Personal Developmental Plan Example

Essays on Personal Developmental Plan Personal Statement Personal Developmental Plan As we grow in life, there is a need for self grooming and capa building. Everything in life needs to be dealt with through varying particular ways. A pet animal cannot be treated similarly to an infant, or a formal meeting cannot be called in the same way as throwing a party. The ways of carrying yourself in life can also be achieved through a plan or strategy, known as Personal Developmental Plan. Personal Developmental Plan can be defined as bringing attention or focus on polishing skills, attitude, abilities, competencies and know-how for individual personal aims. Nevertheless, people view this concept differently with their own perspectives emerging from the factors influencing their lives. It can be either applicable to business, education or social grooming, like relations with family and friends. There are various goals in life which can be achieved through constructing Personal Developmental Plan. These goals could be improving self-awareness, improving employability, financial development, defining one’s lifestyle, building strategies, love, parenting, family planning, communication skills, anger/emotions management, studying, travelling, meditation and many others. There must be questions in one’s mind about the need for Personal Developmental Plan. There are two types of that need: the first is the change in your life and the second is when you are not content with what you have so far. Sometimes people don’t really know what they want from life. For that one needs to open up his mind and think beyond his narrowness with a flexible approach and devise not one but at least three concrete plans about life. My Personal Developmental Plan is constructing a framework for my career path in life. For that, first of all, I am going to see my options if I have got any at all. This is called Observation. Secondly, I will look for opportunities within my options. It is Analysis. Thirdly, I will choose that option which will lead me to the best opportunity. That’s called Decision Making. Fourthly, I am going to start practical work to give an operational shape to my option. Finally, when the option takes me to the best opportunity, I will utilize it and make it a part of my life. This is called Action. Through this my desired goal will be achieved. But the aforementioned plan seems like a rough framework. For more effective strategy, a comprehensive approach is required. Here I need to identify and draw a future vision regarding my career plan. I need to answer questions like: where do I stand right now? How much control have I got over the factors influencing by vision? Where do I want to go? How much should I rely on hard work and destiny? What am I going to do once I reach my destination? I have to have a long term strategy along with short and mid-terms. I will start off with answering the above questions one by one. A vision is defined as an ideal situation that our minds present. My current scenario is: I am a 22 years old masters graduate in social sciences with an average result. I am doing an internship right now at a research firm. I personally feel like I haven’t achieved anything noteworthy in life until now, and for achieving a milestone I will have to do something extraordinary. I should get a better degree in the field of my strength. For that I wish to apply to a university abroad. That degree will serve me better in my own country. I will have an edge over the people I work with. My ideal future vision is knowledge, wealth, fame and stable marital life. I will formulate three different scenarios to my desired goal. My catalyst here is career path. My career lies central to other aspects of my life. This means that my career path if turned out to be functional and in my favor, will give me the opportunity to achieve my ideal vision. Out of these three scenarios one will be possible, the other will be probable and the third one would be desirable. But, before presenting these three scenarios, it is essential to figure out the obstacles and points of vulnerability. Nothing in the real world is absolute. With options and opportunities come challenges. So there are a number of loopholes and paradoxes in my scenarios: the approval of my visa, the required tests, the right choice of the area of my strength, financial constraints, medical conditions, my attitude and confidence level, time and events and, most importantly, the choice of right university abroad. These are some of the factors I will have to look out while travelling the path of my vision. If I start searching admissions abroad, I will first look for scholarships offered. After that search, I will have to register myself before the dead line of applications and consult a career counselor if I have any doubts regarding the choice of my subject. Once I have completed the form and submitted it, I will have to be patient to get a response for an acceptance or interview call. This period will be my emotional test. The anxiety might add to my stress and tend to go against me. This is my possible scenario. Another crucial factor is the time paradox. The time frame should be such as to meet the demands of the situation. Too early prior to the announcement of admissions or too late subsequent to it will result in failure. Also, the work associated with it should be timed. For instance, I should submit the application maximum 3 days before the deadline or apply for visa keeping in view the duration of its processing, relative to the start of the university’s session. With all mentioned prerequisites, the financial factor is also a very essential requirement. To be on the save side, every plan has to have a backup plan. A probable scenario is that I don’t get accepted by the university. Instead of sulking over it and feeling failed in my approach, I will have a second option to try my luck. I can invest my skill of writing and reading somewhere else. For instance, while I am working as an intern I can start searching openings related to research, teaching or writing articles for different online magazines and newspapers. This will help me strengthen my knowledge on current affairs and polish my writing skills as well as interpersonal skills. The work published will bear my name, so people might start knowing me. This scenario serves me to a degree. But the loophole here could be that I may divert from seeking another degree. The desired and ideal scenario would be if I get an admission in an abroad university through a scholarship. My visa being processed on time and allotted to me before my classes start will be another bonus. My financial and medical condition being in place and running strong enough will solve every possible problem standing in my way. I will also have to think of accommodation abroad, so if I have any friends or acquaintances I shall be contacting them soon. Once I am there, I will have to concentrate on my degree and not let external factors influence my goal, because I would have invested a great amount of time and money in getting there. After completing my degree, I shall come back to my country and serve my people. By that time, I will be ready to settle. This will bring me inner peace and satisfaction. References Dolezal Vlad. ( July 27th 2011). How to Make a Personal Development Plan- The Ultimate Guide. Retrieved from http://vladdolezal.com/blog/2011/personal-development-plan/ Writing Your Own Personal Development Plan. (December 21st, 2011). Self Improvement Guide. Retrieved from http://www.completeselfimprovement.com/personal-development/writing-your-own-personal-development-plan/ What is Personal Development? (2011) .Development. Retrieved from http://www.msmdng.com/what-is-personal-development.html

Fashion Fundamentals Test Review Free Essays

The designer who creates designs for several manufacturers, is called a High fashion or name designer Stylist- designer Freelance designer The secondary level of the fashion industry is composed of: Is composed of growers and producers of the raw materials of fashion Ђ Is the ultimate distribution level Is the retailer Is composed of manufacturers and contractors of finished apparel Is the level that functions with all other levels simultaneously The primary level of the fashion industry is composed of: 5. True or False Licensing is a legal arrangement whereby firms are given permission to produce and market merchandise in the name of the licensor for a specific per 6. True or False Lines encompass an entire seasons production from a designer 7. We will write a custom essay sample on Fashion Fundamentals Test Review or any similar topic only for you Order Now True or False odd of time. There is no difference in price point or market location between a line and a election. 8. True or False A knock off is a copy of an original designer garment. 9. True or False An anchor piece for a collection is a piece that sold well at retail therefore it is re cut/ remade in new fabric for the current season. 10. Spring I is shown (circle one) October and November January February March None of the above 11. Resort is shown (circle one) 12. True or False Merchandisers are the links that hold the entire product development process together. They are the link between the design staff, production facilities and the sales staff. True or False The manufacturer does it all from sales, product development to shipping product. He final In stage four of the production process garments are shown to retailers Cutting involves (circle 3 of the below) Making a marker Grading a pattern Spreading the fabric on a cutting room table Bundling the pattern pieces Finishing involves (circle 3 of the below) Sewing on buttons Dyeing Attaching labels Washing to prevent shrinkage Floor ready procedures include (circle 3 of the below) Labeling cartons Adding sales tickets / bar codes to garments Completion of shipping documents Packing properly with correct hangers Private labels are owned by a retailer and only found in their stores. Specification buying is when the retailer tells the manufacturer their standards before they place an order. Offshore production is the practice of producing goods within the country of origin. Manufacturers/ designers produce product only within their category. (For example: a coat manufacturer only produces coats/ outerwear) Designer price zones are considered: The highest price point Bridge price point Moderate price point Budget price point Please select the price point for product that is sold in the moderate market (Guess, Esprit, Levi Strauss is examples) The major market centers are: (circle 2) New York Houston Dallas Chicago Marts consist of exhibition spaces that house wholesale markets Haute Couture losses money itself but creates profitability through licenses, pr ©t a porter lines and franchising. Pr ©t a Porter is fashion that is â€Å"custom made or made to measure† Semi Annual â€Å"Prà ªt† shows are held in the below capitals: (circle 3) Paris Milan London Geneva Rome Which European fashion market city is known and respected for its luxury textiles, handwork, leather goods and accessories. 30. Compare and contrast the roles of the designer versus the merchandiser? They both research trends, colors, and fabrics using forecasters. Designers sketch the piece while the merchandisers figure out the right prices, places, quantity, etc. 31 . How does a Job ber differ from a manufacturer? The Jobber handles the designing, planning, cutting, selling, and shipping, but not the sewing 33. What is a chargeable? Retailers way of financially penalizing the manufacturer for late, incomplete, mistaken, or wrong ticketing issues on garments 34. What role do factors play in the fashion industry? Fund the deals by purchasing accounts receivable or lending money 35. What are the six stages of the product development process? 1 . Plan line 2. Create design concept 3. Develop design 4. Plan production 5. Produce 6. Distribute 36. Name the major market centers in the USA. Miami, New York, Dallas, Los Angels, Chicago 37. Name the major market centers in Europe. London, Paris, Milan How to cite Fashion Fundamentals Test Review, Essays

Purchase Management

Question: Write an essay on Purchase management. Answer: Introduction Purchase management is one of the most important activities for an organization, and it falls under the domain of material management. Purchase management is crucial for the business as it directly affects the continuity of business operation and profitability. The purpose of this report is to discuss and analyze the effectiveness of purchase management strategies adopted by G-Star Raw, which is apparel brand that caters to urban youths. The report discusses in detail about the supplier selection criteria, purchasing costs and the use of information and communication technologies (ICT) for purchasing and operations and management (Kumar et al., 2014). Company background G-Star raw is a Dutch designer clothing company that founded in the year 1989 by Jos van Tilburg. The company manufactures urban clothing. The company specializes in making raw denim (i.e. untreated and unwashed denim cloths). Military clothing styles from around the world inspires the designs produced by the company. The designs of the cloths manufactured by G-Star Raw have been drawn on the inspirations of vintage military appeals from around the world. The company markets its products by collaborating with major retailers (supermarkets, hypermarkets, etc.) to display and sell its products. The company has more than 6500 selling points across the world. The company has also flagship stores in some of the major cities around the continent. In addition, the company also markets its products to customers through online mediums (G-Star, 2016). The philosophy that the company follows is Just the Product. It puts more emphasis on the development of high quality denims and apparels at an affordable price. The company targets urban youths and provides high level of craftsmanship with street level edge to create unique denim sector for itself; by positioning raw denims as a wearable and desirable material. Further, to attract urban youth towards the brand, the company has collaborate with many well renowned celebrities from different fields. Some of them include Afrojack, Ellen Von Unwerth, Lily Cole, Phil Hale and many others. This association of the brand with different artists has help in enhancing the brand image as a modern and contemporary brand (G-Star, 2016). G-Star Raw operates in apparel segment that is characterized by high inter industry competition. The major competitors of G-Star include Diesel, Levis, Wrangler, Lee, Gas, Calvin Klein, Acupuncture, Flying Machine. In addition, many new denim brands that cater to youths through their customized denim products present significant competition to the brand. These brands include Blue Cult, True Religion, Rock and Republic, Citizen of Humanity. Apart for denim specific brands, G-Star also faces competition from other apparel brands (G-Star, 2016). Supplier selection criteria and related issues Purchasing goals and needs of organization: G-Star Raw is known for its unique denim products and designs. The company is known to constantly experiment with its products in order to meet the expectations of its customers. The company is committed to create a style that is unique and identifiable for their G-Star look (Rajesh Malliga, 2013). The company boasts of strong supply chain partners that have helped the company in achieving its goals of producing strong products in a sustainable manner. The company has focused on maintaining long-term relationships with its suppliers in order to ensure continuity of operations in a cost effective way. G-Star Raw manufactures its products in 25 factories located in 5 different countries with an approximate 40,000 workers (Baily, 2013).However, these factories are of G-Star suppliers and the company monitors and regulates the terms under which its suppliers have to work to ensure compliance with local and international laws, and ethical and sustainable business practices. At present 50% of the products are being manufactured by the suppliers who are working for more than a decade for the company (Fernie Sparks, 2014). Since the company does not manufacture its products and is dependent on suppliers for its products, it is important to analyze underlying principles concerning purchasing goals and needs of the organization. The purchasing goals of the company are in line with its overall organizational objectives (Johnson, 2014). Most of the suppliers are located in developing countries such as China, India, Vietnam, Morocco, and Bangladesh. These countries have cheap labor facilities and low investment costs. This helps in reducing product cost. Therefore, the company maintains strong relations with its suppliers so that the products are available as per the market demand and trends. Further, the company takes great care of the purchasing policies of its suppliers so that the quality and legal compliances are fulfilled (Kaur Deb, 2015). Appropriate criteria for supplier selection: While selecting the supplier, it is important to determine supplier capabilities and policies. The suppliers ideology must be in line with the organization in order to avoid future conflicts. G-Star Raw maintains selects its suppliers on the basis of its ability to meets the demands of the business, associated cost of doing business, capability of delivering products on time, legal compliance and business ethics of suppliers and agility of suppliers to meet unexpected demands. Further, to maintain steady business operations, G-Star Raw maintains long-term relationship with its suppliers (Chai et al., 2013). The company has structured a compliance process integrating some tools to ensure that the suppliers comply with the code of conduct. Therefore, suppliers are checked on a regular basis by reputed and independent auditing firms. The company aims to improve the supply chain and to try their best to include the indirect suppliers in the compliance process to make the entire system more efficient to ensure continuity of the product. The company focuses on the building two-way relationship with the suppliers to reduce the production cost that will influence the prices of the end-product (Verma, 2014). Information communication technologies (ICT) for purchasing operation ICT helps the organization to develop effective and efficient communication within the organization and with its partners. With the help of ICT, the company has been greatly benefited as relevant information is easily communicated between the company and its suppliers. G-Stars ICT department has around 70 employees. It has the broad range of customized and standard applications. It has introduced standard software packages to incorporate IT in the business to make it more efficient to serve the customers (Bloom et al., 2014). The skilled infrastructure team of G-Star provides relevant information to all G-star offices, showrooms, and franchise stores. For the ICT business system, the company has appointed junior e-commerce system administrator; it has brought the new application to initiate changes in retail and e-commerce operations. The role of a system administrator is to grab the cutting edge technology in order to provide support to handle the e-commerce, retail and logistics system. Keeping this in mind the company is hiring ICT graduate who will be given the training to acquire knowledge about the latest technologies. The company has set criteria for the selection of ICT candidates. Further, the ICT aspirant should be result oriented, flexible, having excellent communication skill and soft skills and ability to work independently (Fitzsimmons Fitzsimmons, 2013). The ICT department of the company comprises of 60 talented employees, located in Amsterdam. The department plays the major role in controlling the global ICT operations that include providing support to 400 stores, sales offices, and warehouses in around 50 countries. ICT to be applied for improving purchasing operations In order to improve purchasing operations information communication technologies can play a vital role in the manufacturing organizations. The optimum ICT should comprise of dedicated infrastructure and employees that actively maintains and monitors organizational needs. The organization needs to develop strategies to gather relevant data about market conditions and trends, competitors strategy and organizational internal communication needs. The data gathered from different sources should be quickly processed to develop contingency plans and it must be immediately communicated to the relevant departments or suppliers (Ward Peppard, 2016). The role of an ICT executive is to keep the latest knowledge of the business. The operating process, should be well versed with the ERP systems to create the user profiles and the authorization, able to provide proper support while implementing the administration procedures and the ICT is efficient enough to address all the issues related to internal helpdesk logging system (Amin Zhang, 2012). Training will be given to the relevant areas and the departments where it is required. Software development skill is needed from the ICT to launch the new application to enhance the prospects of the business. The ICT is responsible for software testing and implementation of new functionalities in the system. The ICT team should be able to achieved integration between the offline and online stores and increase the brand experience and the brand value of the enterprise (Bloom et al., 2014). Purchasing cost analysis The prices indicated on the website is the product price inclusive of all value added taxes, that is excluded shipping costs. The shipping cost would be charged separately for each agreement. The total purchase price will be summed up when the order is placed, and the process is confirmed (Standiford et al., 2012) The seller tends to change the price and adds discounts and offer in it without giving any prior intimation. The price that is indicated when the order is placed is the final purchasing costs that form the agreement. Therefore, the payment must be cleared using the method on the website within 14 days from the date of delivering a product. The buyer is compelled to inform the seller any details regarding any errors in payment. Moreover, if the customer fails to comply with the payment terms and conditions, the seller has the right to charge the buyer the interest on the due amount (Grant, 2016). In addition to that, the buyer is entitled to return the product without claiming any charge within 14 days after receiving the product without stating any valid reason for doing so, so far as the packaging is undamaged and in a right condition. Therefore, the buyer is not able to replace the product with a new product. If the purchaser wants to buy the new product, then the person must place a fresh order on the website (Zhang et al., 2013). The seller will refund the purchase price within 30 days after cancelling the agreement. If the customers are not happy with the type of the product, one can return to John Lewis shops, Royal Mail, Collect+ in UK. If the customers need to get heavy items then they can contact on 03456049049 for international returns can contact on +44 1698545454. The agreement would be conducted between the buyer and the seller when the seller accepts the order from the buyer that is placed via website in the following way The buyer has selected the desired product The buyer has completed the steps while purchasing the product (that is filling up the address and delivery address details in case both the addresses are not same, the buyer has gone through the payment method to make partial or full payment in advance) The order is placed and the buyer will get a confirmation of the order when placed via the website (Stadtler, 2015). The seller can reject the order placed by the buyer by following terms and conditions When the total value of the order exceeds the value described in the payment segment in FAQ The information filled by the buyer is incorrect When the buyer does not comply with the payment terms and conditions If the buyer has violated some payment norms in the past If the buyer fails to accept or collect the payment order in the past If there is a mistake in the prices indicated on the website If the delivery address does not belong to USA, the seller will inform the buyer about it, and the order is not accepted. The buyer may also request a copy of the agreement from the seller by contacting the seller by clicking on the About G-Star Raw' button on the website (Christopher, 2016). By improving the product quality and by adding the new features in the product can bring new customers whereas able to retain the existing customers at the same time. A recent survey has revealed that 56% of women and 52% of men prefer to buy a product of a reputed brand of their choice. So the brand name is a major factor that influences the purchasing decision of a buyer (Fernie Sparks, 2014). Tools for analyzing purchasing cost In order to analyze purchasing cost, an organization can implement various tools such as Cost analysis: it involve determining actual cost of products that is to be purchased. The cost of a product is dependent on many factors such as delivery, handling and storage. Therefore, a full procurement analysis helps in determining total costs associated with purchasing from a particular supplier (Monczka et al., 2015). Inventory analysis: it involves analyzing cost of storing and handling materials once purchased from the suppliers (Amindoust et al., 2012). Best use of supplier analysis: in case the company has more than one supplier, it is important to identify which supplier is providing value for money, delivery time, and past experience of doing business with the suppliers (Heizer et al., 2016). Conclusion From the above discussion it can be concluded that the companys dedication to artistry and continuous effort towards developing the product has given it a competitive advantage and growth to operate the business in a long run. The supply chain and logistic operations has helped helps the company to achieve benchmark in the industry. In this context, G-Star Raw has implemented optimum purchase management strategies. The companys suppliers have same vision as of the company, this has resulted in developing long term relations with them. Furthermore, the company have employed technologically advanced ICT mechanism that provides the company competitive edge over its competitors. References Amin, S. H., Zhang, G. (2012). An integrated model for closed-loop supply chain configuration and supplier selection: Multi-objective approach.Expert Systems with Applications,39(8), 6782-6791. Amindoust, A., Ahmed, S., Saghafinia, A., Bahreininejad, A. (2012). Sustainable supplier selection: A ranking model based on fuzzy inference system.Applied Soft Computing,12(6), 1668-1677. Baily, P. J. (2013).Purchasing and supply management. Springer. Bloom, N., Garicano, L., Sadun, R., Van Reenen, J. (2014). The distinct effects of information technology and communication technology on firm organization. Management Science, 60(12), 2859-2885. Bloom, N., Garicano, L., Sadun, R., Van Reenen, J. (2014). The distinct effects of information technology and communication technology on firm organization.Management Science,60(12), 2859-2885. Chai, J., Liu, J. N., Ngai, E. W. (2013). Application of decision-making techniques in supplier selection: A systematic review of the literature. Expert Systems with Applications, 40(10), 3872-3885. Christopher, M. (2016).Logistics supply chain management. Pearson Higher Ed. Fernie, J., Sparks, L. (2014). Logistics and retail management: emerging issues and new challenges in the retail supply chain. Kogan Page Publishers. Fitzsimmons, J., Fitzsimmons, M. (2013).Service management: Operations, strategy, information technology. McGraw-Hill Higher Education. Grant, R. M. (2016).Contemporary strategy analysis: Text and cases edition. John Wiley Sons. Heizer, J., Render, B., Munson, C. (2016).Principles of operations management: sustainability and supply chain management. Pearson Higher Ed. Johnson, P. F. (2014).Purchasing and supply management. McGraw-Hill Higher Education. Kaur, H., Deb, M. (2015). Establishment of effective purchase management system: a study of leading manufacturer of wire and strands in eastern india. Management insight, 11(1). Kumar, A., Jain, V., Kumar, S. (2014). A comprehensive environment friendly approach for supplier selection.Omega,42(1), 109-123. Monczka, R. M., Handfield, R. B., Giunipero, L. C., Patterson, J. L. (2015).Purchasing and supply chain management. Cengage Learning. Rajesh, G., Malliga, P. (2013). Supplier selection based on AHP QFD methodology.Procedia Engineering,64, 1283-1292. RAW, G. (2016). G-Star RAW | Official Online Store. G-star.com. Retrieved 21 June 2016, from https://www.g-star.com/en_nl Stadtler, H. (2015). Supply chain management: An overview. InSupply chain management and advanced planning(pp. 3-28). Springer Berlin Heidelberg. Verma, R. K. (2014). Implementation of interpretive structural model and topsis in manufacturing industries for supplier selection. Ind Eng Lett, 4(5), 1-8. Ward, J., Peppard, J. (2016).The Strategic Management of Information Systems: Building a Digital Strategy. John Wiley Sons.

Woodstock Music And Art Fair Essay Example For Students

Woodstock Music And Art Fair Essay In 1969, the Woodstock Music and Art Fair drew more than450,000 people to a pasture in Sullivan county. For four days,this site became a countercultural mini-nation in which drugswere all but legal, music was plenty, and love was free. Themusic began Friday afternoon at 5:07 p.m. August 15, andcontinued until mid-morning Monday August 18. The festivalclosed the New York State Thruway and created one of the nationsworst traffic jams. It also inspired a bunch of local and statelaws to ensure that nothing like it would ever happen again. Woodstock was the idea of four young men: John Roberts, JoelRosenman, Artie Kornfeld and Michael Lang. The oldest of the fourwas 26. Their original odea was to have it in Wallkill, New York,but the residents objected so greatly, that the site was thentaken to a farm about eight miles outside of Bethel, N.Y. ,population 3,900. There was objections from this city as well,but a permit had already been purchased to have a concert, so notmuch could be done about it. We will write a custom essay on Woodstock Music And Art Fair specifically for you for only $16.38 $13.9/page Order now Although the conditions were terrible, (Lack of food, sparsesanitation facilities, drugs and alcohol, mud, to name a few)there were no violent acts at the festival. DRUGSDrugs were a problem at the festival, nearly ninety percentof the people there were smoking marijuana. There were noviolence problems though. Approximately one hundred percent ofthe 33 people arrested were charged with drug-related charges. FOODFood shortage was a problem since so many people showed upwho the festival organizers wree not prepared for.Only 60,000people were expected to attend, yet on the first day alone,500,000 frankfurters and hamburgers were consumed. Constantairlifts were being operated from the site and outlying areas,bringing in a total of 1,300 pounds of canned food, sandwiches,and fruit. In fact, the food problems were so great that theWomens Group of the Jewish Community Center of Monticello andthe Sisters of the Convent of St. Thomas prepared and distributed30,000 sandwiches for the festival go-ers.

Tablet Computers and Their Impact Essay

Tablet Computers and Their Impact Essay Tablet Computers Analysis Essay Tablet Computers Analysis Essay The introduction of tablet computers meant that laptops had to be adapted. Tablet computers and laptops are similar in their functioning and they can learn from each other essentially. Tablet computers and laptops are suitable for certain environments and hence, their combined use can bring satisfaction to users. Tablet computers are more advanced than laptops and they have taken the laptops market share. Past research published after 2010 discussed how tablet computers would overtake use of other computers, especially laptops. Tablet Computers and Their Current and Future Impact Current research paper shows that tablet computers are still not as popular as predicted due to various challenges. However, the future of manufacturing tablet computers looks bright if they continue enhancing the computers with advanced features. Past research showed that most tablets were not customized with cameras that could take videos and carry out call functions. Tablet computers have since improved and now users can use them to make calls. Research conducted during introduction of tablet computers showed that tablets did not have accessories, such as keyboard or mouse. Tablet computers are easy to use and have a reliable operating system. They have a long lasting battery and a stylish look (Thomson, 2013). Studies conducted showed that tablets had most features that are found in other gadgets, including music and games. The sale of tablets was stimulated by the easy access to the information by users. However, new research shows that people interested in buying tablets have an interest in watching movies, listening and downloading music, accessing social media, such as Facebook and twitter, as well as online magazines. The popularity of tablet computers rose due to media coverage. Their design contributed to sales and the applications they support helped in popularity (Kenar, 2013). Tablet computers got ranked higher than smartphones. New smartphones are manufactured with dual core processors. Recent studies have showed that people do not believe that the market of tablet computers will replace the smartphones, as smartphones are more portable. Studies showed that tablet computers would not replace smartphones and they would only be used by a little amount people. Almost every phone company produces tablet computers and the market is flooded with many gadgets ranging in prices. In the future, some of the suppliers of tablet PCs are most likely to leave the market (Thomson, 2013). Impact of Tablet Computers in the Medical Field Tablet computers have become affordable and they provide a platform to interact with electronic information fast. Integrating tablet computers in our work practice is an interesting practice. Tablet computers give the user an experience of having better resolution of screen. It processes information fast and improves the web design. In a study conducted at a medical center tablet computers were considered to be of great help as soon as they let the medical trainees to access calculators and medical journals fast. Tablet computers helped retrieve patient materials for educational purposes. Tablet computers used in the medical field were configured with selected applications and pages with clinical tools. The device is now being used by trainers during conferences to make presentations. Though carrying the cumbersome device is inconvenient for some medical practitioners, having them around has made work more efficient (Perez, 2013). Impact of Tablet Computers on Environment New technology emerges every few years. New technology changes people’s lifestyle and transforms the economy of the country. Study conducted on iPad showed that the market of tablet computers was led by Apple and the number of laptops purchased reduced significantly. The study predicted that tablet computers would in the next few years replace desktop computers and laptops at the workplace. However, the research shows that laptops are still being used at large (Tanaka, 2010). Current research paper indicates that distant learning will be accelerated by use of tablet computers, ensuring everyone acquires quality education at a cheaper fee. Students will save hundreds of dollars due to the new innovation. Also, students will use tablet computers to take notes in class. Tablet computers have reduced the use of paper, ink, accommodation space in office, reduced consumption of water during production and commuting expenses. Previous studies have also showed that environmental benefits achieved a higher magnitude. Tablet computers have led to a decline in printing and now they help distribute newspapers, books, movies and magazines electronically. Even though, people still feel the need to have hard copies of document, situation can change with time. Companies manufacturing printers, such as HP have experienced a decrease in ink demand (Ali, 2011). The research paper shows that tablet computers have reduced paper-based booklets, brochures and pamphlets. They have also reduced the fuel used to transport these materials. Tablet computer transforms information into simple data that can be transferred without requiring packaging and production. Tablet computers are cost effective and reduce production waste in companies. The devices are a kind of energy saving initiative that does not need to get subsidized by the government (Clarke 2012). Current research paper shows that tablet computers are eco-friendly due to the fact that they emit low rate of carbon dioxide during their lifetime. To conserve raw materials and energy people, who can afford using tablets, should make transition into its use. However, tablet computers have to be properly disposed in order to reduce carbon dioxide emissions. Manufacturers of electronics have put in place recycling programs. The programs require people to give old and unused electronic devices to these companies for recycling. Past research could not show if tablet computers were eco-friendly and the topic was not discussed at length (Tanaka, 2010). Current research shows that tablet computers have encouraged green business. The gadgets are used to demonstrate products and their services. For example, the Apple store allows customers to view product features and compare products using iPads. Tablet computers encourage online transactions and hence, reducing of paper use. Past studies did not cover the questions of green business as soon as people had not grasped the context of tablet computers (Tanaka, 2010). Social Impact of Tablet Computers Tablet computers have impacted users both positively and negatively. People spend more time using tablet computers at work or home. Students are also subjected to spending lots of hours in front of computers. Technology enables students to access course notes in tablet computers, thus reducing their library visits. Actual books are hardly used for research by students. Search engines available on the Internet have helped student access reliable sources for their coursework. Tablet computers offer students fast processing of school work. The devices are nowadays used for leisure as they contain many games, web pages and music that help people relax. Current research brings about spending so much time on tablet computers that can create health problems. Use of tablet computers is different from use of desktop in respect to posture. Tablet computers give users freedom of devices using due to low weight. The freedom affects the posture of neck and head that can lead to pain and discomfor t. The best position is achieved by placing tablet computers on table top and propping up the screen. Past research discussed the health problems of using laptops and desktop computers with focus to work environment. Current research discusses both home and at work effects of using tablet computers (Marqueses, 2013). Current research paper shows that tablet computers take away people’s rest time, since they are carried to bed due to their portability. Use of tablet computers in darkness is discouraged because they affect rest habits of their users. Previous research showed that tablet computers strained eyes even with backlight displays. The backlight displays are said to affect the ability of the users to fall asleep easily. Using tablet computers for a long time can cause wrist, finger and muscle problems for the user. Children in the twenty first century are exposed to tablet computers at a young age. Children exhibit confidence when using tablet computers. However, the gadgets help children acquire fundamental skills to operate computers. Children gain improved coordination of eyes and hands (Ali, 2011). Past studies have shown that computer screens are known to emit radiation. These rays, when directed to the child’s body, can cause damage. Eyes are most vulnerable to harm as a result of long hours sitting at the computer. However, current research aims at discouraging the children to use computers at a young age. Children should be checked more often by an optician. They should also be encouraged to engage in outdoor activities that are less harmful to the body. Young children should spend more time in the sun to get vitamin D and fresh air. Children, who spend much time at tablet computers, can be easier exposed to obesity as they grow into young adults. Increasing of high pressure and diabetes among children is associated with spending much time at tablet computers (Cocozza, 2014). Current research shows that tablet computers have replaced baby sitters. Parents have admitted giving their children tablet computers to keep them quiet. It is referred to as digital babysitting. Parents are, however, advised to be aware of the danger that comes with kids using tablet computers. Some of the applications on the devices are really helpful for children. However, playtime should not be equated with tablet computers. Current paper is different from past research papers because it discusses current and future impact related to the gadgets. Past research discussed tablet computers features at the time when the research itself was actual. Current research paper describes the recent features, which are new selling points for tablet computers (Ali, 2011). Proposed Work, Methodology and Timeline Current research has covered adequately the information required to make the study complete. Several factors were identified in this study. Consequently, it showed that some of the randomly selected people chosen for research did not know about the tablet computers much. Interviewed people have heard about them but were not interested in gadgets because they had smartphones and laptops and did not know how to apply tablet computers in their lives. Those who showed interest in owning a tablet computer were students who liked to use them for reading online materials. Tablet computers are intended to impact the workplace so the companies have to make a strategy of how to get rid of the desktops and laptops that they are currently using. Current research focuses on the popularity of tablet computers now and in the future. The study used interviews, questionnaires and also observation methods. The Following are the Findings of the Research Presented Current study was conducted by interviewing fifty men and women, who agreed to take part in the research. There were twenty three women and twenty seven men of different age selected for the research. The sample for such data collection was randomly selected. The research shows the popularity of tablet computers, laptops, smartphones and personal computers among interviewed people. Current study showed that laptops were more popular compared to the other three gadgets.The chart below shows the various ways of using tablet computers. The numbers show that tablet computers are mostly used for social media purposes. Studies and reading followed up. Tablet computers are also often used for listening to the music. Taking photos and videos and video streaming showed low results at tablet computers use. The table below shows the ratings on efficiency, impact and future of tablet computers. Majority of people in my study agreed that tablet computers were efficient and contributed to educational development. A relatively high number was not sure about its contribution to education development. The least number of people disagreed that the influence was efficient. Majority of people agreed that tablet computers had a high possibility to substitute laptops. The number of people who were neutral and those who disagreed was almost equal. Moreover, the study showed that most people believe that tablet computers would develop into a more technological device in the future. Only a few people disagreed, that tablet computers would develop into a more technological device. The interviews were not difficult to conduct. They were used to select the right people for the study. The study required people who owned or had access to tablet computers. After the interviews and elimination of unqualified persons, the qualified ones filled a questionnaire with all the questions for the study. Some participants did not fully complete the questionnaire due to the time limits. Some of the participants were selected through observation, by spotting someone with a tablet computer. Current research takes a short time to be conducted. It is cost and time effective due to the methodology used to collect and present data and to the fact that it takes about one month to be conducted. The objectives of current research were determined by the popularity of tablet computers and their impact nowadays and in the future. Finding two participants in a day was enough to conduct the study. The results of the research showed almost equal number of people believing that the use of tablet computers and laptops was similar. Ten people believed that tablet computers would be developed to become better in the future. People who thought tablet computers would remain the same and extinct were ten and twelve respectively. Many people viewed tablet computers as a revolutionary device. Summary of Contributions The research shows the different spheres of tablets computers usage, which include providing fast access to the information and the effectiveness of the device. Data collected from current research was reliable and participants provided the information willingly. The study shows the positive and negative impact of tablet computers on the environment at present and in the future. Past researches on tablet computers focused on the technology used to manufacture it. Current study expounds further the impact of tablet computers. Environment has benefitted from the technology behind the tablet computers. Tablet computers have helped save trees and reduce waste spreading in the environment. The study has shown predictions of how the tablet computers will become popular in the next few years (Perez, 2013). Journalism has fully embraced the use of tablet computers due to their small size and touch screen. Tablet computers support applications that help them to follow the news. More men in my study tend to prefer use of tablet computers compared to laptops, smartphones and personal computers. People at the age between twenty and twenty five showed much interest in the use of tablet computers. Majority of interviewed people indicated that they used tablet computers for about one to three hours. The study showed that tablet computers were mostly used for spending time in social networks followed by study and music. The smallest number of people used tablet computers for taking videos and videos streaming. Tablet computers have enriched lives of their users, but still continuous use of tablet computers also has negative effect. Manufacturers of tablet computers need to extend the market extensively especially aiming at students. Manufacturers should also reduce the price of tablet computers to make them affordable to students and other interested people. People are waiting for the reduction of prices so that they could afford to buy a gadget. Tablet computers have become increasingly popular in the world and the demand continues to increase, though, the level of tablet computers and laptops usage seems similar. People are optimistic about developing new and better innovations than the tablet computers (Perez, 2013).

IBMs Invention of the First Personal Computer

IBM's Invention of the First Personal Computer In July of 1980, IBM representatives met for the first time with Microsofts Bill Gates to talk about writing an operating system for IBMs new hush-hush personal computer. IBM had been observing the growing personal computer market for some time. They had already made one dismal attempt to crack the market with their IBM 5100. At one point, IBM considered buying the fledgling game company Atari to commandeer Ataris early line of personal computers. However, IBM decided to stick with making their own personal computer line and developed a brand new operating system to go with. IBM PC AKA Acorn The secret plans were referred to as Project Chess. The code name for the new computer was Acorn. Twelve engineers, led by William C. Lowe, assembled in Boca Raton, Florida, to design and build the Acorn. On August 12, 1981, IBM released their new computer, re-named the IBM PC. The PC stood for personal computer making IBM responsible for popularizing the term PC. Open Architecture The first IBM PC ran on a 4.77 MHz Intel 8088 microprocessor. The PC came equipped with 16 kilobytes of memory, expandable to 256k. The PC came with one or two 160k floppy disk drives and an optional color monitor. The price tag started at $1,565. What really made the IBM PC different from previous IBM computers was that it was the first one built from off-the-shelf parts (called open architecture) and marketed by outside distributors (Sears Roebuck and Computerland). The Intel chip was chosen because IBM had already obtained the rights to manufacture the Intel chips. IBM had used the Intel 8086 for use in its Displaywriter Intelligent Typewriter in exchange for giving Intel the rights to IBMs bubble memory technology. Less than four months after IBM introduced the PC, Time Magazine named the computer man of the year.

Analysis on a marketing news story which has appeared in 2013 Essay

Analysis on a marketing news story which has appeared in 2013 - Essay Example The review of the article reveals that the company wants to introduce digital marketing as a means of targeting its customer base in the United States. Analysis P & G, like its other competitors, has been following a combination of traditional and innovative marketing strategy for its products. However, keeping in view the market data and research findings of changing trends in consumers’ lifestyle, the management has decided to adjust its strategies accordingly (Serena & Vranica, 2013). After reading the article, it is inferred that the company is planning to spend more on online marketing activities of its products, owing to the fact that a vast number of Americans are expected to prefer spending more time on the internet rather than watching television. This shift in the consumers’ behaviour has in turn influenced P & G’s marketing experts to focus more on digital marketing concept (Serena & Vranica, 2013). The digital marketing concept, which involves the use of internet and mobile as a marketing channel, has been considered by the company as a replacement of its marketing campaigns on television (Ryan & Jones, 2012; Hoffman & Novak, 1996; Egan, 2007). The fact that digital marketing is cheaper and, with consumers spending more time on the internet, is more targeted, the company has aimed at spending one third of its total budget for marketing on the online advertisement and marketing campaigns in the United States (Serena & Vranica, 2013). The decision to switch from television and other traditional marketing channels to internet and mobile can be viewed as an intelligent one, since the marketing mix for the company can be developed in a more prudent manner (Ryan & Jones, 2012). As for instance, by marketing its products online, the company will be able to target its customers and inform them about products in a much more convincing and effective manner. Moreover, it will be possible for the customers to obtain information as per their respective needs, because the review of literature pertaining to digital marketing suggests that internet is an interactive marketing medium and is considered as a many-to-many model, in comparison with traditional one-to-many marketing channels (Silva & Vassiljev, 2011; Ryan & Jones, 2012). According to Hoffman and Novak (1996), internet as a marketing medium is a proficient means of communicating and advertising a product to target customers. Keeping in view the concept of â€Å"flow† which is defined as a process of optimal flow by Csikszentmihalyi (1990), Hoffman and Novak (1996) state that â€Å"when in flow in a particular Web site, a consumer will be more likely to remember the brand name, feel good about the brand, and be more likely to return on a subsequent occasion.† (p.2) These attributes of internet as a marketing medium have been taken into consideration by P & G’s marketing team, and in this regard the Chief Executive of the company has stated th at, â€Å"digital is incredibly effective, and we're doing more† (Serena & Vranica, 2013). The fact that there are some brands of the company, such as Tide and Pantene (Serena & Vranica, 2013), which have lost their respective market shares, and as a consequence the company has decided to introduce innovative strategies that may lead to capturing a significant market share in the United States. In addition to this, it is also pertinent to mention here that the company’s Chief Executive regards this strategic move of the

How can the Nurses collaborate to prevent and manage Pressure ulcers Research Paper

How can the Nurses collaborate to prevent and manage Pressure ulcers (bed Sore) - Research Paper Example The panel came up with recommendation on preventive strategies such as patient education, clinician training, development of communication and terminology materials, implementation of toolkits and protocols. Behavioral aspects like adherence of the healthcare provider as well as the patient were also given recommendations. The collaborative effort of the learned American healthcare professionals who have the resources and determination has transformed the impending challenge of the CMS policy to an opportunity for the improvement of the hospital system and its patients. The Pressure Ulcer Collaborative project, coordinated by the New Jersey Hospital Association (NJHA), was conceptualized based on the negative effects of pressure ulcers such as pain and disfigurement on patients, the burden of care to the healthcare industry, and the state and federal reporting requirements – the U.S. Health and Human Services in particular calls for a 50% reduction in pressure ulcers among nursing home residents by 2010. A comparative method to analyze data based on the guidelines developed by the NJHA Quality Institute Department and the Department of Continuing Care Services was used by the 150 organization who participated in the project. After a 12-month period (October 2005 to October 2006), the incidence and prevalence of pressure ulcers among the participating organizations showed a 30% decrease. By May 2007, the end of the second year of the Pressure Ulcer Collaborative project, a 70% decrease was achieved. The skin assessment, Braden assessment, and frequency of skin assessment requirements to meet the guideline criteria were not sufficient at the onset, thus the project was rolled out in all organizations who participated by April 2006 only. The project was able to give the healthcare staff a more detailed and comprehensive focus on patient care improvement, access to guidelines and protocols, and commitment to consistency and standardization in

Contracts and Negligence Assignment Essay Example for Free

Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. 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