Case study Business policy

The Midwest suburb dealer was once a top Daimler-Chrysler dealer for three years in a row ending 2007. During this time, the dealer was the envy of the entire Midwest car market because of its spectacular sales performance along practically all categories of vehicles. For so many years, the dealership was an apple of Chrysler’s eyes. At the end of the year 2008 however, the dealership dropped to the lowest rung in all 87 Midwest dealers.From a sterling performance of $1.2 billion group revenues in 2006, the dealership revenues slid to just $120 million during 2008 or just a mere 10 per cent of its peak performance. What happened to an erstwhile enviable dealer becoming a corporate issue of great proportions? The financials are obvious but what non-financial factors were responsible for the steep decline in revenues?The critical incidents: Pre 2005-2007The Midwest Chrysler dealer commenced business in May 1995 as a used car dealer starting off with a $2 million investment from the partnership of John Clarkson, an accountant by profession; and Stephen Howell, both in their early thirties.The partners agreed that John Clarkson will become the general manager for three years with the other partner Stephen Howell, a former used car salesman, becoming the general manager for three years as well starting 2003 to 2005 after which John assumes back the position from 2006 to 2009.The dealership did very well selling used cars up to 1999 when the partners found an opportunity to become an exclusive Chrysler dealer. From the $2 million investment, above industry returns jacked up total resources to $20 million by December 2001 and revenues of $50 million.   A sales force of 20 topnotch salesmen from competing dealers were recruited and formed into a cluster sales force of two and assigned in nearby counties and further beyond the state.Sales commissions were increased to 5 percent above industry to sustain the drive of the twenty account executives.   By the end of 2002, total revenues hit $86 million with total assets of $36 million. Upbeat sales were triggered by aggressive selling of both new and old line of cars, supported by aggressive financing from every financial services outfit available in the area.Motivated by the sales trend, the company further increased its sales force by another ten and covered nearby states of Missouri, Iowa, Indiana, Kentucky and Wisconsin, all considered bright areas for almost every Chrysler variant.Thanks to the aggressive sales force that dominated the dealership from 2002 to 2005.By the end of 2005, total corporate resources reached $140 million with revenues hitting $600 million. At this point however, several financing firms were starting to distance themselves from the Midwest dealer for one significant reason: the account executives have been referring subprime buyers, demanding and collecting bigger commissions, proposing too aggressive financing terms than before and threatening to form their ow n financial services group to siphon the good accounts and refer subprime accounts to the local financiers. The sales force was discovered to have favored certain financiers.The general manager at this point was Stephen Howell whose term started 2002 and ended 2005. It was he who conducted an aggressive hiring of account executives that generated the unprecedented revenues. Hiring of new employees was likewise intensified that bloated the dealer workforce by more than 30 non-productive employees without real assignments. Many of these workers were referred by the account executives.Howell accommodated these referrals without referring to the budget control systems adopted by the company, one of the several internal control systems put in place by Clarkson before he stepped down in 2002.   

Does Technology Make Us More Alone? Essay

Technology is supposed to make us more connected. We can stay in touch with our friends all the time on Facebook, Instagram, and Snapchat, and obviously by texting or messaging. But are our smartphones actually getting in the way of real socializing? Could technology be making us more alone? Even though technology helps us to communicate with people around the world but it also can make us become more isolated. â€Å"Get connected† is a phrase that we have grown accustomed to hearing and seeing in the 21st century. With technology developing faster than ever, the digital world is at our fingertips. Some might say that the introduction of social networking has helped to bring people closer together all around the world. Though our online communities may have a likeness to real-life societies, they are in fact nothing but numb conceptions of our day to day lives fuelled by self-pride and egoism. With our reliance on social media sites such as Facebook actually cutting us from real-life society, it is a sad truth that mankind is looking at a very forlorn and pitiful future. Instead of meeting someone in person and hanging out with them more, we tend to text or utilize our smartphones to talk to people. Technology makes us more alone because we are always depending on our phones and other technology; when we start to get too attached to our gadgets, we start to compare our life with the lives of others, and we just ourselves with the amount likes and followers someone else has. Besides, being lonely is a big deal. Research revealed that being lonely is even more dangerous to your health than being overweight. Loneliness can increase your risk of dying by 26%. According to The Independent, â€Å"Recent research indicates that this may be the next biggest public health issue on par with obesity and substance abuse.† Technology is great if we use it correctly with a certain limit, if we do not it is going to tear our lives apart if we become too attached to it. We are more focused on talking to someone thousands of miles away rather than someone who is right next to us. When we use technology constantly it makes it harder for us to interact with people in real life. The more time we spent on our phones and televisions the harder it will be for us to interact and talk to people in the real life. Research has shown that people who have lots of friends tend to be happier, healthier and they live longer than the ones who do not have many or any friends in real life. Many people build relationships online and for a while, they would not feel lonely but over time we will feel frustrated because we cannot interact with the other person face to face. We scroll through our Instagram in silence when we are in the car with your family. We text our friend instead of meeting them in person. It is easier for us to make friends virtually than in real life. This shows how attached we are to technology. Being too focused on a screen makes you forget the difference between being alone and being lonely. Technology negatively influences our social interaction, it makes people more socially awkward and lonely. In fact, a study by greater good suggests that â€Å"smartphone use may be taking a toll on our biological capacity to connect with other people†. Technology is affecting our society in a negative way, but that does not mean that we are going to stop using technology, it has come to stay. But it is up to us to decide how much we let technology domin ate our lives. At the end, it is always our decision if we want to see the world through a screen or your own eyes.

Business law case study Essay

This essay will discuss the Case study by firstly identifying four elements of contract, then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise, this essay will evaluate the knowledge of common law and agency relationship. QUESTION 1 a) Four essential elements of a contract should be Offer, Acceptance, Intention to create legal relations and Consideration. Firstly, offer, according to Adams(2012), is a full and clear statement of the terms†(p79) send to a party(the offeree) by another party(the offeror). Otherwise there could be a misunderstanding of an invitation to treat or negotiation which are similar statements. If an offer intends to be legally binding, acceptance, by which the offerees can show their agreement of all the terms of the offer, is needed. Acceptance needs to be valid and informing the offeror, while the terms should as same as the previous ones. Another element, i.e. consideration, aims to make sure the promise made is of value. As defined by Jones (2011), the consideration needs to give benefits to the one, who is suffering a loss at the same time. Last but not least, while making an agreement to be legally enforceable, intention to create legal relations is important. While judging whether it is a binding contract or not, the situation to make this contract needs to be considered, in other words, according to Adams(2012), contract made in a domestic or social environment will not be legally bound. Otherwise, if parties are willing to do a commercial agreement, it will be regard as legally bound(Jones, 2011). b) Mr. Martin need to pay the  £750 due to two reasons, based on three cases existed as judicial precedents, which are Stilk v Myrick(1809), Hartley v Ponsonby(1857) and Williams v Roffey bros(1990)One perspective is that there is an additional value within the new contract, though Mr. Martin and Bob the builder were being under a pre-existing contract. Hold that the old contract is not over, due to the other aspect of reason, Mr. martin needs to pay the extra money in order to avoid the loss. These afore-mentioned two points will be justified by cases. Stilk v Myrick(1809) indicates that a  captain promised the seamen extra money if they did successfully return back home. The court finally hold that the captain is not duty to pay the extra money because the old contract is existed as there is not of additional value. While Harley v Ponsonby(1857) was held that the captain needs to pay the extra money, though the situation is similar, because the court consider there is extra value added to the new contract, whilst the old contract is discharged. There are some similarities among these two cases and Mr. Martin’ s case. Mr. Martin also have an existed contract as both parties are agreed to terms of the contract, but comparing to Stilk’s case, Bob the builder suggest a sub-contract with consider an additional value, which is the value of Martin’s seafood. Meantime, because of the bad weather and sick crews, Marin need to pay extra money to ensure this additional value is secured, however, this does not means the old contract is over because the contract can be fulfilled though it may probably be expiry, as Martin has to pay extra  £750 in spite of the payment of the previous contract. On the other hand, in Williams v Rpffey bros, the claimant consider the loss of defendant if the task is not finished on time, so the defendant do have to pay the claimant the extra money as promised. In this case, Bob the builder consider the benefit of Martin so that they suggest the sub-contractor. As Mr. Marin accepted Bob’s counter offer and Bob help him avoid the loss of an amount of seafood. According to the precedent of Williams’ case, since new value to considered, Mr. Martin should pay the extra  £750. To be concluded, by referring to pre-existing duties, Mr. Martin is obliged to pay the extra  £750. c) Mr. Martin needs to pay the full  £750, as he violates the rule of part payment of debts. When consider the part payment of debt, it is necessary to concern the rule in Pinnel’s Case(1602), by which illustrated that part payment is not a sufficient consideration. Because debtors obtains a benefit with giving nothing of value to the creditors. In Marin’s case, Bob agreed to accept a lower payment( £350) in full settlement despite of any excuse Mr. Marin has used. Obviously, Mr. Martin got a benefit of  £400, whereas Bob gained nothing. Therefore, Mr. Marin provided no consideration in this case, because being sympathizing Martin’s bankrupt cannot gain more value for Bob. Since two parties failed to achieve benefits of two sides, the promise of  Bob is not binding. As a result, Martin has to pay the full  £750 as a legal duty. Apart from that, with regard of the classical High Trees House Case(1947), the principle of promissory estoppel by held that the claimants can acquire the arrears after the end of the war because they have the capacity of claiming the recover the previous price before the war started. However, they are prevented to take back the amount of arrears failed to pay because of their previous promise. In High Tress House Case, the promise was make on a real situation where two parties would consider their benefits therefore achieve benefits of both sides. Specifically, the defendants get the right of lease whilst the claimants obtained a number of profits. While in Martin’s case, no matter whether Mr. Martin have difficulties in his financial situation or not, there is still no consideration for Bob the builder, although Mr. Martin do have a benefit of saving  £400. Since there is no consideration exist, Bob is not obliged to obey the rule of promissory estoppel. To be summarised, by discussing the part payment of debt and promissory estoppel, it is responsible for Mr. Martin to pay the full  £750. As Promissory estoppel is on the doctrine of equality. QUESTION 2 According to PPP(n.d.), the common law is the law comprises the custom and judicial precedents of the courts. First feature of common law is that it is not codified, making it is not coming from the comprehensive legislation which is created through Parliament. Apart from EU enforceable law, common law depends on the distributed courts, in where legislative decisions are made. In other words, common law is the certain law made by judges. The decisions have been made in similar cases would become precedents, which mainly compose the common law. These precedents will be collected and recorded as historical documents or files over time. When coming up a new case, these precedents would be applied in the decision, which means precedents make future decision legally bound. Hierarchy has to be referred to when talking about the precedent, whereas not every precedent will be used in judging a new case. The precedent made in a higher court can be applied in a lower court, otherwise it will not be applicable. For example, a judicial decision, i.e. precedent, already made in court of appeal should be applicable in high court or county court, but a decision made in county  court should not obliged to follow for high court. On the other hand, the courts can overturn the decisions of those in same level. Last but not least, the common law make contract more freedom, which means there are few regulations to restrict contracts. Basically, everything could be acceptable even if there is extremely forbidden by law(Adams, 2012 and Jones, 2011). QUESTION 3 According to Adams(2012) and Jones(2011), the relationships between agency and principal are fiduciary ones. Basically, agents do not have legal right to payment unless the principal authorise the right. Generally payment must not be due until the agent have fulfilled the expected result of principal, otherwise, payment can not be used among any certain process on the relationship. However, agent can be regularly paid when agreement express willingness of both sides. Another right of agent is to claim indemnity if there is any expenses incurred when agent conduct the authority, no matter the agent is gratuitous or not. On the other hand, agents do have duty to possess reasonable care and skill, moreover, an agent with professional or trade skill is expected to preserve the skills as conducting a trade or profession. Then, a contractual agent must carry out the agreed tasks and the whole process of achieving the result should follow the principal’s orders. Therefore, an agent needs to perform his duties himself. The performance of the duties cannot be delegated to any third party. Likewise, the agent is required to be accountable for any profits arising from the performance of the duties and to record the benefits of exercises of authority. Besides, an agent has duty to avoid the possibility of being conflict of interest without principal’s permit, though agent must not sell his own property or shares to principal. Last but not least, an agent not only cannot take any form of bribe, but also cannot make secret profit, whereby the principal can dismiss the agent and make the contract voidable for fraud. In conclusion, case study has been discussed by applying the related law knowledge in terms of consideration of contract particularly. Therefore, basic explanation of common law and, duties and rights within agency relationship are demonstrated. Bibliography Adams, A (2012), Law for business students(7th ed), London: Pearson Education Limited. Public private partnership(n.d.), Key features of common law or civil law systems, Available at: http://ppp.worldbank.org/public-private-partnership/legislation-regulation/framework-assessment/legal-systems/common-vs-civil-law. (Assessed 22 February 2014) Jones, L (2011), Introduction to Business Law, New York: Oxford University Press. Central London Property Trust v High Trees House (1947) KB 130, 44, 53, 110, 119, 595 Hartley v Ponsonby(1875) 7 EL BL 872, 106 Pinnel’s Case (1602) 5 Co Rep 117, 108, 109, 117, 595 Stilk v Myrick (1809) 2 Camp 317, 106, 107, 589 Williams v Roffey Bros (1990) 1 ALL ER 512 CA, 107-109, 118, 119

The Authenticity of Ones Identity Created by the Passport Term Paper

The Authenticity of Ones Identity Created by the Passport - Term Paper Example As Hall maintains, "perhaps instead of thinking of identity as an already accomplished fact, which the new cultural practices they represent, we should think, instead, of identity as a 'production', which is never complete, always in process, and always constituted within, not outside, representation." (Hall, p. 222). In a close analysis if Hall's view, it becomes clear that the very authority and authenticity to which the term 'cultural identity' lays claim are challenged here and it opens up a dialogue or an investigation on the topic of cultural identity and representation. A reflective analysis of Diaspora in relation to identity, particularly investigating whether an individual's passport defines who he is, makes it obvious that, with so many culturally diverse people and people born and living outside their native countries, a document stating one's name, date of birth, sex and place of birth simply cannot define the person. Â  In order to comprehend the relationship between Diaspora and identity, it is fundamental to have a critical, reflective, and unambiguous application of the term 'diaspora' as against the uncritical, unreflective application of the term to any and all contexts of global displacement and movement. When thinking through the category of diaspora and its connection to geopolitical entities such as nation-state, it becomes fundamental to consider the important role of nation formation and construction in the modern world. "Mass migration movements, the multiple waves of political refugees seeking asylum in other countries, the reconfiguration of nation-states demand that the concept of nationhood take account of the specific geopolitical circumstances that precipitate the movement of people and communities in the late twentieth and early twenty-first centuries." (Braziel and Mannur, 2003, p. 3). While cultural and literary critics have been increasingly concerned with how to rethink co ncepts of nationhood and national identity, it is essential that such critical analyses incorporate contemporary forms of movement, displacement, and dislocation - from travel to exile. Indeed, these questions are inextricably linked to a theorization of Diaspora. In a critical analysis of contemporary forms of movement, displacement, and dislocation from travel to exile, in relation to Diaspora and identity, the role of passport in order to define one's identity comes into question. Thus, it is fundamental to analyze whether our passports can define who we are because such critical investigations can reveal different aspects of Diaspora in relation to identity. In the context of the modern world with numerous culturally diverse people and people born and living outside their native countries, the passport which is a document stating one's name, date of birth, sex and place of birth, simply cannot define a person or his cultural identity. Â  In the modern world of globalization, one's identity is mainly determined by one's passport, which is a document stating one's name, date of birth, sex and place of birth, and the authenticity of such a document in defining one's identity in relation to Diaspora is generally questioned.

Environmental agency Case Study Example | Topics and Well Written Essays - 10000 words

Environmental agency - Case Study Example Economic competition on a global scale brought about by the movement towards globalization has also contributed immense pressures on the environment. This is also argued in the context that sustainable development among poor nations had been a difficult task, given the tendency of these countries to undertake exploitive economic activities (mostly through extractive industries such as mining, forestry and agriculture). The depletion of their natural resources have only given these underdeveloped countries temporary economic activities which would disappear as soon as their resources have been depleted. It is often perceived that free trade and globalization only benefits those whio have the financial leverage, and at the expense of those who do not. Among the Third World countries facing such problems in terms of environmental degradation and growing economic pressures in the face of an ever-increasing population is the Philippines. A prime example of the high price the country has to face in its struggle for economic survival is the plight of the Pasig river. The Pasig River is the main river system in Metro Manila. Technically an estuary channel, its 25-kilometer stretch connects the large lake known as Laguna de Bay to Manila Bay. Laguna Lake is one of the largest freshwater lakes in the world had for centuries been a source of food, raw materials and the site of various economic activities. ... In the wet season when water elevation in the lake is higher than that of Manila Bay, the natural channel flow is from the lake emptying into the sea. The river is an invaluable ecosystem linking the lake and the sea. It is among the Philippines' numerous irreplaceable natural resources. Fish have spawned and their fries and fingerlings have been nurtured by the mineral-rich contents of this estuarine channel. Settlements have long occupied portions of the Pasig River even before the Spaniards colonized the Philippines. It served as the main highway among settlements located along its banks and functioned as the umbilical cord to other settlements within the interior locations both near and distant from Laguna de Bay. Like many rivers all over the world, the Pasig River has suffered from abuse and neglect. The Pasig River and its tributaries have long been pressed into service and these have taken their toll on the river. The once pristine and sparkling waters which provided clean drinking water to the elegant Spanish villas lining its banks has now been transformed into a virtual waste basin for an economically struggling industrial center that serves as the heart of a nation. More than 300 factories and 10,000 households have replaced the dainty native huts and romantic Spanish villas of old. The sweet and quenching waters have become a reeking soup of industrial and domestic wastes. The once abundant fish and plant life have been replace by only the toughest of scavengers, both animal and human alike. It is estimated that 330 tons of domestic and industrial wastes are discharged into the river every day. This

Productive and Counterproductive Behaviors Paper Essay

Productive and Counterproductive Behaviors Paper - Essay Example For example, an employ who is ready to work overtime for the completion of certain project will definitely improve the productivity of the organization. On the other hand the one who never finishes his work in time will always be a burden to the organization. Even a single employ can sometimes spoil the entire production activity of a manufacturing unit. Absenteeism, accidents, deviant behaviors, and turnover are some of the counterproductive behaviors. (Salgado) Unnecessary and uninformed absenteeism can create problems to the overall activities of an organization since the manager needs to find substitutes only at the last moments and may be forced to postpone certain activities which will reduce the productivity of the organization. Deviant behaviors such as breaking company rules and norms, turnover behavior such as slow adaptation to labor scheduling to cover lost productivity etc can affect the organization drastically. Making helpful comments during discussion, making notes (or other writing) to organize efforts, exhibits aggressive attention to detail, exhibits constant and effective creative thinking, exhibits leadership, skillful time management, punctual (starts work on time) works to end of time; doesnt knock off early doesnt wander or distract during work time etc are productive behaviors. (Productive Behaviors) An executive who is working in Production Planning Control (PPC) department of an organization is responsible for planning the entire production activities of a shift based on the inventory he has taken. If he fails to record the correct inventory his planning will go wrong and hence the entire production activities will be disturbed due to poor planning and the organization’s productivity in that shift will be reduced considerably. On the other hand another planning executive who is able to

Business law Essay Example | Topics and Well Written Essays - 500 words - 13

Business law - Essay Example 150). The Islamic doctrine would however not apply under the CISG because the convention overrules application of regional laws in international transactions (Schaffer, Agusti and Earle, p. 120). In the case, Bende made a contract with Ghanaian government for deliverables at a price of $ 158500. He then subcontracted to Kniffe who was to deliver the goods at $ 95000. Kniffe however failed to make delivery as the carrier train had derailed. Kniffe’s claim that the contract had been rendered impracticable is valid because the train wreck was unforeseeable and beyond his control. However, the performance is not excused because of the no force majoure clause that was contained in the contract sustains liabilities. The wreck was however unforeseeable (Fox, p. 143). Bende would be entitled to damages of $ 44685. This would include lost profit to which he would be entitled. This is due to compensatory damages doctrine that provides for a party’s restoration to the position he would have been had a contract been fulfilled. This includes profitability (Fox, p. 60). If the parties had agreed that Kniff would merely ship the goods then the risk would shifted from Kniff to either the buyer of Bende, depending on the original contract because property would have transferred to him (Schaffer, Agusti and Earle, p. 728). The importer is likely to win the case. This is because of two factors, the open price term of the contract and the force majoure clause that applies to contracts that have been rendered impossible. Under the open price term, the distributer is bound by the contractual terms that were entered into during contract formation. The force majoure clause also suspends any liability over contractual obligations when activities have been rendered commercially impossible. Adversely unfavorable currency fluctuation, being identified as a factor towards the clause, therefore releases both parties from any liability from the contract. Consequently, the