Aspects Of Contract And Business Law - 1845 Words

UNIT 21: ASPECTS OF CONTRACT AND BUSINESS LAW Name: Bernadette Gonzales Tutor: Daniel Pratt http://businesslawfaculty.blogspot.co.uk/2012/09/contract-law-part-i-offer-unqualified.html TASK 1: P1: Identify the legal criteria for offer and acceptance in a valid contract. What is a contract? A contract can either be written implied or spoken agreement between two or more people legally binding. Once contract has been the offeror will have to keeps promises provided in the contract and the offeree will have to follow all the terms and condition in the contract will. If one party fail to follow their obligation in the contract condition in the contract they make take legal consequences. †¢ Verbal agreement: A verbal contract is when two parties agrees through spoken word, therefore bound by talking with each other also known as â€Å"verbal agreement†. This contract often happen between family and friends. On the other hand, it can also happened to business people who trust each other to agree to bind legally just by talking to each other. †¢ Written Contract: A written contract is when detailed information about contract are included in a document signed by each party. Written Contract are commonly used by business as they are clear and concise which could help minimise litigation. For example, before starting a job employees are given an employment contract that has all the terms and condition that they have to do as a requirement from employment legislation. Here areShow MoreRelatedUnit 21 – Aspects of Contract and Business Law D1, D22650 Words   |  11 Pagesl Unit 21 – Aspects of Contract and Business Law Assignment Unit 21 Candidate Full Name: Date issued: Candidate Number: Date due for return: Teacher: Mr M Tissot Date submitted: Email: Learning Outcomes When you have finished this unit you should: 1 Be able to apply the requirements for a valid contract 2 Understand the impact of statutory consumer protection on the parties to a contract 3 Understand the meaning and effect of terms in a standard form contract 4 Be able to applyRead MoreInteraction of American Laws with International Law962 Words   |  4 PagesUCC and International Law Because the Uniform Commercial Code (UCC) generally regulates commerce or trade on a national basis, one may not realize that it also has an impact on international commerce. However, this assumption would ignore the critical role that American laws and policies play in the arena of international trade. These roles are both formal and informal. In other words, American law has direct and indirect effects on international commerce. In order to understand the impact ofRead MoreLaw 421 Contracts1057 Words   |  5 PagesContracts Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breachRead MoreAspects Of Supply Chain Management1209 Words   |  5 PagesAspects of Supply Chain Management Introduction The basic reason for negotiating a contract is to reduce risk, and establish who bears the cost of the risk incurred. Identifying the responsibility of the parties and avoiding finger pointing when a business operation goes bad. Perkins (2008), in studying risk and reward contracts states that risk and reward contracts are highly specialized, and require careful and creative management to create. In constructing a risk and reward contract they takeRead MoreThe Postal Acceptance Rule1373 Words   |  5 PagesAcceptance Rule or Mailbox Rule is a common law term for contracts that determines the formation of a contract in which the involved parties are communicating through the mail. The primary thrust or core of the mailbox rule is that the acceptance of an offer is sent before the revocation of the specific offer is received. In a scenario where the communication is sent rejecting the offer while a later communication is also sent in acceptance of the contract, then the first commun ication to be receivedRead MoreEssay about Business Biblical Worldview1576 Words   |  7 PagesThis paper will explore what a Biblical Worldview is and present a Biblical Worldview process of contracts, ownership and responsibility. A Biblical Worldview is a view that holds to the belief that there is absolute moral truth; no one can earn their way into Heaven with good deeds; the Bible is 100 percent correct in all aspects; Jesus Christ lived a life free of sin while He was on earth; and God is omnipotent, omniscience, and the ruler of the universe (Barna Group, 2009). It has been provenRead MoreUniform Commerical Code (UCC)1005 Words   |  5 Pagescreated in year 1952 by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, which are two national nongovernmental legal organizations (Steingold, 2013). These two private entities recommend that the 50 state governments adopt the UCC; however, it does not become law unless it’s enacted by the state. The UCC is a â€Å"comprehensive statutory scheme which includes laws that cover aspects of commercial transactions† (Cheeseman, 2012, p. 161). The UCC divided intoRead MoreLaw Is A System Of Rules Designed B y A Society979 Words   |  4 PagesLaw is a system of rules designed by a society to restrain unwanted behavior and maintains order. Law helps decide wrong and right in a society, gives voice to the weak and discourages the might-is-right philosophy. Nearly every state in this world has designed laws that help govern its people. The first set of written laws called ‘The Code of Ur-Nammu’ were designed during 2100-2050 BC. These laws, stated by the Neo-Sumerian King of a Mesopotamian city, proved to be pioneer in the formation of legalRead Morehnd busniess1128 Words   |  5 PagesDiploma in Business Unit 5: Aspects of Contract and Negligence for Business) Assessor name Student name Barrister A S M Sayem Uddin Khondoker Date issued Completion date 03 February 2014 ____/_____/ 2014 Assignment title Submitted on Contractual Aspects and Business Negligence: Application in Business Context Learning outcomes Assessment criteria for pass The learner can: LO1 Understand the essential elements of a valid contract in a business context Read MoreElectronic Codes And Its Effect On A Small Business Entity1659 Words   |  7 Pagesnew employees. ACME Fireworks should expand to a larger business entity because expanding to a larger business entity will allow the company to negotiate larger contracts with other companies, and the company will never reach its full potential until it has expanded to a larger business entity. In the paragraphs that follow I will address the issues such as evaluation of the contracts and decide if they will be governed under the common law rules or the Uniform Commercial Codes (UCC). The paper will

Difference Between Quantitative And Qualitative Research

For many who are new to research, there is little difference between quantitative and qualitative research. Key words to define quantitative research include empirical and statistics, while words to denote qualitative include subjective and naturalistic. However, for many research scholars, the differences between the models are vast. Much of the debate centers around validity that surrounds the heterogeneous methods used to determine outcomes in qualitative research (Madill Gough, 2008). Opposing views see use of a variety of methods in qualitative research as a context driven, useful approach, that contributes unique ideas to science (Madill Gough, 2008). For those who keep the debate alive, Walsh (2012) makes the point that perhaps, the debate lies within the realm of ego or, â€Å"who is â€Å"right† and who is â€Å"wrong† (p. 10). Regardless, in truth the past twenty years has seen the convergence of research using both quantitative and qualitative data. All on e needs to do is explore a database using the two methods as the search term; results abound showing integration. Integration has been allowed through the rigorous pursuit of empiricism through more standardized data collection and analysis in qualitative research (Madill Gough, 2008). Qualitative research has come a long way toward understanding the need for standards of practice in methodology. Thus, combining each method toward a comprehensive approach is a more pragmatic way of studying phenomenon. Socrates said,Show MoreRelatedDifferences Between Qualitative And Quantitative Research Essay1510 Words   |  7 PagesQualitative research, still called in-depth study or study of motivation. The studies on expectations, motivations, images and other value judgments of the consumers while giving results which we cannot quantify. According to Choy this type approach is highly self-aware acknowledgment of social self, or of a research’s position in society (Choy, 2014:99). A quantitative research is a market study which the results can be quantified and the representativeness can be exactly measured. According toRead MoreDifference Between Qualitative And Quantitative Research968 Words   |  4 PagesOne of the major differences between the qualitative and quantitative research in regards to the sample was the size of the sample. The qualitative sample had nine participants and the qualitative had a return rate of 1695 students and 1556 teachers. Another difference between the two studies is the quantitative used a random sampling method, whereas the qualitative study used criterion sampling with the criteria being that they were teachers in K-12 who taught/used mobile learning devices. TheRead MoreDifferences Between Quantitative Research And Qualitative Research794 Words   |  4 Pages1. Explain the differences between quantitative research and qualitative research. Qualitative research collects non-numerical data to describe events or phenomena. On the other hand, quantitative research uses numeric data with statistical methods to investigate phenomena. (Melnyk Fineout-Overholt, 2015, p. 609). Qualitative studies address human responses to particular situations or events with an emphasis on interviews and observations. The results are reported from the participant’s pointRead MoreDifferences Between Quantitative And Qualitative Research1827 Words   |  8 Pagesunderstanding of the people who live within these societies. There are many differences between both Quantitative and Qualitative research. First starting with what quantitative research is data that uses statistical methods such as surveys dealing with large numbers of participants within a study is collected by doing research, most of these studies collect data in numerical form so that they can be counted(cite). While qualitative research is when sociologist seek to understa nd human behavior by learningRead MoreSimilarities And Differences Between Qualitative And Quantitative Research Essay1865 Words   |  8 Pagesthe Similarities and Differences in Qualitative and Quantitative Research Quantitative research is defined as research that gathers numeric data through controlled procedures and analyses to answer predetermined questions or test hypotheses (Ary et al, 2010). In contrast, Ary et al defines qualitative research as a generic term for a variety of research approaches that generally gather non-numeric data to study phenomena, without predetermined hypotheses. A few differences are noted in the definitionsRead MoreDifference between Quantitative and Qualitative Research Methods in Psychology606 Words   |  2 PagesThe quantitative problem statement: its question and proposed method I would like to see whether growth can be predicted for a certain company with introduction of a certain product. Quota sampling is ideal for this situation since it specifies the quota of particular people that need to be included to represent the population. In this case, we would want a balanced sample of all types of users as well as their amount of usage. (Breakwell, 2007). A survey would be conducted, either in the storeRead MoreEssay on Qualitative and Quantitative Research889 Words   |  4 Pages Qualitative and Quantitative study designs both can be beneficial in research design. They both provide valuable options for researchers in the field. These techniques can either be used separately in a research study or they can be combined to achieve maximum information. This paper will define the terms qualitative and quantitative; describe the similarities and differences between each; discuss how qualitative and/or quantitative research designs or techniques could be used in the evaluationRead MoreQualitative And Quantitative Research Methods936 Words   |  4 PagesQualitative and quantitative research methods are two alternative applications for research methods. Both are very different in how data is collected, what data is collected, and how data is measured. Both of these research methods are utilized amongst the major areas of psychol ogy and the social sciences. This paper will provide a brief description of qualitative and quantitative methods, provide the differences between the two approaches along with the terminology used for both; I will alsoRead MoreWeek 1 RSCH 8300860 Words   |  4 PagesInitial post Comparing Qualitative and Quantitative Approaches Researchers often times are faced with the decision of choosing a methodology of research; either Quantitative or Qualitative that they think best fits their study and objectives. This choice is guarded by the topic of study, the advantages and disadvantages, and the strengths and weaknesses of using either one or the other type of the methodologies. Researchers are sometimes using Quantitative and Qualitative research methodologies interchangeablyRead MoreThe Definition Of Science And Research Methods1189 Words   |  5 PagesWhat is science? A brief elaboration of the definition of science and research methods INTRODUCTION Science is a complex activity, which may be defined in a number of ways. To unite both the process and the product of science, one way to define science is as a process of constructing predictive conceptual models (Gilbert, 1991). Gilbert (1991) states, when referring to Kuhn (1970, Lunetta Hofstein (1981), Miller (1978) and Stevens Collins (1980) that in essence, ‘’the definition of science

The Personal Data (Privacy) Ordinance and Octopus Card System  Free Essays

The Personal Data (Privacy) Ordinance and Octopus Card System  Ã‚   Lam Ka Chun 3035069794 The University of Hong Kong CCST9029 Cyberspace Crime: Technology and Ethics Dr. K. P. We will write a custom essay sample on The Personal Data (Privacy) Ordinance and Octopus Card System  Ã‚   or any similar topic only for you Order Now Chow Ms. Chan Vivien Pui Shan Abstract This article is about the leakage of data of the Octopus card company. In 2010 , Octopus sold the information of their clients to 6 companies for promotion and made a profit of 44 million Hong Kong dollars over 4. 5 years . In view of the case of Octopus case, this article will go through three part to study it : technical aspect, ethical aspect and legal aspect. It will also suggest feasible suggestions. The dis-honest company led a leakage of personal data: Octopus Card Company Introduction of Octopus card company According to the statistics, 95% of those between the ages of 16 and 65 have an Octopus and Octopus processes over 12 million transactions a day. The card is accepted by more than 100 transportation service providers and 160 retailers, including 7-Eleven, Starbucks, and Park Shop. It can also be used at pay phones, photo booths, and parking garages. This reveals that the octopus is commonly and widely used. Also implied that the leakage of personal data influences a lot of people. Technical Issue In terms of technical Issue, Octopus card is a rechargeable contactless stored value smart card used widely in transportation and retail business. How can it transfer the money without contact? It is because it used the technique of Radio  Frequency  Identification (RFID). We will go into deeper of the RFID. RFID is the use of a wireless non-contact system that uses radio-frequency electromagnetic fields to transfer data from a tag attached to an object, for the purposes of automatic identification and tracking. The Octopus card requires no battery and are powered and read at short ranges via magnetic fields (electromagnetic induction). The tag contains electronically stored information which can be read from up to several meters (yards) away. Unlike a bar code, the tag does not need to be within line of sight of the reader and may be embedded in the tracked object. RFID tags are also used in many industries. An RFID tag attached to an automobile during production can be used to track its progress through the assembly line. Pharmaceuticals can be tracked through warehouses. Livestock and pets may have tags injected, allowing positive identification of the animal. Ethical Issue In terms of the ethical issue, there are a few points we would like to discuss. Firstly it is whether there is too much personal information required in the client agreement. The Octopus Company was questioned about if the personal information required on the client agreement was too much. The complainer claimed that the necessary information required by the scheme is actually just name and Octopus card number. Also, the client agreement was not user-friendly, because the text was too small, almost unreadable and the whole statement is too long and clumsy. But on the other hand, nowadays Hong Kong citizen are easily give out their information without knowing how the information will be used. The awareness of protection their personal data is too weak. It’s always customers’ duty to read the whole statement no matter how not user-friendly it is because it should be themselves to protect their own privacy. Legal Issue The Octopus Card Company has actually sued the Personal Data (Privacy) Ordinance. The company collected excessive personal data for the purpose of customer authentication and it failed to take all reasonably practicable steps to ensure that the applicants were explicitly informed of the classes of persons to whom the data may be transferred. Also, the company shared member’s personal data with third parties for monetary gains without their consent. The provision of data for monetary gain was not expressly stated in the Terms and Condition. This incident has actually highlighted the inadequacies of the present Ordinance as public expectation in data privacy raises, especially those in conjunction with business activities. Therefore, the government has amended the ordinance in 2012 to protect data users’ right. Six data protection principles: Principle 1 – purpose and manner of collection of personal data Principle 2 – accuracy and duration of retention of personal data Principle 3 – use of personal data Principle 4 – security of personal data Principle 5 – information to be generally available Principle 6 – access to personal data DPP1 and DPP3 are violated. Since the octopus company sold the data of their clients, the purpose of collection of personal data is different from what the pubic thought about. Also, there is no direct related to octopus system when the data is used. Therefore, use of personal data is also violated. Suggestion There are four suggestions which can help protecting personal data. First and foremost, due to the little attention to protect their own information of the citizen, the government should educate the citizen to build up the idea of protecting personal data. Second, improvements can be made in the security and privacy systems of companies to ensure low unintended data leakage. Third, government should make the rule stricter and clearer in order not to let the companies escape the law. Forth, set up a department to investigate among the all the companies to check whether there is similar issue happened. In conclusion, it is a fact that once our personal data has been leaked, it is not possible to stop the spreading of the data. It is both, companies, government and citizens’ responsibilities to protect our personal data. Reference Websites: http://healthymethod. blogspot. hk/2011/06/octopus-card-scandal. html http://www. cdeclips. com/en/hongkong/fullstory. html? id=49560 http://www. octopus. com. k/octopus-for-businesses/benefits-for-your-business/en/index. html A video of RFID http://www. explania. com/en/channels/technology/detail/what-is-rfid PDPOhttp://www. legislation. gov. hk/blis_pdf. nsf/6799165D2FEE3FA94825755E0033E532/B4DF8B4125C4214D482575EF000EC5FF/$FILE/CAP_486_e_b5. pdf Newspapers: The Standard, ‘Legco probe alert in Octopus data row’ 2/8/2010 The Standard, ‘Octopus chief tight-lipped as public says time to go’ 4/8/20 10 Articles: Richard MacManus (2 September 2009). â€Å"Hong Kong’s Octopus Card: Utility Outweighs Privacy Concerns†. How to cite The Personal Data (Privacy) Ordinance and Octopus Card System  Ã‚  , Papers

The Mayor of Casterbridge

Question: In what ways in the novel the Mayor of Casterbridge Michael Henchards appearance, character and fate were shown to be the opposite of Donald Farfrae? Answer: In Thomas Hardys novel the Mayor of Casterbridge the author have put some light over some of the main physical and personality differences between the two highlighting characters of the novel, Henchard and Farfrae. Beside physical and personality variances, their fates were also opposite to each other and hence a whole lot of disparity between the main characters of the novel. Michael Henchard the main character of the novel was in many aspects the opposite of Farfrae. Physically, he was a strong tall man with dark eyes and dark complexion, where Farfrae was a short man with bright eyes and fair complexion. Their physical appearance differed a lot showcasing about the different personality, confidence and attitude traits (Draper, 1983). Moreover, the physical difference may call for the personality variance with Henchard being a man of dark motives and dark fate whereas the character of Farfrae being bright, innovative and ambitious. The character, Michael Henchard was shown to be an emotional, impulsive, depressed, and aggressive and not well-educated person. Throughout the story, Henchard has prone to act impulsively, and later due to its bad outcome, he was regretting and was punishing himself for his bad decisions. For example, during the first chapter when Michael along with his wife, Sussan was on his way to find a work as a trusser on a farm, he got too drunk and then he started talking about selling his wife, he said ch played havoc on his life. The act of selling his wife was one of the most heinous act done giving a negative impression to the readers. Besides punishing himself, he was still continuously making impulsive mistakes. The negativity of his character is sustained throughout his life and hence makes him as a shadowed personality. Henchard assigned Farfrae to settle his business without knowing him and then when he saw that Farfrae has succeeded and the people of Casterbridge are paying him more respect he started having jealousy for Farfrae. This trait showed the weakness of his character in which he was incompetent (Hardy, 1994) and had no confidence over his stance. Henchard's manner towards Farfrae insensibly became more reserved. He was courteous too courteous and Farfrae was quite surprised at the good breeding which now for the first time showed itself among the qualities of a man he had hitherto thought undisciplined, if warm and sincere. (Chapter 16, paragraph, 1) On the other hand Farfrae was shown to be a kind, calm, cheerful, forgiving, practical and an educated person. Farfrae was taking many considerations before making any decision which led him succeed in every aspect. He actually dwelled deeper into the problem of the farmers of Casterbridge by providing a system for revolutionizing the business. After enhancement of the fame and respect for Farfrae, Henchard started calling Farfrae his rival. When Farfrae started his own business, he was still trying to act gentle and kind towards Henchard, like not accepting those customers who were used to be Henchards customers. So determined was he to do nothing which should seem like trade-antagonism to the Mayor that he refused his first customera large farmer of good reputebecause Henchard and this man had dealt together within the preceding three months. "He was once my friend," said Farfrae, "and it's not for me to take business from him. I am sorry to disappoint you, but I cannot hurt the trade of a man who's been so kind to me." (Chapter 17) These incidents give strong evidence of the fact that Farfrae was kind at heart and a man of purpose. He never intrigued into the business of others and believed in himself with the power of his mind using creativity and innovation (Paterson, 1959) as tools for development and success. He is depicted as a model man of science and has a degree of intellectual competence to have a charismatic personality. On another incident Farfrae showed his kindness and respect to their workers, when Henchard behaved very rudely with one of his workers (Abel Whittle) and went to his home and marched on him when he was late for work. Henchard makes Whittle march up the street to work for him on his undercloth. But when Farfrae came he asked Whittle: "Get back home, and slip on your breeches, and come to work like a man! If ye go not, you'll ha'e your death standing there!" "I'm afeard I mustn't! Mr. Henchard said" "I don't care what Mr. Henchard said, nor anybody else! 'Tis simple foolishness to do this. Go and dress yourself instantly Whittle." "Hullo, hullo!" said Henchard, coming up behind. "Who's sending him back?" All the men looked towards Farfrae. "I am," said Donald. "I say this joke has been carried far enough." "And I say it hasn't! Get up in the waggon, Whittle." "Not if I am manager," said Farfrae. "He either goes home, or I march out of this yard for good." (Chapter 29) Henchard is hence depicted as a mercurial man with a heartless fate. On the other hand, Farfrae was a peaceful and calm man with a strength of personality and kindness towards all. Beside physical and personality differences, Henchard and Farfreas fate was also totally opposite and indeed whatever Henchard loses, Farfrae gains it. This was irony and misfortune of the life of Henchard and a treasure for Farfrae. Throughout the novel, Henchard has lost many key relationships. At the beginning he lost Sussan and his daughter, Elizabeth Jane when he sold them. Later on, when he had an affair with Lucetta, she forgot Henchard for Farfrae when she noticed little interest from Henchard. She eventually, rejected Henchards proposal and agreed to marry Farfrae. "Yes. With Mr. Farfrae. O Michael! I am already his wife. We were married this week at Port-Bredy. There were reasons against our doing it here. Mr. Grower was a witness because he happened to be at Port-Bredy at the time." Henchard stood as if idiotized. She was so alarmed at his silence that she murmured something about lending him sufficient money to tide over the perilous fortnight. "Married him?" said Henchard at length. "My goodwhat, married him whilstbound to marry me?" "It was like this," she explained, with tears in her eyes and quavers in her voice; "don'tdon't be cruel! I loved him so much. Henchard lost his business, fame and respect of people of Casterbridge to Farfrae who with the help of his intelligence and presence of mind was able to work better and provide suitable solutions. Later on, Henchard lost Lucettas love to Farfrae (Lerner, 1975) because of his charm, kind heartedness and attractive personality. Several years later, when Henchard reunited with Sussan and Elizabeth Jane, but soon he again lost Sussan as she died and she revealed a big secret to Henchard through her letter. According to the letter Sussan wrote to Michael that Elizabeth Jane is not your Elizabeth Jane the child who was in my arm when you sold me. No she died three months after that, and this living one is my other husbands.(Chapter 19, Paragraph 2, page 118). Conclusion I believe the author Thomas Hardy through many incidents and occasions has shown that Farfrae and Henchard were opposite to each other in many aspects. While the fate seems to be cruel to Henchard from the beginning of the novel, Farfrae was receiving success in every step of his life. Differences in personalities resulted into difference in fates because of the deeds done in the entire lifetime of both the characters of the novel. The thesis hence developed to dwell deeper into the personality differences of Henchard and Fanfrae revealed some of the inherent personality traits with remarks on their attitudes and fates leading to different directions of life. References 1. Draper, R. P. (1983). The Mayor of Casterbridge.Critical Quarterly,25(1), 57-70.2. Hardy, T. (1994). The Mayor of Casterbridge. 1886.Reprint, Ware: Wordsworth.3. Paterson, J. (1959). " The Mayor of Casterbridge" as Tragedy.Victorian Studies,3(2), 151-172.4. Lerner, L. (1975).Thomas Hardy's The Mayor of Casterbridge: tragedy or social history?. Published for Sussex University Press by Chatto Windus.