Legal Advise Essay Example | Topics and Well Written Essays - 2500 words

Legal Advise - Essay Example MSO  §113(1) hereinafter â€Å"HFCRA†). The question is whether this provision applies here. If it does, then the provision would be regarded as ineffective, therefore void. The analysis of this would begin by analyzing the parties. The parties to the construction contract are Strummer Construction Ltd. and Clampdown Developments, Inc. Celtic Tiger Bank is financing the project, but is not a party to the contract, therefore would be considered to be a third person. Yet, Celtic Tiger Bank is essentially running the show, as their officers would be the individuals who must approve extensions, variations more than ?25,000, loss and expense determinations. If their officers do not approve this, then the party requesting any of the above would not get paid, and the extension of time would not be approved. Therefore, this clause may be invoked, as the CTB is the contract administrator, and is not a third party, and they dictate as to whether or not money will change hands. Moreove r, they are not insolvent, so this clause may hold water. CTB is a third person, yet they are creating the conditions by which both parties must abide. But is this amendment â€Å"A provision making payment under a construction contract conditional on the payer receiving payment from a third person?† Clampdown Developments is the party who is in charge of making payments to Strummer. If Strummer does not comply, then the payments would not be made from CTB to Clampdown Developments, and this, in turn, would cause Clampdown Developments to not make payments to Strummer. The architect was the one who was issuing the offending variations, and, as a result, CTB has refused to pay monies to Clampdown, and, in turn, Clampdown has not paid Strummer. So, it seems that the payment from Clampdown to Strummer is, in fact, conditional upon Clampdown receiving payment from CTB, who is a third person, and that these payments are conditional upon CTB approving them. Therefore, there is the possibility, if a court can interpret this clause in such a way, that the clause would be ineffective. Another issue is whether or not there was even a contract formed anymore, because this Bill of Quantities in effect substantially changed the contract that the parties had already formed. This would be considered to be a counteroffer, which effectively cancels the original offer (Hyde v. Wrench [1840] EWHC Ch J90). However, this situation is similar to that in the landmark case Butler Machine Tool Co. Ltd. v. Ex-Cell-O Corp. Ltd. [1977] EWCA Civ. 9. This is the case that established that, in a battle of forms, the form that was accepted last would the one that controls. Certainly the parties accepted the additional terms, as they performed without objection to the terms. Therefore, Butler controls, and the last form, which is the one that contained the amendment, is the one that formed the contract. So, the amendment would be a part of the contract, if there were not the issue of t he privity of contract and

Buddhism in India Essay Example | Topics and Well Written Essays - 1000 words

Buddhism in India - Essay Example The history of Buddhism spans from the 6th century BCE to the present, starting with the birth of the Buddha Siddharta Gautama (History of Buddhism). India is considered to be the birthplace of Buddhism where Buddha found enlightenment at the age of 35. He then became to be known as Gautama Buddha, or simply "The Buddha", which means "the awakened one" (History of Buddhism). Buddha took much of his inspiration from the Indus Valley religions and traditions. Buddhism flourished in India during the dynasty of the Guptas (4th-6th century). Indian Buddhism weakened in the 7th century following White Hun and Islamic invasions. However, it enjoyed a strong revival under the Pala Empire, in which Mahayana Buddhism flourished between the 8th and the 12th century (History of Buddhism). Some non-Buddhist religion adopted many great things from Buddhism doctrine but spoke ill of Buddhism as well to discredit Buddhism. Some other religious fanatics also have persecuted the Buddhists, a process, which other foreign invaders of India followed until Buddhism was practically driven out of India (Buddhism in India). So by the dawn of the 20th century, Buddhism is limited only in some isolated places in India. Today, India is again appearing on the Buddhist map of the world due to the Angarika Dhammapala of Sri Lanka and great son of India Dr. Babasaheb Ambedkar (Dr. B. R. Ambedkar) the architect of modern Indian constitution. He after studying all existing religions of the world embarrassed Buddhism along with his five lakhs followers on 14th October 1956. Indians are awakening to their Buddhist past. Since then the Indians began to be surprised at the discovery of the Buddhist legacy. To talk of a "revival of Buddhism in modern India" is right in this sense of the discovery of the Buddhist heritage by Indians (Buddhism in India). Jainism, traditionally known as Jain Dharma, is a dharmic religion with its origins in the prehistory of India. There are 9 million people around the world who are Jains today. Jainism was established by Mahavira in about 500 B. C. Mahavira was called 'Jina' meaning the big winner and from this name was derived the name of the religion. (Information on India). Mahavira's full name is Vardhamaan Mahavir, he was born in about 600BC. in the home of Siddharta the King of Kundgraam of Bihar province in India on the thirteenth day under the rising moon of Chaitra. He is considered to be the twenty-fourth or the last Teerthankar of Jainism (Mahavir Swami Nirvana). He became detached from the world on the death of his parents and left his home for the forest at the age of thirty. There he practiced very hard simple life until he attained enlightenment (Mahavir Swami Nirvana).

Cross culture and human resource management 03015 Essay

Cross culture and human resource management 03015 - Essay Example Kennedy (2008) however focus in aspect of competition that urged the business houses to look for new markets and customer groups in order to enhance their scope of business and signified competition as one of the primary drivers in the inclusion of cultural factors in the business domain. Focusing on the functional aspect of the human resource processes of the business, Hampden-Turner (2009) stated that the two most essential roles of the HR managers is to ensure employee engagement and commitment towards their organizational responsibilities. This research is focused on establishing a subsidiary for British pharmaceutical company GlaxoSmithKline in India. The process of developing the subsidiary will undergo through many cultural challenges and analysis of the business environment of India. For the initial market research process, GSK will send some British managers for understanding the process of designing the functions for the India based subsidiary. The group of managers selecte d include 3 male and 2 female individuals out of which the female managers are married and will be travelling with their families. This also brings in the aspect of adapting to the social structure of India for all the managers. The personal reflections of the managers will also be considered in forming the report regarding the cultural environment of India. The responsibilities of the subsidiaries will be mainly related with evaluation of the critical cultural and environmental factors that can influence the operations of GSK. Culture is one of the most crucial aspects of the human behaviour, their decision making processes and choices made while taking actions for fulfilling their goals. Based on this assumption the observation of Bate (2008) highlighted that culture influences the decisions and behaviour of a group of people and forms the basis of differentiation of one group from another. Thus, culture can consider as means for segregation of the global population based on their

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

Marketing - fainal - - Essay Example The competition in the retail industry is tough. Especially in the grocery sector where Tesco is competing because margins continue to shrink with more and more players entering the industry that intensified the already competitive environment. In order to survive and thrive, retailers have to add value to their customers otherwise perish in the competition. To add value, discounting for product does is not that potent work anymore. This marketing implement has its limits also because if frequently used, retailers will enter in a destructive cycle of cutting each other’s throat with the diminishing margins wrought by excessive discounting. In addition, excessive discounting might negatively affect the image of the retailer as â€Å"cheap† and thus, undermining its position to sell at a premium. In the case of Tesco, they employed several unique approaches in adding value to their customers. First is differentiation, or creating new selling proposition that would be differentiate the retailer from its competitors and be successful in the market. Second is the strengthening of the infrastructure of its customer service delivery to enable the retailer to better satisfy its customer as a value adding proposition. With differentiation, Tesco concentrated on the â€Å"white space market† when it entered the United States retailing industry. Many experts predicted that Tesco cannot replicate its success in the US retail market because the industry is already saturated. But instead of competing head on with the established retailers such as Walmart, Tesco differentiated itself by offering the added values of good food, good value, convenience and environmental sensitivity to the American consumer (Lowe and Wright, 2010). Also, Tesco invested in intangible value adding facilities that would enable it to better serve its customers with enhanced customer service as a value proposition. It invested heavily

CAPITAL INVESTMENT ANALYSIS - TWIN FALLS HOSPITAL Article

CAPITAL INVESTMENT ANALYSIS - TWIN FALLS HOSPITAL - Article Example Reduction in the sales would require a strategy to increase their revenues - setting up an outpatient centre so as to increase the revenues earned. If the hospital opened a centre for outpatient surgeries, they would help increase the revenues. This would create a balance as the inpatient surgeries earned the community hospital less revenue and the outpatient surgeries would bring in more revenue. (Muth, 2002). To avoid competition, it was advisable to market their outpatient centre and ensure that all their patients realized that they now conducted outpatient surgeries so that all people in the area could visit the community hospital more than other hospitals in the area. This would lead to an increase in total net income for the hospital a they marketed their new centre. If the community hospital invested in the total amount put in, as shown above, due to fluctuations in the prices of equipment each year, they would expect $11,223,557.62 if they increased the amount at rate of 3% per year due to irregularities. The best they could get from the invested amount per year if the rate increased the same way would be $11,483,660.76. The worst case if the rate of income due to irregularities became lower at the same rate per year would be $9,591,959.65. The worst scenario in the analysis above would help the community hospital to gauge whether or not they were willing to bear the risks from the invested amount. The worst case would happen if there were other hospitals in the area that offered more quality services for their outpatient surgeries thus posing great competition for Twin Falls. Another loss would occur if the prices of equipment increased at a very high rate in a year thus leading to more charges for everything they require to purchase. Also, if the market of outpatient surgeries decreased over the years, which was very unlikely, they would have the worst case scenario. The worst case scenario analysis would enable the hospital

Assignment 4 Example | Topics and Well Written Essays - 250 words - 8

4 - Assignment Example It is vital during data collection for the researcher to perform the criteria to know the best languages to be during the interview. Conversely, it requires translator, who are difficult to get. Psychological analysis is a way of measuring ones performance on a job in a standardized and objective manner. It uses a test score used to establish an individual’s performance, for instance, an examination for students. The advantage of the process is that the assessment enables the researcher to determine the abnormal and normal personality. On the contrary, there are individuals who can perform a duty so well without being subjected to such tests when it comes to practicality. Questionnaires are applicable in scenarios that require sentences response to an event or an utterance’s interpretations that are contained in the description of the event. Its advantage is that it is not so expensive and can quickly be direct to many participants (Schauer, pg 8). Its disadvantage is that only written and specific instructions can be to the participants, which also rely on the participants’ imaginations. It is the use of surveys or questionnaires to examine attitudes in individuals as various measures are used to determine what causes likes and dislikes in people. Its merit is that it provides designed portfolios with additional information on how to check on attitudes. On he other hand, its demerit is that its accuracy will only depend on the collected data even if it’s a false statement. Oral discourse elicitation is a data collection technique that allows researchers highly to control the context type of events they intend to extract as they research on data that is oral. Elicited imitation includes role-plays and conversations. The merit of conversations done orally is that they provide data orally. On the other hand, role-play is advantageous in that the participants are the events’ details. Their main demerit is that they don’t

Participate in work environment (childcare) Essay

Participate in work environment (childcare) - Essay Example This exposure has helped me adjust to different personalities to achieve harmony in my relationships. 2. rapport-building skills – in relation to the first skill, I have learned to build rapport with people when I meet them for the first time. With children, I have also learned of strategies to help them feel at ease with me and new situations. - upon learning of the information, I shall disclose it to the trained child worker right away. If the center’s policy is for Aunty Sue to show proper identification, then it has to be validated by the authorized supervisor What would your response be to these three problems? Use the problem-solving steps from the unit to assist you in answering these problems. Refer to Summerville Children’s Centre policies and procedures. (a) We have had three parents collect their children after closing this month. All have been about 20 mins late. Late shift staff are getting tired of the unpaid overtime and the ramifications for their night when they are now late for their after-work roles. First, I need to consider the facts. There have been instances of parents picking up their children late form the centre, causing some staff to extend their time at work just to watch the children. The children are likewise upset for being the only ones left in the centre. Such a situation is undesirable and needs to be addressed and resolved. Much as I understand that there are times parents will be late, it is unacceptable to make it a habit. I will explain the situation to the tardy parents and recommend that in the next likely event that they will be late, they should inform the centre beforehand so the staff in charge will be able to plan an alternative schedule. The staff worker may agree to wait for a certain period. If the parent will not come on time, then that will be a point against him or her and the centre will warn the parent that enrolment privileges of the child may be revoked due to habitual tardiness