Old Spice Marketing

Old Spice is an exceptional brand founded on a rich history. It has succeeded in transforming itself from a brand that was more focused towards my generation’s grandparents to a new millennium sensation for younger crowds to utilize by using the market penetration product strategy. Proctor and Gamble currently owns the Old Spice brand and takes up a considerable amount of the men’s grooming market segment. Old Spice is still managing to maintain a competitive advantage and is growing toward its peak in its product life cycle with little product attributes that differentiate themselves from their competitors.Proctor and Gamble is currently expanding Old Spice’s product mix and maintains competitive pricing. Old Spice’s brand is promoted a highly rated advertising strategy and distributes its products intensively to retailers and wholesalers. The creator of Old Spice is George Schultz. He was introduced to the grooming market when he was 19 years old by work ing as a salesman for his father, William Schultz. William’s company, Schulton Company, in the Bronx, New York in the mid 1930s. Schulton Company, originally named the Lightfoot Schultz Company, was formed in the 1920s and sold soap and toiletries.William Schultz came to the conclusion that he would never become wealthy selling a private label product during the Depression and decided to search for a product that he could trademark and capture the public eye. He met with Enid Edson, an artist, and searched for label designs through intensive research. It was only soon after when William Schultz developed the first Old Spice product. It was a female fragrance that was developed â€Å"from a memory of a rose jar his mother kept in the house, a combination of roses, cloves, herbs, and other spices, and called his new line of toiletries Early American Old Spice for Women. While this was happening, George Schultz pursued his chemical engineering degree while continuing to make mo ney from being a salesman for Schulton. He became the plant manager shortly after and moved Schulton to its current site in Clifton in 1946. William Schultz passed away in 1950 and George Schultz was selected as president of Schulton and continued to build the company. Proctor and Gamble then bought Old Spice in 1990. Old Spice market segmentation is now targeted towards the younger generation, typically ages fifteen and up, who are intending the look their best and smell genuinely masculine.Also, the brand is reaching out to females who want their partners to have masculine-scented grooming products. There are currently three lines of the Old Spice brand: High Endurance, Classic, and Red Zone. High Endurance is the basic line, Classic contains the original scent of Old Spice, and Red Zone is the higher-end of the brand line. This allows for market segmentation to be split even more towards the older crowd who enjoy the original scent of Old Spice, and also to those who enjoy the ne wer variety of scents. In 2011, Proctor and Gamble held 43% of the men’s grooming industry’s sales and currently selling at $66. 47 per share.Throughout the previous years Proctor and Gamble has been consistent with the market trend, including the economic downturn. However, Proctor and Gamble has been staying ahead of the market price per share by a large margin. Old Spice’s product brand has evolved little over time. Its label has a consistent nautical theme to it. Its logo started off with a sailing vessel as a trademark. The original ships used on their products were the Grand Turk and the Friendship. In 1992, these tall ships were replaced with a yacht, giving the brand a more modern feel. Today, Old Spice uses the original tall ship theme that it originally used.Old Spice is involved in a wide brand extension as well. Starting off with aftershave lotion and shaving soap, the brand has extended to deodorant sticks, body wash, body spray, and other male groo ming products. As stated before, Old Spice was originally designed for women, but now is predominantly a male brand. It is amazing how successful Old Spice has been even though it has little product attributes that give them a sustainable competitive advantage. One of its product attributes include the distinctive red appearance that the brand has consistently kept since it was first developed.When you are in a men’s grooming section and you see the red products, you know that it is Old Spice. Also, it has developed a wide variety of different scents in the 2000s. Other than that, Old Spice has relied heavily on their advertising method that I will elaborate on later in this paper. I would argue that the products’ life cycle is currently in between the growth and maturity stage. Old Spice has been able to maintain its competitive brand since the early 1900s and continues to dominate the men’s grooming segment.The Old Spice brand is presently attempting to expand its product mix. This directly represents their product strategy. They are focusing on market penetration and diversification. Market penetration is defined as â€Å"finding new customers for existing products. † Diversification in terms of marketing is defined as â€Å"developing new products and cultivating new markets. Old Spice is diversifying their products and potentially reaching out to new customers by doing so. From the Old Spice website, you can buy products that are not directly related to the male grooming market segment.One product that caught my attention was the deodorant protector. I am not quite sure why someone would need a deodorant protector, but maybe it is a way to show that the Old Spice product is valuable and a prized possession. The next product that caught my attention was a shirt with the famous â€Å"I’m on a horse† quote spoken by Isaiah Mustafa in an Old Spice commercial. This product mix shows that Old Spice is taking risks in e xpanding their product selection and is willing to reach into other product lines. Product development of Old Spice dates back from 1937 to today.In 1937, Old Spice’s first product, a female fragrance, was introduced and the first male products, a shaving soap and aftershave lotion was developed one year later in 1938. The product appearance is consistent with the nautical theme as seen with the buoy-shaped bottle and clipper ship logo on the front. Also, the brand kept its cursive Old Spice logo that signifies its historical lasting. After Old Spice was bought by Proctor and Gamble in 1990, the tall ship logo that Old Spice kept prevalent throughout the 20th century was modified to a yacht logo in February of 1992.Throughout the early 2000s, Old Spice has introduced various new scents, such as: After Hours, Komodo, Matterhorn, Aqua Reef, Swagger, Fiji, Cyprus, and many more. In 2008, the Old Spice brand decided to reintroduce its original scent to reach back to the brandâ₠¬â„¢s origin. This is shown by a a quote on the back of some Old Spice products that read, â€Å"The original. If you’re grandfather hadn’t worn it, you wouldn’t exist. They also replaced the glass buoy-shaped bottles to plastic for durability and replaced the gray stoppers with red ones to be consistent with the red theme that Old Spice is known for.Proctor and Gamble has continued to keep Old Spice competitive in the male grooming market segment. The price of Old Spice products is either equal to or just slightly above its main competitors. Some of its closest important include Degree, Axe, Right Guard, Dial, Dove, Olay, and Nivea. In Wal-Mart, Old Spice deodorant typically sales for around $3. 97. This price gives them an advantage by providing the psychological factor to their consumers that Old Spice is a top brand product since it costs more than its primary competitors. Degree deodorant sales for $3. 87, Axe for $3. 47, and Right Guard for $3. 2. Right G uard and Degree brands are geared more toward the athlete hygienic market while Old Spice reaches out to not only that, but also toward men who just want to smell good. The Gillette brand is a competitive product with Old Spice but is owned by Proctor and Gamble and contributes to Proctor and Gamble’s total market share. Old Spice distributes its products through an intensive distribution process. This process requires â€Å"the manufacturer to gain exposure through as many wholesalers and retailers as possible. † Some retailers that Old Spice distributes to are Wal-Mart, K-Mart, Target, and ShopRite.Wholesaler distribution includes convenience stores like CVS Pharmacy, Walgreens, Rite Aid, and small â€Å"mom and pop stores. † Old Spice is considered to be a product that many men need and is pushed through the market. Since Old Spice are a part of Proctor and Gamble, their products can be shipped out with other Proctor and Gamble products. This results in a ver y cost-effective distribution method for Proctor and Gamble. However, Old Spice may be involved with some difficulty when their business partners become resistant and slows down the distribution process, creating a thin line between partners and competitors.They become resistant because they may expect more of a profit from Proctor and Gamble since the company is so successful. Old Spice should consider distributing products on their own to reduce these conflicts and clear congestion in the distribution process. Old Spice packaging is in both gift sets and per unit that dates back to 1938. The original gift set packaging were cardboard boxes protected with lithograph thin wood veneer made by the Hull Pottery Company. The packaging had printed on it the ship Grand Turk, Mount Vernon, Brig Experiment, Friendship, and Recovery.The first major change in the gift set packaging was in 1955, replacing the wood-colored box with a solid red and giving the tall ship a more contemporary look b y whitening the sails and blackening the hull. Shortly after, in 1963 a gold compass was imprinted on the red gift set box and remained this way until 1970. Ten years later the gift set cover consisted of a series of copies of large traditional clipper ships that include the Hamilton, Wesley, Salem, and Birmingham. In 1977, four different gift set cover designs were introduced that included a collection of watercolor prints.These prints were of scenic harbors, such as the New Orleans Harbor, San Francisco Harbor, Savannah Harbor, and Mystic Harbor. Then, in the 1980s, the gift set packaging top was covered with a modern print of the products inside the package. Today, the Old Spice gift set maintains the print of products inside the package or contains a see through cover so the consumers can view the products themselves. The package remains red, the words remain cursive, but the red is a darker shade than the well-known bright red. Individual packaging per Old Spice product were fo r the original after-shave and cologne in the early 1940s.The box was wrapped in dark red paper and the glass bottles were white and buoy-shaped to display the nautical image that Old Spice portrays. The Old Spice logo consisted of cursive letters with the words â€Å"Early American† above â€Å"Old Spice† and had had scrollwork surrounding the lettering. In the late 1950s and early 1960s, the scrollwork was removed and the Old Spice letters were made larger. Today, the Old Spice individual packaging varies but has a consistent nautical theme that aims toward various consumers. Old Spice boosted its popularity and sales by a large margin when they launched the â€Å"Smell like a man, man† campaign in July of 2010.It was a commercial starring Isaiah Mustafa that immediately reached out to women by starting the video with â€Å"Hello, ladies. † He then continued convincing women that their man can smell like he is good looking by saying, â€Å"Look at your man. Now back at me. Now back at your man. Now back to me. Sadly, he isn’t me, but if he stopped using ladies’ scented body wash and switched to Old Spice, he could smell like he’s me. † The commercial ended with Mustafa obviously stating, â€Å"I’m on a horse† while sitting backwards on one. This video gained mass amounts of attention and had more than 6. million views on YouTube in just one day! This campaign was also promoted by creating a bathroom set with Mustafa, also known as the â€Å"Spice Man,† standing with just a towel on. Fans could then send the Spice Man questions on from Facebook and Twitter and four writers rapidly crafted responses to those questions that the Spice Man then answered with. There were 65 of these response videos uploaded and drew up to over 5. 2 million views on YouTube. In conclusion, Old Spice is a widely successful brand that was founded on a rich history during the Great Depression.Since then, the brand managed to reach millions of consumers to become one of the most popular male grooming products on the market today. They did so with little modifications to product packaging and appearance. Proctor and Gamble was a huge factor in Old Spice’s success and continues to lead Old Spice through it’s growth stage in its product life. Their intensive distribution strategy and competitive pricing puts them on top and helps Old Spice maintain about 43% of the men’s grooming market. Old Spice’s nautical theme is strong, confident, and masculine.Like the product says, â€Å"If your grandfather hadn’t worn it, you wouldn’t exist. † Works Cited Berner, Robert. â€Å"Old Spice's Extreme Makeover. †Ã‚  Businessweek. com. Bloomberg Businessweek, 01 Nov. 2004. Web. 12 Mar. 2012. . Cover, John C. Proctor and Gamble: A Marketing Technique. 1967. Print. Newman, Andrew A. â€Å"Old Spice Argues That Real Men Smell Good. †Ã‚  Nytimes. com. New York Times. Web. 12 Mar. 2012. . â€Å"Old Spice. †Ã‚  Old Spice.Web. 12 Mar. 2012. . â€Å"Old Spice Collectibles. †Ã‚  Old Spice Collectibles. Web. 25 Apr. 2012. . â€Å"PG: Summary for Procter ; Gamble Company (The) – Yahoo! Finance. †Ã‚  Yahoo! Finance. Web. 12 Mar. 2012. . â€Å"Procter ; Gamble. †Ã‚  PG. com Home: Sustainability, Company, Brands. Web. 12 Mar. 2012. . â€Å"Proctor and Gamble. †Ã‚  United States American History. Web. 12 Mar. 2012. .

Forfeiture Clauses in Construction Contract

In building and engineering contracts it is usual to insert a provision empowering the employer to forfeit certain rights or property of the contractor on the occurrence of certain events. â€Å"Forfeiture clause† is a loose term usually used to describe a clause in a written building contract giving the employer the right upon the happening of an event to determine the contract or the contractor’s employment under it, or to eject the contractor from the site, or otherwise to take the work substantially out of his hands.In standard form building contracts it is usually referred to as ‘determination of employment’ or termination. In this sense JCT SBC 05 clauses 8. 4 and 8. 9 which relates to termination by employer and contractor respectively are forfeiture clauses. It is common in construction contracts to find determination clauses allowing either side to bring their contractual obligations to an end should an event specified occur due to the actions or i nactions of the other.It would seem that common law determination and determination under a clause of contract are alternatives. There are differences between the processes. First, whereas common law determination depends upon repudiatory conduct or a fundamental breach, the grounds of determination specified by the contract need not exhibit these features, although frequently such will be present. Second, the remedies for common law determination are provided by law, whereas with a contractual determination the clause itself must expressly deal with the issue of remedies.Third, at common law in the face of repudiatory conduct or fundamental breach the innocent party need only indicate to the other that he accepts the breach and considers the contract discharged. Under a contractual determination clause the procedure specified must be carefully followed, failure to so may prevent a successful determination. The right of forfeiture may be stipulated to accrue either 1) on the bankrup tcy of the contractor only, or ) on his bankruptcy and also on the occurrence of other events, or 3) on the occurrence of other events only Clause 8. 5. 1 of the JCT SBC 05 states that if the contractor is insolvent, the employment may at any time by notice to the contractor terminate the contractor’s employment. Similarly Clause 8. 10. 1 of the JCT SBC 05 states that the employer is insolvent, the contractor may by notice to the employer terminate the Contractor’s employment under the contract.A provision empowering the employer to forfeit the contract on the bankruptcy of the contractor is introduced into building and engineering contracts for the purpose of preventing a contractor’s trustee in bankruptcy from electing to complete the contract, and such a provision is valid, if it is coupled with a stipulation that the contractor’s contract shall be a personal one; and further, so far as the forfeiture affects the mere licence of the contractor to enter upon the site, it would seem that the revocation of that licence can be conditioned on bankruptcy, as a mere licence does not seem to be included in the definition of property[1].A trustee, however, would be entitled to enter the site to remove property of the bankrupt in respect of which the employer had no right under the contract The validity of a right to forfeit on the bankruptcy of the contractor is dependent on the nature of what is stipulated to be forfeited.In addition to bankruptcy, forfeiture is usually conditioned upon the happening of one or more of the following events: 1)not commencing the work 2) not regularly proceeding with the work for a fixed number of days[2], 3) not proceeding to the satisfaction of the employer or the architect[3], 4) not proceeding with such despatch as, in the opinion of the architect, will enable the works to be duly completed by the time stipulated, 5) not observing some stipulations of the contract[4] 6) leaving the works in an unfinishe d state, or 7)failing after proper notice to rectify defective work, 8) not maintaining the works[5] JCT 05 SBC Clause 8. states: 1. Notice of termination of the Contractor’s employment shall not be given unreasonably or vexatiously. 2. Such termination shall take effect on receipt of the relevant notice 3. Each notice referred to in this section shall be given in writing and given by actual, special or recorded delivery. Where given by special or recorded delivery it shall, subject to proof to the contrary, be deemed to have been received on the Second Business Day after the date of posting. Also Clause 8. 3 of the JCT 05 states: 1. The provisions of clauses 8. 4 to 8. 7 are without prejudice to any other rights and remedies of the Employer.The provisions of clauses 8. 9 and 8. 10 and (in the case of termination under either of those clauses) the provisions of clauses 8. 12, are without prejudice to any other rights and remedies of the contractor. 2. Irrespective of the grou nds of termination, the contractor’s employment may at any time be reinstated if and on such terms as the parties may agree The requirements of the contract must be properly complied with, for the courts construe forfeiture clauses strictly[6], and a wrongful forfeiture by the employer or his agent normally amounts to a repudiation on the part of the employer[7].There must be some definite unqualified act showing that the power has been exercised, although writing or other formality is not necessary unless expressly required. The contract may also require a certain notice to be given, and that such notice must set out the default complained of[8]. In appropriate circumstances the notice may be of a general character and need not necessarily refer to the number of the clause which is being invoked, provided that there is no doubt that it is exercising or purporting to exercise the contractual power of determination[9].But it is obviously preferable to state explicitly the clau se relied on and to follow its actual wording as closely as possible. It also seems that if a material statement in such a notice is made recklessly, without an honest belief in its truth, the notice is a nullity. Forfeiture in reliance on such a notice would be ineffective and would normally amount to repudiation by the employer. When an event occurs which gives rise to the right to forfeit, the power of forfeiture must be exercised within a reasonable time or the employer will be deemed to have waived his ight unless the event is a continuing breach of contract. Where the contract provides for termination of the contract by a warning notice followed by a termination and two notices have been served, a party can only rely on that provision if an ordinary commercial businessman can see that that there is a sensible connection between the two notices both in content and in time as seen in the case of Architectural Installation Services v James Gibbon Windows[10]Also, where the contra ct provides for completion by a certain date and also provides for forfeiture for delay, and the completion date has passed, it is a question of construction whether the forfeiture clause for delay can still be enforced. Thus where the object of the clause was to enable the architect to â€Å"have the means of requiring the works to be proceeded with in such a manner and at such a rate of progress as to ensure their completion at the time stipulated† it was held that the clause did not apply after the completion date[11].But in another contract where the clause provided â€Å"for the execution of the work with due diligence and as much expedition as the surveyor will require†, it was held that the clause was as much applicable to the fulfilment of the contract within a reasonable time as to its completion by the contract date. The parties may agree that any consequences may follow the exercise of a right of forfeiture[12], provided there is no illegality, nor fraud on the bankruptcy law, and the clause is not so onerous that it will not be enforced on the grounds that it is a penalty[13].The employer is usually given the right to take possession of the site and complete the works. In addition, there is frequently a clause vesting the property in unfixed materials, and perhaps plant, in the employer, or there may be merely a right to seize the materials[14] or hold them by way of lien[15] until they are built into the works, or there may be clauses giving the employer rights to use the contractor’s plants and materials[16]. Where the contractor is guilty of any of the defaults specified in clause 8. . 1 JCT 05 SBC, the contract administrator is to issue a written notice specifying the default. If the default is then continued for 14 days, the employer may within 10 days of the continuance terminate the contractor’s employment by using a notice to this effect. Furthermore, if termination does not take place on this occasion, any subse quent repetition of a specified default gives the employer the right to terminate immediately; there is no need (and indeed no power) to issue a second default notice. 17] It is also expressly provided under clause 8. 2. 1 that a notice of termination is not to be given ‘unreasonably or vexatiously’ When an employer, in exercise of his rights under a forfeiture clause, enters and completes the work and uses the contractor’s materials or plant, or holds retention money due to the contractor, he must, subject to the provisions of the contact, account to the contractor. He will have to show that that the materials and plant and money were expended reasonably[18].The Court, it would seem ,as seen in Fulton v Dornwell[19], will make full allowance for extra cost caused by the disruption and delay occasioned by the contractor’s default. Also, where the employer determines the contract under a forfeiture clause because of some breach of contract by the contractor , the employer’s right to damages depends upon the wording of the contract. He may not be entitled to the enhanced cost of completing by another contractor if the breach for which he determined the contract did not amount to repudiation and the contract does not so provide. 20] Termination of contract was examined in the recent case between Ellis Tylin ltd v Co-operative Retail services[21]. Co-operative Retail services Ltd (CRS) is a national retailer which operates from approximately 730 premises across the country. In early 1996 it contracted with Ellis Tylin the task of maintaining and repairing mechanical and electrical plant within its various premises. The contract was for a period of three years with provision for revision of rates of payment at the end of the first and second years.Disputes arose as to the scope and responsibility for works carried out under the agreement and the operation of the contract came to an end three months after the end of the first year. C lause 1. 8 of the agreement concerned the review of fees for the maintenance services and the rights of either party to terminate the contract in the event that agreement could not be reached. Disputes arose as to whether the proper mechanisms for termination had been applied and the court was asked to consider these questions as preliminary issues.It was acknowledged that the right of Ellis Tylin to end the agreement pursuant to clause 18 only arose if Ellis Tylin first took the action described within that clause. This involved making a written proposal for the revision of the amount of the fees after the expiry of ten months from the date of commencement of works. CRS argued that Ellis Tylin had failed to follow this procedure. Counsel for CRS submitted that clause 1. 8 of the contract should be construed either as a determination clause or as a break clause comparable to the type of provision found in leases. Strict compliance was required.The act of contractual determination wa s one which deprived the other party of the benefit of the contract it had concluded. His honour Judge Bowsher QC reviewed textbooks on the subject of contractual termination. In Chitty on contracts (27th edition)[22], it was stated â€Å"the terms of the of the termination notice may provide that notice can only be given after a specified event†. In the Interpretaion of contracts by Kim Lewison QC[23], it is stated â€Å"An option to terminate is construed in the same manner as any other option, and accordingly any condition must be strictly complied with.Any condition precedent must be strictly fulfilled. The clause must be exercised strictly in accordance with its terms†. Also Hudson’s Building and Engineering (11th edition) states[24], â€Å"Exact and meticulous compliance by the determining party with any formal or procedural requirements laid down in the termination clause, for example, as to notices or time limits, will usually be required if a contractu al termination is to be successful†Judge Bowsher added however, that words in a contract should be given a natural and ordinary meaning and he quoted Lord Diplock when he said in Antaios Cia Naveira SA v Salen Rederierna AB[25]: â€Å"if detailed semantic and syntactical words in a commercial contract is going to lead to a conclusion that flouts business common sense, it must be made to yield to business common sense†.Judge Bowsher concluded that whilst Ellis Tylin had given notice earlier than the time period set down in the contract, there could be no doubt of the intention that negotiations should take place for a revision of the fee. Taking into account all the evidence he concluded that Ellis Tylin had given valid notice of termination of agreement. However, subsequent evidence showed that the parties had in fact agreed revision to the fees to be submitted to the second year of the contract.Accordingly the notice of the termination had been overridden, and could no t be regarded as a valid notice. By ceasing to work following expiry of its invalid termination notice, Ellis Tylin had repudiated the contract. The wrongful operation of a termination clause (i. e when you are not entitled to) amounts to repudiation. A contractual power of determination will be wrongly exercised if the events upon which it is conditioned are not established (unless the contract provides for that question to be concluded by a binding opinion or certificate).In the great majority of modern contracts the question will be subject to review by an arbitrator or the courts, however; and it has also been seen that the courts have, under some clauses, been prepared to imply a term that the exercise of the power itself should be reasonable as seen in Renard Construction v Minister of Public Works[26]. Contractual determinations will also be wrongful if exercised prematurely in breach of a contractual time limit, however marginally.It is an unavoidable feature of construction contracts that an employer’s purported determination will in nearly all cases constitute a repudiatory breach, if whatever the general merits, it later transpires that the determination was invalid. In such a case, if the contractor has accepted the repudiation by leaving the site, the owner will be liable for the possible heavy damages attendant upon repudiation and cannot, if he discovers his mistake, restore the contract status quo ante without the agreement of the contractor.The purported exercise of a power to forfeit may be invalidated either by reason of the fact that the events upon which it is conditioned have not occurred; or, that a correct notice has not been given[27], or that that a sufficiently clear election to exercise the right has not been made, or that there has been a been delay or other conduct recognising the continued existence of the contract after knowledge of the breach, if the breach is not a continuing one.Generally, the measure of damages in the case of a wrongful forfeiture falls to be determined by the ordinary common law rules. Per Lord Cranworth in Ranger v G. W. R. y,[28]: â€Å"The right of the appellant (the contractor) would be to recover such amount of damages as would put him in as nearly as possible the same position as if no such wrong has been committed-that is, not as if there had been no contract, but as if he had been allowed to complete the contract without interruption†In Smith v Howden Union (1890), the plaintiff had nearly completed a sewerage contract and the engineer fraudulently refused to certify. The defendants took possession of the works and certain plant. It was held that the plaintiff was entitled to damages for prevention of completion, such damages being what he would have been entitled to if he had completed and the engineer had certified; and judgement was given for the unpaid balance of the contract price, extras properly ordered, extras properly certified, and the value of the plan t seized.The principle remedy for any breach of contract is an award for damages. As a general principle, where an employer is guilty of a breach of a construction contract, the contractor is entitled to damages under two headings. The first is damages for any actual loss that has been suffered, and the second is damages for any profit of which the contractor had been deprived. Where the employer’s breach is sufficient to justify the contractor in terminating the contract, the contractor is entitled to damages reflecting everything which would have een received under the contract, or proportion of it that remains outstanding at the date of termination, less what it would have cost the contractor to complete the work. It has been clearly established that the damages should include the profit element on work remaining to be done as seen in the landmark case of Wraight Ltd v P H & T (Holdings) Ltd[29]. Where, however, the contract is one which the contractor had under-priced and on which the contractor would thus have made no profit, only nominal damages will be awarded for the employer’s breach.This is because as seen in C&P Haulage v Middleton[30], an award of damages should not put the claimant in a better position than if the contract had been performed. But if this procedure was relentless pursued it would lead to a party in default having to pay ‘for all loss de facto resulting from a particular breach however improbable, however unpredictable’. [31] The courts therefore set a limit to the loss for which damages are recoverable, and loss beyond such limit is said to be remote. The famous rule as stated in the case Hadley v Baxendale[32] is: Where two parties have made a contract which one of them has broken the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either (1) arising naturally, i. e according to the usual course of things from such breach of contract itself, or (2) such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it† This is demonstrated in the case of Balfour Beatty Construction (Scotland) Ltd v Scottish Power Plc[33].The claimants there, who were constructing a concrete aqueduct over a main road, installed a concrete batching plant and arranged for the defendants to supply electricity to it. The claimants needed to pour all the concrete in a single continuous operation and so, when the electricity supply failed, the claimants had to demolish all the work which had been done. Unsurprisingly, it was held that while the defendants were clearly in breach of contract because of the power failure, they were not liable for the extra losses nvolved in the demolition and reconstruction, since the claimants had not informed them that a continuous pour was essential. It has long been established th at contractor’s claims for loss and expense under express contractual provisions are assessed in exactly the same way as damages for breach of contract. Any disruption to the regular process of work under a contract may lead the contractor to incur administrative costs, such as the diversion of managerial time and effort, at head office.If so, these costs may justifiably be claimed, but it will not be simply assumed that such losses have been suffered. They must be specified and properly supported by the evidence, for example by records of the time spent by individuals in dealing with the particular problem[34]. Where the contract period is prolonged by something for which the employer is contractually responsible, the contractor may may also seek to claim in respect of general office overheads.When making application for the head office overheads part of loss and/or expense under Standard Form Building Contracts, contractors often base their claim on a formula. The Courts ha ve never given approval to the use of formula in this way although they have accepted the use of formulae in certain cases which generally were decided on their own facts. Indeed, the courts have tended to disapprove formulae unless as a last resort or the parties have agreed their use as seen in Alfred Mc Alpine Homes North Ltd v Property & Land Contractors Ltd[35]. Actual costs are normally required.Claims for head office overheads are essentially claims for lost opportunity to contribute to those overheads, because the overheads do not actually change or, if they do, the amount of any extra overheads directly resulting from the delay can be claimed separately. Formulae assume a healthy construction industry and a contractor with finite resources with the result that if he is delayed on a project, he will be deprived of the chance to take other work. Where the industry is sluggish or where the contractor is so large that turning away work does not arise, the latter will face diffi cult problems in showing the lost opportunity[36].There are several formulae in common use notably Emden formula, Eichleay formula and Hudson formula. Also a contractor who has accepted the wrongful repudiation is not restricted to suing for damages for breach on contract. He may, as an alternative, where he has elected to treat the contract as rescinded, sue upon a quantum meruit. The expression quantum meruit means â€Å"the amount he deserves† or â€Å"what the job is worth†. A quantum reuit clause claim is one in which the contractor seeks payment of the reasonable value of work done for the employer.Where the employer is in breach of contract, the crucial question is whether the contractor in such circumstances can simply ignore the contract and instead claim a reasonable sum for all the work done, even if this means that the contractor recovers more than what would have recovered under the contract. In the situation where there is a contract, then the issue in a Contractual Quantum Meruit claim is either the measure of the â€Å"reasonable sum† or the interpretation of similarly wide express terms. The issue is whether the measure is on the basis of cost or market price. There appears to be no hard and fast rule.In the case of an express contract to do work at an unquantified price, the measure is the reasonable remuneration of the contractor Serck Controls Ltd. v Drake & Scull Engineering Ltd[37]. In the case where there was a contract, the assessment of a quantum meruit was usually based on actual cost which would include on and off site overheads provided that it was reasonable and was reasonably and not unnecessarily incurred, plus an appropriate addition for profit[38] Judge Bowsher QC in Laserbore Ltd v Morrison Biggs Wall Ltd[39] had to decide the meaning of the term â€Å"Fair and reasonable payments for all works executed†.He considered that the costs plus basis was wrong in principle even though in some instances it may produce the right result. The appropriate approach was to adopt general market rates.

DEBATE ON SHOULD THE ROLE OF CLINICAL NURSE SPECIALIST AND ADVANCE Essay

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Little boy crying by Mervin Morris Essay Example for Free

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Nivea Family Brand Essay Example for Free

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Residency in Australia Residency Laws

Residency in Australia Residency Laws Clemens and commissioner of taxation [2015] AATA 124 (6 March 2015) 1. Issue and decision consider in chosen case: Introduction: The whole case is about backpackers who were foreign nationals each of whom stayed in Australia for more than 183 days in the tax year to 30 June 2013. Maximillian Clemens (the applicant) from Germany, who entered Australia in 3 October 2012 under working holiday visa with Subclass 417. He described himself as a visitor or temporary resident and he was not willing to stay in Australia permanently (austlii.edu.au, 2017). Maximillian Clemens was lived with his parents for about two weeks before moving to the campus of Universitat Koblenz-Landau. After that Mr. Clemens transferred to Johannes Gutenberg Universitat Mainz where he lives, probably, in rental property. Maximillian Clemens dont have any assets in Australia, he stayed in 14 different hostel for some 45 days (from 3 October 2012 to 17 November 2012), which was locating at nearest area of New South Wales and Queensland, after that for period of 92 days applicant shared a bedroom with his friends (7 people) in Sydney (from 18 No vember 2012 to 18 February 2013), during that type of period the applicant worked in casual factory hand for Warringah Plastics Pty Ltd. From 19 February 2013 to 5 April 2013 the applicant was again lived in 12 different hostels which was located through out Australia, and on 6 April 2013 he arrived in Fiji for 8 days for island hopping trip. The applicant again entered in Australia on 14 April 2013. On 2 April 2013, an assessment form was stopped in the interest of the Applicant. On 22 July 2013, the Commissioner exhorted that he had finished a survey of the government form and presumed that the Applicant was not an occupant of Australia for the year finished 30 June 2013. On 26 July 2013 the Commissioner issued a Notice of Assessment evaluating the Applicant on his pay as a non-occupant. On 15 October 2013, Backpackers Buddy in the interest of the Applicant questioned the Notice of Assessment in light of the fact that he was an occupant of Australia for the year finished 30 June 2 013. On 14 February 2014, the Commissioner refused the protest. The Applicant now looks for an audit of that choice. The issues are: 1. The broad issue involved in this process is whether the applicant was a resident of Australia in the year ended 30 June 2013. 2. To get the permanent residency in Australia Clemens has to pass the following test: a. The ordinary concept test: The ordinary concept is the concept when person wants to stay permanently in Australia without any aim. In this whole case Mr. Clemens declared himself as a tourist and he wants journey in Australia on a working holiday visa, he had no any plan to reside Australia permanently. b. The Domicile test: The Domicile test is the test, when the persons parents are permanent resident of Australia and person have his own house where person can live their safely. Mr. Clemens has no any asset in Australia and his parents basically from Germany, so Mr. Clemens can not pass this test for permanent residency. c. The 183 day test: The 183 day test is the test when the person is permanent resident of Australia, when person reside in Australia for 183 days, in this case person reside in Australia for 186 days, therefore he declared himself as a resident of Australia as per 183 day test. d. The superannuation fund: The person is a member of certain superannuation fund. Maximillian Clemens was not a part of any kind of superannuation in Australia. Thats why he can not clear the superannuation test. So, in conclusion person will be a resident, if he or she permanently lived in Australia or have been in country more than half of the financial year, however person dont have any intention to live in Australia permanently. Clemens was a visitor, but he reside Australia more than 183 days. 2. The reasons for support the needs for proposed changes to the residency rules: The fundamental contrast in expense status is that non-inhabitants are not qualified for the tax-exempt edge, so salary is exhausted ideal from the principal dollar. For the 2012-13 year, there is no incremental assessment rate up to $80,000 wage yet a straight-up rate of 32.5%, albeit from that point the rates break even with Australian inhabitant rates. (Assess rates for 2011-12 were 29% up to $37,000, 30% to $80,000, from that point equivalent to occupant rates.) (Alan Lewis 2012). 3. Identify the relevant case with the topic: One of the case which is related to Clemens case is: 11 March 1515 Backpacker not resident of Australia under 183 day test Re Koustrup One of the person Danish origin who has spent total 287 days in Australia, when he came in this country during the financial year of 30 June 2013, which has been founded by Administrative appeals tribunal that he is not a resident of Australia during that financial year. This was one of three comparable cases heard together by the Tribunal. Since the reality designs in the three cases varied tangibly, the Tribunal gave isolate choices. The material standards and the choices for every situation were, be that as it may, the same. The choices were Re Koustrup, Re Jaczenko and Re Clemens. In every case, it was a commissioner, who battled that the applicant is not permanent resident of Australia. This was a result of the tax-exempt limit that applies to an inhabitant of Australia however which does not make a difference on account of an outside occupant. The presence of the tax-exempt edge with regards to an inhabitant offers ascend to a zero rate of expense applying to the main $18,200 of assessable wage. This is to be stood out from a rate of 32.5% which applies to the principal $18,200 of assessable wage, if the citizen is dealt with as an outside inhabitant. In Re Koustrup, the candidate entered Australia under a working occasion visa. She depicted herself as a guest or impermanent participant coming to Australia for the primary reason of having an occasion. She additionally assigned that her planned length of remain in Australia would be eight months. The candidate had no arrangements to live in Australia; she was a guest. While in Australia, the candidate stayed and worked for brief periods in different parts of Australia. After an aggregate remain of 287 days she came back to Denmark. 4. The facts and decision in chosen case: The facts and decisions in Clemens case are; the applicant or Clemens was a resident of Germany and he came to Australia on working holiday visa, he doesnt want to live in Australia permanently and he declared himself as a non resident of Australia. The decision in these case is relating to the question that, whether applicant is a resident of Australia or not: 1. Clemens intentions was not to live in Australia permanently. He just want to raise the fund for traveling through agriculture area. Subsequently, the expectation of the holidaymaker is a main consideration to get an assessable treatment as inhabitant in Australia. 2. The typical place of home (is a piece of the 183 day test) alludes to where the individual ordinarily or usually stays. 3. It is conceivable to have no typical place of house all. This would emerge in conditions where a man is moving about with no settled address which the individual would hold as his or her typical place of staying. This sort of individual is uncommon and has been alluded to as a supposed feathered creature of entry. 4. It is impractical to have at least two common spots of house a similar time. Where there are two contending spots of dwelling place should be evaluated, in view of all the accessible truths, as to which one seems to be regular. 5. It is, be that as it may, feasible for there to be two distinctive regular spots of habitation diverse circumstances. In this way, a man can have a typical place of home one area for a large portion of the assessment year and as a result of changed conditions that same individual can have an alternate common place of home the other portion of the year. 6. The holidaymakers are not part of superannuation fund, so they are not able to claim for superannuation fund. 7. While the Parliamentary goals are not generally important, it is significant that the different capabilities to the 183 day lead were sanctioned by Parliament all together that there might be no risk of regarding as inhabitants people who are absolutely guests: Illustrative Notes on Amendments contained in the Income Tax Assessment Bill 1930 to change the Income Tax Assessment Act 1922-29, page 11. Thus, foreigners or visitors on holidays or working in Australia who are more than 183 days in Australia, would not be permanent residents during their stay under this test, as their intention to stay in their home country and would not have an intention to stay in Australia permanently. PART B 1. Purpose of the bill: The four Bills in this bundle execute the Governments declaration on 27 September 2016 that working occasion creators (WHMs) would be saddled at a rate of 19 for each penny for money from this work up to $37,000, with common duty rates and limits applying from there on. Other components of the reported bundle incorporate expanding the expense on the Departing Australia Superannuation Payment to 95 for each penny, expanding the traveler development charge (PMC) by five dollars and decreasing the application charge for WHM visas by $50. Elements of the reported bundle that are excluded in the Bills and should be actualized through different changes are $10 million financing for Tourism Australia for an adolescent focused on promoting effort, changing visa conditions so that a business with premises in various locales can utilize a WHM for 12 months, with the WHM working up to six months in every area, and changing visa conditions so that the qualification age for a WHM visa is lifted from age 30 to age 35. The primary motivation behind the Working Holiday Makers Reform Bill 2016 is to build the agribusiness and tourism business in Australia (Koehler, 2013). This change helps the working holidaymakers to pay whats coming to them of expense. This change builds the income and the obtaining force of the Working Holiday Makers. The administration disentangle the control for the duty and streamline the visa direction by lessen the visa charges by 50$.This additionally increment the quantity of working holidaymakers every year. The primary motivation behind the changes is as per the following: 1. The Turnbull government needs to expand the quantity of Holidaymaker through the change in the bill. That expands the duty income of the administration from the holidaymakers (Malmberg and Miller, 2013). 2. The working holidaymakers are an extraordinary hotspot for the supply of the works in the horticulture part. The horticulture division produces 90% nourishment that expend in Australia. The farming part is an incredible donor towards the GDP of Australia. In this way, the need in supply of work amid the gathering season can diminish the efficiency in the farming area (Traversa, 2014). 3. The holidaymakers assist tourism industry with growing speedier. It is an incredible wellspring of their income. It likewise expands the income of the lodgings, inns, and eateries (Tricker, 2015). The holidaymakers are likewise work in the eateries and inns as a server or a room benefit at a low work charge than neighborhood residents. It helps the proprietor to expand their benefits. 4. The administration needs to record data about the working holidaymakers and their bosses. They take the data about their pay, work charge, motivating forces and so on. Along these lines, it is feasible for the legislature to decrease the misuse of the working holidaymakers. 2. WHMR bill 2016, in the context of Clemens and Commissioner of taxation As indicated by the WHMR charge 2016, Clemens is alien in Australia with the end goal of salary charge. The duty treatment for her ought to continue as per the accompanying tenets. While, Clemens gains under 37000 the duty rate will be 19%. While, Clemens profit surpasses $37000 yet under $80000 than the duty rate will be 32.5%. Once more, if the profit of Clemens surpass $80000 yet under $180000 the duty rate will be 37%. While the profit of Clemens more noteworthy than $180000 the duty rate will be 45%. As Clemens is not an occupant in Australia, in this manner the assessable salary of Clemens ought to regard as an outside occupant. The Clemens is not qualified for the home exception in the expense treatment (Dowling 2014). Accept that Clemens win $200000 in a budgetary year. Taxable income Tax rate Less than $80000 32.5 per cent Exceeds $80000 but does not over $180000 37 per cent Over $180000 45 per cent References: 1.http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/AATA/2015/124.htmlstem=0synonyms=0query=clemens 2. Alan Lewis Accountant, August 29 2012 http://www.lewistaxation.com.au/tax/general-tax/resident-for-tax-purposes 3. The tax Institute http://www.taxinstitute.com.au/news/backpacker-not-resident-of-australia-under-183-day-test-re-koustrup 4. http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1617a/17bd030 5. http://www.mytaxresidency.com/australia/residency-test-2-the-domicile-test 6. Dowling, G. R. (2014). The curious case of corporate tax avoidance: Is it socially irresponsible?. Journal of Business Ethics, 124(1), 173-184 7. Koehler, M. (2013). An Examination of Foreign Corrupt Practices Act Issues. Richmond Journal  of Global Law Business, 12, 3. 8. Malmberg, C., Miller, A. B. (2013). Foreign Corrupt Practices Act. Am. Crim. L. Rev., 50, 1077

Death Penalty - Justified Essay -- Argumentative Persuasive Papers

Death Penalty - Justified There are many problems facing our criminal justice system today. Some of the more important ones are overcrowded jails, the increasing murder rate, and keeping tax payers content. In light of these problems, I think the death penalty is our best and most reasonable solution because it is a highly effective deterrent to murder. And, tax payers would be pleased to know that their hard-earned tax dollars are not being wasted on supporting incorrigible criminals who are menaces to society. In addition, they would not be forced to fund the development of new penitentiaries in order to make room for the growing number of inmates in our already overcrowded jails. Moreover, the death penalty would serve to curb the growth of future crimes and consequently the number of inmates would also be reduced. Thus, overcrowding in federal and state penitentiaries would be eliminated. In this essay, I will discuss these ideas and prove why capital punishment is the best viable solutio n to the problems plaguing our criminal justice system. Capital punishment could solve our problem with the increasing murder rate because it serves a highly effective deterrent. â€Å"The death penalty deters murder by putting the fear of death into would be killers. A person is less likely to do something, if he or she thinks that harm will come to him† (Studyworld 1). This fear of death is the key to reducing the murder rate. Frank G. Carrington informs us that Louis Joseph Turck..., an ex-convict with a felony record dating from 1941, was arrested May 20, 1961 for robbery. He had used guns in prior robberies in other states but only pretended to be carrying a gun in the robbery here [Cal... ...ng tax payers, and the other problems facing out criminal justice system. As we have seen, it can serve as a deterrent and reduce the murder rate. In addition, the death penalty would fee up space in overcrowded state and federal prisons. Moreover, it satisfies tax payers because it requires less tax money and can eliminate the need for additional prisons. Hence, capital punishment should be instituted everywhere. Works Consulted â€Å"Benefits of Capital Punishment.† Studyworld. 20 Nov. 2002 . Carrington, Frank G. Neither Cruel nor Unusual. New York: Arlington House Publishers, 1978. Jacobs, Nancy R, Alison Landers, and Mark A. Siegel, eds. Capital Punishment - Cruel and Unusual?. 1979-1996. 7th ed. Texas: Information Plus, 1996.

Animal Farm as a Fable Essay -- Literary Analysis, George Orwell

Everyone has encountered Aesop's fables at some point in their life. Aesop is the most renowned author of fables; a fable can be any â€Å"short tale to teach a moral lesson, often with animals or inanimate objects as characters† (â€Å"Fable†). For example, Animal Farm by George Orwell can be considered a fable. In this novel, the animals on Manor Farm rebel against their oppressive dictator, Mr. Jones, forming Animal Farm. However, after the rebellion, the animals allow the pigs to take over, who become the oppressive dictators who abuse the animals; Animal Farm has come full circle. It is rather obvious that the characters and events in Animal Farm are parallels to the rise and revolution of Communism in Russia. But why would Orwell write a fable instead of a political novel? One reason is prominent among many. By writing a fable, Orwell is able to incorporate traditional morals from well-known fables into his novel, Animal Farm; The morals from â€Å"The Ass and th e Old Shepherd,† â€Å"The Hawk, the Kite, and the Pigeons,† and â€Å"The Lion’s Share.† Orwell uses the universal moral from â€Å"The Ass and the Old Shepherd† to defend a similar moral on government. In Animal Farm, the story opens on Manor Farm, which is run by the oppressive Mr. Jones. The animals are â€Å"born, we are given just so much food as will keep the breath in our bodies, and those of us who are capable of it are forced to work to the last atom of our strength; and the very instant that our usefulness has come to an end we are slaughtered with hideous cruelty† (Orwell 28). The animals rebel and form their own farm: Animal Farm. They drive Jones out, and allow those of a higher intellect (the pigs) to take over. One dissolute pig named Napoleon now has absolute power over the farm, an... ...â€Å"The Hawk†), and â€Å"You may share the labors of the great, but you will not share the spoils†(â€Å"The Lion's†). These morals can also be found in famous fables by authors like Aesop or La Fontaine, which proves their validity. If the same moral can be applied in two different situations, (the fables and the novel) it is more likely to impact other situations outside of literature, in the lives of the readers. This is why Orwell decided to use a fable; he wanted to be able to include the morals that could affect real people. He wanted to warn lower classes everywhere of these important points in a novel that a plebeian might actually read. By writing a fable, Orwell is able to support the morals in his novel by incorporating traditional morals; â€Å"Mr. Orwell has worked out his theme with a simplicity, a wit, and a dryness that are closer to La Fontaine and Gay† (Wilson 51).

Final Test Review

With respect to sales at those locations, Roz is a. an independent contractor. . ot Trina's agent or employee, or an independent contractor. c. Trina's agent and employee. d. Trina's employee only. 2. Refer to Fact Pattern 17-1. At the shop, Roz and Sara are a. independent contractors. b. not Trina's agents or employees, or independent contractors. c. Trina's agents and employees. d. Trina's employees only. 3. Refer to Fact Pattern 17-1. Trina hires Unity Cleaning Company to clean the carpets of her shop. Trina gives Unity instructions as to what needs to be cleaned and when. Unity is 4. Cody contracts with Drew to act as her agent in a fraudulent marketing scheme.Cody does not successfully complete the scheme. Drew can re cover from Cody for a. breach of contract. b. breach of implied warranty. c. breach of the duty of performance. d. none of the above. 5. Irma retains Jerry as her authorized agent, unaware that Jerry is a mi nor. Jerry enters into a contract with Ken on Irma's be h alf. The contract is a. binding on Irma. b. binding on Jerry and Ken, but not Irma. c. binding on Ken, but not Irma or Jerry. d. void. 6. Jill introduces Kelly to her friends as â€Å"my associate. † Kelly purports to act as Jill's agent in several business transactions with those friends.If Jill is liable for Kellys actions, it will be under . the equal dignity rule. c. the fiduciary principle. d. the good faith statute. 7. Macro Corporation and National Purchasing Company may create an agency agreement a. by conduct, in writing, or orally. b. by conduct or orally only. c. in writing only. d. under no circumstances. 8. Jay holds himself out as possessing special accounting skills. As an agent, he must exercise the degree of skill or care expected of a. a person having those skills. b. an average, unskilled person. c. a reasonable person. d. the principal. 9.Dan, an agent for Eve, signs an agreement with Fred on Eve's behalf but ne glects o tell Eve that the agreement require s the payment of a certain tax. The government prosecutes Eve for failing to pay the tax. Eve is a. liable, because Dan's knowledge is imputed to Eve. b. liable, because Fred's knowledge is imputed to Eve. c. not liable, because Dan did not tell Eve about the tax. d. not liable, because Fred did not tell Eve about the tax. 10. Prospective Enterprises (PE) employs Quinn to buy property for a possible com mercial development. Quinn secretly buys some of the property and sells it to PE at a profit.Quinn has breached a. no duty. b. the duty of accounting. c. the duty of loyalty. d. he duty of notification. Internet Services, Inc. , employs Joe as an agent. During the agency, Joe acquires 11. new skills. After the termination of the relationship, Joe uses those skills in a new Job. Joe has breached a. no duty. b. the duty of loyalty. c. the duty of notification. d. the duty of performance. 12. Regional Investment Corporation (RIC) hires Sam, a real estate agent, to locate investment prop erties for RIC. Sam learns of a warehouse avail able for $100,000, buys it himself, and offers it to RIC for $200,000.Under the reasoning of the court in Case 17. 3, Cousins v. Realty Ventures, Inc. , Sam a. reached the agent's fiduciary duties to the principal. b. did nothing wrong. c. failed to take advantage ofa business opportunity. d. set an unreasonable price based on current market value. 13. Pam is an agent for Refined Chemicals Corporation. Refined Chemicals owes Pam the duty of a. accounting. b. obedience. d. safe working conditions. 14. Regional Products, Inc. , hires Sam to act as its agent. Tina sues Regional for Sam's negligent conduct. Regional's right to sue Sam for an equal amount of damages is the right of a. voidance. b. cooperation. c. indemnification. d. reimbursement. 15. Glen is an agent for High Flight, Inc. On High Flight's behalf and at its request,Glen pays ‘Isa for certain plane maintenance and repair serv ices. Glen's right to obtain the amount of those payments from High Flight arises under the principal's duty of 16. Ann is a businessperson acting as an agent for Business Sales, Inc. (BSI). In an ordinary business situation, Ann a. can contract on BSI's behalf without further authority or ratification. b. cannot contract on BSI's behalf. c. must obtain BSI's written authority to enter into a contract for BSI. . must obtain BSI's later ratification ofa contract entered into for BSI. 17. Lyn may hire employees to work in the Main St. Computer Store that she manages de spite the fact that her employment agreement with Main St. says noth ing about her being able to hire employees. This is a. apparent authority. b. equal authority. c. express authority. d. implied authority. 18. Quick Supplies Company (QSC) requires its customers to pay by check. Ron, a QSC driver, tells customers on his route that they can pay him with cash. When QSC learns of Ron's collections, it takes no action to stop it.Ron steals some of the cash. QSC may be suffer the loss under the doc trine of a. apparent authority. 9. Alpha Sales, Inc. , employs Britney as a sales agent. Alpha gives Britney a furnished office and an expense account. Consumer Retail Company (CRC) orders goods from Britney, who fills the order with goods from Deal EZ Corpora tion. The goods are defective. CRC may recover damages from Alpha on the ground of a. apparent authority. 20. Elin, an agent for First Credit Corporation (FC), enters into an unau thor ized contract with Great Expectations, Inc. (GE), purportedly on FC's be half.This contract a. b. 21. any third party. Elin. Carol hires Dick to act as her agent in the purchase of an office building. Carol does not want the seller to know that she is the buyer, so she asks Dick to epresent that he is buying the building for himself. Carol is a. a disclosed principal. b. an independent contractor. c. an undisclosed principal. d. a partially disclosed principal. 22. Jack says that he placed an order with Internet sales. com, which did not fill it, causing Jack to lose money. If the order was taken via an e-agent, under the Uniform Electronic Transactions Act (UETA), Internetsales. om can a. claim it did not receive the order but at any rate the risk was Jacks. b. claim it did not receive the order if the firm was not yet aware of it. c. claim it did not receive the order if the order had ot yet been reviewed. d. not claim it did not receive the order. 23. Bizonline. com uses an electronic agent, or e-agent, to perform certain tasks in e-commerce.With respect to the e-agent's actions, Bizonline. com is bound by a. all of the actions. b. only those actions of which Bizonline. com is aware. c. only those actions that Bizonline. com does not refute within ten days. d. nly those actions that Bizonine. com ratifies. 24. Aron, an agent for Bright Sales, Inc. (BSI), enters into an unauthorized contract with Consolidated Corporation (CC) purportedly on behalf of BSI, which refuses to perform. Aron is liable to . BSI and CC for breach of contract. b. BSI for misrepresentation. c. CC for misrepresentation. d. no one. 25. Agnes is a salesperson for Beta Technical Instruments, Inc. (BTI). She misrepresents to Curt, a customer, that a certain device has a certain ca pability. In reliance, Curt buys the device. Liable for this misrepresen ta tion is a. Agnes and b.Agnes only. c. only. d. neither Agnes nor BTI. 26. Elle is an agent for Fresh Food Corporation. Elle makes a mis representa tion when entering into a contract on be half of Fresh with Gala Grocery Stores, Inc. Gala a. is estopped from performing the contract. . may rescind the contract. c. must perform the contract. d. must ratify the contract. 27. AAA Auto Sales, Inc. , employs BBB Collection Company as a collection agent. injures Cathy. Cathy can recover from a. AAAonly. b. AAAor BBB. c. BBB only. d. Cathys insurance company only. 28. Eve hires Frank to do some remodeling work in her office.The relation ship be tween Eve and Frank is client and independent contractor. While working, Frank drops a tool on Gary, Eve's customer, causing an injury. Eve is a. liable to Gary because he was injured on Eve's property. b. liable to Gary unless Franks act is intentional. . not liable because Frank is an independent contractor. d. not liable to Gary because Frank is Eve's employee. 29. Common Carrier Corporation (CCC) employs Don as an agent. Without CCC's knowledge but otherwise acting within the scope of em ployment, Don commits a crime. The state can successfully prosecute a. ccconly. b. CCC or Don. . Don only. d. neither CCC nor Don. 30. Gil is a purchasing agent for H;H Ranch with the authority to buy cat tle at a certain auction. After the cattle have been bought, the agency rela tionship terminates a. automatically. b. following notice to all actual cattle sellers. c. ollowing notice to all potential cattle sellers. d. following published notice in a local newspaper. 31. Myra, an agent for National Buys , Inc. , has often done business with Owen on National's behalf. Myra and National terminate their agency. For Myra and National to avoid liability for later deals, Owen must be no tifled by a.Myra only. b. National only. c. Myra and National. d. neither Myra nor National. 32. Ida hires Jim, a real estate broker, to act as her agent to sell her land for $10,000. Oil is discovered beneath the land, causing its market value to in crease one hundred-fold. The agency agreement is likely . still in force if Ida gives Jim additional consideration. b. still in force if Jim does not mention the oil to prospective customers. c. terminated by mutual consent of the parties. d. terminated by operation of law. Fact Pattern 17-2 (Questions 33-34 apply) Quinn employs Roy as his authorized business agent on April 1.Quinn's son Stan peti tions a court to declare Quinn mentally incompetent. The court grants Stan's request on May 1 . 15. After May 1, the contract, which has not been performed, is a. b inding on Quinn. b. binding on Roy. c. binding on Stan. 34. Refer to Fact Pattern 17-2. Roy enters into a contract on Quinn's be half on May 15, before Roy knows of the court's action. The contract is 35. Mary hires Nina, a real estate broker, to sell her warehouse. The ware house burns down be fore being sold. Nina is a. Marys agent until Marys insurer pays Nina's commission. b. Marys agent until the burnt warehouse is sold. c.Marys agent until the warehouse is rebuilt and sold. d. no longer Marys agent. MULTIPLE-CHOICE QUESTIONS-Bustness Entities 1. Fred starts up, and assumes the financial risk of, Graphic Ads, a new en terprise. Fred is a. a franchisee. b. a franchisor. c. an agent. d. sole proprietor. 2. Jody owns Kappa Sales, a sole proprietorship. Jodys liability is a. statute and varies from state to state. b. limited to the extent of capital expenditures. c. limited to the extent of his or her original investment. d. unlimited. limited by state 3. Bree, who runs a livestock breeding business, owes the Circle C Ranch $400,000.Bree agrees to pay the Circle C a percentage of her profits each month until the debt is paid. Because of this agreement, the Circle C is a. Bree's creditor and partner. b. Bree's creditor only. c. Bree's partner only. d. neither Bree's creditor nor her partner. Adam, the owner of Adam's Apples, a sole proprietorship, wishes to in crease his busi ness capital. This objective can best be accomplished by a. issuing additional stock. borrowing funds from lenders. . bringing in additional partners. d. none of the above. 5 unlimited. limited to the amount of his or her original investment. capital expenditures. d. imited by state statute and varies from state to state. 6 Amy wants to go into the business of construction contracting. Among the reasons that would probably convince Amy to set up her business as a sole proprietorship would be a. its greater organizational flexibility. . its limited liability. c. its perpetual existence. d. the ease of transferring the business to other family members. 7 Owen and Paula agree to operate an espresso stand. They purchase their supplies and split the costs equally. They agree to share profits equally, and decide that each of them will have an equal say in how the stand will operate.Nothing is put in writing. Owen and Paula have formed a. a partnership. b. a sole proprietorship. c. a corporation. d. nothing because their agreement was not reduced to writing. 8 Computer Networks, LLC, is a limited liability company. Unless indi cated otherwise on Computer Networks' federal tax form, the firm will be taxed as a. a corporation. b. a partnership. c. a sole proprietorship. 9 General Construction, LLC, is a limited liability company. Among the members, a dispute arises that their operating agreement does not cover. The dispute is governed by a. the applicable state LLC statute. b. the federal Uniform LLC Law. c. he International LLC Governing Resolution. 10 Computer Games, LLC, is a limited liability company. Among the mem bers, a dispute arises that their operating agreement does not cover. No statute applies. The dispute is governed by the principles of a. orporate law. b. partnership law. c. sole proprietorship law. 1 1 Sue is considering forms of business organization for her construction-equipment business. For purposes of owning property and being a party to litigation, the form that is not a legal entity separate from its owner is a. a corporation. b. a limited liability company. 12 Tasty Pastry, a retail bakery, is a partnership.In terms of the firm's in come taxes on its profits, each partner is liable for a. a pro rata share only if the profits are distributed. b. a pro rata share whether or not the profits are distributed. c. the entire amount. Dean starts up E-Sites, an Internet service, and leases office space in a build ing owned by Fred. The lease requires Dean to pay Fred a base rental of $250, plus 10 percent of E-Sites' profits, each mont h. The term is two years. Dean hires Gina to work at E-Sites' tech support desk at an hourly wage of $9. 00, plus a commis Sion of 10 percent of the prof its. The term is also two years. 13 Refer to Fact Pattern 19-1.Dean and Fred are a. not partners, because Fred does not have an ownership interest or manage ment rights in E-Sites. b. not partners, because the lease includes a â€Å"base rental. † c. not artners, because the rent includes only 10 percent of the profits. d. partners in a partnership for two years. 14 Refer to Fact Pattern 19-1. Dean and Gina are a. not partners, because Gina does not have an ownership interest or manage ment rights in E-Sites. b. not partners, because the pay includes an hourly wage. c. not partners, because the pay includes only 10 percent of the profits. d. partners in a partnership for two years. 5 Quik Pizza is operated as a partnership. For tax purposes, Quik Pizza a. is a tax- paying entity. b. is required to file an information return but is not a tax-paying entity. . pays 1/2 of the taxes if there are two partners. d. pays 1/4 of the taxes if there are three partners. 16 Jay is a member of Kappa, LLC, a limited liability company. Jay is liable for Kappa's debts a. in proportion to the total number of members. b. to the extent of his capital contribution. c. to the extent that the other members do not pay the debts. d. to the full extent. 17 Dan is considering forms of business organization for his financial advisory firm.Like most states, Dan's state requires that to form a limited liabil ity company, he must file with a central state agency a. rticles of certification. b. articles of formation. c. articles of organization. d. no specific documents. 18 Computer Games, LLC, is a limited liability company. Among the mem bers, a 19 Accounting Applications, LLC, is a limited liability company. Unless indi cated otherwise on Accountings federal tax form, the firm will be taxed as a. a corporation. d. a syndicate. 20 American Products, LLC, is a limited liability company. Rather than dis tribute its reason, American may prefer to be taxed as a.MULTIPLE CHOICE QUESTIONS-corporanons a corporation. 1. American Goods, Inc. , is a corporation. Responsibility for the overall management of American Goods is entrusted to a. the board of directors. b. the corporate officers and managers. c. the owners of the corporation. d. the shareholders. 2. Statewide Distributors, Inc. (SD'), is a corporation. Owen is an SDI off cer. Which of the following possess Fifth Amendment rights in a crimi nal case? a. SDI only b. Owen only c. SDI and Owen d. none of the above 3. Federal Home Products, Inc. (FHP), is a corporation. The implied powers of FHP are powers necessary to a. mend the corporate charter. b. bring a derivative suit. c. declare dividends. d. erform all acts reasonably appropriate and necessary to accom plish its corporate purposes. 4. Web Design, Inc. , is a close corporation. Web Design is a. eligible t o make public offerings of securities. b. exempt from corporate duties such as filing a certificate of incorporation. c. generally allowed to restrict transfer of stock. d. taxed in the same manner as a partnership. 5. Acme, Inc. , is incorporated in the state of California and is doing busi ness in the state of Nevada. In Nevada, it is properly referred to as a. an alien corporation. . a foreign corporation. c. a close corporation. d. national corporation. 6. Eve and Fran want to market a new line of cooking appliances. To be taxed the same as a partnership but enjoy limited liability, they should form a. ac corporation. b. a close corporation. c. an S corporation. d. a private corporation. 7. Jean and Nathan want to incorporate to market DVD products. The first step in the incorporation procedure is to a. file the articles of incorporation. b. hold the first organizational meeting. c. obtain a corporate charter. d. select a state in which to incorporate. 8. Ron and Nancy form Eagl e Equipment Corporation.Eagle has a board of directors, overned by its a. board of directors. b. incorporators. c. officers. d. shareholders. 9. Bart and Cary are directors of Digital Designs, Inc. Voting by Bart and Cary at corporate directors' meetings a. may be cumulative. b. may be done by proxy in all states. c. must be done in person. d. all of the above. 10. Intech Corporation makes and sells computer chips. In most states, the minimum number of directors that must be present before Intech's board could transact its business is a. all of the directors authorized in the articles or bylaws. b. a majority of the number authorized in the articles or bylaws. any odd number (so that tie votes are avoided). 11. Joe and Diana form Consumer Goods, Inc. Ultimate responsibility for policymaking decisions necessary to the management of corporate affairs rests with Consumer's a. board of directors. 12. James and Quincy are directors of Monroe Investments Corporation. Monroe has fifty-two shareholders. A dividend on Monroe stock can be declared by a. one member of the board. b. a majority vote of the board. c. a majority vote of the board and majority vote of the shareholders. d. a unanimous vote of the board and majority vote of the shareholders. 13. Visual PlayCompany makes DVD players. Visual Play is like most cor porations in that its officers are hired by the firm's a. board of directors. c. other officers. 14. Frosty Drinks Corporation distributes soft drinks in the Midwest. Frostys board of directors can delegate some of its functions to the firm's a. incorporators. b. officers. c. shareholders. 15. Coast-to-Coast Distribution, Inc. , is a direct-mail distribution company. Like most corporations, Coast-to-Coast's employees include its a. board of directors. 16. Fran is a director of Global Enterprises, Inc. To the corporation, Fran owes a duty of a. care only.

Dysfunctional Families

Dysfunctional families are common to both the world of Great Expectations, by Charles Dickens and The Glass Menagerie, by Tennessee Williams. A family is a basic social unit consisting of more than one human being. Functional families co-operate with one another to sustain a happy and nurturing home life that is comforting and a pleasure to be in. Members of a functional family genuinely care for one another’s safety and wellbeing. A dysfunctional family is the opposite of a functional family. In Great Expectations there are two dysfunctional families, Joe Gardgery’s family – including Miss Joe, Pip and Joe himself; and Miss Havershams family, which consists of her and her adopted daughter, Estella. Technically, the escaped convict, known as Magwitch, his wife and daughter could be considered as dysfunctional too. Their family is not as predominant as the other two families. In The Glass Menagerie, Tom, Laura, Amanda and Amanda’s absent husband are also a dysfunctional family. Family is important to the main characters in each of these texts, as it is the source of their values, morals and beliefs. Tom Wingfield, from The Glass Menagerie, is a young man who wants to explore the world and go on breathtaking adventures. His father left his mother, Amanda, for this reason when Tom was a young boy. Tom has been the man of the house ever since. The Glass Menagerie is set in St Louis, USA, in a time where women did not have much power in men’s business. Amanda has a job selling magazines over the phone, which does not earn her enough money for the family to live off. Tom, therefore, works in a shoe factory, which is not the most exciting job in the world, and this is the main source of income for the family. Laura Wingfield is Tom’s older sister – she is 26, crippled and lives in her own world full of tiny fragile glass animals, along with an old victrola. Laura is the main source of conflict for the family because she aimlessly wanders through life with no purpose. During Tom’s time at home, there are many conflicts between him and his mother. This affects Tom, as he works long hours in the warehouse doing the same thing everyday. He then comes home to a mother who is constantly telling him what to and what no to do, as well as a sister who isn’t pulling her own weight. Amanda often criticises Tom’s behaviour. In the first scene nearly everything Amanda says to Tom is a command – for example, such as â€Å"Don’t push with your fingers, chew chew! †¦ Human beings are supposed to chew†, â€Å"You’re not excused from the table† and â€Å"You smoke too much†. These constant commands from Amanda’s point of view are caring, however, Tom only thinks of them as her trying to control his every move; he is at the end of his wick. In Scene Three, Tom lets Amanda know once and for all what he thinks of the situation. Amanda: â€Å"What right do you have to jeopardize your job? Jeopardize the security of us all? How do you think we’d manage if you were†¦Ã¢â‚¬ . Tom interrupts: â€Å"I’d rather somebody battered my brains out than go back (the warehouse) every morning †¦ and you say self is all I think of. Why, listen, if self is what I thought of, Mother, I’d be where he is (points to father’s portrait) – GONE! † In the end it is all too much for Tom and he leaves his helpless sister and commanding mother. He ventures off into the world; like father like son! Belonging to a dysfunctional family has deeply affected Tom and has eventually made him leave. Laura Wingfield, from The Glass Menagerie, is shy, unconfident, crippled and she often withdraws from reality. This is because she belongs to a dysfunctional family. Her mother has tried to help her by sending her to business school and finding her a gentlemen caller. Unfortunately, these are not Laura’s visions for herself, they’re Amanda’s. Although Amanda truly loves Laura, she cannot see that her bossy and overpowering personality is making Laura withdraw herself from reality even further. Laura stopped going to business school because it made her sick and she didn’t tell her mother, as she knew it would upset her. A mature young adult, firstly, would not become unwell because they attended a business school; secondly, they would tell their mother they didn’t want to attend the school anymore, and quit. Laura, on the other hand, pretends for weeks that she still attends the school; leaving and arriving home when appropriate, to make her mother believe she is still attending the school. When Amanda finally finds out Laura stopped going because it made her a little unwell, it broke her heart. Amanda: â€Å"So what are we going to do the rest of our lives? †¦ Amuse ourselves with the glass menagerie, darling? Eternally play those worn-out phonograph records your father left as a painful reminder of him? † Laura’s response to this painful truth is silence and the twisting of her hands – hopeless! With her mother and brother constantly bickering, she doesn’t seem to get the chance to speak her thoughts and feelings. Her mother tells her what she is going to do with her life, and because she loves her mother, she just does as she is told. Over time this has affected Laura; it is the reason she lost her personality and become a ghost-like figure living in a world of glass animals! Most of the time Laura doesn’t have her own thoughts, this is another side effect of having a dysfunctional family. One night her mother asks her to stop washing the dishes and to come outside and adore the moon Amanda: â€Å"†¦ Laura, come here and make a wish on the moon! †¦ Look over your left shoulder, Laura, and make a wish! (Laura looks faintly puzzled as if called out of sleep. Amanda seizes her shoulders and turns her at an angle by the door) Now, now, darling, wish! Laura: What should I wish for, Mother? † Here the moon is a symbol of hope. Amanda has found the moon because she has found hope; hope that her children will be okay in this cruel world. Laura can’t find the moon; her mother has to point it out to her and physically move her so she can see it. This is symbolic of the fact that there is no hope for Laura as she can’t and won’t help herself in this life. As Tom says â€Å"She lives in a world of her own – a world of – little glass ornaments, Mother †¦ She plays old phonograph records and – that’s about all†. Amanda has to tell Laura what to wish for – a grown woman being told what to wish for! This shows us how feeble and unsure Laura is of her actions. It is yet another problem Laura has developed because she is a part of a dysfunctional family. Pip, Joe Gargery and Mrs Joe Gargery are a dysfunctional family from the novel, Great Expectations, by Charles Dickens. The first half of the novel is set in England, in the country, a place of innocence. The second half is set in the sinful and backstabbing streets of grotty old London. Pip is an orphan; his parents and five of his other siblings died when he was very little. His older sister and her husband (Mr and Mrs Joe Gargery) adopted Pip (who says): â€Å"My Sister †¦ had established a great reputation with herself and the neighbourhood because she had brought me up ‘by hand. ’ †¦ Knowing her to have a hard and heavy hand, and to be much in the habit of laying it upon her husband as well as upon me. I supposed that Joe Gargery and I were both brought up by hand. † Pip tells the reader that his older sister often hit him and Joe. This of course was never done when a neighbour was in earshot ecause, as Pip said, the villagers respected her because she brought him up â€Å"by hand†. She also never did or said anything nice to him; he can remember this from a young age. â€Å"My sister’s bringing up had made me sensitive. †¦ I had known, from the time when I could speak, that my sister, in her capricious and violent coercion, was unjust to me. † She spoke harshly to him, hit him with the â€Å"ti ckler† (which was a stick used only for beating up Pip and Joe) and force-fed him tar water (a very nasty medicine) to serve as punishments, for acts that did not deserve punishment. Because of this, he is often unsure of his actions and easily persuaded to think and do things that, deep down, he may not feel are right. This is similar to Laura, from The Glass Menagerie. Unfortunately Laura didn’t have a caring, patient and extremely loving blacksmith in her life, unlike Pip, who has Joe. If Joe was not in Pip’s life, I am sure he would have turned out much like Laura. Joe loves Pip and genuinely cares for him, he is pure and shows many acts of kindness towards Pip, most of which Pip doesn’t acknowledge or notice. Towards the end of the novel Pip becomes extremely sick whilst in London. Joe finds out that Pip is sick, leaves his beloved town in the country and heads into London. This is a big task for Joe because as a ‘country mouse’ he does not belong in the city – he despises it, and vice versa. Joe then stays by Pip’s side for the many months it takes for Pip to recover. After Pip finally acknowldges Joe’s true love for him, Pip says â€Å"O Joe, you break my heart! Look angry at me, Joe. Strike me, Joe. Tell me of my ingratitude. Don’t be so good to me! Joe just hugs Pip because he is relieved that Pip has recovered. Joe is the most important character for Pip’s health, safety and wellbeing. Without Joe, Pip would be in prison with a sickness that only love could cure and a debt to his name that he would never be able to repay. Joe is his guardian angel. Estella and Miss Haversham, from the novel Great Expectations, are yet another dysfuncti onal family. The cause of this dysfunctional family is Miss Haversham’s desired revenge on the world because her husband-to-be left her at their wedding, breaking her heart. Miss Haversham adopted Estella as a young girl, not out of love, rather so she can could mould her into a cold-hearted witch like herself. Miss Haversham is rich and belongs to the upper middle class. Her house is a manor, and she is a well respected resident in Pip’s village. Miss Haversham invites Pip to her house a few times. Pip thinks she is his benefactor, the cause of his great expectations and the reason she asks him to go over. She really only invites him over to let Estella practice her cruel, cold-blooded personality on him. The first time Pip goes over to Miss Haversham’s, on her command, she gets him to play cards with Estella. Estalla doesn’t want to play with â€Å"a common labouring-boy! †, so Miss Haversham tempts her to play with him by saying â€Å"Well? You can break his heart. † Here we can see the effects of Miss Haversham’s cold, broken heart on Estella. Instead of wanting to make friends with Pip like a normal young girl, she wants to break his heart. This child would not have thought of this naturally, her mind has been trained to believe that in making peoples lives a living hell, you arouse a sense of satisfaction. Estella’s family has had a big impression on her values, morals and beliefs. â€Å"You are to wait here, you boy! †¦ the tears started to my eyes. †¦ the girl looked at me with a quick delight in having been the cause of them. † Estella makes Pip believe his clothes, hands and the way he speaks is peculiar and shameful. The family life Miss Haversham has made for Estella is not physically or mentally healthy for her. To add to this, Miss Haversham wears a mouldy bride dress, her house stinks of gone-off food and human body odour and it is dark and depressing. She doesn’t shower because she wears her wedding clothes year after year. This gives Estella a bad impression as her home life is not normal, her â€Å"mother† is deranged and loosing her mind. Miss Haversham does such a great job of teaching Estella to become a witch that Estella leaves her for good. This breaks Miss Haversham’s already broken heart and she kills herself. This doesn’t bother Estella – how inhumane! In both The Glass Menagerie and Great Expectations, the main characters have lost a loved one. Pip and Estella never knew their biological parents, Miss Haversham’s husband-to-be never showed up at their wedding, Joe loses Mrs Joe Gargery, Laura and Tom’s dad leaves them and Amanda’s husband leaves her with a crippled daughter and a son. Losing a loved one or someone who is a close relative adversely affects you. All of these characters are can be compared to one another because they all know what it feels like to lose a loved one and belong to a dysfunctional family. In each case, dysfunctional families affect the main characters. Tom leaves his family, Laura makes herself belong to a world of her own, Pip yearns for a justice that was always present and Estella follows the footsteps of a heartless witch. It is apparent that dysfunctional families can be the cause of losing a family member or one leaving. To me family is very important. Fortunately I have a functional family. We sometimes fight and argue, however it is always over issues that are forgotten and easily forgiven. I know that if a member of my family was to leave us it would definetly affect me. I am glad that every family member in my family is happy and healthy. In both of the texts, the main cause of a dysfunctional family is having lost a family member. This is true for some families I know. Lots of parents divorce and their kids are forever living in two houses. Sometimes it is for the better, as the kids don’t have to listen to the parents fighting. Sometimes it tears the kids hearts and they are too young to understand that their parents simply can’t be together anymore. The kids find a way into their own world, like Laura, or they take it out on others, like Estella, or they are blessed and in their reality is a Joe, who loves them and sees a way out for them to escape.