Contracts and Negligence Assignment Essay

Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges & Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) & Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) & Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist s olely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendant’s haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of â€Å"being concerned in the management of premises used for the smoking of cannabis†. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or â€Å"truly criminal† offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that â€Å"a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage & Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties’ involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the liste d bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendant’s ‘action’ led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea & Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other party’s actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage & Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley & Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. â€Å"Vicarious Liability.† StudyMode.com. 02, 2013. Accessed 02, 2013. http://www.studymode.com/essays/Vicarious-Liability-1451515.html. Page Bibliography In Law, What is the Differences Between Tort and Contract [Online] Available at: http://www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract [Online] Available at: http://www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion [Online] Available at: http://www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 LAW OF TORTS [Online] Available at https://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement [Online] Available at:www.ehow.com/info_7755018_definition-verbal-agreement.html [Online] Accessed 02 November 2014 Contract – Express & Implied Terms – Tutor2u [Online]. Available at: http://www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014 Breach of Duty [Online] Available at: http://e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove [Online] Available at: http://www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury [Online] Available at: http://www.lawteacher.net/health-law/essays/psychiatric-injury.php Accessed on 06 November 2014 Cases –tort-negligence-duty of care [Online] Available

Iq & Eq, Intelligence and Cognitive Intelligence

A Assessment Name: Cognitive intelligence and Emotional Intelligence in Modern organisations â€Å"Intelligence is an abstract concept for whose definition continues to evolve with modernity, these days it refers to a variety of mental capabilities, including the ability to reason, plan, solve problems, think abstractly, comprehend complex ideas, learn quickly, and learn from experience as well as the potential to do so† (Bonnies Strickland, 2nd,2001).This essay will be a discussion on what cognitive intelligence and emotional intelligence are, how they both represent intelligence, and how they play a role within an organisation through their strengths and limitations. This essay will discuss the recent popularity of emotional intelligence and that cognitive intelligence is not essentially the main predictor for organisational behaviour in modern organisations.Cognitive intelligence generally can be referred to IQ tests or General Mental Ability (GMA) to name a few and is defi ned as â€Å"the general efficacy of intellectual processes† (Ackerman, Beier, Boyle, 2005, as cited in Cote & Miners). Results in genetic behaviour points to beyond doubt that GMA or IQ has a strong genetic background, although heritability has shown the increase of GMA with age (Bouchard, 1998: Bouchard, McGue, 1998 as cited in Schmidt 2004).Cote and Miners 2006 believed cognitive intelligence also demonstrates as task performance based and is in relation to the organisational citizenship behaviour (OCB), this is then reflected to the organisations activities, achievement and objectives. Since the end of World War 1 measures of GMA have been used in the recruiting and hiring of employees (Yerkes, 1921 as cited in Schmidt, 2004), though the most popular GMA tests still in modern society is the Wonderlic Personnel Test.The strengths of GMA & IQ tests are that they have been used as a predictor in personnel selection for over 80 years and have substantial evidence supporting i t as a strong predictor of job performance in organisations. Schmidt has stated that GMA is positively linked to several life outcomes such as the level of education and the income of adult. Studies have been carried out on the effectiveness of GMA in relation to occupational level, according to Shmidt 2004; these include cross-sectional studies and longitudinal studies.Shmidt also stated that cross-sectional studies relied on people’s rankings of the occupational level of different occupations, similarities between the mean ratings across these studies excluding the regard of age, country of origin or social class. These studies concluded that mean GMA scores increased with occupational level, so if GMA score was high for an individual they would find it harder to enter higher occupational levels. This suggests that having a lower GMA rating was a requirement for a higher job occupation (Schmidt, 2004).Longitudinal studies focussed on the prediction of occupational fulfilmen t later in life by the measurement of GMA scores in the early part of life (Schmidt, 2004). Wilk, Desmarais and Sackett 1995 used the results from the National Longitudinal survey, in which young adults were tested over a 5 year period to measure GMA, these studies predicted the hierarchy of occupational level (as cited in Shmidt, 2004). This meant if the GMA score was- high they were most likely to move into a higher complexity job, where as if their score was low they were most likely to move down into a less complex job (Schmidt, 2004).However, limitations are known for GMA testing through certain literature has led to the conclusion that GMA may not be as well understood, this can be drawn from the research conducted on GMA’s constructs and measures as well as its moral judgements (Viswesvaran & Ones, 2003). An example of this is the question of the group differences of the results and also the grounds of GMA being not good (enough) predictor (Goldstein, Zedeck &Goldstein as cited in Viswesvaran & Ones 2003).Analogy has been used from psychological testing literature that underlines GMA’s role in real life situations and environments (Reeve & Hakel: as cited in Viswesvaran & Ones, 2003). There are points of criticism that revolves around GMA; firstly is central criticism this is seen in articles by Goldstein et all, and it validates GMA for low real-life predicaments. Also it is seen that GMA tests should be acknowledged on the terminology used as some words can be seen as racist or fascist, words like discrimination and adverse can impact bias or unfair results (Viswesvaran & Ones, 2003).It has been belief that cognitive attuned staff give modern organisations the competitive advantage in the organisational domain this is due with the cognitive ability to process technical, numerical and vast amounts of information (Schmidt & Hunter, 1998. 2000; Michaels Handfield- Jones and Axelrod, 2001, as cited in Cote & Miners, 2006). Although, the limi tations of one possessing cognitive ability alone and very minimal if any emotional intelligence can result in a poor performance rate if one is to completely rely on only skills that are cognitive in the work place ( Cherniss, Goleman & Bennis, 2003).Recently theorists have suggested that one’s intelligence does not only exist of cognitive intelligence, but also a grave amount of interpersonal and emotional intelligence. In modern management, one of the most proactive concerns is that of emotions related to performance of organisations (Cote & Miners, 2006). Emotional intelligence has been discussed as a new predictor that is non-cognitive in relation to organisational performance and was popularized by Daniel Goleman in 1995 (Goleman, 1998 as cited in Cote & Miners, 2006).Emotional intelligence is defined as â€Å"a set of abilities that includes the abilities to perceive emotions in self and in others, use these emotions to facilitate performance, understand emotions and emotional knowledge, and regulate emotions in the self and in others† (Cote & Miners, 2006). Strengths of EI is correlated to the limitations of cognitive intelligence, as stated before people who score high in GMA tests can do poorly in organisations and social relations (Cherniss, 2010). An example of this would be the syndrome of Asperger’s.EI can influence job performance with the competencies of self-control, empathy, integrity, social skills, reliability, conscientiousness and motivation (Cherniss, 2010). In organisation behavioural perspective, EI can assist individuals with low GMA scores to manage their impressions well and in turn receive high performance ratings. This can be achieved by the development of links to co-workers who can provide assistance and can enrich learning- potential to that individual which than can lead to a higher level of occupation (Mehra, Kilduff & Brass 2001 as cited in Cote & Miners, 2006).According to Mayer and Salovey’s mod el, there are four main areas on EI: Identifying emotions, Using emotions, Understanding emotions and managing emotions. This model was the only model in which was supported by a confirmatory factor and measures by desirable psychometric properties (Cote & Miners, 2006). Limitations of Emotion intelligence is the dearth of studies which relates to job performance thus, is the relation of criticisms of the ‘scientific status’ of emotional intelligence in organisational behaviour (Becker, 2003; Landy, 2005, as cited in Cote & Miners, 2006).Barret and colleagues referred to emotional intelligence as â€Å"the Madison Avenue approach to science and professional practice†, he implies that the increase awareness of EI relates to the outspread of its nature which contrasts the scientific evidence (Cote & Miners, 2006). Studies have suggested that there is no relation or consistency between job performance and emotional intelligence, specifying on particular tasks as aca demic performance (Petrides, Frederickson, and Furnham, 2004, as cited in Cote & Miners, 2006).The display of competencies of emotional intelligence such as being empathetic, affiliated, highly self-aware and agreeable is not beneficial of being an effective leader (Antonakis, 2003, as cited in Pratt, Douglas, Ferris, Ammeter, and Buckley, 2003). Also, often the high need of affiliation for those requiring can place importance on individual interests rather than the organisations success (Antonakis, 2003, as cited in Pratt, Douglas, Ferris, Ammeter, and Buckley, 2003).Also, disperses of high emotional occurrences in the organisation setting, with that the concern of the negative feelings towards others could be misinterpreted. Therefore, recognising an individual’s emotions at all times is not beneficial to active and effective leadership qualities. Psychological ability defined by Wedeck as â€Å"the ability to judge correctly the feelings, moods, motivations of individualà ¢â‚¬ , which can be incorporated by that of general intelligence (Cote & Miners, 2006).Thus, because emotional and cognitive intelligence both represent that of general intelligence though in separate content domains, they may be associated with each other but would not correspond perfectly. However, several organisations have incorporated EI and GMA, IQ into their employee development programs also business schools have added EI to their curriculums (Boyatzis, Stubbs and Taylor, 2002 as cited in Cote& Miners, 2006). Most mining organisations such as (Anglo American) also have incorporated aptitude and psychological tests which include both EI and GMA, as part- of their application to job recruitment.Goleman, Mayer, Salovey and Caruso have all argued that both emotional intelligence and Cognitive intelligence make linear yet independent contributions to job performance (Cote & miners, 2006). By the combination of emotional and cognitive intelligence, people can receive higher perfo rmance in organisations. Concluding, this essay has discussed the strengths and limitations of both cognitive intelligence and emotional intelligence in relation to GMA, IQ and EI testing within the organisational level.The essay has also viewed cognitive intelligence and emotional intelligence operating in modern organisations either individually or incorporated together. Cognitive intelligence displays specific abilities in task and problem solving, strategic and analytical aspects of intelligence. Emotional intelligence demonstrates proficiency in producing the components of empathy, self-regulation and self-awareness in an organisational structure. Haslam (2007) summarised that many theorists discuss that one’s intelligence does not only compose of cognitive abilities but also an array of multiple interpersonal and emotional intelligences.References Cote` S, & Miners C. H. (2006). Emotional Intelligence, Cognitive Intelligence and Job Performance. Administrative Science Q uarterly, 51(1), 1-28. Anglo American. Retrieved from: http://www. angloamerican. com. au/careers/employment- programmes. aspx Cherniss, C. (2010). Emotional intelligence: Toward clarification of a concept. Industrial and Organizational Psychology,  3, 110-126. Haslam, N. (2007). Introduction to Personality and Intelligence. London, UK: SAGE Publication. Inc. Roberts, R. D. , Matthews, G. & Zeinder, M. (2010). Emotional intelligence: Muddling through theory and measurement. Industrial and Organizational Psychology,  3, 140-144. Schmidt, F. L. , & Hunter, J. (2004). General mental ability in the world of work: Occupational attainment and job performance. Journal of Personality and Social Psychology,  86(1), 162-173. Viswesvaran, C. & Ones, D. S. (2002). Agreements and disagreements on the role of general mental ability (GMA) in industrial, work, and organizational psychology. Human Performance,  15(1/2), 211-231.

Christian attitudes to Infertility Essay

Infertility is the inability for a couple to conceive a child by the natural processes or after a year of trying. This can happen for a number of reasons. One of the reasons could be stress. As we live in a society with high expectations for people to be successful it puts people under enormous amounts of stress which could cause them to become infertile. Another problem a couple could face is that either the man or woman could have been born infertile or one of them has an STD (sexually transmitted disease) . Another could be dieting , as some women and men diet excessively to reach size zero it causes the woman’s periods to stop which will in turn cause hormone imbalances which may make a woman infertile. Women could become infertile for a number of other reasons such as smoking, alcohol, age or being overweight or underweight . Men can also become infertile for a number of reasons such as alcohol, drugs, age and radiation and chemotherapy treatments for cancer. This makes life hard for married couples because the wish for a child is too strong. Although some couples can accept god chose for them not to have a child , some others will go to any lengths for a child. There are a number of different treatments for infertile couples. The most common is In Vitro Fertilisation (IVF).’In Vitro’ means ‘in glass’ in latin which is the way the egg is fertilised. It is a technique were an egg is taken from the woman’s womb and placed on a dish and sperm is taken from the man and used to fertilise the egg on the glass . Once the egg has been fertilised and has began to grow as a fetus it is implanted back into the woman’s womb where it grows for 9 months. The second is Surrogacy. Surrogacy is where another woman carries the baby for another couple who are unable to do so. An egg is taken from the infertile woman and a sperm from the partner and is fertilised then inserted into the surrogates womb where it grows and when the child is born it is given back to the couple. Another treatment is Artificial Insemination By Donor (AID) . This is a treatment where the sperm of a donor , who is usually unknown to the couple , is medically inserted into the neck of the woman’s womb where it fertilises the egg and grows into a child . The final treatment is egg donation . This is similar to AID ,only an egg from a donor who is usually unknown to the couple , is fertilised in a lab then medically inserted into the infertile woman’s womb to grow into the child . Georgia Allen AO2 Christian attitudes to infertility. Catholics have very strong views about infertility treatments which require research which are done on embryos which Catholics see and class as a human life. Catholics are completely against IVF as it leads to spare embryos being created and then are being used for experiments both scientific and medical. The embryos may even be thrown away , Catholics are against this because it is a life of a child and it has rights . Catholics are also against infertility treatments because children are supposed to be created through and act of love and infertility treatments interfere with what Gods plans for that couple and no body has the right to play God. Other Christians have opposite views about infertility treatments than catholics. They think infertility treatments are a good thing as it brings new life to the world and makes a couple happy. Some Christians might object to treatments where a donor is involved as some people class this as adultery because it involves somebody else in the marriage and that is wrong because it is in the ten commandments. They do agree with AIH as it involves no third party and is just between a husband and wife. Some Christians are against fertility treatments for unmarried couples or woman past the child bearing age and even homosexuals. As they think that it is not the way God planned it to be . Muslims agree to most treatments as long as they involve no third party and all natural methods of conception have failed . Muslims are completely against surrogacy and adoption . Muslims believe treatments such as AIH and IVF are ok because they use the sperm of the husband and no other person is involved. Islam is against AIH because it has been donated by another man and is seen as adultery .

Popularity of Fast Food Production Essay

Introduction The popularity of fast food production today is a direct result of busy families. In today’s society both husband and wife usually obtain full-time careers. These careers take up much of the family’s time and energy. Children of these families are usually very active in many extracurricular activities such as, Boy Scouts, football, baseball, and basketball. With all of the practice, games, and outings, these activities consume a great amount of the family’s time. In this fast paced life people find it more and more convenient to grab some food on the way home than to prepare a full meal for their family. Families find it more convenient to have someone else do the cooking and cleaning than to take more time away from each other and do it themselves. Single people find it easier to pick-up some fast food than cook a big meal for one person. It is also a result of the most obvious, people these days are just lazier than people in our past were. A person who forgot their lunch at home is more likely to choose fast food over a restaurant because of the cost difference. They could go to a fast foodrestaurant for fewer tk. than they could go to a restaurant where they would spend for one meal. Actually, it is the result of time and convenience and sometimes it is a result of the low cost. Popularity of Fast Food The growing popularity of fast food has brought about ruthless competition in the fast food industry. Fast food chains are constantly trying to please growing consumer demand by selling more food at lower prices. In order to do so, these fast food giants continuously incorporate new â€Å"efficient† business practices which provide better services to customers resulting in bigger sales and larger profit margins. In most cases, these practices are obvious. For instance, precooked hamburger patties, computer systems, and drive-throughs were each introduced to minimize production time in turn allowing for increased sales. Nevertheless, less obvious business practices have also been implemented which most consumers fail to recognize. All together, increased fast food popularity has led to the adoption ofbusiness practices involving the careless treatment of modern day farm animals. * First of all, fast food is prepared from unhealthy meat. Most animals raised as food for fast foodrestaurants come from â€Å"factory farms. † At each of these factory farms millions of animals live torturous lives. Fast food companies choose to purchase from these farms because they minimize all production costs and provide cheaply. * Fast Food Growth- Comparison * History Fast food is the term given to food that can be prepared and served very quickly. While any meal with low preparation time can be considered to be fast food, typically the term refers to food sold in a restaurant or store with preheated or precooked ingredients, and served to the customer in a packaged form for take-out/take-away. The term â€Å"fast food† was recognized in a dictionary by Merriam–Webster in 1951. Outlets may be stands or kiosks, which may provide no shelter or seating,[1] or fast food restaurants (also known as quick service restaurants). Franchise operations which are part of restaurant chains have standardized foodstuffs shipped to each restaurant from central locations. he concept of ready-cooked food for sale is closely connected with urban development. In Ancient Rome cities had street stands that sold bread, sausages and wine. Pre-modern Europe. In the cities of Roman antiquity, much of the urban population living in insulae, multi-storey apartment blocks, depended on food vendors for much of their meals. In the mornings, bread soaked in wine was eaten as a quick snack and cooked vegetables and stews later in the day at a popina, a simple type of eating establishment. In the Middle Ages, large towns and major urban areas such as London and Paris supported numerous vendors that sold dishes such as pies, pasties, flans, waffles, wafers, pancakes and cooked meats. As in Roman cities during antiquity, many of these establishments catered to those who did not have means to cook their own food, particularly single households. Unlike richer town dwellers, many often could not afford housing with kitchen facilities and thus relied on fast food. Travellers, as well, such as pilgrims en route to a holy site, were among the customers. United Kingdom In areas which had access to coastal or tidal waters, ‘fast food’ would frequently include local shellfish or seafood, such as oysters or, as in London, eels. Often this seafood would be cooked directly on the quay or close by. The development of trawler fishing in the mid nineteenth century would lead to the development of a British favourite fish and chips, and the first shop in 1860. A blue plaque at Oldham’s Tommyfield Market marks the origin of the fish and chip shop and fast food industries in Britain. After World War II, turkey has been used more frequently in fast food. As well as its native cuisine, the UK has adopted fast food from other cultures, such as pizza, Chinese noodles, kebab, and curry. More recently healthier alternatives to conventional fast food have also emerged. United States. As automobiles became popular and more affordable following the First World War, drive-in restaurants were introduced. The American company White Castle, founded by Billy Ingram and Walter Anderson in Wichita, Kansas in 1921, is generally credited with opening the second fast food outlet and first hamburger chain, selling hamburgers for five cents each. Walter Anderson had built the first White Castle restaurant in Wichita in 1916, introducing the limited menu, high volume, low cost, high speed hamburger restaurant. Among its innovations, the company allowed customers to see the food being prepared. White Castle was successful from its inception and spawned numerous competitors. Franchising was introduced in 1921 by A&W Root Beer, which franchised its distinctive syrup. Howard Johnson’s first franchised the restaurant concept in the mid-1930s, formally standardizing menus, signage and advertising. The United States has the largest fast food industry in the world, and American fast food restaurants are located in over 100 countries. Approximately 2 million U. S. workers are employed in the areas of food preparation and food servicing including fast food in the USA. FAST FOOD INDUSTRY IN BANGLADESH Fast food culture was started in the early nineties. In Bangladesh it has mainly geared towards the younger end of the market and the employees of the corporate sector. The fast food culture in Bangladesh has taken the country by storm. The first fast food shop started its business in the Bailey road of Dhaka. After that, a number of fast food shops started to grow exponentially in different places of the Dhaka city. Local entrepreneurs are leaders in pioneering the fast food industry of Bangladesh. New brands i. e. Swiss, Helvetia etc. are to name of some Bangladeshi fast food shops formed in franchising system. In early 2000, Bangladesh experienced the entry of the first international brand of fast food franchise in the country. Pizza Hut and KFC entered into Bangladeshi market having franchise with Transom Foods Limited (TFL). Both Pizza Hut and KFC are subsidiaries of the world’s largest restaurant company Yum! Restaurants International. TFL has opened three Pizza Huts and three KFC outlets in Bangladesh in a span of five years. Pizza Hut opened its flagship restaurant in 2003 at Dhaka. Following its grand success in Dhaka, the Chittagong outlet was opened in 2005. The third Pizza Hut restaurant was launched in Dhaka in 2008. Meanwhile, Kentucky Fried Chicken (KFC) perceived as high-quality fast food in a popular array of complete meals to enrich the consumer’s everyday life. TFL successfully launched the flagship KFC in 2006 and gained attention of the people with its taste, high standard of hygiene, cleanliness, interior attractiveness, affordable pricing etc. Following its enormous success in Dhaka, the second and third outlets were opened in 2008. ————————————————- Globalization In 2006, the global fast food market grew by 4. 8% and reached a value of 102. 4 billion and a volume of 80. 3 billion transactions. In India alone the fast food industry is growing by 41% a year. McDonald’s is located in 126 countries and on 6 continents and operates over 31,000 restaurants worldwide. [20] On January 31, 1990 McDonald’s opened a restaurant in Moscow, and broke opening day records for customers served. The Moscow restaurant is the busiest in the world. The largest McDonald’s in the world is located in Orlando, Florida,USA[21] There are numerous other fast food restaurants located all over the world. Burger King has more than 11,100 restaurants in more than 65 countries. [22] KFC is located in 25 countries. [23] Subway is one of the fastest growing franchises in the world with approximately 39,129 restaurants in 90 countries as of May 2009,[24] the first non-US location opening in December 1984 in Bahrain. [25] Pizza Hut is located in 97 countries, with 100 locations in China. [26] Taco Bell has 278 restaurants located in 14 countries besides the United States. [27] Current Market Size Economists at the National Restaurant Association estimated total foodservice sales for 2011 at ? 313 billion, representing a 5 percent increase over 2010. That means consumers spent an average of ? 855 million per day on food away from home. According to the National Restaurant Association’s Foodservice Industry Forecast, fast food comprised the largest segment of this market, capturing 47. 8 percent of the Takas spent. The report attributes this success to â€Å"fast food’s ability to meet consumers’ desire for value and convenience. † It was further estimated that at least 64 percent of all fast food purchases were consumed off-premises. According to Technomic, Inc. , a food industry consulting firm, almost half of consumer food Takas are spent on meals prepared away from home. In addition, food expenditures rise significantly as income increases according to the Bureau of Labor Statistics’ Consumer Expenditure Survey Data. Industry Trends This significant trend of consumers purchasing prepared meals is so pervasive that the foodservice industry has coined a new term to describe it: â€Å"home-meal replacement. † Many businesses are shifting their focus to meet the growing demands of consumers: * Most supermarkets now include a deli, bakery, and a prepared-foods section. Also, many offer fast-food service. * Boston Market has continued to expand its product lines and market share. * Famous chefs, such as Wolfgang Puck, are offering high-end prepared meals in upscale supermarkets. * Fast-food chains such as KFC, Pizza Hut and Taco Bell have formed alliances to offer multiple product lines under one roof. There are also several economic and cultural trends that have contributed to this growing demand: * Increasing number of women in the workforce * Increasing number of woman-owned businesses * Growing number of higher-income households * Americans working longer hours * Decreasing amount of leisure time * Premium placed on convenience * Trend toward purchasing personal services (i.e. , personal-trainers, house-cleaning services, home shopping services). According to Foodservice Solutions, a hospitality consulting firm: â€Å"Home-meal replacement is not a luxury today – it’s a necessity. People don’t want to take the time to cook; they have too many other things to do. People want high-quality prepackaged foods†¦ to make life easier. â€Å"| Entrepreneur Magazine selected â€Å"Personal Chef Services† as one of the top service businesses to start today: â€Å"Convenience-craving consumers are always looking for a way to do things better, faster and cheaper. Often, that means turning to a specialty-services entrepreneur who knows how to get the job done right. Those with culinary competence can likely find a hungry clientele among the ranks of America’s busy working families. â€Å"| Growth Potential of the Market Based on the National Restaurant Association’s Foodservice Industry Forecast, the percentage of food Takas spent away from home has grown from 25 percent in 1955 to 50 percent today. More importantly, the proportion of the food budget spent on meals away from home increases significantly as income increases. Households with incomes of ? 70,000 spent 81 percent more per capita (? 1,278 per person) on food away from home than the average income-reporting household (? 705 per person) according to the Consumer Expenditure Survey conducted by the Bureau of Labor Statistics. Also contributing to the potential growth in the market is the rise in affluent households documented by the Current Population Survey from the Bureau of the Census. From 1990 to 1994 the number of households earning ? 50,000 to ? 74,999 increased by 16. 4 percent; households earning ? 75,000 to ? 99,999 increased 36. 1 percent; and households earning ? 100,000 or more increased by 61. 1 percent in the same period. Affluent Households Gaining Ground Change in Number of Households| | Household Income| Increase (Decrease) in Number of Households| Percent Change| Less than ? 35,000| (1,638,000)| -3. 0%| ?35,000 to ? 49,999| (331,000)| -2. 0%| ?50,000 to ? 74,999| 2,310,000| +16. 4%| ?75,000 to ? 99,000| 1,841,000| +36. 1%| ?100,000 or more| 2,496,000| +61. 1%| Total| 4,479,000| +5. 0%| Source: Bureau of the Census A personal chef service is uniquely positioned to take advantage of the increasing demand for fast food, growing health concerns, and the rise in high-income households. Affluent working couples want â€Å"fast food,† but they want it upscale, healthy, and convenient. The founders of Truly Unique Personal Chef Service report that their business has grown 10 to 15 percent every year since opening in 1992. Many of their clients said they were getting bored with going out to restaurants and wanted something different. Customer Profile Creative Cuisine’s’ target customer will be families with two working, professional parents who are too busy to cook every night but are fed up with takeout and restaurant food. Their specific demographics are as follows: Household Income: Over ? 100,000 Age: 35 to 55 Education: College degree and/or advanced degree Marital Status: Married couples or high income single Job: Professional status (one or both partners) Children: Preferably ages 7 to 18 Homeowners: Preferably Location: Live in neighborhoods with high concentration of affluent families Customer Benefits Here are just a few of the benefits to customers if they hire Creative Cuisine: * 6 hours per week more free time (1 hour per day cooking/acquiring meal plus 1 hour per week grocery shopping) * Very convenient. * Meals customized to personal tastes * More variety * Health and nutrition benefits * Less stress * Client feels pampered * It makes life easier * Don’t have to cook * Less grocery shopping * Minimal kitchen clean-up * Peace of mind The Competition There are a handful of other personal chef services in the metropolitan area; however, since this is still a new business concept, there remains a large untapped market. Most competition for home-meal replacement exists from neighborhood restaurants, upscale fast-food outlets and supermarket prepared meals. Following is a competitive analysis of the various meal replacement alternatives: Fast Food Industry in 2012 at a Glance It is no secret: Americans love fast food. And its not just us! The Golden Arches have spread across the globe, and emerging markets are one of the fastest growing areas in the industry. But the fast food industry is not without its challenges, especially in the United States. From rising food costs, economic recession and changing perceptions about health, many fast food franchises have been feeling some heat. But rather than flee from this challenge, the fast food industry has been adopting new practices and offering new products. Modern society is on the go, and there is plenty of demand for a quick bite at all times of the day. Fast food franchising opportunities exist in the â€Å"traditional† spaces like burgers and pizza, but are also sprouting up in healthy and unique ways as well. The Industry The fast food industry, also known as Quick Service Restaurants (QSR), has been serving up tasty morsels for as long as people have lived in cities. The modern system of fast food franchising is believed to have started in the mid 1930’s when Howard Johnson franchised his second location to a friend as a means to expand operations during the Great Depression. And oh how it has grown! As cars became commonplace, the drive-thru concept brought explosive growth to the idea of food-on-the go. â€Å"Fast Food† was added to the Merrion-Webster dictionary in 1951 and U. S. fast food companies are now franchised in over 100 countries. In the U. S. alone there are over 200,000 restaurant locations! Revenue has grown from $6 billion in 1970 to $160 billion last year, an 8. 6% annualized rate. Fast food franchises focus on high volume, low cost and high speed product. Frequently food is preheated or precooked and served to-go, though many locations also offer seating for on-site consumption. For stands, kiosks or sit-down locations, food is standardized and shipped from central locations. Consumers enjoy being able to get a familiar meal in each location, and menus and marketing are the same in every location. What’s Been Going Wrong? There have been challenges for the fast food industry in recent years that have been pressuring profit margins. The industry as a whole has proven robust enough to withstand these challenges, though some players have done better than others. Over the last decade there has been increased focus on the quality of food served in fast food restaurants. Typically highly processed and industrial in preparation, much of the food is high in fat and has been shown to increase body mass index (BMI) and cause weight gain. Popular books such as Fast Food Nation and documentaries like Super Size Me have increased public awareness of the negative health consequences of fast food. Fast food companies have responded by adopting healthier choices and have had some measure of success, but the shadow of bad press still hangs over the industry. Rising commodity prices have also significantly crunched many fast food franchises. With food and beverage inputs making up approximately 33% of costs, higher prices for livestock, corn, wheat and more have seriously shrunk margins over the past decade. In such a fiercely competitive space it is impossible to force a price increase on customers, so profit margins are often south of 10%. The recent economic recession did lower commodity prices, but the recession brought on its own complications, and now prices for commodity inputs are on the rise again. Fast food had been thought to be largely recession proof, and indeed the industry did not suffer nearly as much as other discretionary spending sectors. In fact, there was some increase in consumer visits as people choose cheaper fast food options over fast casual or traditional restaurant choices. But overall, the recession hurt spending, and consumers overall purchased less with each trip. Fast food franchises fared reasonably well but still felt some pain. Market saturation is also a relevant issue in the fast food industry today, at least in the U. S. There is a McDonald franchise is in almost every town, and it usually sits in a row with several competitors. With so many competitors which offer similar products there are fewer customers per location. Increasingly fast food restaurants are also losing market share to fast casual, a relative newcomer in the restaurant space. Where do we Go from Here? Busy citizens still need quick meal options, and fast food restaurants are fighting these challenges with gusto. Now offering healthy choices to battle the stigma of unhealthy food, some quick service restaurants now focus on fresh or organic products. From franchises focused solely on salads or healthy wraps to the lower calorie options offered at traditional burger franchises such as Wendy’s or McDonald’s, consumers are able to make better choices†¦if they want! Fast food franchises are also focusing on expanding into new product lines, such as the coffee initiative in the McCafe. Intended to offer competition to Startbucks, McDonalds is luring customers back into their stores, hoping they will purchase food as well. Many franchises have been exploring other meal times such as breakfast and the mid-afternoon snack for growth opportunities and to increase real estate utilization. The industry is most effectively battling saturation within the United States by creating a much more diverse range of offerings. Sure, there is a McDonalds in every town, but there are very few crepe franchises†¦yet! From new cultural cuisines to fresh takes on a traditional story, there are many moretypes of quick service restaurants than ever before. The fast food industry is still a large and diverse industry with plenty of opportunity. As one would hope, challenge is being answered with innovation, and fast food franchises are responding with new offerings, pricing and strategies to lure consumers back in. Non-traditional fast food franchises are springing up and gaining traction, and more creativity will always be welcome! Consumers are now on the look-out for new ways to eat fast and healthy. And as the industry continues to evolve and the economy strengthens, fast food franchise profitability will continue to grow. Porter’s five forces industry analysis for Krispy Kreme Saturday, January 29th, 2011 at 9:00 am. What is Porter’s Five Forces? Well I doubt there is any need to explain one of the most famous strategic tools around but just in case, it is a tool to analyse the external industry to find the root causes of profitability. Again seeing an example is useful and below is a five forces analysis of Krispy Kreme. Rivalry among existing competitors (High +++) * High concentration of rivals e. g. Starbucks and local chains * Static market growth * High fixed costs * Perishable products (food and drink) A large number of competitors in the industry are all competing for the same customers. Coffee chains (e. g. Costa, Starbucks) are all competing to be number one in the market and have similar corporate goals. While product differentiation is limited, there is fierce differentiation by product range, brand and store ambience (e. g. seating). There are zero switching costs for customers, which promotes price wars. Market growth is static, which promotes fierce fighting for market share, and there is saturation of competition due to the limited number of prime locations available for outlets. Smaller chains have to pay a premium for prime sites or settle for less desirable locations. Threat of new entrants (Medium +) * Large capital requirements required to build chain of stores * Favourable locations are already occupied * Economies of scale in distribution and raw ingredients (lower per unit costs due to the experience curve) * Product and brand differentiation Capital requirements for individual stores are low, however new entrants wishing to compete on a like basis with national store networks, distribution channels, brand equity development and advertising, face large capital requirements to gain market share. This is reflected in the large number of individual outlets compared with the small number of large, proven top specialty eateries. The UK commercial property market is landlord-driven and controlled; premium locations in the UK are scarce and command high prices with most of the favourable locations within town centres, airports and train stations already being occupied by existing competitors. Threat of substitutes (Medium +) * Large choice of alternatives with similar products e. g. energy drinks, cakes, biscuits, ice-cream, chocolate * No switching costs. Although a consumer can choose from multiple substitutes (e. g. desserts, pastries or drinks), speciality eateries compete based on convenience and opportunity. Most people buy from speciality eateries when travelling, shopping or meeting people. This is evidenced by the location of the eateries, which is concentrated around high footfall locations such as train stations, business districts and shopping centres. For a consumer this becomes a competitive choice rather than a substitute choice (e. g. do I buy a coffee from Starbucks or Costa). Other substitutes come from full menu eateries such as restaurants and fast-food outlets with a smaller threat from supermarkets. Bargaining power of suppliers (Low) * Vertically integrated businesses with only commoditised raw ingredients * Large number of suppliers to choose from and low switching costs Bargaining power of buyers (Low) * Buyers are fragmented and numerous * Although there are no switching costs for the buyer the food and drink market is part of the fabric of society Conclusions and Recommendations. Fast food consumers of Bangladesh, especially the university students, considered brand reputation as the most important factor when choosing fast foods followed by nearness and accessibility, similarity in taste, cost and quality relationship, discount and taste, clean and hygiene, salesmanship and decoration, fat and cholesterol, and self-service. The recent upset in the fast food industry of Bangladesh was created by the discovery of unethical practices conducted by several fast food businesses resulted in consumers putting their trusts on renowned fast food brands only. Thereby it is seen that the fast food houses with reputed brand name and recognition i. e. KFC, BFC, Pizza Hut, Coopers etc. are carrying out their businesses in a usual manner even in the toughest time of the industry. The majority of the fast food brands that passed with flying colors during the mobile courts inspection for quality maintenance were able to either establish or revitalize their brand reputation. Eventually as suggested by the research findings, the university students will select such fast food brands that have brand reputation. Besides the brand reputation, the other important factors were nearness and accessibility, similar taste of fast food, cost and quality relationship, discount and taste. In case of nearness or proximity and accessibility factor, consumers prefer to go to the fast food outlets that are close from their own home or study institutions. It is seen that the fast food shops in Bangladesh has already considering the factors by establishing their outlets near big corporate houses and private universities. Especially, in Dhaka city this practice is seen in Bailey road where majority of fast food shops are located. Near Bailey road, there are 3 girls’ school and collages, and 3 boys’ school and 2 collages in walking distance. Almost similar situation prevails in Gulshan, Banani area of the city where KFC and Pizza Hut outlets are situated near 3 private universities. It is understandable from the situation that the students studying at these institutions consider these nearby fast food outlets whenever they decide to consume fast foods. There is an opportunity here however, for new fast food shops to compete with the existing fast food outlets. Since establishing a new outlet in an already competitive business space is expensive and difficult, the new fast food businesses can introduce mobile fast food outlets. Through mobile fast food outlets, new fast food businesses can deliver their fast foods that are already cooked fresh in their shops, but kept hot and delivered to the students instantly with their own choice of accompanying taste enhancers i. e. tomato sauce, cheese etc. These mobile fast food outlets could be on top of a mini-truck, van etc. The similar taste of the fast food factor refers to the fact that no matter which fast food outlet a particular fast food item is bought from, the taste should be similar. For example, if a chicken burger is bought from an outlet of KFC, the taste would be similar to any other chicken burger bought from any other KFC outlet. The taste could differ from other fast food shops as the different business use taste as differentiating factor in case of food items. But the businesses have to keep in mind that too much difference in taste of similar fast food items makes the consumers confused. The cost and quality relationship is also an important factor considered by the consumers of fast food. If the cost of a fast food item is high, it is usually considered to be carrying high quality and vice versa. So, the businesses of fast food products have to be careful in setting the prices of the fast food items. The pricing should be such as it offers the right amount to value to the consumers in a competitive price that at the same time ensures adequate profit margins for the fast food businesses. Finally in terms of discount and taste factor, the consumers consider the availability of discounts in fast food outlets. Usually these discounts are offered as group discounts i. e. arranging a party or social gathering at a reduced price package etc. Consumers consider this option when choosing fast food products. They might not immediately use this factor but it puts the fast food shop in their consideration set for later use. This study recommends that the fast food producers or distributors at Dhaka city should focus more on the brand reputation, nearness or proximity and accessibility, cost, quality, discount, and similarity in taste factors. If they are able to fulfill these needs, university students of Bangladesh will be induced to buy and consume fast food whenever they are out of their houses. However, there is an ample scope to conduct further study on the preference factors used by the office-goers, housewives, and visitors in buying fast food to determine if there are any more common or unique factors prevailing among these different groups that might be important in making decisions regarding the choice of fast food items in Bangladesh. Abstract. Fast food industry is a high growing sector of Bangladesh. It is concerned with the tastes and habits of the people. The food-taking habit especially in fast food segment has been changing very fast over last decade among the people of Dhaka – the capital city of Bangladesh. The reasons could be attributed by the increase of awareness, growth of education, development of information technology, and expansion of television channels and print media in Bangladesh. Hence, this paper aims at identifying the preference factors of fast food consumers living in Dhaka city. This study was conducted among the university students who usually eat fast food at their leisure time. To conduct the study, a total of 250 respondents were interviewed with a structured questionnaire. Both descriptive and inferential statistics were used in analyzing the data. Multivariate analysis technique like factor analysis was performed to identify the preference factors of the fast food student-consumers of Bangladesh. Multiple regressions were run to identify the relationship between the factors identified and the overall preference of the consumers. Results show that the consumers give most importance on brand reputation of the food item followed by nearness to receive and accessibility, similarity of taste with previous experience, cost and quality of the food, discount and taste, cleanliness and hygiene, salesmanship and decoration, fat and cholesterol level, and self-service factors. This study suggests that the brand reputation, nearness and accessibility, similarity in taste, and cost and quality relationship should be emphasized to improve the attraction of the university students towards the fast food items in Bangladesh.

Compare and contrast the character of the state in two Euopean Essay

Compare and contrast the character of the state in two Euopean countries with particular reference to the link between nation and sovereignty from Britain, Fra - Essay Example These premises will help in building towards the relevant theories that link the nation and sovereignty that support the definition of the character and nature of the two states that have been studied in this paper. Political legitimacy was a firm belief that emanated from various political quarters following the French Revolution in this country. Federalism is essentially a concept surrounded by political philosophy in the politics of France. This has special importance as far as sovereignty is concerned within the nation. According to this concept, a nation that follows federalism is one that believes in binding it various people, from diverse corners of the world, together. (Gill, 2003) Federalism is that system which brings people together under the able guidance of a representative who puts forward their issues without an iota of partiality. Under federalism, the nation looks at each of its citizens as equals and as brothers who are bound together geographically as well as in respect of national sentiment. The nation thus follows federalism is one that follows the principles irrespective of age, caste, creed, race, origin or color. The basic nature that has come up in the definition of the state in the case of France is one that adheres to the structuring of an international culture and society for politics that has to do with the building and propagation of new ideals. This has been well administered in France through the use of federalism so as to garner support and ideas from various quarters. (Hirst, 2001) From the concept of federalism have come various other schools of thought, which have culminated into sub concepts in their own right within the state of France and its character. One of these is the concept of dual federalism according to which the best option before any government or nation is to organize itself into separate yet equal branches of government so as to divide the state and national government in various spheres of functioning and significance. This has been used by France in the creation of a well defined state. According to this, the state government may exercise sovereignty within its own boundaries while the national level authorities will be slated to have exclusive and enumerated powers. (Gellner, 2006) Another concept that has branched out from federalism is that of cooperative federalism. According to this school of thought, the best course of action is to establish a strong network of consumer cooperative societies through which cooperative wholesale societies will be formed in order to undertake the purchase of farms and factories. According to federal cooperatives, the proceeds and profits thereof would be paid as dividends to the member cooperatives instead of the workers. This has been a major part of the definition of the nature of the state in France. (Skinner, 2003) Having studied the various aspects of federalism, it would

Information System project interpersonal skills Essay

Information System project interpersonal skills - Essay Example The real-world IT organization, when a manager trying to make a deference in approach with the expectation of much better end result, is likely to cause numerous challenges which a hybrid manager will negotiate. The challenges one might face are seen in many contemporary organisations. Finally, the strategies in which a hybrid manager, who can think in terms of technological issues at the same time human issues, might address these problems are discussed. Keen observation and indented studies make marks in today's corporate world. The present day development has brought business from a point where relationships often grew out of business deals to a deferent point where relation ships usually grow out of business deals. Information system and information technology have become the most important factors for the economy in both developed and developing world. The beginning of the twenty first century has also witnessed a change of thinking and in creating and providing value in the business approach. Information system in an organisation mostly provides connection and information between employees, customers and suppliers. At the same time information system protects the sensitive data as required by the organization and law of the land. In the new found organizational scenario information gathered and shared seems to be indispensable. Patching and Chatam (2000, pp 6) describe this organizational development has a nature of technophili a manifested on it, (an attitude which will appear in the near future as 'not to surf the net will be a terrible loss of opportunity)' by which, most of the times the much needed human touch is lost. Data and information are among an organisation's greatest assets (Klein 1998). What enables people with in an organization to develop the ability to collect information and share what they know What leads to improve the action and out come of an organization Where does the support and motivation for persistent learning through out all levels of an organization come from Xu and Al-Hakim (2002) found that while IT professionals had more confidence on the newer technology, business professionals were more concerned about the human related factors. Even when the IT professionals discussed organisational problems they seemed to be more system oriented. At the same time, the business professionals showed a wider perspective and understanding on discussing the system related issues based on the technological advancements. They focused on the human perspective believing that people's understanding of systems would impact on the quality of the information. Communication within an organization was perceived by the professionals as indispensable in building team work and personal competency. The team work and personal competency are, in fact, two factors which need to be built upon the foundation of Inter-personal skills. Over the years, we have taught and mentored project managers and then monitored their projects. We discovered that too many project managers focus so much energy on using the technical skills that they overlook what successful project managers know to be true - there is a human side to projects (Filler and Harris

Beneficial usage of flat tax Essay Example | Topics and Well Written Essays - 500 words

Beneficial usage of flat tax - Essay Example If the tax burden is redistributed, some people will pay more and some will pay less under the new flat tax system. This paper will discuss the benefits of going to a flat tax system, and examine the implications for taxpayers, businesses, and the government. The most often cited benefit to a flat tax would be to simplify the current code. The current tax code and amendments is over 16,000 pages long, takes up over 20 volumes, and costs in excess of $1100 to purchase (Greenberg). Nearly every source of income or deduction has a special attachment and entails complex complications that require the intervention of a certified tax accountant. The flat tax would simply place a given percentage of tax on all personal and business income. There would be a single exemption, and no deductions for things such as mortgage interest or charitable donations. For example, every family would get a $20,000 exemption and pay a 15 percent tax on all income in excess of $20,000. While there are some flat tax schemes that tax spending rather than income, this paper will focus on the flat tax on income. A single exemption flat tax on income is the most simplified form of taxation available. In addition to the simplicity that a flat tax would have, it would also be more fair. A flat tax would have no penalties for capital gains, savings, old capital, and pension incomes (Gale 43). Under the flat tax system, no one gets preferential treatment and there are no special provisions for individuals or specific businesses. In addition, "The low, flat rate solves the problem of high marginal tax rates by reducing penalties against productive behavior, such as work, risk taking, and entrepreneurship" (Mitchell). Everyone, without exception, would pay the same rate of taxes on their income. Because the flat tax is so simple to implement and calculate, there would be substantial savings for businesses, individuals, and the government. Businesses would no longer be subject to the