Friday, January 31, 2020

Human Resources Management Essay Example for Free

Human Resources Management Essay On Monday, 13 January 2014, Ada wrote to Ben saying, â€Å"Please sell me your vintage BNW car for $80,000†. On Tuesday, 14 January 2014, Ben replied by leaving a message on Ada’s voicemail, â€Å"Sure, provided you pay by cash†. Ben then changed his mind and he posted a letter to Ada which read, â€Å"I have reconsidered the matter. I am no longer able to sell you my BNW†. This letter arrived on Thursday, 16 January 2014, before Ada checked her voicemail. 1) Advise Ada and Ben. There is no contract between Ada and Ben. This is because initially Ben leaves a message on Ada’s voicemail to accept the offer. However, Ben changes his mind and posts the letter to Ada on the same day, but the letter arrived before Ada checked her voicemail. Although the voicemail was sent earlier than the letter, acceptance can only be made with actual communication and notification to the offeror. Besides, according to the postal rule, the acceptance is deemed to be competed when the properly stamped and addressed letter of acceptance is posted, and not when it is delivered to the offerors’ address, or received by them, or brought to their notice, or read by them.1 This rule, laid down in Adam v. Lindsell in 1818. It explained that if the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their a nswer and assented to it.2 In this case, the contract be only be made unless Ada checks her voicemail before the letter arrived. Therefore, Ada does not have any legal claim against Ben. 2) What difference, if any, would it make if: a) Ben’s letter had never arrived; There is no contract between Ada and Ben if Ada never checks her voicemail. This is because the postal rule does not apply to situations where the acceptance of an offer is communicated by any instantaneous methods such as telex, telephone and fax. The rule with regard to acceptance by such methods is that the contract is complete only when the acceptance is received by the offeror.3 Therefore, the contract only takes effect when it is received and read by Ada. On the other hand, there is a binding contract between Ada and Ben if Ada has knowledge of the acceptance by Ben. The contract comes into existence as soon as Ada checks the voicemail. With reference to the case of Entores Ltd v. Miles Far East Corporation in 1955, the plaintiff in London sent a telex to the defendant in Amsterdam offering to buy goods from the defendant. The defendant sent a telex in return to the plaintiff accepting the offer. Therefore, a contract was made between the parties when the defendant’s acceptance was accepted by the plaintiff.4 b) Because of a fault on Ada’s voicemail system, Ben’s message had not been recorded; There is no contract between Ben and Ada. This is because Ben’s message has not been recorded, so Ada does not receive and read the message. Since there cannot be acceptance of an offer without the knowledge of it, acceptance must be communicated to the offer, and mere inactivity or silence on the offeree does not create a contract as well. The rule laid down in Felthouse v. Bindley that mere inactivity or silence cannot amount to an acceptance is correct in 1862. The plaintiff offered to buy a horse from his nephew, John, who was going to sell it by auction. John intended to accept his uncle’s offer and advised the auctioneer to reserve the horse for his uncle. However, the nephew did not send his acceptance to the plaintiff and finally the horse was sold by the auctioneer by mistake. However, since John had not communicated his acceptance to the plaintiff, there was no contract between them.5 In the case of Ada and Ben, Ben also sends a letter to reject the Ada’s offer  after he has changed his mind. The rejection of an offer by the offeree kills the offer. The offer comes to an end. It can no longer be accepted by the offeree.6 Therefore, a contract cannot come into existence. c) On Sunday, 12 January, Ben had asked Ada if she wanted to buy his BNW? There is an invitation to treat if Ben has asked Ada to buy his BNW. It is not an offer because Ben just invites offer rather than making one. Where Ada accepts the terms of the invitation, she makes an offer but there is still no contract. Ben is still free to accept or reject the offer. With reference to the case of HKSAR v. Wan Hon Sik in 2001, the display of pirated video discs on the shelves of the shop was just an invitation to treat. A customer who selected the goods from shelves and took them to the casher’s desk only made an offer. There was no sale at that point. The contract was not completed until the owner of the shop accepted the offer.7 Therefore, an invitation to treat is different from an offer. In the case of Ada and Ben, since Ada makes an offer which can be accepted or rejected by Ben. No contract has been concluded between them because Ben rejects the offer by sending a letter that is arrived before Ada checks her voicemail.

Thursday, January 23, 2020

Cloning Essay examples -- Essays Papers

Cloning For hundreds of years man has wondered what it would be like to clone human beings. With the idea of cloning comes many different opinions and positions. The idea of creating an army of "super humans" has long been a dream of many people. Others have feared what would happen to the world if cloning were possible and if cloning is morally correct. Overall, religion and ethics play a vital role in the both of these viewpoints and greatly effect many positions on the topic of cloning. In February of 1997 Dr. Ian Wilmut, a 52-year-old embryologist at the Roslin Institute in dinburgh announced the cloning of a lamb named Dolly 1. He had replaced the genetic material of sheep's egg with the DNA from an adult sheep. The findings of Dr. Wilmut immediately created many new controversial questions. None were as controversial as: Will they apply this to humans as well? According to Dr. Wilmut, the answer was "there is no reason in principle why you couldn't do it"(clone humans), but he added, "All of us would find that offensive."2 From the viewpoint of those in favor of cloning human beings do not see it as morally, or ethically wrong. Many see it as an opportunity to have children, or possibly to "re-create" a child who is dying from a terminal illness. Many infertile couples are worried that they would never have the chance to someday have children through new technology that would be brought about through cloning. Others believe that it is an invasion of personal freedoms because the government may try to dictate what a person can do to their body. Anita Manning, a writer for USA TODAY revealed another argument in favor ... ...n, Daniel. "A Step Too Far." 23. 3 Manning, Anita. "Pressing a 'Right' to Clone Humans." p1D. 4 Glassman, James. "Should we Fear Dolly?" Sec A p17. 5 Anyonomous. "World Wide: Clinton Proposed" Sec A p1. Works Cited: - Anonymous, "Trials and Triumphs in the History of Cloning," Successful Farming 97 (1999) S28 - S30. - Anonymous. "World Wide: Clinton Proposed" Wall Street Journal 10 Jun 1997: Sec A p1. - Callahan, Daniel. "A Step Too Far," New York Times 26 Feb 1997: Sec A, p23. - Chase, Chevy. "Dealing with Dolly: Inside the National Bioethics Advisory Commission," Health Affairs 17 (1998): 264 - 267. - Glassman, James K. "Should we Fear Dolly?" The Washington Post. 25 Feb 1997: Sec A p17. - Manning, Anita. "Pressing a 'Right' to Clone Humans." USA Today. 6 Mar 1997: p01 D.

Wednesday, January 15, 2020

Tesco Porter 5 Forces

1. 5(+1) Porter‘s forces. | |The threat of substitutes | | |Food retail industry at first seems easy to substitute, but in truth the large markets are the ones who state the prices in the market, | | |thus for such large chains like Tesco the threat of substitutes is low as due to high demand it manages to offer high quality products at | | |low costs.Moreover, Tesco has already started to focus on opening express stores and this creates even more barriers for the substitutes | | |to enter the market. | | |The threat of entry | | |Tesco takes part among 15 largest world’s retailer chains’.There are a few factors which determine that the threat of a new entrant is | | |fairly low: | | |Due to economies of scale, Tesco offers goods at lower prices. For new entrants it is complicated to achieve this level of sales so that | | |selling at the same level of prices would become profitable.Therefore, a large investment is a necessity. | | |The access to supply and dis tribution channels is not complicated, but the demand of products is not high by new entrants and not all | | |products would be acquired at the same price as Tesco and other market’s leaders acquire. | | |Although, products are not differentiated in a food retail industry and therefore customer loyalty is not high. | |The power of buyers | | |Food retail industry is not differentiated, but standardized one which makes the customers tended to change from one brand to another as | | |switching costs are very low. Though, the buyers are not concentrated and every client is responsible for just a small amount of sales, | | |but Tesco still manages to win a large share of client’s by offering products at low costs. | |The power of suppliers | | |By ranking among the largest world’s retailer chain’s Tesco has enough control over suppliers. Tesco places large orders and takes an | | |important role in every supplier’s business this way at a certain lev el controlling the prices. Moving from one supplier to another is not| | |an expensive issue for Tesco, but the needs of clients should be also taken into consideration, which does not provide full access to | | |control the suppliers. | |Competitive rivalry | | |Taken into the consideration the worldwide market, Tesco has some competitors, including the discounters Aldi and Lidl and when it comes | | |the economic recession those retailers win the market share by offering goods at low prices when the quality of goods becomes not that | | |important for the customers. | |Similar size of the largest retailers and no differentiation of the products offered make the competition even more intense as customers | | |are switching between the brands easily. | | |Public authority power | | |Public authority role in this case plays a limited role.This can appear on certain products which can be not admitted in one or another | | |country but usually can be changed by another good. Although , public authorities are able to control the prices of products and set a cap,| | |but this will be valid for all the competitors and for a large retailer it this will not create any barriers. |

Monday, January 6, 2020

Notes On The World Of The Vikings - 2151 Words

Kelsey Bean 2/12/15 HIST 307 Prospectus The Eighth Century, although often over looked, held many events that marked the beginning of a drastic change in Europe s economic and political systems. With increasing interest in trade with China and other Eastern Asian civilizations, and heavy friction among Byzantine, and Scandinavian loyalties, the fight for power within northern Europe’s trade routes began. Seedlings of Feudal law began to rise, most clearly seen with the emergence of the Vikings. The age of the Vikings begins with the earliest recorded raids in the 790s and continues until the Norman conquest of England in 1066 (Barrett). Geographically, the Viking Age cannot be confined purely to pre medieval Scandinavian lands†¦show more content†¦The Vikings are of Scandinavian decent, said to have lived in small villages that were run by a sort of lord or king, some of which held more power than others (Sawyer). The Viking rain began several hundred years after the fall of the Roman Empire and the emerg ence of the English, Irish and Frankish Kingdoms, which happened to be common victims of Viking pillaging. The Viking political system was more of an organized group of cities states rather than a kingdom of its own (Peterson). Although the villages of Vikings participated in a more agricultural society, the culture was famous for its less conventional means pf obtaining materials, such as pillaging other kingdoms. The Viking religion is believed to be what made the viking soldiers so fearless of death. Strongly centered on the honor one was awarded when they died in battle, Norse religious practices evoked its worshipers to see life as a form of captivity and death as its release (Sawyer). Within the limits of this paper will be discussed the effect of how Viking exploration and trade networks effected their trade commodities and major sources of economic stability. This will be followed by the discussion of the political turmoil that lead the leaders of the Viking to pursue pirac y and pillaging as a valuable source of economic strength. Working backwards in our study of the