buy custom Law of Purchasing and Supply essay

buy custom Law of Purchasing and Supply essay Question 1 Subject to sale of goods Act, there is no disguised condition as to the quality of any particular purpose of goods supplied. The rule of Caveat Emptor which in simple terms means buyers beware is greatly applied in sale of goods contracts. However, when the sale in question is made by description, the rule is departed in favor of the rule for goods sold by description. The latter rule states that goods sold by description should meet the description thereof or else, the buyer has the right to repudiate the contract. In this case, the car sold did not correspond to the description and the plaintiff (buyer) could therefore maintain an action against the defendant (seller). Case Law Grant v Australian knitting Mills Ltd (1936). The plaintiff went to the defendants shop and asked for a pair of long wooden underwear. The goods were displayed on the counter before him and a sales assistant selected a pair which he bought. The underwear contained an excess of sulphite and the plaintiff contracted dermatitis after wearing it. Held: the chemical should have been removed before the underwear was sold. The defendant was therefore liable. Sues Luxury Cars (SLC) will be held liable for the negligent advice that Tina gave to Richard as implied in the warranty of disclosing the dangerous nature of the goods to the ignorant buyer. Tina breached s13. As in the case, Oscar Chess v Williams, the descriptive statement which is part of s13 is incorporated into the contract. In case they knew that the car was not defective, and its sign was not the actual one and that Richard is ignorant of the condition of the car thus; they are held liable for not warning Richard of the probable danger. Question 2 One of the essentials of a valid contract is the existence of offer and acceptance. In this case, MHL offered cottage. This was a conditional offer as some conditions had to be fulfilled for the contract to become binding. Paul and Richard indeed complied with the conditions and the contract therefore became binding. It is imperative to know that though an offer made through post becomes effective when the letter is received by the offeree, acceptance by post becomes effective from the time the acceptance letter is posted and not when the letter is actually received by the offeror. In the case at hand therefore, Paul and Richard, having posted the acceptance letter before the offer could lapse, had bound MHL. They can therefore maintain a legal action against MHL for letting the room in question. The fact that MHL had not received the letter of acceptance and the money is no defense in law. Case Law The case in Byrnev. Van Tien Hoven: it was held that the acceptance was effective when the plaintiffs posted their letter on October 11th in New York although the defendants in Cardiff were not aware of the posting. Upon suing for damage, Paul and Richard are entitled to recover a reasonable amount for the expenses incurred. They are also entitled to the down payment they had made. Question 3 Petrolheads would be held liable for the damages caused to Sue. In this scenario, the rule of vicarious liability is applicable. The rule states that an employer is liable for the torts committed by his servant provided they are working in the course of their employmment. The employee who caused injury to Sue was acting in the course of his employment and this makes his employer liable thereof. Case Laws In Lloyd v Grace Smith CO 1912 A.C. 716, the plaintiff had sought advice from the defendants, a firm of solicitors whose managing clerk conducted conveyancing work without supervision. He advised the plaintiff to sell some property fraudulently persuading her to sign certain document that transferred the property to him. He disposed of it and kept the proceeds. Held: even though the fraud had not been committed for the benefit of the employers, nevertheless, they were liable for the clerk had been placed in a position to carry over such work and had acted throughout in the course of his employment. Furthermore, when they put their notice, they dont specify to their customers what may cause harm to them while within their premises so that necessary precautions may be laid down. When Trevor, an employee, knock Sue down, he should be held liable for his negligence. He should do what a reasonable persons needs to do while discharging his duty. Petrolheads cannot exclude or restrict liability for negligence even though Sue was aware of the notice. Being aware of the terms in it should not be taken as indicating his voluntary acceptance of any risk. A person cannot so exclude his liability for negligence except in so far as the notice made satisfies the requirement of reasonableness. In this case, Perolheads cannot protect Trevor for his negligence, hence, he should be held liable for the damages caused. Petrolheads should be held liable for the duty of care for the occupiers of their premises, so Sue is entitled for the damages caused to him by Trevor. Buy custom Law of Purchasing and Supply essay

Investment Analysis essay for the exam Example | Topics and Well Written Essays - 2250 words

Investment Analysis for the exam - Essay Example In actively managed portfolios, fund managers do not believe that market is always efficient and they are always eager to make use of such mismatch in pricing that does not discount the information completely. If active fund manager remains successful in identifying such opportunities, it is possible to make above average returns without exposing to higher systematic risk and thus, it is possible to outperform the market through actively managed portfolios. Information always continues to flow in the market and prices keep on fluctuating. Sometimes the information is stock specific and sometimes, some macroeconomic factors may provide direction to the market. Disadvantage of actively managed fund is that these funds have higher expense ratios. They also pay higher taxes as they frequently enter and exit in the market. Due to their modus-operandi, these funds may give higher returns; however, they carry higher risks too. It is also true that prices fluctuate in response to available information widely as per the perceptions of the players involved and they are mostly unpredictable. Usually, it is not possible to use information to predict future price. Contrasting actively managed funds, passively managed funds take a long term view and do not frequently enter or exit the market. The advantage is that they are less risky and pay lesser taxes in comparison to active funds. Owing to limited number of transactions, passively managed funds spend less on transaction costs. They usually provide risk free average returns. Passively managed funds are highly diversified to minimize market risks. Another advantage is that they are not information dependent while reshuffling their portfolios, which usually happen at much lesser frequency. The only disadvantage that can be said against passively managed funds is that they do not provide fancy returns;

Solvability Factors Essay Example | Topics and Well Written Essays - 1000 words

Solvability Factors - Essay Example Solvability factors, therefore, are the elements or situations that directly or indirectly affected the resolution of a crime which, as defined above, constitutes arresting and charging the offender or perpetrator. The following are solvability factors identified in the investigation of crimes such as homicide. The first group of factors involves those associated with the crime incident (Keppel & Weis, 1994). One factor is the commission of another crime. For homicide, these include robbery and breaking and entering which may aid in the investigation of the primary crime. Another factor is the time of the commission of the crime. Crimes that are perpetrated at broad daylight or at a time wherein many people are up and about will have a higher solvability due to the possibility of witnesses. Another factor under this category is the place of the crime. Crimes committed in residential areas are more likely to be solved than those committed in non-residential areas (Keppel & Weis, 1994). The second group of factors includes those associated with the vic... The third group of factors is the law enforcement organizational factors. Different strategies, regulations and other characteristics of crime detection agencies play an important role in the resolution of a crime. One factor is the amount of time that is devoted for a particular case. It is only logical that one investigator can handle a certain number of cases for a given period of time while it is quite understandable that an investigator can be more focused and be efficient when handling one case at a time (Wellford & Cronin, 1999). Another factor under this category is the number of agents or detectives for a particular division who can handle the same types of crime. When a certain investigator handling a case cannot, for any particular reason, pursue the investigation then assistance or replacement by another capable investigator is necessary (Muozos & Muller, 2001; Wellford & Cronin,1999). Another factor is the existence and efficiency of support staff that can increase the performance and rate of accomplishment of the details and processes undertaken by an investigator. Related to this is the separate function of data or evidence analysts that can help tackle the clues and questions posed by the data or evidences. Lastly, an important solvability factor related to law enforcement practice is teamwork inside the unit which roughly translates to good cooperation and communication frameworks among colleagues (Riedel & Rinehart, 1996). The fourth group of solvability factors falls under the crime scene factors. The foremost factor in this category includes the rapid or timely security of the crime scene and other places that may be

Analysis Of Mere Christianity By CS Lewis Religion Essay

Analysis Of Mere Christianity By CS Lewis Religion Essay The book Mere Christianity by C.S. Lewis was a very interesting. As I first started reading the book from the preface I found out that before C.S. Lewis published the book he read them or gave them to someone to read aloud over the radio it was said to have been published into three separate parts the first one being named Broadcast talks which was aired in the year 1942. The second one that was given on the air was Christian Behavior which aired one year after in 1943.The last part to the three part series was called Beyond Personality which aired in 1944. The first chapter in the book was mainly about the Universal Law of Nature and what certain cultures find wrong and what certain right and how some cultures differ in beliefs. One of the many examples used in this chapter was that about marriage and how certain cultures allow men to have more than one wife to that of those who only allow only one wife. Another thing the Lewis mentions in this chapter is that of how a culture wou ld be strange if it didnt follow its own laws. In book one chapter 3 he explains how the only way we know our laws is our reactions to it and how we understand it. In chapter 4 Lewis discusses how greediness and spirits are too conflicting habits to interpret life which have been talked about and conflicted over eternally in view of the fact that thoughts natives begin thinking how the world came upon to be. The authors explain greediness in the books typical common sense, the world as we know it have until the end of time be, and numerical main beliefs of possibility, as well as well-known as chance, bring on the subject of humanity. Lying on the additional put forward, and dovetail with the authors principle about the commandment of the natural world, the spiritual world maintain that a awareness bring the creation interested in survival by means of a understandable principle of create additional love comparable on the road to its own. Anywhere covetousness does not take for grant ed awareness on top of the life, everything spiritual does. Lewis uses a small number of additional analogy to construct his casing. The mass of human suppose in the life of one or more gods. Lewis admit to at on its own moment human being an nonbeliever, other than subsequent to accommodating the being of God, he exposed a outward appearance of open-mindedness which permitted each and every one religion to have a quantity of fact to themselves, to a certain extent than irritating to display with the intention of all religion are incorrect in their encouragement of belief. In chapter 2 Lewis discusses the pressure group to generalize Christianity interested in a faith that worships a high-quality as well as presently God. He argue not anything in the world is easy, as a result God cant survive undemanding also. A preside over possibly will appear to be a straightforward control the discussion, but at what time intimately look at turn elsewhere to exist complete of multifaceted stuff , complete of atom, good thing still bearing in mind the preside over involve reflect brightness finished of things. His peak is with the intention of God, even though high-quality bent great that curved awful. In chapter 5 the starting place of restlessness is, as said by Lewis is, to be bring into being in the whole story he claim to have well-known that the ruling of natural world exists, is that human beings have a hard time following the laws, and that Jesus himself is behind the laws of our world and the human ways are useless unless more things are applied to bring humans more intact with the laws. The things that must be accomplished are to understand and live with the laws and to see, and to see that God himself is very unyielding against it, and we are making it more difficult for us in the future if we think theres an easier way. This part explains the importance of the 3 most important religions in the modern age. These three concepts are Jewish, catholic and Islamic rel igions which express the concept of Pantheism which is short abbreviation meaning God is the Universe which is understood by Catholics, Jews, and Islamic people as God creating the universe and by atheist God was never real or existed. From Lewiss point of view the greatest problem and obstacle about Gods issue is that people believing if God actually existed or if he never did exist. More than half of the humans in the world believe one more than one demonic figure or Gods as said by Lewis. Lewis has also mentioned within the book that at one point of time he was Atheist but after thinking and thinking he came to the conclusion that all religions had some sort of truth to them thus allowing him to have an open mind about all religions including and especially Christianity. He later explains and moves on in this chapter saying that God may have taken sides to people in his decisions. Chapter three starts out talking and explaining the free will of man kind. This part of the story is thought to have given Jesus Christ the power and equal ness to God himself. The part that has come to shock me and many readers within the book is the idea that God came down to us in human being form as Jesus Christ to regain the love and happiness within the world. There was a point within the book where he (Lewis) argues that that all of the humans within his world has their own freedom Because God himself decided that is was mandatory in a way so that all of his followers meaning us would love him with eternal love and compassion. With all that said Lewis latter explains that evil would have developed over time which it has and would lead to the destruction of many of Gods creations. Now to Part 3, in chapter 1 of part 3 it explains the significance of morality, Lewis explains these 3 parts in many different and various ways. The first sort of morality has to do with human to human and the relationships we have together as humans. The second point of morality is within the huma n himself and how he or she sets them self out. The third and last part of the morality concept is that of the human himself and the creator being God in this case and the relationship they both share as one. Lewis s problem with this concept is he has set in his mind that the only part of the morality that the humans meaning us is we only pay attention to the first part and look at nothing more than just a human to human relationship. Chapter 6 which is a brief but interesting chapter which has to do with the Christian marriages within the church. One of the very first thing Lewis speaks about and relates to is that Catholic marriage is the putting together of two people at the same level of spirituality and love. He also explains that divorce is very bad for the community thus cause its the taking away of the two peoples love for one anther thus breaking and tearing apart their spiritual bon with each other. Chapter 9 is based on Lewis views on how the charity can benefit how God forgives us and how the term charity does not basically mean to give or donate to the needy and or poor. Another bright point Lewis makes with in this chapter is that being charitable simply does not mean having feelings for others such as love and compassion but is said to be more than just that and is looked at basically a concern for the well being of others he later gives the example of a mother spoiling and loving her daughter or son as a way of being charitable and making herself and him happy this is considered by Lewis to be the wrong way of being charitable. Lewis also includes in this passage saying that even though charity is not the showing of love for another it is the start in showing love and compassion for people and is much more looked upon than having hate against someone or something. Chapter 1 of book 4 explains the well stated differences between the making of and the begetting of one another. It starts off explaining the begetting by saying begetting is the sam e thing as being born the same with no differences at all, and the making is closely similar to creation of something or someone after the birth is done. The last chapter I am explaining and summarizing is book 4 chapter 3 because I believe it states a very important part of everyday life to all of us. In this chapter it is briefly explained that time is a part of our everyday life and is a concept of our world as we know it, but as said by Lewis Gods world does not revolve around time and does not exist within Heaven Which means that it is virtually meaningless to God but it is most certainly is important to us. This book was very well written even though I have only read half of this fantastic book iv actually started to find this book to be a very interesting and great story as I was writing my essay and going through the book the reason I find it to be interesting is because I love how it explains and takes you through the many places such as the universe as a whole and into God s dimension which is considered to be Heaven to me and how it takes us to the physical reality of life, this concludes my essay and I hope that this book is used next year because I found it to be very fascinating.

Tupac Essay -- Tupac Shakur 2pac Biography Biographies

Tupac When thinking of the Hip-Hop industry, one of the first names that comes to mind is Tupac Shakur. Shakur was born in the Bronx on June 16, 1971. He was reared by his mother Afeni Shakur who was an active member of the Black Panthers. Tupac's family later relocated to Oakland, California, where he spent much of his time on the street. As a kid, he was always getting himself into trouble, and he was very lonely. He started writing songs to keep himself out of trouble. An article from VIBE magazine "Troubled Times for Tupac Shakur" quotes Tupac. "'I was lonely, I didn't have no big brothers, no big cousins until later. I could remember writing songs.... I remember writing poetry.' " 1 Tupac was talented in the areas of poetry, songwriting and acting from the beginning. He started acting at a young age, and he joined the rap group Digital Underground, performing as a dancer in 1990. In an interview with MTV, John Singelton, the writer-director of Boyz in the Hood and Poetic Just ice, says that Tupac was a natural born actor; he knew how every role should be played.2 Tupac began his public acting career before his music career. After the Digital Underground debut, Tupac signed to Interscope Records and released his first solo album, 1991's 2pacalypse Now. The album quickly went gold thanks to the hit singles "Trapped" and "Brenda's Got a Baby," as well as a high-profile appearance in the hit movie Juice. Tupac's 1993 follow-up album Strictly 4 My N.I.G.G.A.Z., reached number four and went platinum, spawning the top 10 hits "I Get Around" and "Keep Ya Head Up." Then in 1995, Tupac put out Me Against the World, which debuted at number one, went platinum and established Shakur as one of the most popular and successf... ...world knew Tupac Shakur as a troubled but successful performer. Sex, drugs, and violence encircled his life; however, he overcame and emerged as one of the most successful rappers of all time. Tupac was a man who loved his mother and who held great respect for women, whom he thanked and celebrated in his music. Many adults rejected his music due to the profane language and his gangster lifestyle; however, his fans will always appreciate the awesome quality of his music. His death brought renewed attention to Inner-City violence as well as corruption in the rap music industry and East Coast /West Coast feuds. It also put a dent in the music world and left a void in the hearts of his family and friends. As time goes on, Tupac's music will continue to thrive through radio and album sales, but his legacy will live on through the hearts of everyone whom he touched.

Air Cargo Forecasts: The MergeGlobal Forecast

The MergeGlobal forecast entitled Steady Climb speaks of the air freight tonnage growth after the traffic boom of 2004, following years of stagnation in 2002 and 2003 because of the dot-com bubble and collapse in technological spending in 2001 (Clancy & Hoppin, 2006, p.65).After the global traffic boom came the slow but positive growth since 2005 until 2010 (Clancy & Hoppin, 2006, p.65).   What we ask therefore, is how long it would take before the next downturn of growth rate begins again.MergeGlobal, however, forecasts that â€Å"[G]lobal traffic growth is most likely to maintain and to gently accelerate over the next five years† (Clancy & Hoppin, 2006, p.65).   Because of sustained economic growth in North America, Europe, and Japan, there would be an additional demand in world intercontinental air freight, while increasing metric tons by 3.0% from 2000 to 2005, and by 6.4% from 2005 to 2010 (p.65).Industrial goods production from North America and Europe would be trans ported to Asia via air freight because of persistent congestion and delay problems in the ocean transport system, and thus, creating a positive upgrade and effect to the world intercontinental air freight.As indicated above, the absence of a downturn would lead to a compound average growth rate that is 6.4% that is double the growth rate from 2000 to 2005.This is more than twice the forecasted growth rate in 2000, and slightly above the long-term growth trend of the air cargo tonnage.   As indicated too, â€Å"the single most important driver of air freight traffic growth is consumption growth, broadly measured by Gross Domestic Product† (p.66).Because there appears to be sustained positive GDP growth in the world’s most important air freight regions (except China), then it is presumed that, consistent with the historical patterns of the globe, the air freight tonnage is expecting steady growth until 2010.Majority of the new traffic is expected to boom in the Asian r egions for trade and industry.   This includes Australia and the Indian subcontinent; while Mexico is put in the Latin America category.Reference:Clancy, B., & Hoppin, D. (2006, August). Steady climb: MergeGlobal forecasts accelerating intercontinental air freight demand growth through 2010. Retrieved July 30, 2009, from the MergeGlobal database: http://www.mergeglobal.com/articles/2006-08_Steady-Climb_Article.pdf.

The Role Of Gender And Career Choice - 978 Words

TITLE ABHISHAKE SHARMA STUDENT ID: 1687816 PRATICAL: 9 DRAFT: 1 APRIL 11, 2015 RESEARCH ESSAY (THE ROLE OF GENDER IN CAREER CHOICE) THE ROLE OF GENDER IN CARRIER CHOICE Career choice is the selection of path by males or females in order to gain success in their life.The selection of a profession is often done by parental guidance, vocational counselling and training opportunities. There is a cultural belief that gender plays an important role in the option of occupation and one question occurs on this idea that among men and women who is good at the entrepreneur level. Women are better than men at the top positions and there are various reasons to prove that females are capable to get good field in their life. Women have very sharp brain in the field of medical science and technology; they succeed more than men in math and science courses which make them easy get a top position in the companies Women prefer to select math and science arena after high school and achieve high grades, which help them greatly in their future scope. Moreover, the confidence level of women is very high and they get positive reinforcement from role models and mentors aft er graduation, which helps them to solve the technical issues in companies (Jacobs, 2005). Furthermore, according to National Science Foundation (NSF) women are extremely representative in senior academic ranks such as professor, dean and director of the institute within science, technology, engineering as well asShow MoreRelated Gender Inequality: Sex Discrimination in Employment Essay1617 Words   |  7 Pages Gender equality is about equal opportunity for men and women to identify their individual potential. 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