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Monday, May 18, 2020

Anita Roddick - 809 Words

2. How do you evaluate Anita Roddick’s management philosophy and style? How important a contribution did she make to the creation of The Body Shop? How important is her role in its ongoing management? Anita Roddick’s Management Philosophy amp; Style 1. PHILOSOPHY The 4 basic management functions of Planning, Organizing, Leading amp; Controlling can be analyzed in detail for drawing a picture of Anita Roddick’s Management Philosophy for The Body Shop. 1. Planning * First major obstacle since she didn’t know anything about the cosmetics industry or running a business * Sourcing products from around the world 2. Organizing * Knowledge of finances was unknown and her husband Gordon Roddick helped her with this†¦show more content†¦Eccentricity/Being different (Body Shop was positioned as a simple trading place rather than a sophisticated store) c. Bold/Radical (Supporting highly politically sensitive issues like environment conservation, animal testing, Third World economy job creation etc) d. Cared about people (Day care centers for employees) e. Risk Taking (Entered the communications-intensive US market with the same no-advertising strategy. However, her environment friendly business positioning was easily replicated by competitors like Estee Lauder and Revlon) f. High personal values (However, she herself says that this might have been a problem ‘...........I have never been able to Body Shop values from my own personal values’) g. Customer Focus (She says ‘†¦..The trouble with marketing is that consumers are hyped out†¦Ã¢â‚¬â„¢) All of these points to an inspirational/motivational and transformational leadership/management style with a focus on being different and innovative and at the same time holding humane values as the highest goal of business. Through the Body Shop she has used the ‘Environmental Product Differentiation’ Strategy to market the brand/product. Contribution to creation of Body Shop In 1976 an inexperienced Anita Roddick got tired of unsubstantiated management and The Body Shop claims of the cosmetics industry that their products couldn t deliver. She decidedShow MoreRelatedBroken Promises - `Aid Not Trade, a Play on the Body Shop `Trade Not Aid Slogan. Body Shop Gets the Aid in the Form of Native Images, Says Dr. Terence Turner. In Return, Natives Get Almost No Trade.2669 Words   |  11 Pages is a specialist on image rights. Pykati-re is an elder of Pukanu village, which along with Aukre village in remote northern Brazil, processes the oil. His image was featured in an American Express advertisement alongside Body Shop founder Anita Roddick. It was also used in publicity to raise funds in Europe to help the Kayapo. Village elders complain that much of that money never made it to the communities. Problems with the Kayapo have been simmering for years. In 1993, Body Shop was showeredRead MoreManagement and the Body Shop1476 Words   |  6 Pagesthe functions of management where the basics of planning, organizing, leading, and controlling apply to The Body Shop. In 1976 an inexperienced Anita Roddick got tired of unsubstantiated Management and The Body Shop claims of the cosmetics industry that their products couldnt deliver. She decided to make a decision that would change her life forever. Anita became a manager of her own small business in Brighton England. Selling the natural secrets found throughout the world; learned from extensiveRead MoreThe Body Shop, Corporate Social Responsibility Essay6824 Words   |  28 Pagesdistinct from it, although the main themes and issues will be drawn together to expose areas of concern and signpost future courses of action. Introduction The Body Shop International PLC is a global cosmetics company launched in 1976 by Anita Roddick and her husband Gordon, which was predicated on ethical principles and the values of environmental sustainability. Generally known as The Body Shop, the company has 2400 stores in 61 countries, two thirds of which are franchised, selling a rangeRead More Management And The Body Shop Essay1455 Words   |  6 Pagesthe functions of management where the basics of planning, organizing, leading, and controlling apply to The Body Shop. In 1976 an inexperienced Anita Roddick got tired of unsubstantiated Management and The Body Shop claims of the cosmetics industry that their products couldnt deliver. She decided to make a decision that would change her life forever. Anita became a manager of her own small business in Brighton England. Selling the natural secrets found throughout the world; learned from extensiveRead MoreThe Body Shop And The Beauty And Cosmetics Industry2407 Words   |  10 Pagesthevision to sustain in global arena with strong ethical values. Dame Anita Roddick, established a unique example of entrepreneurship in 1976 when she initiated the operations of The Body Shop in Brighton, England. When Anita began her journey, little did she imagine The Body Shop would grow into Global Business with thousands of stores spread across the world.(The Body Shop International Plc., 2014). Moreover, Anita Roddick nurtured The Body Shop with the intension to run campaigns against humanRead MoreThe Body Shop International627 Words   |  3 PagesStudent 5010 South Robertson St. New Orleans, Louisiana 70115 (908)-752-2924 January 20, 2015 Anita Roddick, Founder: The Body shop International PLC 2001 Re: Case C: Chapter 8: The Body Shop International: An Introduction to Financial Modeling, Years 1 – 3 Observed Value of The Body Shop International as of February 28, 2004 = 2,000,000 GBP Dear Mrs. Roddick: As you requested, I have forecasted pro-forma statements and ratio analysis factors of The Body Shop InternationalRead MoreThe Body Shop ( Tbs )1478 Words   |  6 Pagesresponsibility, TBS offers wide range of naturally-scented, high quality of cosmetics and skincare. The business of business should not just be about money, it should be about responsibility. It should be about public good, not private greed. (Roddick, 2009). TBS attracts customers that are not just demanding for high quality and the value of the product, but also able to identify the importance of environmental responsibility. As TBS flag environmental values and subsequent targeting, customerRead MoreA Call For Action By Anita Roddick1648 Words   |  7 PagesA Call for Action Anita Roddick, founder of the Body Shop relates, The business of business should not be about money. It should be about responsibility. It should be about public good, not private greed† (Selko, 2015). Very often when one thinks of the image and mantra of today’s corporate culture in American, one may visualize the character, Gordon Gekko, a fictional character in the 1987 film Wall Street who espoused the belief that, â€Å"Greed was good† and â€Å"The new law of evolution in corporateRead MoreThe Body Shop3891 Words   |  16 Pagesproducts under various categories, which include skin care, bath and body, hair care, products for men, make up and home fragrance products. The Body Shop’s headquartered are located in Littlehampton, England, and was founded by the late Dame Anita Roddick. The Body Shop is now part of the LOrà ©al corporate group since March 2006. The Body Shop is well known for its social and environmental values and campaigns. An example is the community trade reflecting its avowed practice of trading with communitiesRead Morecase study 3 Essay examples839 Words   |  4 Pagescommunity (ies), the environment, shareholders, vendors, franchisees. Assess how Anita did in serving each of these constituents after going public. Be specific. Its constituents after going public altered from the time The Body Shop just started. After going public, its employees are not hired directly by founder herself but her franchises owner. By appointing a head franchisee in each major national market, Roddick was able to concentrate on the development of new product lines and the company’s

Sunday, May 17, 2020

Reflection Paper On Ethics Reflection - 1730 Words

Ethics Reflection and Application Paper Laws, rules, and guidelines, whether implicit or explicit, have always existed to govern human behavior in both civilized and uncivilized societies. They may range from either Draconian or to Utopian in style and delivery, but they do exist. Some people view laws, rules, and guidelines as an infringement upon their rights as an individual to operate and function as they see fit while others view them as a necessary evil to maintain order and peace. One thing is for certain, if people always acted accordingly with judicial discrimination and impartial discernment then laws, rules, and guidelines on how best to behave would be pointless. Yet we know that this is not the case as history has plainly†¦show more content†¦It comes down to each individual, how they view the world, and what expectations they have of others as well as themselves. And even then, a person with good intentions and a good heart may break certain ethical codes inadvertently or unintentionally, but th ey will be broken nonetheless. So if my assumptions about people are correct, that even people with the best of intentions may fail to comply with ethical codes that seek to govern their behavior and actions why have such codes in the first place? People are going to make mistakes: This is just a fact of life. But how do we know if a person makes a mistake or if what they did was wrong? How is a person’s behavior measured and if deemed inappropriate or maladaptive by what means can consequences be decided and successively administered? The way a person’s behavior can be discerned as either right or wrong is by creating and subsequently implementing a standard of â€Å"norms and expectations for practitioners† which in the case of the helping professional will consequently â€Å"collectively minimize the risk of harm to clients and the general public† (Francis Dugger, 2014, p. 131). The Texas Administrative Code, (referred to hereafter as the Code or Codes) Title 22 (Examining Boards) Part 30, Chapter 681, relating to the licensing and regulation of professional counselors (LPC) and Part 35, Chapter 35, relating to the licensing and regulation of marriage and familyShow MoreRelatedEthics Reflection Paper785 Words   |  4 PagesRunning head: ETHICS REFLECTION Ethics Reflection STR/581 Ethics Reflection In the last decade ethics has taken an important place in corporate America after some unethical and fraudulent business practices getting uncovered. Few companies’ such as Tyco, Enron, Arthur Anderson, and WorldCom have made their name synonymous with corporate fraud. Unethical behavior of top executives like Bernard Madoff and Martha Stewart can sink the whole company. This paper will explainRead MoreEthics Reflection Paper818 Words   |  4 PagesRunning head: ETHICS REFLECTION PAPER Ethics Reflection Paper STR/581 September 30, 2012 Ethics Reflection Paper Social responsibility and ethics are essential elements in establishing a strategic plan while contemplating the needs of stakeholders. Social responsibility and ethics should be conceived as fundamental strategic concerns within organizations. Social responsibility and ethics have the potentiality to help an organization succeedRead MoreEthics Reflection Paper1094 Words   |  5 PagesEthics Reflection Paper STR/581 July 26, 2010 University of Phoenix Ethics Reflection Paper Before WorldCom and Enron, many organizations unconditionally placed social and ethical responsibility with administrative legal and compliance obligations, regulations and rules. Today, a company’s ethical behavior is vital to the success of the company. Consumers not only expect but demand that a company is visible in their practices and are held accountable for their actions; be itRead MoreEthics Reflection Paper1082 Words   |  5 PagesEthics Reflection Paper Lourdes Munoz STR/581 Strategic Planning Implementation September 2nd, 2010 Gary Solomon Abstract Ethics and Social responsibility resides in an important set of our own personal values. When it comes to Business matter and operation the customer must feel confidence and this has been taken for granted several times on recent corporate scandals and collapses, a perfect example of missed conducted ethic and responsibility is Enron. Is extremely important for companiesRead MoreEthics Reflection Paper1087 Words   |  5 PagesEthics Reflection Paper Ethics and social responsibility are key factors when planning one’s personal life or planning for the success of a business. When companies develop strategic plans, they must consider what role ethics will play and how social responsibility will affect the plan keeping stakeholders need at the forefront. If businesses and individuals are making a conscious effort to display ethical behavior, ethical perspectives and beliefs should evolve over time much like what has happenedRead MoreEthics Reflection Paper767 Words   |  4 PagesEthics Reflection STR/581 Ethics Reflection Ethics have played a role in how companies have done business and conducted themselves but not as much as when Enron, WorldCom, Arthur Anderson were in the spot light for fraud. The companies hid valuable information from internal and external stakeholder and stockholders alike. The employees lost their retirement or at least some of their retirement to these unethical actions of top executives. The researcher will explain the role that ethics andRead MoreReflection And Philosophy Paper On Ethics1284 Words   |  6 PagesReflection and Philosophy Paper Michael Odom Institution Affiliation â€Æ' Reflection and Philosophy Paper In my personal and professional life, I have found that I subscribe to Deontology for an ethical theory. However, I did not come to hold this belief through detailed introspection in a moral philosophy classroom. Rather, it was part of the values that were inculcated in me by my father throughout my childhood. In particular, he always insisted on the importance of thinking about my actions inRead MoreEthics and Communication Reflection Paper1274 Words   |  6 Pagespatient education which was not completely addressed. Therefore in this paper I will be discussing the impact a nurse may have had on the case study, areas of shortage where I felt a nurse would have addressed the issue better, ethical positions that were dominantly discussed in the discussion and ways in which this case study contributed to the role of a nurse in areas of advocacy. â€Æ' Ethics Communication Reflection Paper Nurse as an Advocate The Case Study exercise allowed us to take a role thatRead MoreReflection Paper On Business Ethics2881 Words   |  12 Pages Arion 1 Anthony Arion Reflection Paper Business Ethics Jeffrey Muldoon, PhD 1 December 2015 Declaring a major in college is a big deal, but declaring that one is majoring in Business gives a whole new meaning to the word. About midway through the class, like a light bulb turned on, the true realization that there is much more to a business when you consider where you want to work or where you want to shop is a direct result of my BU 293: Ethics, Social Responsibility, and SustainabilityRead MorePersonal Ethics Reflection Paper2135 Words   |  9 PagesEthics is the study of how humans are in relationships with themselves and others (2012). Strong ethics comes from building community, respecting others, serving others, showing justice, and manifesting honesty (2016). With the ethical lens inventory, I believe in looking at relationships and life through a blend of responsibilities, rights and results. These ethical lenses are why I like to use my personal reasoning skills and intuition to balance between living into my flexible principles and determining

Wednesday, May 6, 2020

Essay on Egyptian Mathematics - 664 Words

The Egyptians are one of the earliest known and most well documented people to inhabit the Earth. They were one of the first people to respond to practical needs within agriculture, business, and industry. Moreover, archaeological and historical artifacts suggest that the Egyptians were among the first to develop the study of mathematics. This paper will discuss the development of mathematics in ancient Egypt, focusing on the use of hieroglyphs, the decimal system, and hieratic writing and numerals to demonstrate that the Egyptians made notable contributions to modern day understandings of mathematics. The foundations of mathematics are strongly rooted in the history and way of life of the Egyptian people, dating back to the†¦show more content†¦The Egyptians had a decimal system made up of seven different symbols. The number 1 was shown by a single stroke, 10 was shown by an upside down U, 100 was represented by a coil of rope, 1,000 was represented by a drawing of a lotus plant, 10,000 was represented by a bent finger, 100,000 was represented by a picture of a frog, and 1,000,000 was a drawing of a god-like figure with its arms raised above his head. The conventions for reading and writing these numbers were quite simple. In general, the higher number was almost always written in front of the lower number, and where there was more than one row of numbers the reader read from the top of the inscription. The development of the decimal system therefore provided a uniform method of identifying and reading numerical figures, which was previously non-existent. For many years, hieroglyphs and decimals were the primary means of conveying mathematical concepts among the Egyptians. However, once the Egyptians began to use flattened sheets of dried papyrus reed as paper, and the tips of the reeds as pens, there was reason to develop more rapid means of writing. This prompted the development of hieratic writing and numerals. Although a large number of papyri, many surely dealing with mathematics, were created by the Egyptians, most have perished over time. There are two major mathematic documents that have survived, however. These include theShow MoreRelatedHistory And History Of Math1430 Words   |  6 PagesMath in Egypt Did you know that Egyptian hieroglyphs used over 700 different picture symbols? Those symbols were used for various things including recording official texts. Every symbol meant a different thing and only scribes could write hieroglyphs since most Egyptians were illiterate. The Egyptians used hieroglyphs in math by having symbols for numbers. Examples of this would include having a coil of rope for a hundred and a lotus plant for a thousand. The Egyptians knew various types of math includingRead MoreEssay about Egyptian Math1035 Words   |  5 PagesEgyptian Math   Ã‚  Ã‚  Ã‚  Ã‚  The use of organized mathematics in Egypt has been dated back to the third millennium BC. Egyptian mathematics was dominated by arithmetic, with an emphasis on measurement and calculation in geometry. With their vast knowledge of geometry, they were able to correctly calculate the areas of triangles, rectangles, and trapezoids and the volumes of figures such as bricks, cylinders, and pyramids. They were also able to build the Great Pyramid with extreme accuracy.   Ã‚  Ã‚  Ã‚  Ã‚  EarlyRead MoreCalculus As A Branch Of Mathematics1169 Words   |  5 Pagesdefined as a branch of mathematics that deals mostly with rate of change and with finding lengths, areas, and volumes; it is divided into two types: integral and differential. The calculus we have come to know and love has been around for quite some time, dating all the way back to its â€Å"creation† which is credited to Newton and Leibniz. But what if there was an ancient form of â€Å"calculus† before our modern calculus? Many ancient civilizations were brilliant and used mathematics in ways that the peopleRead MoreHistory And History Of Math1198 Words   |  5 Pagesthat between one to four million people lived in the Nile River Valley. The Egyptians called this region Kemet which translates to Black Land (O’Connor and Robertson; Lesko 135-44). As society began to be more complex and people began to trade for services and goods, a need for a counting system arose (O’ Connor and Robertson). At the time, the Egyptians used hieroglyphs that only scribes could write since most Egyptians were illiterate (Lesko 135-44). The word hieroglyph comes from two Greek words;Read MoreHieroglyphics and History of Mathematics567 Words   |  2 PagesHieroglyphics deal a lot with the history of math, because it was one of the earliest of maths. The ancient Egyptians were the first civilization to practice the scientific arts. It is said that the Egyptians introduced the earliest fully-developed base 10 numeration systems at least as early as 2700 B.C. The word chemistry is derived from the word Alchemy which is the ancient name for Egypt. It was between the third and first millennia B.C. It later then died in 400 AD. This was first used as legalRead MorePraise of the Scribe Essay987 Words   |  4 Pagesgreatest civilizations to ever emerge in this world. A society ruled by divine kingship, and belief in polytheism. It was not because of what the Egy ptians did but more so of what was left behind for other readers and educators to see. Considering the fact that the Egyptians established a very unique language and writing system also called hieroglyphics, the Egyptians had to establish a private society due to the fact that no other person was higher than the Scribes, who were the intellectuals of ancientRead MoreAngel Gabriel Looks At Mariana And Not Mary2387 Words   |  10 Pagesimportant moments of Roman-Egyptian history. Tadema represented the Egyptian culture and resonance through his painting and in this process he studied a lot about Egypt which is evident from the intrinsic details he provides through the Egyptian objects in the painting. His main visual inspirations were from the objects in the European museums and he must have looked into secondary texts like Wilkinson’s â€Å"Manners and Customs of the Ancient Egyptian† to properly represent the Egyptian culture and link itRead MoreExchange of Informati on Between Sumer Egypt and India Essay examples2068 Words   |  9 Pagesexchanged and adapted to later civilizations. One such society was the Egyptians, located on the Nile River in northern Africa. Around 2700 BCE between the First Cataract and the Nile Delta, the heartland of Egyptian civilization and its order and stability were being established. Similar to the Sumerians, the Egyptians were forced to deal with flooding from the river; however, they did not fear this problem. To the Egyptians, the Nile was a tame river that rarely brought death and destructionRead More Life Is Mathematics: Looking at the movie Pi. Essay1333 Words   |  6 PagesLife Is Mathematics: Looking at the movie Pi. Well that pretty much says it all. What is it? It is a very good movie. This is an Independent film. It is a number which can only be defined in the mind. The first time I watched this movie was when I was at my best friend’s house last year around 2am. We watched it on VHS, but didn’t finish it. I came back here and found someone who had it on their computer; we burned it to a CD in a DivX format. â€Å"DivX(TM) is a leading MPEG-4 compatibleRead MoreThe Mathematics Of A Large Nutshell959 Words   |  4 PagesMath through the Ages provides an interesting and concise analysis of the mathematical culture of different societies in history. The section â€Å"The History of Mathematics in a Large Nutshell† provides an interesting discussion of Greek mathematics. The mathematics of the culture both influenced and was influenced by the culture of the society. The Greeks were most likely the most important historical society in the Western world. They spread their vast knowledge and affected the mathematical traditions

The Tell Tale Heart By Edgar Allen Poe - 993 Words

In â€Å"The Tell-Tale Heart† by Edgar Allen Poe, it is classified as a short story with horror fiction as the genre. This was written in three different types of fear during the Romanticism period. In this short story the encounter is filtered through the eyes of the unnamed dynamic narrator. The narrator consumes upon the old man’s eye and determines to perform a conscious act of murder. Fear is defined as a horrid feeling that is caused by a belief that a person or something is unsafe, most likely to cause grief, or any type of threat. It is something that people can first experience as children, and is accustomed to respond to in many different ways. Some people live in constant fear; of accidents, of bad people doing any harm, or of physical disorders. Others only obtain things as they come in life, whether they are good or horrible things. Edgar Allen Poe describes fear in â€Å"The Tell-Tale Heart† in three ways such as gore, the mood, and insanity . Gore can be classified as â€Å"Blood that has been shed, especially as a result of violence† (â€Å"gore†). Gore can be described as an extreme graphic bloody murder scene. The narrator did a fantastic job at doing this type of action by describing in full bloody detail of how he killed the old man. For instance in â€Å"The Tell-Tale Heart†, gore is shown frequently such as, â€Å"First of all I dismembered the corpse. I cut off the head and the arms and the legs† and â€Å"I then took up three planks from the flooring of the chamber,Show MoreRelatedThe Tell Tale Heart By Edgar Allen Poe1427 Words   |  6 PagesMeghan Amorim ENWR 106:29 Professor Ghoshal 27 September 2015 The Tell Tale Heart In â€Å"The Tell Tale Heart†, by Edgar Allen Poe, the reader is presented with the short story of a madman who narrates his murder of an old man because, â€Å"he had the eye of a vulture --a pale blue eye, with a film over it† (Poe 105). The narrator has thought thoroughly about his plan to murder this old man, and the murderer then stashes his body underneath the floorboards. Eventually, his guilt overcomes him and he startsRead MoreThe Tell Tale Heart By Edgar Allen Poe1103 Words   |  5 PagesThe Tell-Tale Heart I am doing my essay on â€Å"The Tell-Tale Heart† by Edgar Allen Poe. I am going to tell you about the author and what he is greatly known for, next I will summarize the story and tell you the main themes and parts of the story that really play a big role in the story, then I will describe all the symbolisms in the story, and last I will prove that the deed drove the narrator insane more than he was already. The author of â€Å"The Tell-Tale Heart† is Edgar Allen Poe. Poe was born onRead MoreThe Tell Tale Heart By Edgar Allen Poe1851 Words   |  8 Pagesdisease had sharpened my senses--not destroyed--not dulled them. Above all was the sense of hearing acute. I heard all things in heaven and in the Earth. I heard many things in hell. How, then, am I mad?† (Page 1, Poe). In the short story, â€Å"The Tell-Tale Heart,† author Edgar Allen Poe explores insanity; and provides a study of paranoia and mental deterioration through an unreliable narrator. Throughout this macabre, sinister, narrative short story, the narrator attempts to convince readers of hisRead MoreThe Tell Tale Heart By Edgar Allen Poe981 Words   |  4 PagesThe Tell-Tale Heart In the first-person short story â€Å"The Tell-Tale Heart† by Edgar Allen Poe Men have guilty intentions. A man can have a heart and do something harmful and have guilty intentions afterwards. It has a lot to do with how a person is feeling on the inside to actually determine their intentions. The Tale-Tell Heart follows an unnamed narrator who insists on his sanity after murdering an old man with a vulture eye. From the complex of all of Poe s short stories, The Tell-TaleRead MoreThe Tell Tale Heart By Edgar Allen Poe1703 Words   |  7 PagesIn â€Å"The Tell Tale Heart†, by Edgar Allen Poe, the narrator both experiences guilt from killing the old man in which he cared for and also the constant plea of proving his sanity. The narrator one day decides that he should kill the old man in which he cares for, due to the fact that he had an evil eye. Though insane and bizarre, the narrator thinks that he is not crazy; he just has heightened senses that allow him to hear things that no human could ever hear. The telling of the story from whateverRead MoreThe Tell Tale Heart By Edgar Allen Poe921 Words   |  4 Pagesâ€Å"The Tell Tale Heart† is a famous short story written by Edgar Allen Poe. The story was first published in 1843. This story is about an unnamed man who kills an elderly man due to his â€Å"vulture eye†. The man serves as the narrator in this story and describes to readers in detail as he carefully stalks the man, kills him and hides his body under his floorboards after he cuts him up. Eventually, the narrator’s guilt eats him alive to the point that he confesses his crime to three visiting policemenRead MoreThe Tell Tale Heart By Edgar Allen Poe Essay1452 Words   |  6 Pagesâ€Å"The Tell-Tale Heart† Analysis and Opinion Edgar Allen Poe, born January 19, 1809 in Boston Massachusetts, is famously known for his tales and poems of horror and mystery that evoked the interest of readers worldwide, and still do to this day. Some background about Poe is that his father, David Poe Jr., left his family early in Poe’s life, and his mother, Elizabeth Arnold Poe, died when Poe was just three years old due to tuberculosis. He had to be separated from his sister, Rosalie, and his brotherRead MoreThe Tell Tale Heart By Edgar Allen Poe934 Words   |  4 Pagesthe head and the arms and the legs†, said the madman (39). In Edgar Allen Poe’s short story, â€Å"The Tell-Tale Heart†, the themes are vital for readers to identify with the madman’s reasoning of every single action he executes. Such events as in the first sentence would be difficult, if not impossible, to grasp without the knowledge of any themes. While some individuals may feel that themes are merely add-on elements in similar tales, this analysis will establish quite the contrary. The themes areRead MoreThe Tell Tale Heart By Edgar Allen Poe Essay2597 Words   |  11 PagesEdgar Allen Poe is one of the best short stories writers and known for his insane crimes and gruesome murders. How he portrays the murderer is his art and how he makes the readers feel is his talent. Often in his short stories he used common themes, but the plots are different. In comparing three of Poe’s short stories â€Å"The Tell-Tale Heart†, â€Å"Hop Frog† and â€Å"The Cask of the Amontillado† a reader can see common themes such as love and hate, revenge and insanity. In Poe’s story, â€Å"The Tell Tale Heart†Read MoreAnalysis Of The Tell Tale Heart By Edgar Allen Poe1320 Words   |  6 PagesRory Spillane Mr. Bruno English IV period 8 1.29.15 Analysis of the Tell-Tale Heart Edgar Allen Poe was born on January 19th, 1809 in Boston, Massachusetts. He went on to become one of the most famous American poets and authors in history. The subjects of his poems and stories were often morbid in nature, many of them having to do with death and murder. Unfortunately, the dark tone of his work reflected the darkness of his life, which was marked with notable instances of tragedy, such as the

Business and Corporate Law Case Laws

Question: Describe about the Report for Business and Corporate Law of Case Laws. Answer: 1. Here, IRAC method has been used for structuring the answers to their respected case laws: Issue: In the presented case, Jane offers her car which is Lotus Super 7 sports model to Jack. Jack accepts the offer. The value of this car as per the current market trends is around $25,000. There is an issue in the given situation as to whether consideration is present or not when Jane offers her car and whether the contract is enforceable. Rules: Consideration refers to the benefit or value that is exchanged between the parties to a contract. It is the essence of bargain and one of the essential elements of a valid contract (Chang and Thorson, 2010). Australian Contract Law is inherited from English Contract Law which states that consideration is something in return which must move at the desire of the promisor. An agreement not supported by consideration is known as nudum pactum which means naked agreement. Such an agreement is unenforceable in the Australian Court of Law, except for when it is constituted in a deed. If the promissory pays money or provides something to the promisee and receives nothing in return, there is no consideration and hence, the contract is void. Consideration need not necessarily be in cash or kind. It also need not be adequate. However, it must have some value. It must be real and not illusory (McKendrick, 2014). It must be legal and not immoral or opposed to public policy. Also, a mere gra tuitous promise is not enforceable in Australian law due to lack of legal force in want of consideration (subjected to some exception). Application: This application can be observed in the case of Carlill v. Carbolic Smoke Ball Co., the court ruled that the agreement being void as it was made without consideration. Australian court follows the principle of Quid pro quo in case of consideration which means this for that. It signifies that some benefit must be received by the promisor in return for the promise made by him. In the presented case, Jack neither did nor promised to do anything in return to compensate Jack for her car. No exchange of promises or benefits exists in the agreement (Stone and Devenney, 2014). An agreement to be enforceable must be supported by valuable consideration. Jane offers her car to Jack without consideration. Conclusion: On the basis of above rules and analysis, the court is likely to declare the agreement to be void (Burrows, 2013). So, Jack cannot enforce this agreement in the court of law. Example: In 1833, a similar case was happened with Price v. Easton (Latimer, 2012). Easton entered into a contract with X to pay 19 for the work to be done by X. X performed the work. However, after that Easton refused to pay. This led to Price sued against Easton. Australian Houses of Lords decided against the Prices claim as it was not valid since he had not provided consideration. Issue: In the presented case, Jane offers her car to Jack, for $25,000. The price of the similar car is also $25,000. Jack accepts the offer. The issue presented here is, whether consideration is present and whether Jack can enforce the contract? Rules: As per the rules of Australian Contract Law, consideration refers to the mutual benefits exchanged by the parties to a contract. However, past consideration is not considered as a sufficient consideration (Gibson and Fraser, 2013). All agreements are enforceable in the Australian court of law if they are made for good consideration. Application: The facts are similar to the case of Coulls v. Bagots. In the presented case, there is an exchange of mutual benefits between Jack and Jane while entering into the agreement. Jane offers her car to Jack for $25,000 and simultaneously, Jane accepts the offer. There exists an offer, an acceptance and consideration. Conclusion: On the basis of above rules and analysis, the court is likely to conclude that the agreement is valid. Since, the agreement is made for consideration so, it is enforceable in the court of law. Example: In Beaton v. Mcdivitt case, Mcdivitt promised to transfer a part of his land to Beaton, when the latter worked on the land as required. Beaton shifted to the land and worked on it as required (Clark, 2010). After some years, Beaton was ordered to off the land. The Court of Law held that Beaton had provided valuable consideration so, Mcdivitts claim is not valid. Issue: Jane offers her car to Jack, for $2500. However, the market value of this type of vehicle which is in good condition is perceived as $25,000. Jack accepts the offer. The issue presented here is whether consideration exists in the agreement and whether the agreement is enforceable by Jack? Rules: In Australian law, inadequate consideration is not considered as void. The sufficiency of consideration does not mean 'adequacy' as it is not the role of the court to determine and value whether a consideration is adequate or valuable or not (Latimer, 2012). This leads to the fact that sufficient consideration may include not only money but also abstract exchanges such as 'love and affection' (Wang and Mukherjee, 2014). However, past consideration is not considered as a sufficient consideration. If something was done or paid or provided before the promise was made, it is not considered as a part of the promise and therefore, is not a consideration in the eyes of Australian law. As per the rules of Australian Contract Law, Consideration need not be adequate as long as it is not illusionary. However, it must have some value, in the eyes of law. Application: In the given case, Jane offers her car for a price which is lower than its market value. The facts of the presented are similar to the case of Biotechnology v. Pace. In this case, the court held that the consideration need not be equal in value to something given, provided that the party has acted fairly. Conclusion: From the above analysis of rules, it is found that the agreement was made for a good consideration. Therefore, the court is likely to find the agreement between Jane and Jack, enforceable. Example: In the case of Chappel v. Nestle (1960), Nestle offered records of one shilling and sixpence along with three chocolate bar wrappers. Chappel who had the copyright for one of the records and filed a suit to claim its royalty of 6.25% of retail price at which that record is being sold (Owens, 2013). The English court held that the three wrappers form the part of the good consideration even though they were thrown away. Nestle encouraged sales of chocolates, so consideration was valuable to them. Therefore, Chappel was granted the injunction and Nestle was ordered not to sell the records. 2: Issue: The case presented here is involves duress. North Ocean Tankers entered into a contract with a shipbuilder, to build a tanker. The contract was in US dollars. This contract did not contain provisions for currency fluctuations. After half of the work was done, the value of the US dollar fell by 10%, which has increased ship building cost. The shipbuilder demanded an extra US$3 million for his work or else mentioned that it will not complete the ship. The buyer paid the increased rate demanded from shipbuilder because he already had a Charter for the tanker and it was essential to deliver it on time. After nine months, the buyer sought to recover the excess as having been paid under practical compulsion. The issue is as to whether buyer has the right to recover the excess payment? Rules: As per the rules and principles of Australian Contract Law, duress is defined as any wrongful threat or harm made by a person to compel another person to enter into a transaction against his consent (McKendrick and Liu, 2015). Duress under contract law falls under three categories: first is duress to person, second is duress to goods and third one is economic duress. Duress to person occurs when one party threatens another part to kill him if he refuses to enter into the contract. On the other hand, duress to goods occurs when one party refuses to release another partys goods in order to compel them to enter into a contract (Erbacher, 2012). Economic duress refers to an illegal economic pressure to force a party to the contract to agree to demands which they would not have otherwise. Application: Here, the case is related to economic duress. The facts of the case are similar to that of B. S. Contracts and Design Ltd. v.Victor Green Publications Ltd. and Sundell v. Yannoulatos. In those cases also, the plaintiffs had contracted to erect an exhibition stand, but their workmen went on strike. To get the work done, the defendants agreed to pay 4500 to the workers. Later, the court held that the defendants have the right to recover excess payment from the plaintiff. In the given case, buyer paid the increased amount of US$3million to the shipbuilder. Since the contract made between them did not contain any such provision, so, as per the law there is no provision for the legal =.The buyer was commercially made to shell out compensation for the same. This constituted economic duress as the shipbuilder has caused financial distress to the buyer. Some parties may have spinster motives and force unilateral variations to obtain additional benefits. They may misuse their advantageous position and halt performance midway in order to secure extra money from the other party to the contract. It determines whether there was a coercion of will on other party in making the contract. Such agreements fell within the principles of economic duress. The threat posed on one party under economic duress by other party is considered as unlawful. Therefore, the English court of law established victim partys right to rely on duress and held the contract voidable on the ground of duress. In such circumstances, the victim party can sue for intimidation. Conclusion: From the above detailed discussions and case study, it is concluded that the Australian court may find any undue commercial pressure on buyer as a serious threat to the buyers economic interests. This is because the buyer was left with no other realistic alternative, but the promise to pay an extra amount to get his work completed (Wilson, 2016). In these circumstances Australian courts would be more likely to find that the payment had been made under duress and that the client is entitled to recover his excess payment back. Example: A similar decision of the House of Lords in North Ocean Shipping Co. Ltd v. Hyundai Corporation Co. has provided an example of in an English Court of a successful claim to recover money on the ground of economic duress (Cartwright, 2016). In this case, the defendants entered into a contract with plaintiffs to build a tanker (Chitty, 2012). The agreed price was fixed in US dollars. After the payment of first instalment, the US dollars devaluated suddenly by 10%. The defendants threatened to cancel the contract if plaintiffs and their claim was not recognized. The plaintiffs agreed to pay the increased price because they had to deliver the ship on time. After eight months, the plaintiffs claimed the recovery of their excess 10% from the defendants. Finally, they were entitled to succeed in recovering the excess amount even after eight months. English court held that although the contract was made for good consideration but the excess payment by plaintiffs was made under economic duress . References Chang, A. and Thorson, T. (2010) A Legal Guide to Doing Business in the Asia-Pacific. US: American Bar Association. McKendrick, E. (2014) Contract Law: Text, Cases, and Materials. UK: Oxford University Press. Stone, R. and Devenney, J. (2014) Text, Cases and Materials on Contract Law. UK: Routledge. Burrows, A. (2013) A Casebook on Contract. UK: Bloomsbury Publishing. Gibson, A. and Fraser, D. (2013) Business Law 2014. US : Pearson Higher Education AU. Smits, J. (2014) Contract Law: A Comparative Introduction. Cheltenham: Edward Elgar Publishing. Cigogna, L.F. and De Antoni, M.A., (2002) The agreement between the Argentine Republic and Australia on the cooperation for the peaceful uses of nuclear energy and its fitting to the Argentine Constitution.Derecho,40(10639), pp.1-5. Button, K., (2016) Publicprivate partnerships: a review of economic considerations with particular reference to transportation projects.Transportation Planning and Technology,39(2), pp.136-161. Tinuper, P., Bisulli, F., Cross, J.H., Hesdorffer, D., Kahane, P., Nobili, L., Provini, F., Scheffer, I.E., Tassi, L., Vignatelli, L. and Bassetti, C., (2016) Definition and diagnostic criteria of sleep-related hypermotor epilepsy.Neurology,86(19), pp.1834-1842. Malik, R., Traylor, M., Pulit, S.L., Bevan, S., Hopewell, J.C., Holliday, E.G., Zhao, W., Abrantes, P., Amouyel, P., Attia, J.R. and Battey, T.W., (2016) Low-frequency and common genetic variation in ischemic stroke The METASTROKE collaboration.Neurology,86(13), pp.1217-1226. Wang, L.F. and Mukherjee, A., (2014) Patent Protection, Innovation and Technology Licensing.Australian Economic Papers,53(3-4), pp.245-254. Griffiths, A., (2014) Embodied histories: exploring law's temporality in relation to land in Botswana.The Journal of Legal Pluralism and Unofficial Law,46(1), pp.37-59. Latimer, P. (2012) Australian Business Law 2012. Australia: CCH Australia Limited. Kramer, A. (2010) Contract Law: An Index and Digest of Published Writings. UK: Bloomsbury Publishing. McKendrick, E., and Liu, Q. (2015) Contract Law: Australian Edition. UK: Palgrave Macmillan. Erbacher, S. (2012) Australian Restitution Law Australian Principles. UK: Routledge. Cartwright, J. (2016) Anson's Law of Contract. UK: Oxford University Press. Wilson, T. (2016) International Responses to Issues of Credit and Over-indebtedness in the Wake of Crisis. UK: Routledge. Chitty, J. (2012) Chitty on Contracts: General principles. UK: Sweet Maxwell. Owens, K. (2013) Law for Non-Law Students. UK: Routledge. Clark, E. (2010) Cyber Law in Australia. US: Kluwer Law International.

Commonwealth v Pestinakas 617 A.2d 1339 free essay sample

Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March, 1982, Kly, who had been living with a stepson, was hospitalized and diagnosed as suffering from Zenkers diverticulum, a weakness in the walls of the esophagus, [***4] which caused him to have trouble swallowing food. In the hospital, Kly was given food which he was able to swallow and, as a result, regained some of the [**1342] weight which he had lost. When he was about to be discharged, he expressed a desire not to return to his stepsons home and sent word to appellants that he wanted to speak with them. As a consequence, arrangements were made for appellants to care for Kly in their home on Main Street in Scranton, Lackawanna County. Kly was discharged from the hospital on April 12, 1982. When appellants came for him on that day they were instructed by medical personnel regarding the care which was required for Kly and were given a prescription to have filled for him. We will write a custom essay sample on Commonwealth v Pestinakas 617 A.2d 1339 or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Arrangements were also made for a visiting nurse to come to appellants home to administer vitamin B-12 supplements to Kly. Appellants agreed orally to follow the medical instructions and to supply Kly with food, shelter, care and the medicine which he required. According to the evidence, the prescription was never filled, and the visiting nurse was told by appellants that Kly did not want the vitamin supplement shots and that her services, therefore, were not required. Instead of giving [***5] Kly a room in their home, appellants removed him to a rural part of Lackawanna County, where they placed him in the enclosed porch of a building, which they owned, known as the Stage Coach Inn. This porch was approximately nine feet by thirty feet, with no insulation, no refrigeration, no bathroom, no sink and no telephone. The walls contained cracks which exposed the room to outside weather conditions. Klys predicament was compounded by appellants affirmative efforts to conceal his whereabouts. Thus, they gave misleading information in response [*377] to inquiries, telling members of Klys family that they did not know where he had gone and others that he was living in their home. After Kly was discharged from the hospital, appellants took Kly to the bank and had their names added to his savings account. Later, Klys money was transferred into an account in the names of Kly or Helen Pestinikas, pursuant to which moneys could be withdrawn without Klys signature. Bank records reveal that from May, 1982, to July, 1983, appellants withdrew amounts roughly consistent with the three hundred ($ 300) dollars per month which Kly had agreed to pay for his care. Beginning in August, 1983 and continuing [***6] until Klys death in November, 1984, however, appellants withdrew much larger sums so that when Kly died, a balance of only fifty-five($ 55) dollars remained. In the interim, appellants had withdrawn in excess of thirty thousand ($ 30,000) dollars. On the afternoon of November 15, 1984, when police and an ambulance crew arrived in response to a call by appellants, Klys dead body appeared emaciated, with his ribs and sternum greatly pronounced. Mrs. Pestinikas told police that she and her husband had taken care of Kly for three hundred ($ 300) dollars per month and that she had given him cookies and orange juice at 11:30 a.m. on the morning of his death. A subsequent autopsy, however, revealed that Kly had been dead at that time and may have been dead for as many as thirty-nine (39) hours before his body was found. The cause of death was determined to be starvation and dehydration. Expert testimony opined that Kly would have experienced pain and suffering over a long period of time before he died.