Business law Coursework Example | Topics and Well Written Essays - 2250 words - 1

Business law - Coursework Example It may further bring about complex situations. There must be certain elements present in a valid contract which are: 1. An offer. 2. Acceptance that must have taken place from the corresponding party which would further constitute to mutual understanding between both parties. 3. A promise by the principal party to perform steps ahead that would constitute to the contract 4. A consideration must take place 5. Terms and conditions must be set in order to fulfill the promises made 6. Performance While the above mentioned can be simply called the requirements for a valid contract, however these are the essentials towards constituting or calling a contract effective and in force. Once all these requirements have successfully and rightfully been carried out, we can be sure that the contract is now lawfully in force. The past has left us with numerous amounts of examples and precedents that reflect on contract being voidable under certain circumstances. Elements that constitute a contract v oidable are as follows: 1. Misrepresentation 2. Mistake 3. Duress and undue influence We will discuss each element in turn describing the impacts of each upon the validity of the contract. Misrepresentation is a false statement of fact made by one party to another. This is not included in the terms of contract. However, somehow induces the other party to enter into the contract and create a binding force between both parties. This misrepresentation, which can be done in a number of different ways, makes the contract voidable. It also gives the other party the right to rescind the contract or claim damages. A person who has been misled can however take up amongst a number of different options in order to rescind this contract. 1. Refuse to carry out his undertaking, 2. Refuse to carry out the function of specific performance, 3. Can decide to have the contract set aside by taking up means of rescission. Adding to such circumstances, the misled party can claim for damages.    Misrep resentation can be mainly of three types, being fraudulent, negligent and innocent misrepresentation. Fraudulent misrepresentation is when the truth is deliberately concealed by the party in order to constitute the contract. As Lord Herschell defined in a very famous case, Derry vs Peek1, fraudulent misrepresentation being one where a false representation is made knowingly, without belief in the truth and recklessly. If the misrepresentation is that of fraudulent nature, the contract is considered void and the misled person can sue for damages for deceit. Negligent misrepresentation is a false statement made where the person who is making the statement had no reasonable grounds for believing it to be true and did not believe in it. A common example defining negligent misrepresentation is Hedley Byrne v Heller.2 In this case Hedley happened to be an advertising company who had asked for information from his banker regarding the clients’ banker (Heller). The information asked f or was regarding its clients’ financial position. Heller went on giving a report to Hedleys’ banker that reflected a strong financial position of the respected client. This report was given with a â€Å"without responsibility† clause. The report was given to Hedley by his banker. There was no such contractual agreement or relationship between Heller and Hedley as well. Hedley went on making decisions keeping in mind the report and went on experiencing a financial loss. The reason

People of Lubbock and Recycling Behavior Research Paper - 1

People of Lubbock and Recycling Behavior - Research Paper Example This research paper describes the effective waste management strategies that can be aplied to the people of Lubbock town, United Kingdom. The researcher analyzes human behaviour of the town residents and discusses strategies that can increase the effective waste management in the community. In order to increase recycling rates amongst the residents of Lubbock, the researcher believes a holistic approach, integrating Azjen’s Theory of Planned Behaviour and Barr et al’s Environmental Conceptual Framework is necessary in order to provide a better understanding of environmental actions. The literature presented in this research paper indicates that unit based pricing and variable rate systems are the most effective economic means to reduce municipal waste disposal and increase recycling rates. However, a range of non-economic factors have also been shown to motivate people to recycle, in which effective recycling strategies must be highly convenient for people to use and ac cess. However, Reschovskey and Stone also acknowledge that’s people’s intrinsic and extrinsic attitudes and values towards the environment affect recycling rates. People who express altruistic tendencies and greater environmentally positive attitudes tend to recycle more frequently. To conclude, the researcher states that these findings indicate that policy makers also need to raise people’s environmental awareness in order for them to develop an eco-centric perspective and values towards sustainable waste management issues.

Business Ethics Reflection Essay Example for Free

Business Ethics Reflection Essay In any organization workers can face ethical dilemmas. On a daily basic people are posed with ethical dilemmas and have to decide to making the correct or the wrong choice. Some may not realize but we make ethical work choices at times and may not even realize it. For instance you are late to work and they have already been given a final warning. When we come in no one is there to notice that you are late. Do you get in and start working as if you were on time, or do you clock in where your time will be documented and recorded that you were late. This situation is one that my fellow coworkers face on daily basics. I have noticed that when posed with this ethical choice they choose to do what is correct for them, not necessarily what is correct by the organization. We may see if as covering our own behind, but it actually violates ones business ethics. What some may not realize is that business ethics and personal values mirror each other very closely. In business they ask the same as society, no lying, stealing or cheating. Take responsibility and do what is correct, make the correct decision. The only question is who do you make the correct decision for, you or the company. In that situation most have choose to look out for self. When it comes down to making ethical choices that may put one self at risk people chose themselves over the business. This is when personal values may come into play. To do correct by whom, yourself or the company that you work for? In most personal value one would say to always look out for self first. So in their book the decision to not let anyone know that they were late does just that. Moral concepts are very similar to values, its one innate ability to do what is correct with in. The same is with virtue, Virtue-based ethical theories place less emphasis on which rules people should follow and instead focus on helping people develop good character traits (Cline). There are many external pressures that could have influenced the decision to cover ones behind and not tell anyone that they were late such as the current economical status. If the country is not doing well economically and people find it hard to obtain a good job within a reasonable amount of time. Then one would defiantly choose to violate business ethics. Other external pressures could be their current financial state. People that are in better than average financial positions or are financially stable. I could continue to list other external situations that could affect a person’s ability to make what they may view as the correct business decision verse the best moral decision for one self. If placed in a similar situation I would choose to look out for self. When I reflect on my bringing and what I was taught I was always taught to do what is best for me and my family. Regardless of who may be affected, making sure that my family was always taken care of came first. Although it may not be the best choice for all involved, it is the best for me and mine. At the point that I am in life I make my decision very wisely. I first think about who is going to be affected by the choice that I make. If I would choose to tell that I was late and face being terminated and that would put my family at risk for some financial instability. I know that many choice that we are forced to make in our business life can be unethical when it comes to work. But in our personal life they are considered to be ethical as well as morally correct choices. When it comes to decisions they will never be what is best for all. All members in the party want to make the choice that is best for them. Virtue, value and moral concepts are what people choose to live by to help them guide them in their personal and professional lives.

India Today Essay Example for Free

India Today Essay Slowly, but surely, in the year 2000, India is beginning to erase the Nehruvian social contract that created the public sector and bound the employees to a corporate unit and the corporate unit to the nation. In the age of restructuring and re-engineering that this has ushered, employees are no longer valued resources but expendable commodities. And likewise, the employers are no longer demi-gods and fuedal lords in one. They are going to become one with a mind-boggling scenario of a private sector, where the growing manager with the corporate experience of a lifetime might suddenly be written off as hopelessly old fashioned; and replaced with a young nerd, who along with, maybe the new owners driver, will be sitting on a stack of stock-options valued in millions. Clearly it is time to think seriously about wealth and what it means to be wealthy in India today. The last time Indians thought self-cautiously about being rich through joint holdings with non blacks, was in the 19th Century when the East India Company revealed to the worldly wise Indians occupying crucial positions within the system, the plunder-potential of their land. They got busy right away. This continued for almost a century till historic events triggered off a freedom struggle under Gandhi over the equitable distribution and domestication of Indias wealth. The idealism lasted barely two decades. Political debates then were all about the baneful influence of capitalism and money. It was okay to generate jobs but not great wealth which could corrupt our most sacred institutions. Slowly some crusading investigative journalists and economists followed this logic and began to glean disturbing facts about the trumpeters of this brand of Hindu socialism. They made dark revelations repeatedly about questionable personal behaviour and financial chicanery that they had discovered among various political groups in power.

Inequality in Brazil: An Overview

Inequality in Brazil: An Overview Introduction In this report my task is to determine the level of wellbeing in Brazil. To make this decision, the following components have been investigated/evaluated with high amounts of research:   gender equality and empowering women; eliminate extreme hunger poverty; and universal primary education. General Information Brazil is the worlds 5th substantial nation and has an area of 3,287,613 which smaller than the US but 35 times larger than the UK. Brazil has a scope of landscapes which compromise from large forest areas, deserts, plains and grasslands to mountain ranges. Brazil is well-known for the Amazon River which goes on for 6,516km. Most coastal areas are humid and moist, in Amazonas areas it varies from tropical to temperate. The capital is known as Brasilia, there are other major urban areas known as Rio de Janeiro, Sao Paula and so on. The official language is Portuguese, Christianity is the most common or principle religion but there is freedom to worship any religion. The expected life average is 69.9 years for males and 78.4 years for females. The nation consists of a population of 196.50 million. Brazil is given the status of federal republic; the elected constitution accommodates crucial rights and certifications of citizens. Brazilian constitution allows citizens the right to get free medical assistance provided by the government. Brazil surpassed the UK to become the 6th largest economy in the world Wellbeing in Brazil Compared with OECD nations and the Russian Federation, Brazil has some regions of relative strength and quality and some areas of relative weakness across the OECD well-being dimensions. Brazil has set a name for comprehensive development and poverty reduction. Brazil has a high rank above the average in subjective well-being, social connections. Unfortunately, Brazil is below average in income wage and wealth, occupations and profit, lodging, ecological quality, health status, and education and skills. When considering jobs and education, 66.7% Brazilians were employed in 2013, more than in the OECD on average (65.9%). Furthermore, the share of Brazilian employees regularly working very long hours was 10.4% in 2012, below the OECD average of 12.5%. Only 46.4% of adults in Brazil have been privileged with the ability to achieve upper secondary education compared to an average of 77.2% in the OECD. The intellectual abilities of children in Brazil are below the average (measured by PISA study). 6.7% of people living in a household live without basic sanitation which is higher than the average. The calculated life expectancy at birth is 75 years which is 5 years lower than what the OECD have recorded from other nations. On the bright side, results tell us that air quality in Brazil is substantially better than most countries. The safety of individuals is still a factor which has still to be dealt with, death through assault is 6 times higher than the average. Concerning the public sphe re, there is a strong sense of community and high levels of civic participation in Brazil, where 90% of people believe that they know someone they could rely on in time of need. Impacts of Gender Inequality    Social: Gender inequality refers to unequal treatment or perceptions of individuals based on their gender. It arises from differences in socially constructed gender roles. Gender inequality primarily affects women: they experience poverty differently from men because they are denied equal rights and opportunities, lack access to resources and services and are excluded from important decisions that affect their lives and development. Gender equality measures of gender equality include access to basic education, health and life expectancy, equality of economic opportunity, and political empowerment. Health and life expectancy have less than average results. Tiny air pollutant particles small enough to enter and cause damage to the lungs and respiratory system, this case has been recorded by individuals and families. Water quality is not as satisfying as the OECD average which is 81%. Life expectancy in Brazil is 75 years which is 5 years lower than the average collected by a series if countries. Brazil has been tackling problems with income equality between genders despite the high rates of growth, this is due to disadvantages in schooling. Gender Inequality is very high in Brazil, some say that its it increasing. Recent presidents have stated to make gender equality a priority but limited efforts have been put in to quantify the impacts of gender-based policies. Participation of women in the society has increased in the past few years, this led to new policies mitigate gender discrimination. From statistics, women spend an average of 25.9 hours on chores, however men only spend an average of 15.5 hours. Brazil has one of the highest rates of violence against women, it remains high for two reasons. Firstly, the laws are not enforced properly and are not given enough effort to allow the law to be strict and permanent. Secondly, there is refusal to acknowledge the law and the reason behind it is inequality between men and women. Impacts of Hunger and Poverty Economic and Social: Poverty is general scarcity or the state of one who lacks a certain amount of material possessions or money. It is a multifaceted concept, which includes social, economic, and political elements. Poverty is an economic and social issue. Factors that effect poverty are a culture discrimination, education and inequality. The level of poverty in Brazil is well above the norm for a middle-income country. Within Brazil, there are wide disparities in the extent of poverty. More than half of all poor Brazilians live in the Northeast. Despite urbanization, rural and urban areas contribute equally to national poverty. Population below poverty line: 21.4% note: approximately 4% of the population are below the extreme poverty line. Brazil has only a few wealthy people but are very high on poor people, the gap between the highest and lowest social levels are very high. Stabilization of the economy has given more purchasing powers to the poor. Income inequality is one of the main factors effecting poverty in Brazil. The system distributes money from 90% of the poor to the top 10% of the richest.   The richest people in Brazil have access to over 40% of the countrys income while the poor only have access to 1%. Environmental: Because extreme poverty doesnt always lend to widespread birth education, many poor women lack the resources necessary to engage in birth control. Therefore, it is common for poor women to continue having children well after they would have liked because of little to no access to resources and education. Air pollution is another way in which poverty contributes to environmental degradation. As mentioned above, poor communities lack the proper knowledge when it comes to production techniques. Thus, the ways in which they use resources to help them survive are harmful to the resources around them, and ultimately the world at large. Impacts of No (Lack of) Education Economic and Social: Lack of education is the disadvantage of receiving very limited education, very basic and below average to read or write, not able to understand maths. Lack of education is a root cause of poverty, it is preventing millions of people from escaping the cycle of extreme poverty around the world. Brazil children have access to free public education at all levels. Education at a Primary level is compulsory, and most of the Primary schools are maintained by the municipalities or the states that they occupy. This means that wealthier cities or states have better schools than their poorer counterparts, and the children suffer because of a lack of adequate amenities and resources. This, in turn, means that poorer children receive a lower level of education. Many children do not attend school because of malnutrition, as this makes them unable to develop intellectually and to adjust to the social environment of a school. Child labour amongst poorer children is also an enormous problem, despite its being technically illegal to employ a child less than 16 years of age. Poor families generally prefer for their children to start working as soon as possible, so that they may bring in an income. This has resulted in labourers as young as 10 years old, missing school in a desperate attempt to earn money. The high examination failure rate is another factor that influences non-attendance at schools, despite there being free. Conclusion After comparing all three dominant factors, it is decided that lack of education is the main cause of inequality. It reduces chance of a good life, you can never get a job and this can lead to increase in poverty, this also gets rid of their opportunity of income. Knowledge can bring up new leaders and change the world. It can make most social, economic and environmental issues disappear. Education reduces poverty and inequality. Women leaders will gain respect and decrease gender inequality.

Compaison Of Any Two Search En :: essays research papers

Comparison of any two Search Engines (e.g. Yahoo, Magellan, AltaVista, Infoseek, Lycos, Bigfoot†¦ ) The single, most frequent piece of search advice for using Web search engines is to always search more than one engine to answer your question. No two engines are the same-each offers a unique set of features and indexes or crawls the Web differently. It’s no surprise the results vary. Good searchers triangulate output from several engines to acheive relevent results. The emergence of meta search engines is a credible antitode to the time-consuming practice of sequential search engine searches. By using a meta search engine to search several search engines at once and obtain ranked, clickable results, Web searchers can accomplish the Internet equivalent of doing a Dialog OneSearch. From one search screen, a searcher can select several search engines, formulate a search, click the Search button, and quickly receive ranked, compiled results. Meta search engines vary widely in which engines they search, how they process queries, and how they compile and display results. Some search sequentially, others simultaneously; some translate queries into target engine’s language, and others just send the query â€Å"as is†. The best metas offer an esily viewable list that can be customized, and it is a plus to see a checkbox feature on the first screen that allows you to choose the engines you want for a specific search. Ideally, a metasearch Web site would allow you to send a single query to multiple databases simultaneously, then retrieve, combine, and organise the results. This is more myth than reality. The majority of metasearches can query multiple database, but only one at a time. SavvySearch is the amazing exception to the rule. It can perform parallel searches on upto five databases at once. Results are retrieved and combined on one page, with duplicates eliminated. That alone would make it one of the better meta searches. There is more! SavvySearch uses your search terms, its own data about past searches, and other factors to create a search plan. SavvySearch allows the searcher to customize a selection of engines to search and in what order-and then save the customized selection for future use. SavvySearch Limited’s technology also enables users to 1) dramatically speed up browsing of the World Wide Web, 2) quickly target and retrieve relevant information from the internet, and 3) communicate seamlessly with a virtually unlimited number of databases worldwide. Compared to the current leading search engines and directories, SavvySearch.

Alaska: Wrangell-St. Elias National Park and Rights-of-Way Law-of-Way Law :: Environment Research Essays

Alaska: Wrangell-St. Elias National Park and Rights-of-Way Law In Wrangell-St. Elias National Park and Preserve, there are over 1 million acres of non-federal inholdings to which access is, and has been a major issue of controversy. Park managers and landowners alike are trying to reach an agreement which would provide for the access to private property, as well as towns such as Nabesna, McCarthy, and Kennecott. The following information will be used to convince park managers and conservationist groups that access via R.S. 2477 rights-of-ways are not only necessary, but also guaranteed by state and federal law. For most Americans, traveling to and from home is relatively simple. Travel in most of the United States is on paved roadways, and most roadways draw very little attention from conservationist groups. This, however, is not the case for residents in Wrangell-St. Elias National Park. Wrangell-St. Elias National Park was established in 1980 by the Alaska National Interest Lands Conservation Act of 1980. ANILCA is an act established †To provide for the designation and conservation of certain public lands in the State of Alaska, including the designation of units of the National Park, National Wildlife Refuge, National Forest, National Wild and Scenic Rivers, and National Wilderness Preservation Systems, and for other purposes.† (96th Congress of the United States, 1980) This act provided for the protection of millions of acres of Alaska’s wilderness through the creation of national parks and preserves, but in doing so, surrounded many small towns and villages by federally protected land. Despite protecting millions of acres of wilderness, this act provided for the numerous groups of people affected by the establishment of this law. Stipulations regarding the use of protected lands by private landowners were made. People living inside the park lands were guaranteed the right to subsistence hunting and fishing, as well as the guaranteed access to their lands. This right of access is the main concern for this argument, as it is a major management issue for park officials and land owners alike. As aforementioned, access to park lands is guaranteed by ANILCA, Title 11,  §1107, but it is also protected by the Federal Reserved Statute 2477. R.S. 2477 is a federal statute providing for the access across public lands. Once established, RS 2477 claims can not be eliminated. This policy was put in place in 1866 by The Mining Act to provide for mineral and resource extraction as well as for expansion to the west.