Urban, Randall J., et al. “Translational studies in older men using testosterone to treat sarcopenia.” Transactions of the American Clinical and Climatological Association 125 (2014): 27.

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