Friday, December 27, 2019

Walmart De Mexico Essays - 1467 Words

Wal-Mart de Mexico Comercial Mexicana S.A. (Comerci), one of Mexicos largest retail chains, was faced with a serious dilemma. Since Wal-Marts aggressive entry into the Mexican retail market, Comerci has found it increasingly difficult to remain competitive. Wal-Marts strong operating presence and low prices since NAFTAs lifting of tariffs have put pressure on Comerci, and now management must decide if it can improve Comercis competitive position by remaining independent or by merging with either a local or foreign retailer. Which raises one question that needs to be answered: What has caused this intense competitive pressure on Comerci, and what is likely to be its future? Mexicos retail sector has benefited greatly from the†¦show more content†¦The company has expanded into internationally to nine countries through new-store construction and acquisitions. Today Wal-Mart International employs more than 330,000 associates in Argentina, Brazil, Canada, China, Germany, Korea, Mexico, Puerto Rico and the United Kingdom. Wal-Marts operations in Canada, the United States and Mexicos partners in NAFTA, began in 1994 with acquisition of 122 Woolco stores. It now has 196 stores and has strong partnerships with Canadian suppliers. With growth stalling in the United States Wal-Mart is looking to international expansion for growth in fiscal 2002, the international division increased sales by 10.5 percent to $35.4 billion and operating profit increased 31.1 percent to $1.4 billion. The division accounts for 17 percent of sales and 11 percent of profits. Most forecaster believe Wal-Marts growth outside the United States will grow by an average of 26 percent for the foreseeable future. Wal-Marts success internationally has varied by country. Although successful in countries like Mexico and Canada, where it has become the largest retailer, it has yet to prove itself in Germany and Argentina. It is learning from its past mistakes, and it is now adapting much better to local cultures and learning from partnerships formed in each country. Wal-Mart Competitive Advantage Much of Wal-Marts international success comes from the tested practices of the U.S. division bases its success on.Show MoreRelatedWalmart de Mexico1591 Words   |  7 PagesWal-Mart de Mexico Comercial Mexicana S.A. (Comerci), one of Mexicos largest retail chains, was faced with a serious dilemma. Since Wal-Marts aggressive entry into the Mexican retail market, Comerci has found it increasingly difficult to remain competitive. Wal-Marts strong operating presence and low prices since NAFTAs lifting of tariffs have put pressure on Comerci, and now management must decide if it can improve Comercis competitive position by remaining independent or by merging withRead MoreThe Walmart de Mexico Scandal Essay1147 Words   |  5 PagesSam Walton founded the well-known retail store Wal-Mart, dedicated to make a difference in the lives of their customers by offering everyday low prices. (Walmart, 2014). Despite their effort trying to save people money, Wal-Mart has been caught up in some scandals, which has given the company a bad reputation. In 2005 Wal-Mart paid bribes in Mexico to win market dominance and to speed up building permits. It is said that it is difficult to get all the permits needed to open a business without payingRead MoreWalmart de Mexicos Bribery Issue668 Words   |  3 PagesIt’s seemingly that Walmart de Mexico bribery scandal is far from over. Many investigations has been carried out to fully answer what acctually happened in the past, what system failed, and who was responsible for possible violations of the Foreign Corrupt Practices Act (FCPA), which bars bribery of foreign officials, but questions of accountability recently remain unanswered. It also means that Walmart leaders have succeeded in hiding all the important clues to avoid sanctions. The whole thingRead MoreGlobalization of Wal-Mart1177 Words   |  5 PagesDerek Moore 9/13/12 GEB3356, Omanwa Minicase: â€Å"The globalization of Walmart† As the world’s largest retail store in the world, Walmart wants to be in every market that they can be prosperous in. They know they rule the United States market, so why not try to expand overseas and dominate those markets as well. Now that they have reached limits on expansion here in the U.S., the next step was to test the water in other nations. As they began to go international, there were many critics saying theyRead MoreWalmart : An Dominant End Multinational Corporation865 Words   |  4 PagesCorporation put a side their moral and ethical standards. For example, Walmart is a multination corporation they have more than 11,098 retail units in 27 countries (Walmart Corporation). But when Walmart was expending to Mexico, their primary focus was to maximize profit and beat its competition (Barstow). Their Walmart de Mexico was the most profitable unite for Walmart Corporation. But when they were planning to set up Walmart in Mexico, to get the permits they bribed mayors and city council members,Read MoreHow Has the Implementation of Nafta Affected Walmart’s Success in Mexico?1000 Words   |  4 Pagessuccess in Mexico? Walmart’s marketing campaign has been â€Å"everyday low prices†. This was not the case in Mexico prior to NAFTA. Walmart was paying higher tariffs to import American goods. Once NAFTA was implemented, Mexico became a free trade zone. This made it possible for Walmart to reduce its tariffs from 10% to 3% creating a level playing field with its competitors. With the signing of NAFTA, it also opened up the doors to foreign investment in Mexico. Walmart was also payingRead MoreWalmart Inc. : An American Multinational Retail Corporation Essay992 Words   |  4 PagesOverview: Walmart Inc. is identified as â€Å"an American multinational retail corporation† (Wiki: Walmart) that conducts itself in a multitude of hyper- markets. This includes discount stores and grocery stores. Walmart headquarters is located in Bentonville, Arkansas and was founded by Sam Walton in 1962; it was then incorporated on October 31, 1969. As of the 2016 year, Walmart has obtained a total of 11,573 stores and clubs located in 28 different countries. While also, operating as Walmart under 63Read MoreSears, Roebuck and Co. vs. Wal-Mart Stores, Inc. Essays1615 Words   |  7 PagesLorena Guadalupe San Salvador, 12 de julio de 2010. Sears, Roebuck and Co. vs. Wal-Mart Stores, Inc. En el presente trabajo se realiza una comparacià ³n entre las empresas SEARS y Walmart a travà ©s de un anà ¡lisis de los Estados Financieros de ambas empresas y sus respectivas razones o à ­ndices. A continuacià ³n se presentan los Estados Financieros de Sears Roebuck and Co. A continuacià ³n se presentan los Estados Financieros de Wal-Mart Stores Inc. Cà ¡lculo de Razones Financieras Para realizarRead MoreWal-Mart’s Foreign Expansion Case Study1361 Words   |  6 Pageswhich would also in turn help Wal-Mart become successful as well. Wal-Mart must also abide by the different regulations of each country. In order to be successful in foreign markets, the merchandising strategy must change. Wal-Mart was successful in Mexico because it joined forces with local companies and eventually took control of them. Their strategy was to enter into joint ventures with the large competitors and gain control of their company. In doing so, it gave them control of the stores, the realRead MoreU.s. Foreign Corrupt Practices Act Of 1977764 Words   |  4 Pagespayment to a foreign official to influence it, secure any advantage or to assist in obtaining or retaining business. The presenting team used the Walmart case as basis for the debate as it is relevant to the issue in question. In April 2012, the NYT reported that the Walmart management in Mexico paid bribes of $24 million and $16 million in â€Å"†donation† to Mexico local government to help expand the business there. In their debate that team chose to explore the possibility of expansion to China while debating

Thursday, December 19, 2019

Mental Health Of Individuals Living With Schizophrenia

Introduction The mental health of individuals living with schizophrenia not only depends on the severity of their mental illness, it also depends on their inclusion within their community (Michael, 2012). Despite recent advances and treatment, individuals suffering from schizophrenia encounter a considerable stigma that creates barriers to them receiving adequate treatment which in turn hinders their full integration into society (Morgan, 2003). The conceptualization of stigma was explored (Goffman, 1963) as an attribute which is deeply socially discrediting and makes the person carrying the stigma different from others and of a less desirable kind (Goffman, 1963 pg 13). However, the individual experiencing schizophrenia is not solely the person affected by stigmatization. Stigma is also believed to affect the individual’s social network, including family, friends and mental health and social care professionals. However (Sayce, 2000), building on the work of Goffman’s theory, saw s tigma as driving stereotypes or negative views, attributed to a person, marginalising the person from receiving adequate treatment. Much research has been conducted to aid understanding of stigma, through studying public attitudes and beliefs. In 2009 the World Health Organization (WHO) estimated that 25 percent of the worldwide population is affected by a mental or behavioural disorder at some point. Over 80% of people suffering from mental disorders including schizophrenia and depressionShow MoreRelatedHomelessness Is Becoming An Epidemic1566 Words   |  7 PagesHomelessness in Persons with Persons with Schizophrenia Homelessness is increasingly becoming an epidemic in North America as many cities grabble with this menace. According to the Canadian Observatory on Homelessness, about 35000 Canadians are homeless on a given night, while 235,000 Canadians experience homelessness in a year. According to the Canadian Observatory on Homelessness Homelessness Research Network, â€Å"homelessness is described as the situation of an individual or family without stable, permanentRead MoreSchizophrenia Case Study1627 Words   |  7 Pages2 second and sixth-year medical school students to examine whether stigma toward mental disorders differs throughout medical education. Their results indicated that sixth-year students had more positive attitudes toward individuals with schizophrenia compared with second year students although 38.7 % of the sixth-year students still perceived individuals with schizophrenia as being dangerous. Recently, Danaci and colleagues (32) recruited 106 freshman medical school students, who did not receiveRead MoreThe Soloist Is A Film Based Upon The True Story Of Nathaniel Ayers954 Words   |  4 Pagesstory of Nathaniel Ayers, a Juilliard musical prodigy who has schizophrenia, and Steve Lopez a journalist for the Los Angeles Times, who befriended the (then) homeless Ayers when he was living on the streets of LA. Schizophrenia is a c hronic and severe mental disorder that affects how a person thinks, feels, and behaves; those who suffer from schizophrenia may seem like they have lost touch with reality. The symptoms of schizophrenia fall into two categories: positive and negative. People with â€Å"positive†Read MoreHomelessness Is The Issue And Problem Of Homelessness1567 Words   |  7 PagesHomelessness Defined: A key issue society currently faces is the issue and problem of homelessness. In January of 2016, approximately 549,928 American individuals were experiencing homelessness (HUD’s 2016 annual assessment, 2016). Most research concerning homelessness agrees that definitions of homelessness vary and that there are several challenges researchers encounter while attempting to study homelessness due the transient nature of homelessness along with other inconsistencies and barriersRead MoreMental Health And Mental Illness1314 Words   |  6 PagesUnderstanding mental health is a very complex concept. The antiquity of mental illness and madness tells two common and defective definitions of mental health. The first, that mental health is the absence of mental illness, while the second that mental health is a state of well-being (Tudor, 1995). The fact that both definitions are reductive and the same word mental health is used to mean mental illness added more confusion to such term. H owever, it is important to know what really is mental health and mentalRead MoreEffects Of Urbanization1616 Words   |  7 Pagesthat undergo it, by allowing them to grow economically and industrially. However, one commonly overlooked effect of urbanization is its effects on the mental health of those that live in the cities it builds. Urban settings generally tend to add many stressors to one’s daily lifestyle and these new stressors could lead to a multitude of mental health problems. Examples of this have been seen since the beginning of rapid urbanization, Lyndon B Johnson mentioned some of its effects in his â€Å"Great Society†Read MoreThe Lived Experience Of Schizophrenia Of Jeremy Oxley1146 Words   |  5 PagesIn this essay, it will be discussed, the lived experience of schizophrenia of Jeremy Oxley by incorporating the National Recovery Framework and Principles, while exploring the lived experience of mental health problems that he experienced, as described in the documentary ‘The SunnyBoys†. Jeremy Oxley, in his younger years, started his musical career in the early 1980’s, at the early young age of 18, he was touted as one of the most talented singer/songwriter in Australia. Jeremy was the front-manRead MoreEssay on Schizophrenia1572 Words   |  7 Pagesperseverance in the fight for health. Losing a job with health insurance and benefits is overwhelming; however, an independent functioning person, with adequate personal and community resources, begins applying for new employment or career change. Enjoyment of life hobbies and interests will be limited, but basic needs are met and health care obtained. However, there are those who have great difficulty obtaining resources for maintaining basic needs. Persons with mental illness, those who are homelessRead MoreSymptoms And Factors Of Schizophrenia1344 Words   |  6 Pages1.0 Introduction This assignment will provide a definition about schizophrenia, its symptoms and factors that may cause it briefly as well as its incidence and prevalence in Australia, Spain and United States of America. It also introduces some of old and recent treatments of this disease. 2.0 Definition of Schizophrenia Schizophrenia is categorised as a psychotic disorder. Psychosis-a general word that is usually used as the psychotic illnesses syndromes-affects people’s thoughts, speech and senseRead MoreThe Quiet Room : A Journey Out Of The Torment Of Madness1464 Words   |  6 PagesBook Summary The Quiet Room: A Journey Out of the Torment of Madness is an insightful book which revolves around Lori Schiller, who at age 17 started her downward spiral into psychosis induced by schizophrenia, and subsequently recovering enough by her early thirties to regain control over her life. The book is a culmination of Lori’s experiences and those close to her during her treatment. In her note to the reader, Lori explains that the variation of ‘voices’ in the book is to give an accurate

Wednesday, December 11, 2019

Critical Essay on the Cries free essay sample

Four different sources, places and dates have been chosen from namely: The Cry of Pugad Lawin by Pio Valenzuela on August 23 and 26; The Cry of Bahay Toro by Santiago Alvarez on August 24; The Cry of Kalookan by Gregoria de Jesus on August 23; The Cry of Balintawak by Captain Oglegario Diaz on August 25; The Cry of Balintawak by Guilliermo masangkay on August 26; and lastly, The Cry of Balintawak by Vicente Samson on August 26; while Pasong Tamo was not mentioned again throughout the chapter. The only detail that they all agree about is the year 1896. All 6 different sources present similar ideas in their stories but different dates and places which caused them to oppose each other. Until the National Historical Institute (NHI) discovered Valenzuela’s Memoirs that is parallel to his first statement on the first ‘cry’ which is The Cry of Pugad Lawin. As NHI considered the information found as precise. Around the year of 1963, Pres. We will write a custom essay sample on Critical Essay on the Cries or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Diosdado Macapagal agreed with the discovery of NHI and declared it as the official ‘cry’ which launched the 1896 Philippine Revolution. While I-Stories considers Valenzuela’s Pugad Lawin version as the most credible for a reason that his memories about the happening was still fresh when he wrote this. I do not agree with Valenzuela because he was not consistent with his stories despite the memoirs of him that was found. Where in later was found out that the place Pugad Lawin itself could not be proven to exist for no other records during the Spanish colonization speaks of it. Also in agreement with the testimonials and comments of different Philippine History book authors such as Pedro A. Gagelonia of the Far Eastern University who pointed out that â€Å"The Cry of Pugad Lawin cannot be accepted as historically accurate because it lacks positive documentation and supporting evidences from the witness. The testimony of only one eye witness is not enough†¦Ã¢â‚¬  along with the statement of John N. Schrumacher, S. J, of the Ateneo de Manila University which is â€Å"I would certainly give much less credence to all accounts coming from Pio Valezuela, and to the interpretations Agoncillo got from him verbally, since Valenzuela gave so many versions†¦Ã¢â‚¬  in addition with a part taken from the textual analysis of Dr. Soledad Borromeo-Buehler of the University of the Philippines which says â€Å"The name Pugad Lawin does not appear in contemporary accounts of the revolution, nor in the censuses of 1903, 1918, municipal records of Calookan, nor on pertinent maps of that town† alongside with analysing the different contemporary records and documents from the Spanish colonization period where in she found that these documents were presented or translated to the public in manners such as â€Å"unquoted, misquoted or misrepresented†. The only way out of this prolonged contention is to consider the idea that the â€Å"cry† could have happened in all of those places on the different dates considering that all of those places are generally in Caloocan. Relatively, since each â€Å"cry† happened on different dates and places with the same Katipunan leaders, it is possible that they conducted each cry at each of the different places around Caloocan. A proof that could support my statement is the discovery that Andres Bonifacio was actually a mestizo who was a resident of Tondo but was not enrolled for the head tax among the naturales in Tondo which means that he did not pay taxes which leads to a conclusion that he could not have had a cedula. Not having a cedula immediately leads to persecution by the Spaniards whereas Bonifacio was able to survive which could mean that he was able to produce a fake one. When a cedula was finally found with his name on it, an investigation proved that it is fake. Align with the preceding stretch, It may be assumed that Bonifacio could have had several or even dozens of fake cedulas that he tore up during those numerous â€Å"cries†. In other words, the seven different views about the â€Å"cries† may all be correct since they are all located along the areas of Caloocan, starting with The Cry of Pugad Lawin on August 23, 1896 down to The Cry of Balintawak on August 26, 1896. Or rather, there is no choice but to wait for one of them to be proven certain. References Borromeo-Buehler, S. (1998). The cry of balintawak: A contrived controversy.

Tuesday, December 3, 2019

The Environmental Change and the Collapse of Easter Island Essay Example

The Environmental Change and the Collapse of Easter Island Paper After that we will talk about the underlying process where we will discuss the actions of the assumptions of he actors goals, the theory Of the action implied and the initial conditions. We will finish with a conclusion. In his first chapter proposed the author, Jarred Diamond, five contributing factors for understanding environmental collapses. These five factors are damage, climate change, hostile neighbors, friendly trade partners and the societies respond to its environmental problems. We can use these factors to explain the collapse of the Easter Island. Firstly, there was much damage done to the environment by the inhabitants. Jarred Diamond states that the extent and reversibility of the damage depends on properties of both the people and the environment. In Easter Island, the inhabitants mainly cut trees for burning firewood, cleaning gardens, to cremate bodies and making seaworthy canoes. This led to an extreme example of deforestation. But, not only did the inhabitants destroy many trees, they also had the bad luck to be living on one of the islands with the highest risk for deforestation. In the book, nine environmental causes for deforestation are mentioned, and the Easter Islands had to deal with all of these 9 factors. The variations in rainfall and latitude, the fact that it is a dry island and that it is a cooler island farther room the equator contributed mostly to the deforestation. Another contributing factor was the overheating of birds. After a while there were no birds left and the Easter Islanders had to turn to other things to eat. The second reasons Jarred Diamond mentions is climate change. With climate change he does not mean global warming, but the fact that climate may vary between months or years. We will write a custom essay sample on The Environmental Change and the Collapse of Easter Island specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Environmental Change and the Collapse of Easter Island specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Environmental Change and the Collapse of Easter Island specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The problem is that in the time of the Easter Island most people only lived long enough to witness one climate, and not for example a time of plenty and a time of little rain. The inhabitants of he island therefore had no firsthand memory of a previous period of little or plenty rain. Therefore, every time they had to come up with a new strategy because they did not know an Old strategy. Another problem with good and bad decades is that after a good period there is too much population to be supported, and after a bad time there are not enough people to deal with a climate change. There is not much known about the climate changes at Easter Island. But, we do know that the population changed a few times because of kidnapping and different epidemics. This means that although there may eave not been a lot of climate change, there was a constant change in the number of people living on the island who may have not known how to deal with different circumstances. The third and fourth factor Diamond mentions are hostile neighbors and trade partners. But, because Easter Island was an island almost completely isolated from the rest of the world , these factors cannot have played an important role in the collapse of the island. Although in the book is mentioned that the Easter Islanders sometimes had visitors, these visits were not regularly enough to be considered as a big influence. The last, and probably most important, factor is how society deals with the environment. As discussed above in the damage section, the inhabitants cut down many trees for several reasons and they destroyed different animal populations. But the political, social and religious factors behind the impacts are also of importance. The Easter Island Was divided into a dozen of territories were chiefs and there commoners lived. Every territory had their task, based on their valuable resource. Between the territories was a constant competition of building the most impressive platforms and statues. Building hose statues took them not only much effort, but it also required trees for wood, rope and timber. This contributed to the deforestation of the Easter Island. Unusual was, that although the territories competed with each other, they were integrated religiously and also economically and politically. The chiefs and priests on the island had promised to deliver beautiful harvest. Once the environmental situation on the island got worse and all the food was gone, the inhabitants of the island turned to the only food left: humans. But, not only the political system was destroyed, along with the chiefs power he religion got discarded. Based on the text above we formulated the following research question: How did the environmental changes cause the collapsing of Easter Island? To begin with, we will discuss the actions of the actors on micro level and the outcomes on the macro level. The people on Easter Island needed wood for heating, cremating bodies, gardening and for building and transporting the famous Easter statues. Therefore they used the resources on the island. But, because the island had to deal with lots of bad biological conditions, there was no reproducing of trees and animals. The deforestation led to biological changes, which caused the crop yields being decreased. When the forest on the island slowly disappeared, so did the sources of wild food. The most animal species on the island, in the air, and in the water surrounding it, became completely extinct due to a combination of overheating, deforestation, and predation by rats. After this environmental change, the inhabitants did not have enough resources left and because of the bad conditions they looked for alternatives like cannibalism. The cannibalism in combination with the lack of wood and food caused the decreasing of the population and the collapse of Easter Island. Coming back to our research question, we can state that the environmental change at Easter Island was mainly due to the behavior of the actors and not immediately caused by the initial conditions. The initial condition was the prosper of the island. There were enough resources for everyone, which allowed the statues to be made. People of the island were used to a high standard of life which meant they used a lot of resources and reproduced themselves, which allowed the population to grow. However, the people did tot consider the fact that the island was not able to reproduce enough resources.

Wednesday, November 27, 2019

Postal Rule Essay Example

Postal Rule Essay Wajid, a plumber, has a mobile phone contract with Telecom until 31st October. He has also had dealings with phone companies Webphone and Savaphone, with a view to getting a cheaper phone contract elsewhere. The current date is 7th October. Wajid has a problem in the area of agreement concerning the three contracts he has sought advice on. Agreement is the meeting of minds or actions of the parties to agree on a contract, within which are two sections, offer and acceptance. Both offer and acceptance are essential for the formation of a valid and binding contract, so each issue Wajid has needs to be viewed in these terms to discuss whether he is bound to any contracts or not. Individually each contract, or potential contract, will be discussed to decide whether Wajid has a binding contract with any of the three companies which he has dealt with. Telecom Wajid currently has a phone contract with Telecom, which is due to expire on 31st October. He received a letter from them on 1st October, explaining to him that his contract will automatically be renewed unless they hear from him before the end of his current contract. With reference to acceptance. For a contract to be valid there must be an offer and an acceptance. A valid acceptance must agree to all particulars in the offer, otherwise it becomes a counter-offer. All terms and conditions must be met in order for an acceptance to be valid. See Neale v Merritt (1930), where an offer stipulated full payment on acceptance. We will write a custom essay sample on Postal Rule specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Postal Rule specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Postal Rule specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The defendant purported to accept the offer and enclose part payment, and a promise to pay the rest in instalments. This was deemed in court to not be a true acceptance, and the contract declared void. Offers, unless stated otherwise, can be communicated either in writing, orally or by conduct. Wajid would extend his contract with Telecom on 1st November by conduct, as he would not have informed them that he no longer wishes to have a contract with them, however, given the current date is still only 7th October, he has not entered into this new contract yet. Wajid does not have a binding contract with Telecom apart from that which he is coming to the end of. Unless the 31st October passes and he has not communicated to them his wish to end his contract, then he will not have a binding contract with them, only the contract which he already has, which is coming to its end. Savaphone On 2nd October Wajid telephoned Savaphone, and was quoted a price cheaper than that of Telecom. He said on the phone that hed sign up and the salesperson sent out the forms for him to sign, which Wajid received on the 4th, signed and promptly posted back on his way to work. With reference to offer. An offer is made where a person (offeror) unequivocally expresses to another (offeree) his willingness to make a binding agreement on the terms specified by him if they are accepted by the offeree. An offer may be made to a specific person, a group of people or the world at large. An offer to a specific person cannot be accepted by anyone except that person. In relation to invitation to treat. Invitation to treat is not an offer, and its acceptance does not constitute the formation of a contract. There are many cases where invitations a misconstrued as offers. For example a shop displaying goods for sale with a price tag attached, they are not obliged to sell at that price, and it is only an invitation to buy the products, not an offer, see Fisher v Bell (1966) and Partridge v Crittendon (1968). Wajid received an invitation to treat on the phone from Savaphone, so does not constitute a binding contract. However, when he receives the formal offer letter in the post, signs it and posts it back, he has accepted an offer from Savaphone. With reference to Postal Rule. The postal rule is that, where acceptance by post has been requested or where it is an appropriate and reasonable means of communication between the parties, then acceptance is complete immediately the letter has been posted, see Adams v Lindsell (1818) and Household fire insurance co v Grant (1879). The application of the postal rule requires that the letter of acceptance has been posted, addressed and stamped properly; see Re London and Northern Bank (1900) and Getreideimport GmbH v Contimar (1953). The postal rule does not apply where the means of communication are instantaneous (oral, telephone, telex, fax, e-mail) where the express or implied terms of the offer exclude the postal rule. See Holwell Securities v Hughes, CA, 1974 where it is unreasonable to use the post or where the application of the rule would produce a manifest absurdity, see Holwell Securities v Hughes, CA, 1974. Wajid has a binding contract with Savaphone, because the postal rule states that as soon as a letter of acceptance has been posted, then acceptance is complete and a contract is binding. With regard to Wajid leaving a telephone message stating he no longer wants a contract with them, after contacting Webphone, the postal rule states that where the rule applies, an offeree who has posted his acceptance is not allowed to revoke it by some quicker means of communication, in this case by phone, see Dunmore v Alexander (1830). Wajid does have a binding contract with Savaphone, as of 4th October, due to the effect of the postal rule, and that he was not allowed to revoke the rule and acceptance by leaving an answer phone message with Savaphone. Webphone The Webphone case is based on whether an offer has been made and accepted. By clicking on the internet prompts, Wajid had not entered into a contract with Webphone. The website gave an invitation to treat, which Wajid accepted, which would lead to the formal offer letter being sent to him, similar to what happened with Savaphone. However, by the 6th October Wajid had not received the forms from Webphone, and the company had realised that they had made an error on the website, that they had been offering a wrong price (too low). After Wajid contacted them via e-mail, they replied inviting him to take advantage of the correct price for a contract. Wajid had not accepted an offer at a lower price, as Webphone had realised their error before sending out the official offer documents, so he has no binding contract with Webphone at all, at the correct or lower price. Wajid could have claimed a case of Negligence through common mistake from Webphone, but, using Smith v Eric S Bush (1990), the case gave rise to giving the defendants suitable time to detect the error and rectify it, which Webphone did in this case. Only if Webphone had sent out the documents with the lower price and then retracted the lower price, would they be liable for negligent charges against them. Wajid has no binding contract with Webphone. When looking for a remedy to this problem, an overview of Wajids situation is required. He has a contract with Telecom which expires on 31st October but will automatically renew on 1st November unless he contacts them to cancel. He has a binding contract with Savaphone because he has signed and posted his acceptance of their offer, and on 7th October has received confirmation of his new mobile phone contract with them. Wajid has no binding contract with Webphone, as they rectified their error and sent no official documents for him to sign. It seems that Wajid now has no choice but to stick with the Savaphone contract to which he is now bound to, which is cheaper than that of Telecom. He would be advised to cancel his Telecom contract before his time runs out, and stick with the Savaphone deal. He need have no more dealings with Webphone because he has no binding contract with them. Wajid will be left with one mobile phone contract, which is cheaper than that which he originally had, so is better off now than before. He need not pursue any court proceedings for his mobile phone contracts, as he would not have a case against any of them. Advice to Wajid would therefore be to stick with his now binding Savaphone contract. Bibliography Law for Accountancy students 7th edition; Richard Card Jennifer James; Butterworths publishers 2002

Sunday, November 24, 2019

The Definition of Listening and How to Do It Well

The Definition of Listening and How to Do It Well Listening is the active process of receiving and responding to spoken (and sometimes unspoken) messages. It is one of the subjects studied in the field of language arts and in the discipline of conversation analysis. Listening is not just hearing what the other party in the conversation has to say. Listening means taking a vigorous, human interest in  what is being told us, said poet  Alice Duer Miller. You can  listen like a blank wall  or like a splendid auditorium where every sound comes back fuller and richer. Elements and Levels of Listening Author Marvin Gottlieb cites four elements of good listening: Attention- the focused perception of both visual and verbal stimuliHearing- the physiological act of opening the gates to your earsUnderstanding- assigning meaning to the messages receivedRemembering- the  storing  of meaningful information (Managing Group Process. Praeger, 2003) He also cites four levels of listening: acknowledging, sympathizing, paraphrasing, and empathizing. The four levels of listening range from passive to interactive when considered separately. However, the most effective listeners are able to project all four levels at the same time. That means they show theyre paying attention, they show interest, and they convey they are working to understand the speakers message. Active Listening An active listener not only pays attention but withholds judgment during the speakers turn and reflects on whats being said. S.I. Hayakawa notes in The Use and Misuse of Language that an active listener is curious about and open to the speakers views, wants to understand his or her points, and so asks questions to clarify whats being said. An unbiased listener ensures that the questions are neutral, without skepticism or hostility. [L]istening does not mean simply maintaining a polite silence while you are rehearsing in your mind the speech you are going to make the next time you can grab a conversational opening. Nor does listening mean waiting alertly for the flaws in the other fellows argument so that later you can mow him down, Hayakawa said. Listening means trying to see the problem the way the speaker sees it- which means not sympathy, which is feeling for him, but empathy, which is experiencing with him. Listening requires entering actively and imaginatively into the other fellows situation and trying to understand a frame of reference different from your own. This is not always an easy task. (How to Attend a Conference in The Use and Misuse of Language. Fawcett Premier, 1962) Impediments to Listening A basic communication loop has a message going from a sender to a receiver and feedback (such as acknowledgment of understanding, e.g., a nod) going from the receiver to the speaker. A lot can get in the way of a message being received, including distraction or fatigue on the part of the listener, the receiver prejudging the speakers argument or information, or a lack of context or commonality to be able to understand the message. Difficulty in hearing the speaker could also be an impediment, though thats not always the fault of the listener. Too much jargon on the part of the speaker can also impede the message. "Listening" to Other Cues When communicating, body language (including cultural cues) and tone of voice can also relay information to the listener, so in-person communication can send more layers of information about the topic being relayed than a voice-only means or a text-only method. The receiver, of course, has to be able to properly interpret the nonverbal signs to avoid subtext misunderstandings. Keys to Effective Listening Here are a dozen tips to being an effective active listener: Maintain eye contact with the speaker if possible.Pay attention and listen for ideas.Find areas of interest.Judge content, not delivery.Dont interrupt, and be patient.Hold back your points or counterpoints.Resist distractions.Pay attention to nonverbal information.Keep your mind open, and be flexible.Ask questions during pauses and give feedback.Listen with empathy to try and see the speakers viewpoint.Anticipate, summarize, weigh the evidence, and look between the lines.

Thursday, November 21, 2019

COMPARISON OF 2 ORGANISATIONS IN THE CASE STUDIES Essay

COMPARISON OF 2 ORGANISATIONS IN THE CASE STUDIES - Essay Example Barking Engineering (BE), established in the United Kingdom, maintains a much more developed managerial hierarchy, with this firm utilising a more traditional organisational structure built on managerial competencies and sizeable layers of management. BE assessed its internal environment, proposing the creation of various self-managed teams in order to improve plant functions. Despite BE leaderships best intentions, turnover ratios are high in this firm whilst employee motivation to perform is dismally low. These two distinctly opposite firms have adopted considerably different organisational hierarchies and have exhibited radically-different viewpoints regarding perceived employee competency. This paper will describe three elements of organisational philosophies: Teamworking, organisational design and organisational culture. Each of these business methodologies will be compared in relation to both Semco and Barking Engineering in order to determine which organisation has provided the most beneficial internal system of business. Semcos CEO, Ricardo Semler, heralds his business success as a profitable company, citing its liberal policies on democratic employee systems as a primary driver for its sustained success in its industry. Semco cites a significant initiative to remove unnecessary layers of management at the firm, allowing employees to work in relatively unmanaged teams whereby the employee-led groups undertake responsibility for virtually all elements of the business from product design to final product delivery. This system provides employees with an enhanced motivation to perform to company expectations, whilst experiencing autonomous work environments which allow employees to practically mould their own job descriptions. Semco has provided information pointing toward an organisation which has experienced tremendous success under liberal