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Essay on Contract of Employment
Contract of Employment A contract of employment is an agreement that is between the employer
and the employee, by having the employer offer the employee work to do a particular job and
agrees to work for the employer in return for wages. An employer would provide a contract to make
sure the employee understands what is required of them, if so they should sign the contract. In doing
this, the employee agrees only to do the jobs stated in the contract. 'In Breach of Contract' breaking
your contract even though the employee has signed and agreed to the content within the contract. It
is important for an employee to sign a contract to show they understand what is required of them and
...show more content...
RETIREMNET AGE When retiring the employee will have to leave on their 65th birthday or
slightly earlier if West Ham and the employee have to some arrangement to retire early or even to
carry on working past their retirement age. IF YOU WANT TO LEAVE BEFORE YOU RETIRE
If you want to leave West Ham before your retirement the employee will have to give a weeks or a
months notice depending on how long the employee has worked for West Ham. IF WE WANT
YOU TO LEAVE If an employee is guilty of misconduct, West Ham will give you a weeks notice
if you have worked at West Ham for more than two years (West Ham will give the employee a
weeks notice for how many years an employer has worked for them), if you have worked at West
Ham for less than a month West Ham does not have to give you any notice. YOUR JOB The
employer will have to work as what ever their job title maybe, for example if they was a manager
that would be their job role and title of their job. West Ham may move to another place or may
send the employer somewhere else to work if they need to. OVERSEAS WORK If you are to work
outside the UK it will not be any longer than one month. If you do work in another country for longer
than one month then the employer
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Essay on Contracts
Contracts A contract is formed between two or more parties. In order for a contract to be legally
binding there must be offer and acceptance. This simple basis for a contract is not as clear cut as
it first appears. In certain circumstances it is often necessary for the two parties to the contract to
communicate via post or by other indirect means. This practise gives rise to the problem of whether
an acceptance is given when it is posted or when it is received....show more content...
telephone or face to face). The postal rule is in place to deal with a problem caused by the
circumstance of postal or 'long distance' contractual agreements. The case of Entores Ltd v Miles
Far East Corporation[2] is an important case when considering the postal rule and its application.
The dictum of Denning L.J suggests two important facts; firstly, a contract made by post is
complete as soon as the letter of acceptance is put in the post box. Secondly, the communication of
acceptance by means which are "virtually instantaneous" is distinguishable and must "stand on a
different footing"[3]. Several examples of circumstances are given by Lord Justice Denning in his
ruling. He gives the telex example in which it is clear that if the acceptance is not communicated
due to intervening circumstances then it is the duty of the party accepting the offer to ensure that
there is acceptance is properly received. Only if A believes his acceptance has been received and
it has not, due to a problem at the offeror's end is the offeror bound. It is his own fault and he will
be estopped from claiming he did not receive the message. One important point to consider when
discussing email communication is the fact that it is often the case that emails are not received
instantaneously. It can sometimes be the case that a message sent via email can take hours and
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Essay about A Contract
A Contract Beatson, in Anson's Law of contract, defines a contract as 'A legally binding agreement
made between two or more persons, by which rights are acquired by one or more to acts or
forbearances on the part of the other or others.'[1] In simpler terms a contract is an agreement made
between two or more parties who intend that the agreement will be legally binding. The essential
elements of a contract are, offer, acceptance, intention to create legal relations, capacity, form and
legality.
For a contract to be valid there must be an agreement and an offer between the two parties
In...show more content...
Julia reply's that the item is not a sale item and she refuses to sell the item to roger for ВЈ25.
The sign displayed was an 'invitation to treat', were Lord Parker stated:
'It is clear according to the ordinary law of contract that the display of an article with a price on it
in a shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of
which constitutes a contract.'[2]
In the above case for a contract to take place there must be an offer and an acceptance. It is clear
that Electrical World was not making the offer, where customers have been invited to make offers,
an invitation to treat. It is obvious that the sign Roger saw, which stated 'last few sale items all ВЈ25
or less' was an invitation to treat. It is clear in the case that Roger was making the offer by taking the
item to the counter, with an intention to pay ВЈ25, so Roger made an offer as he took the item to
the counter, so Roger is the offeree. And the sale assistance Julia is the offeror on behalf of
Electrical World.
Julia made a counter offer[3] by destroying Rogers offer. Julia destroyed the offer when she
requested ВЈ75, and Roger refused to pay. This rejection was in the response of a different price,
instead of the price that Roger
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Contract Law
Issue "The mere existence of the core elements of offer, acceptance, and consideration will not
guarantee a legally enforceable contract". Discuss. A contract is an agreement which normally
consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus
between two or more parties with the intention to create a legally enforceable binding contract.
Therefore in this essay, the four core elements needed for the formation of a contract such as offer,
acceptance, and consideration and intention to create legal relations will be discussed briefly. Offer
An offer is a proposal whereby the parties are willing to contract on a specific set of terms, made by
the offeror with the intention that, if the...show more content...
The case regarding the nature of such consideration is Chappell v Nestle which expressed the
view that a 'peppercorn ' could constitute valuable consideration if stipulated by the promisor, even
if the promisor was not fond of peppers and would discard the corn. Past consideration is not good
consideration as consideration must come into existence either with or after the promise. Where
the stipulated consideration predates the promise, it will not be considered good consideration.
Therefore in, Roscola v Thomas [1842], the promise was not binding because the only
"consideration" provided for a promise about the soundness of a horse was entering into the
original contract which had occurred before the promise was made. 'Existing Public Duty' is one
situation where no consideration occurs when the promisee is already under a public duty to
perform an act and the same act is purported consideration. In Glassbrook Bros Ltd v. Glamorgan
County Council [1925], the police were providing protection over and above what is considered
legally effective and therefore due to the sufficient consideration the mine owners should honour
their promise of payments. The next situation for insufficient consideration where there is no
detriment would be 'Repeating an existing duty owed to the promisor'. In Stilk v Myrick [1809], the
remaining crew of sailors did what they were contractually required to do and therefore there was no
consideration for the
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Contracts Essay
Contracts
A contract is an agreement that is enforceable by law. Modern business could not exist without such
contracts. Most business transactions involve commitments to furnish goods, services, or real
property; these commitments are usually in the form of contracts.
Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for
a party that breaks a contract may be sued in court for the damages caused by the breach.
Sometimes, however, a party that breaks a contract may be persuaded to make an out–of–court
settlement, thus saving the expense of legal proceedings.
A contract arises when an offer to make a contract is accepted. An offer contains a promise (for
example, "I will pay...show more content...
Although each party must extend consideration to the other in order to form a contract, the value of
the consideration need not be equal. Determining how good a bargain is becomes the responsibility
of the parties involved. Otherwise, the courts would be in the impossible position of having to
appraise the relative value of millions of promises made every year.
Competence
For a contract to be enforceable it must be between competent parties. A contract with a person who
has been adjudicated insane is likely to be declared void. A contract involving a minor––in most
states of the United States a minor is now a person under 18––may be enforced or voided by the
minor, unless the contract is for necessities such as food, lodging, or medical services, in which
case he or she may be held responsible for the reasonable value of what was purchased. Persons
suffering from a disability such as intoxication from drugs or liquor, or insane persons not
adjudicated insane, usually may void a contract if the other party knows or should have known of
the disability and if the consideration received is returnable.
Legality
The last requirement of a valid contract is that its provisions be legal. If a purported contract
requires an illegal act, the result is a void contract.
Parties to an illegal contract have no standing in court. If one party receives money or property
under an illegal contract, the other may not sue to recover what was paid under the contract. Not
only are
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construction contract Essays
CPCCBC4003A Select and Prepare a Construction Contract Marking Comments Assignment 1 An
excellent submission, Welcome to this subject, a good start to this subject with this first
assignment. My name is Cliff McSorley; I will be marking your assignments for this subject. Part
1 Good analysis and detailed response to both parts of this question. This is quite a problematic
question, it would be something you would most likely do with the assistance of a solicitor,
however you do need to be aware that changes to a contract is a difficult task and in my opinion
always stick with the tried and tested standard contacts. Contracts provided by industry association
have been tried and tested in the courts over many years and...show more content...
This time line would judge as what a reasonable time frame for carrying out a job would be. This
would be judged on a job by job basis and things like the detail, materials, ease of access and size
of the work would all need to be taken into account. The contractor was seen to be progressing the
job at a reasonable rate in respect to his resources (eg. size of the company) throughout the
construction process, failure to do so would be consider to be a substantial breach of contract. e) in
respect of clause **, knowingly providing documentary evidence containing an untrue statement.
Well answered. Part 3 1) Recommend two (2) different types of contracts for the following types of
projects 2) Two well selected contracts, for each project. 3) Using your recommendations above
propose what contract would you use and give reasons why for the following projects also identify
statutory and legislative requirements of using these contracts. Excellent choice and discussion
again with very good explanations on why you have chosen each contract and details of statutory and
legislative requirements included to further justify your decisions 4) Describe the process of creating
a contractual situation from the point of submitting a Tender to signing a contract and identify each
step using construction terminology. For each step also identify using the legal terminology. Well
stepped through with good details on legal terminology. An
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Essay about Contract Law
Contract Law A contract, by definition, is an agreement by two or more parties, which is intended to
be legally binding and supported by consideration. All contracts must have these three elements
present for it to qualify as a proper contract in the eyes of the law: offer and acceptance,
consideration, and intent to create legal relations. First, we will examine the first part of what
constitutes a contract, the offer and acceptance. An offer is a statement said from the offeror to the
offeree stating that he would like to formulate a contract between the two parties. The offer must
include something specific, and which has value, either monetary or otherwise between the parties.
An offer must...show more content...
An agreement is not enforceable unless the parties intended it to be legally binding. For contracts
to be binding, they must adhere to this rule. This is because contracts are very serious business,
and one must not go into them fool heartedly. There are however presumptions regarding this
element. First, it is understood that domestic agreements cannot have intent to create legal
relations, unless expressively said. Families are an institution and they must be kept sacred and
not be bothered with the legalities of court proceedings. There are however some exceptions to
this rule. For instance, the case of Merritt vs. Merritt shows that there could be intention if both
parties expressively showed it. Since the husband signed the paper that contained the terms of the
contract, this was deemed to be legal, and thus a contract between the two was formed. This was
done when the husband signed the paper promising what he had said. It is also understood that in a
commercial agreement, the intent is automatic. This is evident in the case of Carlill vs. Carbolic
Smoke Ball Co. In an advertisement, Carbolic Smoke Ball Co. stated that if anyone caught the
common cold after buy and using the smoke balls as directed, they would give 100 £. The
company then deposited 1,000 £ in a bank to show their seriousness. Carlill used the product and
was not cured, then sued the company. The company's
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Social Contract
Yes & No:
An agreement a pond the Social Contract
Lets began this essay with a little review from what we learned from Philosophy. The Social
Contract is an model agreement upon members in a certain society which they live by. For an
example is laws. If we didn't have any laws, the world would be all chaos. So we all "sign" a social
contract that we will obey the law. Ones who do not obey the law will get punished by the
government weather it's a warning or jail time, you will get punished.
Now that we understand the social contract a little better, lets get into what I think and believe. As
a young girl, I was told to follow the rules by my father, who owns his own contraction company,
and a mother, who has a career for working for the government (which I cannot get into detail).
Growing up they always said "Don't trust anybody" and I thought to myself, how could this be
possible when I live in a society with doctors, nurses, firemen, and policemen that want to help
me? As I got older I started to understand. Not everybody wants to be your friend. Times like this it
is tough trying to be an educated black woman when people are trying to bring you down because
the color of your skin. To answer the question of...show more content...
I don't even know what he actually did to help the rate go down, but he deserve another term just
because of that. We will soon live in fear once we have Trump as a president. Not everybody will
love the president that we get to choose. They might hate them or just fear what is going to happen
while they are in term. For an example, Donald Trump will soon be the President Of the United
States in January. Every since he one the election, there has been a lot of riots by angry people
who all agrees that he will not become a great president. They are in fear. I am in fear. Not
everybody consent to him to become president but everything depending on the number of
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Essay On Contracts

  • 1. Essay on Contract of Employment Contract of Employment A contract of employment is an agreement that is between the employer and the employee, by having the employer offer the employee work to do a particular job and agrees to work for the employer in return for wages. An employer would provide a contract to make sure the employee understands what is required of them, if so they should sign the contract. In doing this, the employee agrees only to do the jobs stated in the contract. 'In Breach of Contract' breaking your contract even though the employee has signed and agreed to the content within the contract. It is important for an employee to sign a contract to show they understand what is required of them and ...show more content... RETIREMNET AGE When retiring the employee will have to leave on their 65th birthday or slightly earlier if West Ham and the employee have to some arrangement to retire early or even to carry on working past their retirement age. IF YOU WANT TO LEAVE BEFORE YOU RETIRE If you want to leave West Ham before your retirement the employee will have to give a weeks or a months notice depending on how long the employee has worked for West Ham. IF WE WANT YOU TO LEAVE If an employee is guilty of misconduct, West Ham will give you a weeks notice if you have worked at West Ham for more than two years (West Ham will give the employee a weeks notice for how many years an employer has worked for them), if you have worked at West Ham for less than a month West Ham does not have to give you any notice. YOUR JOB The employer will have to work as what ever their job title maybe, for example if they was a manager that would be their job role and title of their job. West Ham may move to another place or may send the employer somewhere else to work if they need to. OVERSEAS WORK If you are to work outside the UK it will not be any longer than one month. If you do work in another country for longer than one month then the employer Get more content on HelpWriting.net
  • 2. Essay on Contracts Contracts A contract is formed between two or more parties. In order for a contract to be legally binding there must be offer and acceptance. This simple basis for a contract is not as clear cut as it first appears. In certain circumstances it is often necessary for the two parties to the contract to communicate via post or by other indirect means. This practise gives rise to the problem of whether an acceptance is given when it is posted or when it is received....show more content... telephone or face to face). The postal rule is in place to deal with a problem caused by the circumstance of postal or 'long distance' contractual agreements. The case of Entores Ltd v Miles Far East Corporation[2] is an important case when considering the postal rule and its application. The dictum of Denning L.J suggests two important facts; firstly, a contract made by post is complete as soon as the letter of acceptance is put in the post box. Secondly, the communication of acceptance by means which are "virtually instantaneous" is distinguishable and must "stand on a different footing"[3]. Several examples of circumstances are given by Lord Justice Denning in his ruling. He gives the telex example in which it is clear that if the acceptance is not communicated due to intervening circumstances then it is the duty of the party accepting the offer to ensure that there is acceptance is properly received. Only if A believes his acceptance has been received and it has not, due to a problem at the offeror's end is the offeror bound. It is his own fault and he will be estopped from claiming he did not receive the message. One important point to consider when discussing email communication is the fact that it is often the case that emails are not received instantaneously. It can sometimes be the case that a message sent via email can take hours and Get more content on HelpWriting.net
  • 3. Essay about A Contract A Contract Beatson, in Anson's Law of contract, defines a contract as 'A legally binding agreement made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others.'[1] In simpler terms a contract is an agreement made between two or more parties who intend that the agreement will be legally binding. The essential elements of a contract are, offer, acceptance, intention to create legal relations, capacity, form and legality. For a contract to be valid there must be an agreement and an offer between the two parties In...show more content... Julia reply's that the item is not a sale item and she refuses to sell the item to roger for ВЈ25. The sign displayed was an 'invitation to treat', were Lord Parker stated: 'It is clear according to the ordinary law of contract that the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of which constitutes a contract.'[2] In the above case for a contract to take place there must be an offer and an acceptance. It is clear that Electrical World was not making the offer, where customers have been invited to make offers, an invitation to treat. It is obvious that the sign Roger saw, which stated 'last few sale items all ВЈ25 or less' was an invitation to treat. It is clear in the case that Roger was making the offer by taking the item to the counter, with an intention to pay ВЈ25, so Roger made an offer as he took the item to the counter, so Roger is the offeree. And the sale assistance Julia is the offeror on behalf of Electrical World. Julia made a counter offer[3] by destroying Rogers offer. Julia destroyed the offer when she requested ВЈ75, and Roger refused to pay. This rejection was in the response of a different price, instead of the price that Roger Get more content on HelpWriting.net
  • 4. Contract Law Issue "The mere existence of the core elements of offer, acceptance, and consideration will not guarantee a legally enforceable contract". Discuss. A contract is an agreement which normally consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance, and consideration and intention to create legal relations will be discussed briefly. Offer An offer is a proposal whereby the parties are willing to contract on a specific set of terms, made by the offeror with the intention that, if the...show more content... The case regarding the nature of such consideration is Chappell v Nestle which expressed the view that a 'peppercorn ' could constitute valuable consideration if stipulated by the promisor, even if the promisor was not fond of peppers and would discard the corn. Past consideration is not good consideration as consideration must come into existence either with or after the promise. Where the stipulated consideration predates the promise, it will not be considered good consideration. Therefore in, Roscola v Thomas [1842], the promise was not binding because the only "consideration" provided for a promise about the soundness of a horse was entering into the original contract which had occurred before the promise was made. 'Existing Public Duty' is one situation where no consideration occurs when the promisee is already under a public duty to perform an act and the same act is purported consideration. In Glassbrook Bros Ltd v. Glamorgan County Council [1925], the police were providing protection over and above what is considered legally effective and therefore due to the sufficient consideration the mine owners should honour their promise of payments. The next situation for insufficient consideration where there is no detriment would be 'Repeating an existing duty owed to the promisor'. In Stilk v Myrick [1809], the remaining crew of sailors did what they were contractually required to do and therefore there was no consideration for the Get more content on HelpWriting.net
  • 5. Contracts Essay Contracts A contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts. Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court for the damages caused by the breach. Sometimes, however, a party that breaks a contract may be persuaded to make an out–of–court settlement, thus saving the expense of legal proceedings. A contract arises when an offer to make a contract is accepted. An offer contains a promise (for example, "I will pay...show more content... Although each party must extend consideration to the other in order to form a contract, the value of the consideration need not be equal. Determining how good a bargain is becomes the responsibility of the parties involved. Otherwise, the courts would be in the impossible position of having to appraise the relative value of millions of promises made every year. Competence For a contract to be enforceable it must be between competent parties. A contract with a person who has been adjudicated insane is likely to be declared void. A contract involving a minor––in most states of the United States a minor is now a person under 18––may be enforced or voided by the minor, unless the contract is for necessities such as food, lodging, or medical services, in which case he or she may be held responsible for the reasonable value of what was purchased. Persons suffering from a disability such as intoxication from drugs or liquor, or insane persons not adjudicated insane, usually may void a contract if the other party knows or should have known of the disability and if the consideration received is returnable. Legality The last requirement of a valid contract is that its provisions be legal. If a purported contract requires an illegal act, the result is a void contract. Parties to an illegal contract have no standing in court. If one party receives money or property under an illegal contract, the other may not sue to recover what was paid under the contract. Not only are Get more content on HelpWriting.net
  • 6. construction contract Essays CPCCBC4003A Select and Prepare a Construction Contract Marking Comments Assignment 1 An excellent submission, Welcome to this subject, a good start to this subject with this first assignment. My name is Cliff McSorley; I will be marking your assignments for this subject. Part 1 Good analysis and detailed response to both parts of this question. This is quite a problematic question, it would be something you would most likely do with the assistance of a solicitor, however you do need to be aware that changes to a contract is a difficult task and in my opinion always stick with the tried and tested standard contacts. Contracts provided by industry association have been tried and tested in the courts over many years and...show more content... This time line would judge as what a reasonable time frame for carrying out a job would be. This would be judged on a job by job basis and things like the detail, materials, ease of access and size of the work would all need to be taken into account. The contractor was seen to be progressing the job at a reasonable rate in respect to his resources (eg. size of the company) throughout the construction process, failure to do so would be consider to be a substantial breach of contract. e) in respect of clause **, knowingly providing documentary evidence containing an untrue statement. Well answered. Part 3 1) Recommend two (2) different types of contracts for the following types of projects 2) Two well selected contracts, for each project. 3) Using your recommendations above propose what contract would you use and give reasons why for the following projects also identify statutory and legislative requirements of using these contracts. Excellent choice and discussion again with very good explanations on why you have chosen each contract and details of statutory and legislative requirements included to further justify your decisions 4) Describe the process of creating a contractual situation from the point of submitting a Tender to signing a contract and identify each step using construction terminology. For each step also identify using the legal terminology. Well stepped through with good details on legal terminology. An Get more content on HelpWriting.net
  • 7. Essay about Contract Law Contract Law A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration. All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration, and intent to create legal relations. First, we will examine the first part of what constitutes a contract, the offer and acceptance. An offer is a statement said from the offeror to the offeree stating that he would like to formulate a contract between the two parties. The offer must include something specific, and which has value, either monetary or otherwise between the parties. An offer must...show more content... An agreement is not enforceable unless the parties intended it to be legally binding. For contracts to be binding, they must adhere to this rule. This is because contracts are very serious business, and one must not go into them fool heartedly. There are however presumptions regarding this element. First, it is understood that domestic agreements cannot have intent to create legal relations, unless expressively said. Families are an institution and they must be kept sacred and not be bothered with the legalities of court proceedings. There are however some exceptions to this rule. For instance, the case of Merritt vs. Merritt shows that there could be intention if both parties expressively showed it. Since the husband signed the paper that contained the terms of the contract, this was deemed to be legal, and thus a contract between the two was formed. This was done when the husband signed the paper promising what he had said. It is also understood that in a commercial agreement, the intent is automatic. This is evident in the case of Carlill vs. Carbolic Smoke Ball Co. In an advertisement, Carbolic Smoke Ball Co. stated that if anyone caught the common cold after buy and using the smoke balls as directed, they would give 100 £. The company then deposited 1,000 £ in a bank to show their seriousness. Carlill used the product and was not cured, then sued the company. The company's Get more content on HelpWriting.net
  • 8. Social Contract Yes & No: An agreement a pond the Social Contract Lets began this essay with a little review from what we learned from Philosophy. The Social Contract is an model agreement upon members in a certain society which they live by. For an example is laws. If we didn't have any laws, the world would be all chaos. So we all "sign" a social contract that we will obey the law. Ones who do not obey the law will get punished by the government weather it's a warning or jail time, you will get punished. Now that we understand the social contract a little better, lets get into what I think and believe. As a young girl, I was told to follow the rules by my father, who owns his own contraction company, and a mother, who has a career for working for the government (which I cannot get into detail). Growing up they always said "Don't trust anybody" and I thought to myself, how could this be possible when I live in a society with doctors, nurses, firemen, and policemen that want to help me? As I got older I started to understand. Not everybody wants to be your friend. Times like this it is tough trying to be an educated black woman when people are trying to bring you down because the color of your skin. To answer the question of...show more content... I don't even know what he actually did to help the rate go down, but he deserve another term just because of that. We will soon live in fear once we have Trump as a president. Not everybody will love the president that we get to choose. They might hate them or just fear what is going to happen while they are in term. For an example, Donald Trump will soon be the President Of the United States in January. Every since he one the election, there has been a lot of riots by angry people who all agrees that he will not become a great president. They are in fear. I am in fear. Not everybody consent to him to become president but everything depending on the number of Get more content on HelpWriting.net