Research Paper Example | Topics and Well Written Essays - 2000 words

Research Paper Example He asks Molly, who is his backup, to get back to work as she was engaged in a chat even after lunchtime. Molly resorts to chatting claiming that Dan cannot boss her around. He thinks of reporting this to the floor supervisor, Mr. Davis who at that time was reviewing low performance of his employees and was thinking how to get the employees to become efficient. Evaluation of the Scenario Promoting Cultural Diversity   In the given case, Karishima has a different cultural background and is having problem in adjusting. Similarly all the other employees are having a problem in adjusting with her because of her accent and other differences such as her inability to dress up the way other call centre employees do. The management should inform the existing employees of a new /foreign employee being hired. This is because it will prepare them to face the differences. Moreover, the employee being hired should be trained a little. This can be done by giving the employee an orientation for abo ut 2 weeks at least. In this way, the employee won’t be working formally but will get to know people at work and will start communicating with them. The strategies for cultural diversity are based on complexity theory. Solving Problems   One obvious problem in the case above is that, there are many problems but apparently no one is trying to reach solutions. Susan has a problem with her co worker, Karishma but she does not take the case to her supervisor rather she complains about it to her friend and instead of trying to reach a solution she laughs it off with her. Joy does not appreciate what her colleagues are gossiping about related to Karishima and wants to correct them but concludes otherwise leaves to go back to work in a sour mood. Even here she does not try to reach a solution for the problem; rather she ignores it and spoils her mood. Whenever a problem is observed, employees should be asked to discuss the problem with the management or with the senior staff. More over, they should be encouraged to discuss the problem on a horizontal level as well. This will help employees to learn more about each other and will bring them closer to one another. This strategy is based on Cognitive resource theory, which states that a leader obtains effective group performance by first making effective plans, decisions and strategies, and then communication them through directive behavior (Robinson, pg 351, 1998). Furthermore, the head should communicate with those working under him so that he can learn about problems faced by the lower staff thus becoming able to solve their problems efficiently. This can be based on University of Michigan Studies which state that there is an employee oriented leader and a task oriented leader. In this case, the leader should be employee oriented so that he can emphasize on interpersonal relations (Robinson, pg 357, 1998). Motivating Employees In the given case, employees are not motivated. They just work for the sake of mone y or because it is necessary for them. However, it is important that employees at a workplace are motivated or else they lose interest in work and are not able to perform their best. In this case, Mr. Davis is reviewing low employee performance and he knows it is because the employees are not motivated. Employee motivation is imperative for an organization. Employees can be motivated intrinsically as well extrinsically. In order to give them extrinsic motivation, the management can announce

Karl Marx and Islam in Kuwait Essay Example | Topics and Well Written Essays - 750 words

Karl Marx and Islam in Kuwait - Essay Example This essay will discuss the influence of Karl Max ideologies and Islam in Kuwait. To start with, several ideologies advocated by Karl Max are easily integrated to Islamic religious beliefs. Firstly, even though Karl Marx was considered to negatively criticize religions, it is evident that he acknowledged the role of religions in an economy. Karl Marx identified religion as a source of comfort for people facing economic challenges in a country. This may not necessarily imply that Karl Marx promoted atheism, but it is evident that religion played a central role in encouraging people despite the tough economic situations. Similarly, the Islamic religion promotes the principle by promoting principles that provide refuge to the poor and economically challenged citizens. It is because of this ideology of religious support that major relief organizations like Kuwait Joint Relief Committee, an International Islamic Relief Organization, were initiated in Kuwait. However, on a rather negative point, Karl Marx criticized religion as being the greatest reason why the poor were unable to face the harsh economic realities. According to Universidad de Puerto Rico, Karl Marx criticized religions for providing an ideology that did not offer permanent solution to the poor, who were being exploited by the wealthy class (n.d). In most cases, the poor community members hold tightly to their religious beliefs because they offer some sought of relief to the harsh economic realities in the world. This can be reflected to the Islamic religious beliefs in Kuwait. Being an Islamic country, majority of the population in Kuwait belief in having a better life after death if at all they follow the Islamic teachings strictly. This has affected the economic and political developments in the country because people are not free to criticize malpractices in the political system. As a result, many people have adapted to the political and economic status quo position m aking

The Various Positioning Errors Marketing Essay

The Various Positioning Errors Marketing Essay For instance: kotak-mahindra positions itself in the customers mind as one entity-kotak,which provide customized solutions to all the financial services needs.The positioning of the brand will be influenced by the competitive stance one wants to adopt. Various Positioning Errors; UNDER POSITIONING: Here the customers have a blurred and unclear idea of the brand. OVER POSITIONING: Here the customers have too limited awareness of the brand. CONFUSED POSITIONING: Here the customers have confused opinion of the brand. DOUBLE POSITIONING: Here the customers do not accept the claims of the brand. POSITIONING BY PRICE/COST LEADERSIP When it comes to marketing the business, there are three generic strategies you can use: focus, differentiation and cost leadership.   This means that you need to minimize your costs and pass the savings on to your customers. WAL-MART Wal-Mart Stores Inc. has been successful using its strategy of everyday low prices to attract customers. The idea of everyday low prices is to offer products at a cheaper rate than competitors on a consistent basis, rather than relying on sales. Wal-Mart is able to achieve this due to its large scale and efficient supply chain. They source products from cheap domestic suppliers and from low-wage foreign markets. This allows the company to sell their items at low prices and to profit off thin margins at a high volume. MCDONALDS The restaurant industry is known for yielding low margins that can make it difficult to compete with a cost leadership marketing strategy. McDonalds has been extremely successful with this strategy by offering basic fast-food meals at low prices. They are able to keep prices low through a division of labor that allows it to hire and train inexperienced employees rather than trained cooks. It also relies on few managers who typically earn higher wages. These staff savings allow the company to offer its foods for bargain prices. POSITIONING BY LIFESTYLE Brand position in car-MAZDA MAZDAs Brand Positioning Strategy There are similar products throughout the automotive industry. Mazda considers it vitally important to strengthen its emotional bonds with consumers. In order to create an excellent brand image through strong emotional ties with consumers, Mazda did not initially concentrate on brand strategy schemes, but rather sought to define a brand DNA. Target customers Mazdas target customers are those individuals who stay young, have a good capability to express themselves, are always passionate and are self-confident in their choices. Mazdas Brand DNA Mazdas brand DNA is divided into two concepts of Personality and Product. In order to gain pathos from the target customers, Mazda tried to create an image where Personality is defined as Stylish, Insightful and Spirited, and to guide Mazdas craftsmanship, Product is defined as Distinctive Design, and Responsive Drive. POSITIONING BY ATTRIBUTES Brand positioning is designed to develop a sustainable competitive edge on product attributes in the minds of the consumers. The consumer choice depends upon the attributes of the brand and the utility thus derived.brand attributes also known as core values,represent the essence of the brand. FEW STRONG BRAND ATTRIBUTES: Sustainability: A strong brand makes business competitive.A sustainable brand drives an organization towards innovation and success.Example:Marks and spencers. Inspirational: A strong brand should transcend/inspire the cateogary it is famous for.Example: NIKE transcendent jersey. Appealing: A strong brand should be attractive. Customers should be attracted by the promise one makes and by the value one delivers. Example:life insurance companies. Sometimes a product can be positioned in terms of two or more attributes simultaneously. The  price and quality attribute dimension is commonly used for  positioning  the products. The product is associated with attributes it possess. Ariel offers a specific benefit of cleaning even the dirtiest of clothes because of the micro cleaning system in the product. Colgate offers benefits of preventing cavity and  fresh breath. Promise, Balsaras toothpaste, could break Colgates stronghold by being the first to claim that it contained clove, which differentiated it from the leader. Nirma offered the benefit of low  price  over Hindustan Levers Surf to become a success. Maruti Suzuki  offers benefits of maximum fuel efficiency and safety over its competitors. This strategy helped it to get 60% of the Indian automobile  market. POSITIONING BY QUALITY Another way is to communicate a specific image or position for a brand is to associate it with a specific use or application-Quality It Possess Surf Excel is positioned as  stain remover   Surf Excel hena! Clinic All Clear Dare to wear Black. POSITIONING ON THE BASIS OF PRODUCT CLASS Often the competition for a particular product comes from outside the product class. For example, airlines know that while they compete with other airlines, trains and buses are also viable alternatives. Manufacturers of  music CDs must compete with the cassettes industry. The product is positioned against others that, while not exactly the same, provide the same class of benefits. POSITIONING BY COMPETITOR Competitors may be as important to positioning strategy as a firms own product or services. In todays  market, an effective positioning strategy for a product or brand may focus on specific competitors. This approach is similar to positioning by product class, although in this case the competition is within the same product category. Onida was positioned against the giants in the television industry through this strategy, ONIDA colour TV was launched with the message that all others were clones and only Onida was the leader. Neighbours Envy, Owners Pride. POSITIONING ACCORDING TO THE PRODUCT USER Clinique, for example, has a strong image of being fresh, clean, and pure, with a white-coat clinical approach to skin care and cosmetics. The typical user is perceived to be a young woman with oily skin. The challenge for Clinique is to maintain its current image strengths but to soften the youthful image (to make the brand accessible to mature women) and to reach out beyond the specialized focus on oily, problem skin to a broader   audience. For instance, Clinique would like to inject elements of elegance into the line, not to compete with the elegant position of competitors but to expand beyond their  strong clinical position. POSITIONING BY OCCASION Recognizing the market potential, Cadbury decided to add the  Diwali  twist to  Celebrations. With the 1999 campaign that surprised families with `Diwali Ki Meethi Shubhkaamnaaye  and the `Har Pal Bane Ek Utsavcampaign in 2000, people were now reveling in the  Diwali  festivities with a box of  Cadbury  Celebrations. In 2002, with the tagline `Rishtey Pakne Do  the Rich Dry Fruit Collection was introduced in the market that got families together in festive times. Delving beyond families, the 2004  Celebrations  commercials starring Amitabh Bachchan cemented the spirit of friendship with the tagline `Aisi Mithaas Jo Dosti Banaye Khaas. In 2009,  Celebrations  took the brand thought deeper into the meaning of Diwali; it was now a symbol of new friendship, spreading happiness, and taking a moment to thank all those who remain unappreciated for most part of the year. Tapping into the festive mood of togetherness, Celebrations  started asking people  `Iss Diw ali Aap Kisse Khush Karenge?  

The Skeletal System Essay examples -- Basic Pathology

The skeletal system includes the osseous tissues of the body and the connective tissues that stabilize or interconnect the individual bones. The bone is a dynamic tissue. Throughout the lifespan, bone adjusts to the physiologic and mechanical demands placed on it by the processes of growth and remodeling. Bone serves the organism at multiple levels: As a system, bones permit the organism to locomote effectively and to maintain posture by bearing loads without deformation, by providing rigid attachment sites for muscles and acting as a system of levers to amplify small movements. As an organ, bones protect the viscera and house the hemopoietic tissue (red marrow). As a tissue, bones serve as a reservoir of readily mobilizable calcium, an ion vital for many metabolic processes including cell motility, excitability, secretion, phagocytosis, intermediary metabolism, respiration, and reproduction. Bones (or osseous material) serve a number of diverse purposes in the human anatomy. In addition to providing structure, leverage, protection, and support for the organs of the body, bones also house marrow, which produces blood cells. Within the bones are also stored the calcium deposits which the body may access, via resorption, when needed. Additionally, bones detoxify the system, by removing heavy metals, such as lead and arsenic, as well as other toxins, from the bloodstream. The skeletal system provides structural support for the entire body. Individual bones or groups of bones provide a framework for the attachment of soft tissue and organs. Delicate tissues and organs are often surrounded by skeletal elements. The ribs protect the heart and lungs, the skull encloses the brain, the vertebrae shield the spinal cord, and the pelvis ... ...& J.W. Heath, Wheater ¡Ã‚ ¦s functional Histology, 4th edition, Churchill-Livingstone, New York, 2000, pp. 175-192. Johnson, Michael D. Human Biology: Concepts and Current Issues, Benjamin Cummings, San Francisco, 2001. Khosla, S., Kumar, V., Ramzi, S.C., Robbins, S.L. 1992. Basic Pathology, 5th edition. Philadelphia: W.B. Saunders Co. Manolagas, Starvros C. 2000. Birth and Death of Bone Cells: Basic Regulatory Mechanisms and Implications for the Pathogenesis and Treatment of Oteoporosis, Endocrine Reviews, 21(2): 115-137. Martin, B. 1993. Aging and strength of bone as a structural material, Calcified Tissue International, 53 (suppl.): S34-S40. Martini, Frederic. Fundamentals of Anatomy and Physiology, Prentice Hall, New Jersey, 1989. Raisz, Lawrence G. 1999. Physiology and Pathophysiology of Bone Remodeling, Clinical Chemistry, 45:8(B): 1353-1358.

Kant

IMMANUEL KANT’S THEORY Immanuel Kant (1724-1804) discussed many ethical systems and reasonings. Some were based on a belief that the reason is the final authority for morality. In Kant's eyes, reason is directly correlated with morals and ideals. Actions of any sort, he believed, must be undertaken from a sense of duty dictated by reason, and no action performed for appropriateness or solely in obedience to law or custom can be regarded as moral. A moral act is an act done for the â€Å"right† reasons. Kant would argue that to make a promise for the wrong reason is not moral you might as well not make the promise.You must follow a certain code in order to find truth behind your actions. Kant believed that you should treat everyone with value, dignity, and respect. Our reasoning ability will always allow us to know what our duty is. Kant described two types of common commands given by reason: the hypothetical imperative, which dictates a given course of action to reach a specific end; and the categorical imperative, which dictates a course of action that must be followed because of its rightness and necessity.The categorical imperative is the basis of morality and was stated by Kant in these words: â€Å"Act as if the maxim of your action were to become through your will and general natural law. † Therefore, before proceeding to act, we must decide what rule we need to follow if we were to act, whether we are willing for that rule to be followed by everyone all over. Kant believes that moral rules have no exceptions. It is wrong to kill in all situations, even those of self-defense. This belief comes from the Universal Law theory.Since we would never want murder to become a universal law, then it has to be not moral at all. Kant believes killing could never be universal, therefore it is wrong in each and every situation. There are never any extenuating circumstances, such as self-defense. I believe Kant is right in making certain moral and e thical codes exempt from being a universal law because there shouldn't be different rules for different laws. The rules and laws should apply to every situation. An act is either wrong or right, based on his universality law.For example, giving money to a homeless person just to get him/her to leave you alone would be judged not moral by Kant because it was done for the wrong reason. With Kants belief in mind; if the consequence of immoral behavior were dealt with in a legal structure, people would be prosecuted for â€Å"EVERYTHING† since there are no extenuating circumstances. Kant's categorical imperative is a tri-dynamic statement of philosophical thought:(1) â€Å"So act that the maxim of you could always hold at the same time as a principle establishing universal law. (2) â€Å"Act so as to treat humanity, whether in your own person in that of another, always as an end and never as a means only. ‘(3) â€Å"Act according to the maxims if a universally legislativ e member of a merely potential kingdom of ends. † In other words, Kant argues that particular action requires conscious thought of the rule governing the action. Whether if everyone should follow that rule, and if the rule is acceptable for universal action, it should be adopted. If the rule is unacceptable, then it should be rejected.In order to understand whether or not an action follows Kant's â€Å"categorical imperative,† we must prescribe those norms that we wish to be universal laws. We must make the judgment on whether or not universal ethics is possible. I believe that a bit of universality exists throughout the world; don't kill your neighbor, be kind to others, do not steal, etc. yet, individual perception of the world by people prevents the possibility of an all-encompassing universal code of ethics. I believe along with Kant that we should develop a friendship and code to help our fellow man.We all have a duty to treat others the way we want to be treated. The one thing I disagree with is that we should not be punished for doing good deeds to those even though we might find ourselves backed into a corner when dealing with these individual problems. Overall dealing with Kant's theory everyone should be truthful and abide by the universal code. We should follow his theory in treating everyone with value, dignity, and respect. Even though everyone should help others, I believe in some situations people have to be persuaded to help even though this goes against Kant's beliefs. Kant IMMANUEL KANT’S THEORY Immanuel Kant (1724-1804) discussed many ethical systems and reasonings. Some were based on a belief that the reason is the final authority for morality. In Kant's eyes, reason is directly correlated with morals and ideals. Actions of any sort, he believed, must be undertaken from a sense of duty dictated by reason, and no action performed for appropriateness or solely in obedience to law or custom can be regarded as moral. A moral act is an act done for the â€Å"right† reasons. Kant would argue that to make a promise for the wrong reason is not moral you might as well not make the promise.You must follow a certain code in order to find truth behind your actions. Kant believed that you should treat everyone with value, dignity, and respect. Our reasoning ability will always allow us to know what our duty is. Kant described two types of common commands given by reason: the hypothetical imperative, which dictates a given course of action to reach a specific end; and the categorical imperative, which dictates a course of action that must be followed because of its rightness and necessity.The categorical imperative is the basis of morality and was stated by Kant in these words: â€Å"Act as if the maxim of your action were to become through your will and general natural law. † Therefore, before proceeding to act, we must decide what rule we need to follow if we were to act, whether we are willing for that rule to be followed by everyone all over. Kant believes that moral rules have no exceptions. It is wrong to kill in all situations, even those of self-defense. This belief comes from the Universal Law theory.Since we would never want murder to become a universal law, then it has to be not moral at all. Kant believes killing could never be universal, therefore it is wrong in each and every situation. There are never any extenuating circumstances, such as self-defense. I believe Kant is right in making certain moral and e thical codes exempt from being a universal law because there shouldn't be different rules for different laws. The rules and laws should apply to every situation. An act is either wrong or right, based on his universality law.For example, giving money to a homeless person just to get him/her to leave you alone would be judged not moral by Kant because it was done for the wrong reason. With Kants belief in mind; if the consequence of immoral behavior were dealt with in a legal structure, people would be prosecuted for â€Å"EVERYTHING† since there are no extenuating circumstances. Kant's categorical imperative is a tri-dynamic statement of philosophical thought:(1) â€Å"So act that the maxim of you could always hold at the same time as a principle establishing universal law. (2) â€Å"Act so as to treat humanity, whether in your own person in that of another, always as an end and never as a means only. ‘(3) â€Å"Act according to the maxims if a universally legislativ e member of a merely potential kingdom of ends. † In other words, Kant argues that particular action requires conscious thought of the rule governing the action. Whether if everyone should follow that rule, and if the rule is acceptable for universal action, it should be adopted. If the rule is unacceptable, then it should be rejected.In order to understand whether or not an action follows Kant's â€Å"categorical imperative,† we must prescribe those norms that we wish to be universal laws. We must make the judgment on whether or not universal ethics is possible. I believe that a bit of universality exists throughout the world; don't kill your neighbor, be kind to others, do not steal, etc. yet, individual perception of the world by people prevents the possibility of an all-encompassing universal code of ethics. I believe along with Kant that we should develop a friendship and code to help our fellow man.We all have a duty to treat others the way we want to be treated. The one thing I disagree with is that we should not be punished for doing good deeds to those even though we might find ourselves backed into a corner when dealing with these individual problems. Overall dealing with Kant's theory everyone should be truthful and abide by the universal code. We should follow his theory in treating everyone with value, dignity, and respect. Even though everyone should help others, I believe in some situations people have to be persuaded to help even though this goes against Kant's beliefs.

Essay on Psych Nursing Communication - 647 Words

Journal Number Two: An important primary goal of nursing is to facilitate the development of trust and to build upon a therapeutic relationship between the patient and members of the health care team. Demonstrating the skill(s) of effective communication is key. Assessment of a patient’s ability to communicate includes gathering information about the ‘contextual factors’ that influence communication itself. A context includes all the factors that influence the nature of communication and interpersonal relationships. This includes the patient’s internal factors and characteristics (psychophysiological) the nature of the relationship (relational) and the situation prompting communication (situational).†¦show more content†¦Many altered health states and human responses can limit communication. Often, it can be an easy fix such as checking for hearing aids and or eye glasses; however, quite often, unfortunately it’s not this easy. As a result, a comprehen sive review of the patient’s medical record helps provide relevant information about his/her ability to communicate. Throughout the health history and physical examinations, the health care team documents not only physical barriers to speech, but neurological deficits and pathophysiological conditions such as hearing and/or vision as well etc. For example, patients with aphasia after a stroke or late-stage Alzeimer’s disease often cannot understand or form words, nor can dementia patients often cannot make sense of what is being said. Other mental illnesses such as psychoses or depression can cause the patient to demonstrate ‘flight of idea’ where words do not keep up to rapidly changing thoughts, rambling of the same single word or phrase, loose association of ideas or even slowed speech pattern. Patients with severe anxiety sometimes are unable to perceive environmental stimulus or hear explanations and unresponsive or heavily sedated people cannot send or respond to vernal messages. Reviewing the patient’s medication record is also as important, as opiates, antidepressants, neuroleptics, hypnotics, or sedatives may cause a patient to slur words or use incomplete sentences. Finally, the nurse’s progress notesShow MoreRelatedClinical Nurse Leader Role in Psychiatric Department Essay1314 Words   |  6 PagesCNL Role in Psychiatric Department Never has it been more critical to provide high quality care in the hospital while being cost effective. The American Association of Colleges of Nursing (American Association of Colleges of Nursing [AACN], 2005) has created the Clinical Nurse Leader (CNL) role to introduce lateral integration of care for specified groups by creatively and intentionally using a variety of health care resources (AACN, 2005). The CNL’s purpose is to aid in various departments of theRead MoreStatistical Data Reveal That 25% Of Adult Americans Have917 Words   |  4 Pagesby the advanced practice nurse. Considering that the nursing framework is built upon caring and engages the spheres of influence related to person, health, and the environment, the aforementioned issues provide impetus and motivation to pursue education and certification as an advanced practice mental health nurse practitioner. I have worked as a registered nurse (RN) for 15+ years in cardiology, medical-surgical, palliative care, and psych and seek to use these clinical experiences to provideRead MoreNurse Manager Of The Child / Adolescent Psychiatric Units At Kingswood Hospital1098 Words   |  5 PagesNursing jobs provide emotionally and financially rewarding careers. The health care industry employs millions of nurses and the job outlook continues to improve each year. This paper explores two common types of degrees held by Registered Nurses (RN) and seeks to emphasize the primary differences between the two. An individual who has a Bachelor of Science in Nursing (BSN) or an Associate Degree in Nursing (ADN) can become an RN after passing the NCLEX-RN examination. However, there are certain advantagesRead MoreSelf-awareness: Health Care Worker Essay1104 Words   |  5 Pagesevidence-based practice that involves, includes and is open to developmental learning for continuous improvement with Client-Hea lth Care Worker outcomes. Self-awareness is the mental, psychological and physical attributes that are ingrained into the human psych to manage society with encompassing emotional intelligence and empathy by acknowledging one’s own feelings and thoughts. 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Through advocacy, we can change the way others view situations by opening their eyes and teaching them to lose the negative approach. What The last week of psych clinicals were bittersweet. We returned to Somi House and EastPointe Hospital to interact with different patients leading to different views of mental illness. On Thursday at Somi House, the day started off as normal with pre-clinical briefing followedRead MoreSocial Network Map Of A Night Behavioral Health Registered Nurse1200 Words   |  5 PagesBehavioral Health Registered Nurse As a Registered Nurse, I have the opportunity to collaborate with different people from various departments. My job does not end at bedside; it extends as far as interacting with family members, physicians, pharmacists, nursing supervisor, security officers, etc. My social network map (Figure 1) reflects my interactions with fellow employees at the hospital. This map reflects two-days time sample. My map includes a legend that explains each interaction. My interactionsRead MoreNursing Is The Best Possible Holistic Care For The Patient And Family Essay939 Words   |  4 PagesNursing is about providing the best possible holistic care for the patient and family. At the same time there’s an imbalance of patient care regarding education and knowledge being provided by nurses. As a nurse I believe we all owe it to ourselves, the profession, and the patient to provide the best possible care. According to American Nurses Association (ANA) online article â€Å"Nursing is the protection, promotion, and optimization of health and abilities, prevention of illness and injury, alleviationRead MoreI Loved Being An Aid949 Words   |  4 Pagesbecause they appreciated my caring and kindness. This made me want to encounter the feeling that I was feeling by giving myself to these individuals even more. I applied for Nursing school several years later. It was overwhelming, but well worth the effort. I have worked in all different fields, including nursing psych, med surge, home health, school nurse, public health and my latest role is a Service coordinator with one of the biggest insurance companies in the country. I want to be more handsRead MoreApplication Of Self Reflection And Self Evaluation1633 Words   |  7 Pagesenrolled in an undergraduate nursing program. This paper looks at my accomplishment of meeting all eight behaviors that are specific outcomes of the nursing program including: critical thinking, nursing practice, communication, teaching, research, leadership, professionalism, and culture. These accomplishments, over the course of my undergraduate career, will be proven using previous completed clinical logs that span sophomore, junior, and senior year in the nursing program. Critical Thinking Sophomore

A Contract Law Problem - Free Essay Example

Sample details Pages: 6 Words: 1674 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Topics: Act Essay Contract Law Essay Did you like this example? Question 1 Issue The issue is whether the contract entered into by Harry, a clerk in the factory office is enforceable against the company. Rules A company can enter into a contract by the virtue of s124. There are several ways a company can contract with the outsiders. Don’t waste time! Our writers will create an original "A Contract Law Problem" essay for you Create order One common way is to affix the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s common seal as illustrated in Northside Developments Pty Ltd v Registrar-General. However according to s123(1), it is optional for the company to have a common seal. S127(1) of Corporations Act states that a common seal is not required if two directors or a director and a company secretary sign the document. There are two ways where individuals are capable of entering into contracts for the company. The first is the organic theory which refers to the organs of the company who are the directors, members and managing directors. This theory allows the company to contract directly under its name as illustrated in the case of Lennardà ¢Ã¢â€š ¬Ã¢â€ž ¢s Carrying Co Ltd v Asiatic Petroleum Co Ltd. The second way is more common whereby a company (principal) is allowed to appoint agents to act on behalf of the company under s126 of the Corporation Act. There are two types of authorities that agents are appointed through actual a nd apparent or ostensible authority: s126(1). An agentà ¢Ã¢â€š ¬Ã¢â€ž ¢s actual authority may be given expressly or not by the principal. When an actual authority comes with express instructions, this is known as express actual authority. An actual implied authority is when an authority is not expressly agreed upon between the agent and the principal and the agent can enter into contracts like a person in the same position customarily can: Hely-Hutchinson v Brayhead Ltd. An agent has apparent or ostensible authority when the person is held out by the company [s129(3)] and when outsiders have the impression that the agent has the authority to act on behalf of the company. However, this is not an actual authority but an appearance of the authority: Freeman and Lockyear v Buckhurst Park Properties (Mangal) Ltd. S128 and s129 of the Corporations Act allows the outsiders to make assumptions that the agent is complying with its companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution. The outsiders will rely in good faith on the representation and Doctrine of Estoppel will apply once representation is made. Application Based on the law and facts given, when Harry did not introduce his position to Mickey, Mickey assumes under s129 that Harry has the ostensible authority customary for a factory manager and has the authority to enter into the contract with him. However there is no actual authority in this case as Harry has not been given actual authority by the directors or John and the office he holds does not customarily provide him the authority to enter into a contract on behalf of the factory manager. There are no representation to suggest that the company gave Harry an appearance of authority. Conclusion To conclude, the contract is not enforceable against Alpha Ltd and Harry can be sued for breach of warranty of authority by Solder Ltd. References Lipton, P., Herzberg, ABE Welsh, M., 2014. Understanding Company Law. (17th ed.). Australia: Thomson Reu ters. Retrieved: 20 October 2014 Corporations Act 2001. Australian Corporations Securities legislation. (2014 ed.). Australia: CCH. Retrieved: 20 October 2014 Question 2 Promotion is the period of time taken for the registration of the company. There are two types of promoters who take part in the formation, an active promoter and a passive promoter. In Twycross v Grant, a person who actively engages in the formation of a new company is known as an active promoter and the promoter can act on behalf of the company. In Tracy v Mandalay Pty Ltd, a person who does not actively engaged in the incorporation process but stood to benefit from the profits is a passive promoter. The promoter may also participate in raising share capital to maintain the business of the proposed company. A promoter owes fiduciary duties to the proposed company and potential investors. As part of the fiduciary duties, the promoter is required to act in the best interests of the company, avoid any conflicting interests, ensure full disclosure of any interests (Erlanger v New Sombrero Phosphate Co) and any personal profits (Gluckstein v Barnes) for contracts entered into. Based on the law and facts given, Larry is the party responsible for the incorporation of the company and thus satisfies the duties of an active promoter: Twycross v Grant. Larry ow es the proposed company, Lifesaver Pty Ltd and its potential investors, fiduciary duties as mentioned above. Under s131(1) of the Corporation Act, the law states that a company is bound if the contract is entered before registration and ratified within an agreeable time by both parties. This is supported in the case of Aztech Science Pty Ltd v Atlanta Aerospace. If the directors decided not to ratify Larryà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease, the promoter who entered the pre-registration contract on behalf of the company, which is Larry will be liable for any damages in virtue of s131(2) and Bay v Illawarra Stationery Supplies Pty Ltd. Larry will have to compensate both parties whereas Lifesaver Pty Ltd will not be affected. However Larry can be released from either or all part of the liability if the company sign a letter of release [s132(1)] from the liability clause but he will not be entitled to indemnity depending on the company [s132(2)]. Lifesaver is a proprietary company as thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“ptyà ¢Ã¢â€š ¬Ã‚  in the name: s148(2). A proprietary company is prohibited from issuing shares to the public except to its existing shareholders or employees [s113(3)] whereas only public company can raise funds from the public by issuing a disclosure document. Lifesaver Pty Ltd can consider issuing offers of securities that do not require disclosure documents as listed in ss 708 and 708AA such as small scale offerings which are personal offers to a small number of investors [ss 708(1)-(7)]; offers to sophisticated investors that deal with large offers [s708(8)(a) and (b)], offers to wealthy investors [s708(8)(c) and (d)] or offers to experienced investors [s708(10)]. Lifesaver is a public company as thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s no mention of à ¢Ã¢â€š ¬Ã…“ptyà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“proprietaryà ¢Ã¢â€š ¬Ã‚  in the name. As only a public company can raise funds from the public, Lifesaver can do so by issuing a disclosure document or using documents that do not require disclosure documents as listed in ss 708 and 708AA. The purpose of disclosure document is to ensure that relevant and accurate information is disclosed so investors can make informed decision on whether to accept the offer. There are four types of disclosure document à ¢Ã¢â€š ¬Ã¢â‚¬Å" prospectus, short form prospectus, profile statement and offer information statement. A prospectus is the most common type of disclosure document used in practice. References Lipton, P., Herzberg, ABE Welsh, M., 2014. Understanding Company Law. (17th ed.). Australia: Thomson Reuters. Retrieved: 20 October 2014 Corporations Act 2001. Australian Corporations Securities legislation. (2014 ed.). Australia: CCH. Retrieved: 20 October 2014 Question 3 Issue The issue is to explore the various method of raising funds and whether there is a need for disclosure document in raising $11 million. Rules Companies can raise funds from the public provided that it is a public company and in order to raise funds, these companies are required t o issue a disclosure document unless otherwise exempted to do so in s708. The purpose of disclosure document is to ensure that relevant and accurate information is disclosed so investors can make informed decision on whether to accept the offer. There are four types of disclosure document à ¢Ã¢â€š ¬Ã¢â‚¬Å" prospectus, short form prospectus, profile statement and offer information statement. Profile statement is not an option as it is rarely used in practice. A prospectus is the most common type of disclosure document. A prospectus is required by the Corporations act to be prepared in a à ¢Ã¢â€š ¬Ã…“clear, concise, and effectiveà ¢Ã¢â€š ¬Ã‚  way (s715A), including information required by the general disclosure test (s710), make specific disclosure required by s711 and not be misleading or deceptive [s728(1)]. A short form prospectus is a reference to the full prospectus and used to assist the general public [s712(1)]. An offer information statement (OIS) is an alternative besides the prospectus if the amount raised in a company lifetime is $10 million or less under s709. There are offers without a disclosure document as listed in s708 and s708AA. One of the offers is small scale offerings that are personal offers of securities to a small number of investors. Disclosure document is generally not required unless it has breached the 20 investors ceiling and $2 million ceiling [s 708(3) and (4)] within a 12 month period. Application Figment Ltd is a public company as thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s no mention of à ¢Ã¢â€š ¬Ã…“ptyà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“proprietaryà ¢Ã¢â€š ¬Ã‚  in the name, thus it is able to raise funds from the public. Since the company does not want to prepare a prospectus, the only option is OIS. However OIS needs a disclosure document and the amount is capped at $10 million. The company can consider the exemptions listed in s708 and s708AA that do not need a disclosure document. If the offer is to be made to soph isticated investors, professional investors, senior managers or relatives, the company can consider the requirements for the respective documents. The company can consider using one or a combination of the documents in the listed exemptions to meet their needs. However because Figment is a public company, potential investors would prefer to learn more about the company and the reason for the issue of shares, thus it would be recommended to prepare a disclosure document. Since the offer exceeds the $10 million cap for using an OIS, Figment can consider using small scale offering for the remaining $1 million since it did not breach the $2 million breach. Conclusion To conclude, the best alternative is for Figment Ltd to use OIS in raising $10 million securities and the remaining $1 million using small scale offerings that do not require disclosure document under s708. References Lipton, P., Herzberg, ABE Welsh, M., 2014. Understanding Company Law. (17th ed.). Australia : Thomson Reuters. Retrieved: 20 October 2014 Corporations Act 2001. Australian Corporations Securities legislation. (2014 ed.). Australia: CCH. Retrieved: 20 October 2014 1