...Elements of Contract between Woohoo Wholesale & Provident Solutions The use of contracts can serve to be an imperative aspect in the negotiation process between parties who intend to create legal relations. Without the use of formal contracts, differing levels of ambiguity can occur between parties in regards to issues surrounding what promises/offers exist between the parties and what could be the possible consequences in cases where one or more of the parties fail to fulfil the terms agreed between them. A level of ambiguity appears to have arisen in the example given in the case study regarding Woohoo Wholesale (WW) and Provident Solutions (PS). This Essay services to investigate whether or not all of the necessary elements for a legal contract to be valid were in place. Firstly, in order for a contract to be legally binding, there are six elements that must exist. * An offer: A promise to do or not to do something proposed involving clear terms and finality. An offer is nullified if the offeree makes a counteroffer to the offerer. * Acceptance of the offer: The offeree must display absolute acceptance of the offer through written/verbal agreement or in their conduct. Silence does not constitute acceptance. * Consideration: There must be an exchange between the parties, involving a promise for a promise or a promise for performance flowing from the offeree to the offerer and the promise/performance must hold value. * Intention to create legal relations: This...
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...Organisations And Behaviour - Assignment Introduction 4 LO1. Surviving Greenscape`s Hard Times. 5 1.1 Types of an organisational culture. 5 1.2 Relationship between structure and culture. 6 1.3 Factors influencing the behaviour of management and employees at Greenscape. 8 LO2. Right Boss, Wrong Company. 9 2.1 Leadership styles of Max Worthy and Brenda. 9 2.2 Managerial perspectives. 10 2.3 Differences in managerial and leadership approaches of Hogan and Worthy in running Fancy Footwear. 11 LO3. More Than a Pay Cheque. 13 3.1 Leadership in the company affecting the motivational level of Gibson? 13 3.2 Maslow’s Motivator-Hygiene affecting theory Gibson’s motivation. 14 3.3 Why ‘motivation’ of employees is so important for managers. 16 LO4. Teams at Thompson RV Wholesale Supply and Distribution Company. 17 4.1 Has Alan understood the behaviour of his groups? 17 4.2 Important factors to develop effective teamwork in the company. 19 4.3 Team types for Alan to consider. 21 Bibliography 23 Introduction Organizational Behaviour is a modern discipline that focuses on the behavioural aspects of management. Field of an organizational behaviour draws from a wide interdisciplinary basis - from psychology, sociology, anthropology, economics and medicine. The representatives of this subject take a holistic view of behaviour, applying it to individual processes, groups and organizations. Important issues here are: job...
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...A report about law of contract Prepared for: Mr. John M. Andre (Lecturer) Prepared by: TA THI KIM CHI – Pr. Camilla ID: FO5 - 032 Table of Contents 1. The importance of the essential elements required for the formation of a valid contract 2 1.1 Offer 2 1.2 Acceptance 3 1.3 Consideration 3 1.4 Intent to create legal relations 4 2. The impact of different types of contract 5 2.1. Written contract 5 2.2 Oral contract 6 2.3 Implied contract 6 3. The meaning and effect of term in different contract and given contract 7 3.1 Term of contract and clauses 7 3.1.1 Express term 7 3.1.2 Limitation clause 8 3.2.1 Condition 8 3.2.2 Warranty 9 3.2.3 Innominate term 9 Introduction The purpose of this report is to give an overview about the law of contract; the scope of the report can be seen as follow: * Task 1: The importance of the essential elements required for the formation of a valid contract * Task 2: The impact of different types of contract * Take 3: The meaning and effect of term in different contract and given contract 1. The importance of the essential elements required for the formation of a valid contract 2.1 Offer The first element will be referring which is offer; an offer is a definite to be bound on specific terms (BPP, 2010). An offer must be specific, clear and communicated to avoid the misunderstanding or trick between people. Case law: A Newspaper advert placed by the defendant stated:...
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...------------------------------------------------- A REPORT ON ASPECTS OF CONTRACT AND NEGLIGENCE FOR EZ KOOKING ------------------------------------------------- ------------------------------------------------- TITLE PAGE ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Prepared for: ------------------------------------------------- Mr John M. Andre (Lecturer) ------------------------------------------------- Unit 5: Aspects of Contract and Negligence for Business ------------------------------------------------- Banking Academy, Hanoi ------------------------------------------------- Submission Date: 19th November 2012 ------------------------------------------------- No of words: 3100 words ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ...
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...Case study example Amy always took her car to be serviced at Brakes Ltd and did so again in January. On the three previous occasions, Before handing her car over to the garage, Amy had always been required to sign a contractual document which contained the following statement. 'Brakes Ltd accepts no responsibility for any consequential loss or injury sustained as a result of any work carried out by the company, whether as a result of negligence or otherwise.' On the most recent occasion, due to the fact that the garage was very busy when she arrived, Amy was not asked to sign the usual document. She was, however, given a receipt for the car, which she accepted without reading. On the back of the form were printed Brakes Ltd’s usual business terms including the above statement. After collecting the car after its service, Amy was driving home when she suddenly lost control of the car and crashed into a tree. As a consequence, Amy was severely injured and was unable to work for three months and the car was completely destroyed. It subsequently emerged that that the accident had been caused by a mechanic at Brakes Ltd who had failed to properly reconnect the car's steering mechanism. Brakes Ltd have accepted that their employee was negligent but deny any liability, relying on the exclusion clause. Required Task: Advise Cathy whether the exclusion clause was incorporated into her contract with Brakes Ltd. Your analysis should clearly relate to thelegal controls...
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...BTEC HND IN BUSINESS (FINANCE)ASSIGNMENT COVER SHEET | NAME OF STUDENT | BUI TRANG NGAN – NELLY | REGISTRATION NO. | F04 – 118 | UNIT TITLE | Aspects of Contract and Negligence for Business | ASSIGNMENT TITLE | Negligence | ASSIGNMENT NO | 2 of 2 (individual report) | NAME OF ASSESSOR | Mr. John Andre | SUBMISSION DEADLINE | 7 Jan 2012 | ------------------------------------------------- ------------------------------------------------- I, ______BUI TRANG NGAN_____ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ________________________________ _________________________ ------------------------------------------------- ------------------------------------------------- Signature Date ------------------------------------------------- ----------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE (Course Administrator) ...
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...BANKING ACADEMY OF VIETNAMBTEC HND IN BUSINESS (ACCOUNTING)ASSIGNMENT COVER SHEET | NAME OF STUDENT | Pham Thi Thuy Dung – Suzy Walker | REGISTRATION NO. | F05 - 043 | UNIT TITLE | Unit 3: Organisations and Behaviour | ASSIGNMENT TITLE | Prudential and USS Olympia (SSN-717) | ASSIGNMENT NO | 1 of 2 | NAME OF ASSESSOR | | SUBMISSION DEADLINE | 31st October,2013 | ------------------------------------------------- ------------------------------------------------- I, _______Suzy Walker__________ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ________________________________ _______31/10/2013______ ------------------------------------------------- ------------------------------------------------- Signature Date ------------------------------------------------- Assignment Received By: Date: Assignment...
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...Elements of Contract between Woohoo Wholesale & Provident Solutions The use of contracts can serve to be an imperative aspect in the negotiation process between parties who intend to create legal relations. Without the use of formal contracts, differing levels of ambiguity can occur between parties in regards to issues surrounding what promises/offers exist between the parties and what could be the possible consequences in cases where one or more of the parties fail to fulfil the terms agreed between them. A level of ambiguity appears to have arisen in the example given in the case study regarding Woohoo Wholesale (WW) and Provident Solutions (PS). This Essay services to investigate whether or not all of the necessary elements for a legal contract to be valid were in place. Firstly, in order for a contract to be legally binding, there are six elements that must exist. * An offer: A promise to do or not to do something proposed involving clear terms and finality. An offer is nullified if the offeree makes a counteroffer to the offerer. * Acceptance of the offer: The offeree must display absolute acceptance of the offer through written/verbal agreement or in their conduct. Silence does not constitute acceptance. * Consideration: There must be an exchange between the parties, involving a promise for a promise or a promise for performance flowing from the offeree to the offerer and the promise/performance must hold value. * Intention to create legal relations: This...
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...Table of Content 1.0 INTRODUCTION 2 2.0 IN- DEPTH EVALUATION OF AIRASIA 3 2.1 Strategic Objectives of AirAsia. 3 Table 1: Objective evaluations of AirAsia 3 2.2 Strategic fit of Air Asia. 4 3.0 COMPETITIVE SITUATION 5 Table 2 AirAsia and its competitors’ profile 5 4.0 MARKET POTENTIAL & MARKET ATTRACTIVENESS 8 Table 3: Market attractiveness from a macro perspective 8 Table 4: Market attractiveness from a micro perspective 9 Table 5: Porter’s Five Forces for AirAsia 9 5.0 SEGMENTATION, TARGETING AND POSITIONING ANALYSIS 11 5.1 Market Segmentation 11 Table 6: Market Segmentation of AirAsia 11 5.2 Target Market Profile 14 Table 7: Target Market Profile of AirAsia 14 5.3 Positioning 15 Figure 1: AirAsia’s Perceptual Map 15 6.0 CUSTOMER ANALYSIS 17 7.0 INTERNAL CAPABILITIES & CORE COMPETENCIES 19 Table 8: Comparison of Malaysia’s Top Players in Low Cost Carriers’ Marketing Program 20 9.0 FINANCIAL AND MARKETING EVALUATION OF AIRASIA 23 9.1 Evaluation of AirAsia’s financial status using 2007 and 2008 annual reports 23 Table 9 : AirAsia’s financial status in 2007 and 2008 23 9.2 Financial Evaluation for AirAsia as compared to Malaysia Airline [MAS]. 24 Table 10 : AirAsia’s financial status as compared to MAS in 2007 and 2008 24 9.3 Marketing Metrics 25 Table 11: Marketing metrics 25 10.0 PROBLEM IDENTIFIED AND THE ALTERNATIVES 25 11.0 REFERENCE LIST 27 1.0 INTRODUCTION AirAsia is a low cost carrier...
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...1.1 One morning the Senior Manager mentions that he has been reading a book on Business Law, in which he found this sentence; “Not all agreements are legally binding. The courts will only enforce agreements that have certain key ‘ingredients’.” Recalling that you claim to have covered this topic on your course, from this starting point he asks you to write him a briefing note to explain the importance of the ‘essential elements’ required for the formation of a valid contract. 1.2 Another day he invites you to think about three different ways to make agreements with hotel customers; (a) agreeing verbally to stay in a room; (b) signing printed terms at reception; and (c) clicking on the hotel website and buying online. Edexcel HND Unit 5 ACNB – BITE September 2014 page 1 of 8 He then asks you to...
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...business decision making to complete your papers?? Then look no more, as we guide you with the HND study process and help you in the accomplishment of your writing project. Managing Financial Resources and Decisions (MFRD) is a subject which falls under the BTEC HND in Business qualification course. Students who opt for the course have to undergo a blend of assignments and term examinations, for the successful completion of the course. For professionally written papers, students approach reliable MFRD assignment help on internet. HND in business includes number of units and the completion of a variety of papers on those units, such as - marketing principles (MP), organizations & behavior (OB), aspects of contract and negligence for Business (ACNB) and business decision making assignment. All these papers are assessed and scored by the assessor’s authority, Edexcel evaluator and other internal verifiers. Through the evaluation, students may be awarded grades as – Pass or Merit or Distinction based upon the quality of content delivered. Get expert assignment help for MFRD at assignmenthelpuk@yahoo.com or hndassignmenthelp@gmail.com HND Assignment Help – Providing You Online Assignment Writing Services Our writing team comprising of ex-Professors, PhD qualified writers and tutors in diverse field, have provided best quality papers to the students in 20+ Universities improving their grades. Our specialized team of HND writing experts is well-versed with HND courses and provides you the...
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...ACNB SHARON MALCOLM A4078694 RAKHI ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS 1.1 Issue: Were all the elements of a contract in place between Primark Direct and Presec Presetters? Rule: All the elements of a contract have to be in place for a contract to be valid. There are four essential elements to a contract which are: offer, acceptance, consideration and intention as i will explained below. Offer A person that makes an offer is called the offeror. The person whom the offer made is made to be called the offeree. (664 hand handbook) Essential reading Mckendrick chapeter 3 on offer and acceptance states that An offer is an expression of willingness to contract on certain terms. It must be made With the intention that it will become binding upon acceptance. There must be no Further negotiations or discussions required. Offers can be offered to the public and when acted upon the offer is accepted. A good example of an offer is the Essential reading McKendrick, Chapter 3: ‘Offer and acceptance’ – Section 3.1 ‘Offer and invitation to treat’ to Section 3.7 ‘Acceptance’ page (15 miss notes) hnd book 664 Carlill v Carbolic Smoke Ball co (1893) case summery. In this case the defendants were the manufactures of smokeballs which they claimed could prevent the flu. They published adverts stating anyone that used their smokeballs for a specific period of time and caught the flu would receive a payout of£100. Carbolic company proved they were...
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