The Fundamental Aims Of The Law Of Contract - 1554 Words

A contract, simply and popularly defined, is an agreement voluntarily entered into by two or more parties who have the intention to create legal relations. It can be said that one of the fundamental aims of the law of contract is to provide a fair framework within which the parties are free to contract. Lord Steyn has, extra-judicially, raised this point: â€Å"A thread runs through our contract law that effect must be given to the reasonable expectations of honest men†¦ Although the hypothetical reasonable man pursues his own commercial self-interest he is by definition not dishonest. The proposition can therefore be re-defined simply to say that the law must respect the reasonable expectations of the contracting parties†. As contracts are characterised by having legal consequences, the law of contract seeks to find a way of interpreting the actions and utterances of the parties in such circumstances. In establishing the legal position in a given contractual dispute, it is a general rule that the courts do not ask what it is that the parties had actually intended. The parties are depersonalised and the courts take an objective approach based on what the parties have perceivably done. The question is often asked of what a person of ordinary sensibilities, ‘the reasonable person’, in the position of the parties would have understood from their dealings and not what they subjectively reckoned. As Lord Hoffmann reasoned in Investors Compensation Scheme Ltd v West BromwichShow MoreRelatedRelations Between China And China1367 Words   |  6 PagesConvention on Contracts for the International Sale of Goods (CISG), which establishes a system of uniform sale of goods rules to govern the rights and obligations of parties to international sales contracts by taking into account the differing legal systems and different business expectations common in cross-border transactions. 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Being the heart of both Contract and Tort law, it is a pervasive phenomenon of our social life. Both Tort and Contract law protect the rights, and ‘that protection cannot be legitimately compromised to achieve the aim of just distributing’ . This proposition may be true in the late 19th century, in the present time, however, the law of obligation has been ‘built on the law of its predecessors, manipulatingRead MoreAdvertising Firm On The Lawful Impact Of The Representations 1352 Words   |  6 PagesThe fundamental reason for this report is give guidance to the advertising firm on the lawful impact of the representations in the brochure. By analyzing a scope of as of late distributed journal articles, magazine articles and websites on the point of contract law this report depicts the principle sorts of agreement and the material expected to shape a lawful contract. A contract can be characterized as an understanding containing guarantees made between two or more parties with the aim of makingRead MoreCase Analysis : Office Supply1339 Words   |  6 Pages1502: Fundamentals of Law Assignment Topic Due Date: Friday, noon, of week 9 Name- Supreet Singh Student ID- 30306815 Lecturer- Nadine Clode Q1. Office Supply brings a claim for breach of contract against CompuHelp. Discuss whether Office Supply and CompuHelp formed an enforceable contract, AND whether Office Supply is likely to win its lawsuit? Ans. In the case of CompuHelp and Office Supply: To discuss whether CompuHelp and Office Supply formed an enforceable contract we haveRead MoreIntroduction Of Business Law Coursework Assignment1717 Words   |  7 PagesIntroduction to Business Law Coursework Assignment Question 1 Part 1: In the English system, there are two laws that have a huge and fundamental impact on the English law. These two laws are the most common type of laws that are carried out within the court, either in Crown Court or the Magistrate’s Court. Depending on the seriousness of the damage caused by the breaking the law, not all prosecutions are carried out in the Crown Court. The English Law coincides within two countries of Great BritainRead MoreThe Corporate Veil : Saloman And Beyond1269 Words   |  6 Pages1. Chapter One: The Corporate Veil – Saloman and Beyond 1.1 What is Limited Liability? In any business, there is a fundamental risk of loss or failure. Such failings are induced by a variety of reasons where an individual may not be at fault. As such, likely business men would be reluctant to launch new business ventures due to uncertain success or unpredictable markets. In such a scenario there lays the possibility of losing one s personal property to repay any debts that a failed businessRead MoreCase Study : Business Law And The Federal System Of Government1079 Words   |  5 Pages Unit Name: Business Law Year: 2014 Trimester: 2 Location: VU Sydney Prepared by: Robert Alvarez Unit Code: BLO1105 Unit co-ordinator: Name: Robert Alvarez Location: Footscray Park - Room A339f Contact number: (03) 9919 5147 Contact email: Robert.Alvarez@vu.edu.au Teaching team: name: Carlo Soliman Email: carlo.soliman@vusydney.edu.au Student name: Mohamad AL Masri Student number:Read MoreDefinitions Of Offer, Acceptance, Legal Consideration, Capacity, And Legality Of A Contract1208 Words   |  5 PagesIntroduction The purpose of a contract is to enforce the agreement that the parties have prepared and to define their privileges and tasks in accordance with that contract. The legislative should implement a legal contract as it is created, unless there are factors that impede its enforcement. It is the purpose for the declaration to advance the improvement of agreements between proficient gatherings for lawful bases .As a universal statute, contracts by able parties, justifiably prepared, are compellingRead MoreEU Employment Law1698 Words   |  7 Pagesobjective, reliable and comparable date on the respect of fundamental rights in the EU.’ After enforcing the Charter of Fundamental rights as primary law, the national courts have been using the Charter frequently on different cases. The Charter had a great impact upon the nationals Court’s decision on protecting social rights related to employment and labour law. This essay will focus on the development of the Charter within the EU law through different cases. The first part of the essay will be

Competitive Advantage Report of Brazil Free Essays

In this report, I’m going to develop the competitive advantage of Brazil with Michael Porter’s theory. 1. Factor Conditions: Brazil has a great number of natural resources, especially at Amazon Planitia and the south of Brazil. We will write a custom essay sample on Competitive Advantage Report of Brazil or any similar topic only for you Order Now There has fertile soil and enough facilities. In Brazil, labors don’t cost too much, it’s good for a country to prosper in its agriculture, industry and tertiary sector. The skills and average education level of people in Brazil is not so good but not so bad. There are many people with skills and good education in some big cities in Brazil, but the conditions in those small cities are not so good. There is a gap between big cities and small cities. 2. Demand Conditions: Brazil has a large market in its large land. People in big cities like St. Paulo and Rio de Janeiro would prefer sophisticated products, but the degree of consumer sophistication may not be so high in small cities. 3. Suppliers: The major industry of Brazil is agriculture. Brazil is also good in automobile industry, iron and steel industry, petrochemical industry, computer industry, aviation industry and durable consumer goods manufacture. The supporting companies of these industries are easy to be located in the same area. Brazil used to need a lot of oil to be imported, but the percentage of the oil needed to be imported has reduced from 70% to 33%. That is what the government wants. 4. The firm’s strategy and structure as well as rivalry among competitors: Brazil is the most industrial developed country in Latin America. Brazil also has various mature manufactures. It has already gotten plenty of investment from America. Now in Brazil, some privatization issues are faced by department of insurance. The economy of Brazil is growing and there are strong competitions between businesses. Conclusion: Brazil does have some competitive advantage. It bases on the well development of some main cities like St. Paulo and Rio de Janeiro. But if Brazil want to get more competitive advantage, the government must solve the problem of the imbalance between big cities and small cities. How to cite Competitive Advantage Report of Brazil, Papers

Apple’s Design Process

Question: 1.Critically examine and explain how the four design steps adopted by apple is the right way of product design. Support your answer with example wherever necessary? 2.Going by the case, do you think Apple by focusing on a narrow product line, is following a good design strategy. Explain your answer with examples? Answers: 1. Apple is considered as one of the leading companies that maintain uniqueness through it designs. The core values of the Apple are related to their designs (Kumar, Townsend and Vorhies, 2015). According to the ex- CEO of Apple Steve Jobs, quality is always more precious than quantity. Although Apple is one of the most preferred brands among the gadget lovers, people are not much aware of their designing process (Lemley, 2014). Recently in a panel discussion it has been revealed that team of Apple mainly follow four techniques during the manufacturing of any product, those are: i) Pixel perfect mockups ii) 10 to 3 to 1 iii) Paired Design Meetings iv) Pony Meetings (Chuang, Morgan and Robson, 2015). After the discussion regarding the new product, managers rely on their excellent designers for the design. They follow the below mentioned steps: i) Pixel Perfect Mockups: This is the initial stage of designing any product. This stage usually takes lot of time, but this stage is often considered as an important stage as it helps to prevent mistakes. ii) 10 to 3 to 1: This step differs from Apple to the other brands. No other brands will destroy their ten other designs to establish a perfect design (Dooley, 2013). At first, the expert designers creates ten prototypes by using their creativity, among them only three designs is selected by the experts and then they select the one best design among all of them. iii) Paired Design Meetings: Apple always believes in teamwork. They maintain a good communication strategy among the team. While designing any new product Apple often conducts team meetings between the designers and the engineers. They discuss about every small aspects of the design. These meetings often lead to generate many innovative ideas that can be beneficial for the the emerging design. Designers and engineers usually meet twice a week. Concept of these types of meetings has been brought by the CEO of Steve Jobs. iv) Pony Meetings: Designers always keep in touch with the managers and keep them updated about the developments of the product. These types of meetings reduce the risk of future disappointments. Apple has reduced all the unimportant stages of production. This has made their production procedure simpler. They have involves those steps in the designing procedure that are considered as the key steps of production. Although, the production cost is higher in Apple from the other brands due to the, but Apple ensures the quality of the product (Jia et al., 2014). Quality is the basic priority for the Apple. Apple always welcomes the creativity and innovative ideas of their designers. They allow them to put all their creativity to develop a design. Apple brings an innovative concept about production. Management provides enough space to the designers to show their creativity. They have shown that a quality product does not only require a great team but it demands the high level of creativity (Iwaki et al., 2014). Apple has set an example for the other brands that using great creativity and teamwork can bring fame and profits altogether. 2. As mentioned in the previous case study, Apple follows a narrow product line. They deal with a few numbers of products. They do not believe in market research or diversifying the product line. They do not want to become competition for other brands and spread risk within the market. They have complete faith on the quality of their products and their own technologies. Apple is following the designing strategy. The objective of designing strategy is to consolidate the business and the creativity in such a manner that makes the design more than an artistic exercise (Alsyouf, Al-Alami and Saidam, 2015). An exemplary example is the Robert Bynder Design Inc (RBD). According to its creative head Rob Bynder, while they have merged up the designing skills with the business strategy it works as a tool that enhances the growth of the organization. Apple has also used design as their key element of the production. They consider creativity as the major tool of their strength. Designers have be en allowed to show their creativity to establish every single design. As the case study shows that designers are asked to make ten prototypes for a single design. Among those at first three designs are considered as the finalists, later on they choose only the best design for the final manufacturing process. Not every gadget manufacturing company use this process, as it is a very time consuming process and it enhances the cost of the production as well. However, quality is Apples first concern. They have used the creativity of the designers in an effective manner. Management interacts with its team frequently with the designing team but never create any obstacles for them to perform. They encourage the new ideas and provide a platform to the designers where they can show their creativity. They always maintain transparency within the organization. They ensure that designers always discuss about the new developments with the management so the future disappointments can be avoided. It shows that they are focused enough about the development of business as well but creativity is their first preference. They have set an example for all the designers those who want to achieve the goal in the path of creativity; they have shown that success can be achieved through the creativity (Gruber et al., 2015). Although Apple follows its own techniques and strategies and never relies on any market research, Apple is one of the most preferred brands in the market. Apple has complete faith on their designers and they believe their designers possess the capacity to amuse the world. Reference: Alsyouf, I., Al-Alami, A. and Saidam, A., 2015. Implementing product design development methodology for assessing and improving the performance of products.International Journal on Interactive Design and Manufacturing (IJIDeM),9(3), pp.225-234. Chuang, F.M., Morgan, R.E. and Robson, M.J., 2015. Customer and competitor insights, new product development competence, and new product creativity: differential, integrative, and substitution effects.Journal of Product Innovation Management,32(2), pp.175-182. Dooley, J., 2013. Steve Jobs' moment of silence. Gruber, M., De Leon, N., George, G. and Thompson, P., 2015. Managing by design.Academy of Management Journal,58(1), pp.1-7. Iwaki, S., Hokamura, K., Ogawa, M., Takehara, Y., Muramatsu, Y., Yamane, T., Hirabayashi, K., Morimoto, Y., Hagisawa, K., Nakahara, K. and Mineno, T., 2014. A design strategy for small molecule-based targeted MRI contrast agents: their application for detection of atherosclerotic plaques.Organic biomolecular chemistry,12(43), pp.8611-8618. Jia, L., Zhao, G., Shi, W., Coombs, N., Gourevich, I., Walker, G.C., Guerin, G., Manners, I. and Winnik, M.A., 2014. A design strategy for the hierarchical fabrication of colloidal hybrid mesostructures.Nature communications,5. Kumar, M., Townsend, J.D. and Vorhies, D.W., 2015. Enhancing consumers' affection for a brand using product design.Journal of Product Innovation Management,32(5), pp.716-730. Lemley, M.A., 2014. A Rational System of Design Patent Remedies.