Legal Issues in Business Essay Example | Topics and Well Written Essays - 1000 words

Legal Issues in Business - Essay Example As the plaintiff had to purchase concrete from a different supplier at higher prices, the cost differentials were charged on the defendant and were deducted from the dues. The plaintiff allowed the defendant to resume supply on a condition that the supply would come only from a single plant. On resuming the supply, the defendant failed to supply the ordered quantity of concrete on numerous occasions (at least 42). Shortage of raw materials and plant breakdowns were the two primary reasons cited and on some occasions no reasons were cited by the defendant for non- or short supply of concrete. The plaintiff was again forces to purchase concrete from a different supplier and again at higher prices. The plaintiff charged the defendant for cost differentials and deducted it from the outstanding dues. The defendant on the other hand, maintained events leading to non- or short supply of concrete would fall under Force Majeure and hence the defendant was not liable for the cost differentials . The defendant had to suspend supply of concrete due to plaintiff’s non payment and deduction of cost differentials from outstanding dues. ... 2. Analysis Issues Following are the issues that were raised in the trial court and respective findings that the court has to decide on: Issue (a): Was the contract â€Å"sole supplier† or â€Å"exclusive† contract? The finding of the trial was that the contract was not a â€Å"sole supplier† or â€Å"exclusive contract†. Issue (b): Was the Plaintiff’s claim for cost differentials, incurred due to purchase from an alternate supplier to due defendant’s inability to meet quality requirement, during the suspension period justified and allowed? The finding of the trial court was that the Plaintiff was not allowed to claim cost differentials during the suspension period. Issue (c): Can the defendant use force majeure clause to exempt itself from the liability for non- or short supply? The finding of the trial court was that shortage of raw materials would fall under force majeure but not plant breakdown. Hence, the defendant was liable only non- o r short supply due to plant breakdown. Issue (d): Is the defendant entitled to suspend the supply? The finding of the trial court was that the defendant was entitled to suspend the supply. Issue (e): Was the Plaintiff entitled to terminate the contract? The finding of the trial court was that the Plaintiff was not entitled to terminate. The Plaintiff has appealed against all findings of the trial court. Judgement Following is the judgement of the court on the respective issues. The authorities that have been followed and distinguished have been discussed accordingly: Issue (a): The judgement arrived was that the contract was not a â€Å"sole supplier† or an â€Å"exclusive† contract. The judgement was reached based on the reasons that there was no mention in the contract being an â€Å"exclusive one’ neither was

Business research-Second cup Essay Example | Topics and Well Written Essays - 500 words

Business research-Second cup - Essay Example Every employee is trained by baristas (coffee experts) on the various aspects of coffee making, including selection of beans, crushing, roasting and other technical aspects connected with the processing of the beans. Hence, all the employees receive training in all aspects of coffee making, including knowledge about growing of coffee etc. (Starbucks Corporation: Competing in a global market, 2003). Starbucks lays special emphasis on building a unique culture with its people – it believes that its true strength are its employees and therefore, they are given good benefits and remuneration and also given stock options, or ownerships in the Company. (Starbucks Corporation: Competing in a global market, 2003). Starbucks does not offer franchises to anybody nor does it envisage doing franchisee business in the foreseeable future. In the North of America, majority of shops are bought, owned and operated by Starbucks itself; however, in exceptional cases, where real estate ownership may not be forthcoming, such as airport locations, grocery chains and major foodstuff establishments, the Company enters into licentiate agreements with Companies who provide access to these places. However, the shops are manned by Starbucks personnel themselves. (Business opportunities. 2007). The reasons why Starbucks do not franchise is because the franchisees may not be able to maintain the highest standards of quality and service which forms the bulwark of Starbucks’ reputation. However, their competitor, First Cup operates through a chain of franchisees. The main problem with franchisees is that consistency of franchises performance over all the territories have to be maintained, and a greater degree of control has to be established. Franchisee reporting also has to be delineated. The degree of autonomy and chain of command which is available to own staff cannot be extended for the

Pornography Does Not Cause Rape :: Argumentative Persuasive Topics

Pornography Does Not Cause Rape      Ã‚  Ã‚  Ã‚   It started by way of messengers and scribes, evolved through the presentation of newspapers and radio, brought us together with television, and now serves us world-wide via the ever-popular Internet.   It is the mass media, and even from the earliest days of its existence, it has contributed greatly in ways that both enlighten and enrich society, and ways that deteriorate and perplex it.   It is not a surprise to learn, then, that the mass media is the most powerful source of information we have, and nothing else in today's world influences public perception quite as heavily.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Unfortunately, however, most of what is broadcast or transmitted in the news today is with reference to the chaotic condition of our planet, or something else that society as a whole sees as detrimental or damaging. But the news on television is not the only type of media taking the criticism of society. Other forms of mass media, specifically movies and television programs containing pornography and violence have been heavily criticized. The underlining concept to be debated here is that society is negatively influenced, specifically, by these images of pornography and the result is increased violence against women. This assumption, and it is indeed only an assumption, is completely fallacious, however, as no concrete and completely conclusive evidence has ever been formulated in support of the theory.   The key premise here is that the mass media does not cause undesirable social behaviour and in actuality, the media people should not be dubbed as the "bad guys".   They simply use their power in the most constructive ways possible in order to promote their ratings and popularity.   One way to do that is to concentrate on what sells: sex, violence and disaster.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Having said this, why is it then, that many in society still believe otherwise; why do they continue to believe that pornography is " evil" and is a major cause for violence against women, specifically rape? There are many reasons for this misinterpretation and through the following few points, an attempt will be made to show that pornography has very little to almost no correlation with violence against women (of course nothing is "absolute" in society). In order to demonstrate this, it must be made evident that pornography is not "evil" and does not cause

Organizational culture that affects aviation accidents

Edward P. Warner said, â€Å"The modern airplane is the product of a program of research, development and refinement in detail that no other structure or mechanism has ever matched.The results have been so remarkable that there is always danger of forgetting that these extraordinary craft still have to be operated by men, and that the most important test they have to meet is still that of being operable without imposing unreasonable demands or unnecessary strains on the flight personnel (quoted in Billings, 1997).†It is imperative to mention the significance of human and machine interactions when dealing with an aviation system. An organizational structure determines how a system performs as it involves the mindset, the values and the goals of a group. The humans are the ones that control and use the machines and they are the ones who belong and participate in a specific organizational culture.Even if the aviation system is considered one of the most â€Å"technology-intensiv e, spatially distributed system,† the force that operates and manages the functions of the system still depend upon the human labor force (Billings 1997, p. 3). This system operates to move passengers and cargo from one location to another with the use of highly complex and automated machines.Technology has never been utilized and maximized more effectively in any other industry than the aviation enterprise and it remains to be an industry to promote the advance of such technology for better safety and higher comforts for the passengers (Billings 1997, p. 3).Automation of the airline industry revealed subtle yet existing assumptions that machines would soon replace humans in the workplace (Billings 1997, p. 201). A better perspective would be that humans and machines are complementary rather that competitive of each other (Billings 1997, p. 201).The rising dependence for machine was seen to be a major factor that shapes the culture of the aviation industry. As machines could d o more of what a pilot and air traffic control officer does, sometimes at a higher rate of efficiency, air carriers have moved to use automations more than ever.However, there were questions as to the degree of control humans have over the operation (Billings 1997, p. 206). It is important to note that at present machines cannot completely replace humans in their functions as checklists required before and during the flight cannot be solely accomplished by some machine (Billings 1997, p. 207).

Maria Reynolds and the First U.S. Political Sex Scandal

Maria Reynolds is best known for her role in the United States first political sex scandal. As the mistress of Alexander Hamilton, Maria was the subject of much gossip and speculation, and she ultimately found herself embroiled in a blackmail scheme. Fast Facts: Maria Reynolds Known For: Mistress of Alexander Hamilton, an affair that led to the publication of the Reynolds Pamphlet and the United States first sex scandalBorn: March 30, 1768 in New York, New YorkParents: Richard Lewis, Susanna Van Der BurghSpouse(s): James Reynolds, Jacob Clingman, Dr. Mathew (first name unknown)Died: March 25, 1828 in Philadelphia, Pennsylvania Early Life Maria was born in New York City to middle-class parents. Not much is known about her early life. Her father, Richard Lewis, was a merchant and itinerant laborer, and her mother Susanna Van Der Burgh had been married once before. (Of note, Susanna’s sixth great-grandson would become President George W. Bush.) Although Maria wasn’t formally educated,  her letters to Hamilton show that she was marginally literate. In 1783, when Maria was fifteen, her parents consented to her marriage to James Reynolds, several years her senior, and two years later she gave birth to their daughter, Susan. The couple moved from New York to Philadelphia at some point between 1785 and 1791. James had served during the Revolutionary War as a commissary agent, alongside his father, David. In addition, he had a pattern of filing claims with the government for damages and losses accrued during the war. In one letter to George Washington, dated 1789, James Reynolds asked for a land grant. The Hamilton Affair During the summer of 1791, Maria, then twenty-three years old, approached Hamilton in Philadelphia. She asked for help, saying James had abused and then abandoned her for another woman. She begged Hamilton, who was thirty-four and married, for financial assistance so that she could return to New York with her daughter. Hamilton agreed to deliver money to her, and promised to stop by Maria’s boarding house to drop it off. Once Hamilton arrived at Maria’s Philadelphia lodgings, she led him to her bedroom, and the affair began. The affair continued for the summer and fall of that year, while Hamilton’s wife and son were visiting family in upstate New York. At some point, Maria informed Hamilton that James sought a reconciliation, to which she had agreed, although she had no intention of ending the affair. She then arranged for Hamilton to meet James, who wanted a position in the Treasury Department. Hamilton refused, and indicated that he no longer wanted to be involved with Maria, at which point she wrote again, saying her husband had found out about their relationship. Soon, Reynolds himself was sending angry letters to Hamilton, demanding money. In December 1791, Hamilton paid Reynolds $1,000 — a staggering sum at that time — and ended the affair with Maria. However, a month later, Reynolds surfaced again, and this time invited Hamilton to renew his romantic attentions towards Maria; she also encouraged Hamilton’s visits. Each time, Hamilton sent Reynolds money. This continued until June 1792, when Reynolds was arrested and charged with forgery and fraudulently purchasing pensions from Revolutionary War veterans. From jail, Reynolds continued to write Hamilton, who refused to send the couple any further payments. The Scandal Once Maria and James Reynolds realized there was to be no further income from Hamilton, it wasn’t long before whispers of scandal got back to Congress. Reynolds hinted at public misconduct, promising to testify against Hamilton, but instead vanished after being released from jail. By then, though, the damage was done, and the truth about the affair with Maria was the talk of the town. Worried that accusations of financial misdeeds could destroy his political hopes, Hamilton decided to come clean about the affair. In 1797, he wrote what would become known as the Reynolds Pamphlet, in which he detailed the relationship with Maria and the blackmail by her husband. He maintained that his wrongdoing was adultery, not financial malfeasance: â€Å"My real crime is an amorous connection with his wife, for a considerable time with his privity and connivance, if not originally brought on by a combination between the husband and wife with the design to extort money from me.† Once the pamphlet was released, Maria became a social pariah. She had divorced Reynolds in absentia in 1793, and remarried; her second husband was a man named Jacob Clingman, who was implicated along with Reynolds in the pension speculation scheme. To escape further public humiliation, Maria and Clingman left for England in late 1797. Later Years There are no details about Maria’s life in England, but when she returned to the United States years later, it was without Clingman. It is unknown whether he died, she divorced him, or she simply left. Regardless, she was using the name Maria Clement for a time, and worked as a housekeeper to a physician named Dr. Mathew, whom she later married. Her daughter Susan came to live with them, and enjoyed some degree of social status with her mother’s new marriage. In her later years, Maria cultivated respectability and found solace in religion. She died in 1828. Sources Alberts, Robert C. â€Å"The Notorious Affair Of Mrs. Reynolds.† American Heritage, Feb. 1973, www.americanheritage.com/content/notorious-affair-mrs-reynolds.Chernow, Ron (2004). Alexander Hamilton. Penguin Books.Hamilton, Alexander. â€Å"Founders Online: Draft of the ‘Reynolds Pamphlet’, [25 August 1797].† National Archives and Records Administration, National Archives and Records Administration, founders.archives.gov/documents/Hamilton/01-21-02-0138-0001#ARHN-01-21-02-0138-0001-fn-0001.Swenson, Kyle. â€Å"Americas First Hush Money Scandal: Alexander Hamiltons Torrid Affair with Maria Reynolds.† The Washington Post, WP Company, 23 Mar. 2018, www.washingtonpost.com/news/morning-mix/wp/2018/03/23/americas-first-hush-money-scandal-alexander-hamiltons-torrid-affair-with-maria-reynolds/?noredirectonutm_term.822b16f784ea.

Is Law School Worth It Factors to Consider

Law school continues to be a popular path for college graduates, but is it a wise choice? The debate on whether law school is worth it continues to surge. According to Law School Transparency, the average annual law school tuition in 2018 was $47,754 for private schools and $27,160 for public schools, and the average law student debt after graduation is currently around $115,000. With numbers like these, theres no question that the decision to go to law school is a costly one. While the average tuition rate has continued to outpace inflation, the employment rate for law graduates continues to improve. The overall employment rate for the class of 2018 was 89.4%. Moreover, in 2018, the total number of law firm jobs increased for the first time in five years. According to the National Association for Law Placement (NALP), the national median salary for the Class of 2018 was $70,000. The median law firm salary was $120,000, with salaries of $190,000 accounting for 24.1% of reported law firm salaries and salaries of $180,000 accounting for 13.4%. Of course, not every law school graduate will land at a big firm, so weighing prospective salary against tuition is still an important concern. Here are five other factors students must consider when deciding whether they should go to law school. School Reputation While it may sound like a minor factor, school reputation is an important consideration when deciding whether a law school is the right fit. However, not every student can or even wants to be admitted into a Top 14 law school, and contrary to what some prospective law students may believe, graduating from a T14 school is not the only way to succeed as an attorney.   That said, reputation does matter. If you’re looking to land in big law on one of the coasts, attending a top-ranked school can certainly give you a leg up on the competition. However, performing well at a lower-ranked regional school, acing your interviews, and proving yourself during your internships can increase your chances of following the same path successfully. Its important to know what your goals are and to understand that those aspirations may change during law school. Regardless of what legal path you intend to follow, be aware of your prospective law school’s ranking and job prospects.   Legal Specialty   In addition to school reputation, you will also want to consider the reputation of specialty programs offered by the school and whether they are a good fit for you. If you are passionate about practicing in a certain field, ensure you apply to the schools that will best train you to practice in that field. For instance, if you are interested in practicing environmental law, look for law schools with top-ranked environmental law programs. You should also research where jobs in that field are and find out your chances of landing a job in that practice area. Taking a realistic look at your employment prospects in your chosen area of practice is a key part of deciding whether law school is worth it for you. Availability of Alternative Education Paths One question you must ask yourself before applying to law school is, â€Å"Do I want to be a lawyer?† If you are unsure about the answer, you should seriously consider whether law school is a worthwhile investment. While there are several alternative career paths available to law graduates, the purpose of law school is to train students to think and write like lawyers. It is a highly specialized endeavor, and many of the skills you learn simply aren’t valuable in careers outside the practice of law. Before applying to law school, you should research alternative degrees you could obtain for the work you’d like to do. For instance, if you don’t plan on practicing law and would rather work as a non-legal advocate, a master’s program may be more appropriate.   That said, if you are certain of your desire to practice law, but are still interested in alternative career paths, explore your options. Lawyers don’t only work in a courtroom. Some lawyers work in advisory roles in hospitals, businesses, agencies, and in other positions you might not expect. Be aware of all the possibilities. School Culture Law school is a highly competitive environment. In some ways, it’s the perfect preparation for an adversarial profession like law. However, the competition doesn’t have to be cutthroat. It is possible to become a great attorney in a collegial environment.   Research the culture at the schools you’re interested in. Visit campus and get a sense of the atmosphere. Ask current students how they feel about their experiences, and don’t underestimate how important a supportive environment is to your overall success and happiness. Life can get pretty miserable pretty fast in a place where competition is valued over collaboration, so find the setting that feels right for you. Practical Experience Does the school offer a variety of clinics and externships? Are there opportunities to get involved with student-run journals and activities? Gaining hands-on, practical experience during law school is an important step toward success after graduation. If you’re trying to decide whether law school will be worth it, find out how well your prospective school will prepare you for practice.   Finally, choose a school known for student support. Look for a place where you can easily find a mentor—a place where alumnae return to volunteer and bolster the next generation of attorneys. Deciding whether law school is worth it is a uniquely personal decision, so find out what’s important to you—and confidently follow your dreams.

Benzene Exposure And Cancer Mechanism Of Toxicity And...

Benzene exposure and Cancer: Mechanism of Toxicity and Carcinogenesis Benzene is the simplest aromatic hydrocarbon that is represented with the formula C6H6. It was discovered in 1825 by a British scientist, Michael Faraday, who extracted it from crude oil by applying pressure, and named it â€Å"Bicarburet of hydrogen†. However, its chemical synthesis did not start until in 1843, Charles Mansfield, discovered a method to extract benzene from coal tar. Since its industrialization, benzene is produced and used in many industrial processes, for instance, the production of plastics, resins, and dyes uses benzene as solvent. Similarly, chemical synthesis of phenol, cyclohexane, ethylbenzene and other aromatic hydrocarbons creates benzene as part of their production. In 1989, the Environmental Protection Agency of USA estimates the national emission of benzene in a total of 34.000 metric tons/ year. (EPA 1989). Identically, in Canada, the national benzene emissions were reduced from 50.860 metric tons/year in 1995 to 14.560 metrics tons/year, mainly due to regulation by The Canadian Council of Minister of the Environment(CCME 2012). Most of the benzene’s occupational exposure occurs during solvent exposure, synthesizing other chemical compounds, and working at oil pipelines, tankers, gasoline pumper, auto repairs shops, and oil refineries (ATSDR 2007). In western countries, such as USA, Canada or the European Union, the occupational exposition to benzene are regulated. ForShow MoreRelatedMolecular Basis Of Biology And Biotechnology4394 Words   |  18 Pages14 3.7 Laboratory analysis of biochemical parameters 15 3.7.1 Liver function test 15 3.7.2 Lipid profiling. 15 3.8 Histopathological analysis: 16 3.9 Antioxidation Analysis: 16 4.0 Plant Functional Properties 16 5.0 Determination of Mechanism of Efficacy and Toxicity of Antidiabetic Compounds 17 5.1 RNA Preparation 17 5.2 Array Hybridisation and Scanning 17 5.3 Data Validation by Quantitative RT-PCR 18 6.0 Management and Processing of Bioassays Data 18 REFERENCES 19 APPENDICES 26 APPENDIX I: WorkRead MoreBhopal Gas Disaster84210 Words   |  337 Pagesliving in the vicinity of the factory are exposed to toxic chemicals that continue to leach from tonnes of waste lying within the UCIL premises causing groundwater and soil contamination. As a result a whole new generation continues to get sick, from cancer and birth defects to everyday impacts o aches and pains, f rashes, fevers, eruptions of boils, headaches, nausea, lack of appetite, dizziness, and constant exhaustion. During the last four years survivors’ organizations have renewed their campaign