Business Law - Case study Example | Topics and Well Written Essays - 2000 words

Business Law - - Case Study Example An "offer" in the context of contract law has been described as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the "offeree.3" The "expression4" may take different forms and Hard Water's original quotation will satisfy this requirement. The intention element is an objective consideration and the case of Smith v Hughes 5emphasised the relevant consideration as being a focus on how a reasonable person would view the situation. Furthermore, the law distinguishes between an offer and an invitation to treat, which is not an offer but an indication of willingness to negotiate a contract6. For example, in the case of Gibson v Manchester City Council7, the words "may be prepared to sell" constituted an invitation to treat and not a distinct offer. Furthermore, valid acceptance in law follows a valid offer and the formation of a contract follows immediately. Moreover, a valid acceptance is a final and unqualified acceptance of an offer as demonstrated in the case of Peter Lind Limited v Mersey Docks & Harbour Boar,8 highlighting the "mirror image" rule, where acceptance must be unequivocal and unconditional, therefore acceptance must "mirror" the offer. With regard to the current scenario, the issue in c... With regard to the current scenario, the issue in contention is whose terms are applicable to the contract. Contractual negotiations particularly in the context of quotations and bids for, will often involve several exchanges between the commercial parties involving offers and counter offers9. The case of Hyde v Wrench10 established that a counter offer brings an end to the original offer. However, the "battle of the form" creates real problems in practice11. The difficulty with this as evidenced with the current situation is determining the exact terms of the eventual contract. Indeed "Chitty on Contracts" underlines this problem and concludes: "Thus it is possible by careful draftsmanship to avoid losing the battle of the forms, but not''.. to win it. The most that the draftsman can be certain of achieving is the stalemate situation where there is no contract at all12." Despite the possibility of conflict in the current situation as to the exact terms of the contract, there is clearly a contract between Doors Software and Hard Water by virtue of course of conduct13. However, to clarify the issue of whose terms are applicable, the courts have adopted the "last shot principle", which was established in the case of Butler Machine Tool Co -v- Ex Cell-O-Corp14 . According to this principle, the presumption is that the last offer which has been accepted without qualification will be determined as covering the conditions of the contract. In the current scenario, Hard Water returned and acknowledgment slip incorporating the terms and conditions of Doors Software Limited and on a strict interpretation of the "last shot" principle, this would suggest that the contract was concluded on Doors Software's terms

Achilles and Patroklos :: Essays Papers

Achilles and Patroklos I think the reason that Achilles allows Patroklos to fight is because Achilles knows that the Greeks need all the help they can get. The Trojans are very near to their ships and without some great miracle, the Greeks will be defeated. When Patroklos comes to Achilles with the idea of going out in his armor and fighting to try to muster the Greek troops and frighten the Trojans, Achilles is taken in by his dear friend’s plea. Achilles gives in because he knows how much this opportunity will mean to Patroklos, who has always stood in Achilles’ shadow. So as to give his friend an opportunity to gain honor through battle and become great, Achilles allows Patroklos to enter the battle wearing his armor and with his blessing, even though he places a few stipulations on him. I had a hard time examining why exactly Achilles placed those limitations on Patroklos. At first I wanted to believe that it was just Achilles trying to be a good friend and make sure that his friend did not end up getting killed. However, the longer and more I looked at it, the more it seemed like Achilles was trying to save face with the Greeks. He decides that his ego is still too damaged to return to the battle himself, so instead he sends his friend. It is very convenient that Patroklos is practically begging him for his consent. Achilles grudgingly gives his approval while still making sure that his own kleos is not damaged by Patroklos’ newfound bravery. He makes Patroklos promise that he will not continue to fight the Trojans after they have been pushed away from the Greek ships, but to allow the rest of the army to move ahead and finish the battle. He also must promise, once the Trojans are on the retreat, to come and get him so that the two of them can share the glory of finishing off the Trojans. Whether these boundaries were placed on Patroklos for his safety, or the safety of Achilles honor, makes a huge difference in the character of Achilles. If these limits were given to Patroklos just to save Achilles’ ego in the eyes of the Trojans and Greeks alike, then he is perhaps one of the most arrogant, self-serving men that has ever lived, in myth or real life.

Delta Airlines

The use of new technology, such as internet e-check-in and self-service kiosks, allows the processing of a significant number of passengers to be decentralized from the airport itself. This allows a better use of airport staff resources and reduces bottlenecks while, more significantly, allowing more departing passengers to be processed. Frequent flyers and business flyers who tend to travel with little luggage and appreciate any time-saving measures are currently leading the way in self-service check-in use. The other functions of self service kiosks are the kiosks help customers shave 5 to 15 minutes off the time they have to stand in line. Passengers can use the kiosks to check in for their flights, get boarding passes for originating or connecting flights, select or change seats, request to stand by for an upgrade, check baggage, change flights, and initiate multiparty check-ins. Delta plans to add more than 400 kiosks and enhance functionality to include international check-in and fee collection. With this change, Delta will offer customers more than 800 kiosks in airports nationwide. Airports such as Northwest and Delta airlines are now finding that the self-service kiosk is a valuable tool in the reduction of queues. But while the kiosk technology has been around for some time, it has still taken the industry a lot of coaxing to make passengers comfortable with the technology. The self service kiosk technology includes networked special-purpose microcomputer terminals * Video touch screens * Built-in thermal printers * Magnetic-stripe card reader The TouchPort which is being manufactured by Kinetics USA provides the best of the available technology system for the implementation of the Self service kiosk. The system consists of: * Intel ® P4 Processor 2. 8 GHz * 15† Touch Screen Display (Optional 17† Touch Screen Display Available) * 8† Wide-format Thermal Printer * Magnetic â€Å"Dip† Style Card Reader * Built-in System Support * Snap & Go Installation * Ease of Serviceability * System Reliability * The system is completely customizable and can be modified to include a large number of features as per the requirements of the buyers. Moreover, the system is easy to maintain is not very costly also. Ans2. -Delta customers will benefit from: –  · Broader reach and enhanced functionality – More than 400 enhanced kiosks will be available in 80 U. S. cities by the end of 2002.  · Quicker transaction times – Delta customers who use kiosks will receive a boarding card in less than one minute, on average.  · Dedicated customer service agents – Delta provides customer service agents dedicated to assisting customers with kiosk usage and baggage check. Self-service check-in kiosks are just one product in an array of technology enhancements provided by Delta to make travel easier for its customers. Delta offers the industry’s most extensive line of virtual check-in products available, including virtual check-in through delta. com, a toll-free telephone line, wireless Palm Powered handhelds and Web-enabled phones. Additionally, Gate Information Display Screens (GIDS) and Flight Information Display Screens (FIDS) are other technology products designed to save customers time, while keeping them informed. Delta Air Lines, the world’s second largest carrier in terms of passengers carried and the leading U. S. airline across the Atlantic, offers 5,590 flights each day to 410 destinations in 71 countries on Delta, Delta Express, Delta Shuttle, Delta Connection carriers and Delta’s worldwide partners. Delta is a founding member of Sky Team, a global airline alliance that provides customers with extensive worldwide destinations, flights and services. Without the use of such information kiosks, the customers had to spend a lot of time waiting in the queue for checking-in the airport. Moreover, the customers who are frequent travelers and business class people who do not have much time get annoyed with such long waiting times. As a result, such a system would definitely help the travelers and a lot of customers would be delighted to use this system and it creates a lot of value for the company as well. Ans3. – These fully automated information kiosks provide a very high business value for the airline industry which is one of the most emerging fields because of the increasing globalization. Thus a large no of people keep travelling for business purposes to various countries. These corporate people do not like spending their precious time waiting in the queue to check-in to the airport. As a result, the implementation of such self service kiosks are always of a very high value for the airline industry as it helps them getting more customers. Yes, they do give an airline company a lot of competitive advantage. When an airline company implements such an information system, by which a customer can do all the things sitting at home and has to just walk in to the airport half an hour before his flight would surely give that company a competitive advantage over the others who are not implementing. Because the customers of those airline companies have to spend a lot of time after coming to the airport when the other company lets them do everything at their convenience. Traveling for business or pleasure isn't what it used to be. In order to develop and maintain brand loyalty while streamlining operations in an increasingly competitive global market, airports, air carriers and hoteliers have been challenged to transform their business processes and integrate new forms of customer-facing technology. Self-service technology has played an important role in this industry transformation. Today, travelers can manage air, hotel, train, and rental car reservations and check-in using kiosk, web or mobile applications. Increasingly, these applications support preferences ranging from dietary restrictions to airplane seating to hotel room/bed types and much more. In addition, travelers can use self-service kiosks while at an airport, hotel or off-site location, bypassing long queues. While selfservice travel kiosks have the potential to improve the traveler experience by making traveling easier, quicker and more enjoyable, some travelers may experience barriers when trying to use them. Self-service kiosks often utilize touch-screens which can be difficult if not impossible for persons to use if they are blind or have low vision or mobility impairments as a result of age or disability. Providers of self-service travel kiosks are increasingly interested in removing such barriers in order to: †¢ Continuously improve the traveler experience and differentiate themselves. †¢ Build brand loyalty in an increasingly competitive global market †¢ Capture market share for the growing segment of travelers with disabilities, whose annual business and leisure.

Burn Out and Fatigue in the Work Related Environment

Forming an understanding of fatigue and burnout on the job of delivering commodities cross-country is the focus herein. The discoveries from research conducted on fatigue have provided insight into additional concerns regarding the health of humanity. The process and development of how fatigue relates to the personal self when working under conditions of exertion are very important. When driving over-the-road (OTR) cross-country under a tight delivery schedule period I had stressful experiences. For example, there was the stress coming from a lack of ample rest affecting how alert a mind could be. The amount of sleep was about 1-2 hours at a time with a few of the loads, while frequently a 4-5 hour period was what my body preferred to†¦show more content†¦This could have been a part of the fatigue experienced on the open road, and most certainly would not benefit the mental and physical form it. The thought that everything worked out just fine for that time, was probably the very thing that made it pass the window of serious concern. Knowing how this has worked into my own life has actually revealed how the fatigue could be burning professional drivers out. The thought of professional drivers travelling in a state of fatigue definitely opens the door to danger for both the public and themselves. There was a time when I thought about how much it meant to arrive alive and that no load is worth risking that. Anytime that I had felt too tired to continue, the next safe location to stop for adequate rest took place after thinking about the risk to others and self. How important would it be to get other professional drivers to feel the same would depend upon just how stubborn they are. The experiences could be different with each type of person, and those with the strength mentally combining the inner will would most likely solve the problem in self. Battling the Ego Affect’s Discernment There could be a battle with ego to produce difficulty surrounding the discernment of the danger to others and self. The ability to maintain a clear thinking process that is alert, safe, and non-harmful to those in the surrounding environment remains extremely important. The thought of establishing a sense ofShow MoreRelatedIntroducing Active Learning in the Classroom1243 Words   |  5 Pagesinto their classrooms in order to reduce their rate of job burn-out and better connect with students. Burn-out is physical and emotional fatigue resulting from persistent frustration. It can cause a lack of motivation and eventually forces people to leave their current jobs. In the case of teachers, it is especially important to recognize this burn-out because it not only affects instructors but also their students. Studies show that burned-out people experience â€Å"emotional exhaustion, depersonalizationRead MoreNot Enough Sleep For Nurses Case Study786 Words   |  4 Pages Not Enough Sleep for Nurses Nurses, who are working in an intense environment with prolonged and varied shift hours, are prone to insufficient sleep/rest. Moreover, with repeated exposure to self-sacrificial tasks and less recovery time, nurses are also prone not only with stress/sleep-related disorders but also to compassion fatigue. Hence, without effective self-care management and adequate support, Lanier (2017) stated that over a period of time, nurses tend to be apathetic to theirRead MoreIntroduction. This Study Aimed To Focus On The Reasons1230 Words   |  5 Pagescomplex reasons. Such as: increased shift length, job satisfaction (i.e. negative work environments), fatigue, and inadequate staffing are some reasons that nurses leave clinical practice. 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The risks outweigh the benefits for extended hour shifts in hospitals and/or healthcare facilities, for both the patients and nurses. Nurses who work 12 or more hours in a single shift put at risk the health of themselves along with the health of the patients who they are treating. Working extended shifts causes fatigue, stress and lack of productivityRead MoreCompassion Fatigue Of Health Care Professionals2449 Words   |  10 Pages Technical Report Compassion Fatigue in Health Care Professionals Submitted by: Amber Hein MRT 2420 Technical Report Professor: Kari Rivest Date: February 25, 2015 Table of Contents Introduction†¦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‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦p. 3-4 Purpose†¦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‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.....†¦p. 4 History†¦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‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.p. 4-5 Signs and Symptoms†¦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‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...p. 5-7 Case Study: Reactive vs. Proactive Nurse†¦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‚¬ ¦...p. 7-8 Prevention†¦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‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.