Businese Law Essay Example | Topics and Well Written Essays - 2500 words

Businese Law - Essay Example By this time Karter had not parted with the money to purchase the paintings. Therefore Karter purchases the paintings knowing very well that Jimmy had repudiated his offer and was not going to make any good payment of them. 1 In Dickinson Vs Dodds, 1876, the defendant gave the plaintiff a written offer to sell him his house for 800 on Wednesday. The offer was to be left open until next Friday 9 a.m. On Thursday the defendant sold the house to someone else. On that very evening, the plaintiff was told of the sale by a third party, but before 9 a.m. on Friday the plaintiff delivered his acceptance to the defendant which the defendant refused to receive. It was held by the court that there was a proper revocation of the offer and the plaintiff could not accept it. 2 Even though Karter had revoked his offer of purchasing the paintings, the revocation / refusal was not procedurally done legally. Under the rules governing any revocation of an offer, that withdrawal must be committed to the person to whom it was made. It means that had Karter not taken the initiative of calling Jimmy would have continued to be silent of his withdrawn intention to purchase the paintings. 3 On the other hand, Karter would be to blame because he had acted outside the agreed terms of their agreement with Karter. According to their agreement Jimmy had expressly told Karter not to spend more than $ 1,000 USD. These terms were very certain but Karter ignored them and purchase paintings worth $5,000 USD. The expression by Jimmy to Karter to only spend $1,000 USD was in fact a term that was too "heavy" to be overlooked. This is because: - (a) Jimmy would not have entered into the contract if the statement was not made. The statement was important because it showed the maximum amount of money that he had and which he was willing to spend on paintings. (b) The statement was made immediately alongside the other agreements meaning that the representer highly regarded its importance. But Karter can still argue that he had thought that the statement was not a term of the contract since it was not followed by a written agreement. Jimmy could have reduced his oral expression into writing. Though he did not expressly state that he could not purchase the paintings if they cost over $1,000 USD, it was implied that he was not going to spend over $1,000 USD in paintings. These are implied terms that parties probably had in mind but did not bother to express. They have to be implied by the courts. Additionally, the parties would have expresses this agreement in writing if they had foreseen the difficulty occurring. Such terms the parties could have expressed in writing had they seen the difficulties are implied by the courts because of the court's view of fairness or public policy. Vincent acted in good faith in selling his painting and cannot be held responsible. He was made to believe in statements that were not true. He was in fact misrepresented by Karter who told him that he had been authorized to purchase the painting on behalf of Jimmy. Misrepresentation renders the contract voidable at the option of the innocent party. The statement was made are the time the contract was made and it induced Vincent into the contract. 4 Vincent could not have entered into the contract if: - (i) He knew that Karter's statement was false. (ii) He would have made the contract despite the misrepresentation. (iii) He did not know that there had been a misrepresentation i.e. after entering into the

Civil and Criminal Practice Essay Example | Topics and Well Written Essays - 2500 words

Civil and Criminal Practice - Essay Example As I was crossing the road, I was knocked over by a car that was driving too fast and in my opinion, in excess of the statutory speed limit. 1.7. Since the accident, the Defendant has been convicted of a road traffic offence under section 4 of the Road Traffic Accidents Act 1988 for driving or being in charge when under the influence of drink1. I have been provided with the incident number, which is 0191565B. 1.7. Since the accident, I have been out of work for four months as a direct result of injuries suffered and wish to make a claim for compensation against the Defendant in respect of my injury and loss of income arising from the accident. This memorandum sets out my advice regarding the determination of a reasonable success fee in the proposed conditional fee agreement for the legal representation of Mark Jameson’s claim against the defendant Brian Platt for personal injury and loss of earnings. The success fee can be as high as 100% of the time2 charge of normal costs of legal representation and the manner in which the recommended success fee percentage has been calculated in Mr Jameson’s case is based on my risks analysis assessment of the case, which includes the following: There doesn’t appear to be any issue regarding fault liability in the case and this is further bolstered by the defendant’s conviction under section 4 of the Road Traffic Accidents Act 1988 for driving under the influence of alcohol. Furthermore, as a direct result of the accident, Mr Jameson was hospitalised for two days and suffered a broken ankle, two fractured ribs and nervous shock and we have a detailed hospital report and independent medical report to verify that Mr Jameson’s injuries were directly caused by the accident4. As such, the merits of the claim are not in contention and there is a strong likelihood of success at trial. With regard to the value of the claim, Mr Jameson has been unable to work for four months as a direct result of injuries caused by

Customer Service Positions Essay Example for Free

Customer Service Positions Essay There are several types of customer service jobs out in the world that have certain requirements and back rounds that need to be met in order to qualify for a certain job. I found a job post on Monster.com for a customer service management position through the company Ecovacs Robotic Inc. located in Glendale, California. A customer service manager is to provide excellent customer service policy for the organization, develop a customer service policy for the organization, manage and hire a team of customer service staff, and handle face to face inquires. Ecovacs is a company that sales different variety of electronics. To qualify for this position, you have to either have a Bachelors Degree or equivalent experience plus five years customer service experience. It is also required to have exceptional interpersonal communication and negation skills. (Monster.com) The major requirements to work at Ecovacs are performing excellent management, training, and development skills. As a customer service manager you must lead your team to meet organizational objectives and achieve results to build up the company you’re working for. Being able to organize and plan multiple priorities to meet deadlines. Ecovacs wants you to have two years’ experience in the electronic and technology industry of sales. Majority of the customer service positions for different companies requires the same criteria as far as managing a team of staff, knowing how to communicate, and being able to set up plans and meeting your goals as a team and company. A median salary for a customer service manager in the state of California is $38,000 a year. California’s salary is eight percent higher than average customer service manager salaries and incomes nationwide. Nationwide it ranges between $32,000 and $34,000 a year. (Indeed.com) On Jobpath.com they had an opening position for a medical receptionist in Illinois. A medical receptionist works in the Healthcare Services according to Jobpath.com. A medical receptionist does not require college level education. The requirements to become a medical receptionist are to have one to three years’ experience as a receptionist in a medical practice. It’s  required that you have open availability which means you are able to work a flexible schedule with rotating weekends. You must have a reliable source of transportation because you’ll have to travel to two different locations weekly. You must have knowledge of ICD-9 and CPI’s and have excellent written and oral communications skills. A medical receptionist job is checking in patients, answering phone calls and taking messages. It is required that you know how to communicate with insurance companies in order for customers to receive prescription coverage and have valid insurance information. A medical receptionist must be able to constantly be on your feet, engaging in several tasks which require a lot of multi-tasking. The average salary for a medical receptionists ranges from $23,000 to $25,000 a year nationwide. (Indeed.com) Working at Safeway we are a company that promotes excellent customer service. I decided to research the job of a cashier position. I visited Safeway.com for more information about a cashiers position. I did not find the information I needed so I went to Shrm.org for a detailed description about a cashier. A cashier, according to Dictionary.com is an employee, as in a market or department store, who collects payments for customer purchases. A cashier is responsible for maintaining guest services as company standard, generate sales, operate sales, operate cash registers, and follow all company policies at all times. A cashier must have a high school diploma or the GED equivalent in order to qualify for the position. (Snagajob.com) The requirements to become a cashier are being able to work varied hours and days as business dictates. You must be able to read, count, and write all documentation accurately. You must be able to communicate with associates and guests and be willing to anticipate customer needs. You also are required to maintain awareness of all product knowledge information, weekly promotions, and offer samples to customers when asking about a certain product, if you’re able to sample it. I know this first hand working in the bakery at Safeway. A cashier must also know how to make labels and tags for promotional items and product that goes on in sale in general. Also you must complete all duties assigned by management and communicate when you’re done with those duties or duty. Depending on what state you reside, a cashier can make $6.99 to $14.00 an hour or more. (Snagajob.com) The last job I decided to do research on was the position of a daycare assistant. My mother and sister are in the process of opening a childcare center so I thought it would be good to do research on the responsibilities of a daycare assistant. A daycare assistant is an employee who assists the director or teacher of a daycare facility with enrollment, hiring and supervising faculty, facility management, maintaining superb customer relations, handling management reporting tasks, and working with children from newborns to twelve years of age. (Indeed.com) The responsibilities of a daycare assistant is to set up activities and clean up after children. They also have to supervise children and help with jobs such as feeding and diapering toddlers and infants. Assistance keeps track of toddlers and infants behavior and communicates progress of children to parents. In order to become a daycare assistant, you must have a high school diploma or equivalent. You must be CPR and first aid certified just in case a staff member or child chokes on food or an object. You also must get a background check in which you have to have a fingerprint clearance, no criminal background like child abuse, sexual assault, domestic violence, prosecution, and molestation. Assistants who want to become daycare teachers or supervisors usually should have a minimum of an Associates degree in the field of Childhood of Early Learning. (Ehow.com) According to Indeed.com, the average salary for daycare assistants are $38,000 a year nationwide. There are all types of customer service jobs out there that require all different types of responsibilities and education. Working in the field of customer service, I have met most of the requirements from each job I researched online. I want to work in the field of communication and I know it is required that I have a Bacherlors degree and exceptional customer service skills and have knowledge about my job. References Daycare Assistant resources Davies, Faith. Day Care Assistant Job Description | EHow. EHow. Demand Media, 22 Dec. 2009. Web. 19 Jan. 2014. http://www.ehow.com/facts_5790737_day-care-assistant-job-description.html Job Not Found | Indeed.com. Indeed.com. N.p., n.d. Web. 19 Jan. 2014. http://www.indeed.com/viewjob?cmp=Doodle-Bugs!-Children%27s-Centerst=Child+Carejk=c220f26e0c22377esjdu=PfqW7OX-Y30gm1KgHUU8l4rlETR0V6maUXSL9Dn0qzaLz8h-P_GYMqQakJ_0OjgHzv1wNooo0v2ri2iBDlHIvQ Cashier Resources About SHRM. Login. N.p., n.d. Web. 19 Jan. 2014. http://www.shrm.org/TemplatesTools/Samples/JobDescriptions/Pages/CMS_001514.aspx Safeway Official Site. Safeway Official Site. N.p., n.d. Web. 19 Jan. 2014. http://www.safeway.com/IFL/Grocery/Home Cashier Job Description. How to Become a Cashier. N.p., n.d. Web. 19 Jan. 2014. http://www.snagajob.com/job-descriptions/cashier-2 Medical Receptionist Resources â€Å"Medical Receptionist Position Description.† Jobpath.com Illnois, N.p., Web. 19 Jan. 2014 https://www.jobpath.com/medicalreceptionist Customer Service Manager Resources Customer Service Manager: Job Description. | Prospects.ac.uk. N.p., n.d. Web. 20 Jan. 2014. http://www.prospects.ac.uk/customer_service_manager_job_description.htm Customer Service Manager. Job in Glendale 91203, California US. N.p., n.d. Web. 20 Jan. 2014. Ecovacs Robotics Inc. http://jobview.monster.com/customer-service-manager-job-glendale-ca-us-128460946.aspx Major Website Resources To Find Jobs Search Jobs for FREE with Monster. Search Jobs for FREE with Monster. N.p., n.d. Web. 20 Jan. 2014. http://promotion.monster.com/keywordjobsearch-new/?WT.srch=1WT.mc_n=olm_tm_srch_ggl_gen_slk_clickid=52fa51bf-8f42-fe09-033a-00003cc42730k_trackingid=9716314gclid=CMHsgLWAjLwCFQPZQgod73MAFA

The Performance Management At Hewlett Packard Commerce Essay

The Performance Management At Hewlett Packard Commerce Essay   Ã‚  Ã‚  Ã‚  Ã‚  Hewlett-Packard is believed to be one of the most popular companies in the universe. It markets all over the world and distinct locations. Bill Hewlett and Dave Packard founded HP in the year 1939. The company has its own philosophy to attain success and stand different from its competitors in the market. Management by Objectives (MOB) is one of the successful trends carried out by HP Company to measure its performance management and appraisal system. Therefore many companies were following this method for evaluating their performance management. The objective of this report is to identify the performance management effectiveness and frequency of appraisal and also recognize the strength and limitations at HP Company and to make recommendations regarding their limitations and possible ways to overcome them (Armstrong 2005). Hewlett-Packard   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Hewlett-Packard (HP) is a multinational company marketing allover the world. The company offers a wide range of consumer and IT products such as personal computers, Laptops, printing machines and services, Ink, Toner paper, Monitors, Accessories and softwares, Scanners, Smart Phones etc. The HP Way   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The HP way is not entirely different from other companys management philosophy. But the company has got its own principles and management frame implemented by its founders in approaching the top to bottom level management in distinct way. It implies that the company should trust and respect every individual and they believe in their employees intelligence leads to company success and they followed decentralized system (Peter Burrows business week 2004). This leads HP Company to retain the second top most places in the hardware industry globally (Hardware Top 100 2010). System Aim Performance management is a process carried out by organizations in order to attain the organization goals by identifying their employees performance individually and in teams (Armstrong Baron, 2005). The management levels may differ from organizations to organizations thus every management has its own performance appraisal system to identify, support, ascertain problems, develop and appreciation to the employees regard their work performance (Sims 2002a, p. 81). Performance management evaluates the companys performance of the employees, which helps to give effective feedback in order to improve their employees working performance and to succeeded organization targets. The organizations targets are considered to be the long-term goals and to attain that performance appraisal system are to be carried as short-term goals. Controlling process, which is the most important role of any organization to monitor the individual employees performance and this helps to compare the employees per formance and to analyses the overall management performance (Sims, 2002a). The basic need for controlling system is to initiate performance principles, observing performance of the employees and comparing it with the primary principles framed by the organization and finally taking required action to manage the performance. Hewlett-Packard applies the quality management therefore their organizations aim and objective is concerned about the ultimate customers. Therefore, HP employees practice the scheme called Management by Objectives (MOB). This scheme has structured the company objectives into two elements as long-term objectives and short-term objectives. These objectives were discussed between their distinct management levels that are communicating the performance criteria with the individual employees and as department vise were negotiated. The Management by Objective (MOB) scheme finds how the employees complete their task successfully, which indicates the process of mentoring and coaching. This process is made efficient by interconnecting the monitoring process at all levels throughout the HP Company. MOB also involves in the strategic planning of HP Company as a part that describes the aim or goal of the company. The companys top management involves in performance management system and introduces the performance appraisal process to the employees and given chances to fix their goals. Even the workers at bottom management level are encouraged to participate in the process of decision making by suggesting their views for attaining targets successfully this process is carried out for every six months between all levels. The Mobs objectives are to serve as day-to-day to help in making decision for tremendous growth of the company. Dave Packard believe in if HP made every individuals understanding their company objectives and goals and what the company planning for, then they could easily get every employees narrow attention towards attaining the goal. This is known as the HP Way. Frequency of Appraisal:   It is a process of identifying the employees characteristics during the working period that basically indicates quantitative and also qualitative features of management performance. This can be identified by adopting certain appraisal methods in order to find how the employees work efficiently and perfectly. Accordingly performance appraisal has goal setting and performance evaluation as arching targets. These targets are combined because of the performance management criteria used by the managers/supervisor in order to encourage the employees by giving proper command about how to transfer results to compete distinct levels of performance. 1. Goal Setting In HP Company they traditionally practice the HP Way, according to it they give respect and importance to each individual employee, therefore people in top-to-bottom level management have determined their goals. According to Bill Hewlett (co-founder of HP) a organizations performance should be measured by setting up of Goals also that should be measurable in both qualitative and quantitative terms for efficient management performance (mystrategicplan). 2. Performance Evaluation In Hewlett-Packard, the performance evaluation method is implemented as a basic development device. The company conducts frequent meetings by mixed up with all level of management people at one roof to evaluate about the management performance quarterly. According to the HP Way the employees are given full freedom to place their requests and ideas in the meeting and their suggestions are strongly supported. They practice an informal way of approaching to the analysis the performance of its management by giving feedbacks to the employees on an ongoing basis. This reflects and made the company to introduce 360-degree and MOB appraisal method as measuring the companys performance. Method of Appraisal Management of Objectives In HP Company their managements performance is analyzed by carrying out the management of objectives appraisal method. Through this method the company find their employees rating during the work time and those who attain top rating are awarded with promotions and offers on the other hand the employees who got poor performance rating will be taken necessary actions to make them correct accordingly. This appraisal scheme followed by the Hewlett-Packard Company measures both the qualitative and quantitative aspects of their employees performance. The company follows a quality management hence their objectives

The Theme of Carpe Diem in Francis Macomber and Capital Of The World Es

The Theme of Carpe Diem in Francis Macomber and Capital Of The World  Ã‚   The Short Happy Life of Francis Macomber and The Capital Of The World  Ã‚     A lot of Hemingway’s stories deal with life and death. Death even found it’s way into some of the titles we have read so far. However, in discussing death, we first have to look at life or rather how a life was lived, to truly understand what death meant in the particular instance. Both short stories, The Short Happy Life of Francis Macomber, and The Capital Of The World deal with lives cut short by a chance and accidental encounter with death, while the soon to be deceased seem to gamble and court death. Both also seem to have secondary characters that serve as guides of sorts into this journey. However only one of these characters seems satisfied when cut down, and that is what Hemingway thinks makes all the difference.   For example, in The Capital Of The World, were are introduced to the character of Paco. Early in the story, Hemingway writes, â€Å"Madrid is full of boys named Paco†(29). And, as stated in class, Francis, from The Short Happy Life of Francis Macomber, to bears a rather unusual name. While â€Å"Paco† is told to be common, we recognize â€Å"Francis† as being an odd name for a man. The names are different, but the effect seems to be the same. Hemingway named his characters to give us a picture of who they are. With â€Å"Paco†, we see just another faceless boy, and with Francis we assume a poor example of a â€Å"Hemingway man†. Both of these are then set up to be unremarkable characters that may have to prove their worth. And that is what drives each particular story.   Both stories also have characters that drive each respective protagonist into his... ...;The Short Happy Life of Francis Macomber ends with Wilson saying, â€Å" ‘I’m though now†, he said,’I was a little angry. I’d begun to like your husband’†(28). What Hemingway is telling us plainly is that Macomber was able to achieve something. His death, although tragic, is not as tragic as Paco’s. As we have said many times in class, Hemingway knows death does indeed come for everyone. From short stories like The Killers to novels like For Whom The Bell Tolls, death can almost even be described as a reoccurring character in Hemingway’s work. However death impact is weighed by comparing it to life. For Macomber, death came at his highest point. He went down like man. Paco however, lost his life before he could lose his innocence. He was not even given the chance to live. And that is what Hemingway thinks is all the more tragic. To die not like a man, but a boy.   

Bubble Gum :: essays research papers

Have you ever wondered who invented bubble gum, or why it’s pink? How do you go about getting the answers to these questions? Easy. Think way, way back, not to prehistoric times but close, 1928. Popular With Children, Unpopular with Parents and Teachers. The first known bubble gum appeared in 1906, and was a dud. Known as Blibber Blubber, it was sticky, brittle, and insufficiently cohesive. In 1928, an accountant, Walter Diemer, invented an improved version of bubble gum. The only food coloring he had on hand was pink, so for many years, pink was the common color of bubble gums. Diemer arranged to market the bubble gum in Philadelphia candy stores and the product became wildly popular with children. Fleer Company purchased the recipe, and named the product Dubble Bubble. By World War II, the sales of bubble gum in the United States reached about $4.5 million annually. The war caused a shortage of Siamese jelutong, a latex secreted by the jelutong tree. The domestic production of bubble gums needed to be curtailed, but production resumed in the post-war years and surged to new heights. By 2000, children in North America spent about a half billion dollars annually on bubble gums, and used some 40 million pieces daily. Bubble gum made the Guinness Book of World Records, with the largest bubble ever made measuring 22 inches in diameter. The greater the molecular weight of the gum, the stronger is the film, and the larger the bubble that can be blown. On the other hand, increasing the molecular weight or size also tends to make the gum more difficult to chew. A technical breakthrough in 1999 allowed manufacturers to create uniquely textured bubble gum by using soft candy or toffee manufacturing equipment. The resulting bubble gum is similar to chewy candy, but lacking the stickiness. In the late 1970s, popular interactive candies for children were Pop Rocks and Space Dust. As children chewed these candies, tiny bubbles of pressurized carbon dioxide popped and fizzled, and resonated thunderously in the inner ear in a series of explosions that took place in the mouth. As described by children "it sounds like a storm in your mouth. If you swallow them fast, they crackle all the way down." Later, General Foods rejuvenated its carbonated-candy technology and created carbonated bubble gum. This product also provided the crackling sensation of the original Pop Rocks and Space Dust.

Ethics Essay Essay

There are different systems in which an individual or a company could make ethical decisions. They can vary depending on the issue at hand and they relate and different in certain ways. In this writing I will compare the similarities and differences between virtue theory, utilitarianism, and deontological ethics. I will include a description of the differences in how each theory addresses ethics and morality. And I will give a personal experience to explain the relationship between virtue, values, and moral concepts as they relate to one of the three theories. Ethical systems based on abstract values are described as virtue theory. Virtue theory is based on character ethics. It is the viewpoint that in living one’s life one should try to cultivate excellence in all they do and in all that other do. This is the system that would address ethics and morality from the perspective of living with high values and with great character (Boylan, 2009). Quoting Boylan (2009) from our book, â€Å"Utilitarianism is a theory that suggests that an action is morally right when that action produces more total utility for the group than any other alternative† (pp. 153). Utilitarianism focuses on what is best for the group or team as a whole. This theory asks, â€Å"What ethical decision will profit the most for the largest amount of people?† Deontology is a moral theory that emphasizes one’s duty to do a particular action just because the action, itself, is inherently right and not through any other sorts of calculations (Boylan, 2009). Calculations like what the consequences of that action might be. Deontology is a duty-based theory when addressing ethics and morality. In comparing these three, a utilitarian working for ATT might overlook a bad credit report to make a deal because the deal would help the company and the  client. Therefore it’s a win-win. A deontologist might make the same decision based on the fact that the client needs a cell phone to be able to take care of business in order to take of her children. The simple fact that the action is inherently right regardless of the consequences is the bases for the deontologist. And to the contrary only a virtuous worker would have integrity and do what was in the best interest of the company. A personal experience of mine to relate these topics would be a girlfriend of mine just got out of a bad relationship where she was not married, but had a child with this man. She lived with the father of her child for many years although he was abusive and was providing home that was unsafe and insufficient for her and her child. She stayed for many years making decisions as a utilitarian until one day she changed to a deontologist. She chose to leave the state and ignore the rights of the father on the grounds that he was abusing both her and her son. She valued her and her son’s health over anything. She was virtuous in that she rose above the desire to retaliate and pursued only their protection. And all of her actions where based on her moral concepts, according to her beliefs and understanding. In conclusion, there are many different theories and ways to make ethical decisions. I have related and compared the virtue theory, utilitarianism, and deontology. I have also shared a personal experience to relate virtue, values, and moral concepts to one of these theories. Life and business are about making decisions and these concepts and theories are a foundation to a healthy life and a healthy business. References Thompson, S. (2014). What is the relationship among virtue, values & moral concepts in individual and business contexts?. Retrieved from http://smallbusiness.chron.com/relationship-among-virtue-values-moral-concepts-individual-business-contexts-69097.html Boylan, M. (2009). Basic Ethics. : Prentice Hall.