Business Law Coursework Essay Example | Topics and Well Written Essays - 1500 words

Business Law Coursework - Essay Example (or "Divies") under the principle of vicarious liability. Crates may likewise have a claim for consequential economic loss. For Abraham and Crates to successfully claim under the law of tort, it must be shown that the elements making up a successful claim of negligence exist: duty, breach, causation, and damage. In the case of Lochgelly Iron and Coal Co. v M'Mullan (1934), it was stated that the tort of negligence 'properly connotes the complex of duty, breach and damage thereby suffered by the person to whom the duty was owing'. It was likewise stated in Burton v Islington (1992) that 'it is now elementary that the tort of negligence involves three factors: a duty of care, a breach of that duty and consequent damage.' Based on the foregoing decisions, the tort of negligence to be actionable must have the following elements: (1) there is a legal duty of care owed by defendant to the plaintiff; (2) a breach of that legal duty of care consisting of an act or omission by the defendant; and (3) consequent damage on the part of the plaintiff as a result such act or omission by the defendant. [see also Markesi nis, p. 69 (1999)] In the recent case of Jones v BBC, 2007 WL 2187023 (QBD), Jones, a freelance sound recordist for defendant BBC, claimed that he suffered personal injury caused by the negligence of the defendants. During a recording of the lowering of a windmill mast, and while Jones was walking under the inclined mast, the windmill rotor fell onto his back causing severe spinal injury rendering him paraplegic. In ruling for the claimant, the court stated that the BBC, as employer, had assumed responsibility for the health and safety of freelancers when they work on BBC productions. Since the safety crew had identified a risk of the falling mast, a discussion before filming should have been made to warn the crew not to go beneath it. But the safety crew did not give the warning. Such failure of BBC, through the safety crew, is considered negligent which caused Jones' accident. It had been held that it was incumbent upon BBC, its safety crew and the owners of the farm as occupiers of the site to take steps further to those they had taken to ensure that the BBC crew did not pass under the mast during its lowering. In the instant case, the shop manager breached the legal duty of care required of him under the circumstances when he failed to give a safety warning or danger warning after opening the windows onto the pavement because it is reasonably foreseeable that such window obstructs the path of the pedestrian and is most likely to cause an accident. Thus, in the case of Crowther v Kirklees Metropolitan Council (2006), the claimant ambulance driver claimed damages for personal injuries she sustained when she went to the house of a patient where the street was a narrow cul-de-sac with no footpaths. When plaintiff got out of the ambulance and placed her right foot on the step, as it was a high drop to the road, and her left foot on the ground, it entered a large defect centred around a circular utility cover measuring 5cm in depth, 40cm in width and 46 cm in length. When her foot entered the defect, she went over on her left ankle, which she strained. In ruling for the plaintiff, the court stated that it was reasonably foreseeable that the defect could result in injury to pedestrians. The

Funding my used book store Essay Example for Free

Funding my used book store Essay This will be an outlet that deals in second-hand or used books. Literacy of a people is the foundation of a nation. We wish to encourage the culture of reading in order to eliminate illiteracy. We have chosen to go this route due to affordability. The shop’s name â€Å"Daily Books† is bound to be a crowd puller. The service will be targeting the thousands of shoppers and those whiling away window shopping or taking casual walks. Considering the hard economic times we are going through as a nation, this idea could not be timelier. Concept Funding my used book store Business Statement SBA loans are available and we are going for the lowdoc that addresses needs below $150k. This is part of the 7(a) loan program. The loans not only come with low interest rates and minimum hassles but also with entrepreneur education. This is a very helpful resource. Since some banks allow one to access funds for the business from relatives, then your proposal is well within all legal requirements. Competitive edge Products and services: Ease of getting classical novels and writings which may not be available from the conventional book shops. These may as well be collectors’ items. Inexpensive: All our books will be way below the market prices. Organization: The arrangement and placement of books will make it easy for shoppers to locate what they want and hence save valuable time. The lighting will be artistic and professional. Location: -. The shop’s strategic location is a sure winner. The university and schools’ readership will come in handy. Public relations: This is one of our greatest strengths as my partner is deep and wide reader, not to mention that I am an excellent people person and marketer. We have been careful to hire committed staff whose vision is similar to ours. Market / Industry information While the knowledge search continues to expand, there is stiff competition in the horizon. New players are joining the market not to mention new technology. The government is putting in place structures that will aid in the growth. Product/Service Information The crucial service on offer is the provision of an accessible, unique product, convenient, and a cheap service facility which promises easy access to the avid reader. The county council has been of great support since we shared our idea with them. On the launch, they have offered the parade grounds at no charge at all. They will also be sending word out to the local dwellers. Goals and strategies In the short term, we will be focusing on getting people to see the big picture. What has all along been thought of a rich man’s hobby that owning a rich home library is their preserve will now be common place. Due to our strategic location, we are assured of traffic. Our goal then, will be to focus on those walking in and around the complex. We aim to serve at least 50 walking customers per day. The tills in the stores around the town will be offering discount vouchers to all their customers in the first month after launching. The next level and secondary goal will entail advertising by use of flyers and banners. We shall also do rounds in the offices. Our marketers will visit every school in the area and the university as well. For these students, we intend to offer a discounted price especially for the course books. We shall introduce membership to all our customers with an aim of giving away bonus gifts and discounts. This will see our customer base grow from 50 to 100 after 6 months of business. In the long term, we are looking at electronic sales. This will entail a website that will advertise as well as offer on-line sales. A delivery van will come in handy for those members who may be a little out of town. The bookshop should have a readability of 500 plus faithful customers after a period of 2 years. As a backup plan for the above strategy, we will be liaising with the local bookshops as well as those in the nearby towns. We shall introduce a partnership programme that should see their sales soar as well. The idea is to bring about symbiosis and cut unfair competition. We plan to have stock lists of al the other outlets and when customers make enquiries, referential sales will be seamless. We shall encourage book owners to exchange or deposit old books that they no longer use. This idea will go along way in reducing our capital requirement for re-stocking. Payback As per the bank’s requirements, we have negotiated a very low payback interest rate. We have a 60 days initial grace period after which we shall be required to pay only 1. 5% PA on a reducing balance. This arrangement will go along way in helping us repay you within a comfortable period. It will not stretch the business neither will you be strained financially while it gives you peace of mind that your investment is secured. References Advani, A. (2005). SBA loans for your startup. Entrepreneur. com. Retrieved November 18, 2008 http://www. entrepreneur. com/money/financing/startupfinancingcolumnistasheeshadvani/article79254. html

Five issues of the bmw

Five issues of the bmw The Bavarian Motor Industry Background Bayerische Motoren Werke AG (BMW) was founded in 1916 by Franz Josef Popp in Munich, Germany and it was mainly producing aircraft engines. The circular blue and white BMW logo or roundel is portrayed by BMW as the movement of an aircraft propeller, to signify the white blades cutting through the blue sky. The first aircaraft engine BMW produced was IIIa inline-six liquid-cooled engine in 1918 and it was prefered for its high-altitude performance. With German rearmament in the 1930s, the company again began producing aircraft engines for the Luftwaffe. Among its successful WWII engine designs were the BMW 132 and BMW 801 air-cooled radial engines, and the pioneering BMW 003 axial-flow turbojet, which powered the tiny, 1944-45-era jet-powered emergency fighter, the Heinkel He 162 Salamander. When WWI ended BMW was forced to stop producing aircraft engines by the terms of the Versailles Armistice Treaty. The company consequently shifted to motorcycle production in 1923 once the restrictions of the treaty started to be lifted where the motorcycles produced where able to brake speed records and win many races. In 1928-29 BMW started the production of cars where until today its production is being driven by the passion of a luxury sports car and inovative technology. Implimeantation Of The Five Topics New technology. New technology is very importand to multinationas companies in order to comunicta and share information. The issue here is the New Technology†¦ implementing it integrating with the existing ones The second issue is the Organisational Changes Requirements†¦ the difficulty in balancing change in Corporate Culture Organisational Structure. Security/threats. In large intustries and especially in the automotive intustry importand is to be able to secure all the vital inforamtion from industrial espionage, hackers or trespassers. The issue here is How important is IT security to management The secont is What are the impacts of IT security breaches? Ethic/social issues. In todays enteprisec a lot of importance has been given into the ethics of a company and it has great importance fot the companies image and the way the company oparates. The issue here is the use of electronic surveillance The second is Ethical Issues E-commerce and its issues. Nowadays a lot of corporate giants are using business intelligence and data mining systems in order to have a better view of what the customer prefers and be able t attract more customers. The issue here is the Data security ethics The second issue is Privacy Global MIS/risks. A lot of big companies expand to other countries in order to find new markets or cheaper workforce. The issue here is Consider Partners Collaboration -expertise, funds, etc Partner and supplier relationship management Varaiable Option Conidered For BMW New Technologies The implementation and integration of new technologies is very importand in the level of compatibility with the previous hard ware systems or software systems. In order to have a Continuous flow of information between all the countries BMW is established we need to check the technological and legal barriers of each country before continuing in the implementation of new technologies. The Organisational Changes Requirements†¦ the difficulty in balancing change in Corporate Culture Organisational Structure. In big complex organisations such as BMW the imports of new technologies might disrupt the current infrastructure and that because new computer software may vanquish the need of a customer support canter because everything can be atomically through internet. Security/Threats The issue here is How important is IT security to management. In the automotive industry its important to be able to keep vital documents of the company or prototypes of designs safe from industrial espionage or malicious hackers. The way for this to be done is through with Communications (networks) controls, firewalls or encryption programs. The secont is What are the impacts of IT security breaches? The impacts of security breach in any organisation can be disastrous in terms of industrial espionage or malicious phishing programs acquiring information about members of the organisation or employs in order to use their information for internet fraud. A catastrophic breach can be easily avoided with firewalls and separate back up drives. Ethic/Social Issues The issue here is the use of electronic surveillance. BMW uses electronic surveillance in order to be protected from bad employs or spies. In this case through agrremnts made with the government in companies owned building BMW has the right to have an electronic surveillance system but must have a sing informing the persons entering the buildings about the cctv. The second is Ethical Issues. BMW as multinational company known thought out the world is also directed by its image in ethical issues. Since BMW has a fun club in the internet it is obliged by the law and for ethical issues to have the information of the members strictly confidential and not be exploited for commercial reasons. E-commerce The issue here is the Data security ethics. BMW uses e-commerce in order to have information on the customers likes dislikes and be able to be more attractive to customers. All the informations are gathered by business intelligence programs. Internet users entering the companys site are being monitored on what they browse the data collected are being stored in order to be analyzed in the design of an attractive offer. All information gathered is a part of the legal authority on the companys web site. The second issue is Privacy. Information gathered for the research of the company is to be kept confidential and private for the company use only. In my opinion the company should keep the record for the use of new ideas and records of royal customers. Global MIS/Risks The issue here is Consider Partners Collaboration -expertise, funds, etc. In global companies operating in different countries in the world means co-operations with several other organizations or parties. Since BMW has factories in Germany Austria South Africa and America they need to have partners with vehicle construction knowledge in order for them to be more efficient and improve the quality. This why in countries that BMW has factories BMW it has educational programs with technical, managerial and specialist training as well as providing assistance for higher education. The second issue is the Partner and supplier relationship management. BMW operates factories and dealerships in all over the world so it is very important to have a constant communication with all the partners and the suppliers. The best solution is a global system network between all the partners and suppliers using web services in order to be informed on any supply needs and the daily development. Lessons Learned So Far And Options Considered Differently. In a global company like BMW there are many risk of the regarding the information systems and the information technologies. In the automotive industry it is very important to have a comparative advantage over your rivals by being innovative and have a better understanding of the customers needs. All the information that is gathered and stored its of critical importance to keep them safe away from industrial espionage or hackers or phisers. It is also important to have all the internet or business application from programs like Trojan viruses, viruses, worms, or spasms because the can slow the performance of an application or even worse destroy it losing all information that are not stored. There is a big risk of internet crime of stealing personal information or information extortionists. There is a great importance from keeping your data systems or applications protected from all the possible intruders either living like hackers or social engineers or non living like programs viruses worms etc. New technology is being conastly developed either in information systems telecomunications or sience. New technoligy in the case of BMW means better production better informaion systems and comunication between all the dealerships and factoris acros the world. Inforamtion technology is based on information systems and information sharing technologies witch they are supported by communication networks such us the internet intranet or extranet wich it can be either cable or WiFi. This way multinational compaies like BMW can communicate with the factories and offices around the world and keep a constand flow of information through private server. So in todays wolrd the new technology can give the competitive advantage to help sustaining a healthy bussines with an excelent communication with factories all over the world. Ethical issues play a major part in global companies for their legal perception of the law on workforce and the public image of the company. BMW is using 29% of its earning in educational programs in third world countries something which shows respect for the workforce and a good public image. Nike for example had ethical legal issues because it had child workers in their factories. Ethical and legal issues also play role on the information systems gathering information about the customers or fun clubs of BMW through the internet or using electronic surveillance for security in private areas. In this case all information gathered or the video recorded from the surveillance cameras is legally restricted to be on public broad cast and BMW has secure storage places for all this material. E-commerce is the new way for global companies to have detailed information on their customers through surveys or intelligence programmes like data mining or predictive analysis to be able to have a better understanding of the customers choices and like in order to attract them or dislikes in order to improve. All those are part of the new technologies implemented by global companies that make full use of the internet. Of course all those information are to be used only by companys special personnel for the design of a new product or the improvement of an existing one. Major manufacturing companies that want to expand in to other countries either for its market of for the cheap labour they use globalisation systems in order to be in contact with all the factories all over the world. Global information systems like extranets XML web services electronic data interchange etc. in order for BMW headquarters to have full knowledge of all production in all of the factories scattered across the world they need to have a clear direct link with all the factories and dealerships. Its also important to have partners with who they can have a good communication and be trained in a level of mutual understanding this is why BMW has training programs teaching managerial and manufacturing courses in order to improve the quality and the efficiency. Conclusion And Improvement Ideas. In the end as we can see through the big history of BMW from 1916 to today BMW is a colossal in the industry area with factories all over the world and the need for information systems and technologies in order for the headquarters in Munich to coordinate the manufacturing plants and assembly plants all over the world with out delays from the suppliers. However the future of the e-commerce and information system is a long way a head because a new technology is being developed so the potentials of more effective communications and more improved security systems for the newly developed threats to the security of a system. So in the end global organisations like BMW will constantly rely on information and communication systems and new technology in order to operate though out the whole world. References http://www.bmwplant.co.za/Content/index.jsp.htm http://www.bmweducation.co.uk/default.asp http://www.bmw.com/ management information systems:managing the digital firm laudon laudon 9th edition http://books.google.com/books?id=7fCgRL1-gGACprintsec=frontcoverdq=management+information+systemscd=5#v=onepageq=f=false 8th chapter

External Factors Affecting a Business Essay -- GCSE Business Marketing

External Factors Affecting a Business INTRODUCTION EXTERNAL FACTORS AFFECTING THE COMPANY'S BUSINESS AND PROSPECTS There are many factors that affect the Company's business and the results of its operations, some of which are beyond the control of the Company. The following is a description of some of the important factors that may cause the actual results of the Company's operations in future periods to differ materially from those currently expected or desired. OBJECTIVE The objective of this paper is to introduce the external factors affecting the jeans industry from a business view. 1. GENERAL ECONOMIC AND INDUSTRY CONDITIONS Any general economic, business or industry conditions that cause customers or potential customers to reduce or delay their investments in the jeans industry could have a negative effect on the Company's strength and profitability. For example, a softening of demand for jeans ware may result in decreased revenues (or at least declining revenue growth rates) for jeans manufacturers in general and the Company in particular and may result in pricing pressures for products that the Company sells. 2. COMPETITION The jeans industry is highly competitive. The intense competition inherent in the industry could result in the loss of customers or pricing pressures. 3. INTERNATIONAL ACTIVITIES The Company's future growth rates and success are in-part dependent on continued growth and success in international markets. As is...

Gender, Resistance, and Violence Essay

Most people in the capitalist west take it for granted that what they refer to as the Muslim world is recognized most for marginalization and mistreatment of women and girls (Arebi, 99). This belief runs so deep that some westerners are shocked at the sight of Muslim women travelling alone or freely dressed (El-Ghobashy, 110). While the grounds for this belief may have been less shaky centuries ago, women in the Arab world have been taking more active leadership at all levels, rising to become national leaders in such countries as Pakistan, Turkey and the former Yugoslavia (Caprioli & Boyer, 506). The West, and the relatively young Israel, have attacked the Arab world on numerous occasions and not surprisingly, their soldiers are currently occupying Iraq and Afghanistan. The occupying soldiers have been blamed for imposing curfews, sexual assault, beating and humiliating the locals, shooting and injuring parents and their children, and closing border crossings at will (Dubinsky, Krull, Lord, Mills & Rutherford, 16; Mbembe, 39). It is not surprising that a large percentage of Americans are suspicious of Muslims (Asad, 97). Predictably, men in the Middle East have dominated the counter-assault on occupying forces, using such tactics as guerilla attacks, landmines, bombs and suicide attacks. However, women have not taken the backseat they would have been expected to take a century ago (Massad, 469). In resistance to occupation forces and the consequent assault on their culture, thousands of Muslim women have welcomed extremist anti-West ideas and proceeded to attack the occupying soldiers (Crossette, 39). Granted that women attract less suspicion, they make choice suicide bombers. According to Asad (94), the life of an Arab is far cheaper than an Israeli’s, according to the Israelis. It is not odd that the latter kills Arabs in their hundreds for every one Israeli killed. Arab women have been direct and indirect victims of these attacks. It is to defend their people against Israeli- and Western-inspired attacks that more and more women have joined the combat ranks of extremist organizations. Arab women have also led aggressive resistance political campaigns to champion their causes with varying levels of success (Hasso, 90). Thousands of Arab women have sought high-level education in the west and have initiated campaigns of resistance against the attacks aimed at the Arabs. Bibliography Arebi, S. Gender Anthropology in the Middle East: The Politics of Muslim Women’s Misrepresentation. The American Journal of Islamic Social Sciences, Vol. 8, No. 1, 1991: pp 91-108. Asad, T. Talal Asad on Suicide Bombing. Caprioli, M. & Boyer, M. Gender Violence, and International Crisis. Journal of Conflict Resolution, Vol. 45, No. 4, August 2001: pp 503-518. Crossette, B. Militancy: Living in a World Without Women. The New York Times, November 4, 2001. Dubinsky, K. , Krull, C. , Lord, S. , Mills, S. & Rutherford, S. (Eds). New World Coming: The Sixties and the Shaping of Global Consciousness. Toronto: Between the Lines, 2009. El-Ghobashy. Quandaries of Representation. Hasso, F. Resistance, Repression, and Gender Politics in Occupied Palestine and Jordan. Massad, J. Conceiving the Masculine: Gender and Palestinian Nationalism. Middle East Journal, Vol. 49, No. 3 (1995): pp 467-483. Mbembe, A. Necropolitics. Public Culture 15(1), 2003. Pp 11-40.

Financial Statement Analysis Essay

Introduction The use of financial ratio is very common in accounting and finance process. These ratios are used for evaluation of a business performance, as well as identifying potential problems. Each ratio is used to inform about various factors like the solvency, earning power, and debt load of the business. These ratios measure the relationship arising between two or more modules of the financial statements and pose a greater meaning if the results are compared to industry standards of businesses with same size and activity. There are various types of ratios including return or profitability ratios, which offer information regarding the management’s performance in the usage of resources. The other ratio example is liquidity ratio, which are used to demonstrate the business ability to pay its present obligations. This measures in short and long term views. The other ratio is the leverage, which examines the extent in which a company has depended on borrowing so that it can finance its operations. The other ratio is the efficiency ratio, which assesses the firm’s credit use, assets, and inventory (Libby, Libby, & Short, 2011). Identifying the company using the exhibits 1 IT service provider 2 Retail grocery stores 3 Commercial airlines 4 Pharmaceutical preparations 5 Liquor producer and distributor 6 Mobile Phone service Providers 7 Semiconductor manufacturers 8 Computer software 9 Commercial banking 10 integrated Oil and gas Conclusion The use of ratios is a very important aspect for the firm. It helps in offering information regarding the managements performance in the usage of resources, demonstrating the business ability to pay its present obligations, examining the extent in which a company has depended on borrowing so that it can finance its operations, and assessing the firms credit use, assets, and inventory. This makes it possible to rate the company’s success. References Libby, R., Libby, P. A., & Short, D. G. (2011). Financial accounting. New York: McGraw-Hill/Irwin.

Definition of Communism Essays - Socialism, Communism, Free Essays

Definition of Communism Essays - Socialism, Communism, Free Essays Colin S. Innes English 1A (083) 04/21/2015 Definition of Communism Many people might consider Communism as the root of all evil and perhaps the worst system of government. Countries like the United States have spent countless amount of time, effort and money to stop the spread and influence of Communism on the home soil and around the world. Despite freedom being mostly associated with democracy, the abuse of democracy rights could also lead to disastrous events. The most infamous event in the history of the United States in the 20th century was the McCarthyism which is also known as the Red Scare. The event can be considered as the 20th century witch hunt. The whole story happened when Joseph McCarthy was senator for the Republican party. Joseph Mccarthy accused thousands of Americans of being Communists. During the period of mid-20th century, communism is portrayed as the evil enemy of Americans. Many innocent American people were charged guilty and alienated from their community and some were even put into jails. Many famous Hollywood actors were also put into the Hollywood blacklist, which means they would not be able to go back to Hollywood anymore, despite the horrible fact that many assertions were pure speculations. Americas obsession with liberty and democracy ironically restricted individual freedom as much or more so than Communism in many other countries. However, there are many scenarios where Communism has largely benefited people on the other side of the world. The successful revolution of China can be a perfect example of how Communism can bring wealth and strength to the nation. Advocates of democracy might argue that the economic failure of both Cuba and Cambodia have been the result of blindly following the Communist system. The fact is, neither of the two countries have followed the true definition of Communism. Both countries leaders, Khmer Rouge and Ral Castro revolutionized their system to Authoritarianism. The importance of the Communist system should not always be viewed as a negative impact, but as th e alternative way to benefit other countries. Communism is a theory originated by a German Philosopher, Karl Marx. His idea is that everyone in the society receives equal amount of shares of the benefits by freeing all lower class of the society from poverty and shortening the gap between low and middle class people. This idea is implemented to help lower-class people to have the opportunity to rise up and have the same amount of profits as that of middle class people. Many Superpowers in the world such as the Peoples Republic of China and Russia are all based on the Communist system. Without the rule under Communism, both countries would probably be in total chaos. If people in the country had to provide food and shelter for themselves, many problems would appear such as poverty, starvation and diseases. The country survives through the help of government and is rising up dramatically both in terms of economy and peoples standard of living. Three aspects of Communism are what makes Communism different from other systems. Common ownership of property- replace private property and a profit-based economy with public ownership. Same social rank-which makes everyone in the society receive equal shares of the benefits. This also benefits the lower-class people to make more money and close the gap between the wealthy and the poor. Ownership of land by the government- all means of productions are controlled by the state. Common ownership of property is the single most important aspect of Communism. It means that all organizations,enterprises or communities are held indivisibly rather than individual members in the country. This aspect of Communism has created many more job opportunities for citizens in the country as well as stability for the nation itself. Because many developing countries such as China, Cuba and Vietnam do not have stable economies, by adopting the idea of Common ownership of property, it could dramatically decrease the risk of economic depression basically for three reasons. First, many people in the country usually do not have sufficient funds to open up their own businesses and many people could not purchase enough goods to meet the standard consumptions for their businesses. Thus, they are most likely to encounter hardships in the future. However,