Friday, January 31, 2020
Economics light Essay Example for Free
Economics light Essay Q1. Mention the problem? The problem of that case study is the organizational conflict i.e. every functional manager is trying to get his own interest; therefore, the working climate became disturbed. In other words, it is possible to say that it is a communication issue. Q2.What did sales managers do? The problem of the sales manager lies in focusing on getting more customers more than thinking of getting more profitable orders. Q3. What did manufacturing managers do?à The problem with the manufacturing managers consists in disordering of work steps, light color orders and dark color orders, which in turn wastes time and money. Q4. State your opinion to solve the problem? SOLUTION 1. Sales manager: He should modify the pricing policy for rush orders in a way that enables the company to exceed its breakeven point and get at least its profitable processing .i.e. to make a special price for rush orders. 2. Manufacturing manager: He should review the cleaning process and try to implement a more cost reducing efficient method. 3. General manager: * He should consider introducing a new machine, one for light color and the other for dark color, hence, reducing the cost of getting a new machine will be covered by eliminating the cost of cleaning and cost of time wasted. * He should ensure that the 250 workforce are aware of that every workers effort and role is step in many pre and post steps. Hence the notion of teamwork will prevail. * Every worker should be aware of not only his own task but also the tasks of all his coworkers to get the value of his own role and appreciate it so self esteem will prevail. * As for , the functional managers, especially, the manufacturing and sales managers should be aware of their critical position and try to be farsighted to the long runà objectives not only the short run. They should get rid of their personal interests and vision. They should cooperate and try to implement an overall objective. Done by Abdulla Talal Alsada BH05501669 SBI((FF))
Thursday, January 23, 2020
Jack The Ripper Essay -- Papers
Jack The Ripper In August 1888, the first of a series of murders was committed by a killer who became known as Jack the Ripper. To this day the identity of the killer remains a mystery. Five women were brutally killed in the East End of London, by a maniac who appeared to kill without warning and with no remorse. 1)What can you learn from Source A? Source A tells us that the two murders were aimed directly at the poorest people in East End at the time, and usually because of the poverty at that time, the women had to revert to prostitution so this tells us that the murderer had a great dislike for poor people or mainly prostitutes, but there was no clear motive for him to do it. It also tells us that these two murders had been done with an extra amount of effort, which later becomes his signature way of murdering, so that this informs us that the killer may not have had a motive, but he knew what he was doing, so he wasn't totally insane. 2)Does Source C support the evidence of Sources A and B? Sources B and C strongly support each other, while source A differs a little. Source B is the Coroner's report on the death of Polly Nicholls. In this, it says "No unskilled person could have known where to find the organs, or to have recognized them when they were found. No mere slaughterer of animals could have carried out these operations" and in Source C the report describes how Elizabeth Stride was killed and it shows that is was done in a professional way, taking care in all the way s that she was laid out to be found and the slice across the throat "cutting the windpipe completely in two" They agree with each other becau... ...them on wild goose chase. The detective methods were also slowly evolving, so no fingerprints, DNA tests or anything could be used as they were all in the early stages of their development. There were also differences in opinion. For example Mary Kelly- Dr. Bond though her time of death was between 1:00 AM and 2:00 AM, and Dr. Phillips thought that is was between 5:00 AM and 6:00AM. This didn't help the police with the evidence of the witnesses either. The primitive ways of the police and the fact that the Metropolitan Police didn't get along with the City of London police, they were un-cooperative so this slowed down things even further. When the first victim was killed, the commissioner of the Metropolitan police was out of the country, so the officers were left to figure things out for themselves whit no guidance.
Wednesday, January 15, 2020
Inventory Systems Summary
Forecasting is a planning tool meant to help management in their attempts to cope with the uncertainty of the potential events. Forecasting with indices is used for numerous reasons, especially in business. There are two common methods of forecasting, there is the quantitative method and then there is the qualitative method. The quantitative methods are based on more numerical data; these are typically statistical methods done by collecting data. Team D has computed a forecast based on the Summer Historical Inventory Data with an explanation on how the results were detained.The University of Phoenix has found Itself in a lot of trouble with the law, with law suits being filed against them left right and center; an overwhelming amount of crystals has been aimed at the Institution from the employees to students, who Indicate there Is trouble brewing In the Institution. In this paper we will look at how the trend of admissions has been affected and predict the future of registrations in this university (Summer Historical Inventory Data).According to Institution of education sciences (2010), the year 2000 University of Phoenix had 4,783; the enrollment after this sky rocketed and in fall 2006, the total number of students enrolled were 165,373, in 2007 fall, the number of students was 224,880, in 2008 fall the number was 301 323, In the fall of 2009, university of Phoenix had one of the highest enrollment rates in North America with the online program having an intake of 380,232 students.Projection statistics all indicate that enrollment of students Is on the Increase as the years pass by, the need for education Is growing ND all factors considered like gender, age and attendance all show that the likelihood of a fall In enrollment in universities granting degrees Is highly unlikely. University of Phoenix has been no exception to the rule as by 2009 the numbers have been increasing (Institution of education sciences, 2010).The rate of part time students NAS particu larly Increased, as many people opt Tort tans Upton as opposed to being full time students. The university has experienced changes in administration and has really focused on getting more and more students; the methods they have seed however have raised eyebrows as it is one of the highest profit raking institutions and burdens students with heavy loan repayments (Scott, 2009).While there have been concerns raised about the university, as far back as 2006, the numbers have kept rising especially because the offer classes online, though their many campuses and other hybrid programs online, such schedules are flexible and appeal to many who may not have the time to attend campus regularly; Students can get their associates, bachelor's, master's and doctoral degrees (Online degree reviews, 2011). Opinions from many people who have been through the university are however likely to affect the enrollment rates.In 2011, the general enrollment has gone down by about 30% by most statistics a nd with the malpractices that are coming to light this rate is likely to continue, as the needs of the students do not seem to be met adequately and many end up feeling they got a raw deal (Scott, 2009). University of Phoenix has certainly perfected the art of getting the numbers to the school with many people employed to ascertain this, however the problems begin to how after the students begin school as they most often do not get the full details of what they are getting themselves into (Online degree reviews, 2011).
Monday, January 6, 2020
A Problem Question on Contracts - Free Essay Example
Sample details Pages: 7 Words: 2086 Downloads: 6 Date added: 2017/06/26 Category Law Essay Topics: Act Essay Contract Law Essay Did you like this example? CONTRACTS Scope of Advice The following documentation will aim to provide legal advice to all parties and their contractual agreements formed prior. John Race horse trainer Ann à ¢Ã¢â ¬Ã¢â¬Å" Horse transport business owner The issues of determination of terms, material breaches and liabilities, will be discussed within this scope of advice. John Terms Agreed Clauses The express terms that had been agreed upon and signed on contract between John and Ann had been for the exclusivity of transportation and the inclusion of a 40% discount on all journey costs, for four years. Therefore, per parole evidence rule, restricts the extrinsic evidence that maybe considered by the court[1] however, sufficient evidence to give acceptance to a collateral contract or fair construction of the agreement, the above can be permissible.[2] Promissory Terms Johnà ¢Ã¢â ¬Ã¢â ¢s conduct with Ann in regards to the air conditioning that had been discussed prior to the singing of the contract could be seen to be a promissory term[3]. In this circumstance, statements that had been made by Ann to provide air conditioning had been connected to, but independent, of a main contract, as consideration for the pr omise[4], had been undertaken when John had initially signed the contract. There had also been prior discussion as to which Ann had made a statement to John à ¢Ã¢â ¬ÃÅ"not a problemà ¢Ã¢â ¬Ã¢â ¢ which, by an interpretation by a reasonable person[5], would be seen as a promise or assurance.[6] Collateral Contract The issue of whether Annà ¢Ã¢â ¬Ã¢â ¢s statements of promising to provide air-conditioned floats could be regarded as a collateral contract[7], which would allow for John seek necessary remedies for the breaches that had occurred. In order for this, it must be promissory in nature[8], have the intention to induce another party entry into the contract[9], have consistency with main form of the contract[10] and be made prior or during the formation of the contract[11]. As John and Ann had discussed the terms of having an air-conditioned float before the effects of signature, John satisfies these conditions, and can claim to have been proceeded in a collater al contract with Ann. If such a promise had not been made initially, then John would not have made Ann an exclusive transporter of his horses. Knowledge or Notice The second issue is the clause regarding limitation of liability. Limitation of liability in general terms would be expressly defined within the contract[12], in this circumstance, neither John, nor Ann had mentioned this clause. Terms that have been made available to a party before a contract is made can be incorporated into the contract, so as to be binding on that party.[13] John had no prior actual knowledge or had been given reasonable notice of the terms, [14]. Although this clause can be taken as a legitimate exclusion clause[15], in this circumstance, it had not been provided, and therefore not binding. Furthermore, a reference to terms that are not readily available is not sufficient enough to satisfy reasonable notice [16]. Thus, John can proceed to with termination, or claim liability from negligence from Annà ¢Ã¢â ¬Ã¢â ¢s transportation. Implied Terms The current contract may also have terms that are implied and not entirely written down at the time of signature[17]. As per the case of Byrne v Australian Airlines; Frew v Australian Airlines[18]; there should not be an automatic or rigid application of the cumulative criteria[19], if the contract is oral or partly oral, or it appears the parties did not reduce the agreement completely written form. Given these conditions, the issue of air-conditioning in floats, and the expressly stated time à ¢Ã¢â ¬ÃÅ"during summerà ¢Ã¢â ¬Ã¢â ¢ had been implied largely by Ann that it will be delivered, prior to the signature of the contract. Although there had been no written documentation, the oral implied terms, perform supplementary information to the written document. Therefore, John has the right to seek liabilities from Ann. Termination by breach The termination by breach can be understood to be when a party fails to perform at time or to the standard by the contract[20]. As per Tramways Advertising Pty Ltd v Luna Park, it is accepted that a breach occurs when the promise is of such importance to the contract, that one could not have entered into the contract unless they had been assured of a strict or substantial performance of the promise, and this ought to have been apparent to the promisor.[21] In Johnà ¢Ã¢â ¬Ã¢â ¢s circumstances, the use of non air-conditioned floats to transport his horses to and from venues was not per contract. It was not expressly stated in the written contract, but as per the above, through collateral contract and promissory terms, Ann needed to ensure the performance of her promise. Essentially, non-performance may fairly be considered by John as a substantial failure to perform the contract at all. [22] Therefore, as Ann has failed to perform her part in the contract, John can choose to terminate the contract and claim damages under the breach of conditions prin ciple. Termination by delay Where time stipulation is a condition, i.e à ¢Ã¢â ¬ÃÅ"time is off the essenceà ¢Ã¢â ¬Ã¢â ¢, failure to perform within the specified time, lead to an option for termination for either party[23]. In short, if a party fails to comply on a specified day, they are guilty of delay. [24] In this circumstance, Johnà ¢Ã¢â ¬Ã¢â ¢s horses needed to be delivered to their appropriate venues, well before their races had begun. The principle of à ¢Ã¢â ¬ÃÅ"time is off the essenceà ¢Ã¢â ¬Ã¢â ¢ can be applied in a strict approach, as Ann had the obligation to perform her promise to deliver the horses. In their first breach, in which Ann was delayed by two hours, had been permissible by John, however he had expressly stated à ¢Ã¢â ¬ÃÅ"further problems will end their relationshipà ¢Ã¢â ¬Ã¢â ¢. As per Laurinda v Capabala Park Shopping Centre[25], if they delay is so long that there is a serious breach of an innominate term, a right to ter minate will be available to the party[26]. In the second instance where Annà ¢Ã¢â ¬Ã¢â ¢s transpiration entirely failed to provide John with horses for the race, Ann was unable to uphold her obligations; hence John may have a right to terminate for delay. Ann Terms Effect of Signature In absence of fraud or misrepresentation, a document containing contractual terms, when signed is binding.[27] This was reaffirmed in the case of Toll (FGCT) Pty v Alphapharm Pty Ltd[28], ensuring that signed documents that are known[29], intended to affect legal relations[30], and are binding unto all parties that have written on the document. Ensuing that there are no vitiating factors or matter of misrepresentation[31], Johnà ¢Ã¢â ¬Ã¢â ¢s written signature on documentation, can be seen as a contractual relation between Ann and John. Parol Evidence As per the circumstances, due to the principle that agreements had been contained in a written document, the parol evidence re stricts extrinsic evidence that may be considered by the court.[32] As Ann had not made express terms stating she had agreed to the terms of all floats to be air-conditioned, she merely stated à ¢Ã¢â ¬ÃÅ"it is not a problem,à ¢Ã¢â ¬Ã¢â ¢ which could have been misinterpreted by John. As this specific clause had not been included in the written contract[33], Ann could argue that there is no breach of contract, and she had performed all her promises, including the 40% discount special, given to John. Frustration Frustration occurs whenever the law recognizes that without fault of either party, a contractual obligation has become incapable of being performed, as circumstances changed radically from which was undertaken by the contract.[34] For Ann, the consequences of John being banned from horse training, makes it impossible of the performance of her promise of transportation, as per the contract that had been signed. As such, Ann does have grounds to be excused per her performance to transport[35] or provide discount pricing to John.[36] It is also important for Ann to review the state of affairs and the extrinsic circumstances[37], which had caused for the transportation miscommunication. The frustration doctrine has three limitations: must not have been provided in the contract, reasonably foreseen and it must have occurred without fault of party seeking to rely on frustration. Ann satisfies all three limitations and consequently could seek to end the contract [38] Termination For Repudiation This principle will apply when a party has an absence of willingness or readiness to perform, and deprive the aggrieved party of substantially the whole of the benefit of the obligations remaining to be performed as per the contract. [39] In Annà ¢Ã¢â ¬Ã¢â ¢s circumstances, this can be applied. As expressly stated prior to the writing of signature, Ann had indicated that she would need to be the exclusive transporter of Johnà ¢Ã¢â ¬Ã¢â ¢s ho rses. John had breached this when he changed modes of transportation, and due to his inability to complete the contract; Ann has the ability to terminate the contract. She would also have the ability to claim liability to discount pricing loses and other costs associated with this mode of transportation. As John had willingly and readily signed the contract, he would be bound to perform, a breach would allow for Ann to have the right to terminate.[40] Exclusion clause The exclusion clause provided by Ann to John can take effect, given the notice of the course of dealings that had occurred over 2 years[41]; it is implied to have been accepted by John. The nature of the contract, which had delivery slips with signature of Johnà ¢Ã¢â ¬Ã¢â ¢s own staff, further give right to the implementation of the exclusion clause. The process of construction and the language that had been used allows for Ann to be limited in her breach[42]. Providing, the clause expressly states the limit ation of liability for negligence[43], which enables Ann to be excluded from liability, and terminate the contract as per above. Recommendation Based on the above, both parties may need to seek further legal advice upon reading this. Bibliography Cases Balmain New Ferry Co Ltd v Robertson (1904) 4 CLR 379. Baltic Shipping Company v Dillon (1993) 176 CLR 344. Bensten v Taylor, Sons Co (1893) 2 QB 274. BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266. Bowes v Chaleyer (1923) 32 CLR 159. Bryne v Australian Airlines Ltd; Frew V Australian Airlines Ltd (1995) 185 CLR 411. Codelfa Contruction v State Rail Authority of NSW (1982) 149 CLR 337. Darlington Futures Ltd v Delco Aust Pty Ltd (1986) 161 CLR 500. Davis Contractors Ltd v Fareham Urban District Council (1956) AC 696. Davis v Pearce Parking Station Pty Ltd (1954) 91 CLR 642. Ebay International AG v Creative Festival Entermaintment Pty Ltd (2006) FCA 1768. Equ uscorp Pty Ltd v Glengallan Pty Ltd (2004) HCA 55. Hart v Mcdonald (1910) 10 CLR 417, 430 Hoytà ¢Ã¢â ¬Ã¢â ¢s v Spenscer (1919) 27 CLR 133. JJ Savage Sons v Blakney (1970) 119 CLR 435. Laurina v Capabala Park Shopping Centre (1989) 166 CLR 623. Là ¢Ã¢â ¬Ã¢â ¢Estrange v Graucob (1934) 2 KB 294. Louinder v Leis (1982) 149 CLR 509. Masterton Homes Pty Ltd v Palm Assets Pty Ltd (2009) NSWCA 234. Oscar Chess Ltd v Williams (1957) 1 WLR 370. Perri v Coolangatta Investmetns Pty Ltd (1982) 149 CLR 537. Progressive Mailing House v Tabali Pty Ltd (1985) 157 CLR 17 Sydney City Council v West (1965) 114 CLR 481 44. Taylor v Caldwell (1863) 3 B S 826. Thornton v Shoe Lane Parking Ltd (1971) 2 QB 163. Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165. Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938) 61 CLR 286. Donââ¬â¢t waste time! Our writers will create an original "A Problem Question on Contracts" essay for you Create order [1] Codelfa Contruction v State Rail Authority of NSW (1982) 149 CLR 337, 165. [2] Hart v Mcdonald (1910) 10 CLR 417, 430. [3] JJ Savage Sons v Blakney (1970) 119 CLR 435, 32. [4] Tramways Advertising v Luna Park (1938) 61 CLR 286, 45. [5] Oscar Chess Ltd v Williams (1957) 1 WLR 370, 66. [6] JJ Savage Sons v Blakney (1970) 119 CLR 435, 41. [7] Hoytà ¢Ã¢â ¬Ã¢â ¢s v Spenscer (1919) 27 CLR 133, 14. [8] Ibid. [9] Ibid. [10]Ibid. [11]Ibid. [12]Darlington Futures Ltd v Delco Aust Pty Ltd (1986) 161 CLR 500, 90. [13] Ebay International AG v Creative Festival Entermaintment Pty Ltd (2006) FCA 1768, 203. [14] Thornton v Shoe Lane Parking Ltd (1971) 2 QB 163, 75. [15] Davis v Pearce Parking Station Pty Ltd (1954) 91 CLR 642, 54. [16] Ibid. [17]BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266, 99. [18] Bryne v Australian Airlines Ltd; Frew V Australian Airlines Ltd (1995) 185 CLR 411, 110. [19] BP Refi nery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266, 99. [20] Bensten v Taylor, Sons Co (1893) 2 QB 274, 90. [21] Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938) 61 CLR 286, 143. [22]Ibid. [23] Bowes v Chaleyer (1923) 32 CLR 159, 29. [24] Louinder v Leis (1982) 149 CLR 509, 95. [25] Laurina v Capabala Park Shopping Centre (1989) 166 CLR 623, 44. [26] Ibid. [27]Là ¢Ã¢â ¬Ã¢â ¢Estrange v Graucob (1934) 2 KB 294, 13. [28]Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165, 86. [29] Ibid. [30] Ibid. [31] Là ¢Ã¢â ¬Ã¢â ¢Estrange v Graucob (1934) 2 KB 294, 13. [32] Masterton Homes Pty Ltd v Palm Assets Pty Ltd (2009) NSWCA 234, 98. [33] Equuscorp Pty Ltd v Glengallan Pty Ltd (2004) HCA 55, 131. [34]Davis Contractors Ltd v Fareham Urban District Council (1956) AC 696, 91. [35] Perri v Coolangatta Investmetns Pty Ltd (1982) 149 CLR 537, 81. [36] Taylor v Caldwell (1863) 3 B S 826, 221. [37] C odelfa Contruction v State Rail Authority of NSW (1982) 149 CLR, 337. [38] Baltic Shipping Company v Dillon (1993) 176 CLR 344, 65. [39] Progressive Mailing House v Tabali Pty Ltd (1985) 157 CLR 17, 12. [40] Progressive Mailing House v Tabali Pty Ltd (1985) 157 CLR 17, 19. [41] Balmain New Ferry Co Ltd v Robertson (1904) 4 CLR 379, 1. [42] Sydney City Council v West (1965) 114 CLR 481, 44. [43] Davis v Pearce Parking Station (1954) 91 CLR 642, 3.
Subscribe to:
Posts (Atom)