Business Law Essay

Peter approached you for advice on his purchase of a camera. He recently took up photography as a hobby and started to look for cameras. Based on his friends’ suggestion, he went to the IT show last weekend and bought a camera after bargaining with the sales personnel. Peter selected the camera model XYZ from a list of brochures which were distributed at the entrance of the IT show. The price indicated on the brochure was $1,500.00 with goodies bag worth $350.00 with the words in bold â€Å"WHILE STOCKS LAST†. When Peter approached the sales person, he was informed that the first batch of cameras at the price of $1,500.00 was sold out in the morning. The sales person suggested that Peter purchase the camera from the next batch but at a higher price of $1,600.00. Peter asked for the best price for the camera and the sales person replied, â€Å"Best price is $1,550.00 and don’t refer to the brochure any more. This is a different batch.† Peter responded that he would buy the camera immediately if the price could be reduced to $1,500 which was indicated in the brochure. Peter also mentioned to the sales person that he was picking up photography as a hobby and the camera with its wide range of manual settings was ideal for his photography workshop. As the crowd starting to gather at the stall, the sales person left Peter to attend to other customers. Feeling that the whole episode was a set-up, Peter went to other stalls to check the price of the camera model XYZ. He was surprised to find out that there was indeed a shortage of supply. Peter quickly rushed back to the first stall and approached the sales person. The sales person remembered Peter and told him that he only had one camera model XYZ left and it was on a ‘reserve list’ for another customer. Peter felt desperate and as he did not want to go back empty-handed, he offered to pay $1,600.00 for the camera. The sales person said that the price has gone up to $1,700.00 and there are others who are keen to pay this price. Peter felt that it was important to get the camera without further hesitation and he finally bought the camera at $1,700.00. Peter encountered the following issues when he started using the camera: a) The manual settings function was limited when he compared to the function indicated in the brochure. b) Peter’s friend is using the same camera model XYZ and when Peter compared the two cameras, Peter’s camera was indeed of lower quality than that of his friend’s camera. The brochure states that the camera â€Å"is of good quality as guaranteed by the manufacturer†. Peter does not have any documents from the sales person listing down the functions. Advise Peter on his purchase of the camera, his issues with the camera and his recourse against the stall. (60 marks) Performance Guide for students: Marks will be awarded for: (i) Content : a. Clear usage, statement and explanation of relevant legal principles b. Original, clear, logical and convincing discussion on application of the laws to the facts c. Statement of Conclusion d. Appropriate referencing (in text and list of references) (ii) Number and quality of references: At least 5 (iii) Organization of answer and writing style (including spelling, grammar, syntax etc). Please make sure you use â€Å"Grammar and Spell check† functions to check your submissions. INSTRUCTIONS for Continuous Assessment 1 : Individual Assignment †¢ †¢ †¢ †¢ †¢ Deadlines and Guidelines are provided on the course Blackboard site This is an Individual Assignment marked upon 60 marks. Weightage for this assignment: 30% of total marks for this module Assignment should be type written using 12 pt ARIAL font and 1.5 line spacing. Word limit is 1200 words (excluding words in references) and must be printed at the end of assignment. † † CA Submission †¢ †¢ †¢ CAs must be submitted online via student portal. Deadlines, instructions and detailed guidelines are provided on the course Blackboard page. Please read instructions and guidelines provided on student portal, Blackboard and in this document carefully. Ignorance of specific directions mentioned in these documents will not be considered as a valid reason which will lead to marks deductions and may lead to failure in the CA component of this course.

Free Essays on Amendments To The Constitution

Kathleen Sullivan writes about the recent increase in proposed amendments to the United States’ Constitution and how this could possibly be detrimental to our government in the future. She begins by mentioning how little the constitution has been amended in its history (only 27 times). This, she writes, is due to the level of difficulty that is attributed to this process. Using a system of checks and balances, there are only two ways to ratify an amendment. Either both houses of Congress must agree by a vote of two-thirds or two-thirds of the states may request a constitutional convention. Even after these processes are achieved, three fourths of the states must vote to ratify before the amendment is passed. According to Sullivan, it is this process that has preserved our Constitution’s â€Å"purity† and our government’s time tested way of enacting and maintaining laws. Obviously believing that frequent ratification of new amendments is a threat to o ur system, she gives us five reasons why our Constitution works as it exists today. The first reason Sullivan gives for the Constitution’s continuing success is its stability. By this she means that we can rely on it being unchanging because it has been for over 200 years. Laws may change according to era and popularity but the basic principles set forth by our forefathers are still in tact. Secondly, she mentions the rule of law. Basically, the Constitution was set forth to be a base on which to build a government. It was not meant to be specific. That task was to be left to individual state constitutions. Sullivan also writes that the Constitution was written as a whole document. How things worked together was important. Adding amendments in a â€Å"piecemeal† fashion undermines the basic principles set forth. One example given is the amendment proposed to ban flag desecration. By banning protest (flag burning) it is inhibiting freedom of speech. The fourth an... Free Essays on Amendments To The Constitution Free Essays on Amendments To The Constitution Kathleen Sullivan writes about the recent increase in proposed amendments to the United States’ Constitution and how this could possibly be detrimental to our government in the future. She begins by mentioning how little the constitution has been amended in its history (only 27 times). This, she writes, is due to the level of difficulty that is attributed to this process. Using a system of checks and balances, there are only two ways to ratify an amendment. Either both houses of Congress must agree by a vote of two-thirds or two-thirds of the states may request a constitutional convention. Even after these processes are achieved, three fourths of the states must vote to ratify before the amendment is passed. According to Sullivan, it is this process that has preserved our Constitution’s â€Å"purity† and our government’s time tested way of enacting and maintaining laws. Obviously believing that frequent ratification of new amendments is a threat to o ur system, she gives us five reasons why our Constitution works as it exists today. The first reason Sullivan gives for the Constitution’s continuing success is its stability. By this she means that we can rely on it being unchanging because it has been for over 200 years. Laws may change according to era and popularity but the basic principles set forth by our forefathers are still in tact. Secondly, she mentions the rule of law. Basically, the Constitution was set forth to be a base on which to build a government. It was not meant to be specific. That task was to be left to individual state constitutions. Sullivan also writes that the Constitution was written as a whole document. How things worked together was important. Adding amendments in a â€Å"piecemeal† fashion undermines the basic principles set forth. One example given is the amendment proposed to ban flag desecration. By banning protest (flag burning) it is inhibiting freedom of speech. The fourth an...

Essay on Financial Condition Analysis

Essay on Financial Condition Analysis Essay on Financial Condition Analysis Essay on Financial Condition AnalysisWhat is the (EVA) economic value added model?   How is it used, why is it important?  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The economic value added model is used to measure the company’s real economic profit. The model is based on the measurement of the residual wealth calculated by deducting cost of capital from its operating profit (Gapenski Pink, 2012). The economic value added model is used to determine the real, true profit of companies and helps to determine whether the declared profits of the company match real ones because, in actuality, companies may use different schemes to hide their real profits and present investors their high profits which do not always coincide with their real profits. The use of the economic value added model is important because it helps to determine what the actual position of the company is and what its profitability is.What are (KPIs) key performance indicators? How are they used and why are the y important to monitor the financial position of a healthcare organization?  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Key performance indicators vary depending on the company and industry, where the company operates. As a rule, key performance indicators are measures that help to determine whether the company matches its strategic and operational goals or not. Therefore, key performance indicators are the major indicators that show the marketing performance of the company and help to determine the extent, to which they match strategic and operating goals of the company (Gapenski Pink, 2012). For example, the market share or total revenues of the company are important indicators for the company that focuses on the market expansion. These performance indicators should give the clear vision of the current position of the company, which may be compared to the desired one, i.e. the position of the company, according to its strategic and operating objectives.Why is financial forecastin g important? What is taken into account in a forecasting analysis?  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Financial forecasting helps the company to determine which financial resources it will need and will have at its disposal within the definite timeline (Gapenski Pink, 2012). For example, the company needs to forecast its revenues to be able to fund new projects. The accurate financial forecast helps the company to determine whether it will be able to earn sufficient funds to complete the project successfully or not. In case of the inaccurate financial forecast the company may lack financial resources to fund the project. However, external and internal factors affect the financial forecasting and companies should take into consideration possible changes in the market, in customer behavior, and internal business operations to make financial forecasts.What drives changes or deviations in the operating revenue forecast?  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The change in the customer behavior, supply or competition can drive changes and deviations in the operating revenue forecast (Pine Gilmore, 2009). For example, the introduction of an innovative product or service by a rival will change the operating revenue forecast of a company. Similarly a scandal that discourages customers from buying products or services from a company will lead to changes in its operating revenue forecast.When forecasting revenue, whats the difference in forecasting from the top verses the bottom?  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Forecasting from the top differs from forecasting from the bottom. Forecasting from the top implies the ultimate financial results after taxes (Pine Gilmore, 2009). Forecasting from the bottom implies forecasting based on the brute financial performance of the company.

International Relations Essay Example | Topics and Well Written Essays - 500 words - 2

International Relations - Essay Example Bush found a just and highly moral cause for his war – protecting the nation against Muslim aggressors via disarming the enemy and bringing democracy and freedom into a dictatorial regime state. However, consider the pure definition of a just war. Brahimi does provide the features of a ‘just’ war. However, as for me, the who concept of the ‘just’ war makes no sense. The reason is the fact that no matter what war it is, whether a nuclear, or a bacterial, or a financial, or whatever kind or war, war is never a just thing because while politicians and the elite argue around a piece of land with diamonds, for instance, the innocent die. On the other hand, according to Brahimi Concept of just war – war can’t be just. Both Bush and bin Laden see their wars as just – both are justifying violence. Similarly, a concept of preventive war does not make much sense either. Preventing against war? What people are doing these days, I think, is j ustifying their desires. I want to own that lake of oil, let’s say†¦ Well, my nation, let’s kill our neighbors – their oil is what belongs to us. Nowadays, however, the war slogans and propaganda sound more sophisticated – the willing parties make people believe in the need for their actions.

Law in a changing society Essay Example | Topics and Well Written Essays - 500 words

Law in a changing society - Essay Example This can be put forward as an ideal solution to solve legal issues. Parties involved in the process, therefore, take it upon themselves to conduct a thorough and conclusive investigation on which they will base their argument during the trial process. Whereas, this has always been an ideal solution there are factors that should be considered. The assumption made by the legal system that all parties involved in a case have equal resources to carry out investigation may not always be correct (Parkinson 2009, p.46). The system is, therefore, likely to lock out necessary evidence on account of insufficient resources to provide this evidence. The system further fails to recognize parties that may be disadvantaged by factors such as disability and race. The law governing residential tenancies in Australia does not include boarders and lodgers. This means that when faced with a legal challenge, they can only seek justice in the Supreme Court. At the Supreme Court, they will have to argue their case through the traditional adversarial process. The cost of filing a case currently is $894. This considered, the process becomes too expensive for a person who wanted to seek justice. Over the last 30 years, the Australian legal system has sought to adopt some of the aspects of the inquisitorial system. In the section of anti-discrimination law, the Australian law now provides that there should be an investigation by an independent body. This can be done before the disputing parties get brought together to solve their disputes (Parkinson 2009, p.48). The law can be seen to have adopted some of the aspects of the inquisitorial law in the western countries. At the state and territory level, the law provides that the decision making body for allegations of discrimination should be a tribunal. The tribunal looks for evidence that is relevant to the case. The tribunal manages to go beyond the evidence

What are the basic task dimensions of work systems such as jobs Essay

What are the basic task dimensions of work systems such as jobs - Essay Example These dimensions are a collaborative work of Timothy Butler, Director of Career Development Programs at Harvard Business School, and James Waldroop of Peregrine Partners. According to them these dimensions are: The research is based on the fact that where there is discretionary task completion, there is less participatory work of designing job elements as the task is determined by his / her subjective standards (Yuen, Hopp, & Iravani). SPIEGELAERE, S. D. (2012). Job Design and Innovative Work Behavior: One Size Does Not Fit All Types of Employees.  Job Design and Innovative Work Behavior: One Size Does Not Fit All Types of Employees,  8(4). Retrieved from http://www.academia.edu/2411133/Job_Design_and_Innovative_Work_Behavior_One_Size_Does_Not_Fit_All_Types_of_Employees Yuen, G., Hopp, W. J., & Iravani, S. M. (n.d.). Operation Systems with Discretionary Task Completion.  Department of Industrial Engineering and Management Sciences Northwestern University, Evanston, IL. Retrieved  March  11, 2013, from

Road to Independence Revolution Essay Example for Free

Road to Independence Revolution Essay â€Å"War is when the government tells you who the bad guy is. Revolution is when you decide for yourself.†(Unknown) In the case of the American Revolution, the colonists decided for themselves and truly believed in the cause. The Colonists knew that â€Å"change† had to take place because of the unfair treatment they experienced. The American Revolution was a time where Colonists fought for what they believed in, independence, and when they broke away from England. Boycotts, holding Congresses, and forming patriotic groups were the three most effective actions Colonists took, that led to the American Revolution. The boycotts were an effective action the Colonists took, leading up to the Revolution. During the boycotts, Colonists refused to buy British and European goods in order to protest against the British acts. Aware of the growing opposition, Parliament repealed all the Townshend Acts, except the one on tea. As a result, Colonists ended their boycotts, and started to trade with British merchants again. Few years later, the Continental Congress decided to boycott all British goods and trade. No British product could be brought into or consumed in the colonies, and no colonial goods could be shipped to Britain. To protest the Stamp Act, thousands of Americans refused to buy British and European goods. They also signed nonimportation agreements in which they pledged not to buy or use goods imported from Britain. As a result of boycotts, the Parliament canceled the remaining acts. In addition to the boycotts, Colonists also formed Congresses. Debating Proposals at the Continental Congresses led to the American Revolution. The colonial leaders need to unify the colonies against the British policies, led to the formation of congresses. The first congress was the Stamp Act Congress, assembled in October 1765. The Stamp Act placed tax on almost all printed materials in the colonies everything from newspapers and pamphlets to wills and playing cards. All printed materials had to have a stamp, which was applied by British officials. In October representatives from nine colonies met in New York at the Stamp Act Congress. They sent a petition to the king declaring that only colonial institutes shoul d be allowed to apply taxes. In March 1766, Parliament gave in to the colonists’ demands and repealed the Stamp Act. In September 1774, 55 men sent as delegates from all colonies except Georgia, to the city of Philadelphia for the First Continental Congress. These men had come to establish a political body to represent American interests and challenge British control. In this Congress, the delegates called to repeal 13 acts stating they violate the colonists rights. In addition, they voted to boycott all British goods and trade. One major decision was to endorse the Suffolk Resolves, which called the people of Suffolk Country, Massachusetts to fight against the redcoats. These armed groups were called militias. On May 10 1775, the Second Continental Congress assembled. That was the first Congress in which independence was discussed. It authorized the printing of money, and set up a post office. It also established committees to communicate with Native Americans and with other countries. Most important, the Congress created the Continental Army to fight against Britain in a more organized way than t he colonial militias did. The Congress chose George Washington to be the Army’s commander. The Second Continental Congress began to govern the colonies. King George III refused to receive the Olive Branch Petition a formal request; it assured the king of the colonists desire for peace. In addition to Congresses, colonists also formed patriotic groups to fight against Britain. Forming patriotic groups was an effective action that led to the American Revolution. Patriots formed two groups to fight against the redcoats, the Committees of Correspondence and the Sons of Liberty. The Son of Liberty was formed to protest the Stamp Act. In 1772, Samuel Adams formed the Committees of Correspondence to form communication between colonies of bad acts by British troops. The Committees of Correspondence spread throughout the colonies, bringing together protesters from all over the colonies. It also circulated writings about British injustice. Colonial leaders used news of the killing in the Boson Massacre as propaganda information designed to influence opinion -against British. As time went by, the group grew much larger than the nine people it started out with. The forming of patriotic groups helped to fight against the redcoats. These patriotic groups, like the Liberty, made Britain colonial officials nervous. Forming these patriotic groups was a major step in gaining Independence. Boycotts, holding Congresses, and forming patriotic groups were the three most effective actions Colonists took leading up to the American Revolution. The Boycotts were an effective action the Colonists took, leading up to the Revolution. Debating Proposals at the Continental Congresses led to the American Revolution. Forming patriotic groups was an effective action that led to the American Revolution. A spirit of Independence became obvious early in the history of the American people. Far from the established rules and limitations they had faced in their home countries, the new settlers began to make their own laws and develop their own ways of doing things.