Exam Questions Essay

Propelled nations, which have the capacity to improve, just as high-pay levels and mass utilization, will offer the thing first to its household showcase, at that point will become introductory exporters of products to other in fact advance nations. After the item gets embraced and utilized on the planet markets, creation slowly moves from the purpose of starting point. The propelled nation loses their fares at first to creating nations (who will import and later assembling these products) and in this way to less created nations. In the end, the first propelled nation (unique trailblazer) will become shippers of these merchandise since they will have started creating other new items. The term of each phase of the cycle shifts with the item and the kind of the executives supporting it. Understanding the item life-cycle stages permits an organization to completely make the most of market openings by either building up or securing an upper hand through an enduring business sector nearness. The fundamental usiness explanation behind expanding the item life-cycle is increment deals through longer presence in the commercial center. Certain shoppers will grasp an item at various phases of the item life cycle so by broadening each phase of the cycle, there is a superior possibility of introduction to the focused on buyer gathering. A usually utilized case of this is the innovation, development and creation of the PC. Stage one is viewed as the new item stage and this is the place household creation basically starts. After a time of innovative work, another item is acquainted with meet nearby (or national) needs. The item is made, created and devoured in the household showcase and practically no exchange happens. During the presentation stage, the enhancing organization doesn't have the foggiest idea about the degree to which a gainful market exists. For example in the late 1970’s and into the mid 1980’s, during the beginning times of the PC, IBM and Apple pc’s were created in the US and focused on office and private company use. PC utilize spread rapidly all through the residential market as an ever increasing number of family units made buys for expanded individual profitability and gaming purposes. In stage two, the developing item stage, household creation tops as the interest for the item altogether increments since the customer base starts to recognize the item esteem. This stage is implied by a time of development as deals and an ascent in benefits as large scale manufacturing procedures are created and remote interest extends (created nations). At this stage the item is currently sent out to other created nations and both household and outside contenders rise. A duplicate item is created somewhere else and presented in the nation of origin (and somewhere else) to catch development in the home market. In light of creation costs, fabricating moves to different nations. Just like the case with Apple PC’s, creation in this stage moved out of the first office and into assembling plants in California and Texas just as conveyance stockrooms in both the US and the Netherlands. Stage three is the normalized item stage. This is the point at which the market for the item settles and local creation decreases. The item turns out to be to a greater extent an article of exchange and organizations are constrained to decrease fabricating costs which is the fundamental explanation behind moving creation destinations to nations with lower work costs. As creation moves to creating nations, thus, they start to send out the item to created nations. An item immersion stage is experienced as deals level off and the main indications of decay happen. In the PC business, the US showcase low-estimated brand-name imports from makers, for example, South Korea’s Hyundai and Samsung. A few Taiwanese makers traded a great many PCs both to the US and different nations, a huge segment which are delivered for remote wholesalers. To challenge this, Apple consolidated their product offering, extended utilization of industry standard parts, redistributed segment fabricating and smoothed out warehousing tasks. There is a last phase of decrease where less fortunate nations establish the main markets for the item and import rivalry is solid. Now, practically all declining items are delivered in less created nations. The PC isn't really a genuine case of decrease, for one on the grounds that there is a frail interest for PCs in less created nations, but instead a case of innovation that is regularly improving which would make prior variants of PCs and related programming outdated. Ordinarily, an item may at last vanish from the market now, in any case, PC innovation keep on improving. There is no danger of the PC vanishing, yet certain renditions will in the long run become dinosaurs. . Clarify Porter’s Diamond as far as Nokia’s improvement as a global versatile telecom powerhouse. Michael Porter’s â€Å"theory of national serious advantage† system was the result of an investigation of examples of relative bit of leeway among industrialized countries and took a gander at wellsprings of upper hand from a national setting. The precious stone formed hypothesis can be utilized to assess both a firm s’ capacity to work in a national market just as a national markets’ capacity to contend globally. Porter’s hypothesis of global exchange originates from the connection of four nation and firm-explicit components: 1. Factor conditions †this is a country’s heritage of creation factors that influence its capacity to contend on a global level, for example, HR, physical assets, information assets, and so forth. Doorman looks past the most essential elements of land, work and money to incorporate the instructive degree of the workforce and the nature of the country’s framework. 2. Request conditions †request in the home market causes the organization to set up an upper hand. An exceptionally evolved local market will constrain a firm to advance quicker and to make further developed items than those of contenders. At the point when the residential market for a specific item is bigger locally than in remote markets, the â€Å"home† firm will dedicate more regard for that item which prompts an upper hand when sending out starts. 3. Related and supporting businesses †these related and supporting enterprises give practical data sources and partake during the time spent overhauling which serves to invigorate different organizations in the chain to enhance. At the point when neighborhood supporting businesses are serious, the â€Å"home† firm encounters more cost-adequacy and advancement. This impact is fortified when the supporting ventures (providers) are solid contenders too. 4. Firm methodology, structure and contention †the manner by which organizations are made and overseen are significant for progress. The nearness of contention in the local market is significant on the grounds that it makes strain to ceaselessly improve so as to advance intensity. Different conditions that influence the precious stone hypothesis are: †Government †clearly the legislature can impact the gracefully states of key creations factors, the interest conditions in the household advertise and the opposition between residential firms. The administration can likewise intercede on a few distinct levels (neighborhood, provincial, national, universal). - Chance †plainly, chance occasions will happen that are outside the control of the local firm. Chance is significant in light of the fact that it can make or upset serious positions. Porter’s Diamond as far as Nokia Factor conditions: - Finland is one of the world’s generally homogenous and stable social orders just as having modern buyers; - As a nation, Finland has put cash into a solid instructive framework which gives them a superb instructive framework with which to give the fundamental work power; - Finland has a uniform, showcase arranged government; Nokia, with close connections to national government, has impelled innovation, legitimate issues and fare openings. Finland all in all has a national serious technique; - Substantial open interest in media communications related R&D which centers around remote innovation; - Finland has a convention of imaginative building and telecom industry - Due to unforgiving physical and normal conditions, alternatives for a land-based wired framework was an extravagant choice, making remote computerized frameworks a relative can foresee a similar cost; - Most of the populace communicates in English; - Finland was an early adopters of the web and different remote exercises. Request conditions: †As referenced in the Factor Conditions, a scantily populated zone bolsters reception of remote gadgets; - The climate and physical backings cell phone over up close and personal discussions; - Nationally, a substantial utilization of messaging and different remote message administrations; - Finland a test showcase for remote applications; - Nordic Mobile Telephone made the world’s biggest single versatile market. Related and Supporting businesses: †Huge R&D spending by government and organizations; Finland, in general, offers solid funding, and a solid maker arrange; - Due to the nature and need of remote correspondence, there is a high number of particular organizations because of divided market; - There are roughly 3,000 Finnish firms in telecom and IT related items and administrations; - There is a huge neighborhood flexibly taking into account exceptionally tweaked commitments Firm methodology, structure and contention: †Significant notable explanations behind profoundly serious scene inside Finland; - A solid fare focused trade understanding; Sturdy system and connections between organizations, banks and governments; - The Regional Development Agencies Act favors extreme competition; - H

Creative Accounting

The term of innovative bookkeeping alludes to choose bookkeeping strategies for the arrangement of budget report that give the outcome wanted by the bookkeeping preparers. Particularly when the organizations are under a money related trouble, the need of inventiveness would be extremely obvious on the grounds that it may be hard for gatherings, for example, inspectors, with an oversight work, to report that the record preparers are doing anything incorrectly (Deegan, 2010). At the point when the economy is moving into downturn, the most organizations are probably going to control their budget report to be the upward way all together for the ideal benefit by exaggerating the advantage and downplaying the risk. b) No, the jobs and obligations of examiners and controllers are fundamental at improving control. Reviewers perform reviews to assess whether the arrangements and procedure are planned and working successfully and give proposals to progress. They likewise help to screen and assess the viability of the associations chance administration forms. They may set up an exhaustive evaluation of any wrong doing that may lead the association into money related misfortune. Concerning the job of controllers, they will decide how best to cause firms subject to their purview to create control strategies and methodology to meet the presentation targets. Actually, evaluators and controllers are a piece of the mainstays of corporate administration. The inspectors and controllers unquestionably work to foresee the notice of the downturn and offer notice to the organization. In any case, they couldn't be in position to complete official conclusion and to control each improvement and procedure. Much the same as the HIH protection case, the chiefs despite everything settle on wrong choice, regardless of whether there was the simultaneousness of the statisticians and the inspectors. It doesn't make a difference how productively they assumed their job, it makes a difference how effectively the four columns which are guest of executives, the executives, examiners and controllers could be orchestrated with. In other word, this disappointment ought not be the motivation to decrease the jobs of inspectors and controllers. Inventive Accounting The term of inventive bookkeeping alludes to choose bookkeeping techniques for the planning of fiscal report that give the outcome wanted by the bookkeeping preparers. Particularly when the organizations are under a budgetary trouble, the need of imagination would be exceptionally obvious in light of the fact that it may be hard for gatherings, for example, reviewers, with an oversight work, to report that the record preparers are doing anything incorrectly (Deegan, 2010). At the point when the economy is moving into downturn, the most organizations are probably going to control their budget report to be the upward way all together for the positive benefit by exaggerating the advantage and downplaying the risk. b) No, the jobs and duties of inspectors and controllers are imperative at improving control. Inspectors perform reviews to assess whether the approaches and procedure are planned and working adequately and give suggestions to progress. They likewise help to screen and assess the viability of the associations hazard the executives forms. They may set up a complete evaluation of any wrong doing that may lead the association into budgetary misfortune. With respect to the job of controllers, they will decide how best to cause firms subject to their locale to create control strategies and techniques to meet the exhibition destinations. Truth be told, reviewers and controllers are a piece of the mainstays of corporate administration. The evaluators and controllers certainly work to anticipate the notice of the downturn and offer notice to the organization. Be that as it may, they couldn't be in position to complete official choice and to control each improvement and procedure. Much the same as the HIH protection case, the executives despite everything settle on wrong choice, regardless of whether there was the simultaneousness of the statisticians and the reviewers. It doesn't make a difference how proficiently they assumed their job, it makes a difference how productively the four columns which are guest of executives, the board, evaluators and controllers could be orchestrated with. In other word, this disappointment ought not be the motivation to decrease the jobs of reviewers and controllers.

Project Proposal E-commerce Website

Question: Examine about theProject Proposal for E-business Website. Answer: Venture Overview The venture incorporates the formation of an online business site for a business that chips away at the selling of the clinical items. These items will be made accessible online for the clients to view and buy. The site will be created with PHP language and will be connected to a database as the backend. There will be various functionalities actualized in the site, for example, login, logout, item inventory and the connection to the PayPal account too. Presentation The undertaking is related for the making of an internet business site for the business. The archive is the undertaking suggestion that covers the task review alongside the support of the venture and the portrayal of the proposed framework. The points, targets and the extent of the task have additionally been shrouded in the report. The useful just as the non-useful viewpoints will be considered during the structure and advancement of the site. Undertaking Justification The current time is the period of computerized data and the web based applications. It is essential for each business to have online nearness for guaranteeing the achievement and greatest client base. The venture will check the online nearness and availability of the items that will be offered by the business through the site. Portrayal of the Proposed Solution The site will be made in PHP as the front end and MySQL will be the database and will fill in as the back end for the site. The styling will be done through the falling templates (CSS) and the security components will likewise be executed in the site. There will be a landing page of the site that will incorporate the login usefulness alongside a concise depiction about the business. The extra website pages will be of item inventory, explicit items, client criticism and inquiry and the logout usefulness. The design that will be followed in the site will be of the structure as header area followed by menu, body and footer. The three segments as header, menu and footer will stay reliable for all the website pages and the body area will differ according to the necessary data. The shading plan will likewise be predictable for the entirety of the site pages and an unobtrusive shading plan and topic will be chosen for the site. Venture Aim The point of the venture is to make and discharge a web based business site for the business to permit it to have online nearness and upgraded client base. Task Objectives To finish the structure, advancement, testing and usage of the site according to the timetable that has been assessed during the commencement and arranging stages To finish the structure, improvement, testing and usage of the site according to the spending that has been assessed during the commencement and arranging stages To execute all the practical prerequisites in the site To execute all the non-practical prerequisites in the site To execute the security highlights and components in the site Task Scope In Scope Capacity to execute the login usefulness in the site to permit the clients to use the whole arrangement of highlights that are incorporated. The client will be solicited to enter the set from substantial accreditations and without the equivalent; the client must have the option to enlist on the site. Capacity to incorporate the item index on the site incorporate the rundown of the items offered by the site Capacity to refresh the item list according to the most recent accessibility and stocks Capacity to plan an assigned page for each item that would incorporate the item name, depiction, picture and cost Capacity to execute the login usefulness in the site Capacity to actualize the non-useful necessity of versatility in the site to ensure that the segments of the site can be scaled up or downsized according to the circumstance without affecting the current functionalities Capacity to execute the non-practical necessity of accessibility in the site to ensure that the segments of the site are accessible to the clients from all areas and whenever Capacity to actualize the non-useful necessity of ease of use in the site to ensure that the segments of the site are structured according to the desires and particulars wanted by the clients Capacity to actualize the non-useful necessity of unwavering quality in the site to ensure that the data that is recovered from the site is legitimate and precise consistently Capacity to actualize the non-useful necessity of execution in the site to ensure that the reaction time for each activity is incredibly low Capacity to actualize the non-utilitarian necessity of interoperatibility in the site to ensure that the site is grown once and executed and practical from any gadget or medium without the need to create it once more Capacity to execute the non-practical necessity of security in the site to ensure that the parts of the site are sheltered and secure to get to and the data of the clients is kept secured consistently Out of Scope The exercises related with the showcasing of the site on different media stages, for example, online networking, tele media, print media and in like manner would not be secured The exercises related with the promoting of the site on different media stages, for example, web based life, tele media, print media and in like manner would not be secured The undertaking group won't spread the assignments of obtainment of the devices required for the plan and advancement of the site The venture group won't arrange and manage the outsider sellers on the instruments and gear required for the site

Purchasing Top 50 Essay Topics

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Among the more effective approaches ought to be to seek out the help of an instructional source who can write down an essential phrase papers for everybody. The outline ought to be made in accordance to the significance of the suggestions and arguments that you'd be incorporating in GED essay writing. After you decide on a specific topic, step one is to develop into an authority in the area.

Essay on Minority Report - 1160 Words

KANT EXERCISE 1. Does the fallibility of the system—the fact that â€Å"minority reports† suggest that some few of those treated as murderers had a â€Å"possible alternative future† in which they would not actually have committed the crime— make that system morally unjustifiable according to Act Utilitarianism? According to Act Utilitarianism, the act that makes the greatest happiness to the group will be morally permissible. In fact, a person who is criminal will be judged by his ability to hurt other or committing a crime. The consequence of arresting the potential murderer will help to maximize victim and their family’s utility. Otherwise, if we choosing to refraining from arresting, murderer will be happy; and the victims†¦show more content†¦In my opinion, the precrime system of permanently jailing would-have-been murderers is not morally better than the alternative systems. A person should be given a chance to change their fate before being detained. If the murderer is warned about their precogs’ visions of their future crimes, it would be more morally justified. According to Act Utilitarianism, this action will minimize pain for both sides. However, because crime can be motivated by many factors such as emotion instability, financial hardship, etc, it could hap pen unpredictably. Therefore, the alternative of detaining the crime temporarily would be better than permanent detained. The pain of being detained is less than the potential pain of the victims and their family; so it is morally permissible. This helps to prevent potential crime in the Minority Report. 3. Are the â€Å"precogs† being used in a way that violates the second formulation of Kant’s moral law? Yes, the ‘precogs† have been used in a way that violates the second formulation of Kant’s moral law. In fact, the second formulation has stated that people should be treated as humanity not as means. In other words, it is not morally right to â€Å"use†Show MoreRelatedAnalysis Of Minority Report1067 Words   |  5 PagesThe 2002 film, Minority Report, seems to contain the aspects of a Kantian approach, but when analysing the movie in further detail, does it hold its place? The Pre-crime program punishes individuals for having the intent to murder another, even when the action does not take place. Kant elaborates his standards pertaining ethics in Groundwork for the Metaphysics of Morals, where Pre-crime can be further understood. Minority Report takes place in the year 2054, crime is virtually eradicated fromRead More P.K. Dick’s The Minority Report and Steven Spielberg’s The Minority Report992 Words   |  4 PagesP.K. Dick’s The Minority Report and Steven Spielberg’s The Minority Report Death can occur in four ways. A person can die from a physical illness, viruses and infections. A person can die from an accident. A person can commit suicide. Finally a person can be murdered by another person. What if murders could be prevented? In P.K. Dick’s story The Minority Report, and in Spielberg’s film The Minority Report, the future can be altered by using incredible technology. The success of Spielberg’sRead MoreEssay about Minority Report781 Words   |  4 PagesMinority Report is a 2002 science fiction film directed by renowned director Steven Spielberg and is set in the year 2054 in Washington, D. C. The film revolves around an elite law enforcing squad; Precrime. The Precrime Division uses three genetically altered humans called Pre-Cogs whom possesses special powers to see into the future and predict crimes beforehand. After each crime is foreseen and analyzed, Precrime police officers are sent to the crime location to apprehend the futur e murderersRead MoreReview of Minority Report Essay1215 Words   |  5 PagesReview of Minority Report The film, Minority Report, is a science-fiction thriller, based on a short story written by Phillip. K. Dick. The year is 2054, andRead MoreFilm Analysis: The Minority Report Essay1596 Words   |  7 Pages The Minority Report is a film that tries to stop crimes before they happen, with the enlistment of 3 teen pre-cogs. These pre-cogs predict future murders and the authorities swoop in and arrest the would-be murders, before they have the chance of committing the crime. Even thing goes great until Anderton, a cop played by Tom Cruise, is suspected. Written by Philip K. Dick and then turned to film by Steven Spielberg in 2002, the short story to film became a success. Though there are many differencesRead MoreEvaluation of the Effectiveness of the Opening of Minority Report808 Words   |  4 PagesEvaluation of the Effectiveness of the Opening of Minority Report The genre of this film is a modern Sci-Fi movie that deals with the issue of fate and free will. It is in the future because it says the date at the start of the film. The film deals with the issue of free will and fate because the police have a department of pre crime and they can see into the future with there new machine. Next they find the person who might commit the crime and do a test, but sometimesRead More Minority Report: From Story to Screen Essay985 Words   |  4 PagesMinority Report: From Story to Screen Adaptations are never carbon copies. A prime example is Philip K. Dick’s short story and Steven Spielberg’s 2002 film, Minority Report. The structure of the storytelling is indeed different as well as other key elements. The narrative transforms its structure into a more episodic approach when brought to the screen. Words on paper take on a new identity when brought to life on a visual basis. Philip K. Dick’s Minority Report, written in 1956Read MoreEssay on Minority Report: The Book vs the Movie 1282 Words   |  6 PagesIt is a fool-proof system born to ensure absolute safety†¦but when it crumbles, would you go against everything it stands for just to save it? This is the platform that Philip K. Dick, author of the sci-fi short story The Minority Report (MR), has given us. Set in a futuristic New York City, we see Police Commissioner John A. Anderton as the founder of a promising new branch of policing: Precrime, a system that uses Precogs (mutated and retarded oracles) to predict all future crimes. However,Read More Minority Report: Film vs. Short Story Essay937 Words   |  4 PagesMinority Report: Film vs. Short Story Mutant humans, nicknamed precogs, have visions of future crimes. An entire police force is dedicated to interpreting these visions and catching the future criminals before they commit these foreseen crimes. Commissioner John A. Anderton was the creator of this institution called Precrime in New York City and has a strong pride in his work. Everything had seemed to be a success, there had not been a murder for five years, but it all starts to fallRead MoreEthical Issues in the 2002 Steven Spielberg Movie Minority Report1228 Words   |  5 PagesEthical Issues in The 2002 Steven Spielberg Movie Minority Report Technology is progressing every day. We have come so far in the past ten years. Imagine life in 2054, and what life will be like. That is what Philip K. Dick did in 1956 when he wrote the short story Minority Report, which was later produced as a movie. In the movie Minority Report, a team of officers led by John Anderson (Tom Cruise), work together in the precime division. They collect information given by precogs to find

Morality The Basis Of Morality - 1586 Words

Philosophy Essay 2 TOPIC ONE: THE BASIS OF MORALITY The basis of morality has been major area of discussion for philosophers for many years. In The Leviathan, Hobbes argues that desire and aversion determine what is good, evil, right or wrong, believing in a subjective self-interest based view on morality. In The Grounding of Metaphysics of Morals, Kant takes a rational approach, arguing that it is reason that plays a role in determining the same, thus having an objective view on morality. In my opinion, Hobbes’ account has greater validity than Kant’s in the fact that I believe it is human passion that dictates morality. Hobbes believes that morality is based upon the laws of nature. He sees humans as machines and describes the natural universe as a mechanical system. According to him, two motions occur in living beings; vital and voluntary. Vital motions are innate, taking place unconsciously whereas voluntary motions are resultant of conscious motions. Hobbes believes voluntary motions to form due to thought and imagination; calling this process endeavour. It is endeavour that leads to desires and aversion. Human desires are endless and we pursue them until the time of our death. This leads us to Hobbes’ view on the natural state of humans. He believes that without a common power to govern them, men are in a condition of war. In this state, all men are other men’s enemies. This brings rise to the idea ‘Everyone is governed by his own reason†¦in preserving his life againstShow MoreRelated A Basis for Morality Essay2815 Words   |  12 PagesA Basis for Morality In humanitys quest to distinguish itself from the rest of the animal world, a claim to morality has long been one of its greatest arguments. Perhaps second only to reason as a distinguishing characteristic, the ability to exhibit moral behavior instills in humans a distinct sense of natural order. Yet when anthropocentric egoism is dropped and we recognize that we are not, in fact, much different from other animals, our distinctive moral behavior begs explanation. WhatRead MoreThe Objective Basis of Morality Challenged1611 Words   |  7 PagesThe Objective Basis of Morality Challenged The origins of morality and what is defined as good or bad, unethical or moral can easily boggle the mind. It is a topic that can be debated almost endlessly. There are many factors that must be taken into consideration to provide valid philosophies; yet there will still always be debatable elements. Two concepts of morality that are in direct opposition of each other are moral objectivism and moral relativism. Moral relativism can be subjectiveRead MoreTranscendentalism: The Basis of Morality Essay examples923 Words   |  4 Pagesnature; but also include a portion of logic and reasoning. ...transcendentalism remains firm in the hearts not just of religious believers but also of countless scholars in the social sciences and the humanities...(Wilson, The Biological Basis of Morality). Although there is not much logic to support the theories of a God or a higher being somewhere, there is also not enough evidence to disprove the belief of anyone. God is a breeze, you can feel it but cannot see it. Theologians and PhilosophersRead MoreAnimal Rights Should Be Afforded On The Basis Of Morality994 Words   |  4 Pagestowards them. Affording animals certain rights would improve their living conditions as well as human’s conditions, and increase the awareness of the consequences humans may face due to their maltreatment. Animal rights should be afforded on the basis of morality. As a society of moral and just people, it would be wrong to mistreat animals. The treatment of these animals must be protected by some form of rights. Different animals are consumed by humans in different countries. The animals which are sociallyRead MoreCan Medical Service be Refused on the Basis of Morality and Ethics?793 Words   |  3 PagesRefusing Service or Care Whenever there is a discussion that involves ethics and morality there always seems to be some debate. Professional ethics has become more significant over the years. As people become more specialized in their occupations, the concerns become that much more complex. Professional bodies have more and more been at work developing, revising and refining professional codes of ethics. Professionals themselves have asked for more comprehensive codes so as to have better directionRead MoreAnyone or anything that is rational possesses will, whether it is a human being or a field mouse.900 Words   |  4 Pageswe would simply be reacting to external causes. To see how Kant’s statement translates into saying an autonomous will is bound by moral law, we must first understand what morality is, and how one achieves it. Kant believes that morality is an a priori concept, or one that is independent of any experiences of the world. Morality stems from the idea of the ‘good will’, which Kant argues is the only thing truly ‘good’ in the world. Rational beings can bring about their wills through imperatives, orRead MoreReligion, Morality, And Atheism1734 Words   |  7 Pagesare against it. However, these are just a couple of examples showing just how unethical religions can appear to be. But these are only the connotations of religion, morality, and atheism. The true definition of religion is â€Å"an organized system of beliefs, ceremonies, and rules used to worship a god or group of gods.† Note that morality has the separate definition of â€Å"beliefs about what is right and wrong behavior† and the counterpart of religion is atheism, or the lack of the â€Å"belief in the existenceRead MoreDebate On Morality With And Without God1046 Words   |  5 PagesM. SURBER BCOR STEP II: PAPER OUTLINE Topic of debate: Morality with/without God I. Introduction: a. Throughout my life I have been involved in a dynamic battle that always comes back to one question: Is there such a thing as â€Å"God†? I have been raised up in a pretty much non-practicing Christian home. Growing up in this type of lifestyle I have encountered a multitude of different belief systems that were either Secular or Christian-like. But with this debate of if God is real or not, I have comeRead MoreExamples Of Nietzsche And Slave Morality713 Words   |  3 Pagesin this first essay the idea of good and evil, or more importantly, the different views of good an evil taken by two classes of people. For Nietzsche, these two classes are the master morality and the slave morality. To understand their different views Nietzsche explains the origins of each group. The master morality stems from nobility, the powerful, who considers strength and health, and happiness as all good things. They are those that take life head on, so to say, and see the negatives of lifeRead MoreMoral Judgements And Moral Values Essay1372 Words   |  6 Pagesare whatever we as humans choose to pursue and whatever we desire. Now, whether morality is an objective property of the universe, or rather the subjective opinion of humans, is in fact one of the longest running issues in the world of philosophy. This ongoing debate continue for the sole reason that it is hampered by a lack of clarity on what objective and subjective moralities actually are. Objective morality is the stance that something can be discerned to be a morally wrong thing through

Introduction to Business Law Cases and Materials

Question: Describe about the Introduction to Business Law for Cases and Materials. Answer: Issue Wendy has entered into what appears to be an agreement with Dave that upon completion of the run within an hour he will pay her $3000. On the other hand she meets her old friend Bill who promises her that he will cater for the expense of running shoes or clothes incase she needed them . Wendy acquires the clothes and shoes and participated in the run to finish in 58 minutes. Wendy claims her rewards from the two people above but her efforts come to naught. The issue for determination that is presented here is whether there was an intention to create a legal relationship in the two agreements. Law From the outset it should be noticed that there are two relationships here. One seems to be a commercial agreement that is between Dave and Wendy and the other one actually a social relationship between two friends. According to Carter and Harland (1998) the litmus test for determining the intention of the parties has always been determined by the rebuttal presumption. In social agreements the presumption is that the parties do not always intend to be legally bound by the agreement (Balfor v Balfour 1919). In Jones v Padavatton, (1969) a mother promised her daughter that she will pay her if she gives up her job and went to London to study for the bar. It was held that the agreement was a family agreement and therefore there was no intention to be legally bound. Of particular significance is the fact that the court, mentioned that there was no sufficient evidence to rebut the presumption that an intention to be legally bound did not exist. It is apparent from foregoing assertions that if sufficient evidence is adduced to rebut the presumption in family agreement then an intention can be found to exist in a family agreement (Esso Petroleum v Customs Excise, 1976). In commercial agreements the presumptions that usually exists is that the parties intend to be legally bound. In Edwards v Skyways Ltd (1964) the defendants had promised that they will make a payment with an ex gratia amount and even went to publish the promise in the newspaper. The claimant who was a pilot never received the extra amount that was promised because the company claimed that they had rescinded their decision. It was held that there was no sufficient evidence to rebut the presumption that the intention to be legally bound existed. It is imperative to note that the court have since developed a modern approach towards determining the intention of the parties which appears to be extinguishing the rebuttable presumption test. A more persuasive approach has been entrenched by Australian jurisprudence where Gray v Gray (2004) there was a loan agreement between a mother and son the courts were reluctant to apply the rebuttable resumption. They stated that an objective test should be applied on a case to case basis depending ion the facts of each case. In Tadrous v Tadrous (2010) it was held that an objective examination should be done to determine whether the parties intended to be legally bound or the agreement was just an expression of love and trust. In Ashton v Pratt (2012) the court held that one should look at the subject matter of agreement , why the agreement was being made and the personal relationship of the parties at the time of making the agreement. The courts in aforementioned three cases entirely avoided the use of rebuttable presumption test in determining the intention of parties in a social agreement. Application It can be submitted that the relationship between Wendy and Bill was a social agreement and therefore by applying the test provided above it will indeed be an uphill battle for Bill to rebut the presumption that that an intention to be legally bound did not exist. However if the objective test that was set in in this case it will be discovered that Wendy went through a lot of expenses to acquire the pair of shoes and clothes and therefore Bill is bound to meet the agreement. In Wakeling v Ripley (1951) it was held that in determining the intention of the parties consideration has to be placed on expense that was involved in coming to perform the promise. It can thus be firmly stated that the agreement between Wendy and Bill is a binding one. As for the agreement between Wendy and Dave, there seems to be no legal intention because by Wendy stating that thanks that sounds generous the assertions are vague and do not amount to a certain acceptance of the offer made by offer. Rebutting the presumption will not be an onerous task as is typical of commercial agreements. Conclusion It is thus advised to Dave he does not have any legal obligations towards Wendy because from the agreement, an intention to be legally bound did not exist. On the other hand with regards to Bill, it is advised that the financial sacrifice that Wendy made incepted an intention to be legally bound. 2. Issue Dani wanted her Mercedes car upholstery to be restored to its original pristine condition and after being fascinated by Vintage upholsters that she in the web she decided to give them her car. Contrary to her expectation at the end of the work the car was in worse condition than she left it and it was seriously damage. She has discovered that there is a clause in the contract that excluded the upholsters from liability. The issue here is whether the exclusion clause is valid and whether there has been any breach of terms by the upholsters. Law The general principle in law is that the contracting parties are bound by the terms of the contract when they signed it regardless of whether one read and understood the terms of the contract. (L'Estrange v Graucob, 1934) However where a term in a contract seeks to oppress one party in a contract the party is usually protected by common law from such unfair terms. It is submitted that the exclusion clause or term must be brought to the attention of the party before the contract was formed or at the time it was being formed (Thornton v Shoe Lane Parking, 1971). Thus it has been held that a party who is seeking to enforce an unfair term must demonstrate that they provided sufficient notice of the term to the other party (Thompson v LMS Railway 1930). In addition, if the operation of the clause is seriously onerous to the other party, it must be demonstrated that far reaching steps were undertaken to bring the terms to the attention of the other party (Interfoto Picture Library v Stilletto, 1989). It should be borne in mind that where a term in the contract was misrepresented by one party, the clause will have no legal effect to the party it was misrepresented to (Curtis v Chemical Cleaning, 1951). From the aforementioned assertions, it begs the critical question whether an exclusion clause can justify the breach of an implied condition in a contract. A condition is a fundamental term of the contract that goes to the root of the contract. An implied condition is one that is not expressly mentioned in the contract but due to the nature of the promise made between the contracting parties it is expected that the contract will be performed in a certain way (Beale 2004). It has been held that a breach of a condition will entitle the in nocent party an award of damages and also the right to repudiate the contract (Poussard v Spiers, 1876). The innominate term approach which was established in Hong Kong Fir Shipping v Kawasaki Kisen Kaisha (1962) is to the effect that where a breach of the term of the contract substantially denies the innocent party a benefit of the contract the contract can be treated as to have ended and the innocent party can claim damages (Benson 2001). Application It can be conceded that the upholsters had made reasonable steps in ensuring that contract exclusion clause which is deemed unfair was brought to the attention of the Dani. The term was conspicuously put in every reasonable place that one can see. However it should be noted that on entering the place Dani read a poster that assured her that the staff were highly qualified and that the end result is manifest of quality work. It can be inferred that there was a misrepresentation of terms in the contract and therefore the clause will not be operative. The breach of the implied condition that the work will be one that is presentable will entitle Dani an award for damages for the loss and serious damage that was made on her car. Dani could also repudiate the contract. Conclusion It can be concluded that the upholsters will be liable in this case and Dani will have to be given compensatory damages to restore her in the position the car was before the damage caused by the repairs occurred. References Ashton v Pratt [2012] NSWSC 3 Beale, H 2004, Chitty on Contracts, Sweet Maxwell Benson, P, 2001, The Theory of Contract Law: New Essays Cambridge University Press, Cambridge Carter J, W, Harland, D, J 1998, Cases and materials on contract law in Australia, Butterworths Curtis v Chemical Cleaning [1951] 1 KB 805 Edwards v Skyways [1964] 1 WLR 349 Esso Petroleum v Customs Excise [1976] 1 WLR 1 Gray v Gray [2004] NSWCA 408 Hong Kong Fir Shipping v Kawasaki Kisen Kaisha [1962] 2 QB 26 Interfoto Picture Library v Stilletto [1989] QB 433 Jones v Padavatton [1969] 2 All ER 616 L'Estrange v Graucob [1934] 2 KB 394 Poussard v Spiers (1876) 1 QBD 410 Tadrous v Tadrous [2010] NSWSC 1388 Thompson v LMS Railway [1930] 1 KB 41 Thornton v Shoe Lane Parking [1971] 2 WLR 585