Sunday, August 23, 2020

Fidanza Leadership Research Essay MGMT3

Fidanza Leadership Research Essay MGMT3 Fidanza Leadership Research Essay MGMT3 Michael Fidanza 4422094 Initiative Research Essay I001 Fall 14 Initiative and Management 312 16 Dec. 2014 There are a wide range of initiative styles that can portray how somebody carries out their responsibility and is seen by their companions, climate they are higher in rank or authority, or even underneath you in the stepping stool. There are numerous characteristics wherein individuals effectively perform, while different ones are missing, and aren’t basic to finish accomplishment for them. There are the individuals who even parity. There are various qualities of mine that are overwhelming with regards to how I work, yet there is one style of administration that sticks out with regards to how I really perform. A portion of these recognized authority attributes I have are that I am a scholar, a difficult solver, and am to some degree held in my contemplations and activities instead of giving them out and sharing. I have explanations behind what I do and I utilize my thinking in like manner relying upon the job that needs to be done. Notwithstanding recognizing what is correct ( most of the time), I likewise set aside the effort to tune in to other people and utilize their assessments to better what I accomplish for the group and how they can be applied to what I am attempting to complete all in all. As it were, I am really receptive. Different types of administration style contain the aptitudes approach, and the situational way to deal with a degree yet can really be improved in numerous parts of my activity execution. The general reviewing rubric I have offered myself to reach this resolution would be the input of my higher up and prevalent official/non-appointed officials. The style approach is one methodology I use when I perform at my specific employment and the numerous parts of which it contains. I see this as the most adaptable of the methodologies, styles, and speculations that as of now exist. This exposition will portray my initiative as far as the style approach containing two general practices; task practices, and relationship conduct. This pap er will likewise incorporate how I trust I can improve my initiative style and quality with regards to acquiring or improving other administration styles accessible to me overall. The best administration style to depict my initiative is the styles approach. This is on the grounds that it contains the two practices that I act so as to keep up great influential position and position. In this style, there are both assignment practices and relationship practices. This initiative style fits me best because of the way that it isn’t only one sorted out style. It is undertaking and relationship situated with regards to driving. (Northouse) Compared to the aptitudes approach, situational approach. Furthermore, the possibility approach, I feel that a portion of these methodologies have holes in them that miss key focuses in covering the reason for a strategic and full confirmation plan for progress. These are on the whole extraordinary characteristics with regards to initiative, howeve r would be progressively valuable on the off chance that they were joined into one. The two practices my optimal authority style is made out of are task practices, and relationship practices. Undertaking practices are made out of procedures that oblige the individuals who are achievement orientated and are hoping to win it. When there is an accomplishment inside the gathering, it is best that there is a positive honor set as fortification with regards to bringing a gathering up for progress. It has been demonstrated that this sort of conduct is welcome in study halls today to advance an increasingly independent student(s) on accomplishment and achievement with regards to ones individual achievement (Moore) The second conduct inside my initiative style is relationship conduct. This is a conduct that outcomes in everybody under my authority style feeling great not just with being near and working with others, yet in addition feeling good with themselves. (Northouse) There has been con siders that demonstrate there is greater efficiency when everybody concurs with each other and can set their disparities aside to make benefit for the organization as opposed to themselves. (Kamp) Without passionate soundness alongside

Friday, August 21, 2020

George Washingtons Proclamation of Neutrality free essay sample

The French Revolution partitioned the recently established nation of the United States of America. The nation expected to pick a side between the French and the English. The Secretary of Treasury Alexander Hamilton needed to save ties with Britain for monetary reasons. The Minister to France Thomas Jefferson felt that they were committed to help France after what they accomplished for the United States during the American Revolution.1 While Hamilton and Jefferson each had their own side with numerous supporters behind them, President George Washington chose to make America unbiased in the war among Britain and France. In April of 1793, President Washington gave a decree of neutrality.1 President Washington felt that lack of bias was the best alternative for the remote undertakings of the United States so it could develop and afterward become an amazing country. The French Revolution didn't include just Britain and France. The two nations had partners. The nations associated with the war required regular assets to gracefully their part in the war. We will compose a custom article test on George Washingtons Proclamation of Neutrality or on the other hand any comparative point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page The United States was a major nation even with just 13 states at that point. This land was likewise not possessed as much as some other European nations. This made the United States an edge for regular assets. This was extraordinary for American exchanging with different nations that required assets for the war. In the event that the United States were to pick a partner, they would cut off exchange with either France or Britain and each of those countries’ partners. This would cause an enormous lose in exchanging and not help the nation develop and escape its own obligation from their own transformation. At the hour of the French Revolution, the United States was as yet a youthful nation. War is over the top expensive to be a piece of. The United Sates just came out of their own progressive war and expected to take care of its obligation. They wouldn’t have the option to manage the cost of financing another war. Wars likewise make foes. The United States would not have any desire to begin its initial three decades making more foes then they needed to. This could cause financial strains between different nations and could be hazardous in any future clashes. On the off chance that the United States joined either Britain or France, there could have been numerous political and prudent strains that could have still existed today. For instance, in view of the potential strains between the US and France or the US and Britain, the US would not have joined the World Wars and the final product could have been entirely different. The United States was a lot under water and to youthful to fund a war and to make new adversaries with different nations. The United States had their very own portion issues to determine in their own nation. They needed to manage the Louisiana Purchase that included purchasing 33% of the landmass of North America for $15 million from France.1 They additionally needed to manage the Alien and Sedition Acts. These demonstrations were to attempt to quiet the republicans on the choices of George Washington and John Adams and to attempt to constrain the measure of workers coming into the country.1 They couldn’t burn through their time and cash with war when they needed to manage their own inner undertakings to incorporate their nation with a world super force. The United States is among the most youthful nations on the planet and is one of the most impressive. Since President Washington gave the announcement of Neutrality in 1793, and up to the World Wars, America has attempted to avoid most clashes. There may have been valid justifications to join either Britain or France in their issues, yet the United States was simply too youthful to even think about joining the war of the French Revolution and didn't have the assets to develop and turn into the nation that it is today.

Tuesday, July 7, 2020

Ethics Of Utilitarianism - Free Essay Example

The ethics of abortion has been a subject of conversation and controversy, that has been continually argued over many decades. Abortion is the deliberate termination of a fetus or embryo from the womb before it is able to survive independently. It raises ethical questions because it makes us consider when life begins and whether we should prioritize the life of the fetus or the life of the mother. Referring to abortion on an ethical basis can be understood through the description and evaluation of three of the most known theoretical approaches: utilitarianism, deontological (duty-based) and virtue-based ethics. In order to understand which of the three-ethical theory best view abortion from my perspective, we need to understand the differences and similarities, as well as, strengths and weaknesses. Utilitarianism is a consequential ethical theory based on the Principles of Utility, which promotes the maximization of the welfare of society as a whole. Jeremy Bentham is one of the key philosophers of utilitarianism who suggested that a decision is morally right when that decision produces total utility and generates the greatest good for the greatest number of people with the least pain. Utilitarianism is concerned with predicting the consequences and the impact of an action, or the final outcomes. It treats the intentions as irrelevant. As a hedonist, Bentham believes that happiness was the only thing desirable in life and that the primary motivators in human beings are pleasure and pain. However, utilitarianism can also be a negative effect. Sometimes doing what provides the most pleasure to the most people would mean sacrificing your own pleasure and happiness in order to produce more good overall. Trying to achieve a utilitarian outcome, it can result in ignoring or even viol ating the rights of some people in an attempt to look for the greater good. Utilitarianism can also be criticized because the theory ignores the importance of ones duty and responsibilities to others. While utilitarianism requires weighing the consequences of an outcome, deontology and virtue-based ethics are nonconsequential that emphasized more on a persons sense of duty and the actions itself. Like utilitarianism, deontologist agrees that a moral theory should apply equally to everyone, regardless of our religious beliefs, or lack of. From Immanuel Kants perspective, deontology ethical theory centers around certain duties or obligations we have towards others and a sense of consideration for other people. The morality of deontology is based on nature of the action itself, more specifically, the rules and reasons for which an action was taken. Kant believes that it did not matter whether you want to be moral or not; the universal moral laws are binding on all of us. Therefore, we have a duty not to tell lie, to cheat, to kill innocent people or to steal. Kants morality is very simple and straightforward but, with any theory, there are also conflicting views on its strength. Alth ough, deontological view holds that principles provide us a basis for keeping commitments and promises, sometimes it also means disregarding the possible consequences of our actions when determining what is right and what is wrong. The ends do not justify the means when the means are immoral. Rather than following a set of rules or worrying about the consequences, virtue-based ethics is influenced heavily by an individuals character trait, which relies on the individual to be a virtuous person. We are made into a better person because of our decision making based on our character traits, such as kindness, honesty, respect, empathy, and generosity. Having virtue means doing the right thing, at the right time and in the right way. Like utilitarianism, according to the Aristotle, virtue ethics is the final goal of all human activity, which is happiness and eudaimonia. He reasoned that if we can just focus on being good people, the right actions will follow effortlessly. Conversely, with these traits, theres also a possibility with other people taking advantage of ones kindness. Its hard to tell what someones motives are and whether theyre making that decision for someone elses benefit or for their own personal gain. Virtue ethics can be a weakness because it is difficult to identify the virtues and it does not give us any idea how to handle an ethical dilemma. Rather than on the morality of the society, virtue ethics concentrates on the morality of the individual. Each one of these ethical theories shares the consequence of action. It may not be the main focus of the action, but the outcome of the actions consequences is primary as a result. Ultimately, I believe that utilitarianism is the most relevant out of the three theories to apply when discussing abortion because it looks at the consequences and not the moral questions about when human life begins. The controversy surrounding abortion is a product of differing morals and just because we have the ability to abort, should we? My opinion may differ from others but from my perspective, I am pro-choice. I believe that a woman should have the right to make that final decision about her own body. Pregnancy is a major responsibility that not everyone can take on and forcing a woman who is not ready to have a child should never be a requirement when mistakes can happen. Although we are dealing with a human being, it is important to highlight the situation and circumstances that the mother or the parents are facing with. Benthams version of utilitarianism, known as Act utilitarianism, is particularly beneficial as it would take each situation into separate accounts of all others, which means that abortion would be very much up to the mother to choose whether to abort the child or live with the consequences. Circumstances, such as rape, incest, fetal abnormality, financial instability, and the mothers safety needs to be considered under utilitarian thought. In the case of rape or incest, forcing the mother who became pregnant by this violent act to give birth could cause psychological harm to the victim and the child. The consequences of it can have a negative effect on the society. There will likely be an increased acceptance of rape, risks of poor mental health, marrying late in life, and even relationship failures. The benefit to the mother and all involved by aborting it can justify the means. In conclusion, utilitarianism, deontology, and virtue are moral theories that evaluate morality on the bases of different factors. Each theory has its strength and weakness, as well as similarities and difference. In addition, from my perspective, by utilizing abortion, life will be much happier for those who are directly and indirectly involved.

Tuesday, May 19, 2020

How Of Design Furnitures And Spaces For Small House

How to design furnitures and spaces for small house. In the globalization ages, all nations confronting the overpopulation problems, its may sound general while overpopulation hidden many consequence toward the livings and resources. There can be no doubt that the supply of natural resources will be extremely lower than the demand. To elucidate further, there will be inadequate living spaces, house and home; it is supremely essential for us to live in the lovely house. Numerous people living in the urban area, metropolis because it is comfortable, living high standard, earn more income and living in the urban areas make shorten the workplace distant because a lot of work office located in the big city. Living in the city such as Bay Area and South Market street is extremely expensive, the rental pushing the middle class out of the city, â€Å" Earning a lot of income but barely have nothing left after paying the rent in San Francisco† ( Scheinin, 2015). Some perspective may asserted that globalization ages is double edged sword because people tend to live in the urban areas are gaining higher living standard, on the other hand, they spent substantial amount of money to the houses and apartments rental whil e the spaces is limited. In conclusion, we spent half of our life at our home and therefore, the research paper will inform general knowledge for readers to do interior design for small spaces houses or apartments in order to cope the small urban spaces and budget. TheShow MoreRelatedIdeas And Inspirations For Dining Rooms1539 Words   |  7 Pagesdining spaces. It is important for the health and well being of the family as well as for the guests who frequent this space. In her essay A Room of One’s Own published in 1929, Virginia Woolf commented, â€Å"One cannot think well, love well, sleep well, if one has not dined well.† Without taking adequate care of your dining room design you cannot expect to dine well either. Dining room inspiration For dining room inspiration suitable for your home, you may look back upon the past and design your diningRead MoreInterior Design Essay1245 Words   |  5 PagesInterior and Spatial Design 2010 My interest in space, design and architecture led me to choose this slightly more unique and diverse essay title. In this essay I chose to look in depth at the connection between pieces of interior or spatial design with more traditional pieces of art such as paintings. I wanted to explore how a space or room can be seen as art and how it can create moods and feelings just as strongly and easily and traditional pieces. A particular piece of spatial design that greatlyRead More Eileen Gray Essay785 Words   |  4 Pagesdesigning of buildings. It could be seen in her E-1207 house, Tempe A Pailla, and her Lou Perou house built near St. Tropez. Eileen Grays’ most significant piece of work is the E-1027 house built on the shores of Menton (1926-29). Eileen responds to each of Le Corbusiers’ points at E.1027. The roof garden is transformed into an accessible roof terrace without plantings. Pilotis support portions of the volume of the house. The windows of the house open with a completely different system than the oneRead MoreBatesmanor Furniture Case Study Analysis Essay1650 Words   |  7 PagesBatesManor Furniture History/Analysis BatesManor Furniture Inc is a furniture manufacturer that was founded in the early 1900’s that offers medium to high priced wood bedroom, living room, and dining room furniture. The company’s president is Charlton Bates and the company was found by his great grandfather. BatesManor sells their furniture through high quality department stores nationwide and does not sell them through retail chain stores such as Rooms To Go, or discount outlets. The companyRead MoreThe Popularity Of Malaysian Architecture1230 Words   |  5 Pages For many centuries, Malay houses were almost exclusively built using wood. Though these intricately designed wooden houses are disappearing fast, quite a few of the kampung residences still bear its proof. Many of the stilt houses of the country are still built using tree trunks and rattan as well. Malaysia has an abundance of premium quality teak which partly explains its preference for wooden homes. Even such regal structures as Malacca Sultanate Palace were built using high quality wood. AdvantagesRead MoreSmart Design4671 Words   |  19 PagesPpP PpP Smart Design Get more for less space. Written by: Maha Aladdin 120521 Samar Mahanna 118911 Menna Yousry 120360 Smart Design Get more for less space. Written by: Maha Aladdin 120521 Samar Mahanna 118911 Menna Yousry 120360 Table of Contents Executive Summary 2 Company Description 3 Company Profile Description Mission and Vision Company Ownership/Legal Entity Product Description 4 Industry Analysis 4 Industry Description PESTL Analysis Market Analysis 5 Read MoreIkea Brand Management Analysis1547 Words   |  7 PagesHistory of IKEA: IKEA  (Ingvar  Kamprad  Elmtaryd  Agunnaryd) is a  privately held, international home products company that designs and sells  ready-to-assemble furniture, appliances and home accessories. The company is now the world s largest furniture retailer. IKEA was founded in 1943 by 17-year-old  Ingvar Kamprad  in Sweden, named as an acronym comprising the initials of the founder s name (Ingvar  Kamprad), the farm where he grew up (Elmtaryd), and his home parish The groups of companiesRead MoreLocation Strategy and Layout Strategy of Ikea1333 Words   |  6 Pagesresources and Job Design are covered. However, in this paper, I will mention two of these issues: Location Strategy and Layout Strategy. Instead of giving many examples as those discussed in the previous paper, I will concentrate on China IKEA case to analysis Location Strategy and Layout Strategy deeply. I. The Introduction of IKEA IKEA is an internationally known home furnishing retailer. It has grown  rapidly since it was founded in 1943. Today it is the world s largest furniture retailer, recognizedRead MoreThe Hidden Dimension By Edward T. Hall1486 Words   |  6 PagesThe Hidden Dimension by Edward T. Hall (originally published in 1969 by Anchor Books) examines cultural perceptions of space and outlines the important roles space has relating to urban city design, human interaction, cross-culture relationships, and architecture. The uses of space across cultural groups is examined in depth by Hall and an explanation of the application of spatial organisations in different parts of the world is attributed to upbringings and intergenerational conventions relatingRead MoreA New Idea For Furniture Pieces By Comparing The Red And Blue Chair, And The Interior Of The1996 Words   |  8 Pagesmovement in Netherlands was born. It was a period where in the art and in the design communities were changing and thing s starts to get the forms of the machine-like. It was also the period of the Cubism which was influencing al the new designs. Thanks to being neutral during the World War I, Netherlands’ artist were able to focus on art that didn’t reflect the dark moments of the war. The Schroder House and its furniture are one of the best and true example of the De Stijl Architecture. They were

Wednesday, May 6, 2020

Essay about Financial Analysis of General Electric

General Electric Company (GE) is a diversified technology, media and financial services company. With products and services ranging from aircrafts engines, power generation, water processing and security technology to medical imaging, business and consumer financing, media content and industrial products, it serves in more than 100 countries. This analysis will use financial ratios to see just how GE is performing as a Fortune 500 company. The first thing to analyze is GE’s capacity to pay its debts as they come due or in other words its liquidity. GE consolidated liquidity position is adequate. GE’s liquidity is supported both by the firm’s consistent earnings track record and its ability to quickly divest business or assets to fit†¦show more content†¦These agencies have given the highest debt ratings to GE and GE Capital (long-term rating AAA/Aaa; short-term rating A-1+/P-1) (4). One of their strategic objectives is to maintain these ratings, as they serve to lower our cost of funds and to facilitate their access to a variety of lenders. They manage our businesses in a fashion that is consistent with maintaining these ratings. In their history, they have never violated any conditions either at GE, GECS or GE Capital. They believe that under any reasonable future economic developments, the likelihood that any such arrangements could have a significant effect on operations, cash flows or financial position is remote. Next is how the ratios relate to the firm’s stock price to its earnings, cash flow and book value per share. The ratios for GE stock are very discouraging. This stock is in the diversified industry, which has generated market-like returns over the past 5- and 10-year periods. Yet compared to its industry peers, this stock has been one of the worst performers over the past five years (10-year returns are unavailable). One should keep in mind when looking at a stock or industrys record that historic returns a re not necessarily a predictor of future performance. Persistent strength or weakness, however, may very well say something about the structure of an industry or quality of a companys management. As far as cash flow GE began stretching out itsShow MoreRelatedFinancial Analysis of General Electric98175 Words   |  393 PagesGE Works 2011 Annual Report CONTENTS 2 Letter to Shareowners 10 Business Overview 29 Board of Directors 31 Financial Section 142 Corporate Information 2011 SUMMARY CONSOLIDATED REVENUES (In $ billions) 2007 170 NBCU 155 2008 180 163 154 139 150 133 2009 2010 ï ¬ nancial and strategic highlights 2011 147 142 22% GROWTH CONTINUES 22% increase in Operating EPS excluding impact of the preferred stock redemption, and 20% rise in Operating earnings. $200B RECORD INDUSTRIALRead MoreFinancial Analysis : The General Electric Company1696 Words   |  7 PagesIntroduction Financial analysis gives the clear outlook of the performance parameters of an organization. It helps in evaluating and comparing the present as well past performance. This analysis is an important tool for the management, investors as well as the outsiders who deal with organization. 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At first we were looking at Starbucks, as it is a rapidly growing multinational corporation, but after some research we discovered that the earnings per share growth of Starbucks is 40.2%. Therefore Starbucks did not meet the requirement set at 50% EPS growth to be considered a truly â€Å"rapidly growing company†. We then continued our research and were able to find that General Electric has current EPS growth at 59.6%, whichRead MoreTyco vs Ge1032 Words   |  5 PagesTyco versus General Electric Financial Analysis This paper will give a financial analysis of two corporate moguls: Tyco International and General Electric Corporation. Through thorough research of each company’s shareholder’s equity, preferred stock equity, market capitalization, net profit margins and other factors, this paper will review which company’s strategy has presented a greater risk to the shareholder’s investment. 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GE manufactures aircraft engines, water processing, locomotives, medical equipment and plastics among various other products andRead MoreGeneral Electric, A Worldwide Conglomerate Corporation1728 Words   |  7 Pages General Electric, a worldwide conglomerate corporation, was founded in 1892 in New York. Currently, the GE headquarters remains in Schenectady, New York, and have a second location in Fairfield, CT. As a publicly traded company, GE is one of the â€Å"original twelve† on the Dow Jones Index; the only one left remaining there today, 119 years later. In addition to the Dow, General Electric is also a member of the SP 500. As of 2015, the company operates through the following business divisions:Read MoreSWOT Analysis of GE1033 Words   |  5 PagesSTRENGTHS Global recognition: General Electric has ventured into the world market thus gaining global recognition for its unique goods and services. In the year 2009, Forbes magazine ranked GE as the world s largest company. 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Contract Act in Australia Business Law

Question: Discuss about the Contract Act in Australia for Business Law. Answer: 1 (a)Issue To find the existence of consideration in the given situation, and comment whether there is an enforceable agreement between Jane and Jack. Law According to the requirement of the contract law, there are two requisite aspects for the conclusion of any valid agreement i.e. a lawful offer from the offeror and lawful acceptance from the offeree. However, lawful consideration is another vital factor for the parties to enter into an enforceable agreement (Carter, 2012). Consideration is the amount or any value in return to the respective offer. If the offer from the respective offeror is having lack of valid consideration as per the contract law, then such promise/offer is termed as gratuitous promise. No enforceable agreement can be enacted on the basis of the gratuitous promise (Gibson Fraser, 2014). Application In this situation, Jane the concerned offeror has offered her vehicle to Jack, because she has made a plan to go overseas and hence, she offers her car without asking for any return amount from Jack, while she knows that the real price of the car is $25,000. Jack the offeree has confirmed to take car from Jane without any conditions. According to the above facts and respective law, Jane has not asked for any return amount of the car from Jack. Hence, in this scenario, valid offer and acceptance is present. However, the given promise is gratuitous promise (lack of consideration), as Jane has not stated consideration amount from Jack, and it is essential that there must be some consideration amount for the enactment of enforceable agreement. Thus, there is no enforceable agreement for offeree Jack. Conclusion Hence, there is no enforceable agreement between the respective parties as consideration is absent. (b) Issue To find the existence of consideration in the given situation, and comment whether there is an enforceable agreement between Jane and Jack. Law The following key features are essential for the enactment of an enforceable agreement as per the provisions of contract law (Richard, 2003) Valid offer from the offeror Valid acceptance from the offeree Presence of valid consideration amount No counteroffer from the respective offeree It is essential that the offeror must mention the consideration amount for the exchange of the offer. It can be anything like a numeric value, any assessable object, any property etc. Even, few pieces of peppercorn is a valid consideration in return to a large house. It depends on the willingness of the parties who are entering into agreement (Taylor Taylor, 2015). Application Jane has clearly asked for the return amount of $25,000 of the car from Jack. This selling amount is exactly same as the real rate of the car i.e. $25,000. Jane asks a valid consideration amount of $25,000 and Jack is willingly to pay this consideration amount to Jane. Hence all the requisite features for an enforceable agreement have been satisfied by the parties. Conclusion Presence of valid offer, acceptance and consideration lead to enactment of an enforceable agreement between Jane and Jack. (C) Issue To find the existence of consideration in the given situation, and comment whether there is an enforceable agreement between Jane and Jack. Law An element for the enactment of any enforceable agreement is termed as adequacy of the consideration value. As per the relevant provisions of the contract law, valid consideration is sufficient for the parties to enter into an enforceable agreement, any small thing can also be considered for the consideration, equality of the consideration amount is not essential (Harvey, 2009). This can be explained in the arguments of the case Chappell v Nestle (1960) case, in which an empty small wrapper of chocolate was hailed as valid consideration. If any of the unsuspicious conduct has been encountered between the parties, then the adequacy of the consideration amount is needed and will be considered for the further decision (Paterson, Robertson Duke, 2015). Application In this situation, the offeror Jane has asked for a return amount of $ 2,500 in order to sell her car to Jack. This value of $2,500 specifically indicates the valid consideration, which is accepted by Jack. However, the next step to determine the presence of any unsuspicious conduct between them, because this offered amount is lower than the real rate of the car i.e. $25,000. As per the given information, Jane and Jack both are willingly accepted this consideration amount and no unsuspicious conduct is present between them. This indicates that both parties have an enforceable agreement in place. Conclusion All the respective elements required for the enactment of an enforceable agreement are fulfilled. Hence, an enforceable agreement is binding on given parties. 2. Issue The core issue is to discuss the relevant legal aspects of contract based on which and opinion needs to be tendered with regards to the claim made by North Ocean Tankers for recovery of $ 3 million. Law While consent is a key constituent of any enforceable contract, but at times this may be obtained through the usage of threat. Such situation is classified as duress and contracts involving duress are voidable as the agreement is not voluntary (Davenport Parker, 2014). The application of force may be physical or economic and both are accepted in the court as valid defences for recovering damages as has been made clear in the verdict of the Electrcity Generation Corporation t/as Verve Energy v. Woordside Energy Ltd. [2013] WA SCA 36 case. One of the key steps in order to establish duress is to prove that decision taken under duress would not have been taken in its absence (Pendleton Vickery, 2005). In case economic duress needs to be proven by the plaintiff, there are some indicators based on previous cases that need to be satisfied. Evidence needs to be present for indicating that superior economic position has been acted upon in bad faith to gain acceptance of plaintiff on a demand which is unreasonable (Carter, 2012). Under the influence of duress, the plaintiff should be left with no choice worth taking except giving in to the demand of the defendant. The agreement by the plaintiff is binding and hence results in contractual relation. The satisfaction of the above conditions leads to economic duress being proven which presents an opportunity to the plaintiff to recover losses caused due to unreasonable terms (Gibson Fraser, 2014). A very significant aspect is the timing of claim filing in such cases. The courts should be approached for relief at the earliest and if possible when the delivery of the product is completed. However, if immediate filing is not an option, the case must be brought before the court in reasonable time. The reasonable time has not been defined in any statute and essentially would be decided by the court only after taking into consideration the relevant circumstances and reason of delay (Pathinayake, 2014). A useful case highlighting the importance of timing in such cases is North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979] QB 705 case (Carter, 2012). In this case, the plaintiff only filed for the claim when eight months had already gone from the delivery time. The court rejected the plaintiffs request for claim of damage even though it did recognise the plaintiffs right of holding the contract as void as economic duress was apparent. However, the beyond reasonable d elay resulted in the plaintiff providing tacit acceptance to the condition and thus making the contract valid (Harvey, 2009). .Application The given situation revolves around a contract for the building of tanker between North Ocean Tankers acting as the buyer and shipbuilder acting as the seller. The buyer enacted a charter with a customer for the under construction tanker. However, USD suffered a devaluation of 10% and hence the seller indicated that extra payment of $ 3 million was to be made. Since the executed contract between the parties had no clause regarding such payments, hence the buyer resented. However, the buyer was cornered with the threat of breach of contract which prompted acceptance. The payment was made and now nine months post tanker delivery, the buyer has brought the matter before court. The various elements of economic duress are apparent in this case. The seller by threatening to breach contract has misused their economic position and with the charter in place, the buyer had no alternative but to pay the $ 3 million to the shipbuilder. There was protest from the buyer as the payments were not in accordance with the executed contract. Thus, it cannot be denied that economic duress is present and it gives the buyer the right to hold the contract voidable and also claim damage within the passage of reasonable time. However, here the buyer waited for nine months before bringing the matter before the court. Clearly, taking a cue from the judgement in the North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979] case, it seems that this delay is unacceptable and amounts to the contract becoming valid. Conclusion The discussion above clearly leads to the conclusion that the buyer i.e. North Ocean Tankers would not have success in the claim case brought before the court even though elements of economic duress are indeed present in the case. References Carter, J 2012, Contract Act in Australia, 3rd eds., LexisNexis Publications, Sydney Davenport, S Parker, D 2014, Business and Law in Australia, 2nd eds., LexisNexis Publications, Sydney Gibson, A Fraser, D 2014, Business Law, 8th eds., Pearson Publications, Sydney Harvey, C. 2009, Foundations of Australian law. 3rd eds., Tilde University Press, Prahran, Victoria Pathinayake, A 2014, Commercial and Corporations Law, 2nd eds., Thomson-Reuters, Sydney Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Pendleton, W Vickery, N 2005, Australian business law: principles and applications, 5th eds., Pearson Publications, Sydney Richard S 2003, The Modern Law of Contract, 5th eds., Cavendish, London Taylor, R Taylor, D 2015, Contract Law, 5th eds., Oxford University Press, London

Tuesday, April 21, 2020

The Giver by Joe Smith Essay Example For Students

The Giver by Joe Smith Essay The story starts as Jonas, a twelve- year-old boy, who is waiting for his life assignment. When he is given his assignment, he is chosen to be the Receiver of Memory. As the Receiver he has to get every memory from all over the world from the old Receiver he calls The Giver. The Giver: The Giver is the man who is the old Receiver. He is also the one who gives Jonas the memories. We will write a custom essay on The Giver by Joe Smith specifically for you for only $16.38 $13.9/page Order now In the community were Jonas lives is everything is controlled, even peoples memory. The Giver is the only one who is not controlled. It is the Receivers job to store the memories of the community and pass them on to the next Receiver. Gabe: Gabe is an infant who was part of Jonass fathers work that Jonass father brought home so he wont be released from the community(killed). Jonass Family: Jonass family is not like our idea of a family. They dont love each of there family members like we love ours. There is no privacy between anybody. They shared there dreams at breakfast and there day at dinner. Introduction of Characters: Lowry introduces Jonas and his family, with Gabe, plus The Giver. Rising Action: Jonas receives the assignment of Receiver of Memory. Complication: Jonas finds out that not all memories are nice. Conflict: The conflict is man vs. man. Jonas cant turn down his assignment without being released. Climax: Jonas runs away from the perfect community so that Gabe wont be released. Falling Action: People search for Jonas and Gabe. Resolution: Finally Jonas and Gabe make it elsewhere, and they were safe. Setting #1: Now the landscape was changing. It was a subtle change, hard to identify at first. The road was narrower, and bumpy, apparently no longer tended to byThe Giver By Joe Smith The story starts as Jonas, a twelve- year-old boy, who is waiting for his life assignment. When he is given his assignment, he is chosen to be the Receiver of Memory. As the Receiver he has to get every memory from all over the world from the old Receiver he calls The Giver. The Giver: The Giver is the man who is the old Receiver. He is also the one who gives Jonas the memories. In the community were Jonas lives is everything is controlled, even peoples memory. The Giver is the only one who is not controlled. It is the Receivers job to store the memories of the community and pass them on to the next Receiver. Gabe: Gabe is an infant who was part of Jonass fathers work that Jonass father brought home so he wont be released from the community(killed). Jonass Family: Jonass family is not like our idea of a family. They dont love each of there family members like we love ours. There is no privacy between anybody. They shared there dreams at breakfast and there day at dinner. Introduction of Characters: Lowry introduces Jonas and his family, with Gabe, plus The Giver. Rising Action: Jonas receives the assignment of Receiver of Memory. Complication: Jonas finds out that not all memories are nice. Conflict: The conflict is man vs. man. Jonas cant turn down his assignment without being released. Climax: Jonas runs away from the perfect community so that Gabe wont be released. Falling Action: People search for Jonas and Gabe. Resolution: Finally Jonas and Gabe make it elsewhere, and they were safe. Setting #1: Now the landscape was changing. It was a subtle change, hard to identify at first. The road was narrower, and bumpy, apparently no longer tended to by .