Saturday, December 28, 2019

Contexts of Metropolis and 1984 - 1295 Words

Contexts of Metropolis and 1984 Metropolis Russian revolution, November 1917 Socialists led by Lenin and Trotsky overthrow imperial order and execute Tsar and his family in July 1918 Revolutionary socialism seen as alternate political system to capitalism Huge amount of mutinies and strikes especially from the army who were weakened from war with Germany and did not feel like they had the capacity to shut down the outbreak Socialists had support from lower classes and political left with the Provisional Government holding state power leading to a period of dual power ensuing World War I Germany had to pay off large amounts of reparations money and debt as a result of its defeat in WWI Workers suffered as the ones who had to labour†¦show more content†¦In addition, Britain lost its status as the world super power with a weakened military and economy after two World Wars in less than half a century Notes from lesson Metropolis has optimism towards the ends which 1984 lacks Metropolis after WW1 so people thought there would never be a war like that again so people were optimistic and ideal about the future Inter-war period of relative peace and prosperity After this, Great Depression starting in 1929 Germany started late in 1925 as busy paying of war reparations so things were looking bright forShow MoreRelated1984 Metropolis Essay1293 Words   |  6 Pagesï » ¿The quote â€Å"The object of power is power† is heavily supported by George Orwell’s 1949 novel ‘1984’ and Fritz Lang’s 1927 film ‘Metropolis’ through their intertextual connections and shared perspectives. Both texts were composed around the context of pre and post World War 2 which is clearly evident through their settings, characterisation, themes and ideas. Through Orwell’s and Fritz’s use of dystopic societies, empowerment of women and detrimental dictatorship rule it is blatant that George Orwell’sRead MoreRottman v commissioners of police for the Metropolis1200 Words   |  5 PagesRottman v commissioners of police for the Metropolis â€Å"Extradition search is lawful, lords say common law power is still available† The name of the parties are (appellant) commissioner of the police of the metropolis,(respondent) Mr. Michael Rottman . The judgment has been held in the house of lords. The judges on this were- Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord Roger of Earlsferry. The barristers and solicitors in this case were, Mr. Perry, on behalfRead MoreThe Medium Is the Massage Mcluhan1051 Words   |  5 Pages   it.    He    defines    the    message    as    â€Å"the    change    of    scale    or    pace   or   pattern   that   is   introduced   into   human   affairs†.   To   illustrate:   the   modern    metropolis   with   its   challenges   of   suburban   life   and   the   stress   of   long   commutes    is   a   result   of   cars   - ­Ã¢â‚¬    a   technological   extension   of   our   bodies   designed Read MoreHuman Wildlife Conflicts in Kenya1511 Words   |  7 Pagesbased on science and carefully designed to work in the local context. WCSs overall approach is inherently integrated, addressing not only research and management but also training and capacity-building, policy analysis and development, and education and outreach. WCS has been implementing conservation activities in wildlife region for decades, with significant wildlife conservation programs in: Indonesia (since1990), Malaysia (since 1984), Papua New Guinea (since 1977) and Fiji (since 2000). WCS worksRead MoreHow Do the Works of Yasumasa Morimura, Julie Rrap and Anne Zahalka Challenge Conventional Ways in Which Gender Has Been Depicted Historically in the Visual Arts?1537 Words   |  7 Pagessubjugate and adjust himself to suit her body position. The artworks targeted by these renowned artists are well known established pieces that are historically rich and evaluate the zeitgeist of their time; these traits are still evident within the metropolis of today. All three artists focus on the theme of gender and all seek to challenge the traditional view of the role of gender in visual art, yet their individual target audience centres on different facets of society, though what holds true is theirRead MoreA Critical Analysis of Homi K. Bhabhas How Newness Enters The World: Postmodern space, postcolonial times and the trials of cultural translation1610 Words   |  7 Pages(about her fiancà ©s last words) is an example of cultural translation where Marlow does not merely re press the truth ... as much as he enacts a poetics of translation.... (212). Marlow inhabits the in-between space of the colony and the western metropolis, where nothing crosses from one to the other in its original form, without a certain degree of cultural translation. This essay is organized in three sections: New World Borders, Foreign Relations and Community Matters. However, it is strung togetherRead MoreGacos2418 Words   |  10 PagesLandman and Schonteich both agree that there is no one definition of gated communities. Different types of gated communities in different countries allow for a different of interpretations and definitions. The basic concept of GACOS in Malaysian context is where the public access to the high-rise or landed residential areas are being restricted either using CCTV or the security personnel. The entrance gates, all streets, sidewalks, and other facilities are enclosed by barriers operated by a securityRead MoreMarx, Durkheim, Weber and Simmel on the Development of Capitalist Society and the Demise of Individualism3246 Words   |  13 Pagesthrough the power of external coercion which it exerts or is capable of exerting upon individuals† (Durkheim, [1859] 1982, p.56) Durkheim believed that by examining and understanding the effect of these social facts on human behaviour within the context of industrial society, adequate solutions could be devised to deal with the problems inherent in the new capitalist society. According to Durkheim, two different types of social facts exist: material and immaterial. Durkheim was most interested inRead MoreAmerica And Chinese Education System1792 Words   |  8 Pagesbrings about a sense of anonymity in Chinese classrooms (Rong,xuelan, and Tianjian shi). In American schools, class size is generally limited to around 20 – 30 students, and can be as small as ten students per class. This reflects the lack of ultra-metropolis sized cities across America. Students in a class of this size generally cannot help but to be noticed for their actions, whether positive or negative. Students who are undergoing emotional difficulties might get the help they need before their gradesRead MoreThe Olympic Games And The Economic Development On The Host Country2918 Words   |  12 PagesThe estimated budget for Athens 2004 Games was â‚ ¬4.5billion, however, the final expense topped â‚ ¬11billion .The Games in Athens 2004 provided the city with an excellent opportunity to present itself globally as a modern, well designed and well run metropolis with modern facilities and infrastructure symbolic of quality of life and economic investment. China on the other hand invested about $40billion in infrastructure alone from 2002 to 2006 . In addit ion, the Games had a tremendous influence on Beijing’s

Thursday, December 19, 2019

Mediation, Conciliation and Arbitration in Conflict...

MEDIATION, CONCILIATION AND ARBITRATION IN CONFLICT MANAGEMENT Outline a. Introduction b. Definitions of conflict c. Conflict management d. Negotiation, Mediation, Conciliation and Arbitration as in Conflict Management e. Recommendation f. Summary/Conclusion Introduction Conflict is a natural phenomenon in every human societal living. It exits whenever people or groups disagree over which goals or values to pursue and the method and timing to be adopted in that regard. Since conflict is inevitable, it must be properly managed to mitigate its effects on human society Conflict From a Latin word ‘pugna’ means ‘to clash or engaged in a fight’. It means a confrontation between one or more parties aspiring towards incompatible or competitive†¦show more content†¦In 1990 Mandela was released from prison and by 1993, an interim constitution was developed by 21 political parties[8] (e.g. Inkatha Freedom Party, The Afrikaner National Party, etc.) In 1994 the first democratic election was held and Mandela became the president and the subsequent collapse of the apartheid system of government. Mediation It is a facilitative process in which disputing parties engage the assistance of an impartial and neutral third party; the mediator, who helps them to arrive at an agreed resolution of their dispute. The mediator has no binding authority. The mediator serves as a facilitator. A mode of negotiation in which a mutually acceptable third party helps the parties to a conflict find a solution that they cannot find by themselves. Unlike judges or arbitrators, mediators have no authority to decide the dispute between the parties. Mediators may focus on facilitating communication and negotiation but they also may offer solutions and use leverage, including positive and negative incentives, to persuade the parties to achieve an agreement[9] According to (University for Peace, 2005)[10] mediation is ‘a voluntary, informal, non-binding process undertaken with an external party that fosters the settlement of differences or demands between directly invested parties’. Mediators often spend time with each party to the conflict through what has come to be known as ‘shuttleShow MoreRelatedHistory Of Adr And Conflict Management Essay1462 Words   |  6 Pages The following review of the literature discusses the history of ADR and conflict management. Additionally, this section discusses the four principal ADR processes Mediation, Arbitration, Negotiation and Conciliation as part of the conflict resolution mechanisms. The theoretical framework and guiding theories were explored. Finally, this chapter analyses the legislative framework in both at National and International arena. 2.1.1 Alternative Dispute Resolution ADR is a generic term that refers toRead MoreDiscuss the Processes Available in Alternative Dispute Resolution1469 Words   |  6 Pagesan alternative dispute resolution is to provide various methods of dispute management to litigation that are in place today . The main processes available are mediation, conciliation (though it can be used interchangeably with mediation as it ¡Ã‚ ¦s considered a form of mediation), independent expert appraisal or evaluation, arbitration (though technically is not included as ADR and will be discussed further under  ¡Ã‚ ¥Arbitration ¡Ã‚ ¦) and mini trials . There are many advantages and disadvantages for theseRead MoreIntroduction. In Accordance With Hr.Com, At Its Most Fundamental,717 Words   |  3 PagesIntroduction In accordance with HR.com, at its most fundamental, arbitration is a method of dispute solution; arbitrations are confidential, jurisdictive determination of a disagreement, conducted an impartial third individual. An arbitration hearing might necessitate the utilization of an individual arbitrator otherwise a tribunal. A tribunal entails of any quantity of arbitrators; though, some legal systems require on an odd numeral for understandable rationales of wanting to circumvent a stalemateRead MoreDispute Resolution Processes Essay1240 Words   |  5 Pageshuman-interaction, conflict is virtually unpreventable. For-instance, some conflict may well erupt a dispute in any structure of relationships, and other perhaps resulting in extremely compound international confrontation and hostility. It isnt that they cant see the solution. It is that they cant see the problem (G. K. Chesterton). Consequently, dispute resolution processes have been developed to manage and intervene in these types of disputes. The result is a highly diverse field in which conflict mediationRead MoreThe Process Of Alternative Dispute Resolution2124 Words   |  9 Pageshuman resource management. As the use of ADR methods grew, proponents viewed them as promising mechanism’s for an abundance of scenarios. Conflict has and always will be an inherent part of the workplace (Colvin 2003). It is for this reason alternative conflict resolution has amassed development, especially considering the cost of rigid normative procedures, with Gibbons (2007, p 7) estimating that employment conflict in the UK costing an estimated  £410 million annually. Conflict is generated whenRead MoreMediation in Third Party Intervention919 Words   |  4 PagesMediation in Third Party Intervention Communication and Conflict In cases of conflict where parties are having difficulty communicating or negotiating an outside help or third party can help the parties communicate effectively. Third parties1 act as a facilitator and help each side in analyze the conflict (Burgess, Burgess, 1998). Third party interventions are available in several forms. Informal third party intervention consists of helping parties with whom relationalRead MoreAlternate Disputes Resolutions: Mediation and Arbitration889 Words   |  4 Pagesother procedures, the most commonly used are mediation and arbitration. An important advantage of ADR is that it saves time and money. Since there are rules and regulations that have to be followed in a trial, the procedure is more formal and sometimes people miss the opportunity to tell the story as they want. With ADR the outcome is frequently more positive, it prevents ending relations between persons, companies and organizations. Mediation is the process in which parties find a solutionRead MoreAlternative Dispute Resolution. RESEARCH ASSIGNMENT5597 Words   |  23 Pagesdegree B.Sc (Quantity Surveying) Honours Department of Quantity Surveying and Construction Management Faculty of Natural and Agricultural Sciences UNIVERSITY OF THE FREE STATE BLOEMFONTEIN Mrs M-M Els 2013 TABLE OF CONTENTS ALTERNATIVE DISPUTE RESOLUTION 1. Chapter 1 Introduction 3 2. Chapter 2 What is Alternative Dispute Resolution 3 3. Chapter 3 The Concepts of Conflict and Disputes 3 4. Chapter 4 The Development of Alternative Dispute Resolution 3 Read MoreA Brief Note On Alternative Dispute Resolution And Other Forms Of Helping Professions1462 Words   |  6 PagesAlternative Dispute Resolution Conflict resolution is used in various aspects of counseling and other forms of helping professions. It is vital that conflicts between opposing parties are managed in order for progress to be achieved. By maintaining a controlled environment during the negotiation process, the two parties will often be able to come to a resolution of their differences. Sometimes it can be difficult for two parties to work together without the help of a third party to assist in theRead MoreMethods to Resolving Industrial Disputes6868 Words   |  28 Pages6. Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 07 7. Definition of dispute †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 08 8. Machinery for settlement of disputes †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 09 9. Collective Bargaining †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 09 10. Mediation and Conciliation †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 11. Investigation †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 17 12. Arbitration †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 18 13. Adjudication †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 21 14. Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 24 15. Bibliography †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 25 LIST OF CASES 1. Life insurance corporation of India

Wednesday, December 11, 2019

Contract Certain Supervening Impossibility â€Myassignmenthelp.Com

Question: Discus About The Contract Certain Supervening Impossibility? Answer: Introducation In the case of Jo and Rosie, Jo sued Rosie for breach of contract by not attending the dinner for which Jo had made preparations after receiving her acceptance to attend. In order to create a valid contract one of the essential element is the intention of the parties to enter into legal relationship which means in case of the breach of contract by either party the other party has right to take legal action. The case, here, falls under the category of social agreement as distinguished from a legally binding contract where in the former case the parties are merely under a moral duty. Social agreements entered into between members of a family, friends, colleagues etc. cannot be said to have been made with an intention to enter into legal relations. As was held by Lord Atkin a social agreement cannot be said to be a legally binding contract even if all the elements of a valid contract are present[1]. The reason these agreements are not contracts as the parties did not entered into the ag reement with an intention that legal consequences shall follow their agreement. According to him such agreements should not be enforceable in the courts of law otherwise there will be institution of n number of cases for breach of such contracts. Therefore, such contracts have been kept out of jurisdiction of contract law. Following this observation it can be said in this case that there was no valid contract between the parties as there was no intention of the parties to enter into a legally binding contract, hence Jo cannot sue Rosie for not performing her moral duty[2]. Case Study Group 2: Agreement being offer and acceptance. In case where James made an offer to sell his snowboard to Liz and in case of silence on her part he will assume that the offer has been accepted by her. The general law regarding contracts says that an agreement comes into existence only when an offer is made by one person to the other and such offer has been accepted by the latter. The acceptance can be made verbally, in writing or impliedly i.e., by conduct of the latter[3]. The general rule regarding acceptance is that silence does not amounts to acceptance, for the reason that, to make sure that the offer was accepted by the acceptor willingly and was not imposed upon him. An exception to this rule is that the acceptor has expressly mentioned that his silence shall be considered as acceptance. Further it has also been held in a famous that the person making the offer cannot state that the silence on the part of the person to whom the offer is made will be considered as acceptance on his part and in that way cannot obligate the latter to positively reject the offer[4]. The rules mentioned above are applicable in this case whereby it can be concluded that James cannot enforce the contract as he has no right to impose an obligation upon Liz to reject the offer or otherwise make her bound by the same. Case Study Group 3: Consideration being the price in the contract. According to the facts of the case Neville offers to repay his debt of $100 to Paul by $20 and a new baseball cap in full settlement which was accepted by the latter. The issue is whether Paul can demand the balance after full settlement has been made. The general rule regarding consideration is that it is one of the essentials to form a valid contract and can be in form of a right, interest or benefit. It sometimes includes a forbearance, loss or detriment also whereby if a party forgives anothers debt and a detriment is suffered by the latter it will be said to be a valid consideration. Further, the rule is that part payment of debt does not amounts to a good consideration[5] but where part payment is made along with something in addition for full and final settlement such part payment will be a good consideration[6]. Under Australian contract law the consideration will be valid and acceptable if it is sufficient and is not required to be adequate. The concept of sufficiency varies from case to case. Accordingly, the settlement made by Neville in lieu of his debt amounts to valid consideration on part of the former and Paul has no right to demand the balance amount after the settlement as he has accepted a new baseball cap in lieu of the balance amount. Case Study Group 4: Capacity of one of the parties. In order to form a valid contract the parties should have capacity to enter into the contract. In Australia, certain persons have been disqualified from entering into a contract viz., persons who are insane, under intoxication, bankrupts, minors, and companies. a) Aliens: An alien is a person who is not a citizen of Australia. Such a person has capacity to enter into a valid contract in peace time. In times of war, if such an alien belongs to the State with which Australia is in war with, then such alien is restricted to sue but can be sued for any breach in an Australian court of law. b) Bankrupt: A bankrupt has right to enter into a contract while a contract of unprofitable nature which has been made before he was been declared a bankrupt may be repudiated by the trustee. Further restrictions may also be put by way of legislations upon the nature of a contract to which a bankrupt may be a party and any contract entered into by a bankrupt person without disclosing his status will be an offence[7]. c) Companies: Under common law of Australia a company may enter into a contract if authorized under the constitution of the company. Further according to the Corporations Act 2001 a company can enter into a contract as an individual[8] and if a contract has been entered into by a company beyond the authority given by its constitution, it will be a valid contract[9]. Case Study Group 5: Did both parties freely consent to the contract. According to the facts of the case, Carlos purchased a jet ski from Ted which was in good condition according to the latter. A contract was signed by the parties whereby no declaration was made regarding the condition of the engine and a clause in the contract also waived the warranty regarding the condition of the craft and its parts. The engine of the Jet Ski stopped as its condition was not good. The issue here is that whether Carlos can seek damages from Ted. In order to make a valid contract the parties must enter into the contract with free and genuine consent. A consent is said to be not free if it is affected by any external factors. In cases of false statement, where a party makes a false statement knowingly and with a dishonest intention to induce the other party to enter into the contract will give a right to the latter to repudiate the contract where such false statement was found to be the only reason to enter into the contract[10]. In the present case, the contract was entered into by Carlos on the false statement that was made by Ted who knew that the condition of the engine of the craft was not good. Therefore, the consent for entering into the contract by Carlos cannot be said to be a free consent as it is made under the influence of the false statement made by the counterparty. Carlos has right to recover damages for the loss accrued to him from Teds conduct. Case Study Group 6: Was the Contract legal? In case of Rita and Peter, Rita gave away her flat to Peter, a prisoner escapee, to provide him place to hide. Peter refused to pay rent for two months of his stay in Ritas house. The issue in this case is whether Rita has right to recover the rent overdue from Peter. The general rule as to contracts lays down that a contract cannot be held to be valid the subject matter or the objective of which is illegal. If the promises, subject matter, objective or consideration of a contract is illegal the contract cannot be said to be a valid contract[11]. An act which is prohibited by law is said to be an illegal act and any person doing such illegal act or any person entering into a contract with such person for providing him aid in doing the illegal act, such contract will not amount to be a valid contract. In the present case Peter was an escapee from a prison which is an illegal act. Rita was providing her aid in hiding from the State authorities. Therefore, the acts of both Peter and Rita fall under the category of illegal acts. Any loss or damage amounting from doing such acts are not enforceable in the courts of law. If such acts are given enforceability it will lead to encouragement to do illegal acts. Hence, Rita has no right to recover any rent from Peter. Case Study Group 7: Terms of the Contract. In the case where Alana delivers her coat to Dennis for dry cleaning and when she came back to pick up her coat she found it was badly burnt. The ticket given by Dennis stated that it will not be responsible for any loss to the goods. The issue here is that whether Alana can sue Dennis for damages. This case falls under the category of bailment which means when one party delivers goods to other party for some purpose, the latter is bound to take due care of the goods as a person would have taken of his goods in similar circumstances. It is required on the part of the bailee to take due care of the goods bailed to him by the bailor for a specific purpose. In case of any default or negligence on the part of the former will amount to breach of a contract and the latter will be entitled to sue him for the damages caused to him[12]. In the case of Alana she was the bailor whereby she delivered her coat to Dennis for the specific purpose of dry cleaning it. The Dennis was under a legal duty to take due care of the coat bailed to it. Dennis cannot escape from his liability to take reasonable care of the goods by entering a clause in the ticket, mentioning the terms of the contract, that was delivered to her after delivering the coat to it. Further, the facts that the coat was badly burnt shows negligence on the part of the bailee to take reasonable care of the goods bailed to it. Therefore, Alana can sue Dennis for recovering the damages for loss caused to her. Case Study Group 8: Discharge of the Contract. Len, a singer, who entered into a contract to perform on Christmas Eve, his contract frustrated due to occurrence of a cyclone. The issue is whether he can claim damages for the frustration of the contract. Under law a contract may be discharged by an agreement or by frustration or by the breach of the contract. A contract gets frustrated when either or both the parties are unable to perform the contract due to certain supervening impossibility. One of such supervening impossibility where the parties are discharged from performing the contract is force majure or act of God. An act of God is a situation when due to certain acts which are beyond human control the parties are unable to perform the contract. In such cases neither party is liable for breach of the contract. In the instant case, the contract was cancelled due to occurrence of cyclone which is an act of God. There was no breach of contract on the part of the party organizing the concert. Len cannot ask for compensation due to breach of contract or for the reason that he could have taken employment somewhere else as his payment might be doubt. The organizers could not have been able to foresee the occurrence of the cyclone. Therefore no liability can be imposed upon the organizers and Len cannot seek compensation for the frustration of contract by act of God. Case Study Group 9: E-Contract. According to the facts of the case Jenn, the supplier of clothes made negotiations with Kirsty, the purchaser of the consignment of clothes through electronic mails. An offer was made by Jenn on 20th April, 2016 and asked her to make an acceptance by 13th May, 2016. Kirsty sent a mail on 22nd May, 2016 accepting the offer. The issue here was whether there was a proper offer and its acceptance to form a valid contract and whether Jenn was bound by the contract, if any. In Australia, the rules that are applied in case of a paper contract are applied in case of an electronic contract which requires an offer been made which has to be duly accepted and should follow a lawful consideration. According to the law of contract a valid offer is said to have been made when it comes to the knowledge of the person to whom it is made. And an acceptance is said to have been made as soon as it is accepted by the offeree. In the instant case, the offer made by Jenn did not came to the knowledge of Kirsty till 22nd May, 2016 the stipulation period for which was already over on 13th May, 2016. Therefore, no offer could be said to have been made to Kirsty as it did not came to her knowledge and further, when no offer has been made, it cannot be said to have been accepted by Kirsty. As there was no offer and acceptance, no valid contract is made and therefore no one is under any contractual liability against the other. References Balfour v Balfour (1919) 2 KB 571. Felthouse v Bindley (1862) 142 ER 1037. Foakes v Beer (1884) 9 App Cas 605. Corporation Act 2001 (Cth). Julie Clarke, Balfour v Balfour (2010) Australian Contract Law https://www.australiancontractlaw.com/cases/balfour.html. Julie Clarke, Capacity to Contract 2013 Australian Contract Law https://www.australiancontractlaw.com/law/formation-capacity.html. Julie Clarke, Consideration (2015) Australian Contract Law https://www.australiancontractlaw.com/law/formation-consideration.html. Law Handbook, Elements of Contract 2017 The Law Handbook 2017 https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/. R P Emery and Associates, Legal Contract, Legal Agreements, Contracts and Forms (2013) Wordpress https://legalcontract.wordpress.com/2010/05/11/fundamental-principles-of-contract-law/. Shane Simpson, Duty of Care to Lenders 2013 Simpsons https://www.collectionslaw.com.au/34-duty-of-care-to-lenders. Simpsons, The Principles of Contract (2010) Simpsons Solicitors https://www.simpsons.com.au/documents/v [1] Balfour v Balfour (1919) 2 KB 571. [2] Julie Clarke, Balfour v Balfour (2010) Australian Contract Law https://www.australiancontractlaw.com/cases/balfour.html. [3] Simpsons, The Principles of Contract (2010) Simpsons Solicitors https://www.simpsons.com.au/documents/visarts/visarts89/1Princip.pdf. [4] Felthouse v Bindley (1862) 142 ER 1037. [5] Foakes v Beer (1884) 9 App Cas 605. [6] Julie Clarke, Consideration (2015) Australian Contract Law https://www.australiancontractlaw.com/law/formation-consideration.html. [7] Julie Clarke, Capacity to Contract 2013 Australian Contract Law https://www.australiancontractlaw.com/law/formation-capacity.html. [8] Corporation Act 2001 (Cth) s 124. [9] Corporation Act 2001 (Cth) s 125. [10] Law Handbook, Elements of Contract 2017 The Law Handbook 2017 https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/. [11] R P Emery and Associates, Legal Contract, Legal Agreements, Contracts and Forms (2013) Wordpress https://legalcontract.wordpress.com/2010/05/11/fundamental-principles-of-contract-law/. [12] Shane Simpson, Duty of Care to Lenders 2013 Simpsons https://www.collectionslaw.com.au/34-duty-of-care-to-lenders.

Wednesday, December 4, 2019

United Nations Persuasive Essay Example For Students

United Nations Persuasive Essay 51 countries established the United Nations also known as the UN on October 24, 1945 with the intentions of preserving peace through international cooperation and collective security. Over the years the UN has grown in numbers to include 185 countries, thus making the organization and its family of agencies the largest in an effort to promote world stability. Since 1954 the UN and its organizations have received the Nobel Peace Prize on 5 separate occasions. The first in 1954 awarded to the Office of the United Nations High Commissioner for Refugees, Geneva, for its assistance to refugees, and finally in 1988 to the United Nations Peace-keeping Forces, for its peace-keeping operations. As you can see, the United Nations efforts have not gone without notice. We will write a custom essay on United Nations Persuasive specifically for you for only $16.38 $13.9/page Order now The UN has made strides toward and continues to fight for world peace, but this however is not the only function of the agency. Environmental protection, Human rights, health and medical research, alleviation of poverty and economic development, emergency and disaster relief, and labor and workers rights are just a sample of what the UN continues to battle as the year 2000 approaches. The United Nations has made many achievements since the agreement made in 1945. The efforts of the UN helped end the apartheid in South Africa allowing the citizens of South Africa equal participation in the Elections of April 1994 followed by a consensus in choosing a form of government. 90 percent of children in developing countries attend school and 60 percent of adults in these countries can read and write thanks to the UN and the struggle to improve education in developing countries. Over 300 international treaties have been created through United Nations efforts to strengthen international law. Th ese achievements and many others encourage people like myself to promote and praise the United Nations. Without the UN the world would be a bigger place full of confusion and hatred. The efforts of this world organization have improved global life for all of its citizens and will continue to do so for many years to come. We need to abide by the principles of the UN charter: maintain international peace and security, develop friendly relations among nations, cooperate in solving international problems, promoting respect for human rights, and to be a center for harmonizing the actions of nations if we wish to solve many of the problems facing our world today and for years to come. Bibliography:

Wednesday, November 27, 2019

International Monetary Fund Essays - Economy,

International Monetary Fund -International Monetary Fund- Addressing Fundamental Economic Goals On an International Level The International Monetary Fund is an important function that makes world trade less strenuous. The International Monetary Fund, or IMF as it is called, provides support and supervision to nations in all stages of economic progress. International trade is a key element to enable nations, large and small, to strengthen their economic positions. Larger nations need the international market to export their goods and services, and smaller nations also need this world scale market to import products so they are able to produce more efficiently. In order to achieve these goals, one major component must be in place. The ability to value other nation's currency. Throughout the years, many different ways have been used to do this, mostly ending in failure. There is no perfect way to accurately measure the true value of another country's currency. The International Monetary Fund is an effort to see each country's economic position, offer suggestions, and provide the fundamental economic securi ty that is essential to a thriving (world) economy. Many of the domestic economic goals are reiterated by the INF on an international level. To understand the current INF we will investigate the events leading up to its existence. Between 1879 and 1934 major nations used a method of international exchange known as the Gold Standard. The Gold Standard was simply a fixed-rate system. The rate was fixed to gold. In order for this system to function properly three things had to happen. First, each nation had to define its currency to gold (this definition then could not change). Second, each nation must than maintain a fixed relationship to its supply of money and its amount of actual gold. Third, the on-hand gold must be allowed to be exchanged freely between any nations throughout the world. With all of those policies successfully in place, the exchange rates of the participating countries would then be fixed to gold, therefore to each other. To successfully maintain this relationship some adjustments had to be made from time to time. For example, two countries A and B are doing international business together and A buys mo re of B's products than B buys of A's. Now B doesn't have enough of A's currency to pay for the excess products purchased. B now has what's called a balance of payment deficit. In order to correct for this deficit the following must occur; Actual gold must now be transferred to A from B. This transfer does two things. First, it reduces B's money supply (a fixed ratio must be maintain between the actual amount of gold, and the supply of money) hence lowering B's spending, aggregate income, and aggregate employment, ultimately reducing the demand for A's products. Second, A's money supply is now increased, raising A's spending, aggregate income, and aggregate employment, ultimately raising the demand for B's products. These two events happen simultaneously stabilizing the exchange rate back to its equilibrium. The Gold Standard served the world's economy very well until one unfortunate event happened. The Great (worldwide) Depression of the 1930's presented the world with a new set of problems to be dealt with, not only domestically, but throughout the entire world. The situation was bad, so bad that nations would do anything to dig themselves out of economic disaster. Nations now would break the biggest rule of the Gold Standard. Nations started to redefine the value of there currency to gold. This act of devaluation, as it was called, disrupted the entire world's perception of the relationship of each country's currencies to there own. Bartering systems were tried, however, eventually the Gold Standard failed. After The Depression international trading was crippled. A new method of international currency exchange had to be developed. Many ideas were listened to, but not until 1944 would a new entirely accepted method be adopted. During this year in Bretton Woods, New Hampshire a modified adjustable-peg system was formed, in addition to this new innovative system, the International Monetary Fund was formed. For many years the Bretton Woods adjustable-peg system worked well. This system became more and more dependent of the United States currency's value. Since from the inception of the IMF in 1946 the

Sunday, November 24, 2019

Visite Brazil Company Overview

Visite Brazil Company Overview Introduction Tourism and the hospitality industry is one of the largest service industries in the world. This industry is a lifeline to the economies of many countries and people across different sectors and regions. Brazil is one of the finest travel destinations globally and a lot of businesses have been established in the country. This essay is going to analyse a company by the name of Visite Brazil operating in the Brazilian tourism industry.Advertising We will write a custom case study sample on Visite Brazil Company Overview specifically for you for only $16.05 $11/page Learn More Organizational Structure Visite Brazil is a company which offers different services such as planned and customised travel packages to various tourists. The company employs a large staff who have specialised skills such as translation, drivers, tour guides and marketing executives. The company is headed by a CEO who is in charge of various managerial departmental heads. Visite Brazil’s mission is to contribute in the growth of the Brazilian economy. The company has a philosophy and vision of offering personalized tours to people of all incomes brackets (Hudman, 2003). Visite Brazil focuses on all demographic ages while leveraging its advantage having the best translators for all tourists. Marketing Mix Strategies Marketing mix determines the combination of product, price, place, and promotion to be used in line with the marketing strategy. Visite Brazil has positioned itself to offer a high quality, safety and outstanding customer service product targeting business and leisure customers. The following marketing mix strategies have been applied in Visite Brazil. Product Brazil is a large country with a lot of tourist attractions that caters for a lot of visitors needs. The country has created a wide range of tourist packages to cater for different types of travelers. For instance, the country offers customized holidays to tourists with visits to be autiful places such as Rio de Janeiro, Brasilia and the Amazon forest. Brazil’s economy is large and growing at a fast rate especially in the Latin America region. As a result, many business people visit the country to conduct business or attend trade fairs (Jafari, 2003). Apart from leisure travel, many other people travel to the country to attend or participate in sports events. Brazil is a powerhouse in sports and thus a lot of sports activities are organized in the country. Moreover, the country is also home to the largest rainforest in the world, the Amazon whereby tourists visit the country on special tours at features in the Amazon. Visite Brazil is one of the companies that offers services to these beautiful locations (Hudman, 2003).Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Price Visite Brazil is a company that offers travel packages at good and discount prices to various travellers wishing to visit Brazil. The company offers specialised prices and packages for travellers wishing to tour the country. The country offers various holiday destinations for both affluent to normal and middle income earners. The prices for the holiday experiences depend on the type of holiday package being sold. The Brazilian tourism market is specialized since prices are based on different factors. Travel to city locations in Brazil is mainly suited for low paying tourists and thus, Visite Brazil usually sells bundled packages for these tourists (Harrison, 2001). During the high tourist season which occurs during the winter and autumn seasons in Europe or North America, Brazil enjoys a good climate leading to high prices during these seasons. Place Brazil is a country located in the tropics in Latin America and thus the country has one of the best climates in the world. This is compared to countries in Europe or North America which experience different c limates annually. As a result, when the countries such as the United States or European countries experience poor climate, tourists end up visiting Brazil (Birle, 2008). The climate in Brazil is superb for tourists’ activities especially during the summer seasons in the country. Brazil is a huge country with a lot of place and spots that allow visitors to vacation and enjoy the Brazilian scenery. Brazil is expected to in the coming years due to the 2014 World Cup being held in the country. This will result in the country being a favorite spot for tourists to visit (Hudman, 2003). Brazil is a place with long pristine and beautiful beaches in the eastern side of the country. Based on this features and information on Brazil, it is easy for Visite Brazil to sell the country to potential tourists and other people in different regions globally. Promotion Visite Brazil is a company with a lot of promotional activities for its services and products through the use of various channels . The company makes use of advertising in news media and through online in target markets of Argentina, the US and Europe. The company liaises with well known tour operators in the United States and other regions to attract tourist to use their products and services. Through the use of public events, Visite Brazil conducts public relations to its potential customers (Harrison, 2001). Moreover, the company promotes its services through airline companies plying several South American destinations. For instance, during in-flight movies, Visite Brazil’s adverts are relayed to promote the companies services.Advertising We will write a custom case study sample on Visite Brazil Company Overview specifically for you for only $16.05 $11/page Learn More Marketing Mix Tactics In the process of conducting business, it is important to conduct a SWOT analysis for an organization to determine the best marketing strategies to employ. The SWOT analysis is done below: Strengths: The growing Brazilian offers an opportunity for Visite Brazil to tap on this population to grow its revenues. The expected growth of tourist numbers in the coming years will boost Visite Brazil. The Brazilian infrastructure is undergoing a major growth that is expected to open the country for tourists to visit the most beautiful destinations of Brazil. Weaknesses: According to Birle (2003, p. 56), Brazil’s lingua franca, Portuguese hampers communication between tourists and employees of Visite Brazil. This leads to increased operating costs on the part of Visite Brazil hence reducing its revenue. Lack of experience in the tourism compared to its well versed competitors could affect the company in marketing its services. Opportunities: The growing Brazilian middle class offers an opportunity for growth in domestic tourism could be tapped by Visite Brazil in meeting its goals and objectives. Brazil is set to witness one of the largest sports events in terms of the 2 014 World Cup 2016 Olympics. Threats: Increased competition from rival firms and other potential tourist destinations in Latin America could jeopardize Visite Brazil’s goals. The increasing value of the Brazilian Real will make travel to the country costly, and this might drive away tourists to other destinations. Action Plan Based on the analysis of SWOT and 4P’s, it is imperative to draw out a strategy to be used by Visite Brazil in attracting tourists to make use of their services. Visite Brazil will make use of advertising to potential customers in different regions using the internet, magazines and events. For instance, the annual International Tourism Fair offers an ample opportunity for Visite Brazil to market its services and products. The company could diversify its products to cater to the needs of various customers with diverse demographics. The growing relevance of Brazil in the world of business has led to increase numbers in the business tourism segment (Jafari, 2003). Thus, Visite Brazil could offer conference tourism packages to these tourists. The high end organization of the Brazilian tourism industry has made this industry to grow at a fast rate. The connection between banks, hotel accommodations and airlines could be tapped by Visite Brazil in its concerted efforts in marketing its services and products.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Visite Brazil’s most important tool in promoting its services and products is through the use of the internet whereby social media and online adverts could be utilised. Online presence in the current world is important since social media channels and the internet can reach billions of potential customers around the world (Harrison, 2001). Most important is that Visite Brazil builds on its strengths and opportunities while reducing its weaknesses and anticipating threats. Conclusion Tourism is one of the most challenging industries to operate in due to competition and dynamism. Brazil is one of the best tourism destinations that offers an unforgettable experience to tourists. Many companies operate in this competitive region, and one of the companies is Visite Brazil, which is a tour company offering several products and services to tourists. The company has specialised in offering unique tour packages at an affordable cost. However, the company marketing strategy has made the company reap good benefits from the Brazilian tourism market. References Birle, P.,  Costa, S. Nitschack, H. (2008). Brazil  and the Americas: convergences and perspectives. London: FK Publications. Harrison, D. (2001). Tourism  and the less developed world: Issues and case studies. Chicago, IL: Penguin Books. Hudman, L. Jackson, R. (2003). Geography of travel and  tourism: Focus on Brazil. San Francisco, CA: Pelshiver. Jafari, J. (2003). Encyclopedia of  tourism. New York, NY: John Wiley and Sons.

Thursday, November 21, 2019

Corporate Financial Management ( CORPORATE GOVERNANCE) Essay

Corporate Financial Management ( CORPORATE GOVERNANCE) - Essay Example firms reflected on the inability of the managers to ensure that the overall governance mechanism was well placed within the organizations to ensure their stability and compliance with the rules and regulations. Thus normally, the focus is on the managers for corporate governance ignoring the fact that there are various power structures as well as stakeholders within the organization who can effectively dominate the corporate governance process. The role of institutional investors as well as active shareholders has therefore become more prominent after the collapse of large institutions and now they actively take part in the board meetings etc. Large investors such as institutional investors therefore play a critical role also and one of the fundamental questions to be asked as to how to achieve the balance between those two power structures of the organization to ensure corporate governance process to take its deeper roots. Thus â€Å"the fundamental issue concerning corporate gover nance seems to be how to In order to properly discuss the above statement, it is critical that a comprehensive overview of the theoretical attempts made so far to discuss and originate the concept of corporate governance is discussed. One of the most potent theories that outline the potential conflict between the roles of managers and shareholders is agency theory. The birth of the modern corporate required that there must be separation between the ownership and control of the organization. This was done with fundamental aim of taking advantage of the skill level of others who can perform the job of managing the corporate in better manner as compared to the owners.(Igor& Deborah,2010). Agency theory basically attempts to study the nexus of different resource holders of the firm. Accordingly, a firm is just viewed as a contract between the different resource holders of the firm however, the arrangement of agency arises when principal (mostly shareholders) delegate some power and duties