Quality essay writing
Research Paper Topics For Mism
Wednesday, September 2, 2020
Campus Foods Essay Example | Topics and Well Written Essays - 500 words
Grounds Foods - Essay Example The report should be sent to the leader of the college, the human asset office, and state and OSHA offices. Upon her examination of the activity Cindy found an upsetting pattern. The CFS seems to have a genuine wellbeing issue on the grounds that the quantity of mishaps is 20% higher than comparative size activities in the food business. Her chief, Jake, advised her to limit the seriousness of the mishap report since CFS couldn't bear the cost of the report to show expanded mishap insights. Jake likewise indicated to Cindy that her evaluation and good employment suggestion lay on how she took care of the mishap report. She discovered 46 instances of mishaps and furthermore saw that a few mishaps had gone unreported. Cindy needs to pick among these seven other options: The principal choice is certainly not a decent option on the grounds that as an expert Cindy needs to conform to high moral measures. Cindy is confronting a moral quandary. ââ¬Å"Ethical problems, otherwise called moral issues, are circumstances in which there are two decisions to be made, neither of which settle the circumstance in a morally adequate fashionâ⬠(Yourdictionary, 2012). It would be exploitative, hazardous, and unlawful for her to overlook reality from the specialists. The second and third choices are acceptable and moral other options, yet these alternatives put her profession in danger on the grounds that Jake undermined Cindy that he would give her a terrible evaluation and awful suggestion in the event that she came clean. The choice of calling the press and releasing the story would make her an informant. An informant can be characterized as an individual who uncovers any bad behaviors or misbehaviors that are occurring inside an association (Bainbridge, 2007 ). I don't feel this is the best game-plan since it would focus on a ton negative the college. The best choice for Cindy which guarantees she consents to the her moral commitments, while
Saturday, August 22, 2020
ICT Ethical Dilemma Facebook is Chipping Away at Privacy
Question: Talk about the Report for ICT Ethical Dilemma of Facebook is Chipping Away at Privacy. Answer: Presentation The procedure known as Doing morals method (DET) has the ability to investigate different ICT related moral quandaries as opposed to concentrating on different kinds of moral predicaments. In this procedure, certain means must be followed to obtain information on the current moral problems on a specific theme or issue being distributed over the web. The moral issue perhaps looked by any individual or even an association. This strategy likewise assists with delineating and comprehend appropriate alleviation procedures that could be embraced as a choice to take out the distinguished moral issue. In setting to Lilley, Grodzinsky and Gumbus (2012), responses to some arrangement of inquiries fill in as a way to perform DET. The appropriate responses are given considering the picked situation on moral issue. Henceforth, in this paper an article Facebook is working on security has been taken to perform DET. Utilization of Doing Ethics Technique (DET) on the article What is happening? The article depicts an ongoing moral circumstance that has been happened in a champion among the most well known generally speaking used social site Facebook. The scene relies upon the security of this social stage. It is represented that by and by Facebook is wearing out the insurance level and the profile of the customers has being revealed without the approval from the customer itself (Eden, Jirotka Stahl, 2013). The clarification for the examination of individual data is generally happened in light of the new additional web record that works with no kind of alert. Be that as it may, the clients of Facebook don't have any thought with respect to how to ensure confirmation. The condition had been confronted by one of the Facebook clients who killed her profile in the time of 2014 yet reproduced her profile in the time of 2015. What are the realities? The real factors of this case depend on upon the security technique of Facebook. The story depends on upon a man who confronted the security gigantic issues while utilizing the Facebook web arranging website. The loss of the story has a Facebook profile in any case; she annihilated that in view of some individual explanation in the time of 2014 (Hern, 2016). Once more, in 2015 she opened another record with unessential progression totally required data. The basic concern is this she might not have any desire to remain in contact with any of her school partners rather her accomplices. She set up that without her insight people could look her with the help of Facebook. In addition, anyway she kept up an extraordinary security and assurance in her Facebook account yet simultaneously she found that people could think about her focal points and pictures and certain divider post without her approval (Wright et al., 2014). The reality of the situation is that, the approval of the customers some individual unobtrusive components are as yet open to all other Facebook customers. What are the issues? The story has certain good and some non-moral issues from the loss' point of view. In any case, the news relies upon a particular Facebook account customer yet the issues are colossally standing up to by all the Facebook customers (Osman, Wardle Caesar, 2012). The objective of the web based systems administration makes certain towards the customers that it gives a general partner framework and a free stage to the Facebook customers. The significant good issue is this that individual focal points are being examined before everyone without the capacity of the customers. The data security is too much expansive as a piece of Facebook. According to the story, the major corrupt issue is that it controls the security of the system and amazingly the individual data are being shared among others (Lannin Scott, 2013). Who is influenced? In this particular story, the setback is a Facebook account customer. In any case, the loss is one customer yet simultaneously, this may rise (Brew, Cervantes Shepard, 2013). The security is a champion among the most fundamental portions in the midst of the execution of any long-extend relational correspondence site where customers are coming and sharing their viewpoints. What are the moral issues and their suggestions? Among a couple of good issues, the main problem portrayed in this story is conferring of individual data to dark and increasingly odd people. In any case, the customer isn't fascinated to share her unobtrusive components but instead as a result of nonattendance of security and assurance rather for general security setting methodologies, she will without a doubt grant her focal points to outcasts (Lannin Scott, 2013). At times it is in like manner found that singular data are being manhandled by others for doing inaccurately works. On the other hand, if the maltreatment of individual data, for instance, setting aside cash unpretentious components and individual focal points may in like manner make terrible impact in the customer's cerebrum. What could have been done about it? With a particular ultimate objective to decide this issue, all the more overpowering creating security techniques are to be executed by the Facebook authority. The security customization decision must be added to all the individual territory of Facebook to forestall the ethical issues (Kosinski et al., 2015). Beside this, various rising progressions new organizations are there who are fabricating straightforward things with increasingly improved insurance methodologies. These are to be added to the Facebook pages. What are the alternatives? Remembering the ultimate objective to reduce the issues occurred in the story, can be ousted by intertwining certain assurance norms and bearings to it. Joining of Ello (antagonistic to Facebook relational association), one of the latest startup open concern, that help the customer to make sense of how the individual data can be kept made sure about (Hern, 2016). Decentralization of substitute Facebook can direct the issue. Security all around arranged choice Google interest can be incorporated inside the structure. Which alternative is the best and why? Among the recorded course of action one of the perfect responses for the ICT based Ethical issue is decentralization of trade Facebook. Web get to is an unlimited anyway bound together structure and the outrageous proportion of data stream is dealt with by Google, Microsoft, and Facebook (Wright et al., 2014). Thusly, most noteworthy amounts of data are dealt with by least associations, where the chances of peril occasion are all things considered imperative. Subsequently, decentralized exchange to Facebook is the best option concerning this circumstance the data of the staff can be taken care of with most extraordinary security. With the help of Diaspora, programming customers can pick their necessary center point registers to recoup or modify singular data. End The utilization of DET on the picked article has understood the ethical issue being raised by this episode. The software engineers use some renowned relational connection goals for effectively hacking just as expelling information and data. The outcomes from this assessment have chosen the diverse course of action that can be executed in Facebook to hold the security of customers and keep up the records subtly. At last, to close it very well may be said that the clients of Facebook ought to know about the utilization of Diaspora with the goal that they can keep their own data from open introduction. References Blend, L., Cervantes, J. M., Shepard, D. (2013). Millennial Counselors and the Ethical Use of Facebook.Professional Counselor,3(2), 93-104. Eden, G., Jirotka, M., Stahl, B. (2013, May). Mindful Research and Innovation: Critical reflection into the potential social results of ICT. InIEEE seventh International Conference on Research Challenges in Information Science (RCIS)(pp. 1-12). IEEE. Hern, A. (2016).Facebook is working on protection and my profile has been exposed.the Guardian. Recovered 14 August 2016, from https://www.theguardian.com/innovation/2016/jun/29/facebook-security mystery profile-uncovered Kosinski, M., Matz, S. C., Gosling, S. D., Popov, V., Stillwell, D. (2015). Facebook as an exploration apparatus for the sociologies: Opportunities, challenges, moral contemplations, and commonsense guidelines.American Psychologist,70(6), 543. Lannin, D. G., Scott, N. A. (2013). Person to person communication morals: Developing accepted procedures for the new little world.Professional Psychology: Research and Practice,44(3), 135. Lilley, S., Grodzinsky, F. S., Gumbus, A. (2012). Uncovering the marketed and agreeable Facebook user.Journal of Information, Communication and Ethics in Society,10(2), 82-92. Osman, A., Wardle, A., Caesar, R. (2012). Online polished methodology and Facebookfalling through the age gap.Medical teacher,34(8), e549-e556. Wright, D., Finn, R., Gellert, R., Gutwirth, S., Schtz, P., Friedewald, M., ... Mordini, E. (2014). Moral issue situations and rising technologies.Technological Forecasting and Social Change,87, 325-336.
Friday, August 21, 2020
Impact of Racism in the School Environment Research Paper
Effect of Racism in the School Environment - Research Paper Example Scholastically, an understudy that experiences tormenting will have low confidence and come up short on the push the individual in question requires to perform well in school. They might be modest in introducing themselves in the school and have no confidence to proceed with learning. It is entirely expected to see understudies that experience the ill effects of harassing need moves to different schools. It implies that the casualty detests the school and would not focus on any action. Their evaluations in the class drop as they moderate or even quit concentrating in the dread of assault. As a piece of the guardians ensuring their kids, they pick to take them to different schools. In the event that the school doesn't discover an answer for harassing, the parent must secure the youngster (Burgis, 2012). As a measure to control the unforgiving consequences of bigotry, schools have dispatch zero resistance to prejudice arrangements. It guarantees that understudies get the proper instruc tion true to form and don't experience the ill effects of any negative powers. The casualties of prejudice are in three gatherings; understudies, educators, and the schools itself. While we acknowledge social assorted variety, racists take these distinctions and use them to threaten others. It isn't just understudies that experience the ill effects of prejudice. An educator whose culture doesn't comply with that of nature of activity may confront prejudice and endure its belongings. The schools' climate is similarly influenced when tormenting and bigotry are in progress.â Students that face prejudice might be reluctant to go to class. At the point when they recollect the humiliating minutes, they oppose any endeavors to have them return to the equivalent place.â â
Wednesday, May 27, 2020
Camaraderie Deciding an Individuals Fate - Literature Essay Samples
Of Mice and Men and The Grapes of Wrath, two novels published concurrently by John Steinbeck, both depict camaraderie between dust bowl migrants. The main characters in Of Mice and Men, George and Lennie, form a bond, while struggling to reach their goal, a small farm. Similarly, Jim Casy of The Grapes of Wrath befriends Tom Joad, a friendship eventually uplifting the whole migrant community. Outwardly, the two relationships may seem to parallel each other. In reality, these alliances differ greatly. Consequently, in Of Mice and Men, friendship leads to destruction, in The Grapes of Wrath, salvation. Starkly contrasting George and Lennies relationship in Of Mice and Men to Tom and Jim Casys in The Grapes of Wrath, Steinbeck unquestionably shows that camaraderie decides an individuals fate. To begin, George and Lennie interact quite differently from Tom and Casy; the former share a master-slave relationship, while the latter, a more equal relationship. For instance, George orders Lenn ie to à ¬say nothingà ®(6), upon reaching the ranch where they will work, fearing that if [the boss] finds out what a crazy bastard [Lennie is], [they] wont get no job (6). Lennie obeys. Later on, when Lennie innocently calls Curleys wife, the flirtatious daughter-in-law of the ranch owner, purty (32), George fiercely admonishes Lennie to not even look at that bitch (32), once again demonstrating a master-slave relationship. In contrast, Tom and Casy, engage in an equal relationship; in fact, Tom candidly tells Casy, a one-time preacher, now philosopher, his opinion of Casys philosophy, throughout The Grapes of Wrath. For example, when Casy explains to Tom his idea that maybe all men got one big soul everbodys a part of(33), Tom openly replies, you cant hold no church with idears like that (33). Moreover, Casy never forces Tom to do anything, contrasting their relationship to George and Lennies relationship. Actually, at the conclusion of The Grapes of Wrath, Casy only requests To m to - tell the folks [in the ranch] how it is Tell em their starvin [the protesters] an stabbin theirself in the back (523); Tom replies Ill try to get to tell the folks (523). Clearly, Tom and Casys equal relationship sets them apart from George and Lennies master-slave interaction. These relationships, in turn, decide the fate of the respective characters. Not only do the relationships contrast each other, they also shape the people involved differently. In The Grapes of Wrath, Tom Joad transforms from self-centered person to a martyr for all Okie (280) people, because of his companionship with Casy. Initially, a very hedonistic Tom remarks, Maybe I should of been a preacher I been a long time without a girl (31). This self-indulgent outlook gives way to a broader, all-encompassing attitude, as Casys philosophy influences him. Before leaving his family, in the concluding chapters of The Grapes of Wrath, Tom explains to his mother, Maybe like Casy says, a fella aint got a soul o f his own, but a big piece of one (572), he even adds God, Im talkin like Casy comes to thinkin about him so much (572). Obviously, Toms camaraderie with Casy transforms Tom for the better; however, in Of Mice and Men, George virtually crushes Lennies free will, making Lennie completely dependent upon him. For example, Lennie initially threatens to go off in the hills an find a cave (12), whenever George treats him cruelly; thereby, Lennie exerts a measure of freedom. However, as the story progresses, Lennie seems to have no will of his own. In fact, when Curley, the ranch owners belligerent son, fights with Lennie, George must command Lennie to get im (63); subsequently, when Lennie nearly kills Curley, George must order Lennie to leggo of him (63). Therefore, Lennies transformation reflects his relationship with George, a master-slave partnership, transforming Lennie for the worse. Later on, in each novel, the deaths that occur reflect the wide gulf between the respective associa tions. Finally, Casy and Lennies deaths contrastingly impact each relationship; Lennies death for the worse, Casys death for the better. In Of Mice and Men, Lennies unswerving devotion to George leads to his own death, when Curleys wife flirts with him. At first, Lennie scorns her advances saying [if] George sees me talkin to you, hell give me hell (87). Curleys wife persists, even letting Lennie stroke her hair. When Lennie pulls to hard on her hair, she beings to scream, scaring Lennie; Lennie believes that if George hears her screaming, George wont let him à ¬tend the rabbitsà ®(87), at their dream ranch. In a moment of confusion, Lennie accidentally kills Curleys wife; then, he goes to hide in the brush till [George] comes (92), carrying out Georges instructions to the letter. Sadly, George, Lennies so-called friend, shoots Lennie, when he comes to the brush. Lennies death sharply contrasts Casys death, which inspires Tom to champion the à ¬Okieà ®(280) cause. Throughout The Grapes of Wrath, Casys philosophy affects Tom subtle ways. Casys death acts as a catalyst, making Tom realize the truth behind Casys theories. However, both deaths influence the respective relationships differently; Lennies negatively, Casys positively. Thus, John Steinbeck deliberately contrasts George and Lennies master-slave relationship to Tom and Casys equal relationship, to show that camaraderie shapes a characters fate. Both Casy and George cause changes in Tom and Lennie, respectively. However, Tom changes from a hedonistic individual to a martyr for the Okie(280) peoples; contrastingly, George affects a negative change is Lennie. Lennie, who has some degree of free will initially, becomes completely dependent upon George. In both cases, the old adage, Beware of the company you keep holds true, for the company the characters keep eventually transforms them for the better or for the worse.
Saturday, May 16, 2020
Confederation And Constitution ( Ginger ) - 1376 Words
Confederation and Constitution (Ginger) After winning independence from Great Britain in 1776, the United States was in need of an organized national government, clearly defined in written form. The first Continental Congress drafted the Articles of confederation the following year, though it would not be ratified until 1781. The Articles provided the framework for a centralized government but ultimately were not strong enough to enforce its own requirements. A new constitution was needed. Congressional leaders began the process of drafting another document that would strengthen the weak federal government while continuing to ensure individual liberties. The Constitution of the United States was ratified in 1787 after much debate and compromise. (Charters of Freedom A More Perfect Union: The Creation of the U.S. Constitution The U.S. National Archives and Records Administration http://www.archives.gov/exhibits/charters/constitution_history.html [1/3/2016]) Articles of Confederation The Articles of Confederation were written to supply the newly independent nation with guidelines for a centralized government. Under the Articles, this government was successful in winning it s independence from Great Britain through the Revolutionary War. Members of the Continental Congress negotiated an end to the war by signing the Treaty of Paris. Another accomplishment of the Articles was the establishment of the Departments of Foreign Affairs, War, Marine andShow MoreRelatedRhetorical Analysis Of Abraham Lincoln s Gettysburg Address 1669 Words à |à 7 Pagesless important than the speechâ⬠in his eulogy, was it properly given its recognition. This speech provided others with buildings blocks for their own civil rights movement such as Martin Luther King Jr. ââ¬ËI Have a Dreamââ¬â¢ speech, as well the French Constitution of the Fifth Republic adopted in 1958. It can also be said that his speech set the tone for what the Union was fighting against the rebellious Confederacy for. Lincoln started his speech by reminding his fellow Americans that just ââ¬Å"four scoreRead More Colombia Essay6023 Words à |à 25 Pagesregions, which cover about one-half of the country, include such commercially useful trees as mahogany, lignum vitae, oak, walnut, cedar, pine, and several varieties of balsam. Tropical plants also yield rubber, chicle, cinchona, vanilla, sarsaparilla, ginger, gum copal, ipecac, tonka beans, and castor beans. Among the wildlife are the larger South American mammals, such as jaguars, pumas, tapirs, peccaries, anteaters, sloths, armadillos, and several species of monkey and red deer. Alligators, onceRead MoreCorporate Social Responsibility15903 Words à |à 64 Pagesworkforce. Respect for individuals and their rights is a core belief at Tata Steel. Any violation is dealt with as per the prescribed law. Tata Steel also ensures protection of the Fundamental Rights of individuals, which are enshrined in the Constitution of India. The Company has made it mandatory for its suppliers and contractors to implement Human Rights norms. Happy and enthused employees is an important constituent of Vision 2007 of Tata Steel . All employees have been trained on the objectives
Wednesday, May 6, 2020
Date Rape Drugs - 909 Words
Date Rape Drugs Alcohol has been the date rape drug of choice for years. Now there are some new drugs on the market, which are being used for date rape. These drugs are Rohypnol, and GHB, or gamma hydroxybutyrate. Theyre used to spike unsuspecting victims drinks. This can be easily done because these drugs have no odor, color or taste when put into a drink. These drugs are being increasingly used by youth Ãâ" in many cases as a date rape drug because of its ability to affect willpower. A 2mg dose of these drugs in one beer can put a person flat on their back, awakening with no memories of what happened them. Alcohol is a depressant drug; it slows the activity of the brain and the spinal cord. Beer, ale, wine, and hard liquorâ⬠¦show more contentâ⬠¦In fact, if you are to be drinking, you are strongly advised to drink only from tamper-proof bottles or better yet, from cans, and to insist that you open them yourself. Never ask someone to watch your drink for you, they could be easily distracted, or might not be as trustworthy as you would hope. Note that drinking mixed drinks from a wide-mouthed glass is asking for trouble; Rohypnol dissolves very easily in beverages, and the amnesiac state can begin within 10 minutes. Never under any circumstances leave a friend who is displaying the effects of this drug! Be sure to see them home safely and remain there with them. Chemically-Assisted Date-Rape is a problem that is not going away as rapidly as we would hope. Please see this report from the University of Southern California on Flunitrezepam and its involvement in date- or acquaintance-rape. For some tips on protecting yourself in todays increasingly estranged and schismatic world, please see this review of this book: The Gift of Fear. You may also wish to see the informative pages of the National Coalition Against Sexual Assault. You should also take a look at the drug Versed, which is legitimately used to induce conscious sedation in clinical settings. Sources: Http://earthops.org/oldrohypnol.htm Class Handout: Facts about Club Drugs from CASA Temple University Drug and alcohol resourceShow MoreRelatedAndrew Luste and the Date Rape Drug597 Words à |à 2 PagesIn 2002, 2003, and 2004, Andrew Luster was convicted of dosing three women with a date rape drug known as GHB (Gamma Hydroxybutyric Acid). The first accuser was a twenty-one year old college student, the second a seventeen year old, and the third accuser has been in a relationship with Luster until she found out that he raped her the first night they met. He was found guilty and is charged with rape, oral copulation, sodomy, a fight to avoid prosecution, and was sentenced to fifty years in jail withRead More Rohypnol Essay2130 Words à |à 9 Pages ROHYPNOL By Jenet nbsp;nbsp;nbsp;nbsp;nbsp; Rohypnol is a drug commonly known as the date rape drug. According to the article ââ¬Å"Drug-Facilitated Date Rape,â⬠by Erica Weir, Rohypnol is not a legal drug in the United States or Canada but it is legal in 62 countries in Europe, Africa, Latin American and the Middle East. It is one of the most commonly used sleeping pill or anti-anxiety drug (Benzodiazepine) in these countries. People can get Rohypnol by prescription. Its main function is to depressRead MoreConstitutionality Of The California Proposition 472156 Words à |à 9 Pagesmore heinous crimes and give more to the rehabilitation of the less serious offenders. The money saved by passing this proposition would go into the newly established Safe Neighborhoods and School Fund, with percentages going towards mental health and drug abusers, as well as to the State Department of Education to prevent crimes and create support programs in schools (Ballotpedia 2014). Proposition 47 was voted on November 4, 2014. This prop osition was initiated through a petition that acquired enoughRead MoreThe Research Phase Of This English Essay Consisted Of Many1740 Words à |à 7 Pagesramifications of date rape, more in depth, the effects it has on the victims. I have had very little personal experience with this topic, as I have never experienced date rape firsthand, but I have been educated on the topic. During the summer, there was a sexual assault course called Haven that was a requirement for every student at the University of North Carolina at Greensboro. This course contained information about rape, sexual assault, and the ways drugs can be used to rape people. After learningRead MoreSexual Rape And Sexual Assault2248 Words à |à 9 Pagesharassment, stranger assault and a more under reported crime, such as date rape (Types of Sexual Assault). Date rape drugs are used in sexual assault; which is any type of sexual activity that a person does not agree upon (Date Rape Drug: Get the Facts on the Different Kinds). Anyone can be a victim of sexual assault regardless of their race, culture, gender, sexual orientation, abilities, or age (Types of Sexual Assault). Rape and sexual assault are ongoing occurrences throughout the Nation. At JPDRead MoreSocial crimes and their solutions1437 Words à |à 6 PagesCrime is one social issue that has caught everyones eye. Crime has various branches; there are lots of different types of crime. Major crimes that are the main cause of concern include Kidnapping, Theft/Robbery, Murder, Rape, ChildAbuse (Verbal and physical), Terrorism (Bombings etc), and identity fraud so on and so forth. One of the main social agendas of our age is to find a way to prevent these crimes. There are different ways, theories and ideas as how to stop all of these crimes. MurderRead MoreIs It Right For College? Essay1143 Words à |à 5 Pagessmoking and the worst drugs. When you mix all those ingredients together it is almost never a smart decision. Date rape drug is very popular around college student and even worst individual fall victim to the deviant behavior even though they are just trying to enjoy their college experience. Some of the know drugs that are commonly use and that has a great impact on college students causing them to fall victim to it is Rohypnol, Gamma Hydroxybutyric Acid (GHB), and Ketamine. These drug can cause an individualRead MoreDate Rape Essay977 Words à |à 4 Pages Date rape happens a lot when people are in college, more women than men but itââ¬â¢s still something that happens more than it should and I ask what are the colleges doing on campus to prevent this from happening to more college students. I think that colleges are trying to stop date rape from happening as best as they can but I also believe there is a lot more they could be doing to try and stop date rape. College students shouldnââ¬â¢t have to worry about going out on a date, party,Read MoreThe Death Of A Liquor Store1747 Words à |à 7 Pagesblacked out so quickly and with so little alcohol in his system the night Rashida was murdered. Another thought came to him, and he shuddered. Rashida had a date rape drug in her system. Brig had called it a specific name, something starting with an ââ¬Ër.ââ¬â¢ He swallowed hard. Orson had been kicked out of medical school for giving a co-ed a date rape drug. Now Denny had to know more. He could search on his phone but it would be so much easier on his laptop at home. He put the Camaro in gear and gravelly snowRead MorePrescription Drug Abuse And Its Effects On The Society1520 Words à |à 7 Pagespleasure. Abuse of prescription drugs is a huge issue in our country, although many people use them solely for medical reasons, most people do not. According to Nora D. Wolkow, M.D., ââ¬Å"An estimated 52 million people (20 percent) of those aged 12 and older) have used prescription drugs for non-medical reasons at least once in their lifetime.â⬠(National Institute on Drug Abuse). This is now extremely common and is only becoming a bigger problem by the day. Prescription drug abuse causes a crippling affect
Tuesday, May 5, 2020
Aspects of Contract and Negligence for Business
Questions: 1. Apply the elements of contract in given business scenarios.2. Apply the law on terms in different contracts.3. Evaluate the effect of different terms in given contracts.4. Explain the nature of liability in negligence. Answers: 1. Business transactions are concluded by executing a contract between the transacting parties. A valid contract is required to fulfil a few essential elements in order for it to be enforceable under the prevailing laws governing contracts in the United Kingdom. The essential elements are as follows (Hkclic.org 2016): Offer Acceptance Consideration Legal Capacity, and Intention of the parties In the given scenario, Johnson Co and Delta Co, whereby computers were supplied by the latter to the former against a consideration of 30,000, entered into a contract. This contact fulfilled the essential elements, as there was a valid offer and acceptance of demand and supply of computers against a valid consideration. There was a valid intention of the parties to create a legal relationship between them presence of a valid consideration validates the intention of the parties. Capacity refers to the ability of a party to enter into a valid contract. According to the provisions of the Companies Act 2006, an incorporated business is competent to enter into a contract until it has been declared insolvent by a competent court. The capacity of a company to enter into a contract is defined under the Objects clause of the incorporation document of the company (Lawteacher.net 2016). Unless contrary is proved, the parties in the given scenario will be treated as of having the capacity to enter into the contract and the contract will be treated as a valid one. 2. Along with the contract of sale, there was another contract between the parties to provide and receive after sales services. The services were to be provided by Delta Co. This is an implied contract between the parties where the terms to provide services implied and consists an obligation of part of the company to provide effective and efficient services to Johnson Co (TheFreeDictionary.com 2016). This obligation arises out of the mutual agreement between the parties along with an intent to promise that Delta will be servicing all the defects caused to the computers (kumar 2012). However, this promise was not fulfilled in a proper manner as problems kept on recurring on a regular basis and as a result Johnson Co faced a considerable amount of loss of business and financial resources. Nevertheless, there was a mutual agreement between the parties regarding after sales services. Therefore, this element creates a contractual obligation on Delta Co. 3. In a business transaction, the good supplied are required to be of a certain standard. This element was absent in the given case as the computers supplied by Delta Co were below standard and not working properly. Some of the computers supplied even stopped working. Numerous occasions of break down happened during a span of six months. Therefore, it can be said that the contractual obligations of Delta Co were not performed by it in a proper manner. In such a scenario, absence of an explicit refund clause will not cast serious effect on enforceability of compensation. In the given situation, legal action can be taken against Delta and a refund can be claimed (www.a4id.org 2016). However, it will be up to the competent court to decide the matter whether to order full damages or partial compensation. The court may also order specific performance of the executed contract between the parties. 4. Under the English law of contract and law of torts, a party to a contract owes a duty of care to the other party (E-lawresources.co.uk 2016). In other words, a contracting party is required to make sure that the other party to contract does not face any unreasonable harm or loss as a result of the activities of the former. In essence, contractual obligations are required to be performed in its true sense without misrepresenting or causing any loss to the other party. In case, where there is a breach of such duty, the breaching party is required to make good the losses faced by the aggrieved party. This principle came to the forefront in the case of Donoghue v Stevenson (1932). Not performing this duty of care results in a breach of the contractual terms and is termed as negligence. This is true in the given case. Delta Co was supposed to supply goods of a certain standard that did not happen and the other party faced considerable amount of losses. The problem was prolonged and am ounts to negligence for which damages and compensations can be claimed by Johnson Co. References E-lawresources.co.uk. (2016).Duty of care. [online] Available at: https://e-lawresources.co.uk/Duty-of-care.php [Accessed 12 Jun. 2016]. Hkclic.org. (2016).CLIC - Business and Commerce - Setting up a small or medium-sized business in Hong Kong - Making a business contract - What are the basic requirements for making a valid contract?. [online] Available at: https://www.hkclic.org/en/topics/businessAndCommerce/setting_up_business_in_Hong_Kong/making_a_business_contract/q1.shtml [Accessed 12 Jun. 2016]. kumar, S. (2012).Business law: ESSENTIAL ELEMENTS OF A VALID CONTRACT. [online] Shivamlawworld.blogspot.in. Available at: https://shivamlawworld.blogspot.in/2012/02/essential-elements-of-valid-contract.html [Accessed 12 Jun. 2016]. Lawteacher.net. (2016).Main Elements constituting A Valid Contract | Law Teacher. [online] Available at: https://www.lawteacher.net/free-law-essays/contract-law/main-elements-constituting-a-valid-contract-contract-law-essay.php [Accessed 12 Jun. 2016]. TheFreeDictionary.com. (2016).Types of Contracts. [online] Available at: https://legal-dictionary.thefreedictionary.com/Types+of+Contracts [Accessed 12 Jun. 2016]. www.a4id.org. (2016).BASIC PRINCIPLES OF ENGLISH CONTRACT LAW. [online] Available at: https://www.a4id.org/sites/default/files/user/documents/english-contract-law.pdf [Accessed 12 Jun. 2016].
Subscribe to:
Posts (Atom)