The Doctrine of Privity of Contract and the Impact of the Contracts Essay

The Doctrine of Privity of Contract and the Impact of the Contracts Act 1999 - Essay Example 121, 1991) the Contracts (Rights of Third Parties) Act 1999 which essentially modified the doctrine of privity of contract and confers upon third parties a limited right of action relative to a contract which confers upon the third party a benefit. Ultimately a third party may enforce a term or condition of a contract if the contract â€Å"expressly† makes provision for the right of the third party to enforce a term of the contract.5 Secondly, a third party may enforce a contractual term if the term â€Å"purports to confer a benefit† on that third party.6 It is assumed that once parties to a contract confer on a third party a benefit under a contract, the contracting parties intend that the third party may enforce the term creating the relevant benefit.7 In Nisshin Shipping Co. Ltd. v Cleaves & Co. Ltd. it was held that the assumption that parties to a contract intend that a third party with a benefit under the contract can enforce the term creating the benefit can onl y be rebutted by substantial evidence to the contrary.8 In other words there must be proof that the contracting parties did not intend that the third party have enforceable rights under the contract. Otherwise the third party must be identified either expressly or by description in the body of the contract in order to get around the doctrine of privity of contract.9 Essay question – restraint of trade – employees and sale of business. Restraint of trade clauses in contracts of employment are intended by employers to safeguard against competition from former employees.10 Similarly, upon the sale of a business, a contract for the sale of the business may contain a covenant in which the vendor covenants not to engage in a business area for a prescribed period in order to safeguard against the deterioration of goodwill purchased by the purchaser.11 When a business is sold or transferred to another party, an existing restraint of trade agreement impacting an employee surviv es the transfer of the business.12 Like employment covenants for the restraint of trade13a covenant for the restraint of trade under an agreement for the sale of a business will be generally upheld when the restraint of trade covenant is reasonable.14 It was held in Dairy Crest Ltd. v Pigott that an employer may only enforce an agreement in restraint of trade for preventing unfair competition as opposed to competition altogether.15 Ultimately, the restraint of trade clause in a contract of employment or in the sale of transfer of a business must be reasonable in that it must be for the purpose of protecting a legitimate interest. For instance it would not be unreasonable for an employer or a purchaser to want to protect trade secrets or confidential information relevant to trade.16 In Danaway, Day & Co. Ltd. v De Braconier D’

Ancient Chinese Contributions Essay Example | Topics and Well Written Essays - 750 words - 6

Ancient Chinese Contributions - Essay Example Ancient Chinese has been recognized for a variety of inventions and contributions to mankind. Since ancient periods in China have been categorized according to dynasties, the ten most useful inventions and contributions noted and attributed to Chinese ingenuity and innovativeness are as follows: the building of the Great Wall of China and the multiplication table during the Qin or Ch’in Dynasty; the invention of the compass and paper making during the Han Dynasty; making of tea and matches during the Era of Disunity; making of porcelain during the Sui Dynasty; gunpowder in the Tang Dynasty; and finally, printing and wine making during the Sung Dynasty (Inventions, Innovations and Other Contributions from Ancient China). Of course there are other notable discoveries and contributions during ancient times but these inventions rise above the rest in terms of creating significant impact on the growth and development of civilizations around the world. From among these ten remarkable contributions, one strongly believes that the four most ingenious and innovative are the building of the Great Wall of China, paper making, printing, and the compass. The Great Wall of China has been renowned worldwide as one of the wonders of the world and as such, the building of the wall that reaches an immense length of about 8,850 kilometers or 5,500 miles long (Rosenberg) is a commendable task even to be imagined as such ancient times when materials and labor skills have not even been considered sophisticated or advanced. Paper making was likewise attributed to the ancient Chinese and have provided the impetus for the creation of paper currency and other documents that could be preserved. Due to the discovery, fast amounts of recording and documentation of historical events, famous writings, art works and literary pieces have been effectively archived. Printing, on the other hand, is also a relevant contribution as it

QUESTIONS IS LISTED BELOW Essay Example | Topics and Well Written Essays - 2000 words

QUESTIONS IS LISTED BELOW - Essay Example Although company has maintained its performance in the year 2009 and sold more than 1.7 billion of unit cases of juices, still, the increasing competition in the global market is raising concerns for the company. In this report, the analysis of the company will be done by analysing its operations in different world markets. Finally, based on analysis, a conclusion and recommendations will be presented. Coca Cola is offering a variety of beverages and drinks worldwide and the products of the company can be categorised into different groups including Energy drinks, Juices, Soft drinks, Sports drinks, Tea and Coffee, Water and others (Coca Cola website, n.d.). It is interesting to note that the soft drinks of the company are being considered as the trademark of Coca Cola however, different drinks are very popular among local communities. In order to explain how Coca Cola is targeting the local regions and communities, I will like to quote an example. Appollinaris is one of the product brands of Coca Cola and it comes under â€Å"water drink type†. This mineral water is available in three flavours including apple, lemon and normal or unflavoured water. Moreover, Appollinaris is only available in Germany and New Caledonia. Similarly, the soft drink of Coca Cola is available in different flavours including Cola, Cola Lemon Lime, Cola Lemon, Cola Orange, Cola Green Tea, Cola Lime and Cola Raspberry (Coca Cola Website, n.d.). This example shows that Coca Cola is not pursuing standardised strategy but it has been introducing products based on the needs of the market where it operates. The major reason which is posing great threats for the company is the external environment and the market changes. The market changes include the regulatory changes and socio economic changes. The mission statement of the company also shows that the two long term objectives of

Analysis Assignment Example | Topics and Well Written Essays - 500 words - 4

Analysis - Assignment Example The problem of labor mobility training can best be solved when program designer embraces training from the learners’ point of view. Moreover, such training can be handled in different timelines depending on the institution and the department in, which training is to be conducted (Swain et al. 2014). Based on the continued development from previous units, labor mobility students are organizational employees sourced across different managerial departments ranging from supervisors to midlevel managers (Swain et al. 2014). Such a class of person is best suited for the above training programs because they are mostly responsible for the productivity of the organization. Despite the fact that no pedagogical consideration may be required for such trainees, the management must ensure proper knowledge are in place. Besides, labor-mobility training program should be aided using decision management system(DSS) as part of the managerial learning process. Training designs would only commence when the decision has been made prior to the analysis process and must end with the models that are perceived critical for the training needs. With consideration to the learning objectives, trainers must come up with valid concepts that clarify what is contained within the training program. Moreover, trainers must determine how comprehensive is the training curriculum and how it should be moderated. In addition, appropriate training material must be allocated must be unveiled depending on the learning procedure (Saks & Belcourt, 2006). Evaluation is considered to be the last stage of the ADDIE model. The procedure gives the trainers opportunity to trace back to the initial training process where they get to understand if any improvement has taken place. As part of the labor mobility training process, organizations incur a lot of expenses for the training process with the expectation of improving productivity. As such, the training department must come up with result oriented

How Beyond Budgeting Model Can Overcome Traditional Budgeting's Dissertation

How Beyond Budgeting Model Can Overcome Traditional Budgeting's Criticisms and whether it's the Way to Forward to Adaptive Mana - Dissertation Example decentralised teams 26 2.6.3 Performance measurement 26 2.7 Changes in the Organisation with the adaptation of Beyond Budgeting 28 2.8. Summary 32 3.0. RESEARCH METHODOLOGY 33 3.1 Introduction 33 3.2 Research Overview 33 3.3 Research Philosophy 34 3.4 Research Approach 34 3.5 Research Methods 35 3.6 Research Strategy 36 3.7 Research Design 36 3.8 Data Collection Method 37 3.9 Data Collection Method 37 3.10 Analysis Method 37 3.10 Reliability of Research 38 3.11 Limitations 38 3.12 Summary 39 4.0 FINDINGS AND ANALYSIS 40 4.1 Introduction 40 4.2 Case Analysis 40 4.2.1 American Express 40 4.2.2 Case Analysis of Aldi 44 4.2.3 Case Analysis of UBS Wealth Management and Business Banking 45 4.2.4 Case Analysis of Guardian Industries Corporation 46 4.2.5 Case Analysis of SpareBank 1 54 4.3 Summary 61 5.0 DISCUSSION 62 6.0 CONCLUSION AND RECOMMENDATION 68 6.1 Conclusion 68 6.2 Recommendations: 72 7. List of References 73 1. INTRODUCTION 1.1 Overview Budgeting is one of the most important tool s for managers and it has been regarded as the cornerstone of the management accounting system by Hasnen, Otley, and Stede (2003). Budgeting is a tool that is used by mangers as a blueprint for their future actions. Budgeting is used by organisations to analyse how the firm is performing and how it is expected to perform in the time to come. In some organisations, this tool is also known as the annual planning process. Budgeting has been one of the most commonly used methods by managers and it has been used in different parts of the world. However, with the passage of time there have been several discrepancies and inconsistencies found in the budgeting process and traditional methods used by managers for budgeting and this has raised questions regarding the reliability and effectiveness of budgeting process (Ostergren and Stensaker, 2011). One of the major purposes of budgeting is that it allows the company to analyse how it is able to achieve and meet its objectives. With proper an d effective use of budgeting techniques, an organisation is able to improve its profits and reduce its unnecessary expenses. There can be different purposes for using budgeting and some of the most important purposes of using budgeting techniques include: forecasting financial statements, controlling costs and expenses, managing and predicting cash flows, resource planning, communication plans etc (Becker, Messner, and Schaffer, 2010). Organisations may use budgeting for more than one of these above reasons and it is up to the management how they adopt these techniques as there have been several firms that have adapted and have achieved benefits of using these techniques. Besides the advantages and benefits that budgeting techniques offer, these techniques have several limitations that limit and reduce the importance of such techniques. Organisations have been planning to improve these techniques and therefore there has been sufficient research on this topic (Linder and Weber, 2005) . Budgeting techniques are not only used for one department or one product that the company is offering. With the use of budgeting technique an organisation is able to identify the cash inflows and outflows from different departments or products that the company offers. By using these data, the management can be able to better analyse the situation and take decisions accordingly. Therefore it has been used by management as a planning tool for years (Drury, 2008). 1.2 Background The traditional budgeting approach is a combination top down and bottom up

Interconnection of Parental Psychological Support, Self-Efficacy and Dissertation

Interconnection of Parental Psychological Support, Self-Efficacy and Self-Regulated Learning for Elementary School Students - Dissertation Example They are able to take decisions that would help them achieve the said goals and turn to adults when they need inputs. Children are not born with such internalized educational goals, and it is necessary to provide them with the appropriate environment that will help them to internalize the desire to succeed and the ability to set personal goals (Ryan & Deci, 2000). Such an environment may be provided by parents and the school, though parents play a more important role as compared to the teachers or the school (Soenens & Vansteenkiste, 2005). Children learn to respond to rules and targets set down by parents early in their lives. Parents are a primary source of information, discipline and appreciation for young children, and they quickly learn to internalize the goals and attitudes that gain them appreciation and affection form the parents. This makes it important that parents present the child with experiences that help to develop the qualities that they require in order to succeed. O ne such set of behaviors and attitudes have been discussed by the Self Determination Theory, a macro theory that attempts to explain human decisions, choices and behaviors in terms of the source of motivation. 2.1 Self Determination Theory The term self – determination was initially coined to describe political and philosophical perspectives on the nature of the State and it’s governance (Price, Wolensky, & Mulligan, 2002)and the attributes of the Person and was used to some extent in Psychology to describe the way humans viewed themselves (Wehmeyer, 1999). The Psychological perspective was developed through the late 20th century by Deci and Ryan (1985), who have defined Self Determination as â€Å"A quality of human functioning that involves the experience of choice, in other words, the experience of an internal perceived locus of causality; it is the capacity as well to choose and to have those choices, rather than reinforcement contingencies, drives, or any other f orces or pressures, be the determinants of one’s actions.†(p. 38). Self Determination Theory has been studied by a number of researchers, and has been developed as an explanation of human motivation, behavior and personality (Niemiec & Ryan, 2009; Ryan & Deci, 2000). It assumes that a human being is by nature active, curious, interested in events, self motivated and desirous of success since the experience of success is a satisfying and rewarding experience that reinforces itself (Deci & Ryan, 2008a). Initial work on Self Determination Theory started in the 1970’s and was refined by Deci and Ryan (1985; 2008b) in the 1980’s. The last few decades have seen tremendous work in Self Determination Theory, and various researchers have applied it’s principles to various areas of human functioning like health (Deci & Ryan, 2008b), parenting (Joussemet, et al., 2008), work (Frederic Guay, Senecal, Gauthier, & Fernet, 2003), sport (Standage, Duda, & Ntoumanis , 2005), education (Deci, Vallerand, Pelletier, & Ryan, 1991), psychotherapy (Ryan & Deci, 2008). Although Self determination is neither absolute control, nor to be confused with success (Wehmeyer, 1998); it does involve the person’s ability to make choices that is autonomous of the influence of others. It is important not to confuse self determination with either self sufficiency or self reliance as Self Determination

Minimum Legal Drinking Age Essay Example for Free

Minimum Legal Drinking Age Essay Do you believe the drinking age should be lowered to allow eighteen year olds to consume alcohol, or should the legal age to drink alcoholic beverages stay at the age of twenty-one? Prior to 1984 you were, once you turned eighteen, in most states permitted to purchase alcohol. It was completely up to the state government. At age 18 they are legally an adult, and can therefore abide by their own rules and if they make a bad decision they have to pay the price. Why is it that as an adult you are permitted to purchase rifles, tobacco products, you can vote, enlist in the military, go to a casino, get a tattoo, body piercings, get married and even work in a bar but you can’t buy or consume alcohol? When you think of alcohol and eighteen year-olds what generally pops into mind is underage drinking, binge drinking, wild parties and date rape. But that is only the view of the irresponsible side of drinking, just as there is an irresponsible side of drinking at age twenty-one. At age eighteen you should be allowed to purchase or consume alcohol as you please, because you are legally an adult and responsible for your own actions. The Minimum Legal Drinking Age should be lowered to age eighteen. When you turn eighteen in the United States of America you are legally considered an adult. Until the 1984 Minimum Legal Drinking Age act you were allowed (at least in some states) to buy alcohol when you wanted. Subsequently to the passing of that law every state was forced to raise their minimum age to twenty-one. One of the men who voted for the 1984 Minimum Legal Drinking Age act, Morris E. Chafetz, stated that he â€Å"voted for it; it doesn’t work† and goes on to say that â€Å"it is the single most regrettable decision of my entire professional career†: â€Å"The reality is that at age 18 in this country, one is a legal adult. Young people view 21 as utterly arbitrary- which it is. And because the explanation given is so condescending- because they lack maturity and judgment, these same people who can serve on juries and sign contracts and who turned out in overwhelming numbers to elect our first black president- well they dont buy it. And neither do I.† (Chafetz 554-555) The Unites States military is one of the largest in the world, and has many bases and various stations throughout the entire world. At the age of 18 you must (if you are male) sign up for selective service (the draft) and you are eligible to enlist in the military regardless of your gender. Why is it that you can deploy to another country, fight for your country, get shot, lose limbs and have the memories of that with you for the rest of your life, but you can’t purchase alcohol? If you are old enough to risk your life to fight for your country and fight for the freedoms of this country then you should be able to go buy a beer at the bar with your buddies. Jeff Rainforth, a man who ran for congress, said that â€Å"Since the age was raised, many young adults have drunk more abusively than in the past. Like national Prohibition, it was been counter-productive. Raising the drinking age brought about more problems than it solved.† and went on to say that he recommends that is the legal drinking age was not lowered he recommends that military members can not go to combat until age 21. John McCardell, who founded and is now the director of an organization that exists to lower the drinking age back to eighteen, and also started the â€Å"Amethyst Initiative† talks about his solution to the problem. McCardell has credibility on this topic due to the fact that he is a former college professor and president, and is now a vice-chancellor at the University of the South, who has personally seen the way teenagers on a college campus drink and has an idea what will help with this issue. He says â€Å"Alcohol education is what we need.† This would make teenagers aware of the harms of drinking alcohol and reduce the amount of binge drinking that goes on. Lowering the drinking age would teach teenagers moderation. If they are drinking in a controlled setting where they are allowed to drink and don’t have to hide it, they will be more likely to casually drink. McCardell says that the 1984 Minimum Legal Drinking Age law was â€Å"an abysmal failure; it hasnt reduced or eliminated drinking, it simply driven it underground, behind closed doors, into the most risky and least manageable of settings.† In the â€Å"60 minutes† interview with CBS, the Boulder, Colorado Chief of Police, Mark Beckner is also an advocate for lowering the drinking age to eighteen. He says that â€Å"we cant stop it. The best we can do is try to contain it.† According to the 2010 National Survey on Drug use and Health, driving under the influence of alcohol was associated with age. The age group with the highest number of infractions(including wrecks) was the twenty-one to twenty-five year-old group at 23.4% of infractions being drunk/having been drinking as opposed to only 15.1% in the eighteen-twenty year-old group and a mere 5.8% in sixteen and seventeen year-olds. As far as fatal crashes go, the highest percent of drunk drivers that were involved in a fatal car crash was the group of 21-24 year olds. 25-34 year olds came in at 30%, 35-44 at 24% and all fatal car crashes of individuals that were above age 44 and below age 21 was only 14%. Driving under the influence of alcohol was associated with age in 2010. The rate was highest among persons aged 21 to 25 (23.4 percent). An estimated 5.8 percent of 16 or 17 year olds and 15.1 percent of 18 to 20 year olds reported driving under the influence of alcohol in the past year. Beyond age 25, these rates showed a general decline with increasing age. Many other western have long had a much more lenient attitude toward alcohol and alcoholic beverages. Many have set their Minimum Legal Drinking Age at 18, some at 16 and some do not even have a Minimum Legal Drinking Age. In many countries, such as Germany, there are very few drunk driving incidents whatsoever. In these countries parents often consume alcoholic beverages with their children, including beer or wine(in countries like France). By the time Europeans are allowed to drive they have been educated on the effects of alcohol and have been consuming alcohol for several years. Safe alcohol consumption should the same way as safe sex practices and drivers education classes. No one us naà ¯ve enough to think that teenagers will practice abstinence to avoid sexual encounters only in order to avoid a sexually transmitted disease, so why are people foolish enough to believe that teens will avoid alcohol just due to its dangers? Lowering the Minimum Legal Drinking Age will cause the teens who drink to rebel against their authorities to not drink as much due to it not being rebellious. Until a solution is agreed upon about whether the drinking age should be lowered, or stay at the age of 21, this will remain a controversial topic. Using these strategies in this essay works well to effectively persuade every single viewer that underage drinking is in fact a problem, and is attributed to the current law not allowing people to buy or consume alcohol under the age of 21. Because of the problems that are created because of this current law, it would be in this countrys best interest to lower the drinking age. This would prevent an increased number of alcohol related deaths due to underage binge drinking in the future. These are just a few of the reasons that the Minimum Legal Drinking Age act of 1984 should be repealed and the Minimum Legal Drinking Age should be at age 18. Works Cited Chafetz, Morris E. â€Å"The 21-Year-Old Drinking Age: I Voted For It; It Doesn’t Work.† Good Reasons With Contemporary Arguments. Eds. Lester Faigley and Jack Selzer. Boston: Longman, 2012. 554-555. Print McCardell, John. â€Å"A Drinking Age of 21 Doesn’t Work.† Good Reasons With Contemporary Arguments. Eds. Lester Faigley and Jack Selzer. Boston: Longman, 2012. 550-553. Print. â€Å"Issue in Focus: Drinking on College Campuses.† Good Reasons With Contemporary Arguments. Eds. Lester Faigley and Jack Selzer. Boston: Longman, 2012. 548-550. Print. CBSNews. (2010, March 01). The debate on lowering the drinking age. Retrieved from http://www.cbsnews.com/2100-18560_162-4813571.html-