BUSINESS LAW Master Case Study Example | Topics and Well Written Essays - 2000 words

BUSINESS LAW Master - Case Study Example The contract also contained a clause that Supercool would not be liable for any loss or damage caused during stocking or maintainence of the show case by the staff of supercool. On the 30th of November 2008, Nick, now an employee of Supercool, made a delivery of the special lager to the bar at the football ground, and commenced to clean the glass case before stocking it. Unfortunately he stumbled and fell as he was cleaning the plate glass, causing several panes to break and crash to the ground. Falling glass caused damage to some bar furniture. One piece of broken glass caused a gash to the shin and right foot of Ethel, a member of the bar staff. Ethel didn't seek medical attention immediately, and, a week later the wound became badly infected, causing a permanent restriction of movement in her foot. John is now demanding compensation for damage caused to the bar area, and Ethel is claiming against Supercool for her injuries. Supercool have referred John to the clause in the contract, and have denied any liability to Ethel for her injuries on the basis that it was Nick and not the partnership who caused the injury and that, in any event, her failure to seek medical help immediately, has relieved anyone from legal liability for her injuries. I would advise Supercool that they have a bright chance to defend ... The Question of Compensation to John for the damage caused to the bar area. I would advise Supercool that they have a bright chance to defend the claim from John. As per the facts of the case on the 15th of November,2008, the partnership agreed with John, the manager of Inky Town F.C. to manufacture 5000 bottles of premium lager commemorating the club's 100 years in the football league. Under the terms of the contract Supercool would provide a large glass show case for six months, which would be both stocked and maintained by employees of Supercool in Inky's bar located at the football ground. The contract also contained a clause that Supercool would not be liable for any loss or damage caused during stocking or maintainence of the show case by the staff of supercool. According to the basic ingredients of the contract act there was a perfectly valid contract between John as the manger of Inky Town F.C. and Supercool. There was an agreement between John and Supercool and later on the agreement culminated in to a full fledged contract after both the parties co ming on an agreement on the terms of the contract. There was meeting of minds between John and Supercool in the same sense and no ambiguity regarding anything. The facts of the following case Carlill v. Carbolic Smoke Ball Co.(1893)I.Q.B.256 amply demonstrate the principles as to offer, acceptance "Contract - Offer by Advertisement - Performance of Condition in Advertisement - Notification of Acceptance of Offer - Wager - Insurance - 8 9 Vict. c. 109 - 14 Geo. 3, c. 48, s. 2. The defendants, the proprietors of a medical preparation called "The Carbolic Smoke Ball," issued an advertisement in which they offered to pay 100 to any person who contracted the influenza after having used one of

Post Isometric Relaxation Essay Example | Topics and Well Written Essays - 2250 words

Post Isometric Relaxation - Essay Example In this context, a distinction must be made between muscle relaxation techniques and muscle stretching techniques. These techniques are usually applied on the muscles that are hypertonic, and before application of these techniques as modes of manual therapy, it is important to demonstrate muscle tightness. In the muscles, there are stretch receptors called Golgi tendon organs, located in the tendons of the agonist muscles (Schwellnus, 2009). These receptors limit overstretching of the muscle bundles through their reactions to inhibit muscle contractions beyond a certain limit. It is known physiologically that these organs react through inhibition of efferent motor neurons impulse transmission, preventing further contraction of the muscles. This leads to reduction of the muscle tone, which results in agonist relaxation and lengthening. It is important to note that the Golgi tendon organs react to both passive and active movements. This leads to an important therapeutic physical princi ple of passive mobilisation of a joint, since these Golgi tendon organs respond to both active and passive movements. ... prudent to find out the gaps in research, so a discernible research design can be crafted in order to find out whether post-isometric relaxation alone or combined with massage may be more effective in treating hamstring tightness in order to result in better flexibility in this group of muscles (Prior et al., 2009). As has been elucidated earlier, muscle hypertonicity may be viewed as a physiologic condition leading to increased sensitivity of the stretch reflex, hyperactivity, and muscle shortening. Clinically, although there is no evidence of fascial hypertrophy and shortening, it can be determined during the muscle length assessment, where the muscles feel resilient with a restricted, end-range feel leading to a resistance to stretch with minimal involvement of the fascia (Clark et al., 2000). When there is involvement of the fascia, the muscle may appear less resilient and hence tight due to shortening of the fascia. Due to this noncontractile component of the muscle dysfunction, restoration of the function would need stretching of the muscle along with its fascia (Koulouris and Connell, 2005). Further to this research has shown that stretching may impair balance, reaction, and movement times (Winters et al., 2004). Muscle energy technique is in frequent use that aims normalise skeletal muscles and somatic tissue dysfunctions. Application of this technique needs appropriate training. A basic approach is postisometric relaxation which can be easily integrated into the massage therapy, and this can be effectively applied for enhancing relaxation of muscles (Roberts, 1997). The term muscle energy technique covers a number of procedures, of which postisometric relaxation is most frequently used, and it can be accomplished through incorporation of a massage therapy.

SAM 400 UNIT 2 Essay Example | Topics and Well Written Essays - 250 words

SAM 400 UNIT 2 - Essay Example They have acquired a self regulatory type of focus to help develop their behavior and motivations as well. Motivation can also be achieved through a simple gesture of employee recognition. This is in line with awarding what an employee has achieved as it works to boost his or her self esteem. The American work force is made up of people from various walks of life. Its diversity is notable. With this in mind, it is necessary to consider the interpersonal relationships within the working environment. An organization can only do well if at all every employee, irrespective of their affiliations and backgrounds, is working towards achieving a similar objective. This is an aspect of cohesion such that a good leader will work on harmony, cohesion and unity in the workplace. Technological advancement is a force to reckon with in any given organization. Those who have embraced it have reaped its benefits with respect to levels of motivation that can be inspired within an organization. America has embraced technology and therefore incorporated the various related aspects to ensure efficiency in the operation of the organizations. In this case, technological events have played a key role to influence current attitudes of leadership (Mind-tools.com, 1). In America, people are aware of their rights. It is evident how the issue of equality has taken centre stage in many heated debates. Minority groups such as women, children and the gay, too have their rights that should be equally respected. These groups are known to play one part or another in various organizations. Currently, a leader has to be very sensitive to such issues in order to realize efficiency within the organization. In conclusion, leadership styles have transformed from one level to another. This is necessary to keep up with the dynamic nature of the world. Adaption ensures that a leader is on the leading edge rather than a trailing edge. Kark, Ronit and Dijk Van Dina. â€Å"Motivation to Lead,

EU Policy in the Area of Communications Assignment

EU Policy in the Area of Communications - Assignment Example As set forth by the TVWFD, access to information is to be enforced such that all citizens may enjoy on free television the major sports and cultural events, or at least the public extracts featuring highlights of such events, that are of high public interest.   Also, the Directive mandates Member states to ensure freedom of reception and retransmission in their jurisdiction of television broadcasts from other Member states, except when the broadcast â€Å"seriously and gravely† threatens to impair â€Å"the physical, mental or moral development of minors, in particular, those that involve pornography or gratuitous violence† (Council of European Communities, 1989, p. 23).  Ã‚  As set forth by the TVWFD, access to information is to be enforced such that all citizens may enjoy on free television the major sports and cultural events, or at least the public extracts featuring highlights of such events, that are of high public interest.   Also, the Directive mandates Me mber states to ensure freedom of reception and retransmission in their jurisdiction of television broadcasts from other Member states, except when the broadcast â€Å"seriously and gravely† threatens to impair â€Å"the physical, mental or moral development of minors, in particular, those that involve pornography or gratuitous violence† (Council of European Communities, 1989, p. 23).  Ã‚  The rules imposed to the Directive are apparently too liberal and absolute, in favor of the free exchange of information, and too restrictive in the matter of Member states exercising their discretion to control the entry of harmful informational broadcast content.   This is not to say that there is no high-level commitment to the Directive, but particular circumstances may call into question the wisdom of an absolutist approach in the Directive’s interpretation.   For instance, Germany has gained a reputation for its hardline stance against racial hate speech to uphold t he personal dignity right protected by Article One of the German Basic Law.   This is for good reason:   â€Å"Suppose a nationalist government takes power in one of the new Member States and the German broadcasting authorities doubt that its broadcasting authority will clamp down on neo-Nazi programming †¦ and show a documentary of David Irving, a notorious Holocaust denier†¦Ã¢â‚¬  (Bignami, 2004, p. 129), then conceivably Germany may ban such broadcast within its jurisdiction. 3.   Analyze and discuss the reasons for the failure or success of transnational broadcasting projects in Europe. Include in your answer some reflection on the experience of a country of your choice.  

Sales Force Compensation Coursework Example | Topics and Well Written Essays - 1250 words

Sales Force Compensation - Coursework Example The features of the Compensation Plan of Hindustan Unilever are cited below: - 1) The first feature is Salesman of the Month which aims to reward the best salesman in the organization. It is completely a performance based reward awarded to the best salesman. This award is given when the employee meets its target or exceeds it. 2) The second feature is Customer delight. This is also a reward that is based on the performance of the employee. The reward is presented to the employee keeping in view his dealings with the customers, both internal and external (Hindustan Unilever Limited, 2013a). 3) The third feature is an A-T book which records all the achievements of the employees and at the end of a quarter rewards the employees who succeeds by maximum achievements. This is a good way public recognition (Hindustan Unilever Limited, 2013a). 4) The fourth feature is TOTB, which means ‘think outside the box’ (Manwani, 2014). This reward is given to that employee who comes up with new ideas and suggestions to enhance the business of the organization. 5) The fifth feature is On the Spot award. This is a very special award in HUL. The award is given to those employees for their on the spot attitude towards a particular situation, which gives a lot of honor to the employees. 6) The sixth feature is Target Commission, which gives monetary benefit to the employees. Here, the employees get a percentage (for example, 2% or 4%) of the target amount, if fulfilled (Hindustan Unilever Limited, 2013a). The higher the volume of sales, the higher the commission received. For any kind of reward, the employees must possess a positive attitude towards fulfilling its target. They must be self-motivated, enthusiastic, energetic, and focus-oriented in order to qualify for the rewards. The behaviors those are required for the above mentioned rewards are mentioned accordingly as follows; 1) Salesman of the Month- This is

Analytical report on the international marketing strategy of BreadTalk Term Paper

Analytical report on the international marketing strategy of BreadTalk in Singapore entering United Kingdom - Term Paper Example The company sells a wide range of products that include bread, buns, cakes and pastries. During the early years after inception, the company’s operations were centralised and the baking process right from the preparation of dough to the final process of topping of each objects of bakery was done at individual retail stores (BreadTalk Group Ltd, 2013). However, as the company continued to grow, and the plan of establishing franchisees was conceptualised, the company created a single central kitchen and shifted its headquarters to KA FoodLink, on September of 2001. Moreover, the company acquired more space and current machinery in 2002 to expand its production capacity. Currently, the company has about 746 retail outlets with over 7000 workers throughout Singapore, Hong Kong, Middle Ease and China. Our vision is, â€Å"establishing BreadTalk as a  brand and enterprise known for its innovative, trend setting and delightful bread and pastries†, which we believe we can achieve through franchising by opening new outlets both in the existing and new markets e.g. the current one being the United Kingdom. Our mission statement is â€Å"leading a new lifestyle culture with new innovative changes and creative differentiation to craft products with passion and vibrancy†. Thus, this mission statement implies that as a company we want we want to employ a mix of strategies to create a new culture at the company that embodies the production of quality vibrant crafted products that are better and bring satisfaction to the consumers than those of consumers. At BreadTalk we are happy with our financial performance given that we have already surpassed the half-way point of S$1billion revenue mark towards our 2016 target (Iesingapore.Gov, n.d.). The excellent performance has been attributed to our current strategies and accelerated growth. Firstly, since inception we have use the franchising strategy to venture into new markets. For instance as at 2009 December we

Dissertation Chapter4 Example | Topics and Well Written Essays - 2250 words

Chapter4 - Dissertation Example In this chapter of the dissertation, we will showcase the data gathered, the analysis done and the results drawn from those analyses. 4.2 Descriptive analysis Throughout the study we have mainly done the analysis part with the help of one-way ANOVA and T test. ANOVA is an assortment of statistical tools that helps the reader to arrive at a certain inference. Inference is the process of obtaining rational conclusions from some assumed or known assertions. ANOVA analyzes the deviation between the means of various groups as well as the deviation that happens to take place within the groups (physics.csbsju.edu, n.d.). Moreover in an ANOVA background, the detected variance existing in a definite variable is classified into particular components that feature a range of variation sources. ANOVA can be used for multiple factors as well as for a single factor. In the present dissertation we have divided the main questions into seven groups and for each group we have conducted one way ANOVA i. e. ANOVA for single factor (csse.monash.edu.au, n.d.). The single factor ANOVA is used to differentiate between the mean values of two or more samples with the application of F test (people.richland.edu, n.d.). This procedure is only suitable for analyzing numerical data. The technique involves testing the null hypothesis of the samples belonging to two or more groups within a population having equal mean values. The ANOVA generates an F statistic, where if the mean values of the groups are obtained from population having similar mean values, then the group means variance should be lesser than that of the variance contained by the samples (Leitzel, 2009). On the contrary a greater ratio consequently signifies that the samples were gathered from the populations having different value for their means. After the vivid description of the ANOVA technique, we would now discuss the T test. It is conducted for testing statistical hypothesis in which the statistics of the test pursue a Stude nt’s t distribution in the case when the null hypothesis is supported. We are considering the T test because the standard deviation of the population here is unknown. The â€Å"Levene’s Test for Equality of Variances† have been used in the analysis of the data as this test provides us with the information stating whether a hypothesis of the t-test has been achieved (Engineering Statistics Handbook, n.d.). T-test presumes that the inconsistency of each group remains almost same. When the assumptions of the t test are not met, then a specific kind of the t-test is applied which we will discuss in the next sections of the chapter. 4.3 Demographic profile The demographic profiles of the consumers both belonging to the UK and Thailand will be discussed in this section. Here we have used the descriptive statistics technique for analyzing the data gathered relating to the demographic profiles of the respondents. This technique is basically used for summarizing a sample and it is different from inferential statistics (Khan Academy, 2013), where the data is used for learning about a population which the sample has been assumed to represent. Moreover descriptive statistics is not based on probability theory unlike the inferential stati