Value of college education essay
Good Topic For A Research Paper Bu
Tuesday, August 25, 2020
Writing For Magazines
Composing For Magazines Composing For Magazines Composing For Magazines By Sharon Theres more to composing for magazines than getting your name into Cosmopolitan. A huge number of new magazines are propelled each year and its a major market for independent scholars. Truth be told, its significantly greater now that such a large number of magazines have an online nearness. All in all, how would you approach composing a magazine article that will sell? What Magazine Articles Do I concede, I didnt know this when I composed my first magazine article, yet most magazine articles do one of four things. They advise, adding as far as anyone is concerned about a subject. They help you to take care of an issue. They convince you about a specific perspective. They engage you. A few articles accomplish more than something or other simultaneously. Step by step instructions to Structure A Magazine Article When youre prepared to compose then you have to consider structure. With magazine articles, you can move past the modified pyramid of news. Rather, you can work to a significant point or disperse significant focuses all through the article. Disclose to A Story The key thing to recall is that youre recounting to a story to your perusers. That implies you need a start, a center and an end. It likewise implies you have to consider where youre taking your peruser and make a legitimate way to that end point. Starting Your Magazine Article The primary thing you have to do is get individuals to peruse your article, so you have to figure out how to snatch them. At the point when I talk with individuals, I regularly start the subsequent article with a statement or a story from their life. Be that as it may, you can likewise put things in place or use whatever will get consideration. The Middle With most magazine articles, you converse with an individual or individuals. Individuals like finding out about others, so if your interviewee says something great, utilize a statement as opposed to revealed discourse. This makes your magazine article all the more intriguing. Consummation Your Magazine Article At last, end with a blast. This could be a significant point, a disclosure, or another account or statement. The thought is to fulfill your peruser and to get that peruser inspired by your other composition. Additional Credit At the point when you research an article, you regularly have data left over that didnt make it into the primary piece. Dont dispose of this. Use it to make a sidebar or table (editors will cherish this), or as the beginning stage for another article. Need to improve your English in a short time a day? Get a membership and begin getting our composing tips and activities every day! Continue learning! Peruse the Freelance Writing classification, check our mainstream posts, or pick a related post below:Regarding Re:Loan, Lend, Loaned, Lent10 Tips About How to Write a Caption
Saturday, August 22, 2020
Communication Essay -- Effective Communication, Barriers
This task examines obstructions to, and techniques for, successful correspondence with individuals who are confounded by considering my involvement with speaking with an old befuddled patient. In particular, and inside the extent of this task, I ponder two strategies for viable correspondence with old befuddled patients; one verbal (reality direction) and one non-verbal (contact). During my first situation I was solicited to aid the consideration from Elsie (nom de plume), multi year old woman admitted to medical clinic with a break to her hip and a urinary tract contamination (UTI). Elsie was experiencing successive occasional scenes of disarray; anyway this was not because of an analyzed subjective issue. Manos and Braun (2006) and Keenan (2011a) state that older patients with a bone break or an UTI regularly present with disarray; which is a confusion of cerebrum work (Manos and Braun, 2006). The old are progressively inclined to disarray when they are sick in light of the fact that, with expanding age, kidney size and renal blood stream decline causing a decrease in renal edge (Keenan, 2011b). When Elsie was in a confounded state I thought that it was hard to decipher what Elsie was attempting to convey to me since her reactions to my inquiries didn't bode well. When speaking with Elsie I deliberately utilized the undivided attention SOLER (Sit square-on, Open stance, Lean forward, Eye contact, Relax) model (Egan, 2010) that I had been instructed at University. I utilized this to show Elsie I was tuning in and to assist me with attempting to comprehend what Elsie was imparting. I felt disappointed on the grounds that despite the fact that I utilized SOLER, hindered my ordinary pace of correspondence and rehashed what I was stating, Elsieââ¬â¢s reactions despite everything didn't bode well. The National Health Service (NHS, 2... ...throbbing on a patientââ¬â¢s individual space. I ought to along these lines utilize a quiet consoling voice with the utilization of touch. I think that its soothing to realize that Oliver and Redfern (1991) state that the utilization of touch is an aptitude that can be gained and learnt. Considering my experience speaking with Elsie I have found out around two correspondence strategies (reality direction and the utilization of touch) that will assist me with conveying all the more viably with an old confounded patient. I have acknowledged I have to discover increasingly about utilizing expressive touch in correspondence and the utilization of other verbal and non-verbal methods that can help in speaking with old confounded patients, for example, powerful utilization of paralinguistic correspondence. This will give me more noteworthy trust in speaking with older befuddled patients since I will have extra systems to bring to the circumstance.
Wednesday, August 5, 2020
Multilingual Create a Secondary Language Profile on LinkedIn®
Multilingual Create a Secondary Language Profile on LinkedIn ® Are you bilingual or multilingual? The general rule on LinkedIn ® is that you may only have one profile; having multiple profiles is a violation of the Terms of Service that could get you booted off the site. However, there is one exception to that rule: the Secondary Language Profile. As of January 2013, over 64% of LinkedIn ® members are located outside of the US. Because such a large portion of users are multilingual and interested in connecting with people both inside and outside of English-speaking countries, LinkedIn ® allows users to set up additional LinkedIn ® profiles that cater to secondary languages. LinkedIn ® supports the following languages: English | Czech | Danish | Dutch | French| German | Indonesian | Italian | Japanese | Korean | Malay | Norwegian | Polish | Portuguese | Romanian | Russian| Spanish | Swedish| Tagalog | Turkish Click here for a list of languages supported by LinkedIn ® mobile applications. NOTE: You cannot change the default language of your profile once youve set it up in a particular language. Its recommended that you set up a secondary language profile instead. Creating a Profile in Another Language To create a profile in another language, go to your Profile page and click the down arrow to the right of your Edit Profile button. Select Create profile in another language: Choose your language from the dropdown menu: Youll also want to update your Professional Headline. Then click Create Profile. The language you select will determine the default language for your profile display and also the language in which you will receive messages from the LinkedIn Corporation. Content and messages will always be displayed in the language in which they are written. LinkedIn ® does not translate content or messages for you, so you will need to go through each section and update all necessary fields. Remember to save each section before continuing onto the next. When a member signs in to LinkedIn ® and views your profile, they will see it in the language you chose when you set up your account; or, if you have multiple profiles in several languages, viewers will see the one most relevant to them. The viewer has the ability to choose from your language profiles by selecting one from the dropdown menu underneath your profile photo. All of your language profiles will show up in search engines and have their own URL. You can also delete a secondary language profile by select the language from this dropdown list. Just select Delete this profile link and click Delete. Let me know if this article was useful to you! Also note that the inspiration for this topic came from a question submitted by one of my readers so please do contribute your ideas if you have them! Finally, a Bonus Tip on Secondary Language Profiles has been added to the 7th Edition of How to Write a KILLER LinkedIn Profile coming soon!
Saturday, May 23, 2020
The Explicit Oppression, And Societal Disadvantages...
The explicit oppression, and societal disadvantages experienced by racial and ethnic minorities in the United States are those that are a product of past racism and discriminatory practices based on prejudice towards the collective minority groups. Although many of the explicit discriminatory practices based on race are frowned upon in the U.S. today, that does not suggest that they do not still exist. The racism of contemporary times has only shifted form and is used against minorities in the form of institutionalized and societal racist practices. The maintenance as well as protection of the white supremacy is the key driver behind past and contemporary forms of racism and discrimination. In Heteropatriarchy and the Three Pillars ofâ⬠¦show more contentâ⬠¦At the time of slavery, in order to create this process, whites used phenotypical differences between blacks and whites to dehumanize and make blacks seem inferior to whites. Some of these examples of the degradation of bla cks based on phenotype are the differences in genitalia ââ¬Å"observedâ⬠by white scientists and used to explain blacks as being sexually deviant, meaning they were a threat to the maintenance of white supremacy. This logic of slavery for blacks still holds true today but just in a different form. This being in the form of institutionalized practices of racism; which mimic slavery in that they are a method of putting the black race at a disadvantage and creating profit from them.. In The Strange Enigma of Race in Contemporary America by Bonilla-Silva indicated that the racist practices of today that put primarily blacks at disadvantage, have shifted away from the overt slavery/Jim Crow styles of racism, and have shifted to a new racial ideology that Bonilla-Silva calls color-blind racism. Bonilla-Silva writes, ââ¬Å"...Instead whites rationalize minorities contemporary status as the product of market dynamics, naturally occurring phenomena, and blacksââ¬â¢ imputed cultural limitations (pg.2).â⬠Overall meaning that today,Show MoreRelatedSociological Event Analysis : Michael Brown2123 Words à |à 9 Pagesevents of the day that led to Michael Brown s death. It does, however, illustrate how Brown was raised in a society where black men are suspect, where systematic inequalities in education and economic difficulties have formed intergenerational disadvantage. ââ¬Å"The need for greater vigilance in assessing the specific ways in which social values and attitudes affect professional behavior is clearly indicatedâ⬠(Brandt, 1978, p. 27). Given a sociological perspective, this event demonstrates a variety ofRead MoreThe, No Liberty Without It2378 Words à |à 10 PagesIt could be stated that there are various biases involved in prejudice and discrimination and that these biases are culturally conditioned. This implies that preconceptions are developed or learned as children grow up while observing their local, societal environment. This is e xemplified in economic competition theory and the authoritarian personality theory discussed in more depth later. As the socialization process progresses, between the ages of six and seven, stereotypes can be embedded in aRead MoreExposing Racism During The United States Of America3091 Words à |à 13 Pagesbeliefs, issues on race can easily arise. Racism in America has a long and complicated history. It started as an ideology, but now can be expressed in ââ¬Å"institutional patterns or social practicesâ⬠(Fredrickson, 2002, p. 151). There are implicit and explicit forms of racism that affect a wide group of people. Also, It can lead to severe physical, emotional and mental complications. The adversity that follows racism is overwhelming. For this reason, there has been much research, analysis, and counselingRead MoreCross Culture Analysis Based On Comparative Studies2307 Words à |à 10 Pagesreligion, social structure, and cultural complexity, can only be explained at the societal level. â⬠¢ These analysis have an objective approach as the person who collects data and the theory tester are different individuals, therefore it safeguards a researchers against making any biases knowingly or unknowingly â⬠¢ Cost effective studies. â⬠¢ Efficient studies DISADVANTAGES There are disadvantages of this analysis but the advantages associated with it overpower those shortcomingsRead MoreRacism and Ethnic Discrimination44667 Words à |à 179 Pagesto access to development for Indigenous and Afro-descendent Peoples, having to do with difference that go beyond socioeconomic factors, and that moreover, reinforce ethnic subordination. UNDP, Guatemala. 2005. 6 This is a doctrine based on the explicit recognition of cultural diversity is established in conformance with equality of citizenship. It recognizes the existence of collectives that are historically and culturally different from the cultural group that has been in power, to which onceRead MoreOrganisational Theory230255 Words à |à 922 Pages1 Table 6.2 Table 6.3 Table 9.1 Table 9.2 Table 9.3 Table 10.1 Table 10.2 Knowledge constituting philosophical assumptions Hierarchy of science and organization theory Fatalism and optimism in the ââ¬Ënewââ¬â¢ modernist organization Bellââ¬â¢s stages of societal development Fordism vs. post-fordism The incidence of part-time work in European Union member states Modernism versus postmodernism Affirmative versus sceptical postmodernism The changing condition of knowledge Pay and profits: Long run performanceRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 Pagesincluded in a long twentieth century (and perhaps even if it is not), migration served as a mode of escape from oppression and poverty and, in many instances, as an avenue toward advancement for an unprecedented number of people that soared well into the hundreds of millions by centuryââ¬â¢s end. But for a clear majority of these migrants, movement was coerced by flight from war and oppression or was enticed by labor recruiters who preyed on the desperately poor. The prospects for the great majorityRead MoreManagement Course: MbaâËâ10 General Management215330 Words à |à 862 PagesMcGrawâËâHill Companies, 2004 9 CHAPTER 1 NEW MANAGEMENT FOR BUSINESS GROWTH IN A DEMANDING ECONOMY 9 Dell. This has also been a basis for the resurgence of great technologydriven corporations such as IBM from the severe down cycles it had experienced. This marriage of leadership and technology capability can also be credited for the success of E-Bay. Some astute investors and managers long ago figured out this power of management capital in establishing their valuations of growth companiesââ¬âandRead MoreDeveloping Management Skills404131 Words à |à 1617 Pagesstudents we can state with confidence that the form of active learning pioneered in this book is a proven pedagogy for management skill mastery. Tips for Getting the Most Out of This Course Whether you are an undergraduate or MBA student, or an experienced manager, based on our years of teaching management skills here are some suggestions for making this course a personally meaningful learning experience. â⬠¢ Read the introduction carefully. Inasmuch as this is not a typical management textbook, it
Monday, May 11, 2020
Wednesday, May 6, 2020
Law Case Study Wholesome Vegetables Ltd Free Essays
string(65) " into voluntarily and involved ââ¬Ëa genuine meeting of mindsââ¬â¢\." INTRODUCTION A contract has been defined as a legally binding agreement or, in the words of Sir Frederick Pollock: ââ¬ËA promise or set of promises which the law will enforceââ¬â¢. However, not all promises or agreements give rise to contracts. According to the case study, Andrew, who works as a salesman at Wholesome Vegetables Ltd, offering to sell Ben 100 bags of potatoes at ? 10 per bag. We will write a custom essay sample on Law Case Study Wholesome Vegetables Ltd or any similar topic only for you Order Now At first Ben accepted Andrewââ¬â¢s offer but when he heard the news about a slump in the price of potatoes which has fallen to ? 7 per bag, he refuses to accept delivery of Andrewââ¬â¢s pricey potatoes. Therefore there are some issues discussed based on this situation. The discussion includes the requirements that must be met for a contract to exist between Andrew and Ben, the legal effect of Andrewââ¬â¢s fax and Benââ¬â¢s letter and the explanation of Benââ¬â¢s text message. QUESTION 1 A contract has many definitions, but one of the simplest definitions for a contract is a ââ¬Å"promise enforceable by lawâ⬠(Michael. H, 2010). The promise may be to do something or to refrain from doing something. The making of a contract requires the mutual assent (agreement) of two or more person, one of them normally making an offer and the other accepting it. If one of the parties (persons) fails to keep his or her promise, the other is entitled to legal recourse against that person. There are seven requirements necessary for a contract to be valid (Riches. S,2009): 1. Agreement The first requisite of any contract is an agreement. At least two parties are required; one of them, the offeror, makes an offer which the other, the offeree, accepts. In this case, Andrew is the offeror and the offeree is Ben. 2. 1 Offer An offer is an expression of willingness to contract made with an intention that it shall become binding on the offeror as soon as it is accepted by the offeree. A genuine offer is different from what is known as an ââ¬Å"invitation to treatâ⬠, i. e. where a party is merely inviting offers, which he is then free to accept or reject. The following are examples of invitation to treat: auction, display of goods, advertisements, mere statements of price and tenders. An offer can be terminated by acceptance, rejection, revocation, counter offer, lapse of time, failure of a condition and death. 2. 2 Acceptance Once the presence of a valid offer has been established, the next stage in the information of an agreement is to find an acceptance of that offer. The acceptance must be made while the offer is still open. It must be absolute and unqualified. 2. Consideration The mere fact of agreement alone does not make a contract. Both parties to the contract must provide consideration if they wish to sue on the contract. This means that each side must promise to give or do something for the other. 3. 3 Executory consideration Consideration is called ââ¬Å"executoryâ⬠where there is an exchange of promises to perform acts in the future, eg a bilateral contract for the supply of goods whereby A promises to deliver goods to B at a future date and B promises to pay on delivery. If A does not deliver them, this is a breach of contract and B can sue. If A delivers the goods his consideration then becomes executed. 3. 4 Executed consideration If one party makes a promise in exchange for an act by the other party, when that act is completed, it is executed consideration, eg in a unilateral contract where A offers ? 50 reward for the return of her lost handbag, if B finds the bag and returns it, Bââ¬â¢s consideration is executed. There are some rules governed in consideration. Consideration must not be in the past. If one party voluntarily performs an act, and the other party then makes a promise, the consideration for the promise is said to be in the past. Past consideration is regarded as no consideration at all. Consideration must move from the promise. If A (the promisor) makes a promise to B (the promise), the promise will only be enforceable (unless made in the form of a deed) if B can show that he has provided consideration in return for Aââ¬â¢ promise. Consideration must not be illegal. The courts will not entertain an action where the consideration is contrary to a rule of law or is immoral. Consideration must be sufficient but need not be adequate. It must be possible to attach some value to the consideration but there is no requirement for the bargain to be strictly commercial. . Intention The parties must intend the agreement to be legally binding. The nearest the courts can get to discover this intention is to apply an objective test and judge the situation by what was said and done. The law divides agreements into two groups, social ; domestic agreements and business agreements. 4. Form Some contracts are indeed in writ ing but the majority are created much more informally either orally or implied from conduct. Generally, the law does not require complex formalities to be observed to form a contract. Some types of contracts which are exceptions to this rule. They are contracts which must be in the form of a deed, contracts which must be in writing and contracts and contracts which must be evidenced in writing. 5. Capacity Capacity is also one of the requirements for a contract to be valid. The parties must be legally capable of entering into a contract. There are, however, some groups of people who are in need of the lawââ¬â¢s protection either because of their age or inability to appreciate their own actions. The groups which are covered bu special rules are those under the age of 18 (minors), mental patients and drunks. . Genuineness of consent The most basic requirement of a contract is the presence of an agreement. It must have been entered into voluntarily and involved ââ¬Ëa genuine meeting of mindsââ¬â¢. You read "Law Case Study Wholesome Vegetables Ltd" in category "Free Case study samples" The agreement may be invalidated by a number of factors which are mistake, misrepresentation, duress and undue influence. 7. Legality The principle of freedom of contract is subject to a basic rule that the courts will not uphold an agreement which is illegal or contrary to public policy. Where the contract involves some kind of moral wrongdoing, it will be illegal. If, however, the conduct is neither immoral nor blameworthy, but simply undesirable, the contract will be void. A court may object to an agreement either because of a rule of common law or because it is contrary to statute. In a nut shell, all the requirements stated above must be met for a contract to exist between Andrew and Ben. Question 2 In the case study given, Andrewââ¬â¢s letter on the 21st February is considered as an offer in the law of contract. An offer is an expression of willingness to contract made with the intention that it shall become binding on the offeror as soon as it is accepted by the offeree. It is clearly stated that its an offer when Andrew wrote a letter to Ben, owner of the retail shop offering to sell him 100 bags of potatoes at 10 per bag. This is also known as a bilateral contract in the law of contract. An example to exemplify this case (Carlil v Carbolic Smoke Ball). Benââ¬â¢s reply on the 23rd February is acceptance. He replied accepting Andrewââ¬â¢s offer but adding that if he did not hear from Andrew, he would assume that the price included delivery to his (Benââ¬â¢s) shop. On the 24th February, the acceptance to be considered as an counter-offer introducing the new requirements. If in his reply to an offer, the offeree introduces a new term or varies the terms of the offer, then that reply cannot amount to an acceptance. Instead, the reply is treated as a ââ¬Å"counter offerâ⬠, which the original offeror is free to accept or reject. A counter-offer also amounts to a rejection of the original offer which cannot then be subsequently accepted. This can be seen in the case of ( Hyde v Wrench). Based on the case given, on the 24th February, before Benââ¬â¢s letter arrived. Andrew heard a rumour that the price of potatoes was about to slump dramatically. Andrew immediately sent a fax to Ben, stating that the price includes delivery. This is merely counter offering the previous offer. Therefore, when Ben also heard the news about the slump in the price of potatoes where upon he sent Andrew a text message stating ââ¬Ëdecline your offer of potsââ¬â¢ clearly shows that he varies the terms of the offer and it cannot amount to an acceptance. A counter-offer should be distinguished from a mere request for information. If A makes an offer on his standard document and B accepts on a document containing his conflicting standard terms, a contract will be made on Bââ¬â¢s terms if A acts upon Bââ¬â¢s communication, example by delivering goods. This situation is known as the ââ¬Å"battle of the formsâ⬠. An example to this is the case of (Stevenson v Mc Lean). Wrapping up the case, in the case of Andrew v Ben, it is undoubtedly seen that counter-offer takes place and hence Benââ¬â¢s is competent to reject the delivery of Andrewââ¬â¢s pricey potatoes. Question 3 On 24 February before 10 a. m, Andrew heard rumors about the price drop in potatoes market. He immediately send a fax to Ben stating that ââ¬Å"price include deliveryâ⬠. This shows that offeror had sent a fax to offeree just to provide additional service without extra charges. As Ben already accept the offer on 23 February, and the offer is now ? 10 per bag of potatoes including delivery fee with extra service provide. The contract is still accepted by Ben and just added additional services which show in fax ââ¬Å"price include deliveryâ⬠as additional contract terms confirm that Andrew will provide ? 10 per bag of potatoes including delivery fee. Even if offeree does not want to accept additional terms from offerer, offeree is still in a previous contract position which is accepting the contract. On 24 February after 10 a. m, Ben had receive a fax from Andrew which stated that ââ¬Å"price include deliveryâ⬠. Ben accepts the offer of Andrew for ? 10 per bag of potatoes includes delivery, and so Ben posted a letter to confirm his acceptance of Andrew terms. When a letter is posted, the acceptance of the contract is consider accepted. According to Postal Acceptance Rules, once the letter is posted, it is consider as acceptance no matter it reached the offeror or not at that time (Duhaime, n. d. ). There is a similar case of Postal Acceptance Rule: Household Fire Insurance Co. V. Grant. During 30 September 1874, Grant had applied for 100 shares from Household Fire and Carriage Accident Insurance Company Ltd. The company had accepted Grant offer and allotted him 100 shares on 20 October 1874 which using letter posted the confirmation to Grant address. However, the letter does not reach Grant address which means Grant did not receive the acceptance letter from Household Fire Insurance Company. Grant though that his offer for 100 shares has not been approved. On March 1877, Grant received a letter demanding payment upon the call of 100 shares. The jury also found that the letter of Grant allotment had been posted on 20 October 1874. For the above case Fire Insurance Co. V. Grant, the court concluded that there was a valid contract base on the Postal Acceptance Rule. Because the rule for post is the acceptance is effective even if the letter did not arrive to the parties. The Postal Acceptance Rule is design to prevent anyone try to opt out of the rule, once someone posted acceptance, the contract had came into effect. This rule can apply to Ben and Andrew case, which Ben posted a letter which confirms the acceptance of the contract terms between Andrew and Ben. Which means once the offeree posted the acceptance letter, the contract is consider bound to the offerer. However, over the lunch time, Ben also heard news about the slump price in potatoes market. Ben immediately sends a text message stating that ââ¬Å"decline your offer of potsâ⬠to Andrew. This means that after Ben knew about the slump price in potatoes, he send text message to Andrew to reject his offer. This text message is come secondly after the letter posted. According to Postal Acceptance Rule the counter acceptance or rejection will only be replace if the parties mention it from their contract, required receive by offeror in order to be treat as acceptance (Corrigan, 1997). There is a similar case of replace acceptance ââ¬Å"Entores V. Miles Far East Corpâ⬠. Entores and Miles Far East Corp are communicated trade agreements through Telex machine. Entores was base in London and send telex for purchase of copper from company Miles Far East Corp base in Amsterdam. Entores found out that Miles Far East Corp was not fulfilled the contract and sue the Corp for damages. Entores sue Miles Far East Corp for breach of contract in English law jurisdiction. It could prove that the contract was formed within the jurisdiction. The court concluded that, when offer is made by telex or text message, the offeror must receive the acceptance. If the offeror is receiving the telex, it is consider contract is bound. This same goes to the letter of Ben post, even if the letter is not reached Andrew, the contract of acceptance is considered to be bound. The text message send by Ben afterward is decide by Andrew either to be accept or to be reject the rejection from Ben. The contract of Ben and Andrew is still ? 10 per bag of potatoes includes delivery is already accepted by Ben. According to Ben and Andrew case, when the price of potatoes drop to ? 7 per bag, Andrew immediately counter offer to Ben include delivery, Ben accept Andrew terms before knowing the price drop in Potatoes. After that, Ben realise the price drop of potatoes, he reject the offer and refuse to accept delivery of Andrew pricey potatoes. If offeree refuses to accept the delivery of offerer pricey potatoes, offeree will be breaching the contract terms and fall under offer acceptance law case. As the contract of Ben and Andrew is ? 10 per bag of potatoes include delivery which is accepted by Ben. The contract is still active between Ben and Andrew, once the contract is bind between offeror and offeree is not able to revoke. The following rejection by text message from Ben to Andrew is considered as another term of new offer contract which needed Andrew to be accepting. However, Andrew didnââ¬â¢t reply the acceptance of Ben rejection. This means that, Ben have to stick to the first terms of ? 10 per bag of potatoes include delivery. If the case is bring to the court, mostly Andrew will win the case as according to the contract terms, Ben already accept the offer of ? 0 per bag of potatoes include delivery. The offeree (Ben) had accepted the offer at first and the counter rejection of offeree will not be taken in place if the offeror (Andrew) did not want to accept the rejection from offeree. If the offeror (Andrew) did not accept the counter rejection, it consider as Ben accept the offer and need to purchase ? 10 per bag of potatoes include delivery from Andrew for 100 bags . If Ben is still refuse to accept the Andrew offer, Ben will need to pay compensation to Andrew for breach of contract. Question 4 On 21st of February, Andrew is salesman at Wholesome Vegetables Ltd, who offered to sell 100 bags of potatoes at ? 10 to Ben, owner of retail shop. On 23rd of February, Ben replied accepting Andrewââ¬â¢s offer but adding the delivery to his (Benââ¬â¢s) shop into the price if he did not hear from Andrew. It means the price of potatoes is ? 10 per bag included delivery. On 24th of February, Andrew heard that the price of potatoes is going to fall down dramatically and later Ben is received a fax from Andrew stated that ââ¬Å"price include deliveryâ⬠. Before 10 a. m, Ben received Andrewââ¬â¢s fax and he accepted the offer of Andrew for ? 0 per bag of potatoes included delivery. After Ben sent a fax to Andrew about his acceptance, both of them already formed a contract of law. The issue appeared in this case when Ben knew about a slump in the price of potatoes over lunch, he sent Andrew a text message ââ¬Å"decline your offer of potsâ⬠and he was too late to revoke h is acceptance of Andrewââ¬â¢s term because they already made a contract after 10 a. m on 24th of February. The reason Ben wanted to revoke the contract because the price of potatoes in contract that Ben have to pay for Andrew is more expensive than after a slump in the price. Revocation is effective when it is communicated to the offeree before he or she has accepted the offer (Will and Weinstein, 2010) Revocation is one of termination of contract that has similar situation in this case: Byrne and Leon van Tienhoven [1880]. On 1st of October, Leon Van Tienhoven were defendants located in Cardiff, they sent a letter from their office to Byrne ; Co in New York offering to sell the plaintiffs 1,000 boxes of tin plates. On 11th of October, the plaintiffs immediately telegraphed acceptance of offer after they received the letter and it is confirmed in a letter posted on 15th of October. Meanwhile, on 8th of October, the defendants had written a letter to revoke their offer, and it came to plaintiffs on 20th of October. A binding contract was held, because revocation was only influenced by communication, however, the acceptance was telegraphed took effect as soon as it was sent. In this case, it took 9 days from 11th to 20th of October for plaintiffs to received revocation. On 11th of October, the contract had been made already at that time the second letter form defendants reached the plaintiffs. The contract had been existed in this case when the claimants accepted the defendantsââ¬â¢ offer at that date. Lindley J, who was giving judgment for plaintiffs, stated that ââ¬Å"the extreme injustice and inconvenience which other conclusion would produceâ⬠(Cheshire, Fifoot ; Furmstonââ¬â¢sLaw of contract, 1996). This issue happened because the letter of revocation had no communication to the offeree. According to Introduction to the law of contract, the offer could be revoked by offeror without telling offeree, and the information may be conveyed by a reliable third party. In the case of business, a letter from offeror to offereeon a normal working day should be treated as a communication even if unopened (Cheshirem, Fifoot;Furmstonââ¬â¢s Law of contract, 1996). Held: In this particular case, Lindle J had no authority in fact given by the plaintiffs to defendants to inform a withdrawal of their offer by posting the letter, the fact is the letter of the 8th of October is be treated as communicated to the plaintiffs on that day or any day before the 20th. Conclusion In conclusion, Ben has a legal binding contract with Andrew. According to the case of Andrew v Ben, it is noticeably seen that the whole cased is based on the law of contract. A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock:â⬠A promise or set of promises which the law will enforceâ⬠. The agreement will create rights and obligations that may be enforced in the courts. It is classified as a contract is deed and it is known as a bilateral contract. This imply where a promise of one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. The elements involved in the contract are agreement, consideration, intention to create legal relation and consent. A contract which possesses all these requirements is said to be valid. The absence of an essential element will render the contract void, voidable or unenforceable. The terms of the contract is Ben accepting 100 bags of potatoes for ? 10 per bag of potatoes including delivery fee from Andrew. If let say offerer (Andrew) accept the rejection of offeree (Ben) text message, the acceptance contract will be terminated. However, if offerer (Andrew) still deciding to supply the stock of potatoes to offeree (Ben), Ben would have to purchase the 100 bags of potatoes with ? 10 per bag of potatoes including delivery fee. On the other hand, if offeree (Ben) refuses to accept the 100 bags of potatoes with ? 0 per bag including delivery, offerer (Andrew) can sue offeree (Ben) for breach of contract. The probability of claimant (Andrew) could win the case is high as defendant (Ben) has proven accept the acceptance contract terms. In our opinion, this case study is related to offer and acceptance rules. The oferee (Ben) should accept the 100 bags of potatoes for ? 10 per bag of potatoes including delivery fee as offerer (Andrew) has an evidence of acceptance co ntract binding between Ben and Andrew. How to cite Law Case Study Wholesome Vegetables Ltd, Free Case study samples
Friday, May 1, 2020
The Giant Awakens Sheen Software Systems
Question: Discuss the Topic on the Giant Awakens for Sheen Software Systems. Answer: Factors that Make China a Successful Option for Delivering Xins Expectation Frank Xin selected China, for his offshore outsourcing. Several factors led China a successful option for delivering Xins expectation. He had used all the current appearance of the outsourcing industries in China. After that, he selected Shanghai, in China. Shanghai was selected as a place because of the buzz and due to the presence of some of his family ties. According to Xin, if Shanghai would be expensive for him to afford he will select any other city with tech parks that are nearby to Shanghai. There were two options before him such as to set up a captive office and entering into a joint venture (Zhang and Huang 2012). According to the first option, he can set up a captive office that would be a subsidiary for Sheen-US. The second option would help him in entering into a joint venture with any obtainable firm. In a deal with Shanghai, he would sign a contract and on the other hand Shanghai would help Xin in allocating some of its staff to Sheen, which is one of the most important advantages. Xin access China because he had multiple choices before him. Xins main concern is in Tech Park, which is situated in Pudang (Dou et al. 2013). The rate of Pudang is slightly cheaper in Shanghai as compared to other cities. Being an associate of Tech Park he will get many advantages such as monetary benefit, does not have to pay income tax, reduction on taxes, etc. All these factors were advantageous according to Xin for delivering his expectation. Therefore, he started setting up his offshore policy by presence the international IT outsourcing peak at an elegant hotel in Shanghai (Armalyte et al. 2013 Reason for Assessing China as Compared to other Possible offshore and onshore option Xin had used all the new appearance of the outsourcing companies in China. Firstly his concern was in Software Park in Pudang, which was a recently built region in eastern Shanghai. He found that Pudang rates are very low as compared to rest of the city. Pudang rates for Shanghai are 55 whereas rest of the city has 70-80. According to Dou et al. (2013), being an associate of a park that is related to software, even if he did not live there he can provide Sheen with monetary benefits such as income tax for the initial three years, 50% reduction in taxes for 5 years, etc. All these favorable factors led Xin to assess China as a location as compared to other possible offshore or onshore regions. Establishment of business relation in China is much important than surface level networking. The economy of China is flourishing at a faster rate while the culture is deep rooted in its history. Building relationships whether it is business related or not grows at a slower pace. For conducting business in China, one should need a local intermediary, an agent who can represent the interest, provide a right introduction, negotiate agreements, etc. Examining and insisting on all the points of supply chain management by continuing with the direct approach. This will be helpful in providing the requirements and needs of the company to the manufacturers ( Vaidhyanathan et al. 2013). Auditing the factory or factories and inspecting those products that are made by them on a regular basis. Therefore, Xin started setting up his offshore policy by attending the worldwide IT outsourcing meeting at an elegant hotel in Shanghai. The two-day conference mainly focuses on the offshore outsourcing. Sh anghai Municipal Foreign Economic Relation and Trade Commission, the Shanghai Municipal and Formalization Commission and other organization, organized the conference (Zhang and Huang 2012). Process to Set up Service in China There were many steps that Xin should follow in order to set up his outsourcing business in China. Xin has to proceed according to the following steps. Xin must follow all the above steps in order to set up his outsourcing business in China. The steps are: For conducting business in China, one should need a local intermediary, an agent who can represent the interest, provide the right introduction, negotiate agreements, etc. Secondly, it is very much important to choose the manufacturer of the product. Exhibitors include companies, which helps in making everything starting from electronics products to building material and chemical goods (Zhang and Huang 2012). Establishment of business relation in China is much important than surface level networking. The economy of China is flourishing at a faster rate while the culture is deep rooted in its history. Building relationships whether it is business related or not grows at a slower pace. Therefore, it is very much important to create a good bonding or business relationship for outsourcing business in China(Vaidhyanathan et al. 2013) Needs and requirements of the company must be properly stated to the manufacturer. Examining and insisting on all the points of supply chain management by continuing with the direct approach. This will be helpful in providing the requirements and needs of the company to the manufacturers (Dou et al. 2013) Auditing the factory or factories and inspecting those products that are made by them on a regular basis. Arranging for shipping of the product or products to the business or warehouse Xin must follow all the above steps in order to set up the outsourcing business in China. Therefore, he started setting up his offshore policy by attending the international IT outsourcing summit at a graceful hotel of Shanghai. The two-day conference mainly focuses on the offshore outsourcing. Risk Awareness and Preparation Plan Outsourcing Manufacturing to China can cause a huge threat to any business especially when the organization does not have any idea regarding outsourcing. The outsourcing operation is a cost effective move, but when companies are not aware of the intrinsic risks, then the operations costs more than the anticipated savings. This led suppliers and sharing channels at risk. Problems like misunderstanding, operational misconduct, ethical standards, etc. causes legal ethical and operational problems. There are many dangers, for which Xin have to be prepared. The dangers are: Exact requirement for quality control specification which is relayed to the full extent cannot be met. Sometimes, the product does not meet the import rules and regulation of the country, which can pose threat to the outsourcing business. Shipping delay creates problems because of which sometimes they are unable to do anything. To avoid this type of problems, Xin has to be careful. Employee theft and backdoor sales are considered dangerous for outsourcing business. Intellectual property is infringed if an individual is unaware how to protect himself in a foreign country. It is very much necessary to know how to save an individual in a foreign market (Vaidhyanathan et al. 2013) Manufacturing and shipping process get affected if an individual does not have belief in the religion and culture of China. One must believe in the religion and culture of China in order to flourish the manufacturing and shipping process (Handley and Benton 2012). Directly dealing with outsourcing goods are risky and poses threat to the survival of the company. Therefore, it is always suggested to avoid direct dealing outsourcing resources. Companies must be aware of the inherent risk otherwise, the supplier is cost and distribution channel of the outsourcing business gets affected. All the above problems can pose threat to the outsourcing business. Therefore Xin bust is aware of these threats in order to avoid them. Changes in the Early 2000s and Today that Contemplate the Decision taken by Xin Chinas outsourcing business is expanding at a faster rate. There is a huge difference in outsourcing business between the early 2000s and today. It affects the decision that is contemplated by Xin. By the year 2003, the Chinese market related to software started rising at a faster rate. Unlike the Indian industry, Chinese business enjoyed strong command domestically from the financial system that had been growing over the earlier decade. Around 2000, Chinese companies started showing their sights by augmenting their domestic demands in the unfamiliar markets. In the year 2003, China was probable to export around 15 millions of softwares that are known as outsourcing. 12 % of the total software exports are accounted by Shanghai. Shanghai is the home of software RD centers of HP. By the year 2010, the value of the offshore work amounts to $5.6. In 2016, Chinese companies started contracting outsourcing contract services that worth $ 130.9 billion (Handley and Benton 2012). Now, information expertise related services account mostly half off the offshore deals. The gains in the offshore market include IT sector, far outpace of the global markets, etc. Now, China has more than 6600 companies that provide outsourcing facilities to the foreign companies. The annual revenues made by the companies are more than 50 million. It became the second largest outsourcing provider after India. The state described the sector as Green Industry (Zhang and Huang 2012) Chinese outsourcing providers work with companies all over the world. The government of China is also supporting outsourcing business. The focus of the government is on the IT services. It is concluded that there was a huge change from the early 2000's in outsourcing business of China. The changes would affect those decisions, which are contemplated by Xin (Raj et al. 2016). References Armalyte, R., Subramanian, N. and Gunasekaran, A., 2013. WITHDRAWN: Quality issues in outsourcing to China: Is it still a sustainable competitive advantage?.Journal of Engineering and Technology Management. Dou, W., Qi, L., Zhang, X. and Chen, J., 2013. An evaluation method of outsourcing services for developing an elastic cloud platform.The Journal of Supercomputing,63(1), pp.1-23. Handley, S.M. and Benton, W.C., 2012. The influence of exchange hazards and power on opportunism in outsourcing relationships.Journal of Operations Management,30(1), pp.55-68. Raj, S.Y., Sathish, G., Kumar, C.S. and Sairam, R., 2016. A Quantitative Analysis of 3PL Providers and Their Workload in Automotive Industries.Middle-East Journal of Scientific Research,24(S1), pp.149-154. Vaidhyanathan, S., Dev, L. and Shattacharyya, D., Oracle Financial Services Software Limited, 2013.System and method for determining outsourcing suitability of a business process in an enterprise. U.S. Patent 8,392,240. Zhang, A. and Huang, G.Q., 2012. Impacts of business environment changes on global manufacturing outsourcing in China.Supply Chain Management: An International Journal,17(2), pp.138-151.
Subscribe to:
Posts (Atom)