...A conflict occurs in commercial law when the rights of some people are heavier or regarded more important than that of others, principles of commercial law may take a different course. Decisions made by the judges will be in favor of one group that is a disadvantage to the other. In the case, St Albans City and District Council v International Computers Ltd the issue of limitation of liability was brought into question testing the extent that limitation can be granted.” The computer software company was at a loss as the judge summed up saying the loss falls on the computer company and not the citizens. His decision was protective of one party even though the law was not clear on the decision against International Computer Ltd ICL. The company’s software failed and did cost the council a lot, therefore, an argument of breach of contract and the argument that limitation of liability was unreasonable if the Unfair Contract Terms Act 1977 was used. The judge favored the taxpayers saving them from a burden of heavy taxes. Such a case creates a situation of conflict between the principles and the law as there was no clear indication of the software’s stance as a good or service. For example, some transactions may have taken place in circumstances that are not clearly a business and some parties may try to defend themselves with that fact. For example, in the case Stevenson v Rogers,” the defendant tried to argue that his sail of a boat to the plaintiff was not in the course of his...
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...COMMERCIAL LAW Commercial law study is crucial to business career in master of professional accounting and business, and will give a boost to our profession. Commercial law also known as business law is the category of civil law that sometimes involves criminal law which applies the rights, duties and obligations of all legally recognized persons, including business which are engaged in commerce, commodities, trade, and sales and other businesses. Accounting and Finance students can get it useful to study the laws governing financial markets and investments, Today's accountants are important members of the management team, using their huge knowledge of business, their communication techniques and people skills, and their well-developed technical accounting skills to add value to the business through best decision making and support. It is very important, if we want to run a legal and successful business. Even if we start a small business, we still need to know the process of how to get a business started in the first place i-e licensing, certification etc. Once we got our business running, we will need to know how to protect our business from things like lawsuits, creditors and other government agencies which can affect our business. Commercial law study focuses on real life, business-orientated problems. Studying commercial law will give us an array of skills that are valued highly in business. It will develop us analytical & critical thinking skills, improve written...
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...Commercial Bank Management (Loan Evaluation) Ericka Briones Unit 1 September 22, 2015 University of Dallas Commercial Bank Management (Loan Evaluation) The main key players in the situation includes Sally, commercial loan officer, Jack financial analyst and Quality Foods Inc who was the client seeking a short loan in the bank. All the stakeholders have certain issues at stake after the approval of the loan in spite of Jack skepticism. Jack had an opportunity to show his independent ability to identify financial situation of a company. In contrast, Jack could have adversely affected his relationship with his mentor, Sally. Sally’s reputation and credibility was at risk if Jack was to report the case to the senior managers. In terms of Quality Foods Inc, the company would be unable to secure the short-term loan request to finance its current investments and projects. The relationship of the company and bank would have also been affected if the Jack reported that the company had included the operating leases in the balance sheet. Jack who is the main character is this case can use his knowledge and ability to understand the implications of operating leases on the financial situation of the company influence Sally to reconsider his decision. Other characters including independence and confidence in his strong judgment on the current situation of approving Quality Foods Inc loan request (Koch & MacDonald, 2014). The main character, Jack must...
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...Justin Blubaugh English 150 Mary Carroll-Hackett 9/29/2011 How Gatorade Tricks You When a Gatorade commercial comes on, the commercial is not only advertising Gatorade products, but it is also taking advantage of our other interests in a way to sell their product, Gatorade commercials, especially ones targeting young athletes, show the companies’ extraordinary success in marketing. The commercials are an excellent example of the company’s successful use of upbeat catchy music, professional athletes and artists in their commercials, and the kind of programming strategies Gatorade uses. Gatorade commercials are known for the upbeat, catchy, youthful music they incorporate within the commercials to grab the attention of the young and athletic audience. Gatorade has used many different songs in their commercials. These are the songs that I found Gatorade uses in their commercials, and they are piano solos with Lil’ Wayne’s narrations about What is “G” (Vranica), Lock It Up (Lock It Up - Gatorade Commercial 2009 (That's G)”), and Gatorade Evolution (Lippert). Also Gatorade has used Carmina Burana(“Kevin Garnett - New Gatorade Commercial”) as the background music for countless commercials. These songs are perfect for attracting young athletes because all of the songs are catchy and they are the type of music that young athletes listen to. Lil’ Wayne is a very famous artist that focuses his music to attract high school and college aged people. Lock It Up and Camina Burana...
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...Commercial Banks The commercial banks are the branch of the financial institution. They are vibrant for economy measurements of the country. There are many different kinds of banking system such as Unit, Branch, Group, Chain and Mix banks etc… However, only Branch Banking is practice in Bhutanese Banking System (Yangdon, 2018, p. ppt. 5). Thus, the different commercial banks in Bhutan are as following: 1. Bank of Bhutan (BOB) Bank of Bhutan is the oldest commercial bank in Bhutan established in 1968. Until 1982, Bank of Bhutan acts as central bank in Bhutan (Bank of Bhutan). Since 1997, the bank was incorporated as per the Companies Act of the Kingdom of Bhutan, 2000 and converted to public commercial bank. In 2007, the Druk Holding and Investment...
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...Management / Media Management Student-Nr.: 1.6 11 306 Table of content 1. Introduction 3 2. Effects of Advertisings on Women 2.1 Dissatisfaction with the body shape 4 2. Statistics and surveys 5 3. The Image of a Woman in the Beauty Industry 3.1 Gender display in commercials 6 2. Criticism of advertising and thoughts about solutions 7 4. Dove Campaign 4.1 Campaign for Real Beauty 8 4.2 Dove ‘Evolution’ 9 4.3 Success of Dove Campaign 9 5. Conclusion 10 6. Bibliography 11 7. Declaration 13 1. Introduction The term paper at hand deals with the beauty in the commercial industry. Looking at commercials in magazines, on billboards or on television, it is recognizable that most of these advertisings use the image of a perfect world. Especially in beauty advertisings beautiful flawless women present products promising the consumer to look as beautiful as the model after using them. But how effective are these advertisings and how do they affect society? This term paper will discuss the negative influence of those commercials on women in today’s society. Furthermore it will figure out whether a television commercial with a realistic understanding of beauty can be successful in a consumer-based society. This paper tries to answer these questions using statistics, extracts from books and articles. . . . . . . . . . . . . 2. Effects of Advertisements on Women 2.1 Unconscious Dissatisfaction...
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...Week Five Assignment Jorge Apantenco DeVry University Busn. 420 Professor Kent August 10, 2014 Uniform Commercial Code “The UCC is a model act drafted by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. This model act contains uniform rules that govern commercial transactions. For the UCC or any part of the UCC to become law in a state, that state needs to enact the UCC as its commercial law statute. Every state (except Louisiana, which has adopted only parts of the UCC) has enacted the UCC or the majority of the UCC as a commercial statute (Cheeseman, 2013, p. 300).” “Generally, Article 2 of the UCC applies to all sales contracts, whether they involve merchants or not. However, Article 2 contains several provisions that either apply only to merchants or impose a greater duty on merchants. UCC 2-104(1) defines a merchant as (1) a person who deals in the goods of the kind involved in the transaction or (2) a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to the goods involved in the transaction (Cheeseman, p. 302).” A scenario of how Article 2 of the UCC makes changes to the common law of contracts is tied to how the common law rule works in the first place an offer must be made definite when regarding its terms of when it was accepted. Under Article 2 of the UCC it allows a sales contract to be made by a seller even though terms can be left open for discretion, as long...
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... | Thesis Report On Performance Evaluation of Commercial Banks in Bangladesh Submitted To Ellina Mahbuba Shahid Lecturer Department of Business Administration Stamford University, Bangladesh Submitted By Helal Uddin ID # BBA 03110957 Batch # 31 (J) Department of BBA Major in Accounting Date of Submission: August 31, 2010 Letter of Transmittal Date: August 31, 2010 To, Ellina Mahbuba Shahid, Lecturer, Department of Business Administration, Stamford University, Bangladesh, Subject: Submission of Internee Report. Dear Madam, It is a great pleasure and privilege to present the internee report titled “Performance Evaluation of Commercial Banks in Bangladesh” which was assigned to me as a partial requirement for the competition of MBA Program. Throughout the study I have tried with the best of my capacity to accommodate as much information and relevant issues as possible and tried to follow the instructions as you have suggested. I tried my best to make this report as much informative as possible. I sincerely believe that it will satisfy your requirements. I however sincerely believe that this report will serve the purpose of my internee program. Helal Uddin ID # BBA 031 10957 Supervisor’s Declaration I hereby declare that the concerned report entitled “Performance Evaluation of Commercial Banks in Bangladesh” is an original work by Mr. Helal Uddin, ID # BBA 031 10957, Major in Accounting...
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...Is it necessary to combine Investment Banking and Commercial Banking? Separation of Retail Banking and Investment Banking was a hot topic with President Obama’s proposal in January 2010 regarding a ban on US Banks on retail banks from using their own funds in investments and limiting to invest their customer’s funds. This news made many to wonder whether the world is going back to replace Glass Steagall Act which was abolished in 1999.(BBC,21January2010) Glass-Steagall Act(GSA)commonly known as Banking Act 1933 made the investment banks and Commercial Banks to function separately in order to refrain Commercial Banks from greater in securities business activities. This Act prohibited Commercial Banks to underwrite securities to public while it prohibited Investment Banks to accept deposits from customers. (Investopedia,2003). Many argue that commercial banks should not involve in securities(stock/bond)market investments as commercial banks divert funds in investment banking. In other words internal transparency of movements of funds not very clear when operating as a ‘Universal Bank’. Prior to 2007-2009 financial crisis Commercial Banks were greedily involved merely because of profits in securitization business where subprime mortgages were involved. During the rise in property market in 2006,banks created and traded in securitized assets, backed by subprime mortgages. Banks became greedy of making more money through SPV(Special Purpose Vehicle)taking high risks. When...
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...INTERNATIONAL COMMERCIAL TERMS 1. Overview on International Commercial Terms 1.1. Concept Incoterms are rules for interpretation of trade terms which clarify the distribution of functions, costs and risks relating to the transfer of goods from the seller to the buyer. 1.2. Evolution of Incoterms rules 1936, 1953, 1967, 1976, 1980, 1990, 2000, 2010 To reflect trade practice more precisely GV Nguyễn Thị Minh Hà 1 INTERNATIONAL COMMERCIAL TERMS 1.3. Content of Incoterms rules Seller’s obligations Buyer’s obligations A1: General obligations B1: General obligations B2: Formalities B2: Formalities A3: Carriage & insurance B3: Carriage & insurance A4: Delivery B4: Taking delivery …………………………… …………………………… A10: Assistance B10: Assistance GV Nguyễn Thị Minh Hà 2 INTERNATIONAL COMMERCIAL TERMS 1.4. Notes on using Incoterms - Applied in purchase and sale of tangible goods; - Non-compulsory trade practice; - Need to be referred to in sale contracts; - Revision (year of publication) must be stated; - Selection of appropriate terms dependent upon certain circumstances; - Modification of terms is not encouraged; GV Nguyễn Thị Minh Hà 3 INTERNATIONAL COMMERCIAL TERMS Incoterms rules do not deal with: + Transfer of property rights in the goods; + Relief from obligations and exemption from liability in case of unexpected events; + Consequences if various breaches of contracts; - Transport terms (FI, FO...
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...Sales management in commercial banks and case of deposit growth. Recent development of financial institutions in Nepal had forced the banking industry to push marketing of its deposit products. We can see the advertisement of deposit products in every newspapers, radio and televisions channels. There are stalls of banks and financial institutions in every business fairs and exhibitions. The focus is selling their respective deposits products. Once, there were three banks namely, Nepal bank ltd, Rastrya banejaya bank and agriculture development bank ltd but today there are 32 commercial banks in Nepal and it is obvious to have intense competition in limited market. Beside financial positions and branch location it is fact some commercial banks have increasing trend in their deposits but some are not succeeding. The interest rate on deposit rate are similar, the account opening amount are somewhat same, the customer care is same but why some are succeeding and some are not because it is the selling strategy particulars banks have adopted. The most important things on today world is the way of communication an organization does with outsiders. In another word it is the marketing process or in corporate word we can say selling the products. It is obvious that in every business sales matter and for sales it is way of communication. If any body wants to succeed in business, then it is necessary to be great in sales as well. In fact, the boss of a company has got to be great...
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...Interdisciplinary Studies Do Super Bowl beer commercials influence youth drinking? APA ABSTRACT There are studies that show that our youth are influenced by what they watch on television. Companies spend millions of dollars creating ads that will entice a person to buy their product. Unfortunately, this form of adverstising does not stop with reaching adults. These ads are seen by millions of teenagers, and the influence is based on how attractive or fun the ads seem to be. Advertising beer commercials, especially during the Super Bowl, reach youth all over world, and it sends the wrong message to our youth. Do Super Bowl beer commercials influence youth drinking? Richard R. McDowell Liberty University The influence of television and beer advertising is a huge problem, and unfortunately there is a solution, but not a solution that all will agree to. The beer commercials are seen during every break in professional sports with the most watched being the Super Bowl. Parents cannot protect their children from seeing the ads unless they stop them from watching television period. Companies expend millions of dollars on their commercials, and there is always a winner for the best commercial after the Super Bowl is done. Commercials today are geared to entice the youth, who are vulnerable and easy prey. Supporting points Is it more likely for an underaged drinker or a drinker of age to be influenced into drinking by commercials? Steven Reinberg of the Healthday Reporter...
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...Uniform Commercial Code Article 2 of the universal commercial code, or simply article 2 of the U.C.C, deals precisely with transactions dealing with sale of goods. While other articles of the UCC covers other elements, article 2 concentrates on sale of goods only. The article defines goods as anything moveable or identifiable before and at the time of sale. This article does not deal with transfer of service contracts. Although the article deals with transfer of goods, there exist some exceptions. For instance, sale of real estate or houses is covered under UCC article 9 but not article 2. Sale of such goods as automobiles falls perfectly under the category of goods covered by article 2. However, transfer of insurance policies does not fall under article 2. The purpose of this article is to regulate sale of goods, and protect the interests of both merchants and non-merchants. The following scenario is designed to demonstrate elements of a valid (or void) contract worth of being protected or enforced by the doctrines of article 2 of the UCC. Scenario Peter, an automobiles merchant, sold his automobile to a customer named Paul. Paul feels that the price of the car was greatly inflated. After covering just a few miles with the car, the buyer realized that the car could not make many miles without being rested for up to one hour. To make matters worse, the seller, Peter, had promised Paul that the car was in perfect condition and could make several miles...
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...Uniform Commercial Code is a model act that includes comprehensive laws that cover most aspects of commercial transactions. All the states have enacted all or part of the UCC as statues (Cheeseman, H. R., p.245). This code is a set of laws that provide legal rules and regulations governing commercial or business dealings and transactions. It also regulates the transfer or sale of personal property. I think what occurred between Gadgets Galore and WidgetsRUS can possible be considered a breach of contract under the Uniform Commercial Code. Even though there was a verbal agreement and a written agreement WidgetsRUS failed to respond to in a timely manner. Therefore, under UCC terms, Gadgets Galore would be entitled to financial remedies equal...
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...Uniform Commercial Code: Article 2 Sales Transactions over the Internet Introduction The Uniform Commercial Code (UCC) generally refers to the main set of regulations and laws that were primarily established to harmonize and standardize sales and commercial transactions in the United States. The primary reason for standardizing the state laws regarding the conduct of sale and transactions is that, often in today’s society, those transactions and sales tend to extend beyond the jurisdiction of a given state. For instance, a particular product may be manufactured in California, warehoused in Arizona, sold in Texas and delivered in Michigan. Consequently, the use of the UCC has not only ensured uniformity of the state laws regulating commercial transactions but has also allowed the states to achieve the necessary flexibility required to meet their local transaction demands (Benjamin and Jane,1998). The history of the UCC dates back to the 1940s when top American legal scholars began to draft a uniform law regulating commercial transactions that was intended to be adopted into the code of statutes of all of the states in America. Although the content of the UCC is generally the same in all the states that have adopted it, some states have however undertaken minimal structural adjustments to conform to the local state customs. The implementation of the UCC has enabled people from various states to freely make their commercial contracts without the different terms and conditions...
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