CONTRACT LAW Essay Example | Topics and Well Written Essays - 2000 words

CONTRACT LAW - Essay Example Consideration moves from the promisee, not the third party and thus the third party cannot sue upon the contract (Tweddle v Atkinson [1861]2. As imagined, this was done in the interest of certainty in law but it did have the potential of leading to unfairness for a party to whom the benefit was provided, such as that witnessed in Dunlop and Shanklin Pier v Detel Products3. This is where the Law Commission came in with its reforms in 1996. The resulting Contract (Rights of Third Parties) Act 1999 brought into force that report of the Law Commission (1996) which allows third parties to enforce the contract and be able to sue for breaches subject to a few conditions. Needless to say, this brought forth a welcome wave of statutory protection for third parties which previously were entitled to benefits under that contract but still could not enforce it due to lack of consideration. Section 1 of the Contract (Rights of Third Parties) Act 1999 provides that a third party may be able to enfo rce the terms of the contract if â€Å"the contract expressly provides that he may† (s.1(1)(a)) and â€Å"the term purports to confer a benefit on him† (s. 1(1)(b)) (except where on proper construction   of the contract it appears that the parties did not intend the term to be enforceable by the third party (s.1(2)). Thus if A agrees to pay C $100 on the performance of an obligation by B, C can enforce that payment if A fails to pay in breach. This was not the case earlier, as seen in Beswick v Beswick4 where the nephew made a contract with his uncle which involved payment of weekly maintenance to the aunt. The House of Lords held that Mrs. Beswick could not enforce the contract since she was not privy to it. In light of the Contract (Rights of Third Parties) Act 1999 today, it is clear that the case would have been decided differently. The third party may also rely on exclusion clauses in order to protect its interest. However, simply conferring a benefit to the thi rd party may not be enough to grant him a right to sue. Where there is doubt as to whether the parties designed the agreement to avoid conferring a right to sue on the third party, s.1(2) applies and the courts will, on a proper construction of the contract, seek to determine the actual intention of the parties. This presents certain problems if the contract does not expressly state the intention of the parties. In Nisshin Shipping Co Ltd v Cleaves & Co Ltd [2003]5, the burden of proof to counter a right granted to a third party to sue under s.1(2) was placed on the party that alleges that such a right has been wrongfully applied (as per Colman J). Thus, in a neutral contract, where there is no language barring the third party to sue, it would usually follow that the statute often grants a right to sue to the third party. This safeguards the third party a little too broadly, and it has been applied differently where the chain of sub-contracts is long. In cases where the contract con sist of sub-contracts that purport to confer a benefit to a third party, it is more likely for courts to construe that parties privy to a sub-contract lower down the chain did not intend to enable the third party benefitting under that contract to sue up the hierarchy the original contractor (see Junior Book v. Veitchi & Co Ltd [1983]6. Of course, it must be noted that the Act does not allow the right to a third party in all cases and the parties may explicitly bar him to sue on it. In addition, there must be some identification

Threat and Risk Assessments Essay Example | Topics and Well Written Essays - 1250 words

Threat and Risk Assessments - Essay Example reat essence to establish a universal body that puts into consideration the diversity in agencies, jurisdiction and countries, however, how difficult it is. Strategies such as a universal framework that is flexible in taking care of threats and risk assessment need to be implemented. They have different requirements and can be enhanced through charts and diagrams that are simple to analyze and comprehend. They also use common terminologies that are well defined. This paper, therefore, provides an analysis of logical assessment of intelligence problems through structured analysis and sequentially discusses the significance of using that method basing evidence from well-researched materials and sources. One of the key challenges law enforcement agencies are facing within crime intelligence is the confusion in definition of two terminologies, which include threat assessment and risk assessment (Calder & Watkins, 2007). Shading more light on this will help these agencies understand what threats and risk assessment entails. To beginners, threat assessment involves a cross extermination of the nature and intensity of a particular threat that can cause harm. This extermination further entails identification of the probability of the threat to occur and the extent of harm it is likely to cause in any case it occurs. On the other hand, risk assessment involves taking into consideration that the threat will occur and that the magnitude of the harm it is likely to impose is so large (Calder & Watkins, 2007). Lest one understands the difference between the two, more mistakes and confusion of intelligence assessments of one applying for the other are still expected. The main reason for conducting a threat and risk assessment is to provide decision makers with a tangible reason for the occurrence of undesirable, present and potential events and evidences that the identified event is likely to occur. Additionally, it suggests some of the dangers that may result suppose the

History of Japan (The II World War and Postwar Period) Essay

History of Japan (The II World War and Postwar Period) - Essay Example The World War II ended in May 1945 in the European land and August 1945 in the Pacific. The war between the United States and Japan was an outcome of several years of Cold War due to the strong economic, political and cultural differences. The War erupted in December only when the Japanese military leaders and the civilian supporters decided to put an end to the Cold Wa. One of the main reasons for the Japanese outburst was their motivation to achieve their goals for autonomy and hence accomplish industrial, economic and political success as a nation and country. The clash between the United States and Japanese governments was driven by strong confrontations of racial and political dissimilarities which led to severe manifestations and penalties. The Americans forced Japan to adopt a racial and ethnic identity which they never wanted. Americans wanted to develop Japan commercially in the nineteenth century with a racial dominance of â€Å"whiteness†. The Japanese were convinced that the West’s military and technologies wanted the feudal nation of Japan to become entirely westernized. On the other hand, the influx of the Japanese immigrants to the West was a source of fear for the Americans that this was a slow and gradual invasion of the Asians into the American land. One of the important factors which led to the Japanese attack of the Pearl Harbor was the dysfunctional democratization in Japan that was going on for several years. The civilian leaders supported the Western-style democratic institutions which diminished the roles of the military and emperors. Bureaucratic politics and status discrepancies among the country also led to the Japanese outburst. Japanese invasions into China and Russia increased Japan ’s strength and the victories brought Japan forward as a strong opponent against the United States (Cashman & Robinson 2007). Japan’s mainland in Asia was increasing and the United States and Japanese elited started seeing each other as stong military and economic rivals. The Japanese troops started occupying the French clony in Indochina and as a response the United States cut off the oil export to Japan in 1940. Japan attack the Pearl Harbor in December 1941 along with two other islands Wake and Guam. In April 1941, US bombers started a bombing raid against Japan starting in Tokoyo. The United States also forced the Japanese-Americans to relocate in various isolated areas. This was followed by different attempts of invasions and fight made by both sides, some successful and other interepted. It was in August 1945 that the first atomic bomb was prepared and dropped in Hiroshima and Nagasaki. This was the final straw causing the death of 100,000 people and followed by the surrender of the Japanese government. Japan signed a surrender document on Spetember 2nd 1945 (National Geographic, 2001). The atomic bombing of Hiroshima and Nagasaki was not just an end to the Pacific war but also ended the Tokyo’s dreams of racial reversal (Horne, 2004). Japan has a strong national identity as the first and historically only country which had been a victim of atomic bombing and its dreadful consequences. Japanese had a strong emotionalism which is associated to the atomic bombing victimization and the historic racial prejudice by the Americans. In the early post-war years, the Japanese, although harbouring strong hostility towards the Americans, were not able to bring their voices in front of the world because of many reasons. They were faced with circumstances of unemployment, hunger and no homes, and expressing hostility was the least thing on their mind. There was a sense of fear and many refrained from expressing any views against the

2- 527 abdul Assignment Example | Topics and Well Written Essays - 750 words

2- 527 abdul - Assignment Example For instance, the ISO 9660 standard defines a file system used by CD-ROM media. ISO relies on eight guiding principles for the development of quality products and services, and they are important in improving professionals and other management staff (GCC Standardization Organization, 2014). First, ISO focuses on customers’ wants and customer service. Ideally, every business should relate to customers’ needs and aim at satisfying their needs, or exceeding customers’ expectations (GCC Standardization Organization, 2014). The benefits of this principle included increased profits, customer loyalty, and greater efficiency related to customer satisfaction. The second principle is collaboration of people. This principle states that a company is incomplete without staff and their talents and skills should contribute to the success of the company (GCC Standardization Organization, 2014). The principle promotes creativity and innovation in an organization, employees feel motivated when they use their skills thus, they maximize their abilities, and each employee is accountable for his or her actions. Process approach is the third principle. The principle defines the processes used in order to promote speed and efficacy of activities (GCC Standardization Organ ization, 2014). It is important since it reduces expenses, improves effectiveness of resources, and boosts the productivity of an organization (ISO, 2014). Another principle is leadership. An organization should have defined goals and employees should aim at achieving them. The primary benefit of this principle is employee involvement. Other principles include system approach to management, continuous improvement, logical-based approach, and beneficial supplier relations. ISO standards states that all these principles, aim at cost reduction, efficiency and increased productivity in an organization (GCC Standardization Organization, 2014). The ISO development process involves various

Terrorism Essay Example | Topics and Well Written Essays - 250 words - 12

Terrorism - Essay Example Fifth, the group may also be in pursuit of boosting itself. For ensuing struggle, the group may stage attacks to motivate itself. Sixth, they may be attempting to counter a government’s military power. This exposes the weaknesses of the government. Lastly, they may be attempting to take advantage of a unique historical opportunity. Such opportunities determine the existence of the group in future. According to O’Ballance, there are six characteristics of a successful terrorist. Firstly, they are dedicated to a belief of cause and follow the uncompromising demands of terrorism unconditionally. Secondly, they are always willing to sacrifice themselves since terrorism is dangerous and the individual can be killed at any instance (O’Ballance, 1979). Thirdly, they have an ability to repress emotions because they are usually required to commit heinous crimes such as killing innocent people. Fourthly, they have high intelligence because planning of attacks requires intelligence and cannot be conducted by anyone. Fifthly, education is critical because their missions demand unsuspicious travelling to foreign countries. Lastly, they have access to required resources that include money to use in travelling. Groupthink is a form of collective thinking that provides the terrorists with an opportunity to acquire the mindset of the organization. The main symptoms involved include invulnerability feeling, certainty of organization’s morality, intolerance with regard to internal dissent, and viewing the enemy as simply evil (Holmes & McConville,

Marketing strategy Essay Example | Topics and Well Written Essays - 500 words

Marketing strategy - Essay Example f the intangibility of its products and the fact that financial risk is significantly reduced with the expanding market and the increasing database of customers. The intangibility of the insurance products and the volumes of premiums have significant impact on the performance outcome of insurance companies. They are major issues that require innovative ideas and creative inputs to promote strategies that would be able to attract and retain customers. Indeed, the scholars assert that the financial services are characterized by intangibility; heterogeneity; inseparability; perishability; and high labor intensity (Zeithaml and Bitner 2000). The marketing of insurance products therefore becomes dependent on the way the new idea is projected to the people and information is disseminated amongst the prospects. Insurance products are mainly sold through agents. They also heavily rely on the external factors like trust in the protection provided and the goodwill of the agents through which the insurance products are sold. The intangibility of the products makes it difficult to judge its quality until it can be experienced and therefore, the marketing strategies need to rely on factors like credibility of the company, price, promotion, segmentation etc. The perishability of service makes it difficult to make forecast. Indeed, the fact that the quality and delivery of the services are closely linked to the human aspects makes it much harder for the insurance firms to convince their targets. Hence the creativity of ideas and dissemination tools become major facilitators of effective market strategy. The leading insurance companies Lloyds, Norwich Union etc. increasingly deploy new strategies like competitive premium, innovative products and differentiation in the product so new customers can b e attracted. While a sales process primarily involves five major steps to commence sales, it is imperative they must be accompanied by clear understanding of behavioural pattern of

Problem Formulation and Identification Process Essay Example for Free

Problem Formulation and Identification Process Essay It doesnt matter which side of the fence you get off on sometimes. What matters most is getting off. You cannot make progress without making decisions (Jim Rohn). In the corporate world, leaders are faced with decisions that can make or break the organizations they represent. Several methods, consensus, brainstorming, systematic, and democratic are used in the decision making process. This paper will investigate the decision-making processes most prevalent in each team members organization, compare and contrast them, and will show the most favorable aspect of each style. Consensus The name of my company is Envicor. Envicor is a plastics molding company that manufactures anything that can be made of plastic. This author was recently hired as the national sales manager to oversee Envicors newest product line, sporting goods equipment. This authors job is to promote the sale of portable pitching mounds to a broad range of customers. When it comes to decision making, Envicor uses the consensus method. Consensus is a process using group decision making. The input and ideas of all participants are gathered and synthesized to arrive at a final decision acceptable to all. Through consensus, the company is not only working to achieve better solutions, but also to promote the growth of community and trust. Consensus takes more time, as many resources are investigated before a decision is made. Team members become committed to the decision through consensus. The consensus method gives everyone experience with new processes of interaction and conflict resolution. For consensus to be a positive experience, the group should have 1) common values, 2) some skill in group process and conflict resolution, or a commitment to let these be facilitated,3) commitment and responsibility to the group by its members, and 4) sufficient time for everyone to participate in the process (C.D.T. 2009). The goal of Envicor is to expand our product line to as many customers as possible. After making contact with a catalog company, a meeting is called  in order to discuss the pros and cons of including our product in the catalog. In the meetings, each person gets a chance to give his or her opinion. Once everyone has spoken, a decision is made. By using the consensus method, the group is able to come together and make a decision based on each persons opinion. Advantages and disadvantages exist when using the consensus method of decision making.. Some examples are:Strengths:†¢Encourages cooperation instead of competition†¢Garners trust and confidence; everyone is involved in the final decision†¢Everyone agrees to the final decision no matter whether a majority, minority, or lone voiceWeaknesses†¢Lack of experience may lead to inefficient use of the method†¢Lack of control in meetings, conversation goes off topic†¢No ownership when decision is not correct or no consensus made (Notes on Consensus-Decision Making). Consensus seems to work well for smaller companies because it allows them to actually talk out their decisions and come together. Bigger companies might struggle with this type of decision making process because there might be too many employees and it could waste a lot of time. Brainstorming In the brainstorming model, all employees use free thinking to create ideas that will later be used as part of the projects process. Brainstorming is useful because it allows all employees, some with extensive experience, to give their input. All members contributions allow them to own their role within the group and therefore, believe they have been a larger part of greater good. Like other decision making processes, brainstorming has advantages and disadvantages. One advantage is that all decisions are reached by consensus of the entire group. The larger the group is in a brainstorming session, the better the results will be. Everyone works from his or her strengths, weaknesses, experience, and education to find the best results for the project. Next, by making the decision a group project, everyone has a chance to  participate in the decision making process. They are able to voice their objections and give alternative suggestions. This open forum allows ideas to flow freely, and sound decisions are made quickly. A disadvantage of brainstorming is similar to one of its advantages. With more than two or three employees making a decision, the result can become a point of contention and a fight for power within the group. The more people involved in the process, the greater the propensity for debate, creating the possibility of a stalemate. Another disadvantage of brainstorming is something called group think. This occurs when one member of a group makes a statement, and the others follow along. Nothing is accomplished because only one person is making the decision with no alternate suggestions. An open dialogue does not exist; therefore, solutions to problems are not properly explored. SystematicThe systematic approach to decision-making is rational and analytical. (Concise Handbook of Management) This approach employs existing data, and the goal of the decision is the focus of the steps taken to put the decision together. This authors organization uses the systematic approach for making most decisions. A strength of using the systematic approach is that information used to reach the final decision is based on factual data. The goal has been clearly identified; the objective(s) have been defined; the impact of not addressing the issue has been established. A weakness of systematic decision making, an example of which will be described in the following paragraphs, is that the decision can become stalled in the process. Additionally, regardless of how much research is done, if all principal stakeholders are not engaged in the process, a negative outcome is possible. Several years ago this authors company developed a product that was designed to align with current imaging procedures. The equipment is a dual-head injector for use in CT scan. The purpose of the dual-head is to provide Radiologists with the capability of using not only contrast media for the CT exams, but also saline. Benefits of having the saline option developed as  the clinical team became more familiar with the system, but initially the service team was concerned about damage occurring to the injector head if a saline syringe was not used. At that time, without consulting other stakeholders, the service and engineering teams went to work on a solution that would prevent this issue.Several years later, as the clinical team was successfully promoting saline usage, the engineering department began shipping a cap for the saline side of the injector. Yes, the issue had been clearly identified, the objective for the project was defined, and the impact of not addressing the issue had been determined. However, because all stakeholders in the decision were not involved, and because the process took so long, the decision and resulting action became a very expensive mistake. Democratic In this participative form of the decision making process the superior(s) gives complete ownership of the decision to the subordinates (Sager 1999). The democratic decision making process allows for the employees (stakeholders) to have ownership of the decisions that are made. The majority vote wins, which can lead to fast and effective decisions concerning the stakeholders. In this decision making process the adage regarding having strength in numbers reigns true. A drawback to the democratic process can be that no one person takes responsibility for the decision if something goes wrong. It may be hard to pinpoint how the decision came to such a conclusion if it does not work out for the benefit for the stakeholders. In using the example of the Health Insurance Accountability and Portability Act (HIPPA) of 1996, a vote for change by a group of individuals affected by the way health records were handled was applauded, then when implemented, the act became more a hindrance than a solution to a problem. In the vast health systems used there was a need to implement a privacy feature to protect patients information, so the HIPPA regulations were signed into law in 1996. HIPPA was implemented by a democratic decision making process and became popular with health organizations such as Medicare and well known health insurance companies. Later HIPPAs biggest fans became its biggest objectors because the law made it impossible for anyone to get  health information on the patient, including the parent(s) or guardians of minor children and the elderly, unless there was a form signed by the patient, the legal guardian, or POA. HIPPA soon became more frustrating than helpful, and the majority who voted for its implementation became the majority opposing it. So in implementing the democratic decision making process for the good of the people to whom the power is given, it must be made known that with great power comes great responsibility (Uncle Ben, Spider Man Pt1). Contrast and ComparisonProblems and issues are generally inevitable when people are working together. Each individual decision making process can allow for better management of those situations for building a better organization. This does not mean there will be an absence of issues, but whether or not the team resolves the problem effectively. Each decision making process described above demonstrates to the reader the importance of adhering to a process that will work for each organization. The consensus method shows how the power of agreement can lead to a good decision. However, this method can be time consuming and teamwork plays a major role. Brainstorming will allow for creativity and open ideas, but can also cause conflicts and debates among the group members due to so many independent ideas being presented. In the systematic approach to decision making organization is critical. This process bases decisions on factual information. The systematic process can be costly if all members are not involved in the final decision. Democratic decisions are made based on majority input. The stakeholders are in total control of the decision making process. Speedy and effective decisions can be made; however, problems can occur because not everyone who can vote will vote. Then if a decision has a negative impact on the group it can be hard to identify the owner of the problem. The authors of this paper have investigated four types of decision making, consensus, brainstorming, systematic, and democratic. Advantages and disadvantages of each type have been presented, and finally, all were compared and contrasted with each other. References Consensus Decision Making. Aids Coalition to Unleash Power. Retrieved May 19, 2009. http://www.actupny.org/documents/CDdocuments/Consensus.htmlNotes on Consensus-Decision Making. Retrieved May 19, 2009. www.vernalproject.org/papers/process/ConsensNotes.pdfScott, Jonathan T. 2009, Concise Handbook of Management: A Practitioners ApproachChapter 17: Managerial Decision Making and Problem Solving, p131- 138retrieved 5/19/09 from http://web.ebscohost.com.ezproxy.apollolibrary.com/ehost/pdf?vid=9hid=106sid=f7f74d3b-190b-4f87-ae2e-438809c65b35%40sessionmgr109McConnell, C. R. (2006). Umikers Management Skills for the New Health Care Supervisor. Ch 25 pp.337-345. Sager, K.L., Gastil, J.,(1999). Reaching consensus on consensus Communication Quarterly. 47(1), 67-79.