Segmentation and Targeting Term Paper Example | Topics and Well Written Essays - 1000 words

Segmentation and Targeting - Term Paper Example A Rolex customer is a person that is accustomed to buying luxury items. A lot of Rolex watches have target market of people that are millionaires (Rolexforums, 2011). (2) How does the choice of target market influence the company's pricing and promotion (from what you know so far)? The target market of Timex of targeting people of all ages is achieved by the firm’s pricing strategy of selling watches at the low end of the market. Most Timex watches are sold at a price point between $25 and $50. Timex utilizes various promotional strategies to increase the sales of the firm. Some of the stunts include the use of customized watches for incentive awards, sales incentives, corporate promotions, business gifts, safety programs, and recognition awards (Timex, 2011). The retailer that sell Timex watches on many occasions sell the watches on special since the target customer of Timex watches are price sensitive. The demand of products that are priced low goes up by further decreasing the price of the product. The Rolex uses different promotional strategies to attract customers. The use of celebrities sponsoring the product can help increase the appeal of the product. Rolex watches are sold at jewelry stores and in luxury department stores. There is a lot of competition in the luxury watch marketplace and many online vendors offer attractive discounts off the retail price to persuade people to buy Rolex products. For instance Melrose Jewelers is currently offering the Presidential Rolex at $9,825 (Melrose Jewelers, 2011). This price is 36% below retail price. (3) Now imagine one of the companies you chose wants to introduce a new target market. For instance, suppose Hilton or Four Seasons wanted to offer a budget option for the target market sought by Motel 6. How would this strategy affect consumer perceptions? Rolex could introduce a cheap version of its watches to attract the younger demographic between the ages of 18-25 years of age. The new product could att ract a lot of new customers and the sales of that product might be excellent. The problem with that strategy is that it can dilute the brand name of the company. The wealthy people that are accustomed to the prestige of owning a Rolex will not be very happy with the masses buying cheap Rolexes sold at hundreds of dollar a piece instead of thousands. The company could lose a lot of customers that are enabling the firm to make a nice profit margin from each unit sold. The second scenario involves Timex introducing an expensive model to target a different segment. A good way to achieve such a strategy is by including implicit value in the construction of the watch such building the watch with some or all its parts in gold. I think adding a line of luxury watches would be beneficial for the company. (4) Do you think these customers will be influenced by changes in the economy? Why or why not? Timex is better suited to accept negative changes in the economy than Rolex. Timex sells a chea p product. During bad economic times people look for bargains. Many users of mid level brands might switch to cheap brands such as Timex to serve their watch needs. During good economic times the Timex brand will do better, but the firm might lose a portion of its recurrent customers who might switch to more expensive brands because they can afford them now. The low price point of Timex makes the watch an excellent gift and during good economic times people are more generous. A Rolex is a luxury item. Luxury items do not have good sales during bad economic

Walmart Comparitive Strategy Essay Example for Free

Walmart Comparitive Strategy Essay This paper looks at Wal-Mart Stores as the subject of study. This large United States based organization is recognized as the world’s leading retailer and has extensive global operational influence. Wal-Mart has been the object of much research, both by economists, trade organizations and scholars. This company has evolved from very humble beginnings to establishing itself as an ‘economic power’ in its own right. Wal-Mart opened its first store in 1962, in Rogers, Arkansas, based on its founder, Sam Waltons experience in the retailing sector during the 1950s, and a study he conducted prior to opening his first store. In 1972, the Wal-Mart stock was offered on the New York Stock Exchange which led to significant capitalization and growth. During the 1980s, Wal-Mart experienced rapid growth opening Sam’s Club members-warehouse stores and later Supercentres. A recent corporate press release sums up its current status, Today, 10,185 stores and club locations in 27 countries employ 2.2 million associates, serving more than 176 million customers a year† (Wal-Mart Corporate, 2012, p. 1). Understanding the Wal-Mart business model Wal-Mart’s position as the world’s No. 1 retailer inevitably invites strong competition worldwide. This in turn has strengthened this organization’s resolve to maintain their position by utilizing multiple strategies in order to maintain competitive advantage. One of their strategies has incorporated the ability to form relationships or partnerships not only in the United States, but also within the international environment. In order to implement its overseas representation, Wal-Mart has embarked on an expansion program, seeking to maintain both growth and profitability. Its primary methodology in securing partnerships with large overseas retail operations has been primarily by the acquisition of majority shareholdings. Much research has been conducted regarding the viability of acquisition and potential problems inherent within this corporate growth strategy. Effort is directed within this study to ascertain the long term viability of Wal-Mart’s implementation of modern economic principles. This analysis is conducted regarding opinions derived from researched sources either favoring the implementation of trade and comparative advantage utilizing the acquisition mechanism or perhaps the employment of less opportunistic methods. Moreover, the issue of costs and profit maximization will be evaluated relating to the Wal-Mart model in order to establish strategies that can be utilized in order to achieve optimal efficiency. However, there are conflicting viewpoints regarding the best methodology needed to enable such efficiency. Finally, attention is directed at the consumers’ choice, and how it is directed and influenced by strategies implemented within the Wal-Mart corporate business mod el. Competing viewpoints In evaluating trade and comparative advantage via the acquisition trail, Hayward (2002) suggests that multinationals tend to invest in overseas start-ups rather than acquiring existing overseas operations. His argument is based on the premise that for an organization’s planned entry into a foreign market, expertise derived from a multinational’s existing operational and marketing experience is more relevant to overseas market entry than the benefits derived from acquisition. However, he concedes that expansion by acquisition can be enabled by investing in existing overseas operations which have a similar corporate product and management function, or by acquiring a more diverse though related business model, which will allow for market changes to be factored into any risk analysis. Hayward and other sources are accessed, so as to provide a balanced viewpoint of an organization such as Wal-Mart; regarding its choice of acquisition strategy and its effectiveness in achievi ng growth and profitability. Costs and profit maximization is also looked at by enabling research into previously conducted studies. Wal-Mart has exploited costs and profit strategies by utilizing and capitalizing on its ability to offer products at rock bottom prices due to its enormous buying power and also committing suppliers worldwide contractually to price and cost control agreements. This has enabled this organization to take advantage of the economic environment in the U.S. and elsewhere within countries in which it has operations. This advantage leverages its buying power, allowing it to offer the ‘best deal’ by focusing on product costs and potential higher volume of sales; thereby maximizing its ability to impact global retail markets. Jones and Hill (1988, p. 160) maintain that a transaction requiring cost can be more effectively enabled if facilitated within the organization’s corporate infrastructure or â€Å"internalizing†, rather than by enabling such transactions within the marketplace. This paper looks at how Wal-Mart internalized its ability to control costs by facilitating a diversity of acquisitions within overseas markets. Apposing Jones and Hill’s (1988) findings, Denis, Denis and Sarin (1997, p. 135) point to studies which suggest that the â€Å"cost of diversification outweigh the benefits†. This paper seeks to establish more definitively the viability of costs and profit maximization via the acquisition methodology within the Wal-Mart corporate business model. Further attention will also be directed at ‘consumer choice’ and how it is impacted by costs and profit strategies incorporated within Wal-Mart’s operational function. Key to this organization’s diversification strategy has been its ability to supply and meet consumer expectations worldwide. According to research conducted in 1985, it was noted that consumers’ choice was driven by three variable buying habits (Quigley, 1985). Firstly, the consumer tends to select one choice when looking at a product even when offered many alternatives. Secondly, products on offer to the consumer are endowed with a large range of options and variety. Finally, the issue of price is a consideration that needs to be factored into the consumers’ expectations. Countering Quigley (1985), another source points to evidence suggesting that consumer participation is achieved not only by ‘price information’, but also by providing â€Å"non-price information† (Degeratu, Rangaswamy Wu, 1999, p. 8). Here their hypothesis maintains that allowing the consumer too much choice can compromise the consumer’s long term participation as a loyal customer. This tends to counter Quigley’s point of view, from which in part he suggests that the consumer is motivated by a ‘large range’ or variety of choice. Furthermore, Degeratu et al. (1999) argues that establishing consumers’ personal preferences enable choice to be restricted and issues such as price to be focused on specific product choices. This in turn allows the ability to negate competitors’ influence by diverting the consumers’ attention from a wide choice to a product personalized to include aspects such as price and brand. One of Wal -Mart’s key marketing strategies is to attract the consumer by the offering of ‘rock-bottom’ priced consumables. This paper endeavors to establish what really drives and captures consumer choice, with further attention allocated to further research sources in order to establish why Wal-Mart focus so much marketing attention on product price . Anticipated Evidence This study acknowledges that evidence from research offers numerous validated opinions related to the abovementioned trade and comparative advantage, costs and profit maximization and consumer choice. Based on evidence obtained relating to Wal-Mart’s growth and profitability, effort will be focused on accessing credible information from further sources that validates this organization’s decision to implement acquisition strategies that are both strategically sound and beneficial to both the supplier and consumer alike. Moreover, attention will be directed towards obtaining information and data that promotes Wal-Mart’s costs and profit maximization via strategies including the combining and internalizing of available resources. Customer choice will be further investigated so as to establish how this organization was enabled to achieve marketplace leadership by focusing on primarily on consumers’ expectations of price, whilst factoring in important considerations relating to brand and quality. While directing effort into the sourcing process, recognition will be given to the diversity of sources available, with viewpoints garnered from those sources perhaps not directly connected with economics or the retail industry. Additional Information Due to the significance of Wal-Mart’s dominant position within the international retail industry, consideration will be directed at additional factors that may be relevant to its growth and profitability. One factor that perhaps deserves some further researched evidence relates to overall management of costs, not only directly related to products (for resale), but also concerning the cost control of issues such as money transfer, exchange rate mechanisms and entry into overseas markets that is exposed to risks presented by cultural diversity and local traditions. Accessing these and other (perhaps secondary factors), may indeed shed light on this paper’s primary objective which is to establish how trade and comparative advantage, costs and profit maximization and customer choice impact and influence Wal-Mart, based on the variety of information and opinion sourced. Discussion Overview: Three Economic Strategies. Attention is now directed to ascertaining the importance of establishing factors that influence the economic viability of the Wal-Mart business model; whilst acknowledging its consistent historical growth pattern enabling it to become the world’s leading retailer. As briefly mentioned earlier, this study looked at various factors contributing to its critical competitive advantages, leveraged in part by its ability to set up overseas operations by investing in acquisitions. Utilizing the acquisition methodology of growth has raised concerns by previous research regarding if acquisition is the preferred or most efficient way to facilitate growth objectives on an international scale. Moreover, mentioned was allocated earlier to Hayward’s (2002) claim, in which a multinational’s accumulated operational and marketing track record is more influential to successful overseas entry than by enabling the acquisition of another business operation. Further attention will be given later in this study regarding the viability of international growth via acquisition. This study has also verified the implementation of ‘costs and profit maximization’ by the Wal-Mart management structure; thereby allowing this organization to utilize growing financial resources in order to maintain its dominant position within the international retail marketplace. Such dominance was facilitated in part by leveraging its enormous organizational buying power on a global basis in order to extract the lowest product cost from suppliers; thereby increasing the possibility of a higher profit margin. In turn, creating the lowest possible cost retail product range for resale purposes, has allowed effort to be directed to ‘consumer choice’, as without the vital component of consumer participation, no business can enjoy financial longevity or long term sustainability. Perhaps it is important to understand that within the law of economics, comparative advantage is enabled by one competitor retaining the ability to produce a product and service at a lower cost than other competitors; thereby creating an ‘inequality’ of competitiveness. It may be argued that comparative advantage can be further exploited by acquiring competitors rather than engaging in an environment of conflict. This raises the question whether the investment needed to effect acquisition is more financially viable than by directing financial resources to combating potential competitors. Another consideration propagating the argument towards favoring an acquisition suggests that this corporate strategy enables the utilization of resources from a base of existing suppliers and consumers; whereas starting from scratch in an overseas marketplace requires significant resources being allocated to catching up to existing retailers’ marketplace penetration. Strategy based on the latter option may result not only in ‘over-investment’ or excessive capital expenditure, but also necessitating additional time to be allocated to effecting a market entry strategy. As has already been noted, previous research has varying viewpoints regarding which route is more financially effective and sustainable. Therefore, the thesis of this study will be to establish that acquisition, effective costs and profit maximization and targeted consumer choice are invariably linked and are perhaps the most effective economic way to enable growth and profitability, especially pertaining to a large corporate infrastructure such as Wal-Mart. This idea will be demonstrated utilizing the Wal-Mart operational business model, both from a historical point of view and also from its current operational function. Implementation Viability: Three Economic Strategies. As previously noted, this U.S. organization has exploited these three strategies by utilizing the existing infrastructure, consumer base, experience and local knowledge of the acquired company. This has been achieved whilst capitalizing on its own ability to introduce sophisticated management and operating systems, derived and developed both in the U.S. and via a number of worldwide partnerships enabling the procurement of products at rock-bottom prices. In addition, significant investment into hardware and software technology has enabled this organization access accurate data and information quickly and efficiently. Perhaps one of its greatest business strategies in developing comparative advantages was the planned penetration of overseas markets, which may not have been so exposed to such a high level of expertise as their Western counterparts. This expertise has been derived from exposure to the ongoing development of business systems and comprehensive utilization of human resources. Their expertise also incorporated a company and management culture that encouraged the promotion of talent, including enabling the availability of both in-house and external based training. Furthermore, another strategic development facilitating their competitive advantage was the penetration of the Asian marketplace, an area of the world which had not been impacted so severely as in Western markets since the onset of the global economic recession in 2008. Furthermore, due to Asia’s lesser exposure to debt and systemically faulted credit mechanisms, Wal-Mart was able to exploit its penetration of Asian markets due to a higher consumer demand; thereby leveraging their enormous internal buying power by trading with economies such as China and India, in order to facilitate growth and profitability. Overall its penetration of international markets has enjoyed remarkable success and is endowed with multiple opportunities. This fact is verified by a recent analysis of the Wal-Mart business model, â€Å"Over time, the international segment probably has the greatest opportunity to improve sales and operating margin† (Forbes.com, 2012, p. 1). Their strategy of sourcing cheap products by utilizing their enormous purchasing power has enabled this organization to pass on the benefits directly to the consumer, thus facilitating their ability as a leading international retail competitor to compete effectively against more established overseas retail chains. Therefore, due to a severe competitive environment in the United States, Wal-Mart will no doubt continue to take advantage of overseas markets, which may allow it to further utilize their sophisticated management and monetary control systems within an easier and less competitive operating environment. To date, this organization has implemented this advantage by employing a corporate culture incorporating in part, international expansion and penetration by means of acquisition. Furthermore, Wal-Mart further developed their advantage over competitors by employing sophisticated exchange control mechanisms that reduced their risk exposure to fluctuations of foreign currency. Th ey achieved this in part, by pricing their revenues and costs utilizing a strategy of securing a fixed or more stable exchange rate on which to base their costings and revenue forecasts. Whilst acknowledging their obvious success which was enabled in part by their strategic management planning gaining access into global markets, further study from previous research is now directed to the critical evaluation of alternative overseas market penetration strategies. In addition, focus into the feasibility and effectiveness of costs reduction and profit optimization is also included within this investigation. Inevitably this study will also factor in the enhanced ability of the consumer to enjoy options that allow both choice of product, and increased purchasing power due to rock-bottom product pricing. According to a study conducted into organizational fit and acquisition performance, it is argued that acquisitions are known to â€Å"have a high failure rate—nearly half of all acquisitions are rated as being unsatisfactory by managers of acquiring firms† (Datta, 1991, p. 281). It is also surprising to note that companies and organizations targeted by acquiring companies have an above average chance (over 50%) of experiencing a fall in profitability. According to Datta (1991), challenges posed by the corporate targets of acquisition include implementing and combining the operational functions of both the acquirer and the acquired. This is indeed challenging in overseas markets where cultural differences and corporate practices are perhaps significantly diverse in nature. However, balanced against this argument, Datta (1991) did not constructively conclude that the same profit related challenges are faced by acquiring companies. It can possibly be inferred from Datta’s (1991) study that the benefit of acquisition may be more weighted in favor of the company conducting an acquisition. Assuming that this company assumes a majority control over the acquired company’s infrastructure and operational function including an existing consumer base and marketplace penetration, further suggests that the trade and comparative advantage lies with an incoming organization such as Wal-Mart. Supporting this thesis in part, Dussauge, Garrette Mitchell (2000, p. 100) claim â€Å"that no one business can create all resources needed to prosper and grow†, however they continue to maintain that â€Å"collaboration† (p. 100) between competing companies allows each company to possess and leverage â€Å"complementary resources† (p. 100); thereby enabling the exploitation by both participating companies of opportunities within the marketplace. Dussauge et al. (2000, p. 100) further adds that such collaboration facilitates the ability to ensure â€Å"survival and growth†. However, this paper cautions that based on Datta’s (1991) research, such exploitation may be more beneficial to the incoming acquiring company. Attention is now focused on the economic aspects regarding the maximization of profits and minimizing costs. Wal-Marts exposure to exchange risk is significant due to capital investment into overseas markets from which it is assumed that subsequent returns of investment (ROI) will in part be transferred back to the United States. Furthermore, issues such as incurring debt and ongoing initial overseas expenditure including legal costs are also budgeted necessities that require the enactment of currency control mechanisms. Also assuming the implementation of a larger and more diverse product range made available within the newly acquired overseas marketplace, accumulating procurement expenditure for resale products from overseas suppliers and business ‘partners’ will be to be factored into the ‘costs analysis’. To reduce its risk exposure to fluctuations of foreign currency, Wal-Mart has priced their revenues and costs by securing a fixed or more stable exchange rate on which to base their costings and revenue forecasts. The methodology employed to reduce exchange rate risks was by utilizing interest rate swaps; as a report studying Cash flow instruments points out, â€Å"The Company [Wal-Mart] was party to a cross-currency interest rate swap to hedge the foreign   currency risk of certain foreign-denominated debt. The swap was designated as a cash flow hedge of foreign currency exchange risk† (Wikinvest 2008, p. 1). This factor incorporating the leveraging of exchange rate mechanisms has continually facilitated maximized profitability and minimized costs. However, on a cautionary note, exchange rate mechanisms are by no means guaranteed to remove potential exchange rate losses, but can be seen to perhaps ‘dilute’ or lower the risk of foreign currency and exchange rate losses. Furthermore, due to Wal-Mart’s enormous purchasing power and ability to source the lowest priced products and services from cheaper overseas suppliers, minimal costs are achieved whilst also subsequently allowing the maximization of profits to be realized. Moreover, the benefits attributed by optimizing costs and profits, facilitates passing on to the consumer, both choice and low prices. However, revenue based on price and choice is not necessarily conducive and conclusive to enabling long term consumer loyalty. This was noted earlier in a study conducted by Degeratu et al. (1999), in which they argue that giving a consumer too much choice creates an environment in which competitors can compete on a level footing, whereas by personalizing the marketing away from price and a wider choice negates in part the threat from competitors. Conclusion Based on the aforementioned sourced evidence, this study suggests that enabling trade and comparative advantage is indeed viable by implementing expansion and growth via a strategy of acquisition. Despite evidence some pointing to the high failure rate of acquisitions and the possibility of achieving growth by internalizing expansion, such evidence does not disprove that the proven success already demonstrated by corporate organizations such as Wal-  Mart, cannot be continued to be planned and implemented. Perhaps the primary factor allowing this positive viewpoint of acquisition is regarding the significant time needed to build and develop market share in a new overseas market. According to Singh and Montgomery (1987, p. 378), internal development into a new market can take up to eight years in which to achieve â€Å"accrual of returns†. Further supporting acquisition, Singh and Montgomery (1987, p. 379). maintain that such markets may be â€Å"characterized by substantial barriers to entry†, further justifying Wal-Mart’s strategy of comparative advantage by acquisition. Accepting the relative initial high investment of acquisition, as compared to that of internalized growth, creating mechanisms to allow costs efficiency is of vital necessity in order to create positive cash flow and sustainable growth. These findings have showed that the combination of ‘purchasing power’ and mechanisms lowering the risk of exchange rate losses, have in part led to the success of one of the world’s largest companies. Additionally, acquiring existing overseas operational structures provides a company such as Wal-Mart the opportunity to offer the consumer the ‘best deal’ due to the collaboration, ‘expertise’ and infrastructure of two related corporate entities. However, this study would be remiss by not cautioning against the possibility of future areas of conflict between corporate collaborators, in the event of inequality of opportunity between collaborators as highlighted earlier in this paper by Dassa, (1991, p. 13).

Artistic Form in King Lear Essays -- essays research papers fc

King Lear has remained one of Shakespeare’s best works, and one of the best tragedies of all time, since the beginning of the 17th century; however, some early critics believe that certain elements of the story do not satisfy the criteria for a proper tragedy. The two plot elements under speculation are the subplot and the catastrophic ending. The primary focus of the story is set on the elderly King Lear, whose pride and greed blinds him, causing him to banish his only pure daughter, Cordelia, along with his most loyal subject, Kent. He bestows his power and land upon his ungrateful daughters Regan and Goneril, who immediately plot to strip him of the remainder of his power as well as his pride. A similar subplot emerges where the Earl of Gloucester is duped by his Don John-esque bastard son, Edmund, into banishing his real son, Edgar. Both fathers realize their misjudgments before the end, but not before their downfalls. The play ends with the gradual insanity and death of Lear, as well as the deaths of Cordelia, Regan, Goneril, Gloucester, and Edmund. The happy ending or â€Å"poetic justice† is never achieved and the only exception to the seeming lack of justice is the pronouncement of the loyal Edgar as King, and the inferred bright future.   Ã‚  Ã‚  Ã‚  Ã‚  The earliest record of a criticism of King Lear is a letter from the Irish playwright Nahum Tate to a friend, written in 1681. In the letter, Tate describes King Lear as â€Å"a Heap of Jewels, unstrung and unpolisht.† He describes in detail how he plans to rework several major elements of the story, adding a love affair between Edgar and Cordelia, rescuing Lear and Cordelia from execution, omitting The Fool (a source of wisdom as well as comic relief), and establishing â€Å"poetic justice† at the plays end. Tate proposes these changes in order to â€Å"rectifie what was wanting in the Regularity and Probability† of King Lear. He also reasoned that the audience would like a happy ending where justice and virtue prevailed. His reworking of the tale complies with the strict Neoclassical formula that was expected at the time. Tate’s predictions proved correct when his altered version overshadowed the original for over a century. (Tate 344 -45) (SC2 92) During the 18th Century, the controversy over the ending of King Lear continues as well as new controversy over Tate’s rewritten ending. Critic Joseph Addison... ...s it unstoppable once it has been let loose. (Stampfer 3) The 20th century marked a period of speculation of the intent behind plot elements, specifically the ending. The style and structure of Shakespeare’s writing is no longer questioned as it is in earlier criticisms of King Lear. King Lear is one of the most debatable plays ever written because the situations that arise are the result of the complex relationships between characters and the judgments that these characters make. The structure, especially the unexpected ending, is ahead of it’s time, and the meaning behind the ending is arguable. King Lear’s unique character relationships and structure are the reasons that it is still a popular topic in literary criticism. Works Cited Gale Research Company Shakespearean Criticism Vol. 2 Kansas City, Missouri: Typographics Inc. 1985. Moss, Joyce; Wilson, George â€Å"Overview: King Lear, by William Shakespeare Literature and its times: Profiles of 300 notable Literary Events and the Historical Events that Influenced Them. 1997. Literature Resource Center. 9 March 2005. Price, Thomas â€Å"King Lear: A Study of Shakespeare’s Dramatic Method† PMLA, Vol.9 No.2 1894 Jstor 9 March 2005.

Dilemma: African American and Nonviolence Essay

The omnivores dilemma is a modern problem for all human beings. These days, there are many options for a person to eat, but not all are healthy. Every day people go to supermarkets and feel totally lost because there are so many choices. Source #2 â€Å"Louis Armstrong. † Grolier. Web. 1 Jan. . Source #3 â€Å"Armstrong,Louis. † Grolier. Web. 1 Jan. . Source #4 â€Å"Louis Armstrong. † Facthound. Web. 1 Jan. . Source #5 Raum, Elizabeth,ed. Louis Armstrong : Jazz Legend. 2007. Protesting Nonviolently Did you know that three major figures used the method of nonviolence to change the world? Nonviolence has been a successful way to protest for many years and has provided major changes in life for people. Nonviolence is the best way to protest and make a major point. Gandhi was one of the first people to use nonviolence in a major way. A book tells how Gandhi went to jail instead of others because he did not fear a jail cell and proved he was nonviolent. When Gandhi organized a march officers beat the protesters and injured them severely, but they did not raise an arm to fight back. Gandhi sent a letter to Lord Irwin saying how british rule is a curse and he will stop at nothing to free his people from british rule. Gandhi initiated the first acts of nonviolence and won freedom for the people of India. Martin Luther King Jr. used nonviolent acts to fight against segregation. When MLK was part of a boycott he took full responsibility when he was arrested and said he wasn’t going anywhere or going to fight back. Martin was picking up more volunteers for protesting and said that it was hard not to fight back but they still had to lay down their weapons. The time MLK led the bus boycott he was arrested, people who had participated in the boycott actually walked down to the sheriff’s office to be arrested and to see if their name was on the list. Martin Luther King Jr. used nonviolence to get rights for colored people and followed Gandhi’s example. Nelson Mandela worked fighting racial segregation in South Africa, or apartheid, using nonviolence. Mandela’s organization started out using violence but soon converted to Gandhi’s way of nonviolence which was better morally and tactically. Nelson Mandela took lots of his time recruiting helpers for the cause. Although the work was dangerous, he was convinced that nonviolence was the way to win. Mandela talked about how if he was put to a death sentence his work work and actions would live on. Nelson Mandela adapted Gandhi’s work to help free the people of South Africa from racial oppression. Nonviolence worked to help lots of different kinds of people throughout history and proved major points. Gandhi started nonviolence and became a major figure for lots of people. Martin Luther King Jr. used nonviolence to gain rights for colored people in america and became a pivotal figure in american history. Nelson Mandela became the first South African president and is also a major figure in history. Nonviolence has changed the world majorly and next time you see a picture of Gandhi, Martin Luther King Jr. , or Nelson Mandela you might think a little more about them.

Work Makes Life Sweet by Bell Hooks

Work Makes Life Sweet by Bell Hooks is one of my favorite essay on the book Presence of the others. The commitment and passion to work is best described in this essay. The right livelihood is not according to the money you earn out of work but on the enjoyment you get out of working. Most people today are after the compensation one can get from working. In this fast changing world, it is important to earn money through hard work. From the black community, Work makes life sweet for them. This is a viewpoint in life that motivates one to succeed. They took pride in a job well done. Rather than working just for money. Work should be a vocation where a person's true calling lies in. Many people are working to acquire money and buy necessities. This is the wrong notion about work. The right livelihood according to the author is the capacity of the individual to have determination and perseverance to work. We work to enjoy the skills and abilities bestowed to us. An individual's duty is to make the most out of what talent is given to us. Every goal that a man wishes to endeavor comes at the right time and with great purpose. In my own case I do non academic activities rendering community service. By doing charitable acts, I can help other people and enjoy my talent as well. I teach young kids to draw and plant trees. In this way my life is sweeter because I am working for a cause. It is important to have commitment, love and passion for work because a person in love is really sweet. Plan your work and work your plan. Goals are intended to be achieved through hard work. This makes life extra special because you enjoy and earn at the same time. Work makes life sweet because it enhances our skills and make us earn for a living.

Strategy and Tactics of the Hundred Years War

Strategy and Tactics of the Hundred Years War As it was fought for longer than a hundred years, it’s no surprise that the strategy and tactics used by all sides in the Hundred Years War evolved over time, creating two very different eras. What we see is an early English tactic proving successful, before technology and warfare changed to a French one becoming dominant. In addition, the aims of the English may have stayed focused on the French throne, but the strategy to achieve this was starkly different under two great monarchs. Early English Strategy: Slaughter When Edward III led his first raids into France, he was not aiming to take and hold a series of strongpoints and regions. Instead the English led raid after raid called a ‘chevauchà ©e’. These were missions of pure murder, designed to devastate a region by killing crops, animals, people and destroying buildings, windmills and other structures. Churches and people were plundered then put to the sword and fire. Huge numbers died as a result, and wide areas became depopulated. The aim was to cause such damage that the French wouldn’t have as many resources, and would be forced to negotiate or give battle to stop things. The English did take important sites in Edward’s era, such as Calais, and small lords fought a constant battle against rivals for land, but the strategy of Edward III and leading nobles was dominated by chevauchà ©es. Early French Strategy King Philip VI of France first decided to refuse giving a pitched battle, and allow Edward and his followers to roam, and this caused Edward’s first ‘chevauchà ©e’s to cause great damage, but to drain the English coffers and be declared failures. However, the pressure the English were exerting led to Philip changing strategy to engage Edward and crush him, a strategy his son John followed, and this led to the battles of Crà ©cy and Poitiers were larger French forces were destroyed, John even being captured. When Charles V went back to avoiding battles – a situation his now decimated aristocracy agreed with – Edward went back to wasting money on increasingly unpopular campaigns which led to no titanic victory. Indeed, the Great Chevauchà ©e of 1373 marked an end to large scale raiding for morale. Later English and French Strategy: Conquest When Henry V fired the Hundred Years War back into life, he took a totally different approach to Edward III: he came to conquer towns and fortresses, and slowly take France into his possession. Yes, this led to a great battle at Agincourt when the French stood and were defeated, but in general the tone of the war became siege after siege, continuous progress. The French tactics adapted to fit: they still generally avoided great battles, but had to counter siege to take the land back. Battles tended to result from contested sieges or as troops moved to or from sieges, not on long raids. As we shall see, the tactics affected the victories. Tactics The Hundred Years War began with two large English victories stemming from tactical innovations: they tried to take defensive positions and field lines of archers and dismounted men at arms. They had longbows, which could shoot faster and farther than the French, and many more archers than armoured infantry. At Crà ©cy the French tried their old tactics of cavalry charge after cavalry charge and were cut to pieces. They tried to adapt, such as at Poitiers when the whole French force dismounted, but the English archer proved a battle winning weapon, even to Agincourt when a new generation of Frenchman had forgotten earlier lessons.If the English won key battles earlier in the war with archers, the strategy turned against them. As the Hundred Years War developed into a long series of sieges, so archers became less useful, and another innovation came to dominate: artillery, which could give you benefits in a siege and against packed infantry. Now it was the French who came to the fore, because they had better artillery, and they were in the tactical ascendance and matched the demands of the new strategy, and they won the war.

What are the Principles of human behaviour The WritePass Journal

What are the Principles of human behaviour Task 1 What are the Principles of human behaviour Task 1Principles of human behaviour:Leadership and human behaviour preferences:Preferred learning styles:Principles of Human communications:Task 2Resource management:Task 3Task 4:Task 5:Bibliography:Related Task 1 Principles of human behaviour: Human behaviour can be identified as the result of attempts to satisfy certain needs. These needs can be simple and easy to understand such as the need of food, water and shelter. However it can also be complex such as the need of respect or acceptance. Leadership and human behaviour work hand in hand. To   be   a   successful   leader,   you   must   understand   your people and work with   them   to   resolve   their   problems. In Nairobi the school of tomorrow the basic needs of any student is a good environment, shelter and the basic needs such as water and food. As the human behaviour changes according to the environment Nairobi school of tomorrow has to make sure that the environment in each class and in the school is positive. By examining human behavior, we can expand the knowledge we need to better understand people. Human behaviour study helps us understand why people act and react in certain ways. (tpub.com) Leadership and human behaviour preferences: As a leader in order to accomplish your goals, you need to interact with your followers, peers, seniors, and others; whose support your needs to accomplish the goals. To gain their support, you must be able to understand and motivate them. Human nature is the common qualities of all human beings. People behave according to certain principles of human nature. Values,  beliefs, and customs differ from country to country and even within group to group, but in general, all people have a few basic needs. As a leader you must understand these needs because they can be powerful motivators. (Milliken Elizabeth. M, Honeycutt A (2004) Maslows Hierarchy of Needs Basic Needs: are physiological, such as food, water, and sleep; and psychological, such as affection, security, and self-esteem. Metaneeds:  These include justice, goodness, beauty, order, unity, etc. Basic needs normally take priority over these Meta needs. A need higher in the hierarchy will become a motive of behaviour as long as the needs below it have been satisfied. Unsatisfied lower needs will dominate unsatisfied higher needs and must be satisfied before the person can climb up the hierarchy. So in order to be successful leaders in Nairobi school of tomorrow leaders have to fulfil the basic needs which are physiological needs, safety and belonging. Once these needs are met the behaviour of students will change in the school and the classes which will produce more positive results. They will meet their own goals and targets and the students would also feel part of the school. Preferred learning styles: Learning is defines as a relatively permanent change in an attitude or behaviour that occurs as a result of repeated experience. (Kimble and Grambzy, 1963) Institutes of education always seek to improve their educational initiatives more effective. Nairobi school of tomorrow are working hard to provide more effective and efficient services. Teaching serves as an important tool for achieving institutional goals and objectives, therefore to make the learning more effective teachers have to understand their students. Some students are left brained and some are right brained so the teacher has to use the technique which would be easy to understand for different kind of students. (Sims. R Ronald, Sims. J Serbrenia (1995)) Team roles (belbin theory): According to belbin theory of team roles a good team must have a leader who can be; Coordinator: The co-ordinator is a person-oriented leader. This leader trusts the team, accepting, dominant and is dedicated to team goals and objectives. The co-ordinator is a positive thinker who supports goal accomplishment, struggle and effort. Shaper: shaper is a task-focused leader who thrives in nervous energy and who has a high motivation to accomplish goals and for whom winning is the name of the game. Plant: The plant is a specialist idea maker characterised by high IQ and quietness while also being leading and original. The plant tends to take fundamental approaches to team performance and problems Resource investigator: The resource investigator is someone who searches opportunities and extends contacts. Resource investigators are good mediators who explore others for information and support and pick up other’s ideas and develop them. Company/worker implementer: Implementers are responsive of exterior responsibilities and are well-organized, careful and have a good self-image. They have a tendency to be tough-minded and practical, trusting and liberal, respecting established traditions. This kind of leaders doesn’t get anxious and tend to work for the team in a practical. Monitor evaluator:   is a sensible, careful and intelligent person with a low need to achieve. Monitor evaluators add particularly at times of vital decision making because they are skilled to evaluate competing proposals. Team worker: Team workers make helpful interference to prevent potential resistance and enable the difficult characters of the team to use their skills to positive ends. They have a propensity to keep team spirit up and allow other members to add effectively to the team. Specialist: The specialist supplies knowledge and mechanical skills which are not common within the team. They are often highly reserved and concerned and tend to be self-starting, devoted and committed. Completer/Finisher:   the completer or the finishers’ strength lies in perfectionism, attention to the details of the task and meeting the deadlines.(West, M 1994) Principles of Human communications: Communication is basic human interaction. It is a process and it is dynamic, ongoing and ever changing. It may not have a beginning or an end. Communication can be divided into two categories. Interpersonal communication is between people and intrapersonal communication is your own self dialog.   Communication is very important for Nairobi school of tomorrow because the feedback from the client is just as important as whatever the facilitator says or does. What the client says and what the client is showing by the way they look and act will give Nairobi school of tomorrow an idea of the results they get from the services they provide. The way the school communicated with its contractors would affect the overall performance of the company. What message do they give to their clients and how they respond to the feedback given? What method do they use to communicate with their clients and contractors? For example presentation, demonstration,   Ã‚  discussion or tutorial to get the message across. Language plays an important role in the way we perceive the world and it also effects the way people behave around each other. It does not jus label and distinguish the environment for us but also structures and guides out thinking patterns. It influences our relationship with others and with the environment. To ensure that the communication flow is not disturbed between administration and clients or administration and contractors the school has decided that simple language would be used throughout the whole project so everyone can understand. Use of jargons would be avoided. Task 2 Resource management: Effective resource management is mostly about foreseeing problems and working on solutions to make the resources of the organization more effective.   Resources can be regarded as consumable and non consumable. Consumable resources is as it goes into task such as money, concert, engine days and paint all are considered to be consumable resources. Non consumable resources can be used over and over again. Once you are done working on a task you can carry on working on something else. An Effective resource management includes Resource allocation: The first key to effective resource allocation for a school is in understanding the system of incentives that guides in spending of schools and colleges. The incentives are based partly on intrinsic value and partly on instrumental ones. For e.g. programs with strong market demand (for examples from students, research sponsors) however low intrinsic value serves instrumentally cross subsidize programs with high intrinsic value but low financial potential. A good resource allocation would allow Nairobi school of tomorrow to achieve a proper balance between its intrinsic values and those of the market place. Nairobi school of tomorrow has chosen outsourcing in resource management as their important part of resource allocation. Outsourcing is contracting with another company or person to do a particular function.   In this case Nairobi school of tomorrow has picked another company to provide the school with lunch. (Massy F. William (2004) Time management: Time management can be defined as the art of arranging, organizing, scheduling and budgeting ones time for the purpose of generating more effective work and productivity. To manage their time effectively Nairobi school of tomorrow administration must fulfil some requirements which are; The administration needs to have clear objectives. If the administration does not know what they are trying to achieve then they will fail in resource allocation. The administration needs to have careful forward planning. If the wrong step it would lead them to failure. Administration needs to have the ability to delegate successfully and the work should be flexible. To manage the time effectively the administration has come up with a strategy. First of all Nairobi school of tomorrow has to identify the things which needs prioritisation such as the quality of teaching, classrooms, lunch and other facilities for e.g. school library. After identifying the priorities they will break down each task in to subtasks because it will put work into more logical sequence. It would also determine the skills needed and it would allow communication of work to be done. It would ensure that all work sequences are identified and understood. After task breakdown the next step would be scheduling.[1] Scheduling is the process by which Nairobi school of tomorrow can look at the time available to them and plan on how to use it to achieve the goals of the administration which were identified in the early stage. A good scheduling technique designed by Nairobi school of tomorrow is to assemble the project schedule by listing all the tasks that need to be completed in order. Assign length to each task and then distribute the required resources, after the distribution the administration would Verify predecessors i.e. what tasks must be completed before and the tasks that cant start until after.( F. John Reh. (2011). Project Management 101 Part 2: Managing Resources People, Equipment, and Material) Six Sigma:   is a business management strategy originally developed by Motorola, USA in 1986. It is still widely used in many parts of the industry, even though its use is not without disagreement. Six Sigma looks for improvement in the quality of process production. It improves the production by identifying and removing the causes of deficiency and minimizing unpredictability in manufacturing and business processes. Six sigma uses a set of quality management methods which includes statistical methods, and creates a particular communications of people within the organization. (Tennant, Geoff (2001) Task 3 In project management there are two types or resources. First resources are skill types and the second type is the worker time units. Here we are dealing with the effort that a skill type can put into the task over a giver period of time.   There are a few stages involved in resource management. The stages are as follows; Resource definition i.e. deciding what resources you are going to deal with Resource allocation i.e. believing that the particular task will need so many traders people and as much material to get finished. Resource aggregation i.e. simply the outline of the resources required to complete all activities based on the resource allocation carried out in the previous stage. Resource smoothing is the process that resolves a resource requirement that is smooth and where peaks and low points are eliminated. After the resources are managed properly Nairobi school of tomorrow has to make sure that they manage there subcontractors.   Subcontracts are individuals or businesses that sign contracts to perform some parts of the business. In this case Nairobi school of tomorrow has a subcontractor Vertex who would provide them with school dinner.   To manage the subcontracts effectively the administration has to regularly conference calls, regular progress reports and on site meetings at the subcontractor’s facility. This would keep the administration satisfied with the quality. It is very essential to have regular on site meetings because conference calls or progress reports may not always reveal the true programs. To ensure the management with subcontractors is good administration has to ensure that there is method for feedback on client performance. Feedback must be taken from supplier perspective as the client’s perspective on the supplier’s performance. Once a supp lier is chose and a public announcement is made the administration should work with suppliers to develop supply chain. Effective contract management is vital in ensuring the structure established in the procurement process for good supply chain management is applied over the duration of the contract. Task 4: Coaching: Coaching usually consists of One to one development discussions Coaching helps people realise both there strengths and weaknesses by giving feedback Coaching is aimed at the specific issues or areas that need to be improved. It is relatively short term activity It focuses on improving performance and developing/enhancing individuals skills. Generally more structured in nature and meetings are scheduled on a regular basis Mentoring: in progress relationship that can last for a long period of time Can be more informal and meetings can take place as and when the person being mentored needs some advice, direction or support Mentor is usually more skilled and qualified than the ‘mentee’. It is usually carried out by a more senior person in the organisation who can pass on knowledge, experience and open doors to opportunities Focus is on career and personal development Mentoring resolves more around developing the mentee professional (Brefigroup. (2011). Coaching and mentoring) Task 5: Materials management is a part of logistics and it refers to the location and movement of the physical items or products of the company. There are three main processes which are connected with materials management spare parts quality control   inventory management Materials management is important in big manufacturing and distribution environments where there are multiple parts, locations, and significant money invested in these items. The first expansion in materials management is related to spare parts. Spare parts are essential to the progressing operation of manufacture lines and related equipment. Poor management of spare parts can cause downtime and loss of production. Quality control is a huge part of materials management. The formation of material standards, examinations, and returns process is a most important responsibility of the materials management group. All parts and materials must be tested to make sure that a precise level of quality is met. This is usually completed before a purchase order is issued to the supplier, to make sure that the supplier has met the conditions of their contract. Inventory management is the correct tracking of all materials in the company’s list. The company has purchased these items from another supplier. There are three possible areas of loss that are concentrated on through useful inventory management: reduction, misplacement, and short shipments. In material management one of the common ways that is used is the ABC analysis. It is a method of categorizing items, actions, or activities according to their virtual importance. It is often used in inventory management where it is used to categorize stock items into groups based on the total annual spending of each item. Organisations can focus more detailed attention on the high value items. Bibliography: Unknown. (2011). 1-5 RELATIONSHIP BETWEEN LEADERSHIP AND HUMAN BEHAVIOR. Available: tpub.com/content/advancement/12024/css/12024_14.htm. Last accessed 23-06-2011. West M. (1994). Effective Teamwork; the British Psychology Society. Available: srds.co.uk/cedtraining/handouts/hand40.htm. Last accessed 25-06-2011. Sims. R Ronald, Sims. J Serbrenia (1995). The importance of learning styles. USA: Greenwood press. Page 25. Brefigroup. (2011). Coaching and mentoring – whats the difference?. Available: brefigroup.co.uk/coaching/coaching_and_mentoring.html. Last accessed 26-06-2011. F. John Reh. (2011). Project Management 101 Part 2: Managing Resources People, Equipment, and Material. Available: http://management.about.com/cs/projectmanagement/a/PM101b.htm. Last accessed 21-06-2011. Tennant, Geoff (2001). SIX SIGMA: SPC and TQM in Manufacturing and Services. Gower Publishing, page 5. Massy F. William (2004). Resource Allocation in Higher Education. USA: University of Michigan. Page 4-15. F. John Reh. (2011). Project Management 101 Part 3: Managing Time and Schedule. Available: http://management.about.com/cs/projectmanagement/a/PM101c.htm. Last accessed 21-06-2011. Milliken Elizabeth. M, Honeycutt A (2004). Understanding human behaviour A guide for health care providers.. 7th ed. USA: Thomson Learning Inc. page 73-74.

Seahorse Facts

Seahorse Facts Seahorses (Hippocampus spp of the family Syngnathidae) are fascinating examples of bony fish. They have a unique body morphology with a horse-shaped head, large eyes, curved trunk, and a prehensile tail. Even though these charismatic creatures are banned as trade items, they are still heavily traded in the illicit international markets. Fast Facts: Seahorses Scientific Name: Syngnathidae (Hippocampus spp)Common Name: SeahorseBasic Animal Group: FishSize: 1–14 inchesLifespan: 1–4 yearsDiet:  CarnivoreHabitat: Temporal and tropical waters throughout the worldConservation Status: Not Evaluated Description After much debate over the years, scientists finally decided that seahorses are fish. They breathe using gills, have a swim bladder to control their buoyancy, and are classified in the Class Actinopterygii, the bony fish, which also includes larger fish such as cod  and tuna. Seahorses have interlocking plates on the outsides of their bodies, and this covers a spine made of bone. While they have no tail fins, they have four other fins- one at the base of the tail, one under the belly, and one behind each cheek. Some seahorses, like the common pygmy seahorse, have shapes, sizes,  and colors that allow them to blend in with their coral habitats. Others, such as the thorny seahorse, change color to blend in with their surroundings. According to the World Register of Marine Species, there are 53 species of seahorses (Hippocampus spp), though other sources number the existing species between 45 and 55. The taxonomy has proven difficult because seahorses dont vary a great deal from one species to another. They do, however, vary within the same species: Seahorses can and do change color and grow and lose skin filaments. Their size ranges from under 1 inch to 14 inches long. Seahorses are categorized in the family Syngnathidae, which includes pipefish and seadragons. Georgette Douwma/Getty Images Habitat and Range Seahorses are found in temperate and tropical waters throughout the world. Favorite seahorse habitats are coral reefs, seagrass beds, estuaries, and mangrove forests. Seahorses use their prehensile tails to anchor themselves to objects such as seaweed and branching corals. Despite their tendency to live in fairly shallow waters, seahorses are difficult to see in the wild, since they can remain very still and blend in with their surroundings. Diet and Behavior Although there is some variation based on species, in general, seahorses feed on plankton and tiny crustaceans such as amphipods, decapods, and mysids, as well as algae. Seahorses do not have stomachs, so food passes through their bodies very quickly, and they need to eat often, between 30 and 50 times a day. Although they are fish, seahorses are not great swimmers. Seahorses prefer to rest in one area, sometimes holding on to the same coral or seaweed for days. They beat their fins very quickly, up to 50 times a second, but they do not move quickly.  They are able to move up, down, forward or backward. Reproduction and Offspring Many seahorses are monogamous, at least during a single breeding cycle.  A myth perpetuates that seahorses mate for life, but this doesnt seem to be true. Unlike many other fish species, though, seahorses have a complex courtship ritual and may form a bond that lasts during the entire breeding season.  The courtship involves an enchanting dance in which they entwine their tails​ and may change colors. Larger individuals- male and female both- produce larger and more offspring, and there is some evidence for mate choice based on size. Unlike any other species, male seahorses  become pregnant and carry babies (called fry) to term.  Females insert their eggs through an oviduct into the males brood pouch. The male wiggles to get the eggs into position, and once all the eggs are inserted, the male goes to a nearby coral or seaweed and grabs on with his tail to wait out gestation, which lasts 9–45 days.   Males produce 100–300 young per pregnancy and while the main source of food to the embryos is the yolk of the egg, the males do provide additional sustenance. When its time to give birth, hell contort his body in contractions until the young are born, over a period of minutes or sometimes hours.   felicito rustique / Flickr   Conservation Status The International Union for Conservation of Nature (IUCN) has not as yet evaluated seahorse endangerment, but Hippocampus spp were among the first fishes brought under global trade restrictions in 1975. They are currently listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which allows exports of specimens only if they are sourced sustainably and legally. All countries which were historically exporting large numbers of them have since banned the export or are under CITES export suspensions- some banned the export prior to 1975. Nevertheless, seahorses are still threatened by harvesting for use in aquariums, as curios, and in traditional Chinese medicine. Historic and recent fisheries and/or trade surveys in source countries with trade bans have all revealed persistent exports of dried seahorses through unofficial channels. Other threats include habitat destruction and pollution. Because they are hard to find in the wild, population sizes may not be well-known for many species.  Ã‚   Stuart Dee / Getty Images Seahorses and Humans Seahorses have been a topic of fascination for artists for centuries, and are still used in Asian traditional medicine. They are also kept in aquariums, although more aquarists are getting their seahorses from seahorse ranches now rather than from the wild. Author and marine biologist Helen Scales, Ph.D., said of seahorses in her book Poseidons Steed: They remind us that we rely on the seas not only to fill our dinner plates but also to feed our imaginations. Sources Faleiro, Filipa, et al. Size Does Matter: An Assessment of Reproductive Potential in Seahorses. Animal Reproduction Science 170 (2016): 61–67. Print.Foster, Sarah J., et al. Global Seahorse Trade Defies Export Bans under Cites Action and National Legislation. Marine Policy 103 (2019): 33–41. Print.International Protections for Seahorses Take Effect May 15. World Wildlife Fund, May 12, 2004.Koldewey, Heather J., and Keith M. Martin-Smith. A Global Review of Seahorse Aquaculture. Aquaculture 302.3 (2010): 131–52. Print.Scales, Helen. Poseidons Steed: The Story of Seahorses, From Myth to Reality. New York: Gotham Books, 2009.Sea Horse Facts. The Seahorse Trust.

International law questions Essay Example | Topics and Well Written Essays - 500 words

International law questions - Essay Example account the identities of the persons signing the declaration of independence, their respective political positions and the language contained in the declaration of independence. In this regard, the individuals signing the declaration of independence were democratically elected persons and therefore representatives of the people of Kosovo. Moreover, since the persons signing the declaration of independence indicated in the declaration that the independent state supported and would continue the work of the interim government, they were indeed representatives of the people of Kosovo and thus were not acting in the capacity of one of the interim institutions established for reconstruction and stabilisation. According to the Court, the authors of the declaration of independence were bound by UNSCR 1244/1999 insofar as they were required to observe it until the final resolution of the crisis in Kosovo until the provisional institutions were handed over to an established government. The fact that the court emphasized that the declaration of independence was not intended to act within the interim government’s mandate speaks to the fact that the authors of the declaration of independence were bound to observe UNSCR 1244/1999. The Court also indicated that the declaration of independence was not intended to usurp the interim government but merely spoke to the future sovereign status of Kosovo. By all indications, it would appear that the Court was of the opinion that the authors of the declaration of independence were bound to comply with UNSCR 1244/1999. I agree with the Court’s assessment since, the interim government was installed to diffuse a hostile situation and not to act in a permanent capacity. The interim government could not act in a way that contravened the people of Kosovo’s right to self-determination. Since the authors of the declaration of independence acted on behalf of the people of Kosovo that duly elected them to represent their interests,

Symbolism in The Bean Trees and Medicine River by Barbara Kingsolver Essay

Symbolism in The Bean Trees and Medicine River by Barbara Kingsolver - Essay Example She has shown innate qualities of a writer by relating to people, their plight and the situations that they get into because of the dominant society. Not only this, Barbara King also has a feel and the place for non-living objects that she so beautifully exploits to express her abstract ideas. Another novel that could be spoken about here in Medicine River by Thomas King, who too used symbols, such as people, nature, and other objects in a similar way too represent his ideas and understanding of life in general. An essay so deemed to be worthy enough for comparing the two of the most followed literature works will demonstrate how both Barbara Kingsolver and Thomas King used people, objects, and nature to bring out different meanings and ideas in their literary work. Barbara Kingsolver wrote ‘The Bean Trees’ focusing on the life of people living I low profiled cities like that of Kentucky and her prime character was the young woman named Taylor Greer. Tired of Male domina nce, she decided to head to the west in search of an ideal place that could get her away from chauvinistic nature of the society. In her journey to find solace, she met across people from several ethnicities and she also acquired a little native Indian child. The novel so intrinsically identifies and makes you feel for the original and tough experiences of the core character, Taylor Greer; her experiences through different symbols of friendship, belonging, support, and life get you to relate to some or the other incidences of life. Medicine River written by Thomas King revolves around Will, who is a Photographer by profession. Even though he thinks that he has come back to his home town of Medicine River for the rituals of her mother’s demise, he not only gets caught up in helping the community and the natives, but also manages to fall in love with a girl at the same time. Thomas King has used different symbols to demonstrate the same meanings of friendship, belongingness, su pport, and life through out the story. Both the novels center on the core theme of humanity, whether from the perspective of friends or from some one who is just a well-wisher. However, the symbolism all the more has been so dramatized that it looks nothing far from real with characters ending up meeting just when they were being expected by the readers. Lou Ann of ‘The Bean Trees’ and Harlen of ‘Medicine River’ form an intrinsic part of the novel as both have been presented as the best friends and companions of Taylor Greer and Will respectively. The characters have been so enlivened in the story that the reader can’t stop thinking about his own life experiences and remembering incidences of meeting people who played similar roles in their life to such characters. They add twists and a touch of practicality to the novel’s idea by giving it a touch of real life experiences. "Harlen Bigbear was one of the most charitable people I had ever known . No matter whom it was, Harlen would always go looking for the good in a person. And even if he couldn't find it, he assumed that it was there, buried somewhere." Harlen’s character is so presented in Medicine River that she always prefers to gossip about things that happen around in the society, especially in her community and advise Will about the good and the bad. Will enjoys her company and association even though she is mostly annoyed while talking and discussing. She often did things that even though might be not in so favor of Will’s opinion; he could sense an attachment that makes him feel good about the occasion. On the other hand, Lou Ann in ‘The Bean Trees’

The Effect Of Temperature On Rate Of Photosynthesis Of Pondweed Plant Coursework

The Effect Of Temperature On Rate Of Photosynthesis Of Pondweed Plant - Coursework Example Literal meaning of photosynthesis is â€Å"to put together by light†. It is a process that involves capturing sunlight, in the presence of chlorophyll, CO2, water, and then producing starch and oxygen. This starch is then used by the plants either to produce energy, for storage, or to build them into a complex material and then producing starches, oils and proteins. Starch is the best way to store carbohydrates as it is compact and is easily broken down in the body. During the process of photosynthesis plants fix environments CO2 and release oxygen, which is essential for entire living beings for survival. Thus, more than 80% of plant material is synthesized by photosynthesis including respiration process also depends on its byproducts. Chlorophyll is the chemical, which traps light energy and then uses it to synthesize carbohydrates. It acts as catalysts to speed up the process of reaction. Chlorophyll is present in the chloroplasts of the palisade layer of leaves. The equati on for photosynthesis is: 6CO2+6H2O => C6H2O6+6O2 +energy Photosynthesis involves trapping of CO2 from the environment in the presence of Chlorophyll and the sunlight. If a light source is placed near the pondweed plant that acts as sunlight, then the plant will release more oxygen due to splitting of water molecule into hydrogen and Oxygen molecule. The Hydrogen molecule that is released in the process will then combine with the CO2 and produces carbohydrates. This process again gives off more oxygen. The whole process needs to be catalyzed by enzymes to speed up the reaction. Photosynthesis is a two phase procedure. Stage one is light reliant and it captures sunlight to manufacture high energy molecule. In the second phases, which are light free reactions, these molecules are used to incarcerate CO2 and convert them into originators of carbohydrates. There are various limiting factors that affect the rate of photosynthesis. Most important factor is the presence of CO2 in the envir onment i.e., 0.03% to 0.04%. Only at a certain rate can a plant takes up CO2 and proceeds with photosynthesis. Light intensity will also affect the rate as well as temperature. In laboratory experiments, volume of oxygen released per minute is used to determine the rate of the process, and this in turn can be used as the source for determining the effects of limiting factors (Kent, 2000). The law of limiting factor states that, â€Å"When a process depends on more than one factor to be favorable then its rate is limited by the factor at its least favorable value. For a process to go at its maximum rate, all factors need to be at an optimum stage.† Measurement of photosynthesis rate is required to determine the limiting factors that can affect productivity of the process as well as its response to environmental stresses. Most of the measurement techniques being used today involve the gaseous exchange of the plants as an indicator for the rate. Chemical pathway of intake of CO2 and water discharge is the same and hence these two pathways are involved in measurement of photosynthesis through stomata conductance and transpiration method (MILLAN, GUEVARA, TORRES, OSORNIO, 2009). These days modified methods are being used to conduct the analysis, which increases the precision and accuracy of the results. The purpose of this experiment is to determine the effect of temperature on the photosynthesis of pondweed plant. Basically, temperature does not pose an enormous effect on the rate of photosynthesis individually; it only affects the speed of the process by affecting the rhythm of chemical responses in the plants. This is because photosynthesis is a

Harriet Tubman - Sentence Outline Term Paper Example | Topics and Well Written Essays - 1000 words

Harriet Tubman - Sentence Outline - Term Paper Example During winter, they were forced to bury their feet under scorching ashes to avoid frostbite. A. At the age of 5 years, the fragile girl child was already working in the fields. Life with her parents was not a walk in the park either. Their parents toiled day and night in the plantations. However, they made sure that they stuck together as a couple by negotiating with their owners and putting in extra hours. B. Their mother served them cornmeal in a large container in the evening and only the kids who could gobble food fast got a fair share of the meal. Sometimes they had fish or meat on their tables but only if their father was able to hunt. Their masters gave them food that was meant to last for a month and clothes were supplied yearly. C. Two years later, Harriet was whisked away by her master to care for their child. It was a gruesome experience in which she was loaded onto a wagon after a through and critical selection by their master. Life in the big house was scary and full of heart ache. She was subjected to heavy workloads for very long periods of time with the lady of the house screaming nasty comments to her that demoralized her and made her yearn for her former life with her family. She even developed sickness that enabled her to seek refuge with her mother but only for a short time before she was back again to her tormentor. A. Thoughts of freedom started to invade her young mind especially after recalling all the stories of freedom that she heard from Old Rit, her mother, making her envision of a world free of slavery. Her favorite was that of Moses before the Pharaoh demanding the release of the Israelites. ‘Let my people go’ was a statement that lingered in her mind for so long that it become an obsession. B. At the age of 12, she was to witness a runway slave who was thoroughly punished. However, that did not deter her spirit. She even made a futile attempt to escape when life became a thorn in the flesh, but she did

Project Management Essay Example | Topics and Well Written Essays - 2000 words - 16

Project Management - Essay Example For a novice project manager, the software can help create simple schedules with a work break structure where tasks are assigned start and end dates in a timeline. For the advanced user, detailed cost and resource allocations can be performed, with the facility of creating baselines to track project progress. Creating tasks, their dependencies, and assigning a timeline is a straightforward process in the friendly user interface. The software has a tabular interface where this information can be entered and a Gantt chart is automatically built in a split window on the same screen. Critical path can be determined by simply selecting options from the menu. MS Project has an intuitive interface but perhaps it is because of the complexity of representing project management in a software, and the number of options and features available, that sometimes make its usage a bit difficult. The difficulty level, of course, is reduced with practice and also with gaining more insight into project management concepts. MS Project has a strong project monitoring capability and the project manager can set up multiple baselines against which the project can be tracked through its life. Estimated costs, resources, and time usage can all be entered in the project file and checked against the actual data for any deviations. A large number of pre-formatted reports can be produced from the software. A useful facility is the ability to create custom reports to suit specific requirements. The software also has features to offer an integrated environment to the user by allowing linking of external files which can be opened from inside the project file by a simple click. This provides a useful function where external information related to specific tasks can be easily accessed without having to exit the program and search for files on the

Harriet Tubman - Sentence Outline Term Paper Example | Topics and Well Written Essays - 1000 words

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Globalization of Starbucks Case Study Example | Topics and Well Written Essays - 750 words

Globalization of Starbucks - Case Study Example Not only would the shop serve coffee, but also sell pastries, cakes and tea in an environment that provides a memorable experience. This transformation of the Italian coffee experience to the Starbucks of America tells us that ideas can be used across borders to strengthen the foundations of international business. If an Italian idea can appeal so strongly to an American, the same experience can very well indeed touch the lives of millions of coffee consumers in Asia, Africa or Australia. 2. What drove Starbucks to start expanding internationally? How is the company creating value for its shareholders by pursuing an international expansion strategy? Starbucks achieved phenomenal success in the United States of America, with over seven hundred stores all across the country by the year 1995. Being a country that is home to multitudes of multiethnic crowds all over the world, the success of Starbucks in America was an indication that the Starbucks experience was enjoyed by all, regardle ss of race, gender or ethnicity. This became the encouragement for Starbucks to venture into the international market. By spreading its operations globally, the company is not only minimizing risk, but also maximizing profits, both of which add increased value for the shareholders of the company (Rappaport). Additionally, dealing in the global market adds the value attached to dealing with foreign exchange, which implicitly results in a stronger portfolio for the individual who chooses to invest in a multinational company. 3. Why do you think Starbucks decided to enter the Japanese market via a joint venture with a Japanese company? What lesson can you draw from this? It was through penetrating the Japanese market that Starbucks set out on its first venture in to the international arena. Though confident of its success within America, the company could not be entirely sure of a similar success in other parts of the world. To reduce the risks of a prospective failure, Starbucks chose to commit to a joint partnership, in which the local Japanese retailer, Sazaby Inc., would share both the profits and losses of the joint venture. This was a wise and long sighted step on part of Starbucks, which showed that the prospect of loss should never be underestimated in the world of business. Apart from the financial aspect involved in making such a decision, the social and cultural aspects involved must also be taken into consideration. As an American company setting up business in Japan, Starbucks chose to hire Japanese employees working in its outlets, thus reducing a sense of alienation in the coffee experience Starbucks wished to sell. 4. Is Starbucks a force for globalization? Explain your answer. Starbucks has indeed proved itself to be one of the pioneers in the world of modern international commerce. Beginning with a humble start in Seattle, the company’s rise to success is inspiring to say the least. The success of Starbucks has taken the route of globaliz ation to reach this stage, and today, the word Starbucks has become symbolically synonymous to a laid back coffee experience in a uniquely relaxing ambiance. This is indeed one of the many effects of globalization, where a good or service can mean the same thing, regardless of their ethnic or geographic origin. On the other hand, the downside of globalization has also followed Starbucks, often in the form of international competitors, who duplicate the Starbucks coffee experience and offer it to

Contracts and Negligence Assignment Essay Example for Free

Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. Vicarious Liability. StudyMode.com. 02, 2013. Accessed 02, 2013. http://www.studymode.com/essays/Vicarious-Liability-1451515.html. Page Bibliography In Law, What is the Differences Between Tort and Contract [Online] Available at: http://www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract [Online] Available at: http://www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion [Online] Available at: http://www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 LAW OF TORTS [Online] Available at https://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement [Online] Available at:www.ehow.com/info_7755018_definition-verbal-agreement.html [Online] Accessed 02 November 2014 Contract – Express Implied Terms – Tutor2u [Online]. Available at: http://www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014 Breach of Duty [Online] Available at: http://e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove [Online] Available at: http://www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury [Online] Available at: http://www.lawteacher.net/health-law/essays/psychiatric-injury.php Accessed on 06 November 2014 Cases –tort-negligence-duty of care [Online] Available