How to make a payment - Free Essay Example

Sample details Pages: 7 Words: 2023 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? 187882 Structure: Issues, Legal rules and application Jack has signed an agreement with the bank after seeking legal advice that the contract makes him personally liable for the full amount of the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s debt and that his house is at risk if the company defaults. However, he could avoid the liability if he can demonstrate that his signature on the document was obtained by fraud or misrepresentation, or non est factum. On the other hand if he fails to establish any such claim then it would be immaterial whether or not he had knowledge of the fact that his house is at risk and that he would be personally liable for the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s debts. Misrepresentation à ¢Ã¢â€š ¬Ã…“The terms of the contract are not the statements of fact but promises.à ¢Ã¢â€š ¬Ã‚  These may be about the past, present or future facts. Karen, in this case has not explained the full facts or extent of the Companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s financial situat ion and its dire need for further funding to pay off the liabilities it has built up to Jack. This has clearly resulted in Jack believing that she can turn the company around. The rules on misrepresentation are drawn partly from the law of tort and partly from equity and supplemented by the Misrepresentation Act 1967. In Headley Byrne Co Ltd v Heller Partners Ltd (1) (2) it was held that Plaintiffs Heller Partners could not recover any damages from the bank although the bank gave a credit reference for Easipower Ltd, one of their customers. A claim for tortuous action for negligent statement was possible in principle. This was then proved in Esso Petroleum Co Ltd v Mardon (1976) (3) (4) when it was held that if one party to the contract is induced to enter into the contract by making negligent statements by the other party to the contract and that the other party has reasonably relied on it, then an action for liability in tort could be brought. Mr Mardon relied on the sales f orecasts produced by Esso executives which did not materialise. The Court of Appeal held that Mr Mardon entered in to the transaction believing the sales forecasts produced by Esso and as a consequence incurred a loss therefore, he was entitled to damages. On the other hand, in the Grogan v Robin Meredith Plant Hire Ltd, (5) (6) it was held that a signature on a document which serves an administrative purpose cannot be taken as a contractual document. Similarly, in Thoroughgood (1582) (7) (8) an illiterate Landlord was owed a rent by a tenant. The tenant prepared a deed which was incorrectly read over to him by a bystander. The document he believed he signed was to waive the rent arrears by the tenant however the document actually signed his rights away to that property. Subsequently the tenant sold the land to an innocent buyer which had to be recovered by a legal action for trespass. Thoroughgood succeeded in his action as the document he signed was misrepresented to him. Si milarly in Lloyds bank Plc v Waterhouse (9) (2) an illiterate farmer signed a bank guarantee for  £192,163 for his son for the purchase of a farm. Although he asked the bank about the terms he did not read the guarantee document before actually signing it, he did not tell the bank that he has not read the guarantee document either. He genuinely believed that he was signing a document which would only cover the loan on the farm and not an à ¢Ã¢â€š ¬Ã…“all monies guaranteeà ¢Ã¢â€š ¬Ã‚ . It was held that he was not under any obligation to tell the bank the fact that he was illiterate. Obviously he received satisfactory answers to his question from the bank and therefore he signed the document. On this basis, the court allowed his appeal. The plea of non est factum was used to protect illiterate persons who were tricked into signing documents. Eventually it became available to literate persons signing the documents believing it to be something completely different from wh at they believed it was. Applying this to the current scenario, Jack is an employee and Karen is an Employer and the Courts will infer dependence from this relationship. Obviously Karen is in a stronger position than Jack and able to exert influence. This is one of the classic three party undue influence cases where Karen has failed to explain the full extent of the charge on her house. The courts have developed a doctrine where it is needed to establish whether the lender had made one party, usually the husband, its agent for the purpose of getting the other party, the wife, to sign the charge. In Barclays Bank v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Brien (10) (11) the House of Lords held that the real issue was whether or not the bank had notice and not a question of husband being made as its agent. Although the doctrine of undue influence is applied to contracts it also applies in a same way to gifts and other transactions. In order for this doctrine to apply it is necessary to establish that o n of the parties to the contract has depended on the other party to the contract. As a direct result of this the other party has taken advantage of that dependence. In Là ¢Ã¢â€š ¬Ã¢â€ž ¢Etrange v F Graucob Ltd (12) (6) Miss Là ¢Ã¢â€š ¬Ã¢â€ž ¢Estrange was the owner of a cafÃÆ' © in Llandudno. She purchased a cigarette vending machine from Graucob Ltd. The machine became defective. She claimed that Graucob Ltd were in breach of an implied term that the machine was reasonably fit for its purpose. Graucob Ltd denied that any such term could be implied. They relied upon a clause in the order form, which the plaintiff had signed, which said à ¢Ã¢â€š ¬Ã‹Å"any express or implied condition, statement, or warranty, statutory or otherwise not stated herein is hereby excludedà ¢Ã¢â€š ¬Ã¢â€ž ¢. This clause was in à ¢Ã¢â€š ¬Ã‹Å"regrettably small printà ¢Ã¢â€š ¬Ã¢â€ž ¢ and Miss Là ¢Ã¢â€š ¬Ã¢â€ž ¢Estrange had not read it and did not know of its contents. The court decided that Miss Là ¢Ã¢â€š ¬Ã¢â€ž ¢Estrangeà ¢Ã¢â€š ¬Ã¢â€ž ¢s signature on the order form containing the clause meant that her lack of awareness of the exemption clause was irrelevant. The clause prevented the term from being implied, but Graucob were not in breach of contract despite the defects in the vending machine. A signed document is governed by very strict legal rules, generally. A person who signs the document is bound by it if there is no fraud or misrepresentation. Jack would be able to rescind the contract if he can prove that he was induced by Karen to sign it by not giving him accurate information about the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s prospect of recovery from its financial troubles. However, the bank who is in this case the bona fide third party has acquired rights to repossess his property to realise its debt. The only possible defence he could have is to claim that the contract is void by claiming non est factum and that his mind was completely occupied by the thought that Karen would turn the company around. Foster v Mackinnon (1869) LR 4 CP 704 (13) (14) In this case a bill of exchange was signed by an elderly gentleman. He was told that the document contained the same guarantee as the previous guarantee document he had signed. Only the back of the document where he signed was shown to him instead of the full document. It was held that a new trial should be conducted and Byles J stated: It seems plain, on principle and on authority, that if a blind man, or a man who cannot read, or who, for some reason (not implying negligence) forbears to read, has a written contract falsely read over to him, the reader misreading it to such a degree that the written contract is of a nature altogether different from the contract pretended to be read from the paper which the blind or illiterate man afterwards signs; then at least if there be no negligence, the signature obtained is of no force. And it is invalid not merely on the ground of fraud, where fraud exi sts, but on the ground that the mind of the signer did not accompany the signature; in other words, he never intended to sign and therefore, in contemplation of law, never did sign the contract to which his name is appended. In the present case, he was deceived, not merely as to the legal effect, but as to the actual contents of the instrument. Section 2(1) of the Misrepresentation Act provides a plaintiff with damages for negligent misstatement unless the other party can prove that the facts presented were true. The party who made the misrepresentation has to show that they acted reasonably. In Howard Marine and Dredging Co. Ltd v A. Ogden and Sons (Excavations) Ltd (15) (16), contractors wanted to hire some barges. The capacity of the barges was important because that would determine how soon the job could be done. They got an oral reply which was incorrect. Hence the work took longer and so Ogden refused to pay the hire charges for the extra time required. Howard Marine sued O gden but they claimed negligent misstatement. The Court of Appeal held in majority that the person who made the inaccurate statement was liable under section 2(1) of the 1967 Act. Bridge L.J. stated: à ¢Ã¢â€š ¬Ã…“the statute impose an absolute obligation not to state facts which the representator cannot prove he had reasonable ground to believe.à ¢Ã¢â€š ¬Ã‚  On the further claim for common law negligence, the court was divided. So Ogden did not succeed in tort for damages for negligent misstatement. Conclusion Jack was advised to seek independent legal advice by the bank and recommended a lawyer for him to advice on this issue. However, despite clear advice from the lawyer that his house could be at risk if Karenà ¢Ã¢â€š ¬Ã¢â€ž ¢s company fails to make repayments to the bank, Jack decides to go ahead with the charge and signs the document. Therefore, the bank is in a strong position to argue that they have taken all the necessary steps to prevent Jack from signing the do cument without understanding the risks involved especially when he has taken legal advice. Therefore, in this circumstances if Jack decides to make an application to set aside the transaction claiming he entered into this transaction under undue influence would most certainly be unsuccessful. It should be noted at this point that as a general rule a person is bound by a document he signs unless he had been induced to sign by fraud or misrepresentation, in which case it would be voidable. However, it may be possible to file for indemnity against the Director, Karen, for misrepresentation and offer the bank a certain amount of money every month to pay off the debt to the bank if she wants to save the house. He could take an action against Karen the Managing Director of the Company for obtaining a charge on his house to secure companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s overdraft facility by misleading him and putting him under pressure. If on the other he claims that it is not my deed then, a succe ssful plea would render the document void. Bibliography 1. Hedley Byrne Co Ltd v Heller Partners (1964) AC 465 2 Lawtel [Homepage on the Internet]. [cited 2006 05 05]; Available from https://www.lawtel.com 3 Esso Petroleum Co Ltd V Mardon (1976) 2 A11 ER 5, CA 4 Misrepresentation. In: Koffman L, Macdonald E. The Law of Contract. 5th ed. London: Lexis Nexis; 2004. 341 at 345 5 Grogan v Robin Meredith Plant Hire (1996) 15 Tr LR 371 6 Exemption clauses. In : Koffman L, Macdonald E. The Law of Contract. 5th ed. London: Lexis Nexis; 2004. 165 at 170 7 Thoroughgoodà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case, Thoroughgood v Cole (1582) 1 and 129 8 Mistake. In: Koffman L, Macdonald E. The Law of Contract. 5th ed. London: Lexis Nexis; 2004. 306 at 338 9 Lloyds bank Plc v Waterhouse 10 Barclays Bank plc v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Brian [1994] 4 All ER 417 11 Duress and Undue Influence In: Koffman L, Macdonald E. The Law of Contract. 5th ed. London: Lexis Nexis; 200 4. 384 at 410 12 Là ¢Ã¢â€š ¬Ã¢â€ž ¢Estrange v Graucob [1934] 2 KB 394 13 Foster v Mackinnon (1869) LR 4 CP 704 14 Lawteacher [homepage on the Internet].[cited 2006 05 05]; Available from https:// www.lawteacher.net 15 Howard Marine and Dredgining Co Ltd v Ogden (A) Sons (Excavatins) Ltd (1978) QB 574, CD 16 Misrepresentation. In: Hogan B, Seago P, Bennett G. à ¢Ã¢â€š ¬Ã…“Aà ¢Ã¢â€š ¬Ã‚  level law. 4th edition. London: Sweet Maxwell Ltd: 1996 Don’t waste time! Our writers will create an original "How to make a payment" essay for you Create order

breast cancer Essay - 1111 Words

Breast Cancer nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;Breast cancer is the most common cancer among women. The American cancer society estimates that in 2002 about 192,200 new cases of breast cancer will be diagnosed among women in the U.S. alone. Breast cancer also occurs in men. An estimated 1,500 cases will be diagnosed among men. In 2002, there will be about 40,600 deaths from breast cancer in the United States. nbsp;nbsp;nbsp;nbsp;nbsp;What is breast cancer? Breast cancer is a malignant tumor that has developed from cells of the breast. To make it easier I’ll put it this way. When the body needs new cells they will divide or reproduce. Sometimes the cells grow and divide out of control, which creates a mass†¦show more content†¦Look for†¦  ·nbsp;nbsp;nbsp;nbsp;nbsp;A mass or lump, that feels as small as a pea  ·nbsp;nbsp;nbsp;nbsp;nbsp;A blood stained or clear fluid discharge from the nipple.  ·nbsp;nbsp;nbsp;nbsp;nbsp;Redness on the skin on the breast or nipple.  ·nbsp;nbsp;nbsp;nbsp;nbsp;A marble like hardened area under the skin.  ·nbsp;nbsp;nbsp;nbsp;nbsp;A change in the size, shape or contour of the breast.  ·nbsp;nbsp;nbsp;nbsp;nbsp;A change in the feel or appearance of the skin on the breast or nipple.  ·nbsp;nbsp;nbsp;nbsp;nbsp;An area that is distinctly different from any other area on either breast. There are many Types of breast cancer. The most common types of breast cancer are Infiltration Ductal Carcinoma, this is when the cancer starts in the milk ducts of the breast. Then it breaks through the wall of the duct and invades the fatty tissue of the breasts. This is the most common form of breast cancer. Ductal carcinoma in situ is ductal carcinoma in its earliest stage. In situ it means that the cancer hasn’t spread beyond its original point. This meaning that the disease is left in the milk ducts and has not invaded nearby breast tissue. If it is left untreated it may became invasive cancer. It is almost always curable. Another kind of cancer is Infiltration Lobular Carcinoma. This cancer begins in the lobules of the breast where the breast milk isShow MoreRelatedBreast Cancer And Cancer Prevention2347 Words   |  10 Pages INTRODUCTION Statistics indicate that breast cancer-related complications are among the top causes of death among women for over 23% of all women’s deaths in the world (Donepudi et al., 2014). The great cases of breast cancer are attributed to lack of information on and hard data on the disease, especially on early diagnosis and treatment options. 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Though males are not immune from developing a breast cancer, for the purposes of thisRead MoreBreast Cancer : Cancer And Cancer946 Words   |  4 PagesSkylar Steinman Period 6 Ms. Jobsz 12 February , 2016 Breast Cancer It is commonly known that Breast Cancer is one of the most insidious diseases that mankind has had to deal with. With the discovery of the BRCA1( BReast Cancer gene one) and BRCA2 (BReast Cancer gene two) genes, breast cancer can be detected with a great amount of certainty on a genetic level in some women and men. 40,000 women and men die of breast cancer each year. Knowing this it is very important to try to detect the mutationRead MoreBreast Cancer : Cancer And Cancer1530 Words   |  7 Pagesâ€Å"Cancer† is the name for a group of diseases that start in the body at the cellular level. Even though there are many different kinds of cancer, they all begin with abnormal cell growth with the potential to invade or spread to other parts of the body. These abnormal cells lump together to form a mass of tissue or â€Å"malignant tumor†. Malignant means that it can spread to other parts of the body or Metastasize . If the breast is the original location of the cancer gr owth or malignant tumor, the tumorRead MoreBreast Cancer : Cancer And Cancer Essay1741 Words   |  7 Pages Internationally, breast cancer is the most commonly diagnosed cancer and the leading cause of cancer related death amongst women. (CITE) Each year an estimated 1.7 million new cases are diagnosed worldwide, and more than 500,000 women will die of the disease. (CITE) According to (CITE), somewhere in the world one woman is diagnosed with breast cancer every 19 seconds and more than three women die of breast cancer every five minutes worldwide. (CITE) Breast cancer is a heterogeneous condition thatRead MoreBreast Cancer : Cancer And Cancer1372 Words   |  6 PagesBreast Cancer Disease Overview Breast cancer is a disease in which certain cells in the breast become abnormal and multiply uncontrollably to form a tumor. Breast cancer is the second most commonly diagnosed cancer in women. (Only skin cancer is more common.) About one in eight women in the United States will develop invasive breast cancer in her lifetime. Researchers estimate that more than 230,000 new cases of invasive breast cancer will be diagnosed in U.S. women in 2015. Cancers occur when aRead MoreBreast Cancer : Cancer And Cancer1471 Words   |  6 PagesBreast cancer Introduction to Breast cancer Breast cancer is one of the most common forms of cancer only surpassed by lung cancer. It involves a cancerous tumour located inside the breast but spreads if treatment is not administered. (Evert et al 2011) Breast cancer can be treated if diagnosed in its early stages but becomes progressively more difficult upon reaching more advancing malignant stages. Breast cancer can be confused with being a female only disease however both sexes suffer. AccordingRead MoreBreast Cancer : Cancer And Cancer1921 Words   |  8 PagesIntroduction Cancer is a term that every individual on this planet wants to avoid hearing when they go to their yearly check up at the doctors. However, as person ages, they are prone to develop some sort of sickness and most of the time, they could develop cancer of some sort. For this research paper, I am going to go over breast cancer. Breast cancer is a well-known type of cancer with awareness events going on to support both women and men who has breast cancer. According to American Cancer Society

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Describe Different Events And Their Characteristics Of The...

Unit 22: Describe different events and their characteristics in the hospitality industry The Events industry opens a great employment opportunity for hospitality work. Due to the recent growth in events the standards for what can be called a great event has been raised. Expectations from people attending events such as weddings have been risen therefore the quality of the events has become more elaborate and expensive. As shown in the â€Å"annual income from events† table below; corporate events like conferences and meetings bring in the most money. This is partly because they involve massive companies who are able to pump tones of money into these events. Sports and music events are expected to boom in 2015 and 2020 with stadium capacities growing places such as the Olympic Stadium in London will need to fill them as rent on stadiums like these are costly meaning more events not just sport events will be held in sports stadiums in order to generate extra income. Music events have over recent years become a place where young people love going. Event organisers have realised this and have tailored there marketing to aim their music festivals and concerts primarily at young people. One type of event which is not on the list is celebratory events such as Weddings, Birthdays, Christmas parties, etc. These type of events are expensive. For example the average cost for a wedding in the UK is  £21,000 each and that is not including the honeymoon or rings. With a venue setting youShow MoreRelatedCase Study : Hotel Management And Tourism1388 Words   |  6 Pagesor attending a special event because your boss required you to, you will be sure to encounter those of us who have chosen the hospitality field as a career. 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The Equal Opportunity Act (2010) is legislation that protects people. That applies to employers, but also defends all workers, included full/part time worker and interns. (Australian Human Rights Commission 2014). Under the law, discrimination, prejudice, racism, as well as sexual harassment, are individual behaviours, which are connected to insulting, speakingRead MoreRelational Leadership And Hospitality Industry : Retaining And Enhancing Relationship Between Leader And Follower1823 Words   |  8 PagesThis literature review is aimed to link relevant literature to the researched topic: „Relational leadership in events and hospitality industry: retaining and enhancing relationship between leader and follower. â€Å" A major purpose of the researched topic is to assess followers’ approach of maintaining and reinforcing the relationship with t he leader. The main topics that were researched in the review are leadership, relational leadership which includes transactional and transformational leadership,Read Morehospitality industry5225 Words   |  21 Pagesdiversity in hospitality industry (P1)†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.2 1.2 Structure of different hospitality organizations (P2)†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...6 1.3 Hospitality role and professional bodies (P3)†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦8 LO2 2.1 Staffing requirements for different hospitality industry (P4) †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦10 2.2 Role, responsibilities and qualification required for hospitality staff (P5)†¦Ã¢â‚¬ ¦..11 LO3 3.1 Operational, managerial and legislative issue resulted from recent developments affecting the industry (P6) †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreThe Impact Of Diversified Workforce And How Management Handles Their Employees From Different Cultural Backgrounds3622 Words   |  15 PagesAbstract The hospitality industry around the globe is characterized by the existence of diversified workforce. As a result, it requires highly skilled Human Resource Management (HRM). The research paper here tries to acknowledge the impact of diversified workforce and how management handles their employees from different cultural backgrounds. The paper gives a brief background of the story, followed by an extensive literature review. The literature review section focuses on various theories and

Summary of Plato’s Protagoras Free Essays

Summary Protagoras In Plato’s dialogue â€Å"Protagoras† Socrates tells a companion his experience and interview with a man he deems fairer than Alcibiades. His name is then revealed to be Protagoras. Protagoras is described as a wise man because if one makes friends with him and gives him money, he would make the benefactor as wise as he is himself. We will write a custom essay sample on Summary of Plato’s Protagoras or any similar topic only for you Order Now From this it can be understood that Protagoras has the gift of speech. He is able to persuade a man as well as have him to whatever he wishes. A Socrates question that, if soul is more sacred than body, why does Hippocrates choose Protagoras over his family and friends to consult in the matter. He believes that Hippocrates does not even know what a Sophist truly is but still chooses to offer his soul to him. Socrates believes that the food of the soul. He compares a Sophist to a dealer and as all dealers they praise all of their goods indiscriminately. So the customer is in danger of purchasing something that may harm him. If one is not a specialist in the particular field he may be cheated. When absorbing the knowledge of a Sophist one should also be careful and calculate what knowledge is useful to him, as the knowledge will have effects on the soul. Then Protagoras says that by associating with him, he would make Hippocrates a better man by sharing his wisdom daily. He would teach him prudence in private and public affairs, teach him to order his house in the best manner, teach him speak in the affairs of the state. So to say, teach politics and make a good citizen out of him. However, Socrates doubts this. He says in the affairs of the state every citizen has a say and it does not matter if he is or is not taught politics. As well, he says that if a man does gain wisdom there is no guarantee that he would share it with others or be acknowledged for it. Although, the man is given the gift of wisdom in comparison to other animals, he is not able to govern himself properly, which results in raging, never-ending wars and conflict. Every man if taught properly can attain needed skills (medicine, sciences), however, those already able to teach did not choose lightly their pupils. Good and bad qualities may be influenced by nature and chance. A rational man does not punish in regards of the past (something that cannot be undone) but thinking about the future. He punishes to prevent the wrong from repeating so as emphasising that virtue may be taught. A man punishes those he believes are evildoers. Protagoras believes that justice, temperance and holiness must be taught to all who wish to learn. If the pupil does wrong, he must be punished so he would become better. Those who refuse should be exiled or sentenced to death, as they would be deemed as incurable. People teach each other their virtues according to their own abilities. It may be difficult to find a teacher for an expert artisan but easy for one who is a complete beginner. Virtue may be divided into parts, for example, justice, temperance, and holiness. Although, they are all related, they also differ. They each have their own function. It is said that each quality or action has only one opposite but both temperance and wisdom were concluded to have the same opposite – folly. Later, the characters analyse poems. It is said that it may be hard to become good but impossible to remain good as a man makes mistakes and has weaknesses. Circumstances may make the man lose his goodness. They question what makes a man good. It is said that the good man may become bad in time, but the bad man cannot become bad, as he is already bad. * While a good man will feel for those wronged as well as his family and his country, a bad man will gain join and find faults. How to cite Summary of Plato’s Protagoras, Essay examples

Competitive Environments of a Business- Free-Samples for Students

Question: Assess the General and the Competitive Environments That the Company May Face if they try to Expand in Kenya. Answer: Introduction We Work is an American business enterprise that aims to provide its clients with a shared space of work (Wework.com, 2017). It also provides services and communities for the freelancers, entrepreneurs, small businesses, startups and the other large business firms. Headquartered in New York City, the company was founded in 2010. The company was founded by Adam Neumann and Miguel McKelvey (Wework.com, 2017). The company is known for building and designing virtual and physical communities for the entrepreneurs to share office space and other services. The following report attempts to assess the general and the competitive environments that the company may face if they try to expand in Kenya. The overall goal of the report is to help the concern with the long-term opportunities for growth of the concerned business. Discussion The major ways to analyze the competitive environments of a business is to analyze the concerned area with the help of the Porters five-force model (Dlken 2014). The PEST Analysis is needed to analyze the political, economic, social and the technological aspects of the company that may be necessary to help the concern to expand in their country of choice (Shabanova 2015). PEST Analysis The PEST Analysis of the company analyses the political, economic, social and technological aspects that might be taken into consideration. Political factors The legal system of the country is found to be a blend of the Islamic law, the English common law and the customary law. The trade practices of the country are restricted. The Land Act, the Condominium and Mortgage Financing Act are strict thereby not allowing the real estate market to be active. Economic factors The rates of interest and inflation highly influence the cost of the financing of the housing projects that in turn increase the cost of the apartments that the company plans to provide. The access to the long term funds, the low levels of income and the informality of the risks to credit, the high rates of interest and the lack of supply in case of new constructions (Njoroge 2013). Social factors Growth of population Changes in the lifestyle changes Attitudes towards the concepts of leisure and work Technological factors Provisions of multi-level car parking Installation of security software Error free wireless internet connection Porters Five Force Analysis The Porters Five Force model helps the concerned company to have an idea of the challenges that it may face in the concerned area of expansion (E. Dobbs 2014). There are five factors involved in the above-mentioned analysis Industry Rivalry The sharing industry is an upcoming trendy industry that seems to be more competitive. The industry rivalry refers to the rivalry amongst the concerns that work in the same business sector or provide the clients with similar products (Rothaermel 2015). We Work may face a high level of threats from the existing companies like Design Build, offering the same benefits to the clientele. The company may find it difficult to attract the customers of the other companies. Thus, they may have to deal with a smaller client base on expanding to the new market at Kenya. Buyer Power We Work may also be affected by the number of the companies that provide the clients with similar products and services. This may in turn affect the annual turnover of the concerned company. They provide their clients with the option to share the workspace. This may prove to be an advantage that they have over the other competitors like Gebeya. Supplier Power The companies that provide their clients with shared workspaces do not own the assets that they provide. Thus, the owner of these assets do have a say in the matters that they may or may not allow on the properties that have been let out for the sharing purposes. The suppliers also have a say in the price that is set by the company, We Work in this case. This also may affect the annual income of the company. Threats of New Entrants In the case of We Work, the threats faced due to the new entrants is medium. The concept of the shared workspaces is trendy in todays world. A number of firms are found to be interested in this work arrangement. The advantage of being one of the first movers that the company in discussion has over the other competitors is important (Njeru, Stephen and Wambui 2013). The costs of starting up the company is high. This prevents the competitors from entering the market thereby reducing the threats to the annual turnover of the company. Threats of Substitutes We Work faces a medium level of threat from the substitutes in the field of its work. There are plenty of traditional options available for workspaces that may be provided by the company that may include hotels, single homes. A number of customers in the modern times are on the look for options to share workspaces because of their added advantage of being cheaper. These arrangements add value to the company, as they are less accurate in the personnel projections. Recommendations The company must focus on the advantage of being the first company of its kind to be expanding in Kenya. In order to achieve success, they should concentrate on the uniqueness of the products and services that they offer. There should be enough creativity in the products that they aim to sell. The company may also try to expand in the country by providing their customers with broader spaces that can be shared for the purpose of work Conclusion In conclusion, to the above discussion, it may be said that there exists high prospects of flourishing of the company, We Work if they plan to expand in the Kenyan market. The population of the country being high, the annual turnover of the company may face a huge gain if the company expands in this area. The analyses of both the competitive market and the general external environment are seen to be favorable for the expansion of We Work in the Southern and Eastern African market, especially in the country of Kenya. References Dlken, F., 2014.Are porters five competitive forces still applicable? a critical examination concerning the relevance for todays business(Bachelor's thesis, University of Twente).Dobbs, M., 2014. Guidelines for applying Porter's five forces framework: a set of industry analysis templates.Competitiveness Review,24(1), pp.32-45. Njeru, N.E., Stephen, M.M. and Wambui, M.A., 2013. Analysis of factors influencing formulation of strategic plans in Embu North District, Embu County, Kenya.Global Business and Economics Research Journal,2(5), pp.116-129. Njoroge, S.G., 2013. Operations stratergies in Kenyas real estate sector.Unpublished MBA research project. Rothaermel, F.T., 2015.Strategic management. McGraw-Hill Education. Shabanova, L.B., Ismagilova, G.N., Salimov, L.N. and Akhmadeev, M.G., 2015. PEST-Analysis and SWOT-Analysis as the most important tools to strengthen the competitive advantages of commercial enterprises.Mediterranean Journal of Social Sciences,6(3), p.705. Wework.com (2017).Mission | WeWork. [online] WeWork. Available at: https://www.wework.com/mission [Accessed 14 Nov. 2017]. Wework.com (2017).WeWork Coworking and Office Space. [online] WeWork. Available at: https://www.wework.com/ [Accessed 14 Nov. 2017].

Modeling Business Strategy free essay sample

A discussion of business process modeling in a globalized economy. This paper begins with an overview of the business process and introduces concepts of business process modeling. The problem of population control in Bangladesh is explored to demonstrate how the strategies in business modeling can be used to deal with challenges and achieve goals. In the ever increasingly competitive and globalized world economy, business corporations face a never ending cycle of growing competition and in order to effectively meet these challenges to their successful functioning as business entities businesses use business innovation techniques like business modeling process re-engineering, downsizing and outsourcing among many others. These are the main techniques companies use to redesign themselves in reaction to the various business challenges. The result is expected to be a pliable company that can sidestep the many perils that a business has to face in the intensely competitive global environment.