Aspects of Contract and Negligence Essay Example | Topics and Well Written Essays - 2250 words - 1

Aspects of Contract and Negligence - Essay Example The Facts of Donoghue and Stevenson, and the Importance of This Judicial Precedent It is a civil action between two people (Mrs May Donoghue v. David Stevenson). It is important to state that it is not a criminal prosecution. On 26 August 1928, Mrs Donoghue was bought a drink by her friend at the Wellmeadow Cafe in Paisley. She consumed a portion of ginger beer, which contained an ice-cream float. All was well up to this point. However, when the other portion of the bottle was emptied into her glass, something that seemed to be decomposing remains of a snail floated out. The incident made Mrs Donoghue to feel unwell. Mrs Donoghue sued David Stevenson (the manufacturer of the ginger beer) (Scottish Council of Law Reporting 2008, p1). This judicial precedent was of great importance since it was decided by a jury. Most of the civil cases are decided by a judge without the involvement of a jury (Scottish Council of Law Reporting 2008, p1). What Has To Be Proved In Civil Action In Neglige nce And By Whom? A cause of action is a set of facts that establishes a right or claim to sue in the United Kingdom law. A cause of action justifies the commencement of legal proceedings. There are various causes of action. Each action requires certain elements to be proved by the claimant if he or she has to win the case. All the elements of cause of action must be thoroughly explained in the claim with supporting law and facts. The application of the facts based on the law must result in a logical decision and a claim for proper remedy. In civil litigation, the components of each cause of action have to be proved based on the balance of probabilities. A cause of action can emerge from an omission or act, violation of individual rights, failure to execute legal obligation or a breach of duty. All these have to be proved by the claimant in civil action in negligence. The circumstances or facts can cause an individual to seek legal remedy. For instance, in all cases of negligence, th e following elements of cause of action must be considered duty of care, breach of duty, and causation (FindLaw 2012, p1). How Compensation Can Be sought For the Distress Suffered and Loss of Earnings Compensation for damage caused by professional negligence or a breach of contract is usually difficult to deal with especially for the innocent party. In other words, it is difficult for the claimant to be compensated for the distressed suffered and loss of earnings. Decisions made by courts do not award compensation for distress, inconvenience, or anxiety. This is because if they permitted a claim for stress in the simple cases, it would probably open doors for more litigation. However, there are exceptions if the contrary outcome is procured. The objectives of each contract is to offer relaxation, free from molestation, peace of mind or pleasure, thus, damages can be awarded if one or all of the mentioned objectives are not met (Pro Neg 2011, p1). The Lord Atkins’s neighbour p rinciples are applicable in this case. According to the principle, the rule to love the neighbour in law is translated to indicate that the neighbour must not be injured. An individual must be very careful to avoid omissions or acts that can probably injure the neighbour. In law, a neighbour is someone who is directly and closely influenced by the actions of another individual (Chan 2011, p9). Thus, the claimant can seek compensation for

Business Plan Assignment Example | Topics and Well Written Essays - 1750 words

Business Plan - Assignment Example 2. Statement of purpose. 3. Table of contents. I. The BusinessA. Description of business. B. Marketing. C. Competition in the market. D. Ways of operating procedures. E. Personnel. F. Insurance of Business. II. Financial Information A. Loan applications. B. Capital. C. Balance sheet. D. Breakeven analysisE. Pro-forma income projections (profit & loss statements)F. Pro-forma cash flowIII. Supporting Documents 1. Tax returns for last three years Personal financial statement. 2. A copy of franchise contract and all supporting documents provided by the franchiser for franchised business. Copies of the following: a. Lease or purchase agreement. b. Licenses and other legal documents. c. Resumes, that of all the principals. d. Letters of intent and other relevant material. Using The Plan A business plan is considered to be a tool comprising of three basic purposes, which are communication, management and planning. A business plans serves as a communication tool that helps in attracting investment capital, attainment of loans, hiring workers and convinces them to work for the company and importantly plays a part in attracting strategic alliances and business partners. A business plan is said to be successful if the outcome of the business is profitable, a business plan that cannot help in attain profits is said to be an incompetent business plan. A realistic approach is required at almost every stage of business and allows an entrepreneur to workout all the potential problems and all the alternatives before launching the actual business. A business plan helps as... This assignment answers on many common questions on the topic of developing a successful business plan. In any marketing sector business plan is considered to be very important and a thoughtful business plan cannot be overemphasises because much hinges on it: financial support, management of the available resources like operation and finances, credit from suppliers, promotion and marketing and last but not the least company’s goals and achievements. The researcher mostly focuses on the successful writing of the business plan. It includes many steps, most significant that were mentioned in the assignment are: Description of business, Marketing, Insurance of Business, Financial Information on loan applications and capital, Breakeven analysis, Pro-forma income projections (profit & loss statements) and Pro-forma cash flow. It is also important to prepare Supporting Documents, such as Tax returns for last three years, Personal financial statement and copy of franchise for franchis ed business. This assignment also describes ways of Using The Plan in real-life situations. Usually, a business plan is considered to be a tool comprising of three basic purposes, which are communication, management and planning. In conclusion, the researcher also states that having good financing is not enough in attaining profits and proper knowledge and planning are required to manage it well. These help in strengthening the management of financing and avoid common mistakes like miscalculating or underestimating the cost of yout future business.

Project risk Essay Example | Topics and Well Written Essays - 3250 words

Project risk - Essay Example nd, this method engages defining a variety of threats, devising countermeasures should an attack take place, measuring the degree of vulnerabilities (TechTarget, 2009). 19 At the present the corporations are coping with reduced cycle time. Here, the critical delay is between the idea and implementation. Thus, corporations need to continually adjust corporate operations to meet up new marketplace conditions. In addition, successfully handling and managing new information as well as establishing it all through the business is critical to handling and managing these challenges. However, constant, business-wide knowledge sharing has, consequently, turned out to be essential. In addition, businesses implement solutions to tackle and share knowledge. The mainly widespread preliminary application has been in the area of learning and training. Unluckily, customary classroom training programs are excessively time-consuming and expensive to facilitate businesses to deal out mission-critical information rapidly as well as efficiently (OneTouch, 2009). Efstathiades, Tassou, Antoniou, & Oxinos (1998) stated that businesses whose survival relies on maintaining new, modern, well-informed business information require a flexible knowledge sharing. Thus, the business-wide learning is immediately one advantage of a comprehensive business knowledge sharing. In case of new technology establishment at the business enterprise there is need to assess a lot of factors and issues regarding the corporate management and technology implementation. Since, modern and up-to-date tools and techniques are offering huge business advantages, however in some cases the development of the information system was not a successful experience. Therefore, by means of risk assessment we could be able to manage and handle business new technology system implementation successfully (Efstathiades et al., 1998). This report presents a detailed analysis of the new business technology systems establishment at

Samedaymay30 Part 2, DQ1AB and DQ2 KD Essay Example | Topics and Well Written Essays - 250 words

Samedaymay30 Part 2, DQ1AB and DQ2 KD - Essay Example In 2008 the U.S derivative market was estimated to be worth over $600 trillion (Sheridan, 2008). Information asymmetry is imperative for the derivative market to function properly. I have a friend that invested $5000 in the derivative market last year. He lost the majority of his money because he did not perform good research and because he took big chances that did not pay off. An option is a privilege sold by one party to another which offers the buyer the right to buy (call) or sell (put) a security at an agreed-upon price during the specified period or on a specified date (Teweles & Bradley & Teweles, 1992). I did not realize prior to doing research on this subject that the U.S derivative market is worth over $600 trillion. To become an investor in the derivative market with instruments such as options one must be an advance or institutionalized investor. I would not recommend a novice investor to invest money in options. People entering the stock market are better suited to invest in financial instruments such as mutual funds. I agree with you that volatile markets lead to volatile pricing. A real life example of that effect is what occurs with food prices when scarcity influences the market. â€Å"Volatility in and of itself is a measure of price movement over a given period of time† (Learn-stock-options-trading, 2009). Risk must be considered when investing in options. â€Å"The vast majority of works on option pricing operate on the assumption of risk neutral valuation† (Ben-Meir, Schiff,

A Little Labor Knowledge Could Go a Long Way for HR as Unions Push Essay

A Little Labor Knowledge Could Go a Long Way for HR as Unions Push Into Private Sector - Essay Example 5. Secondary issue(s): The need for organizations to apprise themselves on current labor laws stemmed from the thrust of the National Labor Relations Board to familiarize themselves on the National Labor Relations Act which incorporates rights of the employees both in union and nonunion places. Further, current issues that emerged focusing on social media and â€Å"whether employer crackdowns on its use by employees venting about their job violates the National Labor Relations Act† (Pyrillis, 2011, par. 5). 6. Relationship of primary article discussion to this course (Strategic Planning & Implementation): The article discussed issues pertinent to the need for contemporary organizations to revert to giving significance in the role of industrial relations and labor laws. Upon closer evaluation, the article’s discussion is related in scope to the Strategic Planning and Implementation course in terms of anticipating changes in the external environment and assuming a more pr oactive than a reactive stance. As learned from the module, â€Å"strategic planning is a step by step process with definite objectives and end products that can be implemented and evaluated. Very simply, it is a process by which we look into the future, paint a picture of that future based on current trends, and influence the forces that will affect us† (Ahoy, 1998). 7. ... d to incorporate knowledge of current labor laws and industrial relations in anticipation of future trends that see the increasing importance of these functions in human relations management. In the article written by Lieberman (2010), she stressed that through effective application of strategic planning process, organizational success can be ensured. She enumerated six steps in the strategic planning process, to wit: â€Å"1. Identify the problem; 2. Outlining the process for developing appropriate strategies; 3. Establishing success criteria; 4. Brainstorm, prioritize, and select viable strategies; 5. Articulate clear, measurable action plans; and 6. Define ways to measure progress and success† (Lieberman, 2010, p. 1). As these appears to be a standard planning process, the differentiating factors emerge as the organizations’ ability to design appropriate strategies given the identified problems and in line with their mission and goals. Linking this discourse to the p rimary article, it can be deduced that lessons from stategic planning courses emphasize the need to look into the future so that the design of strategies would incorporate future trends and therefore the proactive stance is effectively implemented. The article written by Powell (1992) aimed to establish the link between strategic planning and financial performance. As averred, various studies have already published findings that enumerate the benefits of strategic planning in terms of directly improving economic value through generation of information; â€Å"it ensures a through consideration of all feasible options, it forces the firm to evaluate its environment, it stimulates new ideas, it increases motivation and commitment, it enhances internal communication and interaction, and it has symbolic value

Reflection on Leadership Essay Example | Topics and Well Written Essays - 250 words

Reflection on Leadership - Essay Example The leadership experience that I have gained is only from my studies especially when associating with my peers. My main strong point is my ability to communicate. I believe that communication is the main contributor to success. I therefore base my communication skills as my strong points. The area that I need some improvement on is the ability to work in a group setting. I tend to find myself more independent as opposed to been interdependent. I should improve on that so as to be able to work in a group setting. The activities that would help me improve on the skills are to engage myself in more group settings so as to be used to working with people. The other activities would be to engage in social activities so as to get used too many people. That means that I will be able to work in a group and I will also be able to engage my communication skills in the group setup (Luthans, and Avolio,

Postgraduate Education Personal Statement Example | Topics and Well Written Essays - 750 words

Postgraduate Education - Personal Statement Example This way I laid the foundation stone for my future career. My immediate future at university was admission to information management course. This step looks like a movement away from my plans. It is not the case! Information and management have become an integral part of any profession; even medical specialists are not excluded although they deal with their patients and are not involved in any other business. Therefore, the professionals dealing with business, accounts, finance and public are in real need of developing excellent skills in information and management. People, who have not received any formal education in a specific field, usually, can learn related skills through their daily experiences while being at work places. But strengthening of knowledge and enhancing understanding of any subject area demands living in an academic environment for quite some time. The importance of a good academic institution in the development of personality and guidance towards a specific direction can never be excluded. Prior to as well as during my university course work, I could find some opportunities to get working experience in my chosen field at the national and international levels. The work I have been involved in has strong associations what I have been learning at university and learnt at my schools. In fact, during these shorter periods of internship I could get orientation related to the practical work of my area of interest. I learnt about working environment of professional organizations, applied my knowledge and skills to carry out prescribed tasks and assessed my abilities to work in such environments. My stay at these organizations provided me a chance to practice what I had learnt in my class rooms; I analysed the information related to the clients using my statistical skills and based on these analyses suggested actions as appropriate as possible. I had a chance to improve my interpersonal communication skills, apply proper negotiation expertise, and develop proficiency in documentation and record keeping. The discussion sessions I had with my senior colleagues especially of the bank staff enriched my knowledge and improved my insight in the subject to a substantial level. In reality, It was a combined effect of taught courses, my short experience in various but related environments and encouraging feedback from my senior colleagues which boosted me up and compelled me to think for higher studies in finance (MA finance & investment), (MSc finance) (MSc accounting & Finance) (Msc investment), think for higher studies in economics and bankging (MSc int economics, banking). Moreover, I could also find an opportunity to talk and discuss with some of the alumni of school (name of the school) who liked the idea of applying to this business school (name of the school) and were optimistic about my admission to the programme (name of prog). Applying to a postgraduate degree course at your business school at the moment seems an appropriate decision. Based on my experience either at my academic institutions or at some professional organizations I reach to the conclusion that I must continue my studies in such a wonderful institution because I find myself to fulfil all the requirements of the course. At postgraduate level a combination of