Guns in School Article Essay Example

Firearms in School Article Essay Example Firearms in School Article Essay Firearms in School Article Essay l A bill at present in the Florida Congress would, whenever passed, enable regions to assign school workers to convey a gun. In a conspicuous reaction to the Sandy Hook shooting, officials are utilizing this bill to attempt to expand security in schools, and forestall more acts of mass violence. National Rifle Associate representative Wayne Lapierre claims that â€Å"the just thing that stops a miscreant with a firearm, is a hero with a gun,† yet who gets the opportunity to conclude who is acceptable and who is awful? Just having an instructing permit in the territory of Florida doesn't really make somebody a â€Å"good guy†.The 40 hours of preparing that will be required for any arm-bearing educators, isn't almost enough to guarantee great firearm lead. Sadly, state funded schools are not actually known for getting rid of the leftovers of society while recruiting workers. All over the country educators are captured each day for different wrongdoings, in many cases lawf ul offenses, including medications and sex violations. Simply this year Polo Park Principle Scott Blake was captured for requesting sex from a multi year-old kid. It is troublesome enough for anybody to anticipate that a multi year old should shield himself against a multi year old instructor, in any event, when the educator is unarmed.Now giving instructors weapons, and further engaging them over their exposed understudies, could expand the recurrence and size of these wiped out and upset acts. Indeed, even instructors that ordinarily would not misuse understudies can in some cases lose their cool. Frequently understudies and instructors can get into physical battles. These contentions could heighten rapidly if weapons are added to the blend. Not exclusively could a terrified instructor draw and discharge on a forceful understudy when deadly power isn't fundamental, understudies might overwhelm educators to hold onto their weapons.Furthermore, a government funded teacher is a low-p ay, high-stress work, and certain educators might be defenseless against a breakdown. A portion of these situations may appear to be uncommon, or even unrealistic, however they are truly conceivable in the huge number of schools the country over. While this bill may restrict the harm of mass acts of mass violence by understudies or outcasts, is it worth the capability of teacher’s hurting their understudies? All things considered, schools do should be made more secure. Understudies should have a sense of safety when they go to class n request to succeed, yet furnished educators don't really expand that security. Maybe rather the administration could reallocate a portion of the cash spend on senator’s annuity intends to paying for school security watches. These out-of-study hall gatekeepers would give the protection from outcasts while as yet guarding understudies from any possibly flimsy instructors. Moreover, having numerous security watchmen would ensure against any potential breakdowns by any one watchman, rather than having one educator, one firearm, and thirty kids in a similar room.

Carbohydrates Are Present In Sugars, Starch, Acids, And In Many Other

Starches are available in sugars, starch, acids, and in numerous different supplements that comprise components of carbon, hydrogen, and oxygen. Having a proportion of 1: 2: 1 or composed as CH20. A monosaccharide meaning monomer of sugar is a basic starch. Containing spine of five carbon molecules that are available in ribose and deoxyribose, parts of RNA and DNA. Glucose a six carbon particle that is regular cellulose, starch, and glycogen are delegated polysaccharide, Known as a mind boggling starch, with straight or fanned chains of many sugar monomers. These classifications of sugars are tried in two research center examinations. It will permit us (my accomplice and I) to identify the nearness of sugar or starch. The primary test, utilizing two unique answers for uncover the nearness of sugar or starch by shading modification. I estimate that the two examples of the examination will result distinctively so as to seek after the following test. The subsequent test comprises of 9 f ood things, recognizing the presence of sugar or starch. I surmise in distinguishing 75% out of the 9 things right. Directing the two analyses will test my speculations either right or wrong. The principal investigate basic and complex sugars, a few instruments and fluids were acquired: two test tubes, spot plate, test tube holder, benedicts reagent, lugol's iodine, 10% karo syrup arrangement, 1% starch arrangement. In a test tube (holding it with a test tube holder,) my accomplice fills 1 cm from the base of 10% karo syrup arrangement. With the benedicts reagent I tenderly include four drops, at that point immediately positioned the cylinder in 98 degrees of bubbling water, at 3:17p.m. While hanging tight for 3 minutes, we saw that before putting the cylinder in the bubbling water, the benedict reagent in the 10% karo syrup was blue. In the wake of warming, we saw at 3:20 p.m. that the benedict arrangement initiated and turned yellow. Which implied that sugar (basic starch) was available in the karo syrup. An alternate methodology was led to test starch. Utilizing a spot plate, 1% of starch (around 4 drops) was put into the well spot. At that point two drops of lugols io dine was included. It produced a dull purple shading with quick contact with the iodine. The outcomes for this trial implied that lugols iodine would test purple, positive for complex sugar and yellow for straightforward starches. The two examples of the investigation came about diversely concurring with my speculations. With the shading change of benedict reagent and lugols iodine, my accomplice and I was prepared to test sugar and starch on the 9 food things. Realize will test the 9 things, to state climate starch or sugar is available. I made a forecast that 75% of the things would be distinguished accurately. The analysis comprise of: squeezed apple, potato juice, salt water, heating powder arrangement, preparing soft drink arrangement, ozorka enhanced water, powdered sugar arrangement, obviously Canadian seasoned water, vinegar, benedicts reagent, lugols iodine, wax pencil, and 18 test tubes. My accomplice numbered the test tubes, having two sets from 1 through 9. He filled one set while I filled the other, both with food arrangement around, 1 cm from the base of the test tubes. Subsequent to filling the cylinders, we put 5 drops of benedicts reagent on one set, at that point setting them in bubbling water at around 98 degrees for five minutes (3:40 p.m.). Inside the five minutes, I put three drops of lugols iodine on the subsequent set (3:42 p.m.). We shook the cylinders, at that point resting them for 3 minutes. At 3:45 p.m., my acco mplice took out the benedict set, and we began to record our outcome as we likewise recorded the lugols iodine. We both had astonishing yields; I came about on having 6 things precisely right out of the 9. Preparing soft drink arrangement and vinegar bombed both the benedict and lugols iodine liquids, seeming negative outcomes for sugar and starch. I anticipated that Salt water would show starch in this manner it seemed negative. Vinegar has an acidic components, that are normally aged by which bacterium (prokaryotic) experience, an anaerobic cycle. Heating soft drink is a sodium bicarbonate, it is normally happening as a mineral called torna. It discharges more OH , which it has a pH over 7. Salt is a sodium chloride, too

More on deferrals

More on deferrals So, if youve been deferred, you may be asking, What now? First, you should know that at MIT, a deferral isnt just a polite rejection. Your application will once again be considered by the committee during regular action. You are at no advantage or disadvantage versus the regular action applications. We will admit the best applications we can during regular action, regardless of when the application was submitted. In each of the past few years, we have admitted hundreds of deferred students during regular action; last year, we admitted 326 deferred students during regular action, and Id guess that number will be in that neighborhood again this year. The only thing we ask that you send in is a midyear grade report. You can download one off of the website if you need one. Your semester grades are very important so keep working hard. Wed like this report as soon as possible after your grades are available; by the beginning of February would be great, but definitely by the end of February. You may also want to keep us up-to-date with any news in your life. This is not required nor is it expected, but if anything exciting happens definitely let us know. Its best if you send any such letter by the end of January, but you may keep us in the loop through the time we mail regular action decisions in mid-March. In my experience, I dont find extra formal essays to be particularly helpful or insightful. I generally do not encourage additional letters of recommendation. I know some of you have asked if you can still send in music or art or a response or Question 13, and the answer is that you certainly may. You should check in with your guidance/college counselor. Often, their years of experience provide wisdom and insight into your particular situation. Theyre more than welcome to give our office a call if our decision isnt consistent with their experience, or just to talk about the process. Wed prefer to take phone calls after the holidays, as many admissions staff (including myself) will take a much needed vacation soon (for me, starting next week). If you call in, we will not be able to tell you the reason why you were deferred, or what needs to be improved, simply because things are much more complex than just one reason why you were deferred. Usually, when I take a call from a deferred applicant, theres nothing that I see to be lacking or needing improvement most of our deferred students submitted very strong applications, the kinds of applications any school (including MIT) would love to have in their student body. Honestly. A frequent line to come out of my mouth: I have no idea why you werent admitted. Im glad to see from the comments that most of you, while understandably disappointed, are remaining upbeat, continuing to work on other applications, and knowing that one year from now, youll be getting ready to take some time of from some really amazing school (maybe MIT) to spend some quality time with loved ones. Being an optimist, I know that things always turn out well in the end.

I Remember Reading By The Age Of 3 Essay - 1280 Words

I remember reading by the age of 3. My mom taught English to preschool and middle school students. Looking at albums that had pictures of my childhood, I found that since age 2, I was already surrounded by educational charts, such as the alphabet, shapes, the different land forms and water forms, the traditional attires of men and women across the globe, etc. My mom would tell me about how much I loved to learn since I was a child. At the age of 3, she and my dad would take turns to read me a story. I did not know how to read yet, so I would look at the book’s pictures while either my mom or dad would read off of each page to me. This was a practice every night at home before I dozed off to sleep. Whenever we traveled, my parents would point out things to me and say what they were. Thus, I grew up viewing learning as a fun activity rather than a chore. The first time I held a book that I could recall, I was around 3. Our house was full of books. There were already two shelves in what we’ve been calling the â€Å"play room† since it was not a personal room and since the toys, shelves, and charts were all lined up. This probably further influenced my approach to learning as something that was fun instead of tiring. It was at the age of 3 that my mom began teaching me how to read. It began after I proudly recited the entire alphabet to her. This was one of my childhood memories that served as a transition in my learning experience. I recall reciting the alphabet a couple of timesShow MoreRelatedThe Questionnaire On Learning Styles Essay969 Words   |  4 Pagesskills. The VARK stands for the learning styles: V-visual, A-aural, R-reading/writing, and K-kinesthetic. The visual learner is a person that would be best taught by using some type of graphic form. The would use graphs or drawings or charts and learn by the results of a type of drawing. 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The guideline I chose is Reading: Alphabetic Principles und er Domain V Language, Communication and Literacy DomainRead MoreMy Literacy History And How It Has Been Developed Throughout Portions Of My Life915 Words   |  4 Pages As I think what literacy means to me, the most important thought that comes to mind is my understanding of it: the ability to read and write, I feel that without the ability to read and write, mankind is unable to properly function because there is no foundation for adequate communication. So literacy is reading development, a progression of skills that begins with the ability to understand spoken words and decode written words, and culminates in the deep understanding of text. Everyone has some

Alzheimer Disease The Most Common Form Of Dementia

Sally Enoh Anthony Lang Biology 1A Lab October 15, 2015 Alzheimer Disease Alzheimer Disease, the most common form of dementia (to a group of symptoms affecting the brain), is a neurological disorder affecting an individual’s memory, thinking skills, and ability to conduct simply everyday tasks. Alzheimer Disease is irreversible, and no cure has been established. Dr. Alois Alzheimer-the individual in which the disease is named after-detected Alzheimer in 1906 from a woman with abnormal clumps and tangled neurofibrillary (Castellani 2010). These characteristics of the brain are now directly associated with Alzheimer Disease. There are essentially two forms of the disease. Both experience the same symptoms, but one is early onset and the second is late onset. In early onset Alzheimer Disease, symptoms develop as early as 30 years of age. Late onset AD, the most common form, develops at sixty years of age and older. A family history of the disease does improve the individual’s probability of experiencing symptoms. The progressio n of this paper will consist of the medical changes caused by Alzheimer, how an individual can obtain it, and lastly prevention methods discovered throughout the years. Alzheimer primarily affects the brain and is essentially cause by brain cell death. Brain damage occurs years before symptoms appear as Alzheimer causes a disruption in metabolic processes that keeps neurons healthy. This disruption prevents nerve cells from communicating with oneShow MoreRelatedAlzheimer s Disease : The Most Common Form Of Dementia1427 Words   |  6 PagesDementia, known as one of the world s current pandemics, is estimated to be the fourth most common cause of death in the developed country, second only to cardiovascular, cerebrovascular diseases and cancer. With the aging population, dementia has gradually become a serious threat to the health of the elderly people in Australia. 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Basic Concepts in the Law of Contracts Free Essays

LGST 612 Prof. Kevin Werbach BASIC CONCEPTS IN THE LAW OF CONTRACTS Contracts are essential to business. They are a legal mechanism used in every industry and every part of the world to structure relationships among firms, and with customers, partners, and suppliers. We will write a custom essay sample on Basic Concepts in the Law of Contracts or any similar topic only for you Order Now Over several centuries, the law governing contracts has developed a large number of doctrines. Most are consistent with common sense, but unless you know what the rules are, you can easily make a mistake. This document introduces the fundamentals of contract law most relevant to businesspeople. Important legal terms are italicized. What is a Contract? And what is Contract Law? Legally, a contract is a set of promises that the law will enforce. We make promises all the time. Only some of them – the ones that meet the contract formation requirements listed below – are legally enforceable. That means the legal system, in the form of courts, can step in to order some action or payment for violation of the contract. Contracts are therefore private deals with the possibility of public (governmental) enforcement. Of course, there are many reasons to fulfill promises other than legal obligations. Reneging on promises may be unethical, or may result in a loss of goodwill or reputation as costly or more so than anything a court can impose. The general principles of contract law are fairly universal around the world. However, specific rules vary from country to country. In common law countries such as the United States and Great Britain, most of the legal doctrines governing contracts have been developed by courts over the centuries. In civil law countries such as those in Continental Europe, most of the terms of contract law are specified through comprehensive legislative codes. Even in the U. S. , some aspects of contract law are regulated by legislation. Certain classes of contracts involving employment, securities transactions, health care, and consumer financial transactions are subject to regulations that supersede the general principles of common law. Commercial contracts for the sale of goods (as opposed to services like consulting) are covered in virtually every state in the U. S. y the Uniform Commercial Code, which imposes specific statutory requirements. And certain contracts are made unenforceable by the Constitution: for example, a provision that a house may not be sold to a certain racial or ethnic group. Parties negotiating a contract each believe they will benefit from the agreement. For example, a corporation purchasing a license for enterprise software believes the benefit from the software wil l exceed the price it pays, and the software vendor believes the price will exceed sum of expected costs for providing access to its product. When parties enter into a contract, therefore, they generally do not expect it to be breached (violated), or to resort to the legal system. However, they recognize that sometimes a partner may make a promise with good intentions, and later fail to fulfill it, or that circumstances may chance in some way. When evaluating contracts, courts will generally not consider whether the deal was a good one for either side. The standard view is that no one forced the parties to enter into the contract; they should be held to the bargain they struck. Another way to think of a contract is as a legal hedge against uncertainty or risk. The contract gives each party confidence that if the other fails to perform, they can receive compensation through the courts. It also allows parties to specify how specific situations in the future may be addressed. For example, in the software license described above, what happens if the buyer decides to modify some of the software code and resell it? Rather than wait for the confusion if that happens, the parties can specify ahead of time how the situation will be handled, by adding provisions to the contract. LGST 612 (Prof. Werbach) Page 2 Contemporary legal systems focus on two things in contracts cases: intent and reliance. If the evidence shows that all parties acted as though they intended to be legally bound to a contract, and the plaintiff (the one filing the lawsuit) reasonably relied on the defendant to follow through with the contract, the courts will generally enforce it. To do otherwise would be unfair to the party that was harmed by honoring their commitments. In modern contract law, intent and reasonable reliance often trump formalities. A contract may generally be enforced even if it not signed, written, or even expressly made. For example, if a fishmonger delivers fresh fish to a restaurant every Monday for a year and receives the same payment each time, there may be an implied contract even if the parties never explicitly spoke about it. The plaintiff still needs to convince the judge or jury in court, which is much harder to do based on oral testimony than documentary evidence. Unwritten contracts also leave significant gaps for courts to fill in. The implied contract between the restaurant and the fishmonger, for example, could be terminated at any time by the parties, because there is no explicit term guaranteeing how long it will last. Remedies What a court awards to a successful plaintiff for breach of contract is known as the remedy. In contract law, the sole purpose of the remedy is to adequately compensate for the breach. You cannot receive additional â€Å"punitive† damages to punish someone for breach of contract, as you might under a tort claim such as products liability. The same facts, however, might give rise to both kinds of claims, as when a party deliberately breaks a contract in order to harm the other party’s business. ) In most contracts cases, the remedy is a payment of money, known as damages. There are three main ways that courts may calculate the level of damages: †¢ Expectation is the preferred formula. Whenever possible, this is what courts will use. Expectation means that the plaint iff (who did not breach the contract) gets the â€Å"benefit of the bargain. † In other words, they receive compensation to put them in the position they would have been in, had the contract been performed. For example, if an airline enters into a futures contract to purchase jet fuel in one year at $4/gallon, and at the time of performance the fuel company breaches because the spot market price is now $7/gallon, the expectation remedy would be $3/gallon times the number of gallons. In other words, it is the difference between the market and contract price. That way, the airline can buy the fuel from someone else at the market price, and still get the benefit of the contract. Reliance is used when expectation damages cannot be calculated because the amounts are too uncertain, or there is some other reason not to give expectation damages. Under this formula, the plaintiff gets back any costs he or she has expected by relying on the contract, so they are no worse off than before the agreement. Generally, this will be a smaller amount than the expectation remedy. Restitution is used in rare situations where even reliance damages are not feasible to determine. Under this formula, the defendant (who breached the contract) must give back whatever benefit he or she received from the plaintiff, even if this does not fully cover the plaintiff’s reliance. For example, if the plaintiff paid money to the defendant for some services, the defendant must give it back. †¢ †¢ Courts may also consider awarding incidental and consequential damages. These are other costs the plaintiff can demonstrate, which go beyond his or her expectation under the contract. For example, imagine a factory owner contracts for a $50,000 piece of machinery to power a production line, and LGST 612 (Prof. Werbach) Page 3 the supplier breaches the contract. It takes a month before the factory can obtain an equivalent machine from another supplier (also for $50,000). As a result, the factory loses one month of production, which produces financial losses of $500,000 and causes its customers to terminate future orders worth several million dollars. All those costs are considered consequential damages. Whether they can be recovered depends on how foreseeable they were, and on the terms of the contract itself. On the one hand, those are actual losses the plaintiff suffered; on the other hand, was it reasonable to think the defendant took on millions of dollars of potential liability when it sold a $50,000 machine? In limited situations, monetary damages are not sufficient to give the plaintiff an adequate remedy. In such cases, a court may order an injunction (forbidding the defendant from some course of action) or specific performance (affirmatively ordering the defendant to go through with the transaction). Specific performance is only available for unique objects, where the money to purchase a similar object is not considered sufficient. This includes things such as works of art and real estate. Breach Failing to follow through on the legal obligations of a contract is called a breach. A breach might mean one party totally ignored its contractual obligations, or that it failed to perform some of them (such as completing the contracted-for services within a specified time), or that it did so in an inadequate manner. Whether something constitutes a breach is a factual decision for the court. The decision may be easier if the contract itself specifies conditions for breach, or whether a failure to perform specific responsibilities constitutes a breach of the whole agreement. As mentioned above, breaching a contract is not the same thing as breaking a promise, because law and ethics are not identical. In particular, sometimes a breach is, economically at least, a good thing. Imagine that an architect contracts with a cabinetmaker for custom-designed built-in furniture in a renovated house. However, the owner of the house changes her mind before finalizing her contract with the architect, and he loses the commission. The cabinetmaker has not yet started to manufacture the furniture. It would be wasteful to force the architect to go through with the contract, when he knows the cabinets will be useless. It is more efficient for the architect to breach the agreement. So long as the architect pays sufficient compensation to the cabinetmaker (voluntarily or in the form of monetary damages or a voluntary payment), there is nothing unethical in his breach. Contract Formation There are five required elements for a legally binding contract. In other words, a plaintiff suing for breach of contract must first show that all five were met. Then they must show the contract was breached, and they are entitled to a remedy. ) 1. 2. 3. 4. 5. Offer Acceptance Consideration Legality Capacity The first two requirements, offer and acceptance, are sometimes lumped together and called â€Å"mutual assent. † They are typically the most difficult and important elements to establish. LGST 612 (Prof. Werbach) Offer Page 4 An offer is a proposal that manifests intent to enter into a contract. It is distinguished from an invitation, which is merely a proposal to enter into negotiations and therefore not legally binding. The party that makes an offer is called the offeror and the party that receives it is called the offeree. For the offer to be valid, the offeror must: 1. Manifest the intent to enter into a contract 2. Be definite and certain regarding the essential terms of the proposed contract 3. Communicate the offer to the offeree Suppose you are at a used-car dealer’s lot. You see a care you like with the price listed as $9,995. You ask the salesperson what he’d take for the car; he doesn’t answer you, but responds by asking you what you would offer. If you then say, â€Å"I wouldn’t pay the list price, but I might pay $8,000 if I could finance it,† have you made an offer? In considering questions of this type, courts will look to â€Å"objective† manifestations of intent. Would a reasonable (ordinary, average) person, listening to your conversation in context, think that you intended to bound into a contract if the salesperson accepted? Again, reasonable reliance is what the courts look to protect, so your subjective mental state, even if it could be reliably determined, is irrelevant. Courts do, however, consider the context. You might offer to purchase a candy bar simply by holding out a dollar bill to a cashier, but an offer to enter into a multi-million dollar merger agreement might require significantly greater formalities. Similarly, if it would be clear to a reasonable observer that a statement was made as a joke, or in a social setting that does not involve contractual obligations, such as a wedding invitation, there is no binding offer. All these, however, are factual questions that courts might assess by hearing witnesses, looking at evidence, and listening to experts. Acceptance An acceptance is the mirror of an offer. If the offeree (the one receiving the offer) objectively manifests intent to be bound, the other elements below are met, and the offer is still valid, a contract comes into being at that moment. Intent is evaluated the same way for acceptance as for the offer. For the acceptance, however, courts are more sensitive to situations where someone takes actions that indicate acceptance (such as signing a document), but does not in fact understand the obligations they are undertaking. In such cases, courts generally look to whether this is the sort of contract that is typically accepted in that manner, and whether the offeree had a reasonable opportunity to analyze the contract but chose not to. Many business-to-consumer agreements are so-called contracts of adhesion or form contracts, where the consumer has no real opportunity to negotiate the specific terms – think of a rental-car agreement – but acceptance is still generally considered valid because there are other means to protect the consumers and the alternative would be extremely inefficient and cumbersome. There are four ways that an offer may no longer be valid: 1. The offeror may generally revoke the offer by communicating that to the other party at any moment before acceptance. 2. If the one receiving the offer rejects it, which includes making a counter-offer, the original offer is considered no longer binding. 3. After some reasonable period of time, determined by the court based on the context, offers lapse. You cannot walk into a used-car dealer and say you are accepting the list price of a car advertised two years before. 4. Death or incapacitation of an offeror generally cancels an offer. One exception to the rule about revocation of offers is the option contract. This is essentially a contract that binds only one party. For example, a property owner might grant a real estate investor LGST 612 (Prof. Werbach) Page 5 an option to purchase a building for $15 million within a period of 90 days. If the investor comes forward with the $15 million, the owner must sell the building. The investor, however, is under no obligation to do anything. (Options on stocks operate the same way; the price for the put or call is the payment for the option. ) Under U. S. aw, there must be a separate payment for holding open the option, even if it is specified in the same document as the purchase terms. In other words, in the real estate example, if the building owner promised to keep the offer open for 90 days, but received no compensation for that promise, it would technically be free to sell to someone else. In many other countries, a party that promises an option must keep it open for a reasonable period of time, even without payment. The acceptance must mirror the offer. That means the offeree must comply with any conditions the offeror placed on the offer. If, for example, the offer states that payment must be made in cash, or that those wishing to accept the offer must show up in person at a certain location, those conditions must be met for a valid acceptance. If the offeror does not specify, the offeree may use any reasonable means. This may even include actions rather than words. If I ask a friend to bring me a sandwich from the cafe downstairs, which I’ll pay for, and she immediately goes to purchase it without saying a word, her actions would likely be a sufficient manifestation of intent. As always, context matters. In a complex commercial negotiation, it may be reasonable to exchange numerous very specific drafts, which are not formally accepted until the final version is signed off on by senior executives. Consideration Consideration means that each party has committed to giving up something of value to induce the promise or action of the other party. It is the way the law distinguishes an enforceable contractual bargain from a gift. If someone promises to give you a gift, and then reneges on the promise, you cannot sue them for breach of contract. There was no contract to begin with, because you did not have to give anything up in return for the gift. In most contracts, consideration will be money in exchange for some goods or services. However, it can be anything of legal value, including property or voluntarily giving up a legal right to act in a certain way. In a famous case, a court held that an uncle’s promise to pay money to his nephew if the nephew gave up smoking and drinking was enforceable, because the nephew stopped doing something he was legally entitled to do. The consideration must, however, be needed to induce the promise. If your action or inaction wasn’t what motivated the other party, there is no consideration. The amount of consideration need not match the value of what the party receives in return. A contract to pay $100 for a computer worth $1,000 may be a bad deal, but it has sufficient consideration. The main question is whether there is something of value exchanged to demonstrate the agreement is not a gift. In business agreements, this sometimes means a recital (a contractual provision that simply states a fact) along the lines of, â€Å"in exchange for good and valuable onsideration of one dollar†¦Ã¢â‚¬  to ensure consideration is found. Legality Contracts that are made for an illegal purpose will not be enforceable in a court of law. An agreement with a hit man to kill a disfavored relative may meet all of the formalities of a contract, but it should be obvious that you could not sue him for failing to go through with it. More realistically, an agreement to engage in bribery o r to restrain market competition in violation of antitrust laws would be unenforceable. Capacity All parties to a contract must have the legal capacity to enter into a binding agreement. In other words, they must have what the law considers sufficient mental fortitude to understand and commit to LGST 612 (Prof. Werbach) Page 6 the obligations involved. Two main classes of people who do not have capacity are children and those under significant mental disability or impairment. Children are generally not allowed to become legally bound by contracts. (The specific age cutoff and other considerations vary from jurisdiction to jurisdiction. If an adult contracts with a child, the child can void the contract at will, but the adult is still bound if the child wishes to enforce the agreement. The other situations in which capacity becomes an issue are when a party either has a significant disability that prevents them from understanding contractual obligations, or they are too severely impaired by drugs, alcohol, or another factor. Capacity is judged objectively: would a reason able observer think the party was in a state that made it impossible to express intent to contract? If so, the party at that moment lacks the legal capacity. It is important to note that capacity is not the same thing as capability or authority. A bank may not actually have the financial wherewithal to provide the financing that it contracts for, but this does not mean it is incapable of entering into any contract. If it fails to provide the financing that the other party reasonably relied on, it is in breach of contract, whether or not it actually has the resources needed to perform. Similarly, an agent may or may not have the legal authority to speak for a firm. If a sales representative (or someone claiming to be a sales representative) commits a company to an agreement with a customer that the company does not in fact wish to honor, that has no bearing on the legal capacity to contract. In that situation, the court must determine whether it is appropriate to bind the company. If the salesperson did not in fact have actual authority to sign off on such contracts, courts would look to whether it was reasonable for the customer to think that they did, especially without communicating with corporate headquarters. Whether a Contract Must be in Writing (â€Å"Statute of Frauds†) As mentioned above, there is no general requirement that contracts be in writing. It is generally a good idea to write contracts down, because that provides clear evidence of their existence and terms if they are ever breached. Fundamentally, though, an oral agreement, or an unsigned written agreement, is a valid contract, except in two broad cases. The first is when there is a statutory or regulatory requirement to put a certain agreement in writing. This is often the case, for example, with financial and healthcare agreements. The second is if the contract is under the statute of frauds. The Statute of Frauds was a 17th century English law that required some contracts to be in writing, because otherwise there would be too much risk of witnesses lying (the â€Å"fraud†) in their oral testimony in court. Today, the term refers mostly to common law principles that impose a writing requirement, plus provisions of certain modern statutes (such as the Uniform Commercial Code) that impose similar obligations. Saying that a contract is â€Å"under the statute of frauds† means that it has to be in writing. There are several categories of contracts that fall under the statute of frauds, including suretyship (promising to pay someone else’s debts) and contracts in consideration of marriage (such as prenuptial agreements). The three categories most likely to arise in a business context are: †¢ †¢ Sale of land. This also includes interests in land, such as a mortgage. Sales of goods worth $500 or more. Note that contracts for services, such as consulting or financial advice, are not covered under this provision. The $500 figure comes from the Uniform Commercial Code, and is an arbitrary figure, not pegged to inflation. LGST 612 (Prof. Werbach) Page 7 †¢ Promises not performable in one year. In other words, there is no way the contract could be successfully performed within a year. If the contract does not specify a term of longer than a year, and there is come conceivable scenario in which both parties would discharge their responsibilities before the end of the year, it need not be in writing. If a contract falls under the statute of frauds, a sufficient â€Å"writing† is a document that identifies the parties, describes the basic obligations of the contract, and is signed by the party to be charged. As with any written contract, if there are specific details not set out in the document, the court can interpret the language or fill in reasonable terms as necessary to enforce it. If, however, the writing is missing a material term – for example, the price in most sales contracts – it is not enforceable. Basically, the court needs enough information to determine a remedy. If the contract is not under the statute of frauds, the courts can look to other written evidence or oral testimony to find a material term. However, if the parties simply failed to agree on such an essential point, the contract is unenforceable. Note that when the statute of frauds applies, only one party is required to sign the agreement: the party who is being sued to enforce it (the defendant). The signature of the other party may still be useful to prove there was intent to enter into a binding agreement. Excuses to Performance In some circumstances, a party will not be held to an agreement, even when it met all the legal requirements for a valid contract. The most common excuses to performance are: Fraud. If one party induces a contract by lying to the other party, it is not enforceable even when the form of the contract is perfectly good. Duress. If a party felt it was forced to enter into a contract against its will, it can claim the contract is unenforceable due to duress. This means something more than a difficult situation or a tough negotiating partner on the other side. For example, if there is only one supplier for an important input with sufficient production capacity, buying from that supplier is not duress. There must generally be some misconduct, involving threats to engage in illegal conduct or breach other obligations, which convinces the other party it has no choice. Unconscionability. As noted above, a contract will not be considered unenforceable because it is unfair, or because there is unequal bargaining power (as is typically the case in business-to-consumer interactions). However, if one party has no reasonable opportunity to understand the obligations they are undertaking, or there are terms in the agreement so manifestly unfair that they â€Å"shock the conscience,† courts can declare specific provisions or whole contracts as unconscionable. This doctrine is successfully invoked infrequently, and then typically when there is unfairness in the process, rather than the substantive terms. Mutual mistake. If both parties were mistaken about the fundamental subject matter of the contract, such that they never truly had an agreement, the contract can be declared unenforceable. If the mistake is simply a bad business decision, such as an assumption that the price of a good will not increase substantially, it will not excuse performance. Impossibility/frustration of purpose. If circumstances change so dramatically that either a contract is effectively impossible to perform, or it would be pointless to complete it, courts can excuse performance. As with the other doctrines, courts will not release parties from their obligations if performance is merely more difficult or costly than they expected. – – – – LGST 612 (Prof. Werbach) Page 8 These excuses are considered by courts after the fact. In such situations, there is a contract, but there is no legal remedy for a breach. Sometimes, the result is merely to sever a problematic provision of the contract. For example, a contract may be enforceable minus the specific term the court considered unconscionable. Recovery Outside of Contract (â€Å"Promissory Estoppel†) Modern contract law makes it relatively easy for parties to enter into contracts, to specify the terms of those contracts, and to be excused from contractual obligations when fundamental fairness dictates. Consequently, the legal system generally focuses on whether the procedural obligations of contract law described above have been met, rather than on whether the outcome is just. After all, the parties were free to act differently, yet chose to structure their agreement in a certain way. Why should the courts interfere with their decisions? In a host of cases, this freedom-based view of contracts fails to account for reality. Inequalities in access to information or bargaining power may so warp the relationship between parties that the formal structure of an agreement may not actually reflect the intent of at least one of them. Or there may be significant public policy concerns, such as avoiding mistreatment of patients or retail investors, which counsel for heightened obligations beyond those of common-law contract doctrines. Another category cuts in the opposite direction. Sometimes the un-enforceability of an agreement is unfair. If one party reasonably relies on the other party, yet has no remedy because the agreement is unenforceable, it can create a situation in which the courts view themselves as parties to an injustice. The legal doctrine known as promissory estoppel arose to allow for recovery of damages in court, even when there is no enforceable contract between the parties. The Restatement (Second) of Contracts, a collection of â€Å"best practices† in contract law written by leading legal experts in the field, describes promissory estoppel as follows: â€Å"A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires. † Most commonly this doctrine is invoked for charitable gifts. For example, imagine that a donor to Wharton promises the school $100 million for a new building bearing her name, the school builds the building in reliance on the gift, and the donor then reneges on the promise. There is no enforceable contract, because there is no consideration. (The school’s expenditure in building the building was a response to the promised gift; it is not what induced the promise, as required for consideration. ) In such a situation, if a court feels it would be an â€Å"injustice† that Wharton receives no compensation, it can award damages on a promissory estoppel theory. Courts have applied promissory estoppel in other situations where, because of some legal quirk, a party reasonably relies on a contract and yet has no adequate remedy. Note that promissory estoppel is a distinct legal claim, not a lawsuit based on a valid contract. One consequence is that damages are generally limited to reliance. In the donation example in the previous paragraph, this means that Wharton might recover the amount it spent on constructing the building, but not the full $100 million that was promised. And remember that the court can decline to award anything if it does not feel that an injustice has occurred. How to cite Basic Concepts in the Law of Contracts, Essay examples

Concept paper free essay sample

A Concept Paper is about the in-depth analysis regarding an intangible thought, theory, or idea. The goal of writing a concept paper is to explain a particular idea to the audience or readers objectively. Whenever an idea has to be explained, a concept paper is needed. If the audience has no knowledge about the topic, your job should inform them. If your audience has some knowledge, your job is to add new things or new idea about the topic. A concept paper is prepared as a prelude to a full paper. The full paper may be a thesis, a program, a project, or anything that will require a longer time to prepare. It is expected that the concept paper should consist only of 1 or 2 pages. Or if you want to clear up some matters, it can go up to 5 pages. The concept paper may also be used as an instructional tool that may have developed as a result of extensive research, committee input and/or as a result of the outcome of a current project. Reverse osmosis, electrochemical methods, chemical precipitation, ion exchange, flotation, and membrane processes are some of he techniques that were discovered (Park et al. , 2010). Unfortunately, these techniques have some limitations. They cannot completely remove the metals. They also require high energy and reagents and they generate waste products such as toxic sludge which ARQ Eire disposal. In addition, these methods are restricted when used for the decontamination of marine systems with heavy metals in a low concentration range (Viral and Volleys, 2000).As a result of these inadequacies and inefficiencies, researchers have sought alternative ways of removing toxic heavy metals from aquatic systems. It was in the 1 asss when the researchers, in the field of environmental biotechnology, discovered a new and efficient method for heavy metal removal- absorption. Absorption is defined as the capability of biological materials to accumulate heavy metals from aquatic systems through metabolically physiochemical pathways Of uptake (Ally et al. , 2003). The mechanism of absorption is complex.It mainly works through ion exchange, collation, adsorption by physical forces, and entrapment of metals in spaces of the structural polysaccharide network and in interlibrary and interlibrary capillaries (Ally et al. 2003). The major advantages of this technology over the conventional ones include not only its affordability and availability but also its high efficiency- the minimization of chemical and biological sludge, the removal of heavy metals at low concentrations, and the recovery of metal following adsorption (Volleys, 2007).In the process of absorption, a biological material is regarded as the absorbent. Absorbents, which contain metal-sequestering properties, can come from industrial wastes, organisms that are easily available in large amounts in nature, and organisms of quick growth (Viral and Volleys 2000). They can be classified into two, the living organisms and the non-living biological materials. Living organisms include bacteria such as the gram- negative, gram-positive and controversial; fungi such as molds, mushrooms and yeasts; and algae such as the seaweeds, micro-algae and macro-algae (Park et al. 2010). On the other hand, non-living biological materials include industrial wastes such as waste sludge and mill residues; agricultural wastes such as the fruit and vegetable derivatives; and natural residues such as saw dust, tree barks, and weeds (Park et al. , 2010).. Seaweeds offer advantages for sorption mainly because of their structure- the presence of carboxylic and sulfates in their polysaccharides (Ally et al. , 2003). In fact, some species of seaweed evaluated by different researchers have indicated impressive absorption of metals (Hand and Volley, 1 999; Volleys et al. , 1999; Volleys and Holon, 19995; Figural et al. , 2000). Drooled et al. (1996) studied the ability of three species of seaweed namely Caecilian maxima, Lessoning fallacies and Derailleur potatoes and found out that they can remove copper, nickel, zinc, lead and cadmium in aqueous solution. Grampus awed was also confirmed by Volleys et al. (1999) to remove cadmium and copper from aquatic systems. The research team stated that the alginate in the cell wall is the one responsible for the metal sorption of the seaweed. It has also been demonstrated by Viral and Volleys (2000) that fungi can be used as absorbents for heavy metals since they are composed of a wide range of chemical groups that can attract and sequester the metals in biomass. Their cell walls are composed of structural polysaccharides, proteins and lipids that offer metal-binding functional groups (Ally et al. , 2003). In the study of Stock et al. 2006), dry biomass of three fungi species namely Carious campsites, Amanita muscular and Tetrameter g Ibos were tested for their absorption capabilities and results revealed that these fungi can remove copper, aluminum and antimony from aqueous solutions. According to Paragon et al. (2007), the cell surface of bacteria carries a net negative charge due to the presence of carbonyl, amine, hydroxyl, phosphate and skillfully groups and because of this property bacteria can attract and adsorb significant quantities of positively charged heavy metals.And so, cetera can also be used as absorbent. In fact, according to the study conducted by Lung et al. (2001) entitled Absorption of heavy metals by bacteria isolated from activated sludge, both gram-positive (Bacillus) and gram-negative (Pseudonymous) bacteria have the capacity to remove copper, nickel and lead. Waste materials, such as agricultural wastes, natural wastes, and the by- products from large-scale industrial operations, were also given extensive attention.Dried activated waste sludge from a sewage treatment plant can remove cadmium, copper and zinc according to Hamming et al. (2003), olive ill residues can remove copper according to Poignantly et al. (2002), and bossily can remove zinc according to Drooled et al. (1996). Agricultural wastes such as the Nanas commons peel, Paprika specious pods and Sodium guava peel, as investigated by Off et al. (2011 can adsorb cadmium. Also, natural wastes such as bark from Eucalyptus globules Labial and Pinups radiate have been found out to accumulate copper and zinc (Ruffian and Mulligan, 201 1).Feasibility studies have established that absorptive processes using non-living biomass are more effective than the absorptive processes that use vying microorganisms. This is due to the fact that living microorganisms require nutrient supply and complicated fabricator systems (Park et al. , 2010). In addition to that, due to the toxicity of the pollutants being extracted and other unsuitable environmental factors such as the temperature and the acidity of the system being treated, maintenance of a healthy population of microorganisms becomes difficult (Park et al. 2010). For these reasons, some prefer the use of non-living biomass as absorbents. However, there are a lot of attributes of living microorganisms which remain unexploited and these attributes are all valuable of extra attention since they may be of great use for specific applications (Park et al. , 2010). In fact, A. Mali mentioned that when some non-living absorptive metal removal is not possible, growing metal resistant cells can be applied to water systems.These cells can ensure better removal due to a combination of precipitation, absorption, and continuous uptake of metals after physical adsorption (Mali, 2004). With the economic advantages and the wide knowledge accumulated about the absorption technology, some new absorbents are currently promoted for immemorial exploitation (Viral and Volleys, 2000). However, there are no limits to expanding our knowledge about the science of absorption. We still need to acquire deeper understanding and provide accurate explanations of the phenomenon in order to utilize this technology to its maximum efficiency.

Little Brother free essay sample

Analytical Essay- Little Brother Power Corrupts Decisions taken by entities of higher power, only cause panic and uneasiness between the people affected. In Cory Doctorows novel, Little Brother, the government does not approve of those who decide to defy control and think for themselves. The actions taken by the DHS after the Bay Bridge bombing create feelings of terror amongst the citizens of San Francisco. Over the course of the story, the DHS takes precautionary measures that contribute to the mental trauma of the citizens. To begin with, Marcus is feeling nsafe in the place he considered his safe-spot, this develops a serious case of paranoia and, causing doubt in his mind. When Marcus is released from capture he thinks to himself, There wasnt a camera in my room-not one I could detect, anyway. There might have been audio bugs, of course. Or better cameras. Or nothing at all. We will write a custom essay sample on Little Brother or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Can you blame me for feeling paranoid? (Doctorow 85). The DHS brought on a new sense of paranoia Marcus has never felt, and this is affecting his mental state, and he no longer feels safe comfortable in the place he always called hisconsidered safe- spot. Furthermore, the dignities of those who are respected get stripped away shamefully and publicly. Furthermore, the dignities of the citizens get stripped away shamefully and publicly. Marcus watches online as, The DHS hog-tied the general, strapping him at the ankles and wrists. Passing pedestrians looked at this guy in his uniform getting tied up, and you could see from his face that this was the worst part, this was the ritual humiliation, the removal of dignity. (226). It is ironic and unsettling for citizens to watch a man in charge of keeping peace attacked and have is dignity removed, by the organization that is supposed to keep people them safe. Finally, the government destroys weakens the self-confidencemental state inof all those who have been captured. Once Barbara gets the guards to open the cell they see Darryl, He had shredded his paper hospital gown. He was curled up, naked, in the back of the cell, shielding himself from the camera and our stares, I ran to him. He trembled and squeezed his eyes shut. (352). After being abused for many weeks, Darryl is broken inside as well as on the outside, he will forever remember all the hardships that he went through. Rather than the precautionary decisions helping the mental state of the citizens, they the DHS disturb the peace of the people. Along with mental trauma, the DHS is also the cause of physical trauma inflicted upon the citizens. First, the DHS are is causing terror and physical pain amo ngst their own people by using harmful chemicals in order to prove their point. At the concert in Dolores Park, the DHS decides to show up, Pepper spray. Not a hundred thousand Scovilles. A million and a half. Theyd gassed the crowd. I didnt see what happened next, but I heard it. First the choking retching sounds. Then coughing. Then screaming. The screaming went on for a long time. (195-196). Rather than handling chemicals that cause panic as well as pain on the crowd of all ages. Next, people in respected positions that stand up for their rights are getting physically injured and abused by those who want to keep the country safe. Marcus watched helplessly as, The DHS guy ran after the general. three of the giant DHS guards slammed into him, knocking him sideways, then catching him at the middle, like a career-ending football tackle. The general. went down like a sack of potatoes and bounced twice, is face slamming off the sidewalk and blood starting out of his nose. (225-226). Despite the fact that the general is in a respected position, his own people dishonourdishonor him, this video and his scars will haunt him for the rest of his life. Last, the DHS does not care about the peoplespeoples health, they will do anything to get what they want, including different types of physical torture. Marcus is held in captivity and tortured by the DHS again, Her voice reeled me in. You get struck down like this, and we pour water over your head, up your nose and down your mouth. You cant suppress the gag reflex. They call it a simulated execution, and from I can tell from this side of the room, thats a fair assessment. You wont be able to fght the feeling that youre dying. . That was it, real torture. (344). The cruel treatment that Marcus has been given without authorization, displays that the DHS does not care about breaking laws and have gotten out of control by putting actions such as attempt of murder under the name of safety. The way the DHS handles situations with physical torture, creates panic as well as trauma. The treatment given from the DHS to the citizens of San Francisco have all been xperiences where entities whothat work under the name of safety have created terror and havoc amidst their citizens. As displayed through many cases of paranoia throughout the story, the DHS has no care for the mental trauma that their citizens have been put through. The abusive physical treatment given to those who oppose the DHS in a calm way, display that the DHS will do whatever they can to get information out of innocent citizens no matter what their physical conditions. The decisions carried out by the DHS government to help stop terror create more physical and mental trauma than stopping panic.

Buoyancy Lab Report Essays

Buoyancy Lab Report Essays Buoyancy Lab Report Paper Buoyancy Lab Report Paper From information learned in the accompanying Fluid Mechanics lecture course, basic formulas can be applied to solve for the specific weight of the object in question. The experiment performed will involve the buoyancy principle and include calculating the volume displaced of a submerged object. This is laboratory experiment under a controlled environment. The results of this experiment can be found by using the weight of each object when dry as well as submerged in water in order to determine the specific weights of the objects. This concludes the Archimedes principle to be true in that the collected values were very close to those of the available accepted data for the respected materials. These findings will likewise set the basis for fluid mechanics study to come during the remainder of this course. Objective Introduction: The objective of this lab experiment is to gather enough information to be able to use the buoyancy principle to determine specific weight of multiple objects. Submarines apply Archimedes Principle when changing depth. A submarine ivies deeper by opening its ballast tank, collecting enough water to increase the submarines weight to an amount greater than the buoyant force. By pushing water out of the ballast tanks, the submarine becomes lighter than the buoyant force, allowing the submarine to rise. Archimedes Principle is used in everyday industries which involve buoyancy, to include watercraft, weather balloons, and even life-preservers. It is necessary to know whether or not something will float, as intended, or sink below the surface of the fluid in which it is In the year 250 B. C. Greek mathematician Archimedes of Syracuse published On Floating Bodies, a book containing various scientific and mathematical principles which he had scrutinized and eventually proved through rigorous trial and error While never fully verified, the legend of the buoyancy principle was verified by Archimedes himself after noticing the water level rise after stepping into his bathtub one night. His exclamation of Eureka! , Greek for l found it marked this significance and had been used as a verbal mark for discovery in the English language ever since. In modern engineering, Archimedes principle can be seen in nearly every real world application. In the basic sense, calculations for ocean- going vessels are wholly dependent on the buoyancy principle. For a more broad sense, the principle of material composition verification can nearly always come back to soaking and floating an object. And for a more abstract outlook, the floating of blimps, balloons, and lighter-than-air craft is dependent on the fact that their specific weight is equal to their weight displaced divided by their displaced volume. Theory Experimental Methods: Archimedes Principle states that objects in a specific medium (i. E. Air or water) experience an upward force known as buoyant force. In order for something to stay afloat, this force must be equal in magnitude or in the case of lift with a hot-air balloon, greater than, the weight of the volume displaced by that object. Moreover, this amount of substance or in the case of this experiment; the water (or fluid) displaced will be equal to the volume of water displaced divided by the specific weight of the object.

PSYCHOLOGY Research Paper Example | Topics and Well Written Essays - 750 words

PSYCHOLOGY - Research Paper Example In order to execute such paradigms, numerous psychological theories have been devised to classify humans under diverse patterns and syndromes. An understanding of the psychology enables one to eradicate various therapeutic problems. Thus, psychology is not confined to any core study but it encompasses a complete understanding about the nature and the conditions under which a person was nurtured. In the article "The effectiveness of psychodynamic therapy and cognitive behavior therapy in the treatment of personality disorders: A meta-analysis", the authors have conducted a meta-analysis to highlight the impact of psychodynamic therapy, as well as cognitive behavior therapy to treat personality disorders. Although the article does not include heredity and environment, the authors have used psychoanalytical perspectives and rely on the scientific findings, but fail to explain several important issues which are discussed here. However, any activity that affects the performance or behavio r of an individual is designated as behavior or mental process. The article does not specify the aspects of mental processes which are associated with different cognitive operations essential in learning process and in procuring knowledge, reasoning, memory, learning skills, perception, outlook, concentration, skill to be alert and attentive, language skills, communication, thoughts, aptitude, emotions, decision making and problem solving skills ("What is cognitive psychology?"). Although the article addresses the psychologists and explains the intricacies associated with the understanding of mental and behavior processes, it fails in being considerate towards brain functioning, communication, interpersonal predispositions, motivation and social behavior together with the physiological and neurological predilections. The article does not consider developmental aspects which play an imperative role in the process of nurture and formation of nature/temperament ("A rational model of th e effects of distributional information on feature learning"). One of the key features in psychology is cognitive studies, an assessment of mental processes. The psychologist must understand the attitude as well as propensity of the patient to deal with the personality disorders. The article lacks in emphasizing upon the cognitive understanding and, hence, the mental process, alteration of which is responsible for personality disorders. Evidently, as an individual matures, perception and understanding about the circumstances and situations also expands. Some may have the intellect to understand others, learn about their nature and circumstances, and react to the event in more pleasing manner, while others tend to be short tempered and reactionary towards a situation and display rage and anguish. These psychological aspects are not well defined in the article to implement the cognitive behavior therapy for personality disorder ("What is Cognitive Psychology?"). In the present scenari o where the competition is hard-hitting and individuals are chip in a career race, an approach is desired where judgmental move toward attitude could be worked well. One has to be critical in displaying cognitive behavior, enhanced memory power, quick as well as appropriate decision making temperament, and organization of educational program to boost learning power in order to prove their worth. A

Waitrose Strategic Analysis Essay Example | Topics and Well Written Essays - 250 words

Waitrose Strategic Analysis - Essay Example Integrity and transparency is also found to be crucial in the strategic planning of Waitrose. The vision of Waitrose in implementing its strategic operations is concentrated on generating value for its employees and also for its other stakeholders by rendering due significance to transparency and integrity in its business operations. In its vision statement, the company also states that employees are treated to be the owners of Waitrose where due consideration is provided towards their inclusion in the decision making process (Waitrose, 2013). In its mission statement, Waitrose further emphasises to create a difference by rendering quality assurance to its customers generating greater brand value in its targeted market. In its mission, the company also intends to work in partnership with large brands in the industry. To be precise, creating a healthy competitive environment and through better resource allocation, the company intends to deliver its services to its customers through effective pricing which secures its organisational interests as well as the interests of its stakeholders (Waitrose, 2013). Waitrose, 2013. The Waitrose Difference. About Waitrose. [Online] Available at: http://www.waitrose.com/content/waitrose/en/home/about_waitrose/our_company/the_waitrose_difference.html [Accessed March 04,

The Strategic Direction For The Future Business Essay

The Strategic Direction For The Future Business Essay THE HONDA MOTOR COMPANY LIMITED has established in 24th September 1948. Honda has expansion to take a leading position in the field of motorcycle automobile and power product Japanese market was in the nuisance because of the shortage of money and fuel but JAPAN was still in require of basic transportation Honda utilise All rights booked. Honda manufacturing facility attract engine to a bicycle that create cheap and efficient method of transportation. HONDA HEAD OFFICE JAPAN In the global market the Honda is world largest engine manufacture and market leader in the motorcycle. Honda has been operating 120 manufacturing facility in 29 country and 167,234 people worldwide Honda has broaden whole over the world in the following market. Honda established in United States of America in 1959 by the name of American Honda motor company .inc. In Thailand 1964 Asian Honda motor company limited. The first market in the Europe in 1963 Honda (UK) limited recognized in the LONDON Honda found in the South America (BRAZIL SAO PAULO) in the 1971 by the name of Honda motor Brazil. By the late 1980 the only 25 year after the firm entered in the automobile industry. The key point of go in front the Hondas success is continuous innovation that was found by MR SOICHIRO HONDA had a great interest in automobile as basis today the Honda company stand as the 9th largest motor cycle manufacture in the world. The market share of the Honda until now 10.2 % and its ranked a no 5 in the UNITED STATES OF AMERICA. In 2006 Honda aircraft company begins the sales of the in Honda jet advance light jet .in the 2006 the Honda aviation company awarded by popular science magazines the winner of the publications 2006 aviation and space category The Honda Philippines begins the mass production their motorcycle plant Honda established subsidiary in Ukraine. New automobile plant in the Vietnam begins operation (civic) and flexible car at Brazil launched the cold wing airbag the first man market motorcycle with an air bag system .new company to conduct solar cell business established. In 2007 Honda sales it is going to launch low price hybrid and advance diesel technological in the near future .they were also voted as number one car manufacture in the world for the third period . 1.2 CURRENT MARKET POSITION In 2007 the price of fuel was high and the less efficient (US) economy but Honda reported 1%sales increased while its competitor including Toyota has reported double loss. Honda sales grow approximately 20% in 2007 year. Honda Nissan and Toyota were still not safe to the global financial crisis of 2008 as these company declined in the profits at the Beijing auto show Honda presented the LI NIAN 5-door niche bank and announced that they were looking to developed an entry level brand exclusively for the Chinese market similar Toyota SCION brand in the USA PRINCIPAL PRODUCT AND FUNCTION OF EACH SEGMENT Segment Principal product and services Function Motorcycle business Motor cycle terrain vehicles and personal motor craft and vehicle Research and development manufacturing sales related service Automobile business Auto and relevant parts Research and development manufacturing sales related service Financial service business Financial insurance services Research and development manufacturing sales and related services Power product and other business Power products and relevant part and others Research and development manufacturing sales and related services others GEOGRAPHICAL REGION TOTAL REVENUE IN MILLIONS IN 2007 Japan  ¥68,190 North America  ¥5,980,876 Asia  ¥1283,154 Europe  ¥1236,757 Other  ¥905,163 EMPLOYEE WORLD WIDE IN HONDA In whole over the world Honda had 144.785 employee in 2006 this number has increased in 2007 and reached at 167,231 in the Honda group. In 2007 the sale of Honda grew 11.9 percent compared in 2006. In the foreign market the sales grew 7.7 percentages on automobile and 9.3 percentage on the power product. Because of the world recession motorcycle market of Honda in the North America, Europe or in the Asian market is not grew real. Honda operating data in the percentage according to the business portfolio in the 2007 Business Percentage Motorcycle 13.44 Automobile 78.46 Financial 4.01 Power product and other 4.09 1.3 STRATEGY APPLIED BY HONDA COMPANY THE GLOBAL STRATEGY As Honda is global company and Honda Company has broaden whole over the world in America, Europe or in the Asia. The strategy is to maintain the competent supply the extreme quality of the product at low price worldwide customer and satisfied them. However also improve their quality to develop more in product and launched into the global market and commitment for the future. CORPORATE STRATEGY The Honda Company is includes four business- motorcycles, automobile, power and the financial business. In 1963 the Honda becomes the leader with the characteristics like extreme fuel economy, best safety product and driving more contentment. Honda proves their self not in Japan and US but it has proved worldwide. Motor business was the first business of the Honda because of the special interest of the MR HONDA in the auto mobile. Honda has operated lucratively in 28 motorcycle plant in the 21 countries as well as RD operation in the US, INDIA, ITALY, CHINA, GERMANY and THAILAND. Then Honda becomes the more popular than ever. The first power product lunched in the 1953 and has prolonged portable generator, out board engines, power carrier. The power products are produced at 11 plants in the 9 different countries. Honda is stretched it to the robot industry with ASIMO and Honda has reached on the sky after launched Honda jet and also providing financial services worldwide to improve the sales. ASIMO BUSINESS STRATEGY Honda business strategy is to RD compete in the competitive automobile industry .Honda always focus on the quality of the product ,durability and environmental and social issues, low fuel efficiency than other automobile industry in the market in the. Honda continuously creative and innovative technical foundation, these all strategy leads Honda slowly in the US and Europe at time of oil rate flatution and the world recession but Honda keep their RD strategy that will benefits people as well as company in the future. The dealership of the Honda is also one the strength. The innovation and the efficient service supply, manufacturing and distribution system is also a source of success in the global market. ACCORDING TO HONDA ANNUAL REPORT 2007 Global auto sales by company Sale in percentage General motor 13 Ford motor 10 Volkes wagon 5 Nissan motor 15 Honda motor 5 Toyota 12 Other 40 The world automobile market is captured by Asian brands in the US market .threats to the US car maker is the growing TOYOTA ,HONDA and NISSAN that are threatening strategy to the GENERAL MOTOR the world current largest car maker. The Honda motor competitor of all time whole over the world TOYOTA MOTOR, NISSAN HYUNDAI .FORD VOLKES WAGON and GENERAL MOTOR. OPERATIONAL STRATEGY Honda operational strategy is to satisfy their customer worldwide by customer or also keeping the high level of transparency in the operational level they also follow the law and the regulation to perform better their operational strategy according to the country where they want to do business. The Honda strategy is to look future forecast. The Honda operates worldwide market with the 167234 employees and associate to produce their service to 23million customer annually worldwide. INDIVIDUAL STRATEGY The individual strategy of Honda Company is to sell with happiness, produce by happiness, and buy with the happiness. Sell with the happiness means to make good communication with their dealer and. Produce with the happiness means manufacturing and RD and produce quality product whole over the world for their customer. Buy with the happiness means associate with their customer expectation whole over the world. 2 CURRENT MARKET SITUATIONS BY MACRO ANALYSIS The macro analysis examines opportunities and threats that exist in the environment. Both opportunities and threats exist independently of the organization. The SWOT ANALYSIS differentiates between a strength and weakness from an opportunity and threat. PESTLE and Porters 5 Forces have been regarded as two effective tools they are also known as the macro factors. 2.1 PESTEL ANALYSIS OF HONDA P POLITICAL In the 1965 the US was engage with the Vietnam in war. American represents the Honda 50 modal in the south Asian market because of the bad economic condition modal 50 was not so much success is was declined in the market. In the 2005 the interest rates in the Indonesia were rise because of the government improbability it effect inflation and rising the price of the gasoline in 2006 the government strategy remain same but suddenly the economy of the India were boost on that time the demand of the motorcycle were high their and the easy business rule and the tax regulation lead Honda to India than Honda start making the profit that was one of the strength of the Honda. E ECONOMIC Honda become wider its business in whole over the world (North America, Europe, and Asia) because of the world recession Honda loss their consumer heavily the other factor also influence like rising the price of fuel declined the demand for the automobile , motorcycle, and the power product . Because of the recession and the fluctuating gas price in 2007 Honda unit sales declined 18.2% in the North America. S SOCIAL CULTURAL Honda has 167,134 employees worldwide Honda has improve the employment for the local community in the North America, Europe and in the Asia. Since the recession is entered in whole over the world Honda is innovative and introduce new product in the market less cost and the best quality than China manufacturers they also have done research and development on to produce or launch less pollution vehicles in whole over the world. T TECHNOLOGICAL Technology is vital for competitive advantage and is a most important driver of globalization. Honda has utilising the information technology to control their world wide operation. On the production process the Honda motor is innovated since they have started automobile business. Honda is innovated in the auto fit machine and mass production, distribution, reduces cost also save time. On the marketing process Honda advertise on the news paper, Magazine. With the help of the internet (IT) they have displayed their upcoming modal on the different web site or encourage people trading on line. L LEGAL The parameters set for a business by a governing body like the legal implications in terms of products and services to be sold out, in terms of rules and regulations imposed on employment by law etc .china manufacturer start making problem to Honda .the chins manufacturer start making the motorcycle in the southern Asia to defeat Honda the economic condition of the south Asia was not good because of the recession or oil price fluctuation .the people were not buying the Honda motor cycle at the same time chins manufacturer start making the motorcycle on the very less price than Honda, to overcome this situation Honda launched new modal VAVE in the market with less price and high quality. E ENVIRONMENTAL the environmental problem like global warming, hole on ozone layer because of the pollution. Honda continuously research on the less emit ion of CO2 toxic waste to develop hybrid and electronic vehicle. They have also generated and implement less pollution diesel engine. 2.2 PORTERS FIVE FORCES ANALYSIS Porters five forces analysis helps to contrast a competitive environment of the organisation its also shown in the diagram description are as following. Threat of new entrants now a days the business environment is very competitive in whole over the world .ford is continuously, aggressively committing with the Honda or producing barriers to make maximum profit for the Honda in the market. Honda has also getting the problem in the distribution system in the USA rather than FORD because of the US government law and policies. 2. Bargaining power of Buyers Buyers are the customer of Honda always take care of the expectation their customer, as Honda is global company so the Honda always keep innovating, developing, researching and launching new product for the different age group for instance Honda launched air blade scooter in the Vietnam in 2007 to attract young people but in the 2007 Suzuki has also launched modal of Hayete scooter with same function like air blade but price was less than air blade so the customer preferred to buy Hayete scooter modal of Suzuki result the share price of Honda were shrink. 3. Threat of substitute products Brands like Yamaha motorcycle company Yamaha can be the best competitor for the Honda. Yamaha is also pioneered in the business of the motorcycle manufacturing, if the Yamaha make good quality than the Honda for instance R6 modal of the Yamaha is close substitutes of the Honda modal F4 if the Yamaha innovative or improve the quality and decline the price than Honda it can be very serious problem for Honda. 4. Bargaining power of suppliers Contract, raw material suppliers, the volume of the raw material providers would determine their supply capacity, supplier are very powerful. Honda always influence on to produce less price vehicle than other motor company like general motor, ford motor to compete in the market .supplier are very power full they can refuse to do work with the or they can switch their supply or start doing work with GM motor or the ford motor, in case Honda loss their key supplier it might be affect cost it could go up. 5. Competitive rivalry Its the business competition in between other company in the market in the automobile industry Honda has three bigger rival Honda have to compete with them like general motor, ford motor, and Toyota motor. these three rival of Honda always keep innovation research and development on their modal time to time to compete in the market for instance Honda introduce ACCORD modal in1976,after that the Toyota introduce the modal CAMRY in the market. At the same time general motor introduce MALIBU and ford introduced FUSION. Toyota. General motor and ford motor can replace Honda from the market .Honda have to improve their quality and should be more innovate to compete. 2.3 SWOT ANALYSIS HONDA STRENGTHS Highly aware brand name and the company stand on the 9 position on global scale with the 167000 employee and the associate. Honda has made outstanding relations with their suppliers, stake holder or with customer worldwide developing the manufacturing technology. Differentiation from other company like Toyota, GM motor ford economically. Environmental conscious they have launched hybrid cars or less emit ion diesel engines.. Since they have been start automobile business Honda motor is Innovative, and doing research and development to satisfy the need of the customer. WEAKNESS The Honda is global company Image of the company is more of a cool kind and not professional some time they stress a lot on to produce a low price automobile Its not global, focuses mainly on the UNITED STATES or the Europe. Has only one main hub and limited destination to do to business OPPURTUNITIES Since they started the business in the automobile industry they highly Target the major continents (SOUTH ASIA, AMERICA, and EUROPE) Honda has opening more hubs in key geographical areas as business units in the Vietnam china and India. Sales promotions and marketing on the global scale through different websites and different business magazines. THREATS Changing the government policies taxation policies in different countries fuel rate fluctuation world economic recession. Threat from the big brand in the global market like (GENERAL MOTOR, FORD, TOYOTA. These all creates competitive environment in global market for Honda motor. The Global economic recession, fuel price fluctuation worldwide and natural disasters like tornado hurricane. 2.4 KEY DRIVERS High quality, low price more safety feature like airbag etc. Honda motor organizational environment is very professional, they innovative the supply chain and the distribution system and the manufacturing system is the core competency. Personal research on the customer need in the global market. They have separate department to handle the customer complaint and the customer issue. 2.5 CORE COMPETENCY The core competency of the Honda motor is to launch their product in the global market with low price than other automobile company in the global market. 2.6 ORGANISATIONS STRUCTURE Reference http//world,honda.com/profile /organisation/ The Honda have supervise their operation from the Japan in whole over the world like in the china, Asia oceanic, Europe Latin America north regional sales operates from the Japan As Honda is a global organisation, the stake holder is customer their employee, business individual company, trading union. The position of their stake holder is very strong worldwide. Board of the director primary duty is to select qualified employee and associated or the CEO to run their operation very smoothly worldwide. The working environment of the Honda corporation is very friendly, good communication with employee and board of the director. Honda has continuously coordinated with internal and external manpower in board of director and auditors to perform well in the market. The Honda Corporation operate their four basic operations in the automobile motorcycle and power product and service part. 2.7 SYNOPSIS OF THE HONDA/SUMMARY The following report looks after the macro analysis of an organisation, and considering all these factors gives us the understanding of SWOT analysis of the organisation pestel analysis porter five forces and key driver and core competency. Based on this marketing analysis, Mr sosichiro Honda the founder of the Honda motor because of his great interest in the automobile. He has made a big global organisation to serve their product in whole over the world including American continent Europe and Asia. Honda gives respect individually, every employee give them chance to grow up them self and initiate. Initiate means the company encourage people to be creative. Honda motor is also described as the all the three HAPPINESS. BUY WITH THE HAPPINESS, PRODUCE WITH HAPPINESS, SELL WITH THE HAPPINESS. Honda maintain his position in the global scale they have done innovation since they have started Honda motor in 1948 and the consistency in the in the operations, manufacturing and supply worldwide. in the term of the advertise to spread awareness about their product time to time on different web sites and news paper, different business magazines Key factor to survive or compete in the global market fulfil the demand of their customer and make happy their stake holders. Honda proudly focus on innovation 3 STRATEGIC DIRECTIONS FOR FUTURE The choices of the company is launched more innovated product in the global market less pollution. Since they have launched less emit ion diesel engine for the air craft and hybrid car for the safe environment. Now the Honda strategy is to explore the business in the market or India and china and north America (brazil) because these two countries economy is grooving very fast so buying power the consumer is very high .now they have already launched so many automobile in the Indian market like less price Honda unicorn 150 cc engine, Honda dio, Honda eterno scooter and to be more innovated to produce more economical vehicle less pollution better feature and more safety for their consumer. Or they also advertising of their new product launching on the different web site or in the different magazine their strategy is to make people fully aware about their new products in the global market. Honda also gives the environmental training for employee and associate or develop more technology t o become a global market leader. 3.1 LIMIT RANGE OF CHOICES FOR FUTURE 3.1.1 Based on the competitive strategy Honda is global organisation its spread around the world it stand on the 9th place in automobile industry there are some outstanding company in the world of automobile also spread around the world like Toyota .general motor, ford, mercerizes, these all motor has made the very competitive environment for business in front of the Honda motor. According to the analysis of the section one and two the position of the Honda motor in the global market is better than the other company in the market in 2007 the Honda motor is reported 1 percent of growth in the time of world recession or fuel rate fluctuation in whole over the world all company like General motor, ford or other automobile company record very heavy losses on their sale on the global scale but Honda motor is innovated since they start automobile business. 3.2 RECOMMENDATIONS FOR HONDA After look at all the analysis of the organisation Honda should have to do the smart work to become the global leader. Honda is global company. The board of director and the associate have to select right person for the right job like the hire good and educated people to perform the in the organisation and the director of the Honda motor should have to perform their duty to control the quality and to develop more technology to perform in the manufacturing process or in the distributing process The risk management system prevent and addressed the different kind of the risk in the company like fuel rate fluctuation, world economic recession Natural disaster and the risk manage department, should have full knowledge how to make our organisation more profitable in the global market or how to overcome by this kind of risk. The Honda motor has the potential to become truly global leader if they spread their units of two wheeler countries like Australia and some African country. The information on the execution of the business by director .the time to time auditing should be done by senior management to have control on the manufacturing process or in the distribution process. The Honda motor is doing good business in whole over the world they get the good profit margin at the time world economic recession however the other company like Toyota, GM motor and ford motor got heavy loss in the sale. Honda motor have to be more innovative developed their technology in the manufacturing and to be continuing with the research and development. 3.3 THE SUPPORT OF THE RECOMMENDATION As Honda is global automobile organisation on this level the customer expectation are will reach on the top the Honda have to jam-packed the demand of the customer in the global market. Honda has the potential to become the global leader in the automobile industry. In the some parts the Honda motor was not did well at the time of world economic recession because of the less potentiality of the employees to in the so many areas like information execution and analyse the risk in the market thats why i recommend to Honda motor should select write employee and the associate for write job to become global leader in this competitive environment. And the Honda did not have the potential to analysis risk like economic recession, fuel rate fluctuation how to overcome and make profit in the global market. After the whole analysis of the report of the Honda motors (executive the top management) information execution was not performing well and the distribution system. i find the Honda should ha ve take care of all these fact to become a innovative and the true automobile manufacturer in the global competitive market.