Thursday, August 27, 2020

Blue Ocean Strategy free essay sample

Blue sea methodology is a book of business system by W. Chan Kim and Renã ©e Mauborgne. The blue sea system discloses how to move your business into new markets with less rivalry and more noteworthy productivity. The book is fundamentally isolated into three principle parts. The initial segment covers some significant ideas of blue sea procedure, for example, esteem advancement, separation and minimal effort and key systematic apparatuses and structures utilized in this technique. The subsequent part clarifies the four stages of blue sea technique detailing. The fundamental thought behind this book is to introduce a sorted out system for recognizing and actualizing out of the case and never been idea blue sea procedures. In the event that one is equipped for thoroughly considering of the crate, some different option from a customary technique then it will empower us in figuring a blue sea. The fundamental thought of blue sea methodology is to remake advertise limits to part from the opposition and make blue seas. We will compose a custom paper test on Blue Ocean Strategy or on the other hand any comparative point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page The principle thought behind comprised of two sections: first was to find whether deliberate examples existed in recreating market limits and besides whether r not these applied to a wide range of organizations and industry areas. The analysts discovered six fundamental methodologies additionally called six ways structure for recreating market limits. These six methodologies challenge the conventional six presumptions associated with defining techniques which lead to making red seas. They continue by underlining on the way that the organizations should break out of these limits which they characterize without anyone else on the most proficient method to contend. Way One: Look across elective ventures The primary way for an organization isn't just to contend with firms in its own industry yet it ought to likewise consider the organizations in elective ventures offering such items and administrations which have various capacities and structures however fill a similar need. One such model is that of Net Jets which thought of the possibility of fragmentary fly possession. Net Jets made a multi billion dollar Blue Ocean of personal jets and business travel which offered low factor and fixed expenses when contrasted with business aircraft voyaging and in this manner it made an altogether new market and was the onlyâ survivor and market pioneer of all the 57 new participants. Comparative model is that of NTT DoCoMo which broke out of Red Ocean of exceptional rivalry by breaking the tradeoff between the other options. Way Two: Look across changed key gatherings inside enterprises The subsequent way given by Blue Ocean is to escape the opposition by looking across changed vital gatherings. In this setting the various organizations in an industry chipping away at a comparative methodology fall under one key gathering and others in various key gatherings. What's more, in this profoundly exceptional and serious market the way to making a Blue Ocean across various key gatherings is to break out of these by making a superior comprehension of the variables that decide customers’ choice to exchange up or down starting with one gathering then onto the next. A generally excellent model given here is that of Curves which is a ladies wellness organization, broke out of the culmination by expanding on the benefits of both the conventional gyms and the home exercise programs. Different models are that of Ralph Lauren, Toyota Lexus, Sony Walkman and Champion Enterprises which made Blue Oceans by breaking out of their vital gatherings by offering the upsides of both the vital gatherings of their ventures that brought about their prosperity. Way Three: Look across Chain of Buyers In the vast majority of the ventures it has been a pattern to target just a solitary kind of purchaser. Anyway there is a chain of purchasers which incorporates the buyers, the real clients and a few times additionally the influencers. Every one of these three gatherings of purchasers may appear to be like the merchant however they are diverse as they give distinctive worth. Customarily various businesses center just around a solitary client section and imagine that they are the main conceivable objective clients, anyway it is an off-base methodology and they have to thoroughly consider of the container which can prompt making new Blue Oceans. Novo Nordisk a Danish insulin delivering organization made a Blue Ocean in the insulin business. Already Nordisk like every single other pharmaceutical concentrated distinctly on specialists which are the influencers. However, Novo Nordisk thought of the possibility of Novo Pen which was anything but difficult to utilize and was focused on legitimately toward the end clients that is the diabetes patients. This helped them in making a blue sea and nonstop improvement and progression in their contribution came about inâ maintaining their Blue Ocean achievement. Way Four: Look across correlative item and administration contributions This way clarifies the significance of reciprocal items and administrations ought to never be disregarded as the undiscovered worth is frequently covered up in them. Giving the offices of infant sitting and vehicle leaving are corresponding to cinemas. NABI utilized the fiberglass rather than steel body transports and hugy affected bringing down the support and different expenses and made a Blue Ocean in the transport business. Philips made the pot with a mouth channel and Barns and Noble thought of proficient staff in their relaxing were such corresponding items and administration which were progressive. Way Five: Look across practical or enthusiastic intrigue to purchasers There are various kinds of engaging techniques that are embraced by organizations to request the clients. A portion of these are utilitarian while others are passionate. The various models talked about for this situation are the Cemex (Mexican Cement Company) and QB house (Japanese Barber shop) which made Blue Oceans by engaging their clients through various utilitarian and enthusiastic contributions. Way Six: Look across time This way delineates that it is so imperative to have prescience and remember the progressions that are to occur with entry of time. This should be possible by looking over the time as far as the worth a market conveys today to the worth it might convey tomorrow. Macintosh benefited from the changing pattern in the music business and thought of ITunes music store for its IPod which additionally helped it in halting unlawful selling of music and making a Blue Ocean. Cisco Systems likewise looked early and represented the developing interest of fast information trade with its switches, switches and other systems administration gadgets. 2. Concentrate on the Big Picture, Not the Numbers Generally what a large portion of the procedures need is that they don’t thoroughly consider of the case and accordingly come up short on the perspective on the master plan and in this manner they key is to make a system canvas to show up at a Blue Ocean. Drawing Your Strategy Canvas Drawing a methodology canvas has never been a simple to do work. It involvesâ identifying the key variables of rivalry which should be possible by surveying that how much your organization and its rivals offer the most contending factors and what are the moves that are being made by you and your rivals. This procedure after the usage of six stage model includes steps in imagining system which are as per the following: Step One: Visual Awakening The procedure of visual arousing is imperative to change the mentality of such individuals particularly the administrators who are impervious to change and like business as usual. Anyway this issue can be overwhelmed by requesting that such individuals draw the worth bend of their company’s system which will trigger the requirement for adjust in their perspectives and along these lines they will be slanted towards switch and will concoct new and various methodologies. Stage Two: Visual Exploration The reminder was only the initial step. The subsequent stage is to send group it to handle, putting supervisors eye to eye with clients and encountering without anyone else what issues they have with their items and administrations and what are their discernments. This assignment ought not be re-appropriated as it is critical to see these things by your self as opposed to letting others accomplish crafted by your eyes. They ought to watch their clients (existing, lost and new ones) also the clients of their rivals and afterward return and break down their methodologies. Stage Three: Visual Strategy reasonable In the third step of imagining system the groups are solicited to draw six new bends from methodology and make a convincing slogan which can underline the technique in a superior manner. After that the groups are approached to introduce them and based on criticism and conversation the new bends for technique are figured. Stage Four: Visual Communication The last advance is to impart the recently detailed future procedure to representatives in a simple and reasonable way. This should be possible by appropriating one pager indicating old and the new systems to the representatives and afterward can be talked about with each one. 3. Reach past Existing Demand The third rule for making Blue Ocean is to reach past the current interest. This to expand the interest for another contribution and two procedures are trailed by organizations to accomplish this objective. One is to concentrate on existing markets and clients and the other is to target better markets or client fragments to oblige purchaser contrasts. Another significant idea disclosed here is to expand the size of Blue Ocean, which says that once the Blue Ocean has been made the following stage is to amplify its size. For this reason organizations as opposed to concentrating on their clients attempt to concentrate on the non-clients by adopting the converse strategy which permits the organizations to open mass of clients and request which didn't exist previously. Callaway Golf is one such organization which made interest for its contribution by concentrating on its non-clients. The Three Tiers of Non-Customers As indicated by Blue Ocean system there are three distinct levels of non-

Saturday, August 22, 2020

Ukraine joining the EU Essay Example | Topics and Well Written Essays - 1250 words

Ukraine joining the EU - Essay Example Despite the fact that the European Union has consistently considered Ukraine as an accomplice dependent on its rule of the European Neighborhood Policy (ENP), numerous western nations presently bolster the foundation of closer ties with Ukraine going past co-activity to continuous political and monetary partnership and possible joining of Ukraine into both the European Union and the NATO umbrella (Umland, 2011, 36). Then again, the Russia has consistently contradicted the possibility of Ukraine joining the European Union contending that such moves would be incongruent with the Russia’s national interests just as the great relations among Russia and Ukraine as previous individuals from the Soviet Union. This is especially taking into account the way that the Ukrainian populace is comprised of over 20% ethnic Russians and Russia is fears losing this populace if Ukraine joins EU. This paper basically investigates the present issue of Ukraine getting the European Union together with specific concentration to the foundation of the issue, current turns of events, various perspectives and the significant hindrances that have forestalled the joining. Ukraine turned into an autonomous state in 1991 after the breakdown and disintegration of the Soviet Union. The recently autonomous state was started on three significant objectives in particular, self assurance, free market economy and majority rule government. In any case, the Ukraine along with Belarus and Russia before long shaped a local financial incorporation hinder that was named the Commonwealth of Independent States (CIS). The association especially tried to improve the economy of the previous individuals from the Soviet Union by guaranteeing basic exchange arrangements and customs between the part states (Oudenaren, 2004, 277). Preceding the breakdown of the previous Soviet Union, Ukraine had a more grounded economy in contrast with most districts of the Soviet Union. Nonetheless, the nation encounters genuine financial issues somewhere in the range of 1991 and 1999, bringing about the loss of up to

Friday, August 21, 2020

Argumentative Essay Topics For Philosophy Majors

Argumentative Essay Topics For Philosophy MajorsArgumentative essay topics for philosophy majors are wide and varied. They may include religion, psychology, politics, ethics, metaphysics, ontology, and nature.Good arguments require facts and evidence. The best arguments contain both sound arguments and strong evidence. So they should be presented as such in your essay.Those who are going to college may want to take up some extra classes, especially in basic education. While your arguments will remain valid, your knowledge of the subject matter may need to expand. These classes are helpful in expanding your knowledge on the subjects of your argument.Your major choices for college will determine which subjects you should consider studying for your argument. For example, if you prefer to major in biology, it is highly likely that you will be studying evolution, species development, embryology, or some type of evolutionary biology.If you are going to get a degree in English, you might wa nt to check with your professor's schedule of courses. Some professors hold conferences or discussions on their major topics. You may want to attend these seminars and participate in the discussions.An argument requires knowledge of the topic and language. To be able to properly present your argument, you should also have good writing skills.While an argumentative essay topic for philosophy major can include almost any topic, you should never be content with what you know about the topic and you should never let your knowledge to allow you to believe what others believe. And in your writing, you should strive to be as honest as possible. Honesty in your writing may prevent you from getting into trouble in the future with an employer. A good argument always begins with facts and evidence. In order to write a good argument, you should make sure that your arguments are well grounded in reality. By making sure that your arguments are well grounded in reality, you are providing good evid ence for your own statements, so you do not need to use a lot of information to support your position.

Monday, May 25, 2020

Drinking Age Lower It - Free Essay Example

Sample details Pages: 3 Words: 962 Downloads: 3 Date added: 2019/07/01 Category Society Essay Level High school Tags: Lowering The Drinking Age Essay Did you like this example? After Prohibition, nearly all states adopted a minimum legal drinking age of twenty-one. Then, between 1970 and 1975, twenty-nine states lowered the MLDA to eighteen, nineteen, or twenty. Advocacy groups urged states to raise their MLDA to twenty-one. Don’t waste time! Our writers will create an original "Drinking Age: Lower It" essay for you Create order Several did so in the late 1970s and early 1980s, but others did not. To encourage a national drinking age, Congress enacted the national MLDA. Congress passed the National Minimum Drinking Age Act in 1984, establishing twenty-one as the minimum legal purchase age. Today, almost 72% of teens who drink get alcohol without having to pay for it. Although a substantial amount of Americans claim that persons under twenty-one do not yet have the physical or mental capacity to handle drinking responsibly, drinking age should be lowered from twenty-one to eighteen due to the fact that persons at the age of eighteen are able to make important decisions and the prohibition of alcohol has been unsuccessful in the past sixteen plus years. Many Americans have argued the drinking age should either stay twenty-one or be raised due to the undeveloped prefrontal cortex. According to the National Center of Biotechnology Information, Cells that will produce the nervous system begin to form about three weeks after fertilization in humans, and cerebral maturation is not complete until an individual reaches his or her fourth decade of life. This means the prefrontal cortex, which is where the brain makes informed decisions, will not be fully grown until about forty years. Do American citizens want the MLDA to be forty? According to Health Magazine, Alcohol speeds up a neurotransmitter called glutamate, which is responsible for regulating dopamine in the brains reward center. In an underdeveloped brain, the neurotransmitter will react in a worse way causing the brains reward center to go insane. Ones judgment would be greatly impaired. Excessive alcohol consumption causes physical and mental impairment. Peoples under twenty-one will face major consequences in their persons. According to the U.S. Department of Health Human Services, there were about 189,000 emergency department visits by people under age twenty-one for injuries and other conditions linked to alcohol in 2010. Although this may pose a reason not to change to MLDA, studies done by the U.S. Department of Health Human Services show that the number of binge drinkers goes down significantly in nations where the MLDA is eighteen-twenty. Drinking by those below the age of twenty-one is also strongly linked with: death from alcohol poisoning and unintentional injuries, such as car crashes, falls, burns, and drowning. School performance problems, such as higher absenteeism and poor or failing grades, are linked with underage drinking in the U.S. This could be linked with the study that the number of binge drinkers goes up harshly with a higher MLDA. Citizens at the age of eighteen are able to get married, join the military, sign contracts, get tattoos, pay bills, and vote. These are all crucial and major decisions. Persons at the age of eighteen are able and encouraged to make adult or responsible decisions. According to the Conference of Local Bar Associations, at the age of eighteen your list of rights and responsibilities skyrockets from little to no legal responsibilities up to total responsibility for ones self. Citizens at the age of eighteen have the right to vote in national, state, and local elections, have the right to live independently from your parents and be free of their control, have the right to marry without your parents permission, have the right to enter into a contract, have the right to make a will, have the right to run for some elective offices, have the right to obtain medical treatment without the consent of your parents, have the right to apply for credit in your own name, have the right to work in al l types of jobs, and may enter military service without your parents permission. All of these important responsibilities but at eighteen a citizen cannot purchase or consume alcohol. The MLDA is eighteen-twenty in 116 countries. This list includes Australia, Canada, France, Greece, Ireland, and the United Kingdom. These are more economically developed countries (MEDC) just like the U.S. Attempts of alcohol prohibition have failed harshly, causing teenagers to drink less often but more rigorously. According to ChooseResponsibility.org, 90% of the alcohol consumed by persons aged eighteen to twenty is consumed when the individual is engaged in an episode of heavy drinking. Especially when understood in terms of the effect of large quantities of alcohol on the developing brain, this is an alarming statistic. According to the Substance Abuse and Mental Health Services Administration, In 2017, about 7.4 million people aged twelve to twenty drank alcohol in the past month, including 4.5 million who were binge drinkers and 932,000 who were heavy drinkers. About three-fifths of underage current alcohol users, 60.7 percent, were binge drinkers, and about 1 in 8 were heavy drinkers, 12.5 percent. About one-fifth of underage binge drinkers, 20.6 percent were heavy drinkers. Prohibition is not effective and the age groups drop below eighteen and even twelve. In 2003, 29% of the underage citizen population who were current alcohol users. In 2016, 19.3% of the underage citizen population who were current alcohol users. In the U.S, underage alcohol consumption is allowed on private, nonalcohol-selling premises, with parental consent in twenty-nine states. The goal of the MLDA is to prohibit alcohol consumption in citizens under the set age. This goal has not been achieved in the slightest. On top of this, the prohibition of alcohol proves to increase alcohol consumption. Countries with lowered MLDAs are proven to have lower alcohol abuse rates. Drinking age should be lowered from twenty-one to eighteen due to the fact that persons at the age of eighteen are able to make important decisions and the prohibition of alcohol has been unsuccessful in the past sixteen plus years, harming more citizens than protecting.

Friday, May 15, 2020

Modern Music And Its Impact On The Modern World - 2658 Words

The history of music would not be complete without the musical â€Å"fine art† that was created for the dominant minorities in Western Europe. Bergeron (1992) admits that it is quite a task to educate a two-term survey of Western Art music since students have no extra time for getting accustomed to the great musical masterpieces and their composers. It acquires the knowledge to distinguish which set of values will assist in selecting the pieces from the canon that are worth being carried from one generation to another. Many students and the academic sectors as whole tend to view the music of the 20th century regarding the canonical nature (Marcia, 2009). It is worth mentioning that the building of the musical canon of works is not tied to history. The article analyses the healthy aspects of the western canon concepts and practices about the musical materials. The case study majors in the construction of the canons and the readings from that of the current J. Kreidler and D. He lbich musical works. Marcia (1993) states that the emergence of gender could not be compared to a historical time nor can it be taken as a blueprint to be used for gathering data about a particular work or person. Gender as a factor has a great impact on the various categories of musicology, and its effect has continued to increase with time. Various researchers have begun conducting research on the influence of gender and their contribution to the growth of the musical practices. According to SuzanneShow MoreRelatedMusic has Accompanied Man through History656 Words   |  3 PagesUndoubtedly we are talking about music. As defined in the Oxford English Dictionary, music is â€Å"the art or science of combining vocal or instrumental sounds to produce beauty of form, harmony, melody, rhythm, expressive content, etc.† With the evolution of the universe, music similarly evolved especially after it became more and more developed with the interventions of humans and the impact tha t technology had left on it. Also, it is worthy to mention the voices that sang music; these amazing voices of legendaryRead MoreThe Impact Of Technology On The Modern World1547 Words   |  7 PagesImpact Of Technology In the Modern World Throughout the life, some influences have shaped people the way they live their lives today. Impact of a virtual connection, and go beyond the brain’s ability, is rising in an eyesight bling, which is a cause of socialization— brain’s ability to multitask and their consequences itself. The usage of the internet is creating conflict upon individuals that they have become modern in today’s world. In the essay â€Å"The Limit Of Friendship† by Maria Konnikova, whoRead MoreSteve Jobs Role For Shaping The Modern Technology1219 Words   |  5 PagesAlhussain Comm 1101 Glenda Funk FEB 17th 2016 Topic: Steve Jobs role to shape the modern technology General Purpose: To inform Specific Purpose: I want my audience to know the role of co-founder and ex - Leader of the Apple Company, Steve Jobs for shaping the modern technology Thesis Statement: The three aspects of technology in which the Steve Jobs contributed hugely with breathtaking innovation and idea are: Music, Personal Computing and Smart Phone. Introduction I. [Attention getter] How manyRead MoreGreek Culture and its Influences Today Essay1160 Words   |  5 Pagesand have left behind a legacy that helped define the Western civilization. Cultural diffusion helped spread Greek culture all over the world, and its effects can still be felt today in almost every aspect. Greek culture has greatly affected different parts of my daily life including architecture, food, government, inventions, music, religion, and education. Modern day architecture in America is greatly influenced by ancient Greek architectural styles, which include columns and decorative elementsRead MoreCulture and Music Essay921 Words   |  4 PagesCulture and Music George Gershwin once said, â€Å"True music must repeat the thought and inspirations of the people and the time. My people are Americans and my time is today.† Over the years, no form of art has attached itself to humanity more than music. Music has been creating and destroying cultures in the Twentieth Century at a very rapid rate. Fads come and go, but true music and the heart behind it never dies. The story of subcultures in and through modern music has to start in theRead MoreEssay on The Romantic Era a.k.a. the Enlightment Era649 Words   |  3 Pagesenlightenment era because it brought change to the way a person would look at nature and themselves. This changed how people imagined things. By the end of the 19th century the romantic era was started. Many artisans took this change to make literature, music, and poetry more emotional and self-embodiment. During this time period artists became famous and inspired many people with their works. Caspar David Friedrich was a famous artist who lived from 1774-1840 in Greifswald, Germany. He was known for paintingRead More Music Censorship Essay1269 Words   |  6 PagesMusic Censorship Healthy debates have been caused by todays music. Generally, foul language has rapidly increased within modern popular song lyrics, especially among rap and heavy metal artists songs. An increase in explicit violence and misogyny in popular music lyrics has been recorded. These lyrics have been judged to be inspirations for violent, suicidal, and criminal acts. For example, Mr. Raymond Kuntz referred to his sons incident. When his wife went to wake their son for school, theyRead MoreThe Influence of Books on the Past and Present Literacy850 Words   |  3 Pagesthe past literacy played an important role in adult education. For instance, the educators linked several issues to past literacy and adult education. The bone of contention emerges between the impact of theory and practice on policy making. The research provides the basis of how the three coexist in the world of literacy. It provides the platform where literacy meets adult education. The aspect of literacy in this context re lates to classrooms, workplaces, cyberspace, and tutorial sessions. The scholarRead MoreThe 4 Elements Of The Movement Of Hip Hop1654 Words   |  7 Pagesart used to express emotions visually, aurally, orally, physically. It is then categorized into 4 separate parts: mceeing, Djing, breakdancing and graffiti. All have evolved from when they were first created, shifted over the years and now apply to modern times. Many people have different versions to how Hip Hop was created. The one most often believed is how Dj Kool Herc came across 3 of the components that make up hip hop. When trying to entertain at a birthday party using a turntable, he accidentallyRead MoreJazz From The United States999 Words   |  4 Pagesâ€Å"American’s classical music.’’ Jazz is known as one’s of North America’s oldest and most celebrated musical genres. Clarence Williams takes credit for the term by declaring that he was the first to ever use the word ‘’Jazz’’ in a song. Jazz originated from brass band and ragtime piano styles of the 1800s that were blende to satisfy dancers. During the 1890s, jazz began to be recognizable as a style of its own. A lot of jazz is offered in night in nightclubs, where people gather to hear music while they drink

Wednesday, May 6, 2020

Essay Magazine Critique - 935 Words

Magazine critique Adbusters is a popular alternative magazine started in 1989 by self-proclaimed â€Å"cultural jammer† Kalle Lasn and Bill Schamlz. As the title suggests, Adbusters is dedicated to exposing and undermining mainstream capitalist culture. Their mission statement says,â€Å"We are a global network of culture jammers and creatives working to change the way information flows, the way corporations wield power, and the way meaning is produced in our society.† it’s consistently one of the most, interesting and relevant magazines that actually discusses something of substance. While the mainstream media delivers little but clichà ©s that never question the political and economic status quo, most alternative media tends to respond to the†¦show more content†¦In this article the magazine addresses four main issues â€Å"post normal, post empathy, post memory, post empire â€Å"and also different issues including commercial Calvin Klein jeans, Burberry and the mos t important about the biggest real time psycho experiment in human history in which they find today’s teenagers are addicted to social media technologies like YouTube potato, Facebook addict, texter and a gamer in a picture. They also mentions about other issue like children develops in condition which have been corrupted and troubled over the last several decades and how half of million kids are receiving heavy duty antipsychotic medication which could put children’s lives in danger and we are trying to fix the massive social problem that has to do with disconnection win society and loss of nurturing. The magazine covers also have little sign saying singularity or nightfall, which is an up coming in next issue of adbuster #95. In the beginning it shows president Barack Obama’s words about the coming up 40 years being the most important years in human history because of the shift of existing world system to capitalist world economy. On next few pages it picks on TVShow MoreRelatedAnalysis Of The Book West 10th And Poetry 1365 Words   |  6 PagesAmerican Contemporary Poetry: Journal critique essay West 10th and Poetry Magazines The importance of poetry in a college student’s life cannot be overemphasized. From ensuring that one is conversant with contemporary social and economic issues as well as generally having a large knowledge base on different subject topics. Poetry is important for the enrichment of the soul and the nourishment of the mind. It also helps us step back and look at things from different perspectives. Like any otherRead MoreAnalysis Of Ezra Pound s 1146 Words   |  5 PagesHomage to Sextus Propertius has stirred controversies after its first publication in Harriet Monroe’s Poetry magazine in March 1919. The poem is consisted of twelve sections and it was based on Propertius, a great Latin elegiac poet who lived during the first century. Pound’s poem provides a new interpretation of Propertius that differs from his predecessors. Pound finds a voice to critique the corrupted politics of his time. The poem, However, has enraged the Classicists for they viewed it as an Read MoreDickens Hard Times1535 Words   |  7 PagesAlthough it is not Dickensian, author still put his cliff-hanger characteristic on his work which makes the story enjoyable and worth reading for all-age-readers. Due to many interesting factors, this novel has been chosen to be the topic of this essay consisting of three parts that are the historical backgrounds, the facts about this novel and my critical reflections. To gain the comprehensive perspective of the story, we need to look back on historical backgrounds of the age that this novel tookRead MoreAdorno Horkheimers Traditional And Critical Theory Of Society1199 Words   |  5 PagesIn the essay Traditional and Critical Theory, Adorno Horkheimer introduced the term critical theory in contrast to the traditional theory. ‘Critical theory’ or critical theory of society is defined as a social theory which aims to both critique and changes the society by providing a normative and descriptive basis for the emancipation of the society. In fact, an emancipation of the oppressed (similar to the Marxian emancipation of the proletariat from the shackles of bourgeois)  is the core conceptRead MorePersuasive Writing1044 Words   |  5 Pagesfirst write an outline to gather together our ideas, then write our first draft, and then review a classmate’s paper while someone else reviews our. It is relevant to incorporate all the crit iques and corrections the instructor and classmates make because that will lead to a better paper afterwards. The three essays I have written for this course demonstrate that I have developed the correct formatting of MLA, APA and Chicago Style in citing external sources and writing a references page, as well asRead MoreAnalysis Of The Novel Uncle Tom s Cabin 1345 Words   |  6 PagesAccording to Annette Gordon-Reed, It is common for people to look at women’s novels and not take them seriously, especially in that time. â€Å"Jane Smiley, in a controversial essay, asked why Stowe’s novel has been more harshly treated than works written by men which are just as dated and offensive in their treatment of race, notably, Huckleberry Finn.† (Annette Gordon-Reed). I believe that Stowe’s novel was taken seriously as a woman’s novel. Uncle Tom’s Cabin was very influential in that time periodRead MoreMark Twain s The Adventures Of Huckleberry Finn A nd The Adventures Of Tom Sawyer1226 Words   |  5 Pagessame mass audience and level of fame as the better-known Twain classics. For just as a novel like Huckleberry Finn serves as a searing critique of racial inequality, â€Å"The War-Prayer† offers a dark satire on society’s willful blindness to the ramifications of jingoistic patriotism. In â€Å"The War Prayer† Twain argues against the philosophy of imperialism. This essay was written in 1900’s when America was caught up in the idea of imperialism and extending its influence to other countries using militaryRead MoreSocial Constructionism and the Relationship Between Meaning and Power1181 Words   |  5 Pagesreality. These are intensified and disseminated, if not, often times created, by powers of society, such as the media, who create and use words to forge certain images in peoples minds and to create the realties that they wish to render. The following essay uses a recent advertisement from Singapore Airlines as example of this thesis. Reality is socially constructed. We see the world through a lens. Each culture and society has its own way of perceiving reality and existence. This becomes its weltanschauungRead More Critique of a Website Essay1639 Words   |  7 PagesCritique of a Website Web sites are just like magazines, newspapers, brochures, menus, or even directions on how to make nitroglycerin from house-hold goods, in that they all have to be put together in such a manner that whoever is reading or browsing over it will be able to clearly distinguish this from that. In this sense, a critique of any particular web site will have justification, while carefully considering also that this is an altogether new medium of information exchange. Now, all ofRead MoreTense Present Democracy, English, And The Wars Over Usage1043 Words   |  5 PagesSummary of â€Å"Tense Present Democracy, English, and the Wars over Usage† Published in April of 2001 by Harper’s Magazine, David Foster Wallace’s essay is both a review of A Dictionary of Modern Usage by Bryan A. Garner and an interjection into the present day â€Å"Usage Wars.† Wallace’s thesis for his essay is stated after a list of grammatical errors that are overlooked on a daily basis and a few paragraphs defining SNOOT. His thesis states, â€Å"Issues of tradition vs. egalitarianism in U.S. English are

Tuesday, May 5, 2020

Provisions of Australian Contract Law

Question: Discuss about the Provisions of Australian Contract Law. Answer: Introduction This question consists of three different cases where we need to comment that whether consideration is present and whether it has an enforceable agreement. All three cases are almost similar with slight difference in the price which is offered for the Lotus Super 7 Sports Car. Before commenting on all three cases we should understand the meaning of Consideration and Enforceable Agreement/Contract. (Lawyerie, 2016) Consideration: it is a value which a promisor receives from a promisee in return for his promise. It is concerned with the bargain of the contract. It must have a value in the eyes of law and excludes promises of love and affection, betting gaming etc. A promise which is only from one side is not a consideration, instead it is a gift. There are various rules which are governing the law of consideration. The rules are given below:(Ilovelibrariesorg, 2016) Consideration should not be past. It should move from the promise. It must be sufficient and should not be adequate. Any part payment made should not be considered as a valid consideration for a promise to forgone the balance. Any existing public duty and contractual duty should not be regarded as valid consideration.(E-lawresourcescouk, 2016) Enforceable Agreement/Contract: There are certain provisions which needs to be fulfilled to called a contract or an agreement is enforceable. The basic requirements which need to be there for a contract to be enforceable are:(Lawscom, 2016) 1. Consideration must be present. 2. There must be an offer by a party 3. Acceptance must be given by the other party. 4. Relevant parties must have the legal capacity to the contract. 5. The matter on which the discussion is there must be legal in law. 6. There must be a mutual obligation between both the parties If all the above mentioned conditions are present then a contract or an agreement is considered as enforceable.(Lawcom, 2016) There are two parties involved in this case named as Jane and Jack. Jane is giving an offer to Jack to give her Lotus Super 7 sports car. Nothing is mentioned regarding the price at which the car is offered. The price of the same vehicle in a very good condition in the market was $25,000. In this case only Jane has given promise to give her sports car to Jack but there is no promise from the side of Jack. For a consideration to be present promise should be there from both sides, but here promise is given only from one side. Jack has not given any promise to Jane, so there is no consideration. In such cases it is called as gift. Jane has gifted her Sports car to jack without any consideration. Jack has even accepted the offer which is given by Jane. Now since consideration is not present then this contract would be enforceable by law. Any contract can be enforceable only when a consideration is present in it, but in this case consideration is not there. Hence this case neither has any consideration nor is the contract enforceable by law. The second case is also very similar to the first one but the only difference is the price which is given for the sports car. Jane has promised to give her sports car to Jack at a price of $25,000. The market price of the same vehicle in a very good condition would also cost $25,000. This means the price which is offered by Jane is same as the price which is offered in the market. In this case both Jane and Jack promised each other. Jane has promised to give her car to Jack while Jack has promised to give $25,000 to Jane. $25,000 paid by Jack to Jane is the consideration paid. The said contract between Jane and Jack is enforceable since all the elements of a contract are present in it. The elements fulfilled in this case are:(Rocketlawyercom, 2016) Jane has offered her Sports car to Jack. Hence the offer condition is fulfilled. Jack has accepted the offer which was offered by Jane. Hence the acceptance condition is also fulfilled. Jack has paid $25,000 to Jane for the car which is same as the price which is offered in the market. Consideration condition is also fulfilled. Both the person involved has the obligation. Jane has an obligation to give her Sports car to Jack and Jack has an obligation to give money to Jane. Hence Mutuality of obligation condition is also fulfilled. Both Jack and Jane have the legal capacity to the contract.(Thefreedictionarycom, 2016) Hence in this case consideration is present and even the contract is enforceable by law. The third case is also very similar to the first two cases except the price which was given by Jack. Even here Jane has offered her Sports Car to Jack but at a price which is very low than the price offered in the market. Price offered in the market was $25,000 while the price offered by Jane to Jack was only $2,500. The price offered was only 10% of the price offered in the market. Consideration is present in this case but it is not legally enforceable because the price offered is very low. For a consideration to be present certain rules needs to be fulfilled. The rules are explained below:(Wwwuiono,, 2016) Consideration paid here does not belong to past. It was a promise given by Jack to Jane in return for the Sports Car. The consideration paid was not sufficient because it was only 10% of the price which was offered in the market. The amount paid is not a part payment. $2,500 is the full payment which was paid by Jack to Jane. There are not contractual and public duty included in the consideration. All the conditions regarding consideration have been fulfilled except the third condition. Consideration paid by Jack was not sufficient enough. Now since consideration is not present then the contract would also be not enforceable by law. Hence in this case neither the consideration is present nor is the contract enforceable by law.(Findlawcom, 2016) Issue: This case also highlights the provisions of contract law. With the help of this case we would understand about the breaches in a contract. Two parties are involved in this contract. A shipbuilder has taken a contract to build a tanker for North Ocean Tankers. The terms and conditions of the contract were: 1. Amount paid to the shipbuilder would be in U.S. Dollars. 2. If there is any change in the currency then price paid would not get affected. It does not contain provisions for currency fluctuations. When fifty percentage of the contract was completed U.S. had devalued Dollar by 10%. Now since the contract didnt contain provisions regarding currency fluctuations, shipbuilder suffered losses. Due to the loss suffered shipbuilder demanded an extra amount of $3 million and if the amount is not paid then the construction would be stopped. Buyer didnt want the construction to be stopped since they had a charter for the tanker and it was essential that it should be delivered on time. Buyer agreed to pay the demanded extra amount under protest. Buyer decided not to take any action until the entire construction is completed. As soon as the construction was completed buyer wanted to recover the extra money which was paid. We need to see that whether buyer would be successful in claiming back the extra amount which was paid by them or not.(Wordpresscom, 2016) Rule: when an agreement between two parties is legally enforceable then it is called a contract. But there are certain elements which need to be present in a contract to make it legally enforceable. The elements are discussed below:(Contractstandardscom, 2016) Acceptance and offer Agreement should be legal as per the respective State Laws. Both the parties must have the intention to create binding relations. Consideration must be paid for the promise, which is made by the party. Both the parties must have the genuine consent. Legal capacity of the parties to act. If all the above-mentioned elements are present in a contract then it is considered as a contract.(Lsuconca, 2016) Breach of a contract is a legal cause of action in which one of the parties did not performed its promise as per the terms and conditions of the contract. If a party was unable to perform his duty as mentioned then it is considered as a breach. There are various kinds of breaches in a contract which are discussed below:(Ideaint, 2016) Minor Breach: in such kind of a breach non-breaching party could not sue the breaching party for specific performance but can sue for actual damages. Material Breach: in such kind of a breach party to the contract can either compel performance or collect damages because of the breach. Fundamental Breach: In such kind of breaches aggrieved party can terminate the performance of a contract and the party can sue for damages as well. Anticipatory Breach: under this breach party will not perform his duty when the performance is due. It is a situation where future non-performance is inevitable.(Adamsdraftingcom, 2016) Application: first we need to check that whether the contract entered between the shipbuilder and North Ocean Tankers is legally enforceable by law or not. The elements of a contract are discussed below in detail: North Ocean Tankers is a company which has given an offer to the shipbuilder to construct a tanker for them. Offer is present in this contract. Shipbuilder has accepted the contract which was offered by the buyer. Acceptance is also present in the contract. For the work done by the shipbuilder, amount is paid by the buyer in U.S. Dollars. Hence consideration is also present in this case. Both the parties have obligation to perform. Shipbuilder has the obligation to build the tanker and North Ocean Tankers has the obligation to pay them. The terms and conditions of the contract are legally enforceable. As per the terms payment will be made to the shipbuilder only in U.S. Dollars and it will not contain any provisions regarding currency fluctuations.(Dlapipercom, 2016) Since all the elements of a contract are present in this case, the said contract is legally enforceable by law. But since shipbuilder was suffering losses, it had asked for extra $3 million to be paid. This was not as per the terms and conditions of the contract. It was clearly mentioned that provisions of currency fluctuations should not be there. Inspite of knowing this shipbuilder had asked for extra amount. This is a breach of a contract committed by the shipbuilder. If he was not happy with the terms of the contract then he should have requested for a change in the terms. But unfortunately there was no such request by the shipbuilder and hence it was assumed that he has agreed with the terms and conditions of the contract. This breach is considered as a minor breach which was committed by the shipbuilder. Though buyer had paid an extra amount to the shipbuilder, it has an option to recover the amount from him. Nine months after when the contract was completed buyer wanted to recover the excess payment which was paid under protest. As per Australian law buyer has the complete right to reco ver the amount which was earlier paid by the buyer under protest. Conclusion: The shipbuilder should have raised an objection when terms and conditions of a contract were made but no objections were raised. So now he cannot change the terms of the contract. Payment terms were fixed so buyer has the right to recover the excess amount, which was paid to the builder. Hence Buyer would be successful in recovering the excess amount paid to the builder. 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