...Assignment Task 1: The Advertisement - Term of contract, Misrepresentation or Mere Opinion? The initial issue is to classify the University of Kew’s advertisement that induced Brad to enter into a contract. If it constitutes a term of the contract, then contractual remedies would be awarded if there was a breach[1]. If it is a misrepresentation, then Brad would be provided with remedies for common law misrepresentation. However, if it is a mere statement of opinion or a prediction about the future, then it would have no legal consequence[2]. In JJJ Savage & Sons Pty Ltd v Blakney[3], the purchaser was denied damages, even when he was induced to enter into the contract by a non-promissory statement. Therefore for a statement to be classified as a term of contract, the parties must have intended it to be promissory in nature. Although the courts take into account a number of other factors to define the terms of contract[4], the advertisement is unlikely to be considered as a promise. Furthermore, had the advertisement not been included in the subsequent written contract, the parol evidence rule makes it even harder for Brad to pursue his right under contract. A misrepresentation is a false statement of fact, which allows Brad the right to rescind the contract[5]. Damages are also available if the university did not believe the truthfulness of the presentation[6]. However, the university’s liability regarding misrepresentation was excluded by the exclusion clause, which...
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...Product Liability and Legal Ramifications Christopher M. Branch MBA 5861 New Product Marketing 08/13/2013 Christopher Branch MBA 5861 Term 1A Dr. David Castle 08/13/2013 Product Liability and Legal Ramifications The next time you walk into a retail store like Wal-Mart, Target, Home Depot, Office Depot, Babies R’ Us/Toy R’ Us, you will see a board, typically in plain sight of the viewing public, with sheets of papers titled “Product Recall” or Safety Recall or something of the like. Recalled items run the gamut of consumers good and are generally recalled because of a safety or health concerns. The Food and Drug Administration regularly issues recalls or public safety notices for Medical Products, Pharmaceuticals, Tobacco, and contaminated food items. Product Liability is the responsibility of manufacturers, distributors and sellers, they are expected to act in the best interest of the public; to deliver a product free of defects which can harm an individual or persons; and to make good on that responsibility if their products are defective. These can include faulty auto brakes, contaminated baby food, exploding bottles of beer, flammable children's pajamas, or lack of label warnings. The key element in products liability law is that a person who suffers harm from a product need not prove negligence, since the negligence is "presumed" and the result is "strict liability" (absolute responsibility) on the seller, distributor and manufacturer. An injured person...
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...HANS PRINCE DOHERTY Forensics Journal Research and Review Table of Contents Title page 1 - 1 Journal-Research 1 - 20 Appendices 21 - 23 References and Bibliography: 24 - 25 Environmental Management Accounting (EMA) versus Environmental Financial Accounting (EFA): If so, what is the significance of knowing the better accounting method to use when identifying environmental cost? It has become indispensable for companies to increase their responsibility regarding all facets of the environment and to acclimatize existing practices to cause limited environmental impairment; more especially at this present time when stakeholders linger ‘bitterly’ about how corporate failure have influence organization’s environmental performance and measurement issues. Yoking this emergent obligation within the corporate sector is consequently a strategic component in any strategy for accomplishing the goal of sustainable development; and evaluating the viability of such a strategy requires both the resolution of scientific...
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...Can WikiLeaks be Found Guilty of a Crime for Its Release Of the Iraq War Materials, Afghanistan War Materials and Diplomatic Cables? In 2010, WikiLeaks released three large groups of information – classified documents concerning the Iraqi war, classified Pentagon documents concerning the conflict in Afghanistan, and U.S. State Department diplomatic cables. There was an outcry from members in the U.S. government, U.S. lawmakers, and U.S. citizens as they questioned how WikiLeaks could have legally obtained and released this information. There were also those who applauded WikiLeaks and saw them as part of the new media, simply carrying on the struggle between the people’s right to know versus national security. In this new Internet age, where data can be immediately published to an enormous audience from anywhere in the world with the simple push of a button, and where wars are no longer declared on a country but on generalized “terror,” is a site like WikiLeaks protected? WikiLeaks Background WikiLeaks states on its website: WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. We provide an innovative, secure and anonymous way for independent sources around the world to leak information to our journalists. We publish material of ethical, political and historical significance while keeping the identity of our sources anonymous, thus providing a universal way for revealing of supposed and censored injustices. WikiLeaks...
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...LECTURE ST. THOMAS UNIVERSITY SCHOOL OF LAW FALL 2012 DISTINGUISHED SPEAKER SERIES WHAT MUST WE HIDE: THE ETHICS OF PRIVACY AND THE ETHOS OF DISCLOSURE ANITA L. ALLEN' I. INTRODUCTION We live in an era of persotial revelation. We are preoccupied by seeking, gathering, and disclosing information about others and ourselves. In the age of revelation, individuals and enterprises are fond of ferreting out what is btiried away. We are fond of broadcasting what we know, think, do, and feel; and we are motivated by business and pleasure because we care about friendship, kinship, health, wealth, education, politics, justice, and culture. A lot of this has to do with technology, of course. We live at a historical moment characterized by the wide availability of multiple modes of communication and stored data, easily and frequently accessed. Our communications are capable of disclosing breadths and depths of personal, personally identifiable, and sensitive information to many people rapidly. In this era of revelation—dominated by portable electronics, intemet social media, reality television, and traditional talk radio—^many of us are losing our sense of privacy, our taste for privacy, and our willingness to respect privacy. Is this set of losses a bad thing? If it is a bad thing, what can be done about it? My refiections on these questions begin with a series of diverse examples from the past several years. The examples illustrate the emergent ethos of our revelatory era. The first...
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...------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Assessment 3 ------------------------------------------------- Working Across Difference With Transgender ------------------------------------------------- And Transsexual Individuals ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Student Name:------------------------------------------------- ------------------------------------------------- | ------------------------------------------------- Clare J Clayton | ------------------------------------------------- Student Number:------------------------------------------------- ------------------------------------------------- ------------------------------------------------- | ------------------------------------------------- S2847347 | ------------------------------------------------- Date Submitted: | ------------------------------------------------- ...
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...Falk July 17, 2007 Introduction Although child exposure to domestic violence is quite prevalent, a review of academic literature reveals few studies focused on the experiences of children living with a batterer’s violence. The search did not reveal any studies that focus on how children experienced an intervention by the child welfare community. Further research is needed to provide a voice for the victims and fill the information gap that currently exists. This research study will focus on the lived experiences of children exposed to domestic violence and the interventions, if any, they received. The intervention might have come from a child protection worker, a teacher, or a shelter program advocate. Uncovering this information will provide useful considerations for current and future interventions. Ultimately, it can lead to determining best practices. An intervention should be “just right” for each specific child and reduce any further trauma. Additionally, the intervention should allow the child to have a better understanding of domestic violence, provide more safety, encourage resiliency, and strengthen the bond with the non-offending parent, who is a victim as well. By interviewing adults who were exposed to a batterer’s violence as a child, but later decided to enter the child welfare profession, this research study will provide informative detail about interventions that are both helpful and available in our community today. Literature Review Prevalence...
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...47688_CH04_077_110.qxd 3/9/05 4:51 PM Page 77 CHAPTER 4 Workplace Communication Kristina L. Guo, PhD and Yesenia Sanchez, MPH Learning Outcomes After completing this chapter, the student should be able to: 1. Describe the communication process. 2. Understand the importance of feedback in the communication process. 3. Understand various verbal and nonverbal methods of communication. 4. Understand the common barriers to communication. 5. Utilize various methods to overcome communication barriers. Kristina L. Guo is an Assistant Professor of Health Services Administration in the Stempel School of Public Health at Florida International University in Miami, Florida. Professor Guo graduated from Florida International University with a PhD in Public Administration in 1999, and she holds a Masters in Public Health from the University of Miami. Prior to joining the Florida International University faculty, Dr. Guo accumulated extensive experience in the healthcare field. She was the Assistant Director of the University of Miami’s intellectual property division, where she conducted market and patent research and analyses. As the manager of several physician practices, she was responsible for formulating and implementing strategies to increase the organization’s viability and growth potential. She teaches health services management, organizational behavior, and health policy. Her primary areas of research are healthcare policy and management, where she has developed...
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...Measuring the Cost of Cybercrime Ross Anderson 1 Chris Barton 2 Rainer B¨hme 3 o Richard Clayton 4 Michel J.G. van Eeten 5 Michael Levi 6 Tyler Moore 7 Stefan Savage 8 Abstract In this paper we present what we believe to be the first systematic study of the costs of cybercrime. It was prepared in response to a request from the UK Ministry of Defence following scepticism that previous studies had hyped the problem. For each of the main categories of cybercrime we set out what is and is not known of the direct costs, indirect costs and defence costs – both to the UK and to the world as a whole. We distinguish carefully between traditional crimes that are now ‘cyber’ because they are conducted online (such as tax and welfare fraud); transitional crimes whose modus operandi has changed substantially as a result of the move online (such as credit card fraud); new crimes that owe their existence to the Internet; and what we might call platform crimes such as the provision of botnets which facilitate other crimes rather than being used to extract money from victims directly. As far as direct costs are concerned, we find that traditional offences such as tax and welfare fraud cost the typical citizen in the low hundreds of pounds/Euros/dollars a year; transitional frauds cost a few pounds/Euros/dollars; while the new computer crimes cost in the tens of pence/cents. However, the indirect costs and defence costs are much higher for transitional and new crimes. For the former they may be...
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...[Author] [Institution] Introduction Globalization Over the recent decades, particularly after the fall of the Iron Curtain, the methodology of globalization got quicker and popular in so many economies. The most capable variable of globalization is finance, showed in the vicinity of transnational partnerships working in numerous nations and utilizing the new verifiable conditions further bolstering their good fortune. Globalization has an impact on virtually every aspect of our daily lives. For example, the clothes that we buy from a local retailer, incoming network Woolworths; can be manufactured in Australia or China. Entering into an outside business sector is similar to running across new domain for entrepreneurs. Remote nations have diverse laws, economies, business methodologies and coin. Social contrasts can additionally obstruct a nation's prosperity. Despite the fact that each business ought to suspect a tremendous learning bend, entering a remote business sector could be simpler with the reception of a couple of techniques (Krishna, 2005). Coca Cola One of the most popular carbonated drinks in stores, restaurants, and confection machines is coca cola and not just in one or two countries but it has got its operations worldwide. It is conveyed by The Coca-Cola Company of Atlanta, Georgia, and is customarily suggested fundamentally as Coke (an enlisted trademark of The Coca-Cola Company in the United States since March 27, 1944). In the first place...
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...------------------------------------------------- Strategic Management ------------------------------------------------- David Jones [Type the abstract of the document here. The abstract is typically a short summary of the contents of the document.] Table of Contents Executive Summary 3 Introduction 4 Business Environment Analysis 5 Macro Environment 5 Economic Factors 6 Environmental Factors 7 Legal factors 7 Technology Factors 8 Societal values and lifestyles 8 Micro Environment 9 Bargaining Power of Suppliers 9 Bargaining Power of Customer 10 Threat New entrants 10 Rivalry firms 11 Substitute Products 11 Internal environment analysis 12 Core Competencies 12 Strategies and Implementation 14 E-commerce Strategy 14 Pricing strategy 15 Differentiating strategy 16 Location strategy 16 Challenges facing Business environment 17 Uncertainty 17 Unemployment 17 Recommendation 18 Conclusion 19 Executive Summary The purpose of this report is to identify and explain the core concepts of strategic management of a retail industry, David Jones. In conducting this research, academic journals, textbooks, David Jones’ company reports and online news are used as the sources of information. This report analyses the external environments such as macro-environment and industry environment as well as examine the internal core competencies, using PESTEL model and Porter’s Five Factors. Moreover, core strategies and their application will...
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...Psychological Operations (PSYOPs): A Conceptual Overview Sunil Narula Abstract The psychological dimension of a conflict is as important as its physical dimension and psychological Operations (PSYOPs) have become even more relevant in this age of information, especially for a nation-state where the threat in the socio-psychological domain is more pronounced. While combating the menace of terrorism, the psychological dimension assumes great significance, as terrorists use violence as a psychological weapon by terrorising the multitude, rather than physically affect a few, and in this sense, they fight a psychological war also. The relevance of psychological operations is much greater than the successful conduct of tactical operations. This article is an attempt to conceptualise the term PSYOPs in the Indian context. The changed dynamics of international relations following the end of the Cold War and changes in the South Asian strategic landscape, postSeptember 11, have made PSYOPs more relevant for the region. It is also important to know that differences between various related concepts like Propaganda, Information Warfare, and Perception Management are waferthin, and may lead to contested perceptions amongst various agencies working under the overall ambit of national security, if not viewed in the current perspective. Therefore, clarity of the concept will set the stage for an effective implementation of policies and help in setting up of a policy structure in India (which...
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...AMRITA BUSINESS SCHOOL, BENGALURU | MICROFINANCE INSTITUTIONS | MARKET RESEARCH PROJECT | | | Contents LIST OF TABLES 2 INTRODUCTION 2 WHY MICROFINANCE? 3 MICRO FINANCE SERVICE PROVIDERS 4 THE EMERGENCE OF PRIVATE MICROFINANCE INDUSTRY 4 MICRO FINANCE IS ALL AROUND US 5 LITRETURE REVIEW 6 SUMMARY OF Y. H. MALEGAM COMMITTEE REPORT 2011 14 Why Malegam Committee Report was Set up? 15 Key recommendation 16 PROFIT AND NON PROFIT ORGANIZATION 21 Differences between for-profit MFI’s and non-profit MFI’s 23 For Profit MFI 23 Non Profit MFI 24 METHODOLOGY 25 CAPITAL STRUCTURE AND ASSET ALLOCATION 25 DEPTH AND BREADTH OF OUTREACH 27 EFFICIENCY 28 PRODUCTIVITY 29 QUALITY OF THE PORTFOLIO 31 ANALYSIS OF NUMBER OF ACTIVE BORROWERS 33 PROFITABILITY AND SUSTAINABILITY 35 CONCLUSION 36 REFERENCES 36 LIST OF TABLES Table 1 Table of Comparision 12 Table 2 Comparison of Debt Equity Ratio 25 Table 3 Debt Equity Ratio 26 Table 4 Comparison of Depth and Breadth of MFIs for the year 2012 with 2010 27 Table 5 Comparison of Depth and Breadth of MFIs for the year 2011 with 2010 27 Table 6 Operating Expense / Loan Portfolio 28 Table 7 Industry Standard for Operating Expense / Loan Portfolio 29 Table 8 Productivity of MFI’s for the year 2010 29 Table 9 Productivity of MFI’s for the year 2011 30 Table 10 Industry standards for year 2010 30 Table 11 Quality of portfolio for the year 2010 31 Table...
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...The collective problem of business today is increasingly attributed to the failure of corporate governance. This means that far too many boards are failing to execute their duties responsibly, both collectively and individually. Despite increasing awareness, there is a general lack of understanding of the principles of effective corporate governance in most quarters. The study sought to assess corporate governance issues and challenges for non governmental organisations. The study takes a point of departure in explaining how non governmental organisations can adapt and adopt effective corporate governance practices viz- a- viz, how NGOs can adapt and adopt to corporate governance. Several non governmental organisations do not observe good corporate governance and this to the collapse of many. There are no set rules that are binding and which establish the ways in which organisations have to govern themselves. Most non governmental organisations pay less attention to mandatory conditions and frameworks for good corporate governance and they have found themselves collapsing and in some cases facing the dilemma of donor flight. Effective governance and accountability begins in one’s organisation, no...
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...No Peace WiThouT Justice Closing the gap The role of non-judicial mechanisms in addressing impunity Closing the gap The role of non-judicial mechanisms in addressing impunity No Peace WiThouT Justice No Peace Without Justice Copyright 2010 © No Peace Without Justice Via di Torre Argentina 76, I-00186, Roma, Italy www.npwj.org Permission to reproduce and distribute this document is hereby granted provided that this notice is retained on all copies, that copies are not altered and that No Peace Without Justice is credited. This publication is also available at www.npwj.org. No Peace Without Justice is an international non-profit organisation founded by Emma Bonino and born of a 1993 campaign of the Transnational Radical Party that works for the protection and promotion of human rights, democracy, the rule of law and international justice. NPWJ undertakes its work within three main thematic programs: International Criminal Justice; Female Genital Mutilation; and Middle East and North Africa Democracy, including specific work on Iraq. NPWJ is a Member of the TRP Senate, a Member of the Steering Committee of the NGO Coalition for the International Criminal Court and the Italian civil society partner in the Democracy Assistance Dialogue. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of No Peace Without Justice and can in no way be taken to reflect the views of the European...
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