Your client, Miranda Roberts, entered into a written and signed contract with Daniel Anderson on May 1, 2019 under which Mr. Anderson agreed to paint Ms. Robertsâ entire house for a total price of $5,000.
Although Mr. Anderson did paint the entire house, Ms. Roberts has informed you that, in her opinion, he did not do a good job and as a result, she does not feel that she should pay him the $5,000 as per the contract terms. She has also informed you that they have been arguing back and forth about this matter for the last three weeks. She is willing to send him a check for $2,500 (the amount that she thinks his services were actually worth) as full payment for his paint job.
Ms. Roberts has asked for your advice as to whether she could send just the $2,500 as full payment and not be legally responsible for the remaining $2,500, should Mr. Anderson seek to sue her for breach of contract. Please prepare a memo to Ms. Roberts advising her on this matter. Your memo should specifically deal with and explain the issues of: (1) whether the original contract terms are enforceable against Ms. Roberts and (2) consider the circumstances if she sends the $2,500 and Mr. Anderson accepts that payment and then sues her for the balance.
Sample Solution
Audit OF LITERATURE This part of survey of writing helps center around a portion of the ongoing writing identified with diabetes. It enables illuminate the examination articles identifying with the learning, frame of mind and practices in diabetic patients. Further it additionally gives a concise record of concentrates identified with the indicators of elective methodologies and the examinations that are identified with the sources that impact the utilization of elective methodologies. The audit is restricted to the articles that were done between 1985-2014 of which some of them are quantitative and subjective in nature. The databases through which the diaries are alluded incorporate Pubmed, Springerlink, ScienceDirect, Sage, Wiley online library, Taylor and Francis, Plos one, Mary Ann Liebert, American Diabetes Association, BioMedCentral (BMC) and Oxford Journals. This audit helps in distinguishing the holes that exist in the present writing. Information, frame of mind and Practices among Diabetic grown-ups Consciousness of diabetes and diabetes care is required for fruitful ailment the executives. Low degree of familiarity with diabetes and its inconveniences among patients results in poor glycemic control in Indians with diabetes. Learning about diabetes mellitus, proper demeanor and practices are imperative to lessen the occurrence and dismalness related with it. Acquiring data about the degree of mindfulness about diabetes in a populace is the initial phase in detailing an anticipation program for diabetes (Mohan, Raj, Shanthirani, Datta, Unwin, Kapur, and Mohan, 2005). An investigation from Pakistan featured the way that appropriate training and mindfulness program can change the demeanor of the open with respect to diabetes (Badrudin, Basit, Hydrie, and Hakeem, 2002) as a huge hole among learning and mentality among the diabetes patients was found (Sivagnanam, Namasivayam, Rajasekaran, Thirumalaikolundusubramanian, and Ravindranath, 2002) and legitimate information in regards to different parts of wellbeing instruction program can improve the learning of patients and change their frame of mind (Mehta, Karki, and Sharma, 2006). In an investigation that was directed in Philippines to test the information, frame of mind and practices among diabetic patients it was discovered that the general learning scores are poor, with a rate mean score of just 43%. The discovering likewise uncover that just 1% of the 156 respondents accepted that type 2 diabetes is a genuine ailment reflecting how the majority of the inhabitants think about their condition as something to be trifled with, this thus affected the members rehearses where not exactly 50% of the respondents detailed normal catch up with their specialists (ArdeÃ¥Ëa, Paz-Pacheco, Jimeno, Lantion-Ang, Paterno, and Juban, 2010). Satisfactory learning has been related with progressively sufficient social results. In a cross-sectional examination on information, disposition and practices among diabetes patients about diabetes and its intricacies in Central Delhi, it was discovered that out of 170 patients 85.9% members had the fundamental learning about the kind of diabetes, about 87.6% of the members uncovered that they realized what they needed to expend, while just 11.8% members thought about ordinary glucose levels. The greatest learning that the members had were about the eye issues (48.82%) and kidney issues (40%) while almost no information was noted for diabetic extreme lethargies and stroke that outcomes from diabetes. It was additionally discovered that the members have an inspirational frame of mind (72.65%) that was not reflected in their practices (Singh, Khobragade, and Anil, 2013). Another examination done in Bijapur, Karnataka uncovered indistinguishable outcomes from the above where the inspirational demeanor was around 60-90% among the members and it was additionally discovered that 59.9% had poor learning and 24.8% had great information about diabetes. Further the investigation concentrated on the acts of the respondents where they took additional consideration in the event that they were harmed and 40.7% were practiced routinely (Raj and Angadi, 2011). An investigation that was directed among 238 diabetes patients in Saurashtra district, Gujarat, Shah, Kamdar and Shah (2009) found notwithstanding being determined to have diabetes for a long time just 46% of them knew the pathophysiology of diabetes. The three principle discoveries of the investigation uncovered that low training about diabetes among the members were on the grounds that 40% of the members had a place with the underneath neediness line, due to which they couldn’t manage the cost of treatment or a base standard consideration. The second purpose behind having low information was just 3% of the members were being treated by an endocrinologist, the reason being Gujarat having exceptionally less number of endocrinologists with not in any case one in the Government medical clinic making it hard for the poor to manage the cost of the private organizations. Third and the most significant factor was the low degree of instruction where just 10% of them were graduates and 37% of the members were totally proficient. The examination likewise demonstrates the frame of mind towards diabetes among the members where it was discovered that the members accepted that they are totally in charge of their own wellbeing showing that whenever persuaded and given instruction about diabetes they would roll out essential improvements in their way of life. A Cross-sectional examination that utilized the learning, demeanor and practice (KAP) survey among the out patients in Nepal uncovered that the information, mentality and practice level of the members were low (Gul, 2010; Upadhyay, Palaian, Shankar, Mishra, and Pokhara, 2008). Supporting this examination another ongoing investigation including youthful (31-40 years) diabetic Saudi ladies additionally revealed poor KAP scores (Saadia, Rushdi, Alsheha, Saeed, and Rajab, 2010). Another investigation done in Malaysia announced that diabetic patients in an essential consideration focus had great learning and better frame of mind towards the consideration of their own ailment (Ranjini, Subashini, Ling HM, 2003). Some examination articles uncovered that diabetic patients have satisfactory learning and have uplifting frame of mind towards their condition and that there is no connection between the KAP and genuine control of Diabetes Mellitus (Ng, Chan, Lian, Chuah, and Noora, 2012). An examination that was directed by Kheir, Greer, Yousif, Geed and Okkah (2011) assessed the learning, disposition, practice (KAP) and mental status of grown-up Qatari patients with sort 2 diabetes mellitus to think about the job of these components on the capacity of the patients to deal with their diabetes and to accomplish attractive wellbeing results. It was discovered that there were huge contrasts in the demeanor and information between instructive levels. The investigation inferred that giving instruction and other help projects to diabetics could be increasingly viable if the KAP of the patients are comprehended before directing such projects. An investigation which was done in United Arab Emirates to discover the KAP in diabetic patients uncovered poor information among the members. It was discovered that most of patients (72%) had a negative frame of mind towards having diabetes. Nonetheless, just 6% communicated a ‘negative disposition’ towards the significance of DM care. The outcomes likewise demonstrated barely noteworthy relationship between the training score and level of instruction, conjugal status, method of analysis, span of ailment, insulin use and recurrence of seeing diabetes teacher (Al-Maskari El-Sadig, Al-Kaabi, Afandi, Nagelkerke, and Yeatts, 2013). Another examination showed that in spite of the fact that the learning levels(56.14% of the respondents scored 100% in information related inquiries) among our investigation members are high, the degrees of frames of mind (17.5% scored above half) and practice (15.78% scored 100%) are lower than attractive (Saadia, Rushdi, Alsheha, Saeed, and Rajab, 2010). Indicators of Alternative Approaches Different indicators have been found to assume a job in a person’s conduct to participate in elective methodologies. The investigations beneath illuminates the ongoing exploration that has been done around there. The statistic factor was not observed to be a critical indicator of CAM utilization which included age ( Nilsson, Trehn, and Asplund, 2001; Singh, Raidoo, and Harries, 2004). An examination directed by Mehrotra, Bajaj and Kumar (2004) demonstrates that age was not fundamentally related (p>0.1) with use of integral and elective medication. Though, in actuality age was identified with the utilization of elective methodologies (Chang, Wallis, and Tiralongo, 2007; Ogbera, Dada, Adeleye, and Jewo, 2010). Adding to this, look into directed by Hasan, Ahmed, Bukhari and Loon (2009) showed that factors, for example, age gatherings (over 50 years ), those in the 25-multi year age gathering (Metcalfe, Williams, Mc Chesney, Patten, and Jetté, 2010), middle age (Bishop, and Lewith, 2010; Ernst, 2000; Pirotta, Cohen, Kotsirilos, and Farish, 2000) that is 46â60 years (Lee, Charn, Chew, and Ng, 2004) added to the use of corresponding and elective meds. Discoveries from the 2007 National Health Interview Survey ladies uncover that moderately aged men answered to utilize corresponding and elective drug more than more youthful or more established people. Larger amounts of training were related with higher rates of utilization. Predominance rates of utilization for each sort of integral and elective prescription essentially expanded with a person’s pay (Upchurch, and Rainisch, 2013). As indicated by Singh et al. (2004) level of instruction and salary (Mehrotra et al., 2004) were appeared at impact the utilization of Complementary and elective medication then again rather than their discoveries training level (Bishop, and Lewith, 2010; Ernst, 2000; Foltz et al., 2005; Harris, and Rees, 2000; Hasan, Ahmed, Bukhari, and Loon, 2009; McFarland, Bigelow, Zani, Newsom, and Kaplan, 2002; Metcalfe et al., 2010; Millar, 2001; Nilsson et al., 2001; Ogbera et al., 2010; Park, 2005; Wiles, and Rosenberg, 2001) and Income (Foltz et al., 2005; Hasan et al., 2009; MacLennan, Myers, and Taylor, 2006; Metcalfe et al., 2010; Park, 2005., Singh et al., 2004, Thomas, Nicholl, and Coleman, 2001; Wiles, and R>
Audit OF LITERATURE This part of survey of writing helps center around a portion of the ongoing writing identified with diabetes. It enables illuminate the examination articles identifying with the learning, frame of mind and practices in diabetic patients. Further it additionally gives a concise record of concentrates identified with the indicators of elective methodologies and the examinations that are identified with the sources that impact the utilization of elective methodologies. The audit is restricted to the articles that were done between 1985-2014 of which some of them are quantitative and subjective in nature. The databases through which the diaries are alluded incorporate Pubmed, Springerlink, ScienceDirect, Sage, Wiley online library, Taylor and Francis, Plos one, Mary Ann Liebert, American Diabetes Association, BioMedCentral (BMC) and Oxford Journals. This audit helps in distinguishing the holes that exist in the present writing. Information, frame of mind and Practices among Diabetic grown-ups Consciousness of diabetes and diabetes care is required for fruitful ailment the executives. Low degree of familiarity with diabetes and its inconveniences among patients results in poor glycemic control in Indians with diabetes. Learning about diabetes mellitus, proper demeanor and practices are imperative to lessen the occurrence and dismalness related with it. Acquiring data about the degree of mindfulness about diabetes in a populace is the initial phase in detailing an anticipation program for diabetes (Mohan, Raj, Shanthirani, Datta, Unwin, Kapur, and Mohan, 2005). An investigation from Pakistan featured the way that appropriate training and mindfulness program can change the demeanor of the open with respect to diabetes (Badrudin, Basit, Hydrie, and Hakeem, 2002) as a huge hole among learning and mentality among the diabetes patients was found (Sivagnanam, Namasivayam, Rajasekaran, Thirumalaikolundusubramanian, and Ravindranath, 2002) and legitimate information in regards to different parts of wellbeing instruction program can improve the learning of patients and change their frame of mind (Mehta, Karki, and Sharma, 2006). In an investigation that was directed in Philippines to test the information, frame of mind and practices among diabetic patients it was discovered that the general learning scores are poor, with a rate mean score of just 43%. The discovering likewise uncover that just 1% of the 156 respondents accepted that type 2 diabetes is a genuine ailment reflecting how the majority of the inhabitants think about their condition as something to be trifled with, this thus affected the members rehearses where not exactly 50% of the respondents detailed normal catch up with their specialists (ArdeÃ¥Ëa, Paz-Pacheco, Jimeno, Lantion-Ang, Paterno, and Juban, 2010). Satisfactory learning has been related with progressively sufficient social results. In a cross-sectional examination on information, disposition and practices among diabetes patients about diabetes and its intricacies in Central Delhi, it was discovered that out of 170 patients 85.9% members had the fundamental learning about the kind of diabetes, about 87.6% of the members uncovered that they realized what they needed to expend, while just 11.8% members thought about ordinary glucose levels. The greatest learning that the members had were about the eye issues (48.82%) and kidney issues (40%) while almost no information was noted for diabetic extreme lethargies and stroke that outcomes from diabetes. It was additionally discovered that the members have an inspirational frame of mind (72.65%) that was not reflected in their practices (Singh, Khobragade, and Anil, 2013). Another examination done in Bijapur, Karnataka uncovered indistinguishable outcomes from the above where the inspirational demeanor was around 60-90% among the members and it was additionally discovered that 59.9% had poor learning and 24.8% had great information about diabetes. Further the investigation concentrated on the acts of the respondents where they took additional consideration in the event that they were harmed and 40.7% were practiced routinely (Raj and Angadi, 2011). An investigation that was directed among 238 diabetes patients in Saurashtra district, Gujarat, Shah, Kamdar and Shah (2009) found notwithstanding being determined to have diabetes for a long time just 46% of them knew the pathophysiology of diabetes. The three principle discoveries of the investigation uncovered that low training about diabetes among the members were on the grounds that 40% of the members had a place with the underneath neediness line, due to which they couldn’t manage the cost of treatment or a base standard consideration. The second purpose behind having low information was just 3% of the members were being treated by an endocrinologist, the reason being Gujarat having exceptionally less number of endocrinologists with not in any case one in the Government medical clinic making it hard for the poor to manage the cost of the private organizations. Third and the most significant factor was the low degree of instruction where just 10% of them were graduates and 37% of the members were totally proficient. The examination likewise demonstrates the frame of mind towards diabetes among the members where it was discovered that the members accepted that they are totally in charge of their own wellbeing showing that whenever persuaded and given instruction about diabetes they would roll out essential improvements in their way of life. A Cross-sectional examination that utilized the learning, demeanor and practice (KAP) survey among the out patients in Nepal uncovered that the information, mentality and practice level of the members were low (Gul, 2010; Upadhyay, Palaian, Shankar, Mishra, and Pokhara, 2008). Supporting this examination another ongoing investigation including youthful (31-40 years) diabetic Saudi ladies additionally revealed poor KAP scores (Saadia, Rushdi, Alsheha, Saeed, and Rajab, 2010). Another investigation done in Malaysia announced that diabetic patients in an essential consideration focus had great learning and better frame of mind towards the consideration of their own ailment (Ranjini, Subashini, Ling HM, 2003). Some examination articles uncovered that diabetic patients have satisfactory learning and have uplifting frame of mind towards their condition and that there is no connection between the KAP and genuine control of Diabetes Mellitus (Ng, Chan, Lian, Chuah, and Noora, 2012). An examination that was directed by Kheir, Greer, Yousif, Geed and Okkah (2011) assessed the learning, disposition, practice (KAP) and mental status of grown-up Qatari patients with sort 2 diabetes mellitus to think about the job of these components on the capacity of the patients to deal with their diabetes and to accomplish attractive wellbeing results. It was discovered that there were huge contrasts in the demeanor and information between instructive levels. The investigation inferred that giving instruction and other help projects to diabetics could be increasingly viable if the KAP of the patients are comprehended before directing such projects. An investigation which was done in United Arab Emirates to discover the KAP in diabetic patients uncovered poor information among the members. It was discovered that most of patients (72%) had a negative frame of mind towards having diabetes. Nonetheless, just 6% communicated a ‘negative disposition’ towards the significance of DM care. The outcomes likewise demonstrated barely noteworthy relationship between the training score and level of instruction, conjugal status, method of analysis, span of ailment, insulin use and recurrence of seeing diabetes teacher (Al-Maskari El-Sadig, Al-Kaabi, Afandi, Nagelkerke, and Yeatts, 2013). Another examination showed that in spite of the fact that the learning levels(56.14% of the respondents scored 100% in information related inquiries) among our investigation members are high, the degrees of frames of mind (17.5% scored above half) and practice (15.78% scored 100%) are lower than attractive (Saadia, Rushdi, Alsheha, Saeed, and Rajab, 2010). Indicators of Alternative Approaches Different indicators have been found to assume a job in a person’s conduct to participate in elective methodologies. The investigations beneath illuminates the ongoing exploration that has been done around there. The statistic factor was not observed to be a critical indicator of CAM utilization which included age ( Nilsson, Trehn, and Asplund, 2001; Singh, Raidoo, and Harries, 2004). An examination directed by Mehrotra, Bajaj and Kumar (2004) demonstrates that age was not fundamentally related (p>0.1) with use of integral and elective medication. Though, in actuality age was identified with the utilization of elective methodologies (Chang, Wallis, and Tiralongo, 2007; Ogbera, Dada, Adeleye, and Jewo, 2010). Adding to this, look into directed by Hasan, Ahmed, Bukhari and Loon (2009) showed that factors, for example, age gatherings (over 50 years ), those in the 25-multi year age gathering (Metcalfe, Williams, Mc Chesney, Patten, and Jetté, 2010), middle age (Bishop, and Lewith, 2010; Ernst, 2000; Pirotta, Cohen, Kotsirilos, and Farish, 2000) that is 46â60 years (Lee, Charn, Chew, and Ng, 2004) added to the use of corresponding and elective meds. Discoveries from the 2007 National Health Interview Survey ladies uncover that moderately aged men answered to utilize corresponding and elective drug more than more youthful or more established people. Larger amounts of training were related with higher rates of utilization. Predominance rates of utilization for each sort of integral and elective prescription essentially expanded with a person’s pay (Upchurch, and Rainisch, 2013). As indicated by Singh et al. (2004) level of instruction and salary (Mehrotra et al., 2004) were appeared at impact the utilization of Complementary and elective medication then again rather than their discoveries training level (Bishop, and Lewith, 2010; Ernst, 2000; Foltz et al., 2005; Harris, and Rees, 2000; Hasan, Ahmed, Bukhari, and Loon, 2009; McFarland, Bigelow, Zani, Newsom, and Kaplan, 2002; Metcalfe et al., 2010; Millar, 2001; Nilsson et al., 2001; Ogbera et al., 2010; Park, 2005; Wiles, and Rosenberg, 2001) and Income (Foltz et al., 2005; Hasan et al., 2009; MacLennan, Myers, and Taylor, 2006; Metcalfe et al., 2010; Park, 2005., Singh et al., 2004, Thomas, Nicholl, and Coleman, 2001; Wiles, and R>