Business law Essay Example | Topics and Well Written Essays - 2250 words

Business law - Essay Example The claims to be made in the paper will be proved with the help of legal cases which have been solved by applying the legal approaches of Parole evident rule and collateral contract. Introduction: Business dealings are made among enterprises by large each day which makes it evident that there needs to be a jurisdiction that would help the parties agree and abide by the clauses in the agreement. It is for this reason that business law is being practiced by the common law. In return common law is being applied to majority of the states making it liable for organizations all around the world to sign agreements and follow the legalities. Considering the legal courts of Australia, It would not be incorrect to state that it has provided the business enterprises many benefits regarding restitution and contracts. However, there are different types of contracts with exceptions which are being practiced and legally prosecuted. In this context, the written contracts in Australia are provided wi th a lot of remedies in case the contract is breached. But verbal promises that have not been included in the written contracts are not solved in case breached. ... Definitions to the terms: Breach--violation of the law which is written or oral in nature. Plaintiff-- a person or a party that would file a lawsuit against the violating party Defendant--- a person or a party against whom the case is filed. Points of Focus: Parole evident rule and exception followed by the suitable cases Collateral contracts and definition with the suitable cases Australian Courts and Remedy to breach of Parole evidence rule: It is an Australian law which is applied in case it is a matter of a written contract. Within the approach of parole evidence rule, it is evident that the court will note that all the clauses which are written or mentioned in the agreement are carefully following the signed affirmation of both the parties. This approach completely denies in case either of the party proposes a claim which is verbal in nature. The Australian court represents jurisdiction that completely disqualifies any verbal or oral promise making it much easier for the parties and the court to subject litigation if notice in any case1 The reason behind employing this legal approach in Australia for the business agreements is merely because it is able to save a lot of time. Another reason behind setting up the approach of parole evidence rule exemplifies the prevention of any faulty statement coming from either of the parties agreed upon the agreements. There has been a common ground of deviation noted in most of the legal business cases. All such cases have marked statements which were put forward by the parties in order to bring deviation the focal point of the agreement. In other words, it could be said that at times either of the parties is more likely to override

Comparison of Governmental Policies of India and China Regarding Essay

Comparison of Governmental Policies of India and China Regarding Economic Progress and Social Wellbeing - Essay Example This essay is one of the best examples of comparative economic analysis of the government involvement in promoting economic growth in China and India from 1950s to 2010s. Efforts to improve the social, economic and political systems in the countries around the world lies on the hands of the political leaders representing these sovereign states. However, this responsibility does not lie solely on one specific regime of leadership. Instead, it depends on the historical context of issues and policies that a series of governments in the countries put into place. The most successful economies around the globe affiliate their economic stability with the strategic devoted participation of the past government institutions in the countries’ history. Perfect examples of countries with improved economic status are China and India. However, the extents and strategies employed in these states differ. Similarly, the social well-being of the citizens of each of the named countries differ substantially. China and India have long economic histories. A series of challenges posed by the international economic forces may have played a paramount role in the development of counter-strategies in the two countries. Chinese government has been very active in ensuring that the social welfare of the citizens becomes a priority. For instance, the Indian government facilitated the slow progress of the economy despite increased propositions by renowned economies. The rate at which two governments facilitated industrial development differs substantially.

Metamorphosis Essay Example | Topics and Well Written Essays - 250 words

Metamorphosis - Essay Example The value of family, money and changes are included in the important lessons presented in Kafka’s story. The metamorphosis experienced by the man character can be considered as a representation of the challenges present in life that people have no control of. In terms of the financial aspect of the story, despite the dependence of a family to the breadwinner, things may change as the former harmonious relationship may become conflicting as represented by the primary character. The author also showed how people usually look at the appearance instead the attitude and inner character of a person before judging him or her. Also the limits of human beings for understanding were shown in the novel as the reader can feel how sympathy may be lost. Even though a family is expected to be close enough, it may occur and ruin the relationship. In terms of the mood of the story, it does not tackle the usual flow of the story as it distorted the common view or expected flow. The readers may have the expectation that it would be a light novel, but it was filled with problems and negativities. The novel is really good in capturing the attention and curiosity of the readers as it twisted the story into something that is not expected while sharing insights and lessons in life that may seem valuable and

Math Modeling Essay Example | Topics and Well Written Essays - 750 words

Math Modeling - Essay Example Thus both the subjects are pure creations of the human intellect and exist only in our creative plane of abstraction. In its outset, it seems surprising that there must be a mathematical basis for music, but centuries of mathematical thought form the theoretical foundation upon the modern musicology has been built. All fields of modern mathematics have found applications in musicology – from the simple tuning of instruments and the description of notes to numerical algorithms for tonal temperament. The very description of notes begins with mathematics. All the notes that we are familiar of - A, B, C major, C minor- and so on are ratios of each other. Music is nothing but the harmony of sound waves reaching our ears. Each wave is characterized by its amplitude (which determines its sound or pitch), frequency, shape of its wave envelope, beat and so on. The ‘A’ note for example has a standard frequency of 440 Hz. All corresponding notes until the next octave of 880 Hz are in a fixed ratio to each other (this ratio is the subject of our further discussion). It has been found from our experience that these notes are melodious and when played in the correct combinations create the sensation of music. This description might create a rather mechanistic view of melody but the selection of the right notes is not easy and can come only with deep knowledge, practice and a more than an average talent. String instruments use this manipulation of notes (or equivalently frequencies) to the fullest. A flute produces unadulterated notes. A string on the other hand also produces what are known as ‘harmonics’ of the original notes. A 440 Hz note has its ‘first Harmonic’ at twice the frequency and half its amplitude, the second harmonic at thrice its frequency and a third of its amplitude and so on. This iteration can continue as long as the frequencies are too high to be discerned or the amplitude is too low to be heard. Thus the

Integrated Approaches to Working With Children and Young People Essay

Integrated Approaches to Working With Children and Young People - Essay Example Moreover, these programmes are formulated with the intention of improving the quality of life of every children as well as young people. The Children Act 2004 provides legal support to all these programmes that are broadly initiated. Furthermore, this Act offers significant duties as well as determines the responsibilities for providing better services to children [1] (Crown, 2012). Every Child Matters ‘Every Child Matters’ is fundamentally considered to be the national framework for the programmes which are initiated in order to comply with the requirements of the youths and the children. This framework is initiated with the motive of increasing opportunities as well as decreasing risks that experience by the children or the young people. Moreover, the services which are to be rendered by the professional of these programmes are required to identify the risks that are associated with children as well as young people. The risks which are identified are required to be sor ted out in an efficient manner. The integrated working services can be rendered effectively with the assistance of local leaders and collaboration with local communities. Moreover, this framework determines the actions that are required to be undertaken by the local authorities and the support that is to be provided to the local authorities for carrying out these activities effectively (North Yorkshire County Council, 2013). The valuable outcomes of the ‘Every Child Matters’ that are mostly desired by the young people and the children have been portrayed hereunder. Being Healthy The children as well as the young people must possess better mental as well as physical health. Moreover, the young... This paper approves that integrated working is a process of involving every individuals as well as professionals who are included in welfare activities for the youths and the children. The children as well as the youths are required to be provided with better assistance as well as additional support in order to improve their life and growth. Risks as well as problems pertaining among children as well as young people are required to be identified at an early stage. Moreover, on identification of risks, measures must be undertaken to eliminate all these risks to children in an efficient manner. This report makes a conclusion that the government of the UK has initiated a programme named ‘Every Child Matters’ with the objective of providing additional requirement to children as well as young people in an effective manner. There are certain crucial outcomes that are mostly desired by children for better health as well as growth. Moreover, there are professionals as well as individuals who are entitled with the responsibility of meeting the needs as well as requirements of children as well as young people. Moreover, the government has also initiated that there should be lead practitioners who will be responsible for providing all the requisite packages of service effectively. In accordance with the scenario, Jordan is provided with SEN as well as SENCO decided that she will be offered with educational plan in order to provide enhanced educational facilities. These educational facilities will be provided to Jordan free of cost. All these will facilitate Jordan and h er family with better healthcare services.

John Donne Essay Example for Free

John Donne Essay A text is essentially a product of its context, as its prevailing values are inherently derived by the author from society. However, the emergence of post-modern theories allows for audience interpretation, thus it must be recognised that meaning in texts can be shaped and reshaped. Significantly, this may occur as connections between texts are explored. These notions are reflected in the compostion of Edson’s W;t and Donne’s poetry as their relationship is established through intertextual references, corresponding values and ideas and the use of language features. Edson particularly portrays key values surrounding the notions of the importance of loved based relationships, and death and resurrection: central themes of Donne’s Holy Sonnets and Divine Poems. The purpose of these authors distinctly correlate as each has attempted to provide fresh insight into the human condition by challenging prevalent ideals. Thus, Edson incorporates Donne’s work to illuminate both explicit and implicit themes, creating an undeniable condition. Prior to John Donnes Judeo Christian conversion he believed that life was only fulfilling if shared with another individual. He conveyed in his pre-conversion poems and stressed the power and importance of love to a persons well being and existence. Donne contrives the idea that love must not be a Dull Sublunary lovers love, rather a relationship where two souls are one, a love, he explores his conceit, so strong it can stretch like gold to aery thinness. His geometrical conceit explains that relationships Shine here to us, and thou art everywhere; This bed thy centre is, these walls, thy sphere. During the 17th century everything revolved around the sun, saying that lovers went against it was seen as going against the, thus showing how vital relationships are to human existence. The medium of a play allows us to a different view on how important love is one lifes, and what is to be lost with its absence Donnes values according to lifes meaning and relationships are reworked by Margaret Edson within W;t. Vivian Bearing is constructed to reflect the secular view point, preferring research to humanity, the motif Edson creates in Bearing as she misses the point Donne makes about relationships, seeking instead to be making a significant contribution to knowledge. Bearing does not mind the lack of relationship she has, correcting Susie she has none, to be precise, distinctively juxtaposing Donnes views on relationships and their importance. Bearing reflect the individualism of the estern culture when she is distinguishing the [herself] in illness facing the world alone. However Bearing reflects how after many years with being uncomfortable with kindness she wishes her doctor would take more interest in personal contact. The implicit connections Edison portrays between an orange two stick Popsicle shared between Bearing and Susie, and Donnes twin compass displays Bearings recognition of the importance relationships should play in life. Edison challenges secular humanists through her textual construction of dialogue and motifs to question the importance relationships play in order for a meaningful life to be attained. The existential question of what lies after death is one that writes have pondered for years. Donne explicitly demonstrates his battle with this concept and his beliefs about theology, death and afterlife after he is converted to his Judeo Christian faith. Death was not easy to ignore in the 17th century as executions and daily mortuary carts attributed to the fear and awareness of death. His compliant tone throughout his poetry clearly indicates that he feels that he feels some degree of confidence that God will accept his soul into heaven, evident when he apostrophises death to be not proud, though some have called thee mighty and dreadful, that death should not be feared as it is a rest and sleep till the forgiven wake eternally. A possible passage through the American continent to the indies was earnestly being explored just as the poets body was probably being probed and prodded to seek enlightenment or a successful path. This analogy is made clear by the clever extended pun on straits as both a trade route and a personal dilemma. They are itemised so that the link is not missed for the Western Sea, to which all the straits led, also represents death and entry into the next life: So death doth touch the Resurrection Likewise to John Donne, Edison engages with the concept of death and what, if anything comes after it. While Bearing does not openly ponder what comes after death in the play, she is tangibly struggling with the fear of death. Her own feelings are mirrored by Donnes If poisnous minerals is shown through her analysis. In her analysis she says, Donne finds Gods forgiveness hard to believe, so he crawls under a rock to hide. Rather than trust Gods mercy I want to hide. I just want to curl up into a little ball. Donnes poem If Poisonous Minerals has a direction relationship to the The Runaway Bunny read by Bearing in her childhood. It provides for her an allegory for Gods mercy allowing her to find solace, No matter where it hides, God will find it. Where Donne presents this same allegory in a complex manner, the book is simple. Bearing is redeemed and able to die peacefully with this understanding of compassion. It is in the final scene that Edson reshapes Donnes ideas on eternity and resurrection of the play with bearings humanistic post-modern sight. Donne, in his Judeo Christian context, prepares himself for God to take his soul into heaven, whereas the humanistic post-modern understanding of the resurre ction that Bearing obtains brings an end to her suffering an pain when the lights out.

Strategic Alliances: Reasons and Types

Strategic Alliances: Reasons and Types Introduction Strategic alliances and why are they formed Strategic alliances can be seen as one of the fastest growing trends for business today; Alliances are sweeping through nearly every industry and are becoming an essential driver for their super growth. A strategic alliance, by definition, is a form of affiliation that involves a mutual sharing of resources for the benefit of all of the strategic partners. â€Å"Mutuality† is key (Beavers 2001). The business consideration is whether both alliance partners need each other. Strategic alliances range in size and scope from informal business relationships based on simple contracts to joint venture agreements, some times where corporations are set up to manage the alliance. According to Vyas et al (1995) strategic alliances are cropping up across the global arena mainly due to the maturation of several trends of the 1980s, such as: intensified foreign competition, shortened product life cycles, soaring cost of capital, including the cost of research and development, and ever-growin g demand for new technologies. However, strategic alliances can be tricky. Partnerships foster mutual benefits, but the alliances exist only as long as they are advantageous to both parties. Research indicates that a high proportion of strategic alliances fail (Forbes 2002; Lorange and Roos 1991; Day 1995). This essay explores concept of strategic alliances drawing from Mintzberg et als schools of strategy and then critically identifies the main factors that determine the design and delivery of effective co-operative strategies. It does so by using the case study that pertains to Avebe and Noveon Alliance. Why? For many multinational firms, strategic alliances have become increasingly important tools for ensuring speed and flexibility in carrying out multinational strategies. A typical example is SEVEL (Societa Europea Veicoli Leggeri), the 1978 strategic alliance between Fiat and Peugeot for the production of a new light van named Ducato. Both parties were short on resources and saved time and energy by combining their RD and manufacturing efforts (Lorange and Roos 1991). Strategic alliances can be effective ways to diffuse new technologies rapidly, to enter a new market, to bypass governmental restrictions expeditiously, and/or to learn quickly from the leading firms in a given field Mintzberg et als Schools of Strategy Strategic alliance is an agreement between two or more individuals, or entities, or organisations to cooperate in a specific business activity, so that each benefit from the strength of other and gains competitive advantage. The formulation of strategic alliance has been seen as a response to the globalisation and increasing uncertainty and complexity in the business environment. Strategic alliances involve the sharing of knowledge and expertise between the partners as well as in reducing the risk and costs in areas like relationship with the supplier and the development of new products and technologies. Strategic alliances usually make sense when the parties involved have complimentary strengths. Its unlike full-scale acquisition, an alliance does not give a firm total control over its partners. Avebe and Noveon Alliance Case Study. Avebe, a Dutch company, established in 1919 as a joint sales organisation for the greater part of the Dutch independent potato starch industry. Through research and development, joint ventures and acquisition in Netherlands, Europe and Worldwide, Avebe now plays a major role in the global sales, marketing, production and development of potato starch and starch specialities used in food, pharmaceuticals, animal feed, textile, paper and adhesives. Avebes specialities are used by the textile industry for obtaining good weaving efficiency, to obtain smooth fabrics, and for sharp and durable printing of fabrics. Noveon, headquartered in Cleveland, Ohio with regional centers in Belgium and Hong-Kong, is a leading global producer and marketer of technology advanced speciality chemicals for a broad range consumer and industrial application. Noveon was recognised as leading producer of polymers. It was also acknowledged as the largest producer acrylic acid for synthetic polymer. Reason for cooperation Avebe Avebe was outstanding in printing thickeners but not yet in reactive dye printing market. It was not possible for Avebe to enter into this market as it was purely a starch based industry. Only a combination of starch and synthetic polymer could help them enter this market. For this Avebe had two options- Noveon and Alloid Colloids (under ICI Corporation, England). Combination of Avebes and Noveons products in laboratory test showed excellent printing thickness for reactive printing dye market. The final selection was based on four considerations, namely- Noveon had the same synthetic polymer as that of ICI in dry form and Avebe was expert in dry blending. Dry blends resulted in more efficiency both in space and cost compared to liquid one. Noveons synthetic was proved the best when combined with Avebe than any other. Noveon had excellent market expertise in the US, which Avebe lacked. Combination of Avebe and Noveons expertise expected around 25% of the new market to either company. Reasons for cooperation Noveon Noveons alliance with Avebe started by an accident. Noveon acquired QSI in South Carolina in 1994. QSI used to purchase natural starches from Avebe for its operation. This was the start of their joint venture. Synthetic polymer Noveon had was fairly expensive; while Avebes natural starch was relatively cheap. They expected that blending of these two would result in better quality at reasonable price. Noveon expected that the price of synthetic and natural thickener blends would increase in US and Europe, due to the demand for high quality products. Combination of synthetic and natural thickeners could reduce the cost of dye stuff and chemicals. The saving was estimated to be around $ 1 million per year. Noveon selected Avebe for their technology. Far East and Europe preferred Avebe as their best choice. Initial agreement The agreement was signed by both the companies on 24th March 1995. After two year, to anticipate competition, both the companies formulated a marketing agreement for their joint product. The agreement was as follows- Division of the world market. As per this agreement, Noveon agreed market their product in America and the Caribbean. Avebe agreed to market its product in Europe, Asia- pacific and Russia. China and India was open for both. Restriction on sale of each others product. As per this agreement Avebe was forbidden to sell Noveons product and Noveon agreed not to sell Avebes products to any other company without a prior consent of other. 3) Information exchange/ training. Both Avebe and Noveon agreed for a meeting once in six months to exchange development, manufacturing and technical service information relating to their joint venture. Reasons for alliance 1) Alliances assist the firms learning and diversification into new areas of activities. Alliances help to extend a firms competitive advantage in several ways. A firm enters into strategic alliance because this can potentially provide benefits that are not possible through either internal development or external acquisition. This helps the company to acquire benefit by reducing the cost rather than taking it all by itself. An alliance stand as an intermediate to help the allies enter into new industry and markets. 2) Alliance provide useful platform to test their products in new markets. Alliances help in extending and renewing their sources of competitive advantage while expanding globally. This helps the new companies to enter into new market with little market knowledge. By this these companies learn how to compete in the global market. Working together helps in overcoming the economic obstacles too. 3)  Design School of strategic management- Henry Mintzberg This prescriptive school of Mintzberg see strategy formulation as a process of conception which is responsible for the development of strengths, weaknesses, opportunities and threats of the organisation (SWOT). In this school the strengths and weaknesses are of the company are mapped along with the opportunities and threat in the market place. This is implemented in order to formulate clear and unique strategies in a deliberate process. In this the internal environment is matched to the external environment. This school mainly helps in reducing ambiguity and is mainly used in stable environments. It supports strong and visionary leadership. The main drawback of the design school is that it is weak in a fast moving environment and there are risks of resistance. It also has many variables and is inherently complex and also inflexible. Types of strategic alliances Strategic alliances can be classified into three main types: Shared- supply alliance Shared- supply alliance bring together companies which join forces to achieve economies of scale on a given component or on an individual stage in the production process. The shared elements are further incorporated in products that are further incorporated in products that remain specific to each other and that competes directly in the market. This type of alliance is formed when the minimum efficient size at a particular stage in the production process is much greater than for the entire product, and when neither of the partner produce large enough to achieve the critical size. Shared- supply alliance are usually formed between partners of comparable size. This alliance primarily involves research and development (RD) and manufacturing activities. Coordination of research activities between the partners makes it possible to optimize the use or resources. These alliances are usually formed by firms operating in the same zone. In this case of shared supply alliance the assets and ski lls that the partner companies bring to the joint project are similar in nature and their goal is to benefit from increased economies of scale. Quasi- concentration alliance This alliance brings together companies that develop, produce and market a joint product. There is no open competition in quasi- concentration alliance. Quasi- concentration alliances are primarily characterized by transactions between the consortium of allies and the market. Transactions between the companies are also carried out within the alliance. This alliance covers all the main functions involved in carrying out an activity, that is, research and development, manufacturing, and marketing. Marketing and sales are either split between the partners on the basis of geographic presence or carried out jointly. Complementary alliance. Complimentary alliances bring together companies which contribute assets and skills of different natures to bring up a combined project. Here one manufactures the product, which is marketed by others distribution channels. There is no competition within the allies. This type of an alliance is mainly formed by only two parties.