Business Law Essay Example | Topics and Well Written Essays - 1500 words - 26

Business Law - Essay Example Prior to commencement of the job, Peter receives a better paying job, and does not show up for work. John can go to court and claim the $500 initial payment on grounds that Peter has breached the contract. Such a claim would be referred to as contractual liability claim. It is common occurrence for businesses, individuals or organizations to get into agreement, often in writing, for the purpose of taking on the liability or a duty of some other entity. Usually the liability is something they would otherwise not have. Such an arrangement where one entity assumes or takes on the liability of another by contract is referred to as an indemnity agreement. Each state has diverse laws on indemnity laws though they usually override common law. Indemnity agreements often form the basis of a contractual liability claim. Contractual liability may come into play in several other scenarios. Examples of such scenarios include assumption of duty, assuming of liability, contractual liability insurance, breach of contract claims, and coverage by insurance. In the UK, contractual liability fall under the Unfair Contract Term Act of 1977, which is an Act of the Parliament of the United Kingdom, charged with regulating contracts by restriction of operation and legality of contract terms. In this case study, we are going to use ILAC method to better advice Simon on the best way forward in regards to his situation. ILAC stands for Issue, Law, Application, and conclusion. This technique provide a more logical way of addressing case studies. The facts of this case study are that Fernado and Arthur have sent Simon cheques of varying amount and expect, to receive the book. Also, Simon has since sold the book to a Gollum Book Ltd. According to misrepresentation2 concepts of contract law of England, it is possible to make a misrepresentation either by conduct or words although not all things done or said constitute

Religion In America, 1492-1790 :: essays research papers

Religion in the New World exploded into the land with the colonization of thousands of immigrants. It played an important role in the development of thought in the West. Religion was one of the first concepts to spark the desires of people from other countries to emigrate to the new lands. While many religions blossomed on the American shores of the Atlantic, a basic structure held for most of them, being predominantly derived from Puritanism. Jamestown, the first permanent English settlement, showed the link the new settlers had to God when Sir Thomas Dale said the following in 1610: Be not dismayed at all For scandall cannot doe us wrong, God will not let us fall. Let England knowe our willingnesse, For that our work is good; Wee hope to plant a nation Where none before hath stood. (Morison, pg. 89) Originally, when Christopher Columbus landed on the shores of America en route to Asia, he was not interested in discovering new lands. Most Europeans at the time were looking for a way to get at the oldest part of the Old World, the East Indies. An ocean route was sought to the countries that were believed to contain riches beyond European comprehension, thus avoiding having to pay hundreds of miscellaneous middlemen involved with trade, also making for a shorter journey. These motivations were accompanied by the desire to convert the heathen to Christianity, which had been declining since the rise of Islam. By uniting some of the Western Asian countries with Christianity, Europeans hoped to form a formidable team against the Turks and recover the valuable Holy Land (Morison, p.55). Columbus was sure that God had sent him to complete this task and that he was destined to carry the good Christian ways to heathen lands. A Spanish settlement was made in 1609 named Santa Fe in what is now New Mexico (Curti, p.167). Hundreds of thousands of Pueblo Indians were then converted to Christianity. At the same time, across the country, England was establishing its first settlement at Jamestown. Originally the English, who colonized alongside the French, saw settlements in the New World as strictly trading posts, but they soon realized the valuable opportunities that lay in the virgin lands of America, such as cotton, tobacco, and several other agricultural products that could not be found anywhere else. Many of England’s problems could be solved in America, and so colonization began. When the earliest settlers came, England had the responsibility to continue the Protestant Church, and prevent the Catholic Church from converting the entire Native American population of North America (Morison, p.105) A potential Protestant refuge could be based there in the threat of civil wars or a change of religion. Religion In America, 1492-1790 :: essays research papers Religion in the New World exploded into the land with the colonization of thousands of immigrants. It played an important role in the development of thought in the West. Religion was one of the first concepts to spark the desires of people from other countries to emigrate to the new lands. While many religions blossomed on the American shores of the Atlantic, a basic structure held for most of them, being predominantly derived from Puritanism. Jamestown, the first permanent English settlement, showed the link the new settlers had to God when Sir Thomas Dale said the following in 1610: Be not dismayed at all For scandall cannot doe us wrong, God will not let us fall. Let England knowe our willingnesse, For that our work is good; Wee hope to plant a nation Where none before hath stood. (Morison, pg. 89) Originally, when Christopher Columbus landed on the shores of America en route to Asia, he was not interested in discovering new lands. Most Europeans at the time were looking for a way to get at the oldest part of the Old World, the East Indies. An ocean route was sought to the countries that were believed to contain riches beyond European comprehension, thus avoiding having to pay hundreds of miscellaneous middlemen involved with trade, also making for a shorter journey. These motivations were accompanied by the desire to convert the heathen to Christianity, which had been declining since the rise of Islam. By uniting some of the Western Asian countries with Christianity, Europeans hoped to form a formidable team against the Turks and recover the valuable Holy Land (Morison, p.55). Columbus was sure that God had sent him to complete this task and that he was destined to carry the good Christian ways to heathen lands. A Spanish settlement was made in 1609 named Santa Fe in what is now New Mexico (Curti, p.167). Hundreds of thousands of Pueblo Indians were then converted to Christianity. At the same time, across the country, England was establishing its first settlement at Jamestown. Originally the English, who colonized alongside the French, saw settlements in the New World as strictly trading posts, but they soon realized the valuable opportunities that lay in the virgin lands of America, such as cotton, tobacco, and several other agricultural products that could not be found anywhere else. Many of England’s problems could be solved in America, and so colonization began. When the earliest settlers came, England had the responsibility to continue the Protestant Church, and prevent the Catholic Church from converting the entire Native American population of North America (Morison, p.105) A potential Protestant refuge could be based there in the threat of civil wars or a change of religion.

Netflix’s business model Essay

Analysis part Question 1 In its competition with Netflix, where did Blockbuster go wrong? How was the use of customer data a key differentiator? How might Blockbuster have better positioned itself against Netflix? Answer 3 things that Blockbuster goes wrong are: 1. Slow & Inadequate Response â€Å"No Late Fees† program was misleading â€Å"Total Access† program was not well integrated – customers had to maintain separate accounts for the Web-based system and the store. 2. Structural Issues Stores were franchise-based and Web site was maintained by corporate Capex requirements for starting a separate Web-based logistics system to deliver DVDs by mail 3. Lack of Information Systems Lack of knowledge about its customers’ preferences and behaviors Lack of an appropriate CRM system Question 2 What are the core competencies of Netflix’s current business model (primary DVD-by-mail with an online component)? Assess the value of Netflix’s business as described in the case Answer Core competencies of Netflix’s current business model 1. Flexibility †¢ Subscription model – no late fees! †¢ Customers could rent and watch movies on their own schedules 2. Selection and Logistics †¢ No physical stores †¢ Allowed deep selection in a wide variety of genres 3. Convenience †¢ Mail delivery obviated the need to drive to bricks-and-mortar stores †¢ Queuing system on Web site allowed customers to have a constant flow of movies 4. Customer Insight †¢ Cinematch collaborative filtering algorithms aided the discovery process – better customer experience †¢ Recommendation system and analytics allowed deeper understanding of customer trends, which let Netflix adapt better and more quickly Question 3 What effects will the rise of the VOD market likely have on Netflix’s business model? How does VOD threaten Netflix’s business? What opportunities does it present? For opportunities, Netflix has ability to license its platform, be the benchmark in movie streaming and higher impact of Netflix’s existing CRM system. Therefore, Netflix has to shift organizational focus from logistic efficiency to technology excellence and need to invest in owning a platform to provide the service In terms of threats, the current physical distribution channel will become a liability and competitors like Apple, which has the know-how to sell online and holds a huge customer database and brand equity, will become a threat. Then, Netflix need to shift investment from logistics to technology, continue to build the Netflix brand as an instant provider of movies from studios to customers’ homes and to invest in customer loyalty and CRM solutions Question 4 Which of Netflix’s current competencies can it best leverage as a competitive advantage in VOD? Which might be liabilities (refer to the comparing value drivers in the Video Rental Market) Netflix has three core competencies to succeed in VOD market which are wide selection, brand equity and customer relationships and recommendation tool and customer knowledge. However, there are weaknesses for Netflix in moving toward VOD market, the warehouse and facilities and employee overhead will threaten Netflix in term of cost since Netflix will rely heavily on technology. Question 5 What kind of partnerships should Netflix prioritize: partnerships with content providers or with hardware/device manufacturers? Partnership Prioritization: Parallel Tracking  Netflix should not limit itself; goal is to be a service provider, not a content producer or a hardware manufacturer. Don’t compete in areas where Netflix is at point of parity; compete where Netflix has advantages. Roll up Roku effort under umbrella of device partnerships; devote resources across all initiatives evenly. Becoming the service provider and content recommender on all cable platforms is a top priority. Assume that movie studios and other content producers will want to distribute via Netflix; it is in their best interest. 1) Competition between Netflix and Blockbuster  (where Blockbuster goes wrong): The case revealed that in general without doubt Netflix was much more stronger than Blockbuster. Netflix could carry a much larger quantity and diversity across genders and at the same time Blockbuster was constrained by physical limitations imposed by its bricks-and-mortar stores, generally limited its selection to mainstream titles. Furthermore, Blockbuster made very big inconvenience for the customers who wanted to keep the movies longer time (because it limited rentals from one to five days). Moreover, customers had to pay additional amount of money (a fee) if they returned a video late. Blockbuster’s pricing model meant the customers had to pay each time they rented a video, while Netflix charged a flat subscription and were allowed to rent one to five DVDs at one time with no limit on how many could be rented in a month or no due date. Therefore, Netflix’s pricing schemes gave customers a greater flexibility comparing with Blockbuster’s pricing which was not so attractive for current customers. Also, Blockbuster could not offer for its customers one of the main things in business world – the flexibility , because it was constrained by inventory at its stores, but Netflix was strong enough to provide flexibility for customers. The problem was that main focus of a business model was based not on inventory warehouses what had negative effects for customers limiting them on keeping movies as long as they wanted to have them. However, †no late fee† program , the one Blockbuster was using, later, was also not so successful for the company as it was expected. And finally, the latest one,†¦

Water Pollution Is An Issue Of Great Concern - 992 Words

Water pollution has become an issue of great concern in our society. Many of today’s water ecosystems and drinking water are being polluted and destroyed as we speak. There are many types of water ecosystems such as oceans, rivers, lakes, and ponds witch provide homes to many different organisms. There are overwhelming factors that contribute to the problems of water pollution such as sewage, radioactive wastes, improper disposal of trash on land, and careless beachgoers. These are all significant problems that people do not realize until all of the damage is done. There are very few methods of controlling this pollution and more need to be developed in order to try and control these problems immediately. The first few causes of water pollution include sewage and nutrients from fertilizers being dumped into water. This causes a problem for all the organisms because the nutrients cause the algae and water plants to grow to abnormally large sizes. This can eventually block waterways. As the wastes decompose it uses up oxygen and blocks the flow of water in natural rivers and streams. Also, as these nutrients decompose in the water, they use up oxygen which can harm all the organisms living in the environment. Fish and other organisms living in water need oxygen just as much as humans need it. Since all aquatic organisms depend on oxygen in the water, without a sufficient supply they will not be able to survive. This would be a very dangerous thing. Anything that can decreaseShow MoreRelatedThe Importance Of Water Pollution1575 Words   |  7 PagesWater pollution is a serious environmental issue worldwide. 1 Water is one of the most valuable resources on our planet; having clean water is vitally important for our survival. Here in the United States, the Clean Water Act of 1972 was very successful in reducing point sources of water pollution; however, it has been ineffective in reducing nonpoint sources of water pollution (Manuel, 2014). Nitrogen and phosphorous that originate from agricultural sources, such as manure and inorganic fertilizerRead MoreThe Effects Of Pollutants On The Worst Drinking Water873 Words   |  4 Pagesworst drinking water? Unfortunately, let me tell yes that Houston occurs the fourth place of the ten cities with drinking water issue after Pensacola, Riverside (California), Las Vegas, Riverside County (California), and Reno. Houston is the fourth large cities of the United States. It drains many water sources such as the Trinity River, the San Jacinto Rivers and Lake Houston. These water sources provide the drinking water that we use throughout the city. The quality of this water tested by TexasRead MoreGlobal Warming And Its Impact On Ou r Earth1676 Words   |  7 PagesIn many parts of the world, there are an abundance of factors that add to the destruction of our Earth. These issues include air, water, and environmental problems that we, as a global society, contribute to everyday. 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