That Was Then This Is Now :: essays research papers

The 70’s way of life was sans wild, and uncontrolled. Young people did anything they desired. They celebrated, took things, sold medications, and partook in posse battles. Today, young people are increasingly restrained and have more limitations. Guardians and police know about teenager’s lies and trick’s and their investment in perilous exercises. As indicated by S.E.Hinton’s tale, That Was Then, This Is Now, the opportunity young people have in today’s society is similarly not exactly the opportunities experienced by youngsters in those days. The fundamental characters in the novel, Mark and Bryon which is contrasted with encounters commonplace youngsters today experience. With, all the obligations most guardians had in those days, it appeared their youngsters weren’t a need. Most, guardians permitted their kids to go out to do what ever the youngsters needed. Youngsters could walk openly with companions with no management. On the off chance that young people were harmed in battles guardians wouldn’t trouble to mind. Guardians in those days didn’t understand the dangers and wellbeing worries of the outside world. Guardians would permit their kids to go with companions, making no limitations on check in time, or the action they were participating in. Guardians were likewise up to speed in the more significant things throughout their life for instance working extended periods of time to put food on the table and give haven and garments to their relatives. In the novel Bryon acknowledged and expressed â€Å"Mom never stressed over Mark and me,† Pg 105. Today, guardians are progressively mindful of the threats that can influence their kids on account of data from T.V news reports and media. Guardians likewise dread for the security of their youngsters and on the off chance that they are engaging with an inappropriate companions so they have consistent reconnaissance. ie. PDAs â€Å"firefly,† and Internet Chat. The observation of police in the previous 40 years has definitely expanded. Police were ignorant of the impacts adolescents could have on society. Policed accepted that young people were still children and couldn’t cause a ton of difficulty. The epic demonstrates that police didn’t stress over watching or scanning for inconvenience that may include adolescents in light of the fact that Bryon said â€Å"The police didn’t think about the hipster house, it was safe,† Pg 121. Cops or police didn’t stress or feel that teenager’s would do terrible things to influence others or themselves. Police had less observation over posses and lawbreakers. At present, police are continually watching the shopping centers, roads, and schools scanning for groups and fierce or medicate related circumstances.

Rheumatoid Arthritis :: essays research papers

     Rheumatoid joint pain is an immune system sickness that sauses ceaseless irritation of the joints. Rhematiod joint inflammation can likewise cause irritation of the tissue around the joints, just as different organs in the body. Immune system sicknesses are diseases which happen when the body tissues are mjistakenly assaulted by its own resistant framework. The insusceptible framework is an unpredictable association of cells and antibodies planned regularly to â€Å"seek and destroy† intruders of the body, especially diseases. Patients with these sicknesses have antibodies in their blood which focus on their own body tissues, where they can be related with aggravation. Since it can influence various different organs of the body, rheumatoid joint pain is alluded to as a fundamental sickness and is here and there called rheumatoid ailment.      While rheumatoid joint pain is a constant ailment, which means it can keep going for a considerable length of time, patients may encounter extensive stretches without side effects. Regularly, in any case, rheumatoid joint pain is a dynamic sickness that can possibly cause joint obliteration and useful inability. A joint is the place two bones meet to permit development of body parts. Joint inflammation implies join aggravation. The join irritation of rheumatoid joint pain causes expanding, torment ,solidness, and redness in the joints. The irritation of rheumatoid illness can likewise happen in tissues around the joints, for example, the ligaments, tendons, and muscles.      In some patienst with rheumatoid joint inflammation, ceaseless irritation prompts the annihilation of the ligament, bone and tendons causing disfigurement of the joints. Harm to the joint can happen right off the bat in the malady and be dynamic. Additionally, contemplates have demonstrated that the dynamic harm to the joints doesn't really connect with the level of torment, firmness, or expanding present in the joints.      Rheumatoid joint pain is a typical rheumatic infection, influencing in excess of 2,000,000 individuals in the United States. The ailment is multiple times progressively regular in ladies as in men. It harasses individuals of all races similarly. The illness can start at any age, however frequently begins after age forty and before sixty. In certain families, different individuals can be influenced, recommending a hereditary reason for the turmoil.      The reason for rheumatoid joint pain is obscure.

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The Fast Food Restaurant Mcdonalds - 1713 Words

The fast food restaurant McDonalds and a Walmart Super Center were selected for the observations for the following reason: I engage in this service almost every day, therefore, this sphere seems very familiar. I was not overly impressed with either company. However, both of them are convenient and inexpensive so they end up being my choice on a daily basis. Besides, in the conditions of tough competition, the managers of fast food restaurants are forced to imply more and more refined strategies to attract new customers and succeed in business. It is valuable to observe which strategies give the best results and which fail to provide the expected outcome. In some service encounters, the company approaches the customer with the most†¦show more content†¦Marketing consists of efforts to push products in the market. Looking into the management mindset of these organizations, we usually find a interest in cutting costs, increasing quantity and decreasing service time. The need for speed is important: Competition is usually closing in with similar products, fast delivery, and lower prices. In this kind of competitive scenario, profit margins are thin and companies succeed only through continual increases in volume. So far so good, but if we look into the management of an organization, we find a different way of thinking that doesn’t help improve service quality. Frontline service employees, trained to follow all procedures, and encouraged by management to achieve more results in less time, find themselves answering a phone, opening the mail, or meeting the next customer in person saying to themselves, â€Å"I hope this next customer isn’t a pain in my neck! Customers with questions and unusual requests generally require increased time, lead to increased errors, and can result in a slowing down of the system. Small wonder many customer requests for anything out of the ordinary are met with retort. Leading many employees to say â€Å"We do not do it that way† or â€Å"That is not how our procedures work here.† Marketing Mix of McDonalds The marketing mix of McDonalds consists of the various elements in the marketing mix which form the core of a company’s marketing system

Is Coca Cola Company A Multinational Enterprise - Free Essay Example

Sample details Pages: 11 Words: 3216 Downloads: 9 Date added: 2017/06/26 Category Marketing Essay Type Argumentative essay Did you like this example? A multinational enterprise (MNE) or multinational corporation (MNC) is a company that has headquarters in one country but has operations in other countries. Dunning (1993 cited in Wall, S. Minocha, S. Don’t waste time! Our writers will create an original "Is Coca Cola Company A Multinational Enterprise" essay for you Create order Rees, B., 2010), defines a multinational as a firm that engages in foreign direct investment (FDI) and owns or controls value-adding activities in more than one country. Table 1 below shows the top ten multinationals according to the value of foreign assets they control. Table 1: Worlds top ten multinationals ranked by foreign assets Foreign assets Company Country Industry 1 General Electric USA Electrical and Electrical Equipment 2 British Petroleum UK Petroleum 3 Toyota Motor Japan Motor Vehicle 4 Royal Dutch/Shell UK Petroleum 5 Exxon/Mobil Corporation USA Petroleum 6 Ford Motor Company USA Motor Vehicle 7 Vodafone Group plc UK Telecommunications 8 Total France Petroleum 9 Electricite de France France Electricity, Gas and Water 10 Wal-Mart Stores USA Retail Source: Wall, S. Minocha, S. Rees, B., 2010, p29 1.2 Is Coca-Cola Company A Multinational Enterprise? The Coca-Cola Company indeed is an MNE because it operates a headquarters in Atlanta, Georgia with other local operations in nearly 200 countries around the world. Coke succeeded as a multinational because of its understanding and appeal to global commonalities (Rugman, A. M. Collinson, S., 2006). The firm has implements three principles that are assigned to make it more locally responsive, the three principles are: Table 2: Coca-Colas three principles Principles Description Operates on a local scale The company modifies its operations to meet local need and institutes a strategy of think local, act local. Country-by-country basis It focuses itself as a pure marketing company and pushing its brands on a regional basis and local basis rather than a worldwide basis. Integrates with local environment Coke is now working to become a model citizen by reaching out to local communities and getting involved in local activities Source: Rugman, A. M. Collinson , S., 2006 1.3 Background of The Coca-Cola Company A carbonated beverage called Coca-cola or often referred as Coke is the worlds largest beverage company and the best-known brand in the world. Coca-Cola Company has operated for 124 years since 1886. Coca-Cola was invented by a pharmacist in Atlanta, John Pemberton and he has become one of the global market leaders in the beverage industry (iloveindia.com). The Coca-Cola Company offers over 400 different brands in more than 200 countries worldwide (Reference for Business-Company History Index, 2010). Coca-Cola serve a wide range of beverages, including diets and light soft drinks, water, juice drinks, teas, coffees, sports drinks and energy drinks (The Coca-Cola Company-2004 environmental report). The operating global business was organized into five geographic Strategic Business Units: Africa; Asia; Europe, Eurasia and Middle East; Latin America; and North America (The Coca-Cola Company-2004 environmental report). Coca-Cola has set a standard mission and vision as a roadmap to guides every aspect of the business in order to continue achieving sustainable and quality growth (The Coca-Cola Company, 2006-2010). Table 3: Coca-Colas mission and vision Mission To refresh the world To inspire moments of optimism and happiness To create value and make a difference Vision People: be a great place to work where people are inspired to be the best they can be. Portfolio: bring to the world a portfolio of quality beverage brands that anticipate and satisfy peoples desires and needs. Partners: nurture a winning network of customers and suppliers to create mutual and enduring value. Planet: be a responsible citizen that makes a difference by helping build and support sustainable communities. Profit: maximize long-term return to shareowners while being mindful of the company overall responsibilities. Productivity: be a highly effective, lean and fast-moving organization. Source: The Coca-Cola Company, 2006-2010. The company us es logistics and value chain strategy to accomplish its mission and vision. 2.0 Logistics strategies According to the Council of Supply Chain Management Professionals a professional organization for logistics and supply chain management (SCM) professionals, logistics is defined as: the process of planning, implementing and controlling the efficient, effective flow and storage of goods, services and related information from point of origin to point of consumption for the purpose of conforming to customer requirements Supply Chain Asia, 2006 Logistics plays a crucial role in getting the right amount of the right products to the right place at the right time and at the lowest possible cost to the customer (Rosenbloom, B., 2004). The activities include transportation, materials handling, inventory management and warehousing. 2.0.1 Transportation Transportation is the main component in logistics. Each mode of transportation is different in terms of its speed, reliability, cost, route flexibility and the products it can carry efficiently and effectively (Reference for Business-Encyclopedia of Business, 2010). Coca-Cola uses trucks as their primary delivery mode for their finished products in every country they operate because it has the greatest route flexibility, could deliver faster at a lower cost and can carry a wide range of products. The company has their own trucks which provide unique distribution that cannot meet by the common carries. The type of distribution mode employed depends on the complexity of the market. For instance, the India market is complex. As such the distribution fleet include different distribution mode is required, from 10-tonne trucks to open-bay three wheelers that can navigate through narrow alleyways of Indian cities, such as tricycles and pushcarts (Hindustan Coca-Cola beverage private li mited, 2007). In Uruguay, a small, efficient ZAP trucks for delivery in urban areas because large vehicles are challenging with parking shortage and traffic congestion (Marketwire, 2010). 2.0.2 Warehousing and material handling Coca-Cola warehouses were built close to the retailers as a strategy to reduce transportation costs. Customers also can be served quickly from stock located in a nearby warehouse. In the past, China warehouses usually designed were big but waste of space and low efficient (Logistics in China: Theory and Practice, n.d.). Large handling equipment such as forklifts are not popular in China because most managers think manpower as handling and it is cheaper. China lack of labour supply hence it will take a long way for the automation of material handling. (Logistics in China: Theory and Practice, n.d.) Nowadays, modern logistics center began to build in China. Warehouses were built with high racks, pallet and forklift system; distribution become much higher in efficiency (Logistics in China: Theory and Practice, n.d.). Due to high pallet storage requirement and limited on-site space in Australia, a 32m tall high bay was designed and a crane fed automated storage and retrieval syst em was installed (Case Study-Coca-Cola Amatil, Australia, n.d.). The automate docks with an automated conveyor-driven delivery system used to perform all the loading and unloading, thereby eliminating safety issues associated with manual handling and enhanced material handling efficiency (ICA, n.d.). 2.0.3 Inventory control Ideally, firms want to keep inventory at the lowest possible level and place orders for goods in large quantities. Placing the fewest possible orders enables the firm to minimize ordering costs. (Rosenbloom, B., 2004.) Companies make sure it has the right amount of inventory to meet customer requirements and avoid problems such as out-of-stock. In China, lack of concept about inventory cost causes companies to keep inventory as much as possible to avoid short of supply. Coca-Cola in China try to avoid this situation by practicing just-in-time (JIT) inventory system as practiced by Great Plains Coca-Cola Bottling Company in North America; it successfully reduced the inventory costs and improved the efficiency of product distribution process. (Logistics in China: Theory and Practice, n.d.) 3.0 Value Chain Strategies Value Chain is a series of activities whereby a company converts inputs to finished products by adding value at each stage. Coca-Cola used the concept of value chain analysis introduced by Michael Porter as a tool to analyze the sources of competitive advantage and to identify ways to create more customer value (Outsourcing direct, 2006). Diagram 1: The Value Chain Framework Source: Outsourcing direct, 2006 Diagram 2 shows the manufacturing process in the Coca-Cola Company which consists of suppliers, the coca-cola system and distribution. Diagram 2: Coca-Colas manufacturing process Source: 2008/2009 sustainability review. 3.1 Primary Activities 3.1.0 Inbound logistics Inbound logistics are the beginning of Coca-Colas value adding inputs. All beverages are made of high-quality ingredient and it adds value to the products through enhanced taste and nutritional value. The majority of inputs for Coca-Cola products are from local suppliers because there are certain food ingredients are not allow in the country. For example, with implementation of the Canada-United States Free Trade Agreement, ingredient such as caffeine and saccharine is not allowed to ship across the Canada-United States border because of differences in ingredient regulations. (Strategic Analysis Of The Coca-Cola Company, 2007). 3.1.1 Operation Operations are activities that transform inputs into finished products. An appropriate level of automation is on of the strategy taken to minimize costs in the operations. Coca-Cola in home country sent their expertise to other countries so that it meets the minimum standards. For instant, in the early 1980s, Coca-Cola was unable to locate any plant in China that produced glass bottles to the standards required by the company. So Coca-Colas headquarters in Atlanta sent a small team of glass technologists to China to improve the quality of the bottles with high technical levels. (Economic Impact of the Coca-Cola system on China, 2000) All production plants frequently meet local regulatory requirements and undergo regular audits in the areas of quality control, environmental, health and safety practices (Coca-Cola Bottling Indonesia, 2004). To align with Food and Drug Administration (FDA) safety and quality requirement, quality control technicians checked and tested the water freq uently to make sure the beverages are safe to drink. All bottles are washed, rinsed electronically, filled automatically and seal automatically to keep hygiene in every processes (Coca-Cola Bottling Indonesia, 2004). Considering the environmental protection regulations, China restricts the volume of packaging material to save resources and decrease pollutions. Therefore, most of the packaging is returnable and is made from recycled materials. At the same time reduce the costs of packaging. 3.1.2 Outbound Logistics Outbound logistics focus on managing the flow and distribution of finished products to consumer. The outbound logistic department performs an exceptional duty in Coca-Cola which includes effective shipping process to provide quick delivery and minimize damages, efficient finish goods warehousing processes, shipping of goods in large pallet to minimize transportation costs and quality material handling equipment to increase order picking (Strategic Analysis of The Coca-Cola Company, 2007). In China, Coca-Cola handles distribution primarily through direct store delivery (DSD) as a strategy to increase inventory turns and to reduce operating expenses as products are delivery directly to retail store. Besides that, it often reaches consumers through local Chinese distributors, who have greater knowledge of wholesaling in China and deep familiarity with the localities (Economic Impact of the Coca-Cola system on China, 2000). Furthermore, Coca-Cola tends to increase the fuel effici ency of the systems fleet by using electric-powered trucks in Uruguay, powering delivery truck in Mexico and diesel-electric hybrid truck fleet in North America (The Coca-Cola Company, 2006-2010). 3.1.3 Marketing and sales Marketing is vital in helping Coca-Cola to determine the competitive scope of its value adding activities (Strategic Analysis of The Coca-Cola Company, 2007). In the long term, cultivating local sales and marketing knowledge is a key success for any international business in foreign country where they operate (Economic Impact of the Coca-Cola system on China, 2000). Think local, act local, is the mantra that coca-cola follows. Consumer demand and characteristics is changing, thereby constantly re-evaluate is a strategy used to analyse how the distribution system will bring the brands to where consumers are able to make their purchases. In China, Coca-Cola has given the local mangers to control over the marketing and service operation who knows the company bottling system and the regional market so that products could be better tailored to the local tastes. For instant, the greatest opportunities for distribution of consumer goods may be in supermarket. However supermarkets in China are often far from consumers and not nearly important as they are in developed economies. Nevertheless, consumption in bars or restaurants are much faster than other channels. (Economic Impact of the Coca-Cola system on China, 2000) Coca-Cola attempted to support local activities as strategy to succeed and increase sales. For example, Coca-Cola Japans new product I LOHAS was launch with an innovative campaign called CRUSH ECO that demonstrates how consumer choice can affect carbon footprint and increasing desire to help solve environmental issues (The Coca-Cola Company, 2006-2010). 3.1.4 Services Customer service is part of the value adding activities and Coca-Cola strive to improve their customer service. The integration between the local bottlers and delivery to customers is crucial to the companys overall efficiency and keeping the customers satisfied (Coca-Cola Case Study, 2010). Therefore, an e-commerce system is taken into account of all the local bottlers in the world. Direct Store Delivery (DSD), full-service vending and equipment services are key components of bottlers operations in North America (Coca-Cola Case Study, 2010). DSD allows specific sites to transmit customer information to distributors and with the specific data it helps to improve delivery productivity and reduce cost. With the integration, stores can more easily respond to their comprehensive range of customer requests (Coca-Cola Case Study, 2010). 3.2 Support activities 3.2.0 Firm infrastructure The legal system in each country brings a major impact to company when preparing the financial statements. Different accounting standard is used in different country. However, Coca-Cola has a single environment for making financial data readily accessible to executive management worldwide (Strategic Analysis of The Coca-Cola Company, 2007). Coca-Cola has implemented mySAP financials and mySAP Business Intelligence into their business in order to handle the financial processes of the corporation (Strategic Analysis of The Coca-Cola Company, 2007). These IT is fully implemented in the companys headquarters, and every field location is equipped with internet capabilities so that information can be given to and looked up from the centralized site (Coca-Cola Case Study, 2010). 3.2.1 Human Resource Management People are the important asset to the company. To prevent the host government from interfering, Coca-Cola fully integrated with the local economy by developing good relations with the government, carrying out extensive local research and development, and hiring local people (Wall, S. Minocha, S. Rees, B., 2010). For example, the company has partnerships with the Chinese government and domestic companies to generate a strong market presence. There are also a number of local training initiatives catering to particular regional needs. In China, cultivating human resources means supporting the education system and therefore Coca-Cola has established a Soft Drink Training Center which cultivated both technical and business skills throughout the Chinese industry (Economic Impact of the Coca-Cola system on China, 2000). In India, preparing for future leaders would be the key challenges within the organization. Graduate Trainee Program is developed for young professional in order to pr epare competent, dynamic and dedicated future leaders (Coca-Cola Bottling Indonesia, 2004). 3.2.2 Technology Development Technology development is important as it supports the entire value chain. The rapidly changing technology such as automation, supply chain management and packaging technology has a tremendous impact on the way Coca-Cola does their business worldwide (Strategic Analysis of The Coca-Cola Company, 2007). Research and development (RD) is the core commitment and strategies are being modified in efforts to allow more freedom to local operating divisions (Thinking Made Easy, 2010). Coca-Cola is investing in technology product and process as new sources of competitive strength (Strategic Analysis of The Coca-Cola Company, 2007). Coca-Cola developed more new products to suit the customer needs and adapted new techniques to improve the existing methods of conducting value added activities (Strategic Analysis of The Coca-Cola Company, 2007).. 4.0 Future changes in logistical and value chain strategies Future is always unpredictable however there are some key developments that can be identified for the next few years. Changes in the macro-environment such as new government policies, economic development, new technology and demographic changes will affect the organization process system. Hence, Coca-Cola needs to constantly analyze the business environmental and respond to the changes. Companies have to adapt the new laws or policies create by the government. For food and beverage industry, governments might pressurize firms to follow the law on food safety. In China, new law stipulates that all food has to reach the safety standards and start adopt new food license. There have been cases reported in India that Coca-Cola beverage was contaminated with lead, pesticides and benzene. To address these food safety and regulatory issues, Coca-Cola has to continue check and test the content of the drink and implement The Coca-Cola Quality system throughout the system to increase the a wareness of the importance of food safety, not only in manufacturing but also throughout the entire supply chain. (Strategic Analysis of The Coca-Cola Company, 2007) Besides that, on-going inflation has affected the costs of operation as well as the spending power of consumers. Consumers may buy less or switch to cheaper substitutes. In order to maintain sales and to keep the customers, the company has to allot a bigger budget for innovative advertising, promotion and marketing activities. High percentage of revenues came from outside of the United States. Hence, foreign-currency changes may impact on the reported earnings. Translation exposures arise as many of the operations have functional currencies. To overcome this problem, Coca-Cola may adopt operational or financial hedging strategies which involve forward-exchange contracts and currency options in several countries. Trends in beverage consumption might change as more and more consumers are adopting a healthy lifest yle. Sweetener drinks are the main source of calories and it will be harmful if consumed excessively. Nutritionist advice consumer not to consume too much soft drink such as Coca-Cola because sugar contained is high. The coca-cola company has to respond to this trend by reformulating their products. For instance, it has to reduce the sugar content in its products or integrate it with fruit juice. There are some complains claims that the bottles operation cause local water polluted and serious water shortage in India. Therefore government will restrict the amount of water used in the bottling company. The company used approximately 300 billion liters of water in their plants to produce beverages. To meet their water needs while helping to conserve water shed and improves community water access; planning use of water efficiency is needed to manage the water resources wisely. Technology is getting advanced hence make great changes to logistics and value chain. It is an importance source of competitive advantage. The company has to keep update with new technologies and seek to initiate technical changes. Changes in technology will bring major improvement in the logistics and manufacturing operations. For example, MileMaker, a trucks routing system that generate accurate point to point routes, mileages and maps across the world. With this MileMaker, Coca-Cola can minimize operating costs while maximizing on-time delivery. (Rand McNally, n.d.) 5.0 Conclusion The Coca-Cola Company has applied a multinational strategy and has shows a great success. Think local, act local is the mantra that Coca-Cola follows and has designed a value chain that gives each countrys operations the discretion to respond to its local cultural, legal, political and economic environments. Coca-Cola creates value through proactively engaging its retailers at technically every level of the value chain from raw materials down to end-products (Thinking Made Easy, 2010). There will be more challenges in todays marketplace due to internal and external environment changes. The world is changing and Coca-Cola must look ahead, continuously look for new ways of doing business in the coming years; understand the trends and analyze areas to be concern hence add value beyond the products in order to survive over the next ten years and beyond (The Coca-Cola Company, 2006-2010). (Word count: 2601)

Why Is Cloud Computing - 1531 Words

Moving from physical machines to Virtual machines can be a daunting task and many companies will take into account unforeseen issues that can be mitigated but there are instances that issues will arise and there are tested and tried methods available to move from physical to Virtual machines as well as hosting your own virtualized cloud. We are going to talk about some of the deployment methods as well as how cloud computing is going to be beneficial for the organization to include traditional Computing and our own computing. Will also contrast how major companies such as Amazon and IBM perform their migration and how companies will perform the migration on their own without their help. Next we will examine a few challenges as well as security concerns that might arise due to hosting your own cloud and migrating from Legacy servers and physical servers into newer virtualize machines. The organization could utilize several features available to migrate and deploy to cloud services. There are many options available depending on what cloud provider is available as well as implementing software available in VMware or Horizon View as well. when it comes to migrating physical servers to Virtual servers I feel as though it is best to implement a feature of replication from physical devices into the virtual devices so that Information is being relayed in real time. This also allows for consistency of information to be relieved from the primary site to a disaster site in the eventShow MoreRelatedCgs 2060 Assignment Example1293 Words   |  6 PagesCons of Cloud Computing Alexandra Hidalgo 2/15/13 Table of Contents Introduction: 3 Discussion: 3 Conclusion: 6 Bibliography 8 Introduction: With the unprecedented growth and spread of information, there is no wonder why large Information Technology companies have been investing in the â€Å"cloud†. 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The interesting thing about cloud computing is it did not start as a technology for the business enterpriseRead MoreRhetorical Analysis Of Cloud Computing For Increased Business Value By Abdulaziz Alijabre Essay1624 Words   |  7 Pagesfollowing rhetorical analysis, I will analyze â€Å"Cloud Computing for Increased Business Value† by Abdulaziz Alijabre. Alijabre received his Doctorate degree in Computer Science and Engineering from the University of Bridgeford and is currently a CEO of System security solution company. Alijabre has written numerous articles and â€Å"Cloud Compu ting for Increased Business Value† was written in January 2012. This article gives a perception of how using cloud computing can be beneficial and yet create obstaclesRead MoreCloud Computing Security : Context Essay1504 Words   |  7 PagesCloud Computing Security Context Everyone has an opinion on what is cloud computing. It can be the ability to rent a server or a thousand servers. It can be the ability to rent a virtual server, load software on it, turn it on and off at will. It can be storing and securing large amounts of data that is accessible only by authorized applications and users. Cloud computing can be the ability to use applications on the Internet that store and protect data while providing a service anything includingRead MoreThe Definition And History Of Cloud Computing Essay1644 Words   |  7 PagesABSTRACT This paper explores the definition and history of cloud computing. Cloud computing began in the 1950’s with a theory known as time sharing. This allowed for the sharing of computers so that consumers could get the benefits without the costly expenses that came with it (Pullen, 2015). 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This article gives a perception of how using cloud computing can be beneficial and yet create obstaclesRead MoreThe Cloud Of Cloud Computing1593 Words   |  7 PagesThe Future is in the â€Å"Clouds† The world has recently adopted a new approach to computing – cloud computing. It is a particularly new model of computing, where databases are stored and operated somewhere in a cloud. Mell and Grance (2011) define cloud computing as â€Å"a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned and released with minimal management effort or service provider interaction† (p.Read MoreThe Banking Industry And Cloud Computing Essay1701 Words   |  7 PagesBanking Industry and Cloud Computing Banks are facing increased pressure to streamline their current processes and trim operating costs, while also responding to more demanding, digitally connected customers (Adams, 2012). Many banks are even looking at new technologies and IT delivery models such as cloud computing to help address these issues. Banks have many reasons to like the cloud, such as cost efficiency, standardization and consistency (Dragon, 2013). Banks are embracing the cloud more and more

Self-Esteem and Child Development free essay sample

Do you agree with Gever Tulley that the increasing safety regulations for children are limiting children’s opportunities to interact with the world around them? Why or why not? The increasing safety regulations for children are limiting children’s opportunities to interact with the world around them, because we’re moving away the child from real world. Anyway, the children are always going to figure out how to do the most dangerous thing they can. Moreover, we prevent our kids relate to reality and interact with the outside world. 2. What can children learn from playing with fire? Children can learn playing with fire many things, like; the child will learn to control this natural element. The child can learn how take control of fire, he can learn about intake, about combustion, about exhaust. Addition, the child will not feel the attraction of playing with fire. 3. Which of the â€Å"dangerous things† do you think would most beneficial for children? Why? The most dangerous things beneficial for children is the number three: throw a spear; because this is an important exercise in child health, as any given muscle adds strength to the whole system and that applies to your brain. We will write a custom essay sample on Self-Esteem and Child Development or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page On the other hand these practice stimulate the frontal and parietal lobes, which have to do with visual acuity, 3D understanding, and structural problem solving, so it gives a sense, it helps develop their visualization skills and their predictive ability. These kinds of target-based practice also help kids develop attention and concentration. 4. What role do you think parents should play in helping their children explore the world? How can parents protect their children and let them explore? The role that parents should play in helping their children explore the world is, parents should accept their children experiment with dangerous things, but under the care of parents, so parents are helping their children to explore the world. Parents can protects their children and let them explore, like when their children are exploring the outside world, experimenting with dangerous stuff to better understand the world, parents must be beside their children, supporting them, guiding them, and protecting them too. When children are exploring parents must indicate their children to the point that they can explore, of this way they do not suffer any accident.

The Telephone System Essay Example For Students

The Telephone System Essay The Telephone SystemThe telephone is one of the most creative and prized inventions in theworld. It has advanced from its humble beginnings to its wireless communicationtechnology today and for the future. The inhabitants of the earth have longcommunicated over a distance, which has been done by shouting from one hilltopor tower to another. The word telephone originated from a combination of twoGreek words: tele, meaning far off, and phone, meaning voice or sound, andbecame the known term for far- speaking.A basic telephone usually contains a transmitter, that transfers thecallers voice, and a receiver, that amplifies sound from an incoming call. Inthe transmitter there are two common kinds of transmitters: the carbontransmitter, and the electret transmitter. The carbon transmitter uses carbongranules between metal plates called, electrodes, with one consisting of a thindiaphragm that moves by pressure from sound waves and transmits them to thecarbon granules. These electrodes conduc t electricity flowing through thecarbon. The sound waves hit the diaphragm causing the electrical resistance ofthe carbon to vary. The electret transmitter is composed of a thin disk ofmetal-coated plastic held above a thicker, hollow metal disk. This plastic diskis electrically charged, and creates an electric field. The sound waves fromthe callers voice cause the plastic disk to vibrate, changing the distancebetween the disks, thus changing the intensity of the electric field. Thesevariations are translated into an electric current which travels across thetelephone lines. The receiver of a telephone is composed of a flat ring ofmagnetic material. Underneath this magnetic ring is a coil of wire where theelectric current flows. Here, the current and magnetic field from the magnetcause a diaphragm between the two to vibrate, and replicate the sounds that aretransformed into electricity. We will write a custom essay on The Telephone System specifically for you for only $16.38 $13.9/page Order now The telephone is also composed of an alerter and a dial. The alerter,usually known as the ringer, alerts a person of a telephone call, created by aspecial frequency of electricity sent by the telephone number typed in. Thedial is the region on the phone where numbers are pushed or dialed. There aretwo types of dialing systems; the rotary dial, and the Touch-Tone. The rotarydial is a movable circular plate with the numbers one to nine, and zero. TheTouch-Tone system uses buttons that are pushed, instead of the rotary that sendpulses. The telephone was said to be invented by many people. However, thefirst to achieve this success, although by accident, was Alexander Graham Bell. He and his associate were planning to conduct an experiment, when Mr. Bell spiltacid on himself in another room, and his associate clearly heard the firsttelephone message: Mr. Watson, come here; I want you. Although AlexanderGraham Bell had invented the telephone, his case had to be defended in courtmore than 600 times for this to be proven. After the invention of the telephone, many other great technologicaladvances were made, which boosted the telephone into a worldwide affair. Thefirst great advance was the invention of automatic switching. Next, longdistance telephone calls were established in small steps. For example, fromcity to city, across a country, and across the ocean. Following this, underseacable and satellites, which made it possible to link points halfway around theearth sounding as if from next door. Finally, by adding three digit area codes,all phone calls, either to next door or around the world, could be done by thecaller. The first telephone company to establish a telephone industry was theBell Telephone Company, in 1877, by Alexander Graham Bell. This did last forsometime, however, independent telephone companies were started in many citiesand small towns. By 1908, many customers were being served by a new companycalled ATT, which eventually bought out the Bell Company. Since it was costlyto have the wires run to a household, many residential people often shared lines,which is called a party line. Although these lines were cheaper for thecustomers, it was a nuisance because only one person could use the phone at atime, and other households could listen in on the calls. Finally, the price oflocal calls was relatively low, however, long-distance calls were placedrelatively high when compared to the local telephone bill. .u429264cd15689aad4f8989f28deffd94 , .u429264cd15689aad4f8989f28deffd94 .postImageUrl , .u429264cd15689aad4f8989f28deffd94 .centered-text-area { min-height: 80px; position: relative; } .u429264cd15689aad4f8989f28deffd94 , .u429264cd15689aad4f8989f28deffd94:hover , .u429264cd15689aad4f8989f28deffd94:visited , .u429264cd15689aad4f8989f28deffd94:active { border:0!important; } .u429264cd15689aad4f8989f28deffd94 .clearfix:after { content: ""; display: table; clear: both; } .u429264cd15689aad4f8989f28deffd94 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u429264cd15689aad4f8989f28deffd94:active , .u429264cd15689aad4f8989f28deffd94:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u429264cd15689aad4f8989f28deffd94 .centered-text-area { width: 100%; position: relative ; } .u429264cd15689aad4f8989f28deffd94 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u429264cd15689aad4f8989f28deffd94 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u429264cd15689aad4f8989f28deffd94 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u429264cd15689aad4f8989f28deffd94:hover .ctaButton { background-color: #34495E!important; } .u429264cd15689aad4f8989f28deffd94 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u429264cd15689aad4f8989f28deffd94 .u429264cd15689aad4f8989f28deffd94-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u429264cd15689aad4f8989f28deffd94:after { content: ""; display: block; clear: both; } READ: Economic Policy in Downtown Development EssayToday, approximately 95% of the households across North America havetelephones, which is creating a huge opportunity for companies that providelocal and long-distance service. Although prices for calls are slowlydecreasing, the competition between companies is increasing. This can be seenfrom advertisements on television and in the newspaper. And not only is thiscompeting going to continue, it will increase as new technology is discovered. What is in store for the future? No one will now. However, some of thelatest futuristic ideas that will soon be upon us are; television screens soonaccompany the telephone, so that the caller can see who he or she is having aconversation with. Also, having all of the copper wire replaced with fiberoptics will greatly increase the telephones capabilities. This will give us theadvantage of sending very large pieces of information over the phone line. Theonly thing that we do know about the telephone, is that it sure has come a longway since its first discovery by the inventor Alexander Graham Bell. A man whowill always be remembered.

Website implementation in a printing company

Website implementation in a printing company Website development for any growing company is of benefit especially due to the rapid globalization of companies. Most companies despite their size and location are fighting hard to reach the top in terms of providing their products and services to the whole world.Advertising We will write a custom research paper sample on Website implementation in a printing company specifically for you for only $16.05 $11/page Learn More Research done on most companies show that most companies have developed websites so as to be able to reach as many customers as possible. This is the case because of the high competition from companies dealing in related products or services and the need to globalise their company. Statistics show that there are an approximate 1.8 trillion internet users it the world as at December 2009. Asia was rated the highest continent in internet usage with 764 million users while china was rated the country with the largest population of internet us ers. This data indicates that over fifty percent of the world’s population has access to the internet. This means that any advertisement on the internet will reach a larger population as compared to regional or location advertisement using other ways such as newspapers or sales promotions. Websites are used by many companies as a means of communication as well as for the purpose of marketing and selling of services offered. A printing company is no exception since its services are demanded in almost all parts of the world. Implementation of a website in a printing company would definitely lead to increased sales of the company at the same time satisfying the customers (â€Å"World internet users†, 2010, p. 1). This is a recent development in the printing industry since it has been before thought to be a minute industry and available in almost every location. The idea of globalising such an industry through website development is beneficial because of the many advantage s related to website marketing. Some of these benefits have been reported to be satisfaction to the customers by adding value to the products or services offered. The website gives a site where the customers can be served at any time and day even if the printing shop is closed; they also get instant feedback without having to travel hence saving much of their time. The customers are able to view free tips and guidelines concerning the services they require. Websites have also been known to market companies, potential companies despite their location will be able to view the company through internet access (Duermyer, 2010, p. 1).Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This reduces the cost of training sales personnel to advertise the company’s products or services and in turn saving the company lots of cash. The cost of printing pamphlets to be distributed to customers or advertising in newspapers, billboards, magazines will also be saved since marketing will be online. The printing company will have an automated system where the customers make their orders, receive services and pay for them electronically. Websites provide a simplified chain to be followed when purchasing or requesting for a service hence creating a room to attract as many customers as possible. All these benefits channel to increased sales of the company at the same time expanding it to operate globally. Apart from increasing sales, websites would show any recent changes and developments of the company to their customers, for example in cases of change of location or development of new products or services (Berry, 2010, p. 4). Reference List Berry, T. (2010). Print shop website business plan. Web. Duermyer, R. (2010). Internet Marketing. Web. Internet usage statistics. (2010). World internet users and population stats. Web.

All art is a lie that helps us see the truth more clearly- Pablo Essay

All art is a lie that helps us see the truth more clearly- Pablo Picasso - Essay Example When we say art, we mean something that a person can look at and interpret. Art is a visual perception of its author; it highlights the main subject to depict its reality. The exaggeration of the illusion can be considered as a lie that reveals the truth behind the scenes much more clearly through the art performed, painted or sung. (Simon, 2007) In his own quote, Picasso illustrates an artistic touch to call art, a lie. By that he meant the illusion, the self created image of any topic and the observed scenario which an artist creates to send the message through. Hence, using all the human senses, the artist uses self expression to make analysis about the truth that lies behind the mirror. It is on one part the mirror image but much more of a deep scan that illustrated all the parts. Many artist find that in variety of subjects, much like Yehudi Menuhin, the famous American violinist on NY Times explained: â€Å"I look upon music as the most complete exposition of the body and spir it of man – and of our universe† (NY Times, June 1986)... , The Romantic Manifesto, 47) The excerpt explains it very deeply of how no real apple can actually look like the painted apple but yet gives the direct image of how delicious and ripe the apple is. Art hence covers dimensions of a human brain for it to pursue its desires. Arts that include poetry and theatre performance play a major role in defining how a simple lie, much like Ayn Rands’ Visual Abstractions can sum up major historical events and move people to find the truth amongst the words. In stage direction, now a day, art is being judged on the amount of hits it can get rather the quality of work and the meaning behind the scenes. It is taken as a time past rather, as Harold Clurman says â€Å"as a real communication through the mask of a fable†. (Lies like Truth, 1958) Poetic illusions As Art discovers many dimensions, it plays with words and thoughts, creating images and lies that a person is inclined to look into, to make it a reality. Shel Silverstein through is versatile poetic sense creates an illusion of a tree that can speak, â€Å"Once there was a tree... and she loved a little boy. And every day the boy would come and he would gather her leaves and make them into crowns and play king of the forest. ....... and the tree was happy But the time went by And the boy grew older. And the tree was often alone† (The Giving Tree) In this exemplary piece of art, the poet looks into a lie that is a tree that can speak, but infact is much more than that, for many the tree can be our family on which we stand by every day and they are there to help. Through art, Silverstein emphases that how reality revolves around how human wants are never ending but by the end of everything we go back to nature, where it all start. Too look behind the lie is the art of the reader,

Conservation of Fresco Essay Example | Topics and Well Written Essays - 3000 words

Conservation of Fresco - Essay Example Innumerable artists practiced fresco painting during the years to come, and this art became popular through the Greek, Roman and Byzantine Empires. Unfortunately, not many frescos have survived. Some rare Roman frescos are found in Herculaneum and Pompeii. Christians wo lived during the early period from 250 to 400 AD, painted some small frescos as a form of decoration of Roman catacombs, the burial place. The popularity of fresco painting declined after the Renaissance. But Mexican painters Diego Rivera, Jose Orozco, and David Siqueiros were using the techniques of fresco painting in their murals and through this once again the revitalization of fresco art took place. Again during the American Depression, painters like Thomas Hart Benton were engaged in fresco production. Now, fresco art is no longer used as it was used before, the main reason is because of its susceptibility to humidity and weathering. Regard to this reason, many artists have abandoned the fresco painting in the production of serious art. This paper will try to explain a little about fresco painting in general and then move on to the process and technique used in the production of fresco art. Then the paper would deal about the conservation of fresco paintings and finally explain its importance. Calcium carbonate is the binding material that is used in the production of fresco art. ... This results in the formation of calcium carbonate upon the surface of the material thus forming the plaster. The colour is applied before this change occurs so that it gets settled underneath the plaster formation which then looks similar to a glass. When viewed through a microscope, a particle or piece of fresco looks like thousands of minute mosaic put together and creates an astounding appearance. The art produced in such a way is called as fresco art or painting. It is not very difficult to paint a simple fresco if we are well aware of the process and technique. Many people throughout the world are engaged in fresco painting as entertainment or part of their hobby. Finally, to make this process very easy here is a short cut. Fresco painting is nothing but applying pure colour onto wet lime and the next thing that happens is the formation of crystalline substance over the wet surface. Now, the whole thing dries up producing fresco. One of the great things to have in mind is that all over the world ancient people followed this process in the creation of fresco art. Though the people of the ancient civilization had no means of communication, yet they all followed the same process in the making of painting and this is so surprising to us. It has led modern chemists to analyse the process through the study of ancient artists of different places. ELEMENTS OF FRESCO There are five elements that are used for creating a fresco. I have listed out one by one below so that there may not be any confusion. 1. The Structural Wall - This wall is the physical body in which the artist creates the fresco art. 2. The Design - Refers to the fresco's environment or architectural setting. 3. Lime

Contracts and Negligence Assignment Essay Example for Free

Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. Vicarious Liability. StudyMode.com. 02, 2013. Accessed 02, 2013. http://www.studymode.com/essays/Vicarious-Liability-1451515.html. Page Bibliography In Law, What is the Differences Between Tort and Contract [Online] Available at: http://www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract [Online] Available at: http://www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion [Online] Available at: http://www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 LAW OF TORTS [Online] Available at https://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement [Online] Available at:www.ehow.com/info_7755018_definition-verbal-agreement.html [Online] Accessed 02 November 2014 Contract – Express Implied Terms – Tutor2u [Online]. Available at: http://www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014 Breach of Duty [Online] Available at: http://e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove [Online] Available at: http://www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury [Online] Available at: http://www.lawteacher.net/health-law/essays/psychiatric-injury.php Accessed on 06 November 2014 Cases –tort-negligence-duty of care [Online] Available