English - Fast Food Essay Example | Topics and Well Written Essays - 1500 words

English - Fast Food - Essay Example In this case, fast food would be the best choice. Serving individual’s quick interest is essential in saving time and money. An individual’s age has a great influence on the eating habits of many people. Sometimes the type of duty that an individual does in the society would influence the amount of food that that individual would take. It is usually important to know nutritional content of any food. Studies indicate that promotion of fast food by many restaurants has led to growth in number of its consumers. It further alludes that many people do not care about the nutritional content of fast food. The nutritional content of fast food would influence health status of its consumer. Some people suffer from nutritional related disorders because of ignorance when it comes to make choices of what food to take. Various methods employed in preparing fast food would influence the content of nutrient it contains. Observation of human health requirement helps in making the right choice of food. This paper explores health impacts of fast food. Fast food attracts many people who have limited time to go for other meals. For instance, research indicates that many students take fast food because of limited time and nature of life they lead. Many students like buying ready-made food for their lunchtime meals. Many students prefer foods that are convenient, attractive, and cheap. Fast food is quite tempting because it has all the above attributes. The social space in school also promotes consumption of fast food in most institution. Attractive appearance often influences students to buy fast food. Other consumers of fast food include dating couples who would like to spend nice time together. Studies show that many fast foods contain high-energy nutrients (Watson 6). Other nutrient content of fast food include protein and vitamin among others. Knowledge of nutrient content in fast food is very essential since it would influence the quantity of fast food that an ind ividual would consume. For instance, research indicates that a bite of potato snack contain about 10 grams of Trans fat (Hales & Lauzon 258). This fat is unhealthy to the body. This means that when an individual consumes large amount of snacks, the level of unhealthy fat in the body would increase. Human body responds to fat content in the food by accumulating them. This is usually dangerous because fat accumulation leads to overweight. Health research indicates that individuals that individuals who consume food rich in fats should burn similar amount of calories in order to avoid dangers of any fat related disorder. Health problems associated to consumption of food rich in fat include brain disorders. Scientific research indicates that accumulation of fats in the body would impair blood circulatory system that supplies blood to the brain. This in turn retards the body function of an individual. Blood circulation is essential since it supports function of body organs. Failure of bod y organs may result to death. Studies reveal that too much accumulation of fat on the blood circulatory system may stop blood delivery to the heart. Heart is a very essential organ in the human body. Its failure results to instant death. Many children who suffer obesity have high level of fat content in the body. Health studies reveal that children who suffer obesity at younger age may suffer heart failures at old age (Watson 25). Some studies also indicate that the condition might proceed to

Family Structure and Support Issues in the US and the Egypt Essay

Family Structure and Support Issues in the US and the Egypt - Essay Example As a result, these two societies have different settings for marriage. In Egypt, marriage has remained to be a social contract between two people from the opposite sex without underestimating the place of polygamy (Amos & Howard 2). On the other hand, marriage in the USA can be defined as the union between two parties of the same or either sex. Divorce in Egypt discredits one of their social standings while in the USA one gets viewed like a hero (Abrams 61). Nevertheless, divorce exists in both societies.  American culture got created out of a mixture of people, the majority being Christians, this gets evidenced by the national holidays of the USA and also in the national anthem. Egypt, on the other hand, is formed by a majority of Muslims. Religion governs a people's political, economic, legal and personal lives (Wertenbruch 43). The American culture is thus more of the German culture than it is of the Egyptian culture since Germany got founded on a Christian religion. There are a number of similarities between, German and American cultures. To begin with music, folklore, dressing and literature are all affiliated with each other. Secondly, the two also share values and norms (Lepenies 39). The American value system got founded on investment more than any other country it can be characterized by, efficiency, neatness and cleanliness, volunteer- ship and honesty. Egypt on her side upholds a value system characterized by integrity, transparency, unity, and hard work.... Divorce in Egypt discredits one of their social standing while in the USA one get viewed like a hero (Abrams 61). Nevertheless, divorce exists in both societies. Question 3 American culture got created out of a mixture of people, majority being Christians, this get evidenced by the national holidays of the USA and also in the national anthem. Egypt, on the other hand, is formed by a majority of Muslims. Religion governs a people's political, economic, legal and personal lives (Wertenbruch 43). The American culture is thus more of the German culture than it is of the Egyptian culture since Germany got founded on a Christian religion. There are a number of similarities between, German and American cultures. To begin with music, folklore, dressing and literature are all affiliated to each other. Secondly, the two also share values and norms (Lepenies 39). The American value system got founded on investment more than any other country it can be characterized by, efficiency, neatness and cleanliness, volunteer- ship and honesty. Egypt on her side upholds a value system characterized with integrity, transparency, unity, and hard work. Question 4 A secular society has no state religion. A secular society is heterogeneous and highly individualistic. Statistics show that America has all religions inclusive of atheists. A sacred society on the contrary is one that has a state religion and is primarily homogeneous, perfect examples of sacred societies are Vatican and Madina (Allen 77). During the time of ousting Hussein Mubarak, all people in Egypt participated but due to the extent of religion women live with deprived freedom. For instance, women cannot make decisions for themselves even unto a lifetime spouse in marriage. To expound on the extent of religion in Egypt is the

Virtue and Real Good Values Essay Example for Free

Virtue and Real Good Values Essay  · Select five values that are most important to you in making decisions.  · Write a 200- to 300-word response addressing the following questions: 1. Ambition 2. Compassion 3. Loyalty 4. Respect 5. Understanding 1. What commonalities do you see in the values you have chosen? The main commonalities I see in the five values I have chosen is that fact that it seems to be really good attributes in someone who really care about someone else. 2. How do these values affect your ethical decision-making? Which type of â€Å"ethical thinker† would you classify yourself as based on your chosen values? I really believe all the five values help me make an ethical decision. For example I would want a person that has ambition, compassion, loyalty, respect, and understanding to work for me. I think these values are important for everyday life. 3. What will you do when one or more of the values you have listed conflict? If one or more of these values conflicts, is time to analyze the situation and sit and re think the values I pick. Everything don’t work together you just got to find some value that work together. I feel these values will not conflict I think they are some real good values. 4. Reflect on the values of your organization or an organization you are familiar with. Are there any major differences between your personal values and the organization’s values? I feel that they are not no different between my values I have to use them every day in life. The values depend on the decision you make in everyday life. They can conflict but you have to find some values that will help with everything you are making a decision you are making in your life.

Issue of Certainty in a Contract

Issue of Certainty in a Contract â€Å"The cases provide many examples of judicial awareness of the danger that too strict an application of the requirement of certainty could result in the striking down of agreements intended by businessmen to have binding force† – Treitel. Critically evaluate this statement in light of case law and consider in your answer whether the extent to which the parties have acted on an agreement influences the judges. Introduction In looking to critically evaluate the above statement in view of the case law that has been decided in this area, so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, this essay will first look to consider the importance of certainty in agreements by recognising the significance where there is a lack thereof. Then, this essay will also look to reflect upon how a contract is generally formed and as to how the issue of certainty relates specifically to a contract’s formation in this regard for when it is said to come into being. Following on from this, this essay will look to determine the issues that a court will look to consider in evaluating as to whether a particular agreement before them is sufficiently certain to be considered a legally binding contract, whilst also looking to consider the extent to which the parties have acted on an agreement serves to influence the judges in coming to their decisi ons in relation to these matters, before finally looking to conclude with a summary of the key points that have been derived from an understanding of this discussion. The significance of certainty On this basis, to begin with it must be appreciated that the issue of certainty in any business agreement is generally considered to be paramount to the formation of a formal contract because it has been a long-held maxim of the law that that which is certain is that which can be made so leading to a binding contract being formed that is enforceable by the courts[1]. Consequently, a lack of certainty increases the costs of disputes because the ability to avoid, manage and/or resolve any dispute early, and on a reasonable commercial basis, is clearly negated where there is a lack of accurate documentation, whilst the lack of certainty also serves to create risks for those involved where there is a lack of a formally recognised agreement in place. Therefore, by way of illustration, it was recognised in Montreal Gas Company v. Vasey[2] that where the company in question made a contract with the other party to this case with the promise that, if it was ‘satisfied’ with them as a customer, the company would then look ‘favourably’ on an application for renewal of their contract with them, this was not considered sufficiently certain to create a legal obligation because of the indefinite or unsettled nature of such a term. Nevertheless, it is also important to appreciate a transaction that may otherwise be considered to have left some essential term of their agreement undetermined may provide some method of determination other than what is considered to be a future agreement. The formation of a contract – Where do the problems lie? Ostensibly, it is commonly understood that a contract is effectively formed where there is an offer, consideration and acceptance that is sufficiently certain so that it is then for the courts to determine whether the required elements are present in any business arrangement[3]. This is because the offer refers to a proposal that is expressed orally or in writing from one party (the ‘offeror’) to another (the ‘offeree’) to do or give something for remuneration with a view to forming an agreement that is usually legally binding on the basis of the conduct the parties. Such a view arises from the fact it was recognised in Adams v. Lindsell[4] the rules in relation to the recognition of a valid offer states that thus will be so where it is (a) made to definite person, class, or the world; (b) it is effectively communicated; and (c) it reaches the offeree. Then, with regards to the element of consideration required, this consists of a â€Å"right, interest, pro fit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa[5], that must be legal, not past, and move from the promisee to the promisor[6]. However, the problem with certainty in business agreements arguably arises most commonly in relation to the issue of acceptance of an offer to formalise the agreement between the parties in the prescribed manner. This is because it was recognised in Hyde v. Wrench[7] that the offeree must accept the offer made by the offeror unequivocally without qualification in words or through conduct in conformation with the indicated or prescribed terms of the offer. But then, in the decision in Chillingworth v. Esche[8], it was effectively understood that it is possible to have an acceptance of terms that are ‘subject to contract’ where the parties will only be bound by a formal contract. Moreover, where the terms of an offer are not accepted by the offeree without alteration, then it could be argued that negotiations will continue because anything that the offeree then proposes may be considered to be a counter-offer so that the positions of the respective parties change (i.e. off eror becomes offeree and vice versa). Therefore, this effectively means that there is only likely to be an agreement on terms that are substantially different from those originally put forward by the parties in such circumstances[9]. Buying and selling More specifically, where there is an unequivocal desire to buy and sell, but a lack of certainty as to terms of the agreement, the courts will look to consider the nature of the transaction for themselves that may be determined by the standard of reasonableness (i.e. what is considered reasonable) in the specific circumstances of the case. Such a view is effectively illustrated by the examples of the decisions in Brown v. Gould[10], where what was considered the ‘market value’ of the goods was determined by the courts, and Didymi Corporation v. Atlantic Lines Navigation Company Ltd[11], where the idea that an agreement regarding a hire was to be ‘equitably decreased’ was also determined by the courts. But, in the case of price of goods and services in such cases, this has largely been governed by section 8 of the Sale of Goods Act 1979[12] which effectively means that the courts are able to allow actions for the recovery of reasonable sums of the value of t he goods or services in question[13] so long as the contract itself is silent as to the issue of price[14]. Therefore, by way of illustration, in May Butcher v. The King[15] when the supplicants agreed to purchase all of the Crown’s old tentage for a price â€Å"agreed upon †¦ as the quantities of the said old tentage become available and are offered to the purchasers† it was held there was no concluded contract because the price would be agreed subsequently for the transference of the goods in question. The influence of parties to an agreement upon the courts However, more generally, the function of any court is to put a fair construction on what the parties have said and done because Lord Wright in Hillas Co v. Arcos Ltd[16] said â€Å"Business men often record the most important agreements in crude and summary fashion†, that are â€Å"far from complete or precise† to those unfamiliar so that it is arguable that the parties to such agreements may be considered to have some influence over the approach that the courts may take in such cases. On this basis, this means that it is â€Å"the duty of the court to construe such documents fairly and broadly†[17] because the courts need to be satisfied that parties to an agreement have concluded a contract, whilst also still considering what has been said and done in its context, the relative importance of the unsettled matter and whether the parties have provided machinery within the terms of their agreement for settling any dispute. By way of further illustration, in the decision in Hillas Co v. Arcos Ltd[18] the court decided that the terms of the contract in this case were based on previous transactions (the original contract) between the parties and the custom of the timber trade because it was determined that in view of their previous agreements there was still sufficient intention to be bound in the future. Therefore, with this in mind, in view of the influence of the parties in acting on the same basis as under their previous transaction, clearly, in such circumstances it will be extremely difficult for the courts to say that a â€Å"contract is void for vagueness or uncertainty†, where it has been either or wholly or partially performed, since this serves to make it easier to imply a term into an agreement to resolve such problems[19]. However, as well as the influence acceded to the parties to agreements by the courts, it is also important to appreciate that a court will not commonly allow a contract to fail for uncertainty more generally if the contract also provides the means to acquire the level of certainty required for the particular contract. For example, in cases including Foley v. Classique Coaches Ltd[20], it was recognised that if the contract in question provides parties are to agree a price or quantities for delivery, but also contains an arbitration clause in this regard, the courts will imply a reasonable price will be paid where there is otherwise default on the part of the parties to the agreement determined by arbitration so that parties to the agreement still retain a level of influence even where they are in dispute. Moreover, matters in this regard may actually only be further complicated by the fact that parties in business often act on their informal agreements – even their version of events – pending the formalising of their agreement into a contract[21]. Then, where a contract is formalised, the courts may allow this contract to take on a retrospective effect to cover the work done during the period when the parties were working on the basis of an informal agreement[22]. But where there is no formalisation of an agreement between parties, work that is done, or goods that are delivered, under a letter of intent may lead to a restitutionary obligation to pay a reasionable sum by way of remuneration for this[23] so that the parties actions continue to have an effect on any decision that is reached. The problem with documentation In spite of the influence of the parties themselves on the decisions reached by the courts, however, in looking to consider how the courts deal with the issue of certainty (or lack thereof) in business contracts, it is important to appreciate that matters are also complicated somewhat by the use of other documents in the build up to the recognition of a formal agreement. Such a view is effectively illustrated by the use of letters of intent in the construction industry with a view to formalising a contract at a later date. This is because whilst, in the past, in decisions including British Steel Corporation v. Cleveland Engineering Co[24], such a document may have been considered akin to a conditional contract by the courts since it is effectively looked upon as a sign that one party is likely to want to contract with another, in Regalian Properties Plc v. London Dockland Development Corporation[25] there was an unsuccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work regarding a contract that also never materialised in spite of the presence of a letter of intent since it is a matter of interpretation. Consequently, it is important to appreciate that the courts have become prone to taking a differing view from case to casxe because they do not consider cases decided in this area to be analogous in the circumstances. Such a view is reflected in the fact that whilst one party, in British Steel Corporation v. Cleveland Bridge Engineering Co[26], requested the other to perform services and supply goods needed under the expected contract, the costs Regalian Properties Plc v. London Dockland Development Corporation[27] sought reimbursements for what it did in an effort to put itself in a position to obtain and then perform the contract that was unsuccessful. This is largely because the court in such cases may be unwilling to imply a contract on the basis of a letter of intent because the language used is often uncertain and, in view of previous negotiations, it may also be argued that all that is assumed is a moral responsibility and not something that is contractual but, again, that is something for the courts to determine on the facts as they arise as a matter of interpretation[28]. Nevertheless, matters in this regard are also not helped in relation to the recognition of certainty in business agreements where the contract between the parties is considered incomplete because of a failure to cover all of the pertinent points that are considered significant by the parties so that one party asserts that a contract has been formalised and the other claims that it has not. Therefore, it is important to appreciate that in such cases the courts will need to consider whether an agreement is reached by the parties to a contract at a particular time, or as to whether there are other terms of the intended contract without the settlement of which the parties to the agreement have no hope of formalising a contract[29]. But where documentation produced in correspondence between the parties in dispute shows the parties have definitely come to terms – despite having some material points left open – a subsequent revival of negotiations will not affect the contract that is believed to have been made in the eyes of the court without the consent of the parties to the agreement that has been made so that they retain some influence over the courts that look to resolve their disputes[30]. More specifically, Justice Parker recognised in the decision in Von Hatzfeldt-Wildenburg v. Alexander[31] that if â€Å"documents or letters relied on as constituting a contract contemplate the execution of a further contract †¦ it is a question of construction whether the execution of the further contract is a condition or term of the bargain or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go through†[32]. Con sequently, it is matter upon which the courts could arguably go either way on in looking to interpret because it is really something to be decided upon on the facts of each individual case. Negotiations However, even where negotiations are successful, it was recognised in practice, as long ago as the decision in Kennedy v. Lee[33] that it may prove difficult to say with certainty when an agreement has been reached. This is because of the fact that it was recognised in this case that negotiations can often be long and complex with significant variations derived from offers and counter offers that may serve to detract or embellish the original basis of attempted agreement between the parties. Nevertheless, in the dcecision in Davies v. Sweet[34] it was understood that in spite of a prolonged period of negotiations courts may still find a concluded bargain by the conduct of the parties – thus seemingly bypassing the need for certainty so that any continuance of the negotiations will not necessarily serve to terminate an agreement between the parties. Such a need largely arises from the fact it is important to look to give effect to the reasonable expectations of business people that is an important object of the law of contract to facilitate in relation to their ongoing relations[35]. But, in the context of negotiations, a ‘lock out’ has also come to be considered to be unenforceable where it does not specify a time limit for its duration because it would indirectly impose a duty to negotiate in good faith which could not be considered a contract[36] – although such an agreement may be considered thuse if it is for a fixed period[37] – regardless of this it has been argued that certainty should have been resolveable in the interests of the parties through the recognition of the standard of reasonableness alluded to earlier in this discussion. Moreover, the courts have also felt at liberty to ‘strike out’ indefinite, but subsidiary, provisions as being insignificant so as to be able to give effect to the rest of the agreement[38]. Furthermore, with regards to an agreement to negotiate, the House of Lords recognised in Walford v. Miles[39] that such an agreement was effectively an agreement to agree so it was considered unenfo rceable because â€Å"it lacks the necessary certainty†[40]. Such a view has arisen because negotiations are, by their very nature, adversarial and allowed them to pursue their own interests, so long as they do not make misrepresentations, and withdraw where they see fit[41], whilst damages were also out of the question because no can tell whether the negotiations would be successful and what the result would be[42]. Conclusion In conclusion, in looking to critically evaluate the aforementioned statement so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, it must be recognised that certainty within any agreement perpetrated by a business is extremely important. This is because certainty in relation to the agreements that are formed between parties clearly goes some way to limit and even negate the need to go to seek the resolution of their disputes. However, by its very nature, business negotiations are somewhat adversarial. Everyone involved with business wants to get ahead so it is perhaps little wonder that disputes do arise. But just because a dispute arises does not mean that the parties want to end the relationship that they have built up just because there is a lack of certainty in some aspect of the agreement that has been formed. Therefore, whilst the courts may look to resolve issues of certainty between the parties on the basis of the law as it stands and the understanding of what is considered reasonable in the circumstances, the parties themselves can and do retain an element of influence over proceedings between them. Consequently, the respective parties intentions when forming an agreement must be taken into account when determining the binding nature of any agreement. However, that is not meant to assuage the role that the courts do play in the resolution of disputes. It is just that the area is actually somewhat complicated by the lack of certainty in aspects of an agreement that is formed that need to be effectively resolved and, in view of the close proximity of the parties to their dispute, it is sometimes considered best for the parties to accede to the resolution of their dispute to the courts where they cannot otherwise be resolved between the parties themselves despite the influence that the co urts will still allow their dealings to have on their decisions in most cases. - (i) Research Strategy To begin with it is necessary to decide what the question set is asking – i.e. in this case, determining the need for something different to rectify a problem that apparently exists. This effectively means that any research carried out is required to seek to facilitate a ‘discussion’ involving the specific terms identified within the question so as to effectively determine and incorporate the academic and legal opinions of authorities to support the pertinent issues that have been derived from the research that has been carried out here for the purposes of answering the question. (ii) Materials Therefore, on this basis, it is particularly important to look to include case law in particular, in view of the stated requirement in the scope of the question, throughout the writing of this essay before listing them all in the bibliography for ease of further reference. As a result, both ‘Lexis Nexis Professional’ and ‘Halsbury’s Laws of England’ are websites that serve as significant research aids for writing this kind of work in view of the fact that they offer the most contemporary accounts of all legal subjects. (iii) Search Terms Legal professor David Stott’s work on legal research[43] has recognised the best approach to researching an essay is to look to take the title/question that you have been given and then highlight what you think are the key words and phrases so that, in this case, the following search terms are recognised – ‘Business’ ‘Contract’ ‘Buying’ ‘Selling’ ‘Legislation’ ‘Dispute Resolution’ ‘Certainty’. Then, having identified search terms for the purposes of research, combinations of these terms must be uses, whilst also looking to appreciate the fact that certain terms (i.e. ‘legislation’) will offer very little in view of the specifics elsewhere within the question without looking at more specific aspects. As a result, in view of the fact that the focal point of this essay’s discussion is the issue of certainty within, a particular context (i.e. business agreements), then it is clear that this must be recognised so as to be able to effectively achieve the required results to lead to further research into judicial decisions and other paper based sources outlined in the bibliography by looking at combinations of the aforementioned search terms (e.g. ‘contract’, ‘certainty’, ‘business’ and ‘agreement’). (iv) Review of Results In looking to effectively be able to evaluate the academic value of the research that has been carried out here, it is abundantly clear that, whilst the initial materials uncovered were excellent in view of their relevance, a true understanding of as to how successful the research actually was is only possible where we look to consider the content of what has been written in the essay itself. But then it is also necessary to look to consider as to how the answer to the question set looks to show an effective appreciation of how the materials that have been identified in the bibliography have been used. Therefore, it would seem that the results of this research have served to effectively facilitate a broad discussion of various areas in relation to the recognition of certainty within the context of business agreements and as to how the courts have dealt with the resolution of disputes, whilst also recognising the influence that the parties themselves can have in relation to the courts resolution, that have put been together in this paper so as to present an effective answer to the question that has been posed here. - Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521 ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Lexis Nexis Professional (2007) (www.lexisnexis.com) Stott. D ‘Legal Research’ Cavendish Publishing Ltd (1998) Adams v. Lindsell (1818) 1 B Ald. 681 Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504 Brown v. Gould [1972] Ch 53 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Courtney Fairbairn Ltd v. Tolaini Brothers (Hotel) Ltd [1975] 1 WLR 297 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Didymi Corporation v. Atlantic Lines Navigation Company Ltd [1988] 2 Lloyd’s Rep 108 Foley v. Classique Coaches Ltd [1934] 2 KB 1 G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 G. Scammell Nephews Ltd v. Ouston [1941] AC 251 Hillas Co v. Arcos Ltd (1932) 147 LT 503 Hussey v. Horne Payne (1879) 4 App Cas 311 Hyde v. Wrench (1840) 3 Beav 334 Kennedy v. Lee (1817) 3 Mer 441 Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at Lipkin Gorman v. Karpnale [1991] 3 WLR 10 May Butcher v. The King [1934] 2 KB 17n Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 Montreal Gas Company v. Vasey [1900] AC 595 Nicolene Ltd v. Simmonds [1953] 1 QB 543 Pitt v. PHH Asset Management Ltd [1994] 1 WLR 327 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205 Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333 Von Hatzfeldt-Wildenburg v. Alexander [1912] 1 Ch 284 Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Walford v. Miles [1992] 2 AC 128 Sale of Goods Act 1979 1 Footnotes [1] Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521. [2] [1900] AC 595. [3] See also the decisions in G. Scammell Nephews Ltd v. Ouston [1941] AC 251 (hire purchase terms) Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 (war clause) for further examples of indefinite contract terms. [4] (1818) 1 B Ald. 681 – see also Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256. [5] (1875) LR 10 Ex 153. [6] See, for example, the decision in Lipkin Gorman v. Karpnale [1991] 3 WLR 10. [7] (1840) 3 Beav 334. [8] [1924] 1 Ch 97. [9] See, for example, the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. [10] [1972] Ch 53. [11] [1988] 2 Lloyd’s Rep 108. [12] Although see also the Supply of Goods Services Act 1982 at section 15(1). [13] See, for example, British Bank for Foreign Trade Ltd v. Novinex [1949] 1 KB 623. [14] Sale of Goods Act 1979 at section 8(2). [15] [1934] 2 KB 17n. [16] (1932) 147 LT 503. [17] Ibid at p.514. [18] (1932) 147 LT 503. [19] See G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 per Steyn LJ. [20] [1934] 2 KB 1 – see also Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205. [21] See, for example, Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212. [22] See, for example, Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333. [23] See, for example, British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504. [24] [1984] 1 All ER 504. [25] [1995] 1 WLR 212. [26] [1984] 1 All ER 504. [27] [1995] 1 WLR 212. [28] See Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at pp.388, 391 393. [29] See, for example, Hussey v. Horne Payne (1879) 4 App Cas 311. [30] See, for example, Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 at pp.167, 175 179. [31] [1912] 1 Ch 284. [32] Ibid at p.288. [33] (1817) 3 Mer 441. [34] [1962] 2 QB 300. [35] Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) at pp.62-68 [36] See, for example, Walford v

Inquisition :: essays research papers

The procedure, on the other hand, was substantially the same as that already described. Here, too, a "term of grace" of thirty to forty days was invariably granted, and was often prolonged. Imprisonment resulted only when unanimity had been arrived at, or the offence had been proved. Examination of the accused could take place only in the presence of two disinterested priests, whose obligation it was to restrain any arbitrary act in their presence the protocol had to be read out twice to the accused. The defence lay always in the hands of a lawyer. The witnesses although unknown to the accused, were sworn, and very severe punishment, even death, awaited false witnesses, (cf. Brief of Leo X of 14 December, 1518). Torture was applied only too frequently and to cruelly, but certainly not more cruelly than under Charles V's system of judicial torture in Germany. (4) Historical Analysis The Spanish Inquisition deserves neither the exaggerated praise nor the equally exaggerated vilification often bestowed on it. The number of victims cannot be calculated with even approximate accuracy; the much maligned autos-da-fà © were in reality but a religious ceremony (actus fidei); the San Benito has its counterpart in similar garbs elsewhere; the cruelty of St. Peter Arbues, to whom not a single sentence of death can be traced with certainty, belongs to the realms of fable. However, the predominant ecclesiastical nature of the institution can hardly be doubted. The Holy See sanctioned the institution, accorded to the grand inquisitor canonical installation and therewith judicial authority concerning matters of faith, while from the grand inquisitor jurisdiction passed down to the subsidiary tribunals under his control. Joseph de Maistre introduced the thesis that the Spanish Inquisition was mostly a civil tribunal; formerly, however, theologians never questioned its ecclesia stical nature. Only thus, indeed, can one explain how the Popes always admitted appeals from it to the Holy See, called to themselves entire trials and that at any stage of the proceedings, exempted whole classes of believers from its jurisdiction, intervened in the legislation, deposed grand inquisitors, and so on. (See TOMà S DE TORQUEMADA.) C. The Holy Office at Rome The great apostasy of the sixteenth century, the filtration of heresy into Catholic lands, and the progress of heterodox teachings everywhere, prompted Paul III to establish the "Sacra Congregatio Romanae et universalis Inquisitionis seu sancti officii" by the Constitution "Licet ab initio" of 21 July, 1542.

Leading at a Higher Level

IntroductionThe book under consideration is named â€Å"Leading at a Higher Level† and this extraordinary book was written by Ken Blanchard. The author has previously written numerous books namely The One Minute Manager, Raving Fans and now this book. The books written by the aforementioned author have turned out to be helpful for a number of people in perfecting their own leadership skills and expand the prospective of those around them.Now, in Leading at a Higher Level, Ken Blanchard discloses the answers to superlative leadership. Anyone and everyone can profit from the recommendations in this book that have previously helped thousands of leaders and business’ become more oriented around its people, centered on the satisfaction of its customers and performance-driven. The author introduces the readers to innumerable concepts such as the â€Å"triple bottom line† and how to use it to generate effectual objectives and visions.The book provides the readers with t he ways to determine ways to turn customers into what the author calls â€Å"raving fans† and build up a proper â€Å"customer mania.† Any of the higher authorities of an organization can use the techniques presented by the author in his book their own guidance, for leading teams as well as complete organizations. It can also help one in finding their own individual â€Å"leadership point of view†, which is a skill that all really great leaders have power over and it is also helpful in finding out how to relate it all the way through your entire life. By the use of this book, regardless of who or what place you are at, one can produce high-performing business; that can ease out life for everyone. Hoist your game, improve your presentation and make sure that you are foremost at a higher level.ReviewAs said, â€Å"Leaders in any realm of life can become self-serving when the driving reason for being in business is based solely on profit. While profit is a legitim ate goal, neglecting to see leadership as part of a higher calling diminishes the capacity to influence others and impact the greater good† (William, p.1). Leading at a Higher Level scrutinizes the notion of leading with a higher rationale, which necessitates a persuasive visualization and a way of life that the expansion of people is in the same way important to that of presentation. Author Ken Blanchard dares readers to show the way by asking themselves about their own realities, what they position for, and how they can take the inventiveness even if they do not have authoritative power.In the aforementioned book, the author along with a number of his colleagues has made the efforts to put forward their own understanding of top-notch leadership. By reading the book one can learn just how to create aims and objectives for the organization and the ways by which you can make your existence known as well as where your company is moving.Blanchard expands his step forward work on conveying well-known customer service and creating what he calls â€Å"raving fans.† In the book one will find the state-of-the-art dialogue of the well-known Situational Leadership II techniques for leading yourself, persons, teams, and complete businesses. Most significantly, Leading at a Higher Level the book is a big help if one wishes to take a good look at himself, determine the private â€Å"leadership point of view† and then use it for the rest of his or her life.  In the words of the author, â€Å"those who want to lead at a higher level need to understand what a high performing organization looks like and what is necessary to create one. They need to aim for the right target. Profit is the applause you get for taking care of your customers and creating a motivating environment for your people† (Blanchard, p.4).The author believes that anyone who wishes to become a better leader in any company, any organization, and any area of life needs to have a fi xed aim, follow the right idea, focus on the â€Å"bottom lines† that really matter at the same time as providing the customers with good support and deliver your ideal customer experience, and create â€Å"raving fans†. But most of all what he wants to deliver is that leaders should, â€Å"Listen, praise, support, guide, and help your people win† (Blanchard, p.5).The book is extremely informative when it comes to learning how to lead your people to enormity as you create elevated performing organizations that make life better for everyone. This book will direct you, motivate you, incite you, and be your criterion. Ken Blanchard along with a vast number of his colleagues are people that have spent a number of years in serving good leaders and organizations become grand, and as well as stay that way. In this book, they have made an effort to bring together everything they have learnt in the years gone by. By this book one can discover how to, â€Å"Go beyond the short term and zero in on the right target and vision, deliver legendary, maniacal customer service, and earn raving fans, truly empower your people and unleash their incredible potential, ground your leadership in humility and focus on the greater good† (Blanchard, p.10). Since a very long time, a vast number of people have benefited from the insight, understanding, and convenient procedures.From my personal point of view, the book is excellently written providing examples from the lives of real leaders. The book has been written in a very exciting manner and one can not get bored while reading it. Speaking for myself, I have not found anything negative about the book.ConclusionIn the light of the above discussion we can hereby culminate that the book that has been mentioned above namely Leading at a Higher Level was written by Ken Blanchard and the book is related to the ways in which leaders can understand themselves and then lead themselves, their teams and the entire org anizations on the way to success.Works CitedBlanchard, Ken. Leading at a Higher Level: Blanchard on Leadership and Creating High Performing Organizations.   United States of America. FT Press. 2006 Pp. 4,5,10.Williams, Susan. Leading at a Higher. Financial Times. 2007. Pp.1.

Nucor Steel Case Study Essay

Percentage use of Production Capacity Nucor steel has the largest production capacity capability in North America. However, they have some deficiencies in this area in that in 2010 they utilized just 70 percent of capacity, though it increased in 2011 it was still just 74 percent. Gaining greater production efficiency will reduce costs and in turn increase the profitability of the company. Issue #2 Rising Scrap Metal Prices Nucor maintains its competitive advantage through its low cost production, and their use of electric arc furnaces and recycled scrap metals to produce steel. Prices for scrap steel was not higher than $137 until 2004, and reached a peak of $438 in 2008 before the economic recession hit. In 2009 and 2010 prices were $303 and $351 respectively, and then in 2011 hit an all-time high of $439. With their per unit cost structure relying heavily on these scrap steel prices, their ability to achieve greater profitability is reduced. Nucor needs to find a way to off-set these rising prices in order to maintain its low cost strategy. Issue #3 International Competition and Foreign Subsidies US producers of steel and steel products have fallen victim to aggressively competitive pricing from international firms. In 1999 the US government determined that six countries were indeed dumping stainless steel into the US market. Half of those countries governments were facilitating this process by providing unfair subsidies to offset the firm’s losses from selling at below market prices. In 2001, the Bush administration installed a 30 percent tariff on those countries found guilty of illegal dumping. This same issue is still prevalent today as China has been accused of doing the same thing. They have significantly lower prices than American firms due to the fact that China has been devaluing their currency in order to make exports unfairly cheaper. The US government must intervene and install another tariff on Chinese steel products in order to protect its domestic producers from unfair foreign competition. Recommendation Nucor Corporation should install an aggressive international expansion strategy to achieve several goals. It should be aimed at regaining its premier profitability that it had in 2007 and 2008 mainly by reducing costs. It should strive for gaining an increased market share in developing international markets that were not as effected by the recession in regions of Asia and the Middle East. With that increased demand for steel and steel products, Nucor should not acquire additional capacity, instead they should make more efficient use of its current capacity with the goal of reaching 90 percent usage of capacity. In an effort to reduce costs, Nucor should increase its efforts of reverse-integration in order to provide itself with cheaper raw materials and lower it’s per unit production costs. International market expansion, increased raw material production, and increasing plant capacity efficiency should be the main focus moving forward as Nucor attempts to create a more cost efficient production process, increase revenues, grow its profitability, and continue to provide its stockholders with quarterly dividends and increased yearly dividends as it has for the past 40 years. Appendix A: Dominant Economic Characteristics Market Size and Growth Rate How large is the industry and how fast is it growing? The worldwide industry of crude steel production reached all-time highs with total production equaling 1,559 million tons in 2010 and 1,680 million tons in 2011. Worldwide production capacity was approximately 2,090 million tons in 2011, which resulted in a utilization rate of 80 percent in 2011. The worldwide production of crude steel has grown consistently since 2000 despite two significant periods of economic downturn and decreased demand. According to the World Steel Association, the crude steel production growth rates were 6.2 percent from 2000-2005, 4.4 percent from 2005-2010, and 4.4 percent from 2010-2011. Scope of Competitive Rivalry Is the geographic region over which most companies compete local, regional,  national, multinational, or global? A combination of both national and global Primary National Competitors US Steel ArcelorMittal USA Top Worldwide Competitors ArcelorMittal Worldwide (Luxembourg) Baosteel (China) POSCO (South Korea) Nippon Steel (Japan) JFE (Japan) Jiangsu Shagang (China) Tata Steel (India) Ansteel (China) Gerdau (Brazil) Severstal (Russia) Wuhan (China) ThyssenKrupp (Germany) Evraz (Russia) Is having a presence in foreign markets becoming more important to a company’s long-term competitive success? Yes, especially in times of domestic economic downturn. In the recession of 2009-2011, steel demand in developed countries such as the US and Japan was greatly diminished. However, demand for steel in developing regions such as India, China and the Middle East was exceeding local producer’s capacities. Thus, there is significant opportunity to expand internationally and better utilize current production capacities. Specifically for Nucor, in 2007 they decided that international growth was a necessity, and their strategy hinged on two elements: Opening foreign sales offices: 60 percent of Nucor’s current steel plants were located on deep water access areas which allowed for easy access to international shipping areas without a significant increase in cost. Joint Ventures: Nucor began developing partnerships with reputable and successful foreign firms in an attempt to greater utilize their mutual competencies as well as allow Nucor to establish itself in international markets. Product Innovation Is the industry categorized by rapid product innovation and short product life cycles? Not for the steel industry Innovation is important but with the typical size of projects, it is in no way rapid The steel industry is categorized by long product life cycles, only methods of manufacturing have been changed in the lengthy history of the industry How important is R&D and product innovation? R&D and innovation are extremely important Most major advancements in the past 60 years have resulted in industry breakthroughs that have cut costs and environmental impact dramatically Are there any opportunities to overtake key rivals by being first-to-market with next generation products? Yes, any new technology that will reduce costs and/or increase productivity will almost certainly add to a company’s competitive advantage Being first-to-market with new innovative production methods will absolutely provide an opportunity to overtake rivals This is evident in Nucor’s rise to being one of the top steel producers in North America, their use of electric arc furnaces, thin slab casting process, and strip casting technology gave them a significant boost when attempting to catch US Steel and the US’s largest steel producer Economies of Scale Is the industry characterized by economies of scale in purchasing, manufacturing, advertising, shipping, or other activities? Yes, especially in manufacturing as a company can reduce its per unit fixed costs with greater production capacity Do companies with large†scale operations have an important cost advantage over small†scale firms Yes, smaller firms are few and far between and during the 2000’s many were bought by larger firms in an attempt to increase their total plant capacity, gain market share, and gain a stronger position in specific geographic areas Learning/Experience Curve Effects Are certain industry activities characterized by strong learning and experience effects (â€Å"learning by doing†) such that unit costs decline as a company’s experience in performing the activity builds? Yes, as the firm’s plants operate, their line workers become more and more capable of executing the job, fixing potential problems, and generating ideas to improve  production As the workers become more knowledgeable and experienced, they become more efficient and productive which in turn lowers labor costs and increases total product available for sale and revenues Do any companies have significant cost advantages because of their learning/experience in performing particular activities? Nucor has an advantage in this particular area because of their egalitarian company culture where managers and hourly employees discuss potential improvements and changes on a regular basis They are also very decentralized and are open to new ideas, Nucor truly believes that t heir best source of knowledge for potential improvements in manufacturing is from the employees that are on the front line of the manufacturing process Appendix B: PESTEL Analysis Political Factors The main political factor that is affecting the steel industry pertains to the US market and foreign competition Nucor and many other American steel companies have appealed to the US government that they have been facing unfair competition from foreign firms, they believed that several foreign steel producers were practicing illegal dumping of steel and steel products into the US market In March of 1999, the US Department of Commerce concluded that steel companies in six countries had illegally dumped stainless steel in the US: Canada South Korea Taiwan Italy Belgium South Africa The governments in Belgium, Italy, and South Africa further facilitated this practice by providing subsidies that would cover revenue losses for firms selling steel at below market prices This is still an issue today as US steel producers are facing similar competition from China, where most steel companies are government owned and operated, China has also devalued its own currency in order to provide significantly lower prices Economic Conditions The steel industry is relatively affected by economic conditions Since prices and percentage use of capacity are determined by market supply and demand forces, when the economy is healthy, then demand is strong and steel companies can be profitable. On the other hand, when the economy enters a recession, then demand is reduced greatly and most firms cannot be profitable This is evident with the economic downturns that occurred in the early 2000’s as well as in 2009-2011 when most firms saw revenues and profits decrease dramatically Nucor saw sales drop from 25,187,000 tons in 2008 to 17,576,000 tons in 2009; and accordingly saw net profits drop from $1.8 billion in 2008 to a loss of $293 million in 2009 Sociocultural Forces There is a limited effect of sociocultural forces with respect to the steel industry There will be minor influence based on the growth rate of the population, as with a faster growing population, the need for schools, hospitals, roads, and other public buildings will increase which will in turn increase demand for steel and steel products Technological Factors The technological advances in the steel industry have been revolutionary over the years and have provided other industries with valuable information on how to improve their own production facilities and capabilities However, in recent years it hasn’t provided for the emergence of many new industries stemming from those innovations, nor has it provided significant value to society Environmental Forces Rising fuel prices are hurting steel companies bottom line in that they cannot generate the same amount of power as they could in previous years without increasing expenditures and raising their per unit costs each quarter Plant emission requirements are strictly enforced by the EPA and the US government In the past 50 years, the steel production industry has made great strides in becoming more environmentally conscious and efficient Nucor has developed new techniques and technologies that allow for a more environmentally responsible production process Especially their steel production efforts in Brazil where they use a eucalyptus farm for the fuel in their blast furnace rather than coal, and the eucalyptus farm absorbs more carbon dioxide from the atmosphere than the plant emits and completely  neutralizes the effect of global warming Legal and Regulatory Factors Labor laws greatly affect the steel industry, Nucor has few issues with these as they compensate their employees well over federal requirements and industry averages Safety regulations are also a major factor as compliance with OSHA and other safety organizations in a requirement Appendix C: Five Forces Analysis Threat of New Entrants Weak The costs associated with entering the steel industry are excessive and the threat of a company doing so is very limited Competition from Substitutes Weak Companies in industries that require steel and steel products, can only use steel and steel products, as other metals don’t possess the same metallurgical qualities like strength and durability required There is some potential that other metals like aluminum, titanium, tungsten and many others could pose a threat, but the majority of Nucor’s customers need steel Buyer Power Moderate Customers have the availability to shop different companies as price is the main determining factor in the industry Since prices and competitive advantage is mainly determined by cost and market supply and demand forces, then customers have a moderate ability to leverage another company’s, or even another country’s, price against a particular supplier Supplier Power Moderate In previous years, Nucor had been at the mercy of rising raw materials prices But in recent years they have begun an aggressive backward-integration strategy to begin producing 6 million to 7 million tons of steel for use in its steel product manufacturing plants Their move to provide their own raw materials has greatly reduced their reliance on raw steel suppliers in the midst of ever-increasing prices Rivalry Strong Domestic competition from US Steel and ArcelorMittal USA is extremely fierce Foreign competition from both European and Asian firms is incredibly stout as well Since advantage is determined mostly by low costs and low prices, competition is a constant price war Appendix D: Drivers of Change in the Industry Innovation of new production techniques Production efficiency Efficiency of capacity usage Ability to reduce costs and therefore lower prices Globalization New marketing strategies Resiliency to changing economic and market conditions Diffusion of technological know-how across companies and countries Consolidation of companies Regulatory influences and government policy changes Appendix E: Current Strategy In 2000, Nucor began a five-part growth strategy that involved: New acquisitions New plant construction Continued plant upgrades and cost reduction efforts International growth through joint ventures Greater control over raw materials Their overall strategy includes all of the above as well as being a low-cost producer and low-price market leader in the steel industry Appendix F: Competitor Analysis Competitor Analysis Framework Current Strategy US Steel Positioned as the long-time industry leader Its competitive advantage, if any is based in brand strength ArcelorMittal USA Positioned alongside US Steel and Nucor in production capacity and serves many of the same industries Competitive Advantage lies in its sales volume and earnings Objectives US Steel Due to significant losses both domestically and in Serbia, strategic financial changes should be expected ArcelorMittal USA Currently experiencing profitable operations, only minor changes should take place in the future Capabilities US Steel Strengths: Brand awareness Years of experience Weaknesses: Unionized workforce Net losses in recent years ArcelorMittal USA Strengths: International subsidiary of ArcelorMittal, thus have knowledge beyond US market Production capacity, sales revenues, and profits Weaknesses: Lack of brand awareness Assumptions US Steel As the old guard, have operated in the red in several years, and assume that they aren’t going anywhere and that the market will turn in their favor ArcelorMittal USA With their overwhelming knowledge from international operations, and being a subsidiary of the largest single steel producer in the world, they assume that their market share and drive for low costs will eventually prevail Strategic Group Map The above chart displays the market positioning of the main three competitors in the US steel production industry. The size of each circle is determined by the volume of steel products shipped. All statistical data used is from 2011. Volume of steel products shipped is very comparable, and the total  number of production plants in the US is also very similar between the three. The largest disparity is on the net profit axis where ArcelorMittal USA led with $2.3 billion in profit, Nucor earned $778 million, and US Steel shows losses of $53 million. Weighted Competitor Strength Analysis and Key Success Factors This chart details the strengths and weaknesses of each of the major three companies in the US steel market based on four key success factors Appendix G: SWOT Analysis Appendix H: Financial Analysis Net Profit Margin Net profit margin shows the percentage of after-tax profit of sales, the chart above shows the true effects of the economic recession that hit in the fourth quarter of 2008, and the slow recovery of the market since then. The market is expected to gain strength in 2012 and Nucor and its stockholders are hoping that forecast is true as they strive to reach their peak performance levels that they obtained in 2007-2008. Return on Invested Capital Return on invested capital is a measure of the return that shareholders are earning on long-term invested monetary capital. This particular measure shows how the economic recession effected Nucor’s shareholders and their overall return on invested capital. 2011 provided a significant rebound in ROIC and Nucor will need to continue to trend this measure upward to meet investor expectations. Internal Cash Flow Internal cash flow is a rough estimate of how much cash a company’s business is producing and would have for potential dividend payments or capital expenditures. The internal cash flow measure is yet another representation of how much the global recession of 2009 and 2010 effected Nucor and its ability to continue its operations as it had in previous years. Despite the drastic reduction in its internal cash flow, Nucor still managed to pay its  shareholders a dividend as it had for 156 consecutive quarters while also increasing the dividend payment paid to stockholders every year since 1973.