ShantanuT01/DACTYL-Pretraining huggingface dataset:
Introduction A contract intends to make formal agreements between two or more parties. The parties could be individuals or legal entities. As such, the most basic element of a contract is its nature to be mutual. A legally binding contract therefore should not be borne out of coercion. Contracts also ought to have an offer and acceptance element. Another major element of a contract is the mutual exchange of something of value in terms of either critical information or payment. In this sense, the client is obligated to offer critical information with regard to the contract. This paper will critically analyze a case study of a contract between Huang, a Malaysian businessperson, and Bill, an Australian builder. The main purpose of seeking compensation of damages resulting from a breach is to put the innocent party in its initial position if the breach had not occurred in the first place. The motivation for the study is to offer Huang advice on his legal and contractual rights. An overview of contracts of business issues Traditionally, it was a normal practice that consequential losses, as in the present of Huang, were equated to the second facet of Hadley v Baxendale. This was the case in the English cases of Millar’s Machinery Co Ltd v David Way and Sons (1935) 1 . The case of British Sugar Plc v NEI Power Projects Ltd (1997) 2 and Hotel Services Ltd v Hilton International Hotels (UK) Ltd [2000] 3 . In Australia, there has been a departure from this legal norm. Courts in Victoria and New South Wales have been of the view that it is wrong to equate consequential damages to the second facet of Hadley v Baxendale. In the recent case of Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd [2008]: 4   * The court held that consequential loss ought to imply ‘anything beyond the normal measure, such as profits lost or expenses incurred through breach’.   * The words expressing the contract ought to take ‘ordinary and natural meaning’ though regard may be given to contextualisation Facts of the Contract Huang submits a tender to a manufacturing firm and his tender is accepted. He is also given a 1 st November deadline to have completed the garage and the workshop. Huang contracts, Bill, a builder in Melbourne, to construct the workshop and the garage. He explains to Bill that he needs the garage and the workshop complete by 1 st of November. However, he does not disclose exactly why he needs it ready by the said date. Due to delays on Bill’s part, the garage and the workshop are not completed by the 1 st of November. Thus, Huang loses the supply contract and suffers a loss of 150,000 Australian Dollars. Huang contemplates suing Bill for breach of contract and claiming the lost sum of money from Bill. Issues of Concern Legal provisions that gov
Case Summary The case of Trans World Airlines, Inc. v. Hardison is concerned with the failure of the employer to accommodate the employee’s religious observance day. The plaintiff, Hardison, was an employee at Trans World Airlines and a devoted Jew who observed Sabbath every Saturday. According to the Jewish traditions, the seventh day of the week, Saturday, is a rest day during which the followers of Judaism are not allowed to do any work. As Sabbath, or Shabbat, is a holy day in Judaism, it was important for Hardison to be able to work shifts that would allow him to be free on Saturdays. Trans World Airlines maintained a seniority system that would allow each worker to have a certain level of priority when choosing his or her shifts. For some years, Hardison worked at a department of TWA which presented him with a level of seniority enough to choose the shifts that allowed his observance of Shabbat. However, after willingly changing jobs, his seniority level was no longer enough to give him the necessary freedom to not schedule shifts on Saturdays. Although the company sought to accommodate Hardison’s religious needs, it was unable to accept his proposal to only work 4 days a week. Hardison’s refusal to work on Saturdays eventually caused him to be terminated. The plaintiff claimed that the company failed to accommodate him and violated Title VII that protects individuals from religious discrimination. However, the court concluded that TWA made a reasonable effort at accommodating Hardison and granting him the request to work four days a week would detriment the function of his department due to them being short-staffed. Nevertheless, the Court of Appeals claimed that TWA did not make sufficient effort of offering alternative solutions to Hardison’s scheduling problem and rejected three reasonable alternatives. Regardless of the apparent potential hardships the company claimed, it could have offered Hardison’s Saturday shift to another employee for an overtime pay. Nevertheless, breaking the seniority rules for one employee, no matter the little individual cost, would set a precedent for future cases. Therefore, granting Hardison special treatment would have led to TWA having large costs in the long-run. Regardless, the Court of Appeals deemed TWA liable for not having made a sufficient effort to accommodate Hardison. Case Questions The alternatives suggested by the court of appeals There were a few alternatives that were offered by the Court of Appeals for the TWA in the case of Hardison’s scheduling conflict. However, for several reasons none of these alternatives were viable in the long-run and therefore, TWA should not have been held accountable for its decision to terminate Hardison. Firstly, allowing the plaintiff to work four days a week would have caused a short-staffing situation and would put unnecessar
It should be understood that interpersonal relationships have been the basis upon which people relate. This means that the success of any interaction and relations that people might have depends on interpersonal relationships. There are certain aspects that make people to be attracted to others which enable them to establish rapport. In fact, it can be said that we are attracted to different people because of various social reasons. All in all, this should always revolve around positive social attitudes. When this is ultimately combined with regular interaction, there is always some sense of familiarity. A sense of familiarity is mostly developed when people interact every now and then which is good as far as interpersonal relationships are concerned. Familiarity will always lead to attraction which can be proven beyond reasonable doubt (Reis, 2010, p. 23). We are known to be social beings and this is an aspect that will occur naturally as far as interpersonal relationships are concerned. Interpersonal relations form an integral part of our lives which has puzzled many people. This is because of its perceived complexities that have continued to emerge as time goes by. It should be known that it is a wonderful experience to be in a relationship and this is what makes interpersonal relationships an integral part of our lives. In fact, good relationships should be fulfilling to both parties based on aspects that make up good interpersonal relationships. As much as it has been argued that familiarity leads to attraction, there have been cases where strangers get attracted to each other. In this case, we can say that strangers can also get attracted to each other because of the urge to known others (Reis, 2010, p. 46). This is mostly based on curiosity that an individual might be having towards the other. Such cases are very practical because we have had cases where there are people who might fall in love yet they are not familiar with each other. Social dimensions revolve around various aspects and this explains why there are different reasons that make people to be attracted to each other. This is mostly in relation to social attraction. Similarity is a very good aspect because it encourages attraction. In this case, we can say that somebody will be comfortable in the company of an individual he or she is familiar with. There is always an urge to know somebody whom you have never met before which encourages interaction. In fact, we can say that when you interact, you will always find out some similarities that can blend well with you. Attraction takes place across a big social divide which is based on different believes and attitudes that individuals might have. It is your personal decision to decide people whom you can relate with well. This does not rule out the option of people getting attracted to individuals whom they have never met before (Reis, 2010, p.78). In this case, it is undeniable that we can
Pandemics are a source of concern to any society in the contemporary world. They can either be man-made or natural. Regardless of their type, disasters pose a risk to human life and property. Avian flu is one such form of natural disaster that can wreck havoc in the society. Also known as the avian influenza, the condition is brought about by naturally occurring viruses. The micro-organisms (Type A virus), are usually found in wild aquatic birds, domestic poultry, and other animal and bird species (Centers for Disease Control and Prevention [CDC], 2014). In this paper, the author reviews two emergency scenarios involving avian flu outbreaks. In the first case, an occurrence of the pandemic in Chicago is analyzed. The parties in command of the response to the outbreak, as well as the coordination of activities of the various state and local agencies are some of the issues addressed in this scenario. In the second case, an outbreak in the larger state of Illinois is outlined. The author of this paper recommends several epidemic control steps to deal with the issue. The legal authorities involved in the response plan, as well as various factors that determine the success of the proposed plan, are some of the other areas analyzed in this section. An Emergency Scenario in Chicago, Illinois The Pandemic Under normal circumstances, avian flu does not affect humans. However, the virus can cause a serious pandemic if it finds its way into the human population. Such a case was reported in the 1918 ‘Spanish flu’ epidemic. Healthcare providers in Chicago have noted a growing number of individuals seeking health services as a result of symptoms associated with avian flu. After a careful follow-up, the authorities have determined that an influenza pandemic is developing. Taking Charge of the Incident The Illinois Department of Public Health would command the avian flu response initiative. The agency is tasked with the responsibility of addressing health issues in the state. The Department of Homeland Security (DHS) would be responsible for the coordination and the overall federal response to the avian flu (Homeland Security
Introduction Coach was established in New York in 1941 as a family business. The company has grown steadily since then to become the household name we know today. Capitalizing on its high quality merchandise, Coach has won many customers from all over the world. The success of Coach has been a result of competent leadership as well as research. Currently, Coach’s clienteles include children, women, and men from all races, religions, and nationalities (Sherman). In line with its business objectives, Coach as employed high profile advertisement campaigns that have continued to expand its markets. Celebrity endorsements and fashion expert recommendations have also played a great role in Coach’s success. Coach has a variety of leather products ranging from wallets, purses, backpacks, and handbags. Lately, their handbags and purses have turned into big sales. Coach’s designer purses have gained unrivaled popularity among women. Though expensive, their eye-catching designs and gracious colors are a combination any woman cannot avoid. Possessing coach’s designer purse has many advantages. To start with, it is a means of saving money in the end. A coach’s designer purse may be expensive to acquire, but it is of high quality and very durable hence you can use it for a long time. On the other hand, cheap purses are weak and cannot be of service for a long time. That means that you may have to buy several cheap purses in the life span of only one Coach’s designer purse. Therefore, purchasing of a Coach’s designer purse saves you the trouble of having to budget every single time. Secondly, Coach’s designer purses never lose their value. Since the products are of high quality, they can serve a customer for a long time without losing their shape color, or special effects such as texture. This means that if a customer has used the purse for a considerably long time and finds it not interesting anymore or out of fashion, she may give it out to others who cannot afford it. In such a case, she would be adding value to the person’s life and would be satisfied as the purse, in the state she considered not good, still added a smile to someone’s face. The purses are also confidence boosters. Human confidence comes from deep inside; it is more of how we perceive ourselves than how others think about us. It is at the point we learn to appreciate ourselves that we gain our confidence (Wan 42). Buying expensive things like Coach’s designer purses help in convincing us that we deserve only the best. When this feeling moves to other areas like our relationships, financial needs, and career, we can achieve much. Furthermore, a woman’s purse or handbag is her best companion when she is lonely and on the road. The other advantage is the fact that they give the impression of high social standing. Humans, no matter how hard they try, will always end judging people they meet and interact with in their daily activities. The information people gather from your outward appearance will determine how they behave towards you (Maxwell 145). Even though appearance does not constitute real
Introduction The culture of Yoruba has several types according to the geography of its spread. Lucumi is one of its manifestations in Cuba. It has specific features which are its singling out factors. Yoruba as well as Lucumi are connected with visual representation of the beliefs and traditions. There are several branches of art in which one can observe certain realizations of Yoruba and Lucumi traditions. Basically, objects of Yoruba art and culture implied religious and cult content. Art historian Robert Farris Thompson devoted his research to the analysis of three basic principles Yoruba culture lies on. According to Thomson, one may distinct such concepts as itutu, or coolness, ashe, or command, and iwa, or character as main aesthetic pillars which support the whole philosophy of Yoruba Art (Thompson and Wight 214). The art and culture of Lucumi reflects ideas of the nation about the great beyond. Itutu concept is considered as the most influential and overarching idea which unites all other canons. In fact, the itutu philosophy “goes well beyond self-control and nonchalance; it is a positive attribute which combines notions of composure, silence, vitality, healing and social purification” (Pountain and Robins 35). Thereby, the concept of coolness presented the way of spiritual development and definitely influenced Yoruba culture, as long as Africans life was inseparably connected with their religion. Of course, if we take a look at other parts of the Lucumi culture, we may see some other spheres which represent Lucumi traditions and beliefs. For example, blue color, as the colour, highly associated with itutu concept, is a symbolical one. That is why it is represented in different aspects of Lucumi culture. We can see it in clothes of Lucumi people, we can find it in Lucumi poem, etc. Moreover, Yoruba notions about Ashe are also complicated ideas of spiritual, philosophical and culturally-conditioned ideas. Firstly, it may be interpreted as the energy of the universe, universal power; for Africans ashe is the representation of the world as a kind of a dynamic system (Clark 32).. A connection between a human being and ashe energy is achieved by the means of rhythm (Peru Negro). Thereby, dance culture of Yoruba people implied not only earthy but also philosophical and mystical meaning.. “The instrumentation of the songs and dances of Lucumi origin would eventually represent some of the strongest musical influence of the Yoruba legacy in Cuba and form part of the Cuban national identity” (Falola and Childs 118). The dance is the part of religion and culture, it is the vision of the world. Still, dancing for Lucumi people is an inseparable from rhythm notion. That is why the infusion of drums is one of the inalienable parts of the Lucumi culture. The dance is the expression of a community’ desire, a wish expressed to the supreme power. That is why dances in Lucumi cultures are performed in groups of people. The notion of a character in Yoruba culture is also an of humans’ inner development. One should remember a discussion about the nature of beauty, presented in a Yoruba
Describe what biological anthropology entails. What is the main concept studied and why? Biological anthropology is also called physical anthropology. In your opinion, why did the name change from physical to biological? Humankind and all its forms constitute the main subject of anthropology studies. However, unlike all the other studies of humankind, such as sociology, psychology, and history, anthropology also entails the “inner workings of a group of people who hold different worldviews, values, and traditions” (Stanford, Allen, & Anton, 2008, p. 3). Several of the main concepts which anthropology operates with are evolution, hominid, biological anthropology, linguistic anthropology, biocultural anthropology, culture, language, etc. All these concepts are essential for anthropology and studying them helps to discover new facts about humankind and understand them better. Biological anthropology is mostly referred to as physical anthropology because the data it operates with (such as fossils, for instance) are physical. How did Jean Baptiste Lamarck’s view of evolution differ from Charles Darwin’s view of evolution? What are the main parts of each? Views on evolution are numerous with Charles Darwin’s and Jean Baptiste Lamarck’s being the opposite ones. Lamarck’s views on evolution “emphasized the inheritance of features acquired during an organism’s lifetime” (Beard, 2006, p. 33). Unlike Darwin who claimed that the organisms have survived due to the process of natural selection (when only the strongest and resistant to the environmental changes organisms can survive), Lamarck affirmed that living organisms developed from simple to complex forms, and during this process, they changed from one species into the other, as well as they altered their behaviors under the impact of the environment. Moreover, unlike Darwin who posited that natural selection takes place due to random variations, Lamarck stated that living organisms constantly develop and strive for perfection with their species being formed by the environment. Name and discuss two people who preceded Darwin and helped his ideas of evolution. What did each one do? How does each idea fit in with Darwin’s idea? Darwin’s theory of evolution was largely influenced by the ideas of James Hutton and Charles Lyell. These two people are regarded as the founders of uniformitarianism geology (Stanford, Allen, & Anton, 2008). The geological findings of Hutton and Lyell refuted creationist ideas about the Earth’s formation. At this, they have never denied divine intervention into the Earth’s creation. This resulted in advocating the theory known as catastrophism “in which cataclysmic disasters were believed to have wiped out earlier forms of life on Earth” (Stanford, Allen, & Anton, 2008, p. 18). This had a primary influence on Da
The business environment has become highly competitive over the last couple of decades. Consumers’ demands have increased and the pressure on business organizations to meet these demands has continued to pile. In addition, more business organizations are coming up and competing to get the best share of the market in terms of number of customers. It is for this reason that the issue of quality has become of greater significance in the current business world compared to any other time in the past. It is important to note that customers always want to get the best quality at the least cost possible. Any organization that wishes to succeed has to emphasize on quality products and services. Quality production is effective in securing customer loyalty (Nohe, 2009). This paper is a case study that explains what quality is and what it is about in detail. In giving the explanation, practical examples of organizations that have succeeded on the basis of quality will be given. One of these organizations is Apple with its Smartphones production. A summary will be given at the end of the article. What is Quality? Quality can be defined as the characteristics or features of an item that distinguish it from the others. In business, quality can be defined as the superiority that a product possesses above others. The same definition can be used in the field of engineering, as well as manufacturing. The quality of a product or a service can be viewed differently by different people since it depends on the perception that people have on the product in question (Barofsky, 2012). In addition, quality is conditional and its attributes are subjective in nature. Thus, different opinions on the quality of a particular product or service by different people are likely to come up when talking about quality. In identifying the quality of a product, customers will always compare it with other similar products in the market, or they are likely to look at the specification quality. On the other hand, conformance quality is what producers will focus on in identifying the quality of a product. Moreover, the level of correctness at which the product was made is also looked into by the producer when assessing and defining quality. The concept of quality of a business organization has five aspects. These are: producing, checking, quality control, quality management, and quality assurance. Producing involves bringing into existence or bringing forth a product. Checking refers to the process of observing to ensure that the product has been made in the right way. It is a very important function in ensuring quality. Quality control entails making sure that the pr