ShantanuT01/DACTYL-Pretraining huggingface dataset:
Introduction The privity of contract doctrine states that it is only parties involved in a contract have the legal mandate of taking any action meant to enforce such a contract. Thus, a third party beneficiary has no legal mandate of enforcing the same when the benefits promised are denied. Reflectively, this may not be justifiable. Thus, this analytical treatise attempts to explicitly justify why the common law doctrine of privity of contracts seems unjustifiable. How the Common Law Doctirne of Privity of Contract is Unjustifiable In Scruttons Ltd. v Midland Silicones limited , the privity doctrine applied in ruling the case. Other than special consideration of agency, trust, assignment or statute, a person, not a party to a contract cannot enforce, or rely for protection on its provision. In Dunlop Pneumatic Tyre Co Ltd. v Selfrigde & Co Ltd. , the court applied the same doctrine in ruling the case. It was held that since the plaintiffs were undisclosed principals, no consideration moved from them to the defendant and that the contract was unenforceable by them (Stone 2008). From the ruling on the above cases under English law, it can be deduced that consideration should move from the promise only, and a contract cannot be enforced by a person who is not a party to the contract even if it has made for his benefit. It was held that since the plaintiffs were undisclosed principals (August 2008). Therefore, no consideration moved from them to the defendant, and that the contract was unenforceable by them. In the United Kingdom Privity of contract forms a benchmark of contractual law which implies that both the third party and the contracting party who makes the condition may demand performance in favor of the third party unless it is not indicated in the contract. From the above article, it is apparent that the common law applies the doctrine of Privity of Contract when making some precedents (Keenan & Riches 2002). There are a number of remedies available to the promisee for the benefit of the third party. They include specific performance in equity and damages at common law. Under specific performance, “third parties whose benefit a contract has been made may not sue on the contract but the party making the contract may sue for specific performance for the benefit of the third party even where the damages to be obtained are normal” (Legal Service India 2012, par. 6). However, the remedy of specific performance will not be granted if damages at common law are adequate. In a suit for damages, the plaintiff cannot recover more than the amount required in compensating for his own loss and not that of a third party (Stone 2008). As mentioned above, the general rule of law of contract is that contractual obligations are created by the parties to the contract. They have the exclusive right of enforcement. Nevertheless, due to the complexity of business relations in the contemporary business world, third parties may have an interest in the execution of a contract. Therefore, the application of this doctrine may be avoided so as to have justice in scenarios
Lululemon Athletica is an emerging Canadian company that specializes in the retail of athletic apparel including clothes for yoga, fitness, jogging, etc. The target consumer population is active people that lead a sportive lifestyle. Since the company considers its extension to foreign markets, namely, the Italian apparel market, it is proposed to examine potential challenges associated with its market entry. The most effective way to develop a clear vision of the challenges associated with the entry to the Italian market is to apply the principles of the PEST analysis that implies examining potential barriers in four dimensions: political, economic, sociocultural, and technological (Dransfield 59). Therefore, it is proposed to use the PEST analysis format and put a particular emphasis on three key factors that are most likely to determine the success of Lululemon’s development in Italy: economics, social culture, and politics. From the economic standpoint, Italy market implies a series of critical challenges for new entrants. The Senior Researcher at Social Policies Department and Coordinator International and EU Affairs Unit, Chiara Crepaldi, notes that the major part of the economic difficulties is associated with the long-term crisis and the general economic regression (6). Thus, for instance, the rate of taxation on labor is very high contrary to other countries in the European market. The poverty rate is likewise high – due to the economic crisis, almost 30% of the population are currently at risk of poverty (Cr
Biography Ludwig van Beethoven was born on December 17 th , 1770 in a place called Bonn (“Life of Beethoven- ‘Childhood’ ” par. 1). He was the first born son and his father was so determined to mold him into a musician. His father used to give him violin and piano classes when he was a child. At eight years of age, he learned theory and keyboard under the instruction of van den Eeden who was the former chapel organizer (par. 2-3). He also received piano lessons from Tobias Friedrich Pfeiffer while Franz Rovantini gave him violin and viola lessons (Schindler p. 40). Equipped with the basics, his father forced him to stage a public performance at only twelve years of age (“Life of Beethoven- ‘Childhood’” par. 3). During his teenage years, Beethoven concentrated more on performances than composition (“Life of Beethoven- ‘Youth’ ” par. 1). In 1787, Beethoven visited Vienna and it is believed that he may have attended some classes with Mozart, a famous symphony composer at the time. His visit was, however, cut short by the news of his ailing mother who later died in July the same year (par. 4-5). His father was so much affected by the loss that he resorted to heavy drinking leaving Beethoven with no option, but to assume the role of the family head. Beethoven even sort court proceedings to allow him to receive a portion of his father’s salary to take care of the family. Having assured the welfare of his younger siblings, Beethoven eventually moved permanently to Vienna in 1792 (Schindler p. 48). While there he studied courses like choral fugues, double fugue and canon. In his adult years, he concentrated more on music composition and composed many symphonies. In the year 1800, he made a performance of his first symphony (Schindler p. 54). Between the year 1801 and 1806, he composed his 2 nd 3 rd and 4 th symphonies making him a successful composer with the best symphonies in the industry. Beethoven excelled in his career as a symphony composer until his death on 26 March, 1827 in Vienna. General Overview of the Genre A symphony is an extended musical composition in the western classical music (“Symphony” par. 1). It contains both instrumental passages and overtures or interludes. The usage of the word symphony dates back to the 17 th century tracing its origin from Greek word συμφωνία meaning agreement or concord of sound. Symphonies written in the past had three movement
Introduction General Electric (GE) is a profitable corporation that operates in different sectors such as technology, financial services, healthcare, and media. The company uses a diversified strategy to meet the changing needs and demands of its global customers. Some of its products include medical imaging technologies, industrial chemicals, machines, and aircraft engines. It also markets a wide range of services such as medical imaging solutions, financing, power, lighting, transportation, software development, and renewable energy. The American multinational corporation markets its superior products in more than 100 nations across the globe. In 2016, GE was ranked among the top 20 most profitable corporations. The company has its headquarters in Boston, Massachusetts. This report gives a detailed analysis of GE’s background, business structure, human resources, financial performance, and business marketing plan, and product development. Founders, Mission, and Vision GE is an organization that has a complex history. The story of this company started in 1889. During this time, Thomas Edison owned several companies that produced electricity-related products. These included Bergmann & Company, Edison Electric Light Company, Edison Lamp Company, and Edison Machine Works. Drexel, Morgan & Co. decided to finance most of the researches and inventions pursued by Edison in 1889. This company was founded by Anthony Drexel and J. P. Morgan. The new agreement led to the formation of the Edison General Electric Company. This organization emerged after all the founders agreed to combine their efforts (Kumar, Arora, & Bansal, 2015). The new company was incorporated during the same year. It also managed to acquire the Sprague Electric Railway & Motor Company in 1889 (Agarwal, 2015). In 1892, GE would be formed after Thomson-Houston Electric Company (owned by Gerald Hart) merged with Edison General Electric Company. The founders of GE, therefore, included Thomas Edison, Edwin Houston, J. P. Morgan, and Charles Coffin. General Electric would be one of the first companies to be listed on the Dow Jones Industrial Average in 1896 (Kumar et al., 2015). Over the years, GE managed to acquire or absorb several companies such as Marconi Wireless Telegraph Company of America. The organization also supported the establishment of the Radio Corporation of America (RCA) in the year 1919. It also considered the need to diversify its operations by investing in different segments such as power generation, computing, television, health care, gas, weapons, wind turbines, lighting, water, and software (Kumar et al., 2015). The corporation has continued to use exemplary business strategies and approaches to remain successful in the global market. At the heart of GE’s positive performance is its mission statement. The company’s mission is to “usher in the next industrial era and to build, move, power, and cure the world” (Stephans, 2016, para. 1). This statement captures the company’s business agenda by ensuring that its major diversifications or segments are taken into
Introduction A business requires finance in the form of working capital for its commencement so that it can develop better and newer ideas. This is applicable for a new and small enterprise as it lacks any goodwill as capital to start with. As it begins to grow the business starts to diversify into different products which require new technology along with higher capacity which can be relatively expensive. Further, in today’s competitive market, a business needs finances for marketing their products and market research. Businesses also require finances for entering new markets for its expansion and during acquisitions and take over. (Holmes 2007) Finance is also necessary when a business moves to new premises, for reallocating the employees and to install machinery. Sometimes plants too need to be purchased or replaced and existing partners need to be bought. Apart from these reasons, businesses require finances for unforeseen expenses like natural calamities, terrorist attacks and the departure of important employees. Thus, for a small enterprise, it becomes essential to harvest every probable financial resource possible. (Bougheas 2004) Let us assume ABC Company is a small enterprise and they are evaluating all the potential finance available in the market. Source of funds  1. Peer-to-peer networks ─ The organisation has tapped into several peer-to-peer lending networks where the amount of money required can be listed along with details about our organization and business and why we require the loan. Then it is up to the individual lenders to decide whether to sanction the fund or not. Peer-to-peer loans have been chosen as a source of funds by the company because they offer certain other benefits like competitive rates and fast delivery of the funds. Further, the peer-to-peer lending sites are somewhat like credit cards and thus, due to this borrowing become very easy. (Spiros 2004)  2. Microlenders ─ Microloans or microcredits are smaller loans and microlenders are not-for-profits organizations. The reason for choosing microlenders is because they rely on the donations given by individuals and charitable organizations and are thus, more than willing to lend money to organizations like mine with checker credit history. Although microloans have a higher interest rate that varies between 13% and 8%, they are often subsidized by various local, federal and sta
The development of science and technology undoubtedly gives positive results in the disclosure and investigation of crimes. The importance of the use of material evidence in criminal proceedings and expert opinions as the most important objective sources for the creation of a reliable evidentiary base is steadily increasing. The need for the qualified, effective and timely use of forensic tools and methods today is an integral part of the investigation of murders, rapes, robberies, thefts, crimes related to drug trafficking and other crimes. The Concept of Forensic Science Forensic science is a kind of process of objective reality cognition carried out by applying the methods of various sciences. The study of the physical evidence is similar to scientific research; it differs by some features inherent in a practical activity that is scientifically based in the field of forensic science, using the provisions of some sciences, including legal, natural, technical and humanitarian ones. These provisions, scientific methods, and means are used in the work of forensic experts and expert institutions for solving practical problems of establishing the truth in the civil or criminal case or the case of an administrative offense (Strom & Hickman, 2014). The methods of forensic expert practice are based on appropriate scientific methods, depend on the nature and properties of the object of research and are based on the experience of solving specific expert tasks, including algorithmic rules and those developed by the expert himself (Rivers & Dahlem, 2013). Special Methods of Physical Evidence Analysis In expert and preliminary studies of physical evidence, in addition to general scientific methods, special methods are also used. Special methods are based on the principle of generality and can, in turn, be divided into general expert used in most classes of forensic examinations and studies and private expert, used only in the given particular type (form) of judicial expertise and research. The system of general expert methods of investigating material evidence includes methods of image analysis; methods of morphological analysis; methods of composition analysis; methods for analyzing the structure; methods for studying physical, chemical and other properties. Methods of image analysis are used to study traditional forensic objects – human traces, guns and tools, vehicles, as well as documents, et
Abstract Fire investigation is a complex undertaking. As a result, fire investigators are exposed to hazards that may impact negatively on their personal safety. Physical exertion is also required on the part of the investigator. Investigators must take care of their personal safety by using the appropriate equipments. It is noted that fire has inherent destructive powers. Due to the hazardous nature of a fire scene, investigators are charged with the duty and responsibility of maintaining their safety and that of others. The role of a fire investigator is to establish the cause and motives behind the suspected case of arson. Arson’s investigation includes conducting interviews with witnesses around the scene. Introduction Fire investigation is more complex than suppression of the blaze itself. Consequently, fire investigators end up evaluating an area that is larger than the one covered by the core of the fire. They also spend long hours processing the scene of the arson. Such investigations involve assessment and examination of the scene. They also entail sifting through charred debris (Redsicker & O’Connor, 1996). As a result, investigators are exposed to hazards. The investigators must take care of their personal safety by using the appropriate equipment. In this paper, the author will analyze the various procedures involved in the fire arson investigation. The Protective Equipment Appropriate for Fire Investigation The fire has inherent destructive powers. As a result, arson investigators should be aware of their surroundings when working on the scene of a fire (Fire Protection Association, 2014). Due to the hazards associated with a fire scene, investigators are required to uphold their personal safety. They are also required to ensure that other people around the scene are safe. To achieve this objective, the investigator uses protective equipment and gadgets during investigations. The safety measures include wearing the appropriate safety clothing and using the right respiratory protection gear (Lentini, 2012). Finally, investigators must remain to look out for hazards involved in a fire scene. Significant Issues at the Arson Site After arriving on the arson scene, a chief fire investigator must take measures to uphold the safety of the personnel on-site. They should also protect the evidence that may be available on the scene by performing a preliminary assessment of the fire (Dirkmaat, 2012). The investigator must also determine the area to be covered during investigations. When this is done, scene perimeters can be adjusted accordingly. To effectively determine the boundaries of the arson scene, an investigator should undertake a tour of the site. The tour is meant to determine and evaluate the extent of fire damage (Diamantes, 2014). During investigations, standard procedures require an investigator to start from the areas with the least damage. Gradually, the personnel then move to the areas th
Having considered the interview questions and having conducted the research in the sphere, it may be concluded that the globalization of business has led to the situation that many countries use similar management strategies that impact the leadership styles. The interview about the management and leadership in the USA, India, and Germany has proven that these countries have many features in common in relation to management. Thus, the direction at innovation and creativity in the staff is one of the main features of the Indian strategy, however, it is impossible to say that this strategy is not used by other countries. The interviewees from the Indian company said that the work with the staff is the priority for them and relating to their organizational culture, people are unable to work under other conditions. To enhance the psychological commitment to the organization, Indian managers applied to the following strategies, human resource management, recognition and development opportunities more than to other strategies. The US representatives, however, paid more attention to development opportunities. Moreover, US companies utilize performance management, professional development, and normalization more effectively than the companies in other countries do (Ahlstrom and Bruton 291). Asian region appears in the changing period for now. One of the most important tasks for Asian countries, for now, is to localize transferred practices and make sure that their strategies are effective in the international arena. Asian leadership styles are different from the US and European as according to the interview, the community success, more attention to productivity and the result are the priorities compared to US individualization, workplace safety and family priority in contrast with the company interests. Asian region applies more to the authoritative leadership style while the American leaders give more freedom for their employees and the democratic style is more convenient for them. It is possible to meet the authoritarian and laissez-fair more frequently than the democratic one in Europe. Asian managers and leaders applied more to individual decisions with the strict measurement of the responsibilities among employees. The US leaders and managers gave too much freedom for their workers in making decisions and performing the tasks. The German leaders offered more freedom for their workers and the leader was considered as just the one who monitored the process. Works Cited Ahlstrom, David Garry D. Bruton. International Management: Strategy and Culture in the Emerging World . Stamford: Cengage Learning, 2009. Print.
One of the key issues in the legal field is the distinction between the concepts of contracts and agreements. These two concepts are extremely interrelated in legal terms, but at the same time have a serious distinction based on the legal distinction. According to various books and studies on the topic, the main difference between the two above-mentioned types of documents lies in the nature of the obligations that the defendant undertakes.[1] Thus, it is necessary to analyze contracts and agreements, to clearly define their distinction with credible evidence. First of all, it is necessary to analyze the concept of contracts and what they represent in the legal field. Contract law is a ‘common law’ area of law, which implies that most of its rules and concepts are formed from case law and the application of prior law.[2] However, statutory laws are affecting a growing number of domains, particularly regulations in consumer contracts.[3] All contracts are governed by the norms that make up contract law, except for those governed by legislation (see Footnote 2). The formation criteria, for example, apply equally to a contract to buy some vegetables in a shop as they do to a large arrangement between two global firms for the delivery of products and services (see Footnote 2). Consequently, one may conclude that the contract law enforces certain relationship between both sides of the deal on all levels. On the other hand, the analysis of such a phenomenon as agreements has a different legal nature. An agreement is a declaration of two or more people’s consent to each other. It is a meeting of minds to aim for a common goal, achieved through offer and acceptance (see Footnote 1). Words, actions, and, in rare circumstances, silence can all be used to demonstrate agreement. Contracts are frequently connected with agreements; nevertheless, “agreement” has a broade
Introduction The 2008 United States Presidential election will be historical in a sense not because of the issues involved, but because of the possibility of a colored person becoming the president of the United States. Barack Obama, senator from Illinois, and Republican candidate may well become that person once the election is over. But once the novelty wears off or if John McCain (Republican candidate and senator from Arizona) may be the winner to occupy the White House, the real issues remain. Both the candidates have talked about the current issues and their views on the same to many prominent publications among them, the Washington Post. The purpose of this paper is to discuss the main issues raised by the presidential hopefuls and to arrive at possible solutions for the same. The issues It would appear from the views of both the candidates that there are internal as well as external issues that need urgent solutions. The Washington Post had asked a set of similar questions and has given the candidates’ view on the same. The questions were dealt with a wide range of issues which includes health care, social security, Iraq, national security, immigration policy, gun control and the three most important policies if elected to office. A review and analysis of both the leaders’ views on major issues are given below: Social Security Both