Saturday, October 5, 2019
International Aspects Of Business Law Coursework - 1
International Aspects Of Business Law - Coursework Example One of the event was several boxes were dropped by the crane during loading of the consignment. It occurred due to overloading of the net through which the boxes were lifted. Secondly, the carrier during the course of voyage also encountered rough weather conditions. Now the matter of concern for the buyer namely, Nee Soon Wat was the extent of damage of materials in the dropped boxes. But after inspection of the dropped boxes he found that the objects were intact. So he formally accepted the goods and paid Sefton Toys for the consignment. But at the time of unloading of the consignment it was discovered that rest of the uninspected shipment got affected largely due to shifting during the rough weather of the voyage. The improperly stowed cargo was the reason for shifting of the boxes. Furthermore, some serious mistake in the date of the paper works related to bill of lading is also present. Some information regarding the shipping terms are also provided in this case study to resolve this problem. Those are: firstly, during this transaction shipping terms were under Incoterms 2000. Secondly, the contract made by them expressed to be subject to the UN Convention on Sales 1980 (Vienna Convention). Findings from the statements of law The contract between Sefton Toyââ¬â¢s and Nee Soon Wat was based on two contractual laws; Incoterms 2000 and UN Convention on Contracts for the International Sale of Goods. According to, UN Convention on Contracts for the International Sale of Goods the obligations of buyers and sellers are given below which will help to resolve this case. Obligations of the seller According to this Convention generally the obligations from sellerââ¬â¢s end is the delivery of goods along with documents in conformity with the contract. This Convention also made supplementary rules which can be used in absence of agreement of contract. These rules states how, when and where the obligations should be performed by the sellers. It also provides numer ous rules about the sellerââ¬â¢s obligations regarding quality of the commodities being sold. It suggests the seller must convey the commodities matching to the quality, quantity and description which are requisites of the buyer defined in the contract. The goods to be also packaged and marked according to the requisites of the buyer described in the contract. One significant rule which involve sellerââ¬â¢s obligation is that the delivered merchandise should be free from third party rights or claims. There is another rule which is connected with the buyerââ¬â¢s obligation that is to inspect the goods. If any lack of conformity is discovered by the buyer in accord to the contract he must serve a notice within a rational period. It must be within 2 years from the delivery date of the consignment. (United Nations Convention on Contracts for the International, p.38) Obligations of the buyer According to this convention the obligations from the buyerââ¬â¢s end are making the payment for the goods and accepting the delivery in accordance to the contract. During making payment it also includes performance of duties
Friday, October 4, 2019
Risk Assessment for Retail Property Investments in Ireland and Europe Essay
Risk Assessment for Retail Property Investments in Ireland and Europe - Essay Example The rise of disposable income (predicted to exceed 100 billion by 2010) and population growth in Ireland are the reasons that led to the escalation of the retail property segment. The retail investments contributed 52% of the total property investments in 2006. Retail parks and retail outlet centres have shown the most prominent growth in the retail sector since the year 1990. Some counties in Ireland like Leitrim and Roscommon do not have any shopping centre facilities at all while others like Laois, Kilkenny, Carlow, Westmeath and Louth are oversupplied (Market News, 2006). The oversupply is a cause of concern for the retailers as it leads to more competition. The depression in the housing market, rising unemployment and other adverse economic conditions have affected the spending capacity of the customers in a negative fashion (Retail sector becoming more competitive, 2008). Fig. 1 shows the pedestrian foot fall in the first three months of 2008 on the two main streets of Dublin i.e. Grafton Street (down 9% as compared to the previous five years) and Henry Street (down 12%)(Finfacts Team, 2008). However the conditions in Ireland are better than in other European nations. There is a vast scope of foreign retail investments in the country as compared to other European countries. The spending power of people is superior and the economic conditions are favourable for the retail expansion than those in other countries of Europe. The growth of the property sector also depends on the global economic scenario. The availability of funds from the banks for new ventures in the retail sector will also hamper its growth. There is a concern about the oversupply and resulting stagnation as happened in the housing market. The investors must make sure that the overdevelopment does not have a negative impact on the rental and capital values. As shown in the fig.2 the rents in a major street in Dublin are very high compared to other countries in Europe and are stable over a couple of years, with retail shopping centres making the major contribution (Finfacts Team, 2008a). Fig.2 (Finfacts Team, 2008) The current scenario in the retail market in other European nations is as follows: There is a vast scope of retail development and investment in the Baltic States of Estonia, Latvia and Lithuania. The retail sector is not fully developed yet and offers a great possibility of economic expansion. Eastern European countries like Poland, Hungary and Czech Republic have saturated retail markets in major cities and the focus of development is shifting to smaller regions. There is a huge retail investment opportunities in form of shopping malls and retail stores in Central European countries like Slovakia, Romania, Bulgaria and Russia. Portugal and Denmark will mark more than normal retail trade expansion. Demand in these countries is more than supply, making them potential development prospects. UK is likely to experience a slowdown in the retail market investments as shown in fig.3. Fig.3 (Finfacts Team,
Thursday, October 3, 2019
Aims and objectives Essay Example for Free
Aims and objectives Essay Based on these characteristics of project management, it can be gathered that an event is also a project. What distinguishes an event from other projects is that it has a very strong marketing element because it involves many actors, from the provider of the product or service and the prospective clients. Events assembles people therefore there is a collective sense of objective. Because of this attendance, events therefore have a strong promotional element (Soares). When it comes to bars and clubs, it is important that these establishments market themselves effectively in order to maintain their businesses. These establishments rely on customer count as a source of profits especially as they sell products like food and drinks, and services such as dancing and other entertainment-based gatherings. It is therefore important that these bars and clubs ensure they have a strong patronage and customer flow in order to assure that their businesses remain competitive. In observing the bar and club scene, there is much competition especially in a city like London. In looking at resources for these events such as TimeOut, there is always a list of bars and clubs with their respective events. These events may include a theme night, a special guest DJ or performer, a concert, and other gimmicks. It can be also observed that these events are strongly driven by sponsorships such as partnerships with relevant products and services like alcoholic drinks, fashion labels, and other lifestyle related products and brands. In this regard, when it comes to the application of events management concept in bars and clubs, it is evident that these have had some successes. This therefore elicits close inspection as to how these concepts are applied and which concepts are successful. It should be noted that due to the strong marketing element in these initiatives, these bars and clubs are also subject to what is known a product life cycle a cycle in which a product or service may start to plateau and decline. Hence, this reflects as to why bars and clubs may have their time; some bars and clubs that were famous a few years ago may have already shut down or are losing customers because new concepts get introduced in the market. It can be also observed that certain event themes also went through their peak and lost their lusters; examples are the raves, the cream parties, and the bubble parties, among others. Hence, this shows that although generally, events management concepts work in the context of bars and clubs, they dont work all the time and are not necessarily sustainable. This thereby shows the strong association between a project and an event something that is unique that has beginning and an end. This research therefore aims to explore the events management concept at greater depths by means of looking at the actual applications and the industry practices. As certain events tend to become old, the turnover of new events concepts need to be examined, especially in a market with changing preferences and values. In addition to the aspect of events concepts, the management aspect is also examined by this paper. This is especially important as the market is volatile, and the entertainment and leisure sectors tend to get easily affected by economic and market challenges. This paper examines how events actually take place and how certain strategies may need to be formulated in order to respond to challenges in resources. This therefore bring up the issues on cost management and how bars and clubs intend to profit from their events. This may then bring up certain events management concepts and applications from other event genres as applied in affairs that take place in bars and clubs. The events management industry in the UK is a million-pound industry considering the number of events held in the country, from conferences to major concerts. The industry also involves many sectors including those from the hospitality, entertainment and leisure services. This research therefore localises an exploration of events management in a specific context, and identifies the important factors that can affect the relevant businesses and establishments in this sector. In order to have a substantial insight on events management concepts in the context of bars and clubs establishments, this research therefore aims to achieve and implement the following: To develop a framework of evaluation on the applicability of events management concepts as integral elements to the marketing success of bars and clubs. To establish how events management applications are integral to the success of the bars and clubs sectors. To create a workable research framework as based on the assessment of actual movements and developments in the dynamics of bar and club business in the city, especially as to how the application of events management concepts make a difference to the business of the bars and clubs. This includes both primary and secondary research. To identify the factors leading to entertainment establishment success in the context of the marketing mix, with an emphasis on the promotional dimension. Based on the sourced literature, it appears that there are a few studies with regards to events management, especially as to how these affects bars and clubs. Because of the close nature of events with projects, and due to the function of events as marketing tools especially in this specific context of the study, much of the reviewed literature touches on the marketing aspect, the project and event management resources, and some literature touching on bars, clubs, nightlife and other entertainment establishments.
Conflict Theory and Terrorism
Conflict Theory and Terrorism PUBLIC POLICY TOWARDS TERRORISM Basic Principles of Conflict Theory: Conflict theory is the principal alternative to functionalism. The Conflict Theorists shared numerous significant assumptions to view the world with different angles. Conflicts theorists perceive and arena in which crowd seeks influence, where functionalists glimpse interdependence and consensus. According to conflict theorists the control of conflict generally means the ability of one group suppressing the opponent group temporarily. The functionalists believe that societies will progress through the social mechanisms to deal with the social conflict. Conflict theorists observe civil law is a technique of defining and holding a particular social order than benefits some at the expense of others. While Functionalists see civil law as a way of increasing social order. Conflict theorists emphasize on the shifting power between competing groups. Where as Functionalists focus on interdependence and equilibrium. It can be sub divided into Marxism and Neo-Marxism. Social scientists are bel ieved to have moral duty to critique society. It cannot be objective of refusal to separate analyst from the judgment or fact, and also believes in that society can be constructed in such a manner where there is no chance of conflicts and Weberian Conflict Theory. Conflict cannot be separated from the social life, rejects the objection of the ideas of social science, with the intention to establish a scientific social science. According to Marxism an entirely contemporary theory ruins as many sociologists work and it is an integrated perspective. According to Neo-Marxism, where as economic sub structure is concerned the culture and ideology are its reflection. And contemporary Sociologists views the importance of superstructure is in its own right. The cultural factors play their own role in maintaining inequalities among class as per the eyes of European Neo-Marxists. C. Wright Mills, sociologist had combined a conflict perception with a tough critique of the social order. According to him there is threat in future, believe that that there is immorality in political and economic systems of U.S., in consideration of political parties are manipulative and craziness, they put their services themselves and calling it as free research value. For him the major issue is the relationship between bureaucracy, isolation and the centralization of power more in a ââ¬Ëpower elite. Now a days media plays a significant role by communication about terrorism and focusing on how to react, how public should take that and how to ââ¬Ëfix terrorism, overwhelmingly the fact that terrorism is not a new thing while it has been around for years and more highly, ignoring the enormous amount of study and publications starting the different theories of terrorism. As per the terrorist act is concerned, terrorism is nothing but it is a sort of frustration which may create in the mind of persons due to misguidance, illiteracy or unrealistic and the conflict is antagonistic behavior resulting from individual frustration, aggression or pugnacity. Subsequently they use violence, they also believe that unless we do this violence we will lose an existent power struggle, therefore it now regarded that terrorism is a tool of the weak. First they do not have the resources such as money, people and political power to wage an actual war. Second, terrorist used hostility as a means, not a goal, while the main goal is to agitate, expose and emphasize the weaknesses and inability of the government and civil machinery to achieve their direct political objectives. Some of the most highly regarded terrorist profiles are Timothy McVeigh, Theodore Kaczynski, Osama bin Laden. Terrorist Activities: In the present scenario the number of states getting affected by terrorism is increasing day by day. Terrorist activities became an integral part of guerrilla warfare, the kind of political violence which are facing is relatively a new one. This is considered as a significant and distinct mode of armed conflict. It is only an aggrieved group has sufficient means to maintain violence on its own without bear from other states. Few states provide moral support to such group which might sound tiny way from being neutral, but valuable moral support from states that promote the political objective. The acts done by the aggrieved groups can be classified as Frivolous actions: Perus electricity poles in Lima city being blown up consecutively for 4 years during the New Years Eve. Indiscriminate Bombings and killings act of disruption and creating atmospheres of fear and insecurity. Hijacking of planes and taking hostage became one of the problems into the international prospect. In order to tackle the situation against the terrorist keeping Public policy in mind, the governments are taking appropriate actions such as killing the terrorists quickly as the best deterrence available is to kill the terrorist. Gathering information and getting cooperation from national as well as international intelligence organizations. Some of them include Organizations such as Interpol, FBI, Europol, etc. ââ¬Å"FBI/CIA/Europoleâ⬠is regarded as world intelligence agency.. Dehumanize, demonize, terrorist. Actions against money laundering, is also regarded as best means to control supply of money, to the terrorist. There is a difference to face and terrorism. The decision part will be in the hand of the political leaders here. In hijacking and hostage operation the decision lies on the political leaders. There will be involvement of several international organizations and concerned states for such problems. It decision depends on several things so government should have a proper agenda to face these type of situations. Complying laws with human rights is also necessary. Or else terrorist will use this to voice their protest more and change the sensitive minds set of youngsters. All the theories meant will give basic guidelines about the system and the problems in the system and it is up to the policy makers to use those theories to enact perfect laws that can curtail the problem. References: 1. Conflict theory, December 22, 2007. 2. David J. Whittaker,( 2004), Terrorists and Terrorism in the Contemporary World. Routledge, New York, Pp: 63. 3. Khan, A. (1987) ââ¬ËA legal theory of international terrorism, Connecticut Law Review. pp 945-972. 4. J. Paul De B. Taillon, Hijacking and Hostages: Government Responses to Terrorism. Praeger, Westport, CT. Publication Year: 2002. Pp: 159 5. J. Paul De B. Taillon, Hijacking and Hostages: Government Responses to Terrorism. Praeger, Westport, CT. Publication Year: 2002. Pp: 49 6. Tay Kok Siong, D., Yong Wee, F. and Kien Meng, W (July 2001), Terrorism and Game theory.
Wednesday, October 2, 2019
Free Euthanasia Essays: Assisted Suicide and the Supreme Court :: Free Euthanasia Essay
Assisted Suicide and the Supreme Court The Court upheld two state laws absolutely prohibiting assisted suicide, stating that Washington state's law does not violate constitutional guarantees of "liberty" (Washington v. Glucksberg) and that New York's similar law does not violate constitutional guarantees of equal protection (Vacco v. Quill). Oregon's law selectively permitting assisted suicide for certain patients had been found by one federal district court to violate equal protection; that ruling was not before the Supreme Court. See Lee v. Oregon, 891 F.Supp. 1429 (D. Or. 1995), vacated on other grounds, 107 F.3d 1382 (9th Cir. 1997), cert. denied, 118 S. Ct. 328 (1997). As Chief Justice Rehnquist said in his majority opinion in Glucksberg: "Lee, of course, is not before us... and we offer no opinion as to the validity of the Lee courts' reasoning. In Vacco v. Quill..., however, decided today, we hold that New York's assisted-suicide ban does not violate the Equal Protection clause." Washington v. Glucksberg, 117 S. Ct . 2258, 2262 n. 7 (1997) (emphasis added). To this day no appellate court in the country has ruled on the constitutionality of a law like Oregon's. The Court also said nothing about assigning this issue to state as opposed to federal jurisdiction. In reviewing the Nation's longstanding tradition against assisted suicide, it cited federal enactments such as the Assisted Suicide Funding Restriction Act of 1997 alongside state laws. Illustrating the government's interest in protecting terminally ill patients, the Court favorably cited an earlier decision upholding the federal Food and Drug Administration's authority "to protect the terminally ill, no less than other patients," from life-endangering drugs. Washington v. Glucksberg, 117 S. Ct. at 2272, quoting United States v. Rutherford, 442 U.S. 544, 558 (1979). What the Court did rule is that laws prohibiting assisted suicide (whether state or federal) are constitutionally valid and serve several important and legitimate interests. Excerpts follow: Washington v. Glucksberg The question presented in this case is whether Washington's prohibition against "caus[ing]" or "aid[ing]" a suicide offends the Fourteenth Amendment to the United States Constitution. We hold that it does not... In almost every State -- indeed, in almost every western democracy -- it is a crime to assist a suicide. The States' assisted-suicide bans are not innovations. Rather, they are longstanding expressions of the States' commitment to the protection and preservation of all human life.
Tuesday, October 1, 2019
United Biscuits :: United Biscuits Business Management Essays
United Biscuits 1. Introduction United biscuits were founded in 1948 with the merger of two Scottish family businesses, these were McVities and the Price and McFarlane Lang group. It was developed furthermore when they acquired Crawfordââ¬â¢s Biscuits and MacDonaldââ¬â¢s Biscuits. More recently in 2000, United Biscuits was bought by Finalrealm who were a consortium of investors and the company reverted to a private company status. 2. Ownership In 2000 United Biscuits were bought by a consortium of four businesses, these four businesses own different percentages in the company which is dictated by the amount of money which they invested. The four businesses were Cinven who own 30%, PAI Partners who also own 30%, Nabisco who own 25% and finally MidOcean Partners who own 15%. United Biscuits were reverted to being a private limited company, this is unusual because private companies tend to be smaller than public companies and often are family businesses. To be a private company there must be at least two shareholders, which United Biscuits have two more than the minimum. Shares in privately owned companies cannot be traded on the Stock Exchange and often shares can only be bought with the permission from the board of directors. The board of directors is a group of officials whose job it is to protect the shareholdersââ¬â¢ interests, they also choose the managing director who looks after the daily running of the company. With private limited companies the shareholders choose the board of directors, who then choose the management, this is done at an annual shareholders meeting. Companies that are private have limited liabilities and this may make them more attractive to stakeholders in the company because they are only liable for their share value. Shares are a good way of generating capitol for new ventures because they can release shares for a certain amount and depending on how many they sell they will have an instant rise in capitol. There are only a few disadvantages in comparison to an unlimited liability business, they have to share the profits out between the shareholders and decisions canââ¬â¢t be made quickly, they also cost more to set up. United Biscuits could become a public limited company, and to do this they would have to float their stocks on the Stock Exchange. One of the main benefits of doing this is that large amounts of capital can be raised very quickly, to every ââ¬Å"up-sideâ⬠there must be a ââ¬Å"down-sideâ⬠and this is that the control of the business can be lost if large amounts of shares are bought because this would possibly result in a takeover. To become a public company the directors must apply to the Stock
Merchant of Venice (Anti- Semitism)
Questioning Humanity The Merchant Of Venice In the Merchant of Venice by William Shakespeare, Shylock is portrayed as a manipulative, greedy, and money hungry man who, throughout the book, is consumed with the deterioration of his enemies. Because of the prevailing anti- Semitic sentiment in Shakespeare's time, you would naturally assume that the Merchant of Venice is an anti- Semitic play. However, as you continue to examine the text, Shakespeare portrays Shylock in a much more human way than was generally done in those days and he shows that Shylock is, in fact, a part of humanity.Shakespeare challenges anti-Semitism by showing that Jews are just like Christians. He does this by proving how the imperfections that people have are what make us human. Even today, Shakespeare shows the world how hypocritical people can be, no matter their religion, race, or personal beliefs. Shakespeare uses irony in this play to illustrate that the bad things that Shylock (the Jew) has done are no wor se than what Antonio (the Christian) has done in his lifetime.Therefore, this creates the effect of humanizing the characters and demonstrates that regardless of religion or race, people have both good and bad sides. Although Shylockââ¬â¢s Jewishness is made apparent from the very moment he is introduced, and thus seems to reinforce Shakespeareââ¬â¢s work as being anti-Semitic, it is in fact Shylockââ¬â¢s wit and humanity that reveal how Shakespeare challenges such bias. Before Shylock even enters the play, the scene introduction mentions that he is a Jewà à and immediately sets your mind against him, especially in Elizabethan England when Jews were alienated.Shylock quoted, ââ¬Å"[Antonio] hath disgraced me [Shylock] and hindered me half a million, laughed at my losses, mocked at my gains, scorned my nation, thwarted my bargains, cooled my friends, heated mine enemiesââ¬âand whatââ¬â¢s his reason? I [Shylock] am a Jew. (3:1:52). â⬠While Jews were scorned because of their religious beliefs, Shakespeare made it clear that each religious group hated each other. For example, Shylock says, ââ¬Å"I hate him for he is a Christian (1:3:40). â⬠Therefore, although Shylock is made the ââ¬Å"bad guyâ⬠in this play, he isnââ¬â¢t the only one guilty of religious discrimination.Shakespeare makes it clear that both Antonio and Shylock have no religious tolerance for each other and are prejudicial toward each otherââ¬â¢s religion. Although William Shakespeare leads you to believe that Shylock is prejudiced toward Christians, the reason for his hatred becomes clear when you learn that he is a man who is abused by the Christians surrounding him. Shylock has a reason for his hatred, ââ¬Å"You call me misbeliever, cut-throat dog, And spit upon my Jewish gaberdine. 1:3:121)â⬠Shylock defends his hatred when he says, ââ¬Å" Hath not a Jew Eyes? Hath not a Jew Hands, organs, dimensions, senses, affections, passions? Fed with the same food, hurt with the same weapons, subject to the same diseases, healed by the same means, warmed and cooled by the same winter and summer as a Christian is? If you prick us, do we not bleed? If you tickle us, do we not laugh? If you poison us do we not die? And if you wrong us, shall we not revenge? If we are like you in the rest, we will resemble you in that.If a Jew wrong a Christian, what is his humility? Revenge. If a Christian wrong a Jew, what should his sufferance be by Christian example? Why, revenge! (3:1: 52)â⬠Therefore, it is Shylockââ¬â¢s human nature that leads him to despise Christians, not because of their religious beliefs directly, but because of their hatred of him simply because of his religious beliefs. Shylock defends his humanity by showing the Christians that they are no different from the Jews they treat with such disrespect.Shylock has a desire for revenge, which further humanizes him and connects him with Antonio. Because of Shakespeareââ¬â ¢s choice of words, he leads you to believe that he is an anti-Semitic. However, a closer look at how Shakespeare shapes the play illustrates a deeper themeââ¬âthat people are people, no matter their religion, race, or beliefs. Shylock doesnââ¬â¢t preform his actions because he is a Jew, he is simply mean because of the way the other characters treat him. Shylock says, ââ¬Å"I have sworn an oath that I will have my bond.Thou callââ¬â¢dst me dog before thou hadst a cause, But since I am a dog, beware my fangs. â⬠Shylock's actions are justified because of the way the other characters treat him. . Christian revenge is typical; therefore, Jewish revenge canââ¬â¢t be faulted. While Shylock is mean because of the cruel treatment he has received throughout his life, Antonio has no excuse. Shylock makes you realize that while Shakespeare may give the appearance that he is an anti-Semitist, he really believes that all people are equal and hatred is universal.At the end of the day, Shakespeare proves that it is Shylockââ¬â¢s humanity that makes him just like everyone else. He shows that the conflicts in The Merchant of Venice may start out because of religious differences; however, the actual message is more how the desire for revenge is something all people have in common, despite any other differences in their lives. Shylock challenges the stereotypes given to him in the beginning of the book and creates a complex character whose behavior is justified because of the way the other characters treat him.The Merchant of Venice demonstrates that no writers have to be bound by the prejudices of their time. While Shakespeare probably never met a Jew in his lifetime, he showed that religion doesnââ¬â¢t define who a person is. Some people may argue that because Shakespeare gives Shylock the stereotypical Jewish characteristics, he is obviously anti-Semitic. However, Shakespeare proves through Shylock that his intention wasnââ¬â¢t to emphasize anti- Semitism, but to show that all people have both good and bad sides to them.
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