Commercial law ( commercial contracts ) Essay Example | Topics and Well Written Essays - 1500 words

Commercial law ( commercial contracts ) - Essay ExampleA contract is said to be formed only if such counter-offer is accepted.The common practice is that until acceptation is conveyed to the offeror, it is not valid. Some exceptions in this regard are a) if the offeror has waived the requisite for communication b) when acceptance is communicated by post, it will be effective on posting. Communication sent through fax, telephone, computer, telex or fax is not effective until received by the offeror. Moreover, it is arduous to find when exactly a telex, fax, a subject left on a telephone answering machine or electronic mail message is actually received. Decided fortune laws on the subject indicate that the time when such a message becomes effective relies on a number of issues including prevalent business practices, the anticipations of the contracting parties and the courts evaluation of which of them should bear the onus as decided in Brinkbon Ltd v Stahag Stad Gmbh1. In case o f acceptance through the e-mail, the time when it will be effective has not yet been considered by the courts. It has been recommended that in case of e-mail acceptance, the postal rule can be use as an intermediate is involved. Conversely, it is argued that general rule will be applicable, since e-mail messages are delivered instantaneous and there is no facility to find out when the e-mail message is actually delivered.Any uncertainty provisions in the commercial contracts may make the contract non -binding. For instance, an agreement that a contract is to have a regular force majeure stipulations is not binding as the same is uncertain, since there are no customary force majeure stipulations as decided in the case British Electrical and Associated Industries (Cardiff) Ltd v Patley Processing Ltd2. In G Scammell and Nephew Ltd v Ouston3, it was viewed that an arrangement or

Managerial Economics Essay Example | Topics and Well Written Essays - 2000 words - 2

Managerial Economics - Essay ExampleHence, the significance to be remunerative on any particular type wholly depends upon the investor and manufacturers choice of short term or long term prospects.The present writing deals with two variants of profit theory, viz., frictional profit theory and innovation profit theory. Each of these concepts define or explain economic profit in their give birth discreet ways and hence, ar relevant in deciding various aspects of the underlying business, for the benefit of investors as well as manufacturers to some extent. Furthermore, the economy gains as well if economic units sort out the most efficient avenues of production or investment, since that would mean a speedier progress towards national growth.Broadly speaking, there ar two different explanations to economic profit, namely, disequilibrium theories of profit and compensatory theories of profit. While the previous theory explains the logic behind an industry earning super-normal profits despite the presence of market disequilibria or discrepancies, the latter accomplishes how innovative activities taking place in a firm can assure super-normal profits to the same. Nonetheless, both these theories encompass many others within themselves (Hirschey, 2009, p. 12). Of them, tho two belonging to each type, will be discussed underneath, namely, frictional profit theory and innovation profit theory. The discussion will involve comparison amidst the two concepts inclusive of evidences in support of the logics underlying them.Frictional theory of profit, as the name suggests, is the generation of super-normal profits due to frictions present in the economy. These are untimely events, leading to shocks in the market and thus confusing the normal state of the market. An industry is often characterised by a large number of buyers and sellers, so that there is no scope to earn super-normal profit. However, a sudden shock might shift the

Lecture review Movie Example | Topics and Well Written Essays - 750 words

Lecture - Movie Review ExampleJudaism has and continues to be the true identity of a Jew despite it just being a religion which over time has closely intertwined with their culture and to a greater degree act as a seam that holds the whole nation of Israel together. just about notably is the role of Judaism in legalizing or illegalizing certain food components and at the same time determining the calendar used in that part of the humanity despite the rest of the world use of a totally different system. In addition, the preservation of the Hebrew language is mainly attributed to ardent following of Judaism. In as much as Judaism continues to be a pillar of the Jews in more ways than one, it cannot be referred to as an ethnicity due to the fact that there urinate been new converts from other ethnic groups who have embraced Judaism despite it having arisen from Jews who are a single ethnic group. In their practice of monotheism to God, the Jews offer their service to God by means of adhering to the commandments set out in the five law books, academia, prayer and supplication in a bid to remain faithful to the commandment they made with God. hostile to a host of numerous world religions, Judaism is unique in the sense that it does not impose its beliefs on a population for them to acquire redemption. Rather, Judaism requires its followers and would be potential followers to practice Judaism as opposed to just confessing by word. The religion accepts new converts following adequate discernment by well-versed Judaism leaders and spectral directors. The credible and approved source of Judaic teachings is the Bible that is composed of the Five Law books written by Moses. Historical books about the rich history of the Jews. The prognosticative books which provide Gods promises of the thing to come and the writings from prominent and inspired leaders of the former time who in a way influence their destiny. In addition to the Bible, there exist other sources of re ligious teachings. These are the total of six volumes of debated and approved Jewish legislations, customs to be followed by both Jew as well as the laws to govern them called the Mishnah. The other source is the Gemara which is a record of debates from former rabbis, conversations and commentaries by the then teachers of law. In essence the two special reference documents are referred to as the Talmud, which has continued over time to be an authority in as far as teaching Judaism is concerned. The daily invigoration of a practicing Jew is centered on the family and it generally includes prayers, which are carried out at tree specific times of day in accordance with the teachings morning time, in the afternoon, and at as the sun sets.(Kalmin et al, 2003) This is blended by communal times of worship, the religious observances that are held in the synagogues which are their sacred places of worship and are conducted by a rabbi, a cantor or a knowledgeable member of the congregatio n or a well schooled religious teacher who has attended a religious Jewish formation house. Other rituals that Judaism practicing adherents partake include circumcision of all their male children on their eight day after birth, in accordance with the bargain that was made between the Jews and God and carried out by Moses. It is regarded as a physical sign of tjheir covenant and in Hebrew is referred to as

How to succeed at team-building Essay Example | Topics and Well Written Essays - 2000 words

How to succeed at ag grouping-building - Essay ExampleOrganisational behaviour encompasses many atomic number 18as including employee engagement, employee motivation, communication, personality development and so on. This paper volition review the article How to succeed at team-building written by Martin Goodwill (n.d.) using some theories and concepts in the area of organisational behaviour. Literature review As the backup indicates, the given article specifically focuses on the aspect team building. Team building is a management approach whereby employees are considered as interdependent team members instead of individual becomeers. As scholars point out, team building encompasses a wide range of activities ranging from simple bonding exercises to multi-day retreat programmes designed for improving the general performance of the team, and ultimately the organisation. In a business context, the process of team building falls under the framework of organisational development. M ajority of the organisations shape their day to day operations in a way team building is enhanced. A strong and efficient leadership is necessary to improve the team dynamics. The article author strongly says that employee engagement is an integral part of successful team building. ... Tuckmans model The forming, storming, norming, and performing model of group development was developed by Bruce W. Tuckman in 1965 based on his 50 studies of group behaviour. Tuckman argues that all these stages of group development are essential for any team to address problems, deliver desired results, and to elevate further. The Tuckmans model is particularly concerned with the way individuals would behave when they work together in a group for the offshoot time or when they are assigned with a challenging task like diversity training. This model is greatly helpful for team members to get a clear view of the group dynamics while working in professional contexts. It is also useful for group leade rs to monitor their groups development when their group members are resistant to change. Forming is the first stage of team building and is initiated for the completion of a particular task and during this initial stage, team members pay specific attention on team organisation, work schedules, and meetings (Clements & Jones 2008). They try to collect information about each other and to avoid serious feelings for ensuring smooth flow of the team building process. At this level, individuals behaviour whitethorn be influenced by their aspiration to be accepted by others (ibid). This is what Goodwill call employee engagement in his article. Since team members are extremely focused on themselves at the forming stage, proper employee engagement would bring desired outcomes. In the second stage (storming), the group discusses matter like how individual members can work on an individual basis and together to solve various issues and what leadership model they are about to follow. Referring to Goodwills views, a leader has an important role to play in

The impact of E-technologies on competition --river isaland Essay

The impact of E-technologies on competition --river isaland - Essay ExampleThe involvement of e-technologies in business activities is reviewed in this paper. fierceness is given on a particular manufacture, the clothing exertion. The firm River Island, an important competitor in the global clothing industry is employd as an drill in order to explain the potential value of e-technologies for the clothing industry, especially in regard to the industrys competitiveness. 2. The impact of e-technologies on competition River Island 2.1. violation on consumers The use of e-technologies in business activities has been related to a series of benefits. E-commerce is a term used for showing the network of technologies available to businesses that choose to use Internet for expanding their operations (Morley and Parker 2009). Through e-commerce consumers accommodate a series of benefits a) they privy have access to a higher range of products and vendors (Bushry 2005) b) they are able t o patch up their shopping without leaving their home (Bushry 2005) the convenience related to e-commerce has been characterized as one of this schemes major advantage c) as noted above, through e-commerce consumers have access to a high range of products as a result, the range of prices involved is also high (Bushry 2005) this means that e-commerce offers to consumers the advantage of choosing among products of various prices (Bushry 2005). In addition, through e-commerce consumers are able to compare among products of different prices and identify the products of the desired price (Bushry 2005). The comparison of products in regard to their characteristics and price is one of the most important features of e-commerce (Qin 2009) it seems that collect to this feature the popularity of e-commerce as a business tool has been signifi sewertly increased the last decade (Qin 2009) d) Another important feature of e-commerce is the following one because of e-commerce consumers can have a ccess to valuable information in regard to products/ services available online (Bushry 2005). This type of information would not be retrieved unless through appropriately customized websites. From this aspire of view, it could be stated that e-commerce has led to the increase of power of consumers, an issue that is also discussed in the next section. 2.2 Impact on Pricing & Profits The use of e-technologies can highly affect the performance of clothing industry. However, in order to understand the potentials of the industry to increase its competitiveness it would be necessary to present and evaluate the industrys competitive environment. The Five Forces model of Porter would be used for developing this task. In the context of the above model, the global clothing industry has to grammatical case five forces a) pressures from suppliers there are specific countries that are involved in the global tog industry in fact, China and EU are the industrys major exporters, Figure 1 still, the industrys prices are kept at standard levels the industrys suppliers are not judge to press for an increase in price, at least since the number of potential suppliers is high, as indicated in Figure 1 below. Figure 1 Exports in the apparel industry (Source Fernandez-Stark, K., Frederick, S. and Gereffi 2011, p.10) b) Consumers e-commerce has allowed consumers to become more independent in regard to the review and ordering of products/ services

Health Care Administration Essay Example | Topics and Well Written Essays - 2500 words

Health Care Administration - Essay ExampleThe current reform efforts in health professions education also focus on instructing members of the health shell out profession to work in interdisciplinary teams. This entails collaboration and integration of services and expertise in order to ensure that care is continual and reliable (Peterson, 2003). Employing evidence-based practice, according to IOM, involves integration of best evidence and researches with clinical practice in order achieve optimum care for the patient. This encourages various health care students and professionals to participate in learning and research activities to the extent feasible (Peterson, 2003). The IOM also discussed that health professions education integrate quality improvement practices into health care practice. This involves having to make the different errors and dangers in care, understanding safety design principles, continually understanding and measureing quality of care in terms of structure, p rocess, and outcomes in relation to patient and community need(Peterson, 2003). Finally, according to the IOM, members of the health care profession should be instructed on the use of informatics. This will help ease communication, easily manage data and information, and mitigate errors in the practice.The past 50 years in American history have yielded various changes in the health care practice. The cost of healthcare and the increase in health care allocation by the government and various investors have given birth to various improvements and innovations in the rehabilitation and care of patients. These new engineering and new medical checkup practices however have yielded various issues on quality and effectiveness of health care. The 1990s have produced various studies and reports revealing that advances in medical practice have not improved the quality of health care services for Americans. Medical errors

Family Law Essay Example | Topics and Well Written Essays - 2500 words - 3

Family Law - Essay Exampleof marriage relationships3 have made fairish redistribution of financial assets on divorce a dash task to judges, while the legal advisers and parties remain largely uncertain of the outcome.The present research attempts to understand the legal developments concerning ancillary relief over the past ten-spot years in England and Wales, and analyse to what extent they have been successful in achieving a fair outcome for the parties concerned in such applications. Given the incident that a fair outcome in a claim proceeding is influenced by the legislative coverage, the courts approach in interpreting the sustenance and the complexity rules and procedures, the review of legal developments shall essentially consider the major changes to the legislation, the major developments in case law as well as the changes to the rules and procedures towards achieving a fair outcome for the parties.Ancillary relief the apportioning of financial assets and income of the parties to the marriage remains one of the major issues to be resolved on divorce. The basic law and discriminative considerations for ancillary relief are contained in Part II of the Matrimonial Causes Act (MCA) 1973, amended by the Matrimonial and Family Proceedings Act 1984 imposing a clean break obligation on the courts. Statutory improvements have been impacted the provisions, a review of which shall be endeavoured.The 1973 Act provided courts with the power award maintenance and present lump sums via division of income, but more significantly to make property adjustment orders, enabling capital division of assets.4 While this by itself was revolutionary reforming measure,5 as traditionally ancillary relief was limited to only income, the Act made no mention of the pension rights of the spouses, except merely stating it as a benefit for consideration while dividing family assets. Considering the fact that during the marriage both parties would have looked to it as a joint fu nd for their