Saturday, October 12, 2019
Charles Herreshoff :: Biography Biographical Essays
Charles Herreshoff After Agnes Muller died in the cold Prussian winter of 1766, her three-year-old son was alone in the world. It was said later, though there was no proof, that Agnesââ¬â¢s husband Corporal Eschoff went mad with grief ââ¬â surely only that could have explained his subsequent abandonment both of his post as bodyguard to Frederick the Great and of his only child. In any case, he disappeared forever, leaving his former townsfolk with only the vague notion that he had "gone to Italy." The boyââ¬â¢s childhood has been lost to the past. An account written two centuries later by a descendant suggests that he lived with maiden aunts until the age of eight, when the women sent him to live with a professor in Potsdam. This, the account explains, is how the boy finally met Frederick the Great ââ¬â the monarch consulted with the boyââ¬â¢s professor. Another, more sordid tale mentions the rumors that Frederick himself had fathered the child. Frederick, the story goes, was completely impotent and thus flattered by the suggestion. And so, this version continues, partly out of pride and partly as a joking revenge for the desertion of his bodyguard Corporal Eschoff, the emperor took the boy under his wing and sent him to a school for the children of nobles, equipped with the names of two kings and a surname that meant "lord of the manor": Karl Friederich Herreschoff. What is certain is that Karl Friederich left his native Prussia for the United States around 1786. This voyage across the Atlantic marked the beginning of a metamorphosis: that of Karl Friederich Herreschoff, uncertain but cultured young immigrant, into Charles Frederick Herreshoff, promising young merchant. Charles struggled for a decade in his adopted country, first starting his own firm and going bankrupt; eventually, he went to work for a mercantile firm where wealthy and successful John Brown was a senior partner. The young manââ¬â¢s pleasant demeanor and charm, as well as his talent for good conversation and elegant music, are mentioned in more than one account. He had no good family name and no money other than what the firm paid him ââ¬â but he had personality, and he hoped that would be enough to catch the eye of Brownââ¬â¢s much-beloved younger daughter, Sarah. By 1798, Charles appears to have already made some kind of declaration to the young woman he affectionately called Sally.
Friday, October 11, 2019
Nike CSR Challenge Essay
1. Several cases of abusive treatments were reported in more than 1/4th of the South Asian factories. Another report states that about 25% ââ¬â 50% of plants restricted their employees from drinking water & accessing toilet during the working hours. Almost the same percentage of factories denied workers at least a day off of the seven days that they work. Nikeââ¬â¢s CSR Challenge highlighted the difficulties of bringing change to a company that isnââ¬â¢t centralized. In fact, the challenge was to alter the way business is done. Traditionally, leadership was seen as guidance to steer your employees towards the companyââ¬â¢s goal. Whatââ¬â¢s required is a more open kind of leadership that calls for cooperation among mutually dependent groups so as to deal with systematic issues. The hurdles are to modify the signals given out by its supply chain groups and its rivals so that the companies run in a continual and sustainable way, which is financially feasible. 4. Leadership Beyond Borders gives a substructure for defining global citizenship. It assists any of us to find the commonalities in between differences everywhere in our day to day life, be it home or work. Itââ¬â¢s a type of leadership that exceeds the borders of a personââ¬â¢s professionalism and limits to attract people on collective objectives. It is also called as ââ¬Å"transcending leadershipâ⬠because this kind of leadership transcends the need of a single leader and inspires others to lead. The best example for leadership beyond borders would be Mahatma Gandhi. 1. Several cases of abusive treatments were reported in more than 1/4th of the South Asian factories. Another report states that about 25% ââ¬â 50% of plants restricted their employees from drinking water & accessing toilet during the working hours. Almost the same percentage of factories denied workers at least a day off of the seven days that they work. Nikeââ¬â¢s CSR Challenge highlighted the difficulties of bringing change to a company that isnââ¬â¢t centralized. In fact, the challenge was to alter the way business is done. Traditionally, leadership was seen as guidance to steer your employees towards the companyââ¬â¢s goal. Whatââ¬â¢s required is a more open kind of leadership that calls for cooperation among mutually dependent groups so as to deal with systematic issues. The hurdles are to modify the signals given out by its supply chain groups and its rivals so that the companies run in a continual and sustainable way, which is financially feasible. 4. Leadership Beyond Borders gives a substructure for defining global citizenship. It assists any of us to find the commonalities in between differences everywhere in our day to day life, be it home or work. Itââ¬â¢s a type of leadership that exceeds the borders of a personââ¬â¢s professionalism and limits to attract people on collective objectives. It is also called as ââ¬Å"transcending leadershipâ⬠because this kind of leadership transcends the need of a single leader and inspires others to lead. The best example for leadership beyond borders would be Mahatma Gandhi. 1. Several cases of abusive treatments were reported in more than 1/4th of the South Asian factories. Another report states that about 25% ââ¬â 50% of plants restricted their employees from drinking water & accessing toilet during the working hours. Almost the same percentage of factories denied workers at least a day off of the seven days that they work. Nikeââ¬â¢s CSR Challenge highlighted the difficulties of bringing change to a company that isnââ¬â¢t centralized. In fact, the challenge was to alter the way business is done. Traditionally, leadership was seen as guidance to steer your employees towards the companyââ¬â¢s goal. Whatââ¬â¢s required is a more open kind of leadership that calls for cooperation among mutually dependent groups so as to deal with systematic issues. The hurdles are to modify the signals given out by its supply chain groups and its rivals so that the companies run in a continual and sustainable way, which is financially feasible. 4. Leadership Beyond Borders gives a substructure for defining global citizenship. It assists any of us to find the commonalities in between differences everywhere in our day to day life, be it home or work. Itââ¬â¢s a type of leadership that exceeds the borders of a personââ¬â¢s professionalism and limits to attract people on collective objectives. It is also called as ââ¬Å"transcending leadershipâ⬠because this kind of leadership transcends the need of a single leader and inspires others to lead. The best example for leadership beyond borders would be Mahatma Gandhi. 1. Several cases of abusive treatments were reported in more than 1/4th of the South Asian factories. Another report states that about 25% ââ¬â 50% of plants restricted their employees from drinking water & accessing toilet during the working hours. Almost the same percentage of factories denied workers at least a day off of the seven days that they work. Nikeââ¬â¢s CSR Challenge highlighted the difficulties of bringing change to a company that isnââ¬â¢t centralized. In fact, the challenge was to alter the way business is done. Traditionally, leadership was seen as guidance to steer your employees towards the companyââ¬â¢s goal. Whatââ¬â¢s required is a more open kind of leadership that calls for cooperation among mutually dependent groups so as to deal with systematic issues. The hurdles are to modify the signals given out by its supply chain groups and its rivals so that the companies run in a continual and sustainable way, which is financially feasible. 4. Leadership Beyond Borders gives a substructure for defining global citizenship. It assists any of us to find the commonalities in between differences everywhere in our day to day life, be it home or work. Itââ¬â¢s a type of leadership that exceeds the borders of a personââ¬â¢s professionalism and limits to attract people on collective objectives. It is also called as ââ¬Å"transcending leadershipâ⬠because this kind of leadership transcends the need of a single leader and inspires others to lead. The best example for leadership beyond borders would be Mahatma Gandhi.
Thursday, October 10, 2019
Qantas’ Stakeholders
1. 2. Qantasââ¬â¢ stakeholders Stakeholders are all groups and individuals who have an interest in the company being analysed. In order to focus on these groups which have the power to influence, corporate level activities have to be identified first. This can include large shareholders, governments and trade unions. The power and interest of those stakeholder groups have an impact on the process by which strategy develops at the corporate level and in each individual business. (Williamson et al, 2004, pg. 9) Qantasââ¬â¢ stakeholders are its shareholders, employees, customers, business partners and the community.Indirect stakeholders of Qantas would include academics, the media, governments and nongovernmental organisations. They all have a major influence on the business, its strategy and therefore its performance. According to the Institute of Chartered Accountants in England and Wales ââ¬Å"the objective of financial statements is to provide information about the reporting entityââ¬â¢s financial performance and financial position that is useful to a wide range of users for assessing the stewardship of the entityââ¬â¢s management and for making economic decisionsâ⬠. Institute of Chartered Accountants in England and Wales, 2002/2003, pg. 22) Furthermore, it says that this objective can usually be met by concentrating only on the information needs of present and potential investors which are the defining class of user. That is the reason why I will focus on present and potential stakeholders in the main part of this assignment. http://www. grin. com/en/e-book/79856/business-deconstructed-qantas-airways-limited shareholders, customers, suppliers, employees, government regulators and members of the community where Qantas operates http://www. antas. com. au/travel/airlines/governance-structure/global/en Table 1: Qantasââ¬â¢ Strategic Objective Analysis| Stakeholder| Salience| Stakeholder demands/needs that must be satisfied| Strategic objectiv e(s) to address stakeholders demand(s)/need(s)| Shareholders| Definitive| * Profit Growth * Business Sustainability | * Profit Growth * Transparent Business| Customers| Definitive| * Quality Service * Cost Reduction * Diverse Route Access| *Extended Partner Base * Optimal Fleet Network * Operational Efficiency| Suppliers| Dominant| * Provide Constant Business * Strong Partnership * Positive Image| * Strong Relationship| Employees| Dominant| * Appreciation * Security * Competence| * Operational Certainty * Provide Staff Benefits| Government| Dominant| | | Community Groups| Dominant| | |
Law of nature Essay
There are several books that deal with philosophical questions of liberty, social restrictions, pursuit of property and freedom versus enslavement. I have selected six related to these themes to be reviewed and closely analyzed to understand those themes better. The second treatise of Government by John Locke has been ever since its first publication in 1689 an influential source of political and social interpretation. The USA constitution is based on the principles and themes John Locke deals with in this master piece of philosophical reasoning. His main argument in the book is that the sovereignty is in the hands of the people and that the government is in their service. Locke underscored the importance of being aware as people of our natural and fundamental rights but that we have had to relinquish certain aspects of this human freedom to be able to coexist peacefully within a society regulated by laws established to maintain the order. People are thus originally endowed with certain inalienable rights in a state of nature where freedom exists in absence of laws or rules to abide to. This law of nature does thus not require people to obey each other but instead people are free to be themselves. The state of nature is defined by Locke himself as: ââ¬Å"To properly understand political power and trace its origins, we must consider the state that all people are in naturally. That is a state of perfect freedom of acting and disposing of their own possessions and persons as they think fit within the bounds of the law of nature. People in this state do not have to ask permission to act or depend on the will of others to arrange matters on their behalf. The natural state is also one of equality in which all power and jurisdiction is reciprocal and no one has more than another. â⬠Locke deals thus with the topic of civil society in this book and how we can politically coexist together as people. To understand the true and best form of a civil society we need to comprehend the fundamental right we are born with as humans which is simply freedom in its complete sense. Taking this into consideration we have also to acknowledge the full meanings this brings along with it for everybody despite color, ethnicity, religion or race. Since all people are born with this right then it follows that all people are equal and deserve to live in a system that secures this equality and freedom of pursuit of oneââ¬â¢s dreams. Lockeââ¬â¢s second main argument is how governments should only rule with the consent of the people and that any government that does not becomes as a result illegitimate and deserves to be overthrown by the people through their right to revolution. He also deals with the themes of conquest and slavery, property and representative government. Property for instance lead to the creation of the civil society as men sought to protect his property through the law. People exchanged some of their natural rights in order to achieve this form of civil society where they could coexist peacefully with other people in a safe and secure atmosphere. The representative government on the other hand is only legitimate if it is acknowledged by the people and serves the needs of the people. It is this way that Locke established the rule that governments should be there for the service of the people rather than vice versa. Lockeââ¬â¢s ideas about slavery on the other hand are that it is essentially a form of involuntary servitude and the only way slavery could be justified as a system that goes against the order of the natural state is through the absence of the state of nature and the presence of the opposite which is the state of war during which exceptions were allowed. The discussion of slavery leads us to another major work concerned with the subject: The Life of Olaudah Equiano which is an autobiographical work that was first published in the 18th century and recounts the story of slavery and its horrors. The story of his enslavement, acquired freedom and pursuit of work as a seaman and merchant is a very fascinating tale of forward movement and determination at achieving success, despite the hardships encountered along the way, in order to earn the natural right of freedom back. Olaudah, like Locke, was a fighter for a cause. Lockeââ¬â¢s book helped revolutionize the ideas about government and shaped the USA constitution the way we know it now. His defense of the rights of the human continues to influence the discourse on democracy, human rights and politics. Olaudahââ¬â¢s journey and struggle for freedom has also left tremendous impact in the literature of slavery and he also helped in the process of abolishing slavery later on. Those two prominent men had a social vision of what a society was supposed to be like and fought to achieve it. The book starts with the recount of Olaudahââ¬â¢s personal life before enslavement when he used to live in an African region called Assaka. He was kidnapped and forced into slavery(something that enforces Lockeââ¬â¢s opinion about the forced status of slavery as an institution) at the age of ten and transported to the New World or to be more specific the plantations of Virginia. He was purchased by a lieutenant in the Navy called Michael Pascal who named him Gustavus Vassa, a name he also came to be known by. His life as a slave was a continues struggle and suffering. He could not tolerate the idea of deprivation of his right of freedom and chose to rebel through denying the new name his owner gave him which lead to his punishment as if he was a mere dog whose job was to obey without reluctance. Being deprived of his freedom reduces the human being into an animal. The life of the slave was really hard according to the journals of Olaudah. He was later sold in the Caribbean and acquired by a Philadelphian Quaker who taught him how to read and write better and educated him in the Christian faith. He allowed him to trade to earn the money required to buy his freedom as young man in his twenties and traveled to England where he fought for the cause of slavery abolition. Olaudah observed in his book how slaves were treated as inhuman subjects with no feelings. It was almost as if the masters considered them to be a different specie or an alien creature. Our third book or novel is concerned with a creature that displays those characteristic: Frankenstein. Frankenstein by the author Mary Shelley refers to the scientists within the book Victor Frankenstein who knows how to create life and decides to create a creature that is like man but with more powerful characteristics. The novel is made up of the correspondence between the Captain Robert Walton and his sister. Walton happens to know about Frankensteinââ¬â¢s creature and recounts the story to his sister in his letters. The story starts with Walton traveling to the North Pole where he will be trapped by a sea of massive ice rocks. This is how Walton meets Victor Frankenstein and this is also how he comes to know about the monster Victor had created. Victor is himself terrified by what he has created and runs away thereby allowing the monster to be released. The troubled scientist feels sick with guilt and his depressed state only worsens when he hears about the murder of his brother. It appears that the monster was who murdered his brother and this was explained by the monster himself as an attempt at taking revenge of Victor who had treated him with horror and disgust. He begs Victor for a companion since he cannot stand the loneliness. Victor does decide to oblige but later on regrets it and destroys his second creation to which the monster vows revenge that he soon fulfills through killing one of his friends. The monster manages to also kill his bride and Victor decides to follow the monster which led him to meet Walton and dies a few days later on. Walton concludes his letters by recounting how surprised he was to find the monster weeping on his body in agony and loneliness. It turns out that the monster had feelings like any other human being and could be good or evil like any other normal person. But Victorââ¬â¢s fear and prejudice blinded him from seeing that. The same thing happened with the white owners of slaves in the era of Olaudah. They stopped seeing the slaves as human beings and regarded them as mere properties to be feared and doubted if they acted differently the way Olaudah did through educating himself. The fear of the unknown is a characteristic of the human psyche but what is also a common aspect between the white and black man and the monster of Frankenstein is the need of freedom. Our fourth book is the Communist manifesto by Karl Marx and Friedrich Engels. The first publication of the book took place in 1848. Just like John Lockeââ¬â¢s The Second Treatise of Government the Communist Manifesto is a very influential political manuscript. The main theme of the book is the class struggle and the weaknesses of the capitalist system. The Communist Manifesto is what the communist party strengthened the ideology of the Communist party. The Manifestoââ¬â¢s main aim was to make communism more understood by a larger number of people since the party was feared and doubted by many. Karl Marx continues then to mark the differences between the bourgeois and proletariat class since his main focus will be throughout the paper on how the proletariat has been victimized by the capitalist system and bourgeois class. He states in the first section that: ââ¬Å"The history of all hitherto existing society is the history of class struggles. Freeman and slave, patrician and plebeian, lord and serf, guild-master and journeyman, in a word, oppressor and oppressed, stood in constant opposition to one another, carried on an uninterrupted, now hidden, now open fight, a fight that each time ended, either in a revolutionary re-constitution of society at large, or in the common ruin of the contending classes. â⬠Marx arguments of class struggle resemble those of Locke to a certain extent. He also echoed the claim that the human need for property is what leads to the creation of civil society as we know it today. Marx acknowledges this human need for the acquisition of property but seeks to regulate it more through establishing laws that do not allow for a minority of rich people to subject and benefit from a larger group that is the real driving force of any society: the proletariat class. The proletarians will, according to Marx, rise to power through class struggle. The bourgeois continues exploiting the proletarians but the latter will use their right to revolution (Locke again) to throw this form of social establishment and create a new reality more fit for the general and larger public. This vision was eventually realized by the Bolsheviks in the former Soviet Union. Our human need for freedom equality and development is according to Locke, Olaudah, Marx and Shelly a fundamental aspect of our psychological nature. This leads us to the fifth book to focus on: On the Origin of Species by Charles Darwin who explains in this work how humans have developed from their natural state to their current one and how they have been able to survive. The natural state described by Darwin in his book is different from that of Locke in that he focuses on how we developed physically as people from the shape of monkeys to that of humans. It is needless to say that his book has caused the necessary controversy in the religious circles. Darwin presents a very interesting evolutionary idea in this particular book to explain the process of human evolution: the survival of the fittest. The idea of the transmutation of the species was however not welcomed by the Church establishment of that time and is still not looked at with favor by several even nowadays and despite the many scientific data that has been supplied to enhance his theory. Natural selection or to use the other phrase, the survival of the fittest, has been described by Mr. Herbert Spencer as: ââ¬Å"Owing to this struggle for life, any variation, however slight and from whatever cause proceeding, if it be in any degree profitable to an individual of any species, in its infinitely complex relations to other organic beings and to external nature, will tend to the preservation of that individual, and will generally be inherited by its offspring. â⬠Charles Darwinââ¬â¢s book has also helped in reshaping the human thought regarding its origin and nature and developed the notion of the necessity of strength and relentlessness to succeed and earn the right to exist since only the fittest survive. Our last book is also closely related to the themes we have seen so far in relation to human rights and natural states and the preservation of an efficient civil society. Civilization and its discontents was first published in 1929 and became one of Sigmund Freudââ¬â¢s most renowned works. Freudââ¬â¢s main theme in this book is the state of conflict between the individual and his society. Just like with Lockeââ¬â¢s book we come to wonder how much the relinquishment of our fundamental right of total freedom affects our psyche and therefore our performance within the civil society we created. The primary source of conflict, according to Freud, is the individualââ¬â¢s desire of freedom and the clash that creates with societyââ¬â¢s expectation of the individual to conform to the general rules. The majority kills with this the individuality and our natural states are denied for the sake of preserving the general picture agreed upon by the majority of the citizens. Humans have certain desires and characteristics that are hard to control. The desire for sex is the most prominent one which has lead to the creation of many laws to regulate sex conduct in public and punish the acts of rape and sexual aggression. The natural instincts come to be subjected to laws and regulations to allow for the peaceful existence within a society. The six books that we have seen so far all deal with several issues related to humanityââ¬â¢s primal needs that can clash at times with societyââ¬â¢s expectations of the individual. Our quest for freedom and property creates conflict all along but we never are able to let go of one of the two. Humans have always wanted the two together and the need for more property led to the enslavement of millions to satisfy the need for cheap labor thereby violating the natural human state of being free by birth. But humans are creatures who seek pleasure and understanding and bonding with the other. That is also another reason why we co-exist within a society and try to abide to the rules to sustain the civil form. Works Cited Darwin, Charles (2002). The Origin of Species. W. W Norton & Company. Equiano, Olaudah (1999). The life of Olaudah Equiano. Dover Publications. Freud, Sigmund (1989). Civilization and its discontents. W. W Norton & Company. Locke, John (2002). The Second Treatise of Government. Dover Publications. Marx, Karl (1998). The Communist Manifesto. USA: Oxford University Press. Shelley, Mary (2004). Frankenstein. Pocket.
Wednesday, October 9, 2019
Religion - Lumen Gentium Essay Example | Topics and Well Written Essays - 1000 words
Religion - Lumen Gentium - Essay Example Only the religion or churches can help us with convincing answers when science fails. Science always makes judgements based on observable or measurable evidences. Unlike religion or churches, science will never accept any principles which are based on beliefs. Many of the traditional church beliefs were questioned by science. In order to counter the attacks from science, contemporary churches made certain changes in their beliefs. I would like to analyse the future of churches, strengths and weaknesses of churches now, the role of churches in developing peace, compassion, hospitality, justice, etc on the basis of first two chapters of lumen gentium solemnly promulgated by Pope PAUL VI on November 21, 1964 ââ¬Å"The Church, in Christ, is in the nature of sacrament--a sign and instrument, that is, of communion with God and of unity among all peopleâ⬠(DOGMATIC CONSTITUTION ON THE CHURCH LUMEN GENTIUM - PROMULGATED BY HIS HOLINESS POPE PAUL VI ON NOVEMBER 21, 1964). We are living in an era of globalization at present. Globalization principles ask us to work for the progress of entire population in the world rather than the growth of a particular community or group of people. The first chapter of lumen gentium stressed the importance of unity of people much before the introduction of globalization. Church urged its believers to unite in the name of God. A common platform is required for people to work together for a common aim. All the people like to attain salvation and only the religion or churches talk about the ways of attaining salvation. Neither politics, nor philosophy succeeded in bringing people together under one umbrella. Under such circumstances, I strongly believe that churches may succeed in future in bringing people together in the Holy Communion with God. ââ¬Å"All men are called to the union with Christ, who is the light of the world, from whom we go forth, through whom we live, and towards whom our whole life is directedâ⬠(DOGMATIC CO NSTITUTION ON THE CHURCH LUMEN GENTIUM - PROMULGATED BY HIS HOLINESS POPE PAUL VI ON NOVEMBER 21, 1964). Current churches have lot of strengths and weaknesses. In fact churches are the only entity which gives the believers some hope about another life after death. Science failed miserably in unveiling the mysteries surrounding our spirit or soul. Science educates us that souls or spirit is the driving force of our body. However, it failed to explain what will happen to the soul after death. Only the churches have the answer to that question which is the major strength of the current churches over science. On the other hand, there are different churches and different beliefs in this world even though all of them accept Jesus Christ as their savior. ââ¬Å"The head of the body of church is Christ. He is the image of the invisible God and in him all things came into being. He is before all creatures and in him all things hold togetherâ⬠(DOGMATIC CONSTITUTION ON THE CHURCH LUMEN G ENTIUM - PROMULGATED BY HIS HOLINESS POPE PAUL VI ON NOVEMBER 21, 1964). When Jesus remains as the head of all the churches, it is illogical for churches to spread different beliefs in the name of Jesus. Jesus taught us the ways of attaining salvation; but the current churches are trying to misinterpret it in different ways. For example, Pentecost churches urge its believers to take one more baptism for attaining salvation whereas other catholic and protestant churches do not advice baptism other than child baptism for getting salvation. This discrepancy in teachings if often creates problems for the contemporary churches. In short, wrong interpretation of the Jesusââ¬â¢ teachings is the major drawbacks of current churches. Current churches
Tuesday, October 8, 2019
Vidsoft Case Analysis Essay Example | Topics and Well Written Essays - 2000 words
Vidsoft Case Analysis - Essay Example The company, to avoid this sort of situation in the future, could install more team-based leadership tasks. Li is a people person and motivator in the case, but Hsu is very positional and by-the-book. Babatunde needs to understand that in dealing with Li, gender stereotypes are not viable explanations for understanding the impact of personal factors on choices about conflict resolution strategies. In the co-orientation model, the degree to which two employees hold similar views about a topic is known as agreement. The latent conflict phase is marked by the impact the conflict has on the ongoing work relationship of the parties involved. Things are changing in the internet age as well in terms of communication. The conflict management style marked by high concern for self and high concern for others is collaboration. A mediator is a third-party conflict role specializing in the exercise of control over the negotiation process and its outcomes (Babatundeââ¬â¢s role). Network analysis is one way that conflict resolution researchers study conflict generation and resolution. During the manifest conflict stage, conflict strategies are enacted in communicative interaction. Babatunde needs to present strong leadership skills and a sense of direction in order to optimize employee performance. Too often, different departments of organizations tend to dissolve along lines of ineffective communication in group meetings in which the manager becomes less of a leader and more of a scapegoat or outmoded mouthpiece of the status quo, and in situations such as these, political infighting and departmental disagreement over issues of funding and allocation make take priority over what should be the clear mission and shared vision of all involved; that is, determining what is best for the customer in terms of loyalty and buying behavior,
Monday, October 7, 2019
Law Essay Example | Topics and Well Written Essays - 1500 words - 1
Law - Essay Example 68). There are some cases where a party includes an exclusion clause that states that they are exempted from all liability if things do not go as expected, which is under scrutiny because many people have argued that it only works to protect one party (Bradgate and White, 2007, p. 64). There have also been arguments relating to cases where an exclusion clause should be deemed unfair as per UCTA-Unfair Contract Terms Act 1977. The court of appeal in April 15 2008 overruled a high court decision in the case of Regus Ltd v Epcot Solutions Ltd that had suppliers raise their concerns due to an exclusion clause. In this case, the court of appeal came up with factors that should be put into consideration while deciding whether an exclusion clause is valid or not (Hayward, 2011, p. 43). The case facts were that a supplier company Regus relied on an exclusion clause that stated that Regus would be exempted from liabilities that would occur under any circumstances. In addition, another clause limited Regusââ¬â¢ liability to ?50,000 for any other types of damages. Epcot were Regusââ¬â¢ customers and they complained about air conditioning in their offices. Regus did not act and, therefore, Epcot stopped paying for the charges of their services as per the contract. Thus, Regus sued Epcot for the amount that was due, while Epcot on their part argued that when Regus failed to provide air conditioning, it resulted to a breach of contract. They counterclaimed for damages that had resulted from Regus actions for causing low profits, low opportunities for their business, inconvenience and distress because of not having air conditioning. In order for Regus to win, the case held the responsibility of proving that their exclusion clause was enforceable and fair as per Unfair Contract Terms act 1977. The high court judges ruled that even though it may seem theoretically reasonable for Regus to exempt themselves from liability for profit loss, the clause in this case was too wid e to be enforceable. The clause did not leave Epcot with any remedy for the service of air conditioning and was, therefore, invalid and unenforceable. Regus appealed arguing that the high court judges were wrong in saying that the exemption clause was unreasonable as per unfair contract terms act of 1977. The court of appeal decided in favour of the defendants, thereby reversing the high courtââ¬â¢s decision (Andrews, 2011, p. 76). The UCTA plays the role of protecting parties that are contracting from contractual provisions that are onerous like limitation and exclusion clauses. UCTA states limits to which liability for breach of contract and other types of breach of duty can be avoided through an exemption clause. When an exclusion clause fails to meet the restrictions that are stated in UCTA, it is held to be invalid and, therefore, unenforceable. Such a clause is held to be unreasonable and unfair to the other contracting party. Section 3 of UCTA is, in particular, vital whil e dealing with business contracts especially where a supplier is involved (Gillies, 2004, p. 93). This section states that a clause that is deemed to exclude liability of a supplier for breaching a contract can only be enforceable if it passes the test of reasonability. Reasonable test is described in section 11 (1) of UCTA as circumstances that are reasonable and that are known or are to be known by the contracting parties. UCTA schedule 2 has a list of factors that are to be used in assessing reasonability, which are normally
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