Cases

1. Commonwealth v State of Tasmania http://en. wikipedia. org/wiki/Commonwealth_v_Tasmania 2. Lee v Knapp In Lee v Knapp [1967] 2 QB 442 an Act required that a motorist â€Å"stop† after an accident. The defendant claimed that they did in fact momentarily halt, before proceeding, therefore complying with a commonly accepted literal meaning of â€Å"stop†. The judge found that in this circumstance â€Å"stop† meant halt and wait for police or other officials to investigate the accident. A literal interpretation was against the purpose of the law. 3a Smith v Hughes SMITH v HUGHES (1960) 1 WLR 830 LORD PARKER CJ: These are six appeals by way of case stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by police officers against the defendants, in each case that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to section 1 (1) of the Street Offences Act, 1959. ’ The magistrate in each case found that the defendant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the defendant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the attention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s. 1 (1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. LORD PARKER CJ: These are six appeals by way of Cases Stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by the respondent in each case against the appellant for that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. The magistrate in each case found that the appellant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the appellant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the ttention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s 1(1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. HILBERY J: I agree. 9, Curzon Street, from the papers in front of us, appears to be let to two prostitutes who practise their profession from that address, and the way of practising it is shown by the Cases Stated, as my Lord has said; in one case by tapping on the window pane with some metal object as men passed by in the street in front of her, and then openly inviting them into her room. In the other cases it was done by tapping on the windows of various rooms occupied by these prostit utes and then, if the window was open, giving nvitations by way of solicitation or signals representing solicitation. In each case signals were intended to solicit men passing by in the street. They did effect solicitation of the men when they reached those men. At that moment the person in the street to whom the signal was addressed was solicited and, being solicited in the street, I agree with the conclusion of my Lord and for these reasons I have intimated that these appeals must be dismissed. DONOVAN J: I agree with both the judgments which have been delivered. Cases stated These were appeals by Cases Stated from the adjudications of one of the magistrates of the police courts of the metropolis sitting at Bow Street Magistrates’ Court as a magistrates’ court, before whom informations were preferred on 27 November 1959, 8 December 1959, 5 January 1960 and on a day unknown in 1960 by the respondents, police officers, that the appellants, Marie Theresa Smith and Christine Tolan being common prostitutes, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. There were two informations against Marie Theresa Smith, which were heard on 4 February 1960, when the following facts were found. The appellant was a common prostitute, living at 39, Curzon Street, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 8. 50 pm and 9. 5 pm the appellant solicited men passing in the street for the purposes of prostitution from a first floor balcony of 39, Curzon Street, the balcony being some eight to ten feet above street level. The appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the balcony railing with some metal object and by hissing to them as they passed in the street beneath her, and (ii) having so attracted their attention, to talk with them and invite them to come inside the said premises by such words as ‘Would you like to come up here a little while? ’ at the same time as she indicated the correct door of the premises. That on 9 January 1960, between 12. 0 am and 1 am the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street, the window being some three feet from railings, four feet high, which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) hav ing so attracted their attention, to invite them in for a price which she indicated by extending three fingers of her hand and indicating the correct door of the premises. That on one occasion the price so indicated by the appellant was agreed and the man entered the premises, leaving some fifteen minutes later. On another occasion the price so indicated by the appellant was not agreed by the man concerned, who made a counter-proposal as to price by extending two fingers of his hand. This counter-proposal was not accepted by the appellant and the man walked away. There were four informations against Christine Tolan which were heard on 4 February 1960, two being heard also on 8 February 1960, when the following facts were found. That the appellant was a common prostitute living at 39, Curzon Street, London, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 9. 25 pm and 9. 35 pm the appellant solicited men passing in the street for the purposes of prostitution from a half-open ground floor window of 39, Curzon Street, the window being some three feet from four feet high railings which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by half leaning out of the window towards the men as they passed by in the street in front of her and (ii), having so attracted their attention, to talk with them and invite them inside the premises by such words as ‘A short time for ? 3’ at the same time as she indicated the correct door of the said premises. That on 4 December 1959, at about 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii), having so attracted their attention, to invite them inside the premises by smiling and indicating the correct door of the premises. That on one occasion a man accepted the appellant’s suggestion and went towards the door of 39, Curzon Street, which the appellant was holding open ready for him to enter. However, when a police officer came up, the appellant hastily slammed the door and the man left (not having entered the premises). About five minutes later a second man left the premises. That on 5 December 1959, at about 10. 40 pm the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) having so attracted their attention to talk to them and invite them inside the said premises at the same time as she indicated the correct door of the said premises. That on 15 December 1959, between 10. 30 pm and 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a partly open first floor window of 39, Curzon Street, the window being about ten feet above street level. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street beneath her and (ii) having so attracted their attention, to invite them in by gestures and for a price she indicated by extending three fingers of her hand and indicating the correct door of the premises. It was contended for the appellants that the balcony; the interior of the premises behind a closed or half closed window on the ground floor; and the interior of a building behind a slightly open window on the first floor were not ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly no offence had been committed. It was contended for the respondents that the soliciting had taken place ‘in a street’ within the meaning of that Act. The magistrate was of opinion that the said soliciting had taken place ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly convicted the appellants. 3. Carlill v Carbolic Smoke Ball Co. [1983] 1QB 256 (p259) Background The British influenza epidemic of 1891-92 extracted a heavy toll on human life. To the purveyors of quack medicines it provided a wonderful opportunity. The last decade of the nineteenth century was the golden age of quackey and the carbolic smoke ball patented by Frederick Roe in December 1989 was merely one of a range of devices that were aggressively promoted to a naive public at that time. Roe’s patent application described his smoke ball as ‘An improved device for facilitating the distribution, inhalation and application of medicated and other powder’ Although the patent specification envisaged other powders being used, Roe confined himself to using carbolic acid or phenol in powder form, this being the standard germ killer of the time. Early advertisement for this smoke ball made typically extravagant claims: Will positively cure Influenza, catarrh, Asthma, Bronchitis, Hay fever, Neuralgia, Throat deafness, Hoarseness, Loss of voice, Whooping cough, Croup, Coughs, Colds, and all other ailments caused by Taking cold. Facts An advertisement that offered a reward of ? 100 ‘ to any person who contracts the increasing epidemic, influenza, colds,†¦after having used the ball according to the printed directions’. Gave rise to litigation. The company was so convinced of the infallibility of its product that its advertisement pointed out that it had deposited the sum of ? 000 with its bank as ‘proof of its sincerity’. The advertisement that gave rise to the litigation first appeared in the Pall Mall Gazette on 13 November 1891. Mrs Carlill bought a carbolic smoke ball from a chemist shop, and used it three times daily for two weeks in accordance with the written instructions, she nevertheless c ontracted influenza. When the company refused to pay the ? 100 reward, Mrs Carlill sued for breach of contract. Issues In this defence the Carbolic smoke ball co. raised virtually every possible argument that was available to deny the existence of a contract. In summary he company argued that: †¢ The newspaper advertisement was not an offer †¢ Even if it was an offer, Mrs Carlill had not validly accepted the offer. †¢ Even if she had, the arrangement was not intended to create the legal relations †¢ Even if it was, she had provided no consideration in exchange for the company’s promise †¢ Even if a contract had been formed, it was of no effect since it failed to meet certain statutory requirements. Decision The English court of appeal dismissed all of these arguments and held that a valid contract had been formed and consequently Mrs Carlill was entitled to the ? 100. Implications For present purposes, the main implications of the case are in the way that court of appeal rejected the various arguments advanced to suggest that the advertisement didn’t constitute an offer. The company’s argument that the advertisement was not a statement that people would take seriously (it was a ‘mere puff’) was rejected by reference to the statement that ? 1000 had been deposited with the Alliance Bank to show the company’s ‘sincerity in the matter’. Lindley LJ(at 261) stated: Now, for what was the money deposited or that statement made except to negative the suggestion that this was a mere puff and meant nothing at all? The deposite is called in aid by the advertiser as proof of his sincerity in the matter- that is, the sincerity of his promise to pay this ? 100 in the event which he has specified. I say this for the purpose of giving that point to the observation that we are not interring a promise, there is the promise, as plain as words can make it. The company argued that the advertisement was so vague and incomplete that reasonable people wouldn’t interpret it. To contain any legal promise. For example, the advertisement didn’t specify any time limit within which a person had to contract influenza in order for them to claim the reward. Neither was there any way for the company to check that smoke ball had been correctly used. Bowen LJ held that: The answer to that argument seems to me to be that if a person chooses to make extravagant promises of this kind he probably does so because it pays him to make them, and, if he has made them, the extravagance of the promises is no reason in law why he shouldn’t be bound by them. Lindley LJ conceded that the language was vague and uncertain in some respects but nevertheless considered that ‘business people or reasonable people ‘ would understand it to mean that ? 00 would be paid to anybody who used the smoke ball three times daily for two weeks according to the printed directions, and who contracted influenza within a reasonable time after so using it. In response to the company’s argument that an offer had to be directed at a particular person or persons and couldn not be made to the whole world. Browen LJ stated that: It was also said that the c ontract is made with all the world. †¦that is †¦with everybody, and that you can not contract with everybody. it is not a contract made with all the world. There is fallacy of the argument. It is an offer made to all the world,and why should not any offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? It is an offer to become liable to any one who, before it is retracted, performs the condition, and although the offer is made to the world, the contract is made with that limited portion to the public who come forward and perform the condition on the faith of the advertisement. 4. Havey v Facey [1983] (p259) 5. Pharmaceutical society of Great Britain v Boots Cash Chemist (p258) 6. Fisher v Bell (p257) 7. Partridge v Crittenden (p257) 8. R. Clarke (p265) Clarke, had claimed ? 1000 from the police in the following circumstances. In May 1926 the commissioner of police gave notice by proclamation that he was authorized by the government of western Australia to ‘offer a reward of ? 1000 for such information as shall lead to the arrest and conviction of the person who committed the murders’ of an inspector of police and a sergeant of police, and that the governor would be advised to extend a free pardon to any accomplice not being the person who actually committed the murders who should first give the information. In June, one Treffene and Clarke were arrested and charged with one statement which led to the arrest of one coulter. Coulter and Treffene were convicted of the murder, Clarke giving evidence in accordance with is statement. Clarke was released and claimed the reward. The R alleged inter alia by way of defence that his statement was not made with a view to obtaining the reward. His petition was dismissed at first instance, the judge finding that he had not acted on the faith entering into any contract, but rather that he acted to save himself from the unfounded charge of murder. The plaintiff failed in an action to claim a reward offered for information leading to the conviction of a murderer. He knew of the reward but be admitted in court he gave the information to save himself from being charged with the murder and with the reward’ not present to his mind’. Higgins J, 241 stated that: The motive inducing consent maybe immaterial but the consent is vital. Without that there is no contract†¦Clark had seen the offer, indeed, but it was not present to his mind.. he had forgotten it, and gave no consideration to it, in his intense excitement as to his own danger. There can not be assent without knowledge of the offer, and ignorance of the offer is the same thing whether it is due to never hearing of it or forgetting it after hearing. (Acceptance must be made in reliance on the offer) 9. Hyde v Wrench June 6. The defendant wrote to the plaintiff offering to sell his farm for ? 1000. The plaintiff’s agent immediately called on the defendant, and made an offer of ? 920 which the defendant wished to have a few days to consider. June 27, the defendant wrote to say that he could not accept this offer. June 29, the plaintiff wrote ‘accepting’ the offer of June 6. The plaintiff brought an action for specific performance. The defendant filed a general demurrer. The Master of the rolls: Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of the property. The defendant offered to sell it for? 1000, and if that had been at once unconditionally accepted, there would undoubtedly have been a perfect binding contract. Instead of that, the plaintiff made an offer of his own, to purchase the property for ? 950, and he thereby rejected the offer previously made by the defendant. I think that it was not fterwards competent for him to revive the proposal of the defendant, by tendering an acceptance of it, and that, therefore, there exists no obligation of any sort between the parties, the demurrer must be allowed. 10. Stevenson Jacques & Co. v McLean The plantiffs and the defendant were negotiating about the sale of a quantity of iron for which the defendant held warrants. Saturda y: The defendant wrote: â€Å"†¦I would now sell for 40s. net cash,open till Monday. † Monday: The plaintiffs telegraphed: â€Å"Please wire whether you would accept forty for delivery over two months, or if not, longest limit you would give. The defendant received the telegram at 10. 01am and subsequently sold the iron to a third party. 1. 25pm: the defendant telegraphed that he had sold the iron. 1. 3pm: the plaintiffs, having had no reply to their telegram, telegraphed again, accepting the offer to sell at 40s. cash. 1. 46pm: the defendant’s telegram arrived. The plaintiff sued for breach of contract, and the defendant objected that the telegram sent by the plaintiffs on the Monday morning was a rejection of the defendant’s offer and a new proposal on the plaintiffs’ part, and therefore that the defendant had a right to regard it as putting an end to the original negotiation. Lush J: Looking at the form of the telegram, the time when it was sent, and the state of the iron market, I can not think this is its fair meaning. The plaintiff Stevenson said he meant it only as an inquiry, expecting an answer for his guidance, and this, I think, is the sense in which the defendant ought to have regarded it. Stevenson, Jacques & Co v. McLean (1880) 5 QBD 346 is an English contract law case concerning the rules on communication of acceptance by telegraph. Its approach contrasts to the postal rule. McLean wrote to Stevenson, Jacques & Co. n Middlesbrough asking if he could get an offer for warrants on iron ore. He said 40s per ton in cash was the lowest price, the offer open till Monday. At 7. 42am, Stevenson telegraphed saying ‘Please wire whether you would accept forty for delivery over two months, or if not, longest limit you could give. ’ McLean did not answer, and sold at 1. 25pm to someone else. Stevenson, before hearing, telegraphed saying he had secured a price. McLean refused to deliver the iron, and Stevenson brought an action for non-delivery. Lush J held that the plaintiffs’ telegram at 9. 42 was not a rejection of the offer but a mere inquiry about whether the terms could be modified. Although McLean was at liberty to revoke the offer before Monday finished, that was not effective until it reached the plaintiffs. Therefore McLean’s offer was still open when Stevenson accepted it. 11. Power v Lee(266) 12. Felthouse v Bindley (p265) 13. Household Fire Insurance v Grant (267) 14. Holwell secutrities v Hughes (p267) 15. Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34 is a leading decision of the House of Lords on the formation of a contract using telecommunication. The Lords largely accepted the earlier leading decision of Entores v Miles Far East Co. [1955] 2 QB 327 on acceptance via telex. Brinkibon was a London company that purchased steel from Stahag, a seller based in Austria. Brinkibon sent their acceptance to a Stahag offer by Telex to Vienna. Brinkibon later wanted to issue a writ against Stahag and applied serve an out of jurisdiction party. They would only be able to do so if the contract had been formed in England. The question at issue was where the contract was formed. The Lords decided that the contract was formed in Vienna. They accepted the principle in Entores v Miles Far East Co where in the case of instantaneous communication, which included telex, the formation occurs in the place where the acceptance is received. Lord Wilberforce, however, did not see the rule as applying to all circumstances: Since 1955 the use of Telex communication has been greatly expanded, and there are many variants on it. The senders and recipients may not be the principals to the contemplated contract. They may be servants or agents with limited authority. The message may not reach, or be intended to reach, the designated recipient immediately: messages may be sent out of office hours, or at night, with the intention, or on the assumption that they will be read at a later time. There may be some error or default at the recipient’s end which prevents receipt at the time contemplated and believed in by the sender. The message may have been sent and/or received through machines operated by third persons. And many other variants may occur. No universal rule can cover all such cases; they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgement where the risks should lie. 16. Dickinson v Dodds (1876) (p261) Dodds offered to sell Dickson some houses for ? 800. This offer was stated ‘to be left over Friday, 9am’. However, Dodds sold the houses to someone else on the Thursday. Dickson heard of this sale indirectly but still handed Dodds a formal acceptance of the offer before 9am. Friday, it was held that no contract was formed with Dickson. The offer had been revoked before acceptance since Dickinson had actually received notice of the revocation even though this was not from the offeror. (General rule: an offer can be revoked (withdrawn or cancelled) by the offeror any time before it is accepted. A revocation is not effective until the offeree becomes aware of it. It is not necessary that offeror personally communicate the revocation to the offeree. It is sufficient if a reasonable person would be aware that the offer had been withdrawn. 17. Byrne & Co. v. Van Tienhoven & Co. October 1: The defendants, in Cardiff, posted a letter to the plaintiffs, in New York, offering to sell them 1000 boxes of tinplates. October 8: The defendants posted a letter revoking their offer. October 11:The plaintiffs telegraphed acceptance October 15: The plaintiffs confirmed their acceptance by letter. October 20: The defendants’ letter of revocation reached the plaintiffs. (Revocation is effective when it arrives. Postal acceptance Rule) 18. Rose & Frank Co. v Crompton & Bros. The defendant manufactured carbon paper in England. The plaintiff bought the defendant's paper and sold it in New York. After dealing with each other for a number of years they entered into a written agreement as to the plaintiff having exclusive rights to buy and sell the defendant's goods. The agreement stated: â€Å"This agreement is not a formal or legal agreement. It will not be subject to the jurisdiction of either the British or American courts. It is a record of the intention of the parties to which they honourably pledge themselves and is to be carried out with mutual loyalty and friendly co-operation. Following a series of disputes the plaintiff claimed that the defendant was in breach of the agreement and the trial judge held that it was legally binding. The defendant appealed and the Court Of Appeal overturned the decision – it was quite possible for parties to agree that a legal relationship would not be formed. Bankes LJ said that an intention to be legally bound was essential. With business arrangements it usual ly follows as a matter of course that legal relations are intended. Whilst it was â€Å"most improbable† that firms engaged in international business arrangements should not have intended legal consequences there is no legal obstacle to prevent them from doing so. He added further that there is no law or issue of public policy that should preclude this rule. Thus after reading the agreement in its ordinary meaning, he said â€Å"it is manifest that no action can be maintained on the basis of it. † (Intention to create relations) 19. Balfour v Balfour (p271) 20. Merritt v Merritt The court held that the presumption that agreements between husband and wife are not intended to create legal relations doesn’t apply when they are not living in amity but are separated or about to separate. H had left W and was living with another woman. He agreed to pay W ? 40 a month. And signed a written agreement that, in consideration of W’s paying off the mortgage on their jointly owned house, he would then transfer it to her sole ownership. W paid off the jointly owned house, he would then transfer it to her sole ownership. W paid off the mortgage, Stamp J, made a declaration that W was the sole beneficial owner. H’s appeal was dismissed. Lord Denning said:’In all these cases the court does not try to discover the intention by looking into the minds of the parties. It looks at the situation in which they were placed and asks itself: would reasonable people regard this agreement as intended to be binding? † (google)A husband and wife separated. They then met to make arrangements for the future. After this the husband agreed to pay ? 40 per month maintenance, out of which the wife would pay the mortgage. When the mortgage was paid off it was agreed he would transfer the house from joint names to the wife's name. He wrote this down and signed the paper, but later refused to transfer the house. It was held that when the agreement was made, the husband and wife were no longer living together, therefore they must have intended the agreement to be binding, as they would base their future actions on it. This intention was evidenced by the writing and therefore the husband had to transfer the house to the wife. 21. Jones v Vernons Pools Ltd (p272) 22. White v Bluett (p277) 23. Roscorla v Thomas (p277) 24. Re Casey’s Patents (google) A and B owned a patent and C was the manager who had worked on it for two years. A and B then promised C a one-third share in the invention for his help in developing it. The patents were transferred to C but A and B then claimed their return. It was held that C could rely on the agreement. Even though C's consideration was in the past, it had been done in a business situation, at the request of A and B and it was understood by both sides that C would be paid and the subsequent promise to pay merely fixed the amount. (past consideration is good if: Must be done at the promisor's request Parties understand that the act was to be rewarded. Payment must have been legally enforceable had it been promised in advance) 25. Collins v Godefroy This case (Collins v Godefroy [1831] 1 BAd 950) is the archetype of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. Godefroy promised Collins six guineas if he would attend court to testify on his behalf. At his agreement, Collins was subpeonaed. Godefroy refused to pay. In his defence, he claimed that there was no consideration moving from Collins, as he was obliged to attend court anyway. This view was upheld by the court. (It was held that as Collins was under a legal duty to attend court he had not provided consideration. His action therefore failed. ) 26. Ward v Byham The father of an illegitimate child agreed to pay the mother a sum of money for maintenance, provided that the child be well looked after and happy, and that the mother offer the child the choice of which parent to live with when she was old enough to understand. The father made payments until the child's mother married, and then he refused. The mother sued for breach of contract. The father's defence was that there was no consideration to the agreement, as the mother was legally obligated to care for the child. The Court of Appeal ruled that the mother had exceeded her statutory duty by bringing up the child in a particular way, and in accordance with the wishes of the father, and this was sufficient consideration. (Do more than public duty is good consideration) 27. Dunton v Dunton (p277) 28. Glasbrook Brothers Ltd v Glamorgan County Council (p278) 29. Stilk v Myrick (p278) 30. Musumeci v Winadell Pty Ltd (p278) 31. Shadwell v Shadwell (279) 32. Hartley v Ponsonby (p279) 33. Pinnel’s case ( ) The plaintiff sued the defendant for the sum of ? 8 10s. The defence was based on the fact that the defendant had, at the plaintiff's request, tendered ? 5-2s-6d before the debt was due, which the plaintiff had accepted in full satisfaction for the debt. payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum: but the gift of a horse, hawk, or robe, etc. in satisfaction is good†¦ [as] more beneficial to the plaintiff than the money. The rule is obiter dicta. In Pinnel's Case itself the debt was paid before the date of satisfaction, which was considered good consideration. 34. Foakes v Beer (p279) 35. Central London property Thust Ltd. v High Tress house Ltd. (p281) 36. Waltons Stores (interstate)Ltd. v Macher (p281) 37. Donoghue v Stevenson (p172) 38. Perre v Apand (p201) 39. Bolton v Stone (p187) 40. Haley v London Electricity Board (photocopy) 41. Pairs v Stepney BC (p190) 42. WATT v HERTFORDSHIRE COUNTY COUNCIL [1954] 1 WLR 835 DENNING LJ: †¦ It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. Full text SINGLETON LJ: The plaintiff was employed in the fire service under the control of the defendants and he was stationed at Watford. He had a serious accident on 27 July 1951, as a result of which he brought this action, claiming damages for negligence. His case is that the defendants undertook to exercise the care which they owed to him and to other men employed in the fire service, and he gives particulars of negligence. There are always firemen on duty at the fire station at Watford, and on 27 July 1951, an emergency call was received there to the effect that there had been an accident and that a woman was trapped under a heavy vehicle about two hundred or three hundred yards away. In view of the nature of the emergency the officer in charge, Sub-officer Richards, gave directions that two teams of men should go out, and he himself went with the first team. It was clear that there might be need for lifting apparatus of some kind, and at the fire station there was a jack capable of raising heavy weights. The jack did not belong to the fire service. It was the property of London Transport Executive, whose practice it is to lend out jacks of this kind to various fire stations, and, perhaps, to other bodies, so that they can be on call in case of need. Thus, the jack was on loan to the defendants at this fire station. It is only on rare occasions that there is an emergency call requiring the services of a jack of this kind. The plaintiff had been in the fire service in Hertfordshire since 1939, and he had only known of one emergency call on which a jack was required. The defendants had an Austin vehicle fitted to carry this jack. The fire station at Watford is not a large one, and it had not a great many vehicles. The Austin vehicle was the only one fitted to carry the jack, but it was not kept purely for that purpose. It had other services to perform during part of the week, and on this day it was properly out on other service. The jack stands on four small wheels, two of which are castored, which means that they may turn all the way round the circle. There was at the fire station only one vehicle on which the jack could be carried in the absence of the Austin vehicle, a Fordson lorry, and before leaving with his team Sub-officer Richards told the leading fireman in charge of the second team, of which the plaintiff was a member, to take the jack on the lorry. Consequently, the five men in the second team lifted up the jack, which weighed between two and three hundredweight, and put it on to the flat Fordson lorry, which had boards at the sides and a tailboard. They got on the lorry themselves, two in the front seat, and three sitting in the body. The plaintiff was in the forward part of the body on the right-hand side, and the other two men there were, perhaps, a little further back and on the other side, and they held the jack somehow. Obviously there might be movement of the jack in the lorry, for there were no means of securing it, no place on which anything could be tied, and no built-in system which would prevent movement. There was, therefore, a risk. The men knew what they were doing. They started their journey, which was only two hundred or three hundred yards. But on the way something happened to cause the driver to apply his brakes suddenly, the jack moved inside the lorry, the plaintiff’s leg was caught, and he was injured. In these circumstances he claimed that the defendants, his employers, were negligent in that they ‘(a) failed to load or secure the said lifting jack in such a way that it could not become dislodged;(b) loaded the said lifting jack in such a way that they knew or ought to have known it was likely that if the said lorry pulled up suddenly the same would become dislodged and cause injuries to any person riding on the back of the said lorry;(c) permitted and/or caused the laintiff to ride on the back of the said lorry on to which the said lifting jack had been loaded as aforesaid;(d) caused or permitted the said jack to be transported on the said lorry which as the defendants knew or ought to have known was not provided with clips straps or other suitable means to secure the same;(e) failed to provide any or any adequate supervision of the loading of the said jack on to the said lorry’; and it was claimed that the plaintiff’s accident was due to negligence, and that he was entitled to recover damages against the defendants. Barry J heard the action, and on 16 December 1953, he gave judgment in favour of the defendants, holding that it was not shown that they had been guilty of any negligence towards the plaintiff or towards their other employees. I am in complete agreement with his judgment. The fire service is a service which must always involve risk for those who are employed in it, and, as counsel for the plaintiff pointed out, they are entitled to expect that their equipment shall be as good as reasonable care can secure. An emergency arose as often happens. Mr Richards, the sub-officer who had given the order, was asked in re-examination: ‘From your point of view you thought it was a piece of luck, with this unfortunate woman under the bus, that the Fordson was available and you could use it? A. – Yes. It is recognised in the service that we use our initiative at all times, and in doing so any reasonable step you take is considered satisfactory if it is a question of saving life. You have to make a sudden decision. ’ It is not alleged that there was negligence on the part of any particular individual, that the driver was negligent in driving too fast, or that Sub-officer Richards was negligent in giving the order which he did. The case put forward by counsel for the plaintiff in this court is that, as the defendants had a jack, it was their duty to have a vehicle fitted in all respects to carry that jack, from which it follows, I suppose, that it is said a vehicle must be kept at the fire station at all times, or that, if there is not one, the lifting jack must not be taken out. Indeed, counsel claimed that, in the case of such an occurrence as this, if there was no vehicle fitted to carry the jack, the sub-officer ought to have telephoned to the fire station at St Albans and arranged that they should attend to the emergency. St Albans is some seven miles away, and it was said an extra ten minutes or so would have elapsed if that had been done. I cannot think that is the right way to approach the matter. There was a real emergency. The woman was under a heavy vehicle. These men in the fire service thought they ought to go promptly, and thought they ought to take a lifting jack, and they did so. Most unfortunately this accident to the plaintiff happened. The duty owed by employers has been stated often. Lord Herschell in Smith v Baker & Sons said ([1891] AC 362): ‘It is quite clear that the contract between employer and employed involves on the part of the former the duty of taking reasonable care to provide proper appliances, and to maintain them in a proper condition, and so to carry on his operations as not to subject those employed by him to unnecessary risk. The employee in this case was a member of the fire service, who always undertake some risk, though, according to counsel for the plaintiff, not this risk. Is it to be said that, if an emergency call reaches a fire station, the person in charge has to ponder on the matter in this way: Must I send out my men with the lifting jack in these circumstances, or must I telephone to St Albans , seven miles away, to ask them to undertake the task? I suppose he must think about his duty, but what would a reasonable man do placed as he was? Would the reasonably careful head of the station have done anything other than that which Sub-officer Richards did? I think not. Can it be said, then, that there is a duty on the employers here, the defendants, to have a vehicle built and fitted to carry this jack at all times, or, if they have not, not to take the jack for a short journey of two or three hundred yards? I do not think that will do. Asquith LJ in Daborn v Bath Tramways Motor Co Ltd & Trevor Smithey said ([4946] 2 All ER 336): ‘In determining whether a party is negligent, the standard of reasonable care is that which is reasonably to be demanded in the circumstances. A relevant circumstance to take into account may be the importance of the end to be served by behaving in this way or in that. As has often been pointed out, if all the trains in this country were restricted to a speed of five miles an hour, there would be fewer accidents, but our national life would be intolerably slowed down. The purpose to be served, if sufficiently important, justifies the assumption of abnormal risk. ’ The purpose to be served in this case was the saving of life. The men were prepared to take that risk. They were not, in my view, called on to take any risk other than that which normally might be encountered in this service. I agree with Barry J that, on the whole of the evidence which was given, it would not be right to find that the defendants as employers were guilty of any failure of the duty which they owed to their workmen. In my opinion, the appeal should be dismissed. DENNING LJ: It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. I agree with my Lord that this appeal should be dismissed. MORRIS LJ: I also agree. The accident in this case came about as a result of a somewhat unusual concatenation of circumstances. There had for a long time been no call for the use of the jack. Any such call, according to the evidence, was extremely rare. It so happened that a call came at a time when the Austin vehicle which would normally have carried the jack was otherwise engaged. I do not think it can be said to have been unreasonable to have had the Austin vehicle for use in the way that was arranged. Had the fire station been larger, had there been unlimited resources, unlimited space, and an unlimited number of vehicles, then it may be that another fitted vehicle would have been available. But that was not reasonably practicable or possible. When the call for the jack came, Mr Richards had to decide what to do, and I do not think that it would have been in accordance with the traditions of the fire service if he had said that he could do nothing other than call on St Albans. What he decided to do was in accordance with the practice of the fire service. Mr Bottin, the assistant chief officer in the London Fire Brigade, speaking of the provision of jacks, pointed out that in London there are twenty-nine sets of lifting gear, one being provided for every two stations. He said in evidence: ‘Q. Can you always undertake that that one vehicle will be available for the transport of a jack? A. – No. Q. – In your view is it reasonably practicable for a fire service to adapt all of its vehicles for the transport of jacks? A. – No. I would not think it was reasonable. Q. – You have been a station officer, have you not? A. – I have. Q. – Supposing you found yourself in charge of a stati on, and supposing the equipment available was not that most suitable for the purpose but you found that human life was in danger and you might save it by adopting a method not entirely suitable, what in your view would be your duty as a station officer? A. – I have had that experience, and I did not hesitate to get the equipment there as quickly as possible. ’ As I have said, I think Mr Richards acted in accordance with the traditions of the service, and I cannot for one moment think that the employers could be held responsible as having failed in the performance of their duties. I agree that the appeal fails. 43. Rogers v Whitaker (p189) 44. Barnett v Chelsea Hospital 45. March v E. & M. H Stramare Pty. Ltd.

PESTEL Analysis (Coca Cola Bottlers Philippines Inc.) Essay

Political Factors Political analysis examines the current and potential influences from political pressures. The non-alcoholic beverages falls in the category under the FDA and the government plays a role within the operation of manufacturing these products. In terms of regulations, the government has the power to set potential fines for the companies that did not meet their standard law requirement. The changes in laws and regulations, such as accounting standards, taxation requirements and environmental laws and foreign jurisdictions might affect the book of the company as well as their entry in foreign country. Other than that, the changes in the nature of business as non-alcoholic beverages can gain competitive product and pricing pressures and the ability to improve or maintain the share in sales in global market as a result of action by competitors. The political conditions of the country are also basis of the study, especially in internal markets and other governmental changes that affects thei r ability to penetrate the developing and emerging markets that involves the political and economic conditions. However, Coca Cola continuously monitoring the policies and regulations set by the government. Economic Factors Economic analysis examines the local, national and world economy impact which is also includes the issue of recession and inflation rates. The non-alcoholic beverage industry has high sales in countries outside the U.S. According to the Standard and Poor’s Industry surveys, â€Å"For major soft drink companies, there has been economic improvement in many major international markets, such as Japan, Brazil, and Germany.† These markets will continue to play a major role in the success and stable growth for a majority of the non-alcoholic beverage industry. Social Factors The changes in society affect the organization such as changing in lifestyles and attitudes of the market. Consumers from the ages of 37 to 55 are also increasingly concerned with nutrition. There is a large population of the  age range known as the baby boomers. Since many are reaching an older age in life they are becoming more concerned with increasing their longevity. This will continue to affect the non-alcoholic beverage industry by increasing the demand overall and in the healthier beverages. The demand for carbonated drinks decreases and this pulled down the revenues of Coca Cola. Technological Factors Technology is the main focus of the analysis where the introduction and the emerging technological techniques are valued. This creates opportunities for new products and product improvements in terms of marketing and production. As the technology advances, new products are introduced into the market. The advancement in technology has led to the creation of cherry coke in 1985 but consumers still prefers the traditional taste of the original coke. Environmental Factors Environmental analysis examines the local, national and world environmental issues. According to the data of the Coca Cola Company, all of the facilities are strictly monitored according to the environmental laws imposed by the government Legal Factors Legal aspect focuses on the effect of the national and world legislation. The Coca Cola Company receives all the rights applicable in the nature of their business and every inventions and product developments are always going into the patented process.

A Comparison between Jails and Prisons Essay

Abstract This paper will demonstrate the comparison between jails and prisons. A description of jail’s and how corrections played a role will be explained, in addition to the history of jails and prison. Also a summary of the state and federal prison history will explained, as well as the comparisons of the similarities between security level jails, state prisons, and federal prisons. Finally, an explanation of factors influencing growth in jails, state prisons, and federal prisons will be discussed. â€Å"Jails are locally operated correctional facilities that confine people before or after adjudication† (Seiter, 2011). From a correctional stand point, jails serve a range of functions and possess a variety of categories which includes: individuals pending arraignment, awaiting trial, conviction, or sentencing: mentally ill people who are pending their movement to a suitable mental health facility: inmates pending transfer to federal, state, or criminal justice authorities: inmates who are sentenced no longer than one year: probation, parole, and bail bond violators, and juveniles who are pending transfer to juvenile authorities. These categories make the operation of current jails very complicated and require systems, staff, and facilities that are amenable to accommodate those innumerable demands. They have several diverse terms that are used to label facilities that handle these specific functions such as: correctional centers, house of corrections, and detention facili ties. During historic times there has been a substantial difference between federal and state prison systems. State crimes consisted of murder, assault, robbery, theft, and burglary. Federal crimes consisted of white collar crimes, fraud, or treason. Over the past decades Congress federalized crimes such as bank robbery, kidnapping the distribution of drugs, and murder of public officials. As a result of this, there is less discrepancy between the types of inmates in state and federal prisons than in the past. In the late 1800’s, offenders were housed in state prisons if their sentence was for more than one year. After the U.S. Department of Justice was established in 1870, a select official was responsible for the â€Å"care and custody† of all federal prisoners. Although, state prisons became overcrowded, the states became indisposed to house federal offenders and insisted the Department of Justice to establish facilities to maintain federal inmates. This led to Congress passing the Three Penitentiary Act. This act authorized the production of three penitentiaries to house federal offenders. â€Å"These three prisons served the needs of the federal government and housed almost all federal inmates for several decades (Seiter, 2011). The three penitentiaries became crowded therefore; in 1925 Congress authorized the creation of a reformatory for males between the ages of seventeen and thirty. Two years later a federal prison for women was established in 1927. Today the federal prison system is a nationwide system of prisons and detention facilities for incarceration of inmates who are sentenced for federal crimes and for the detention of the offenders awaiting trial or sentencing in federal court. Federal prison camps are established to be minimum-security institutions. These institutions have dormitory housing, low number in staff, and limited or no perimeter fencing. Federal correctional institutions are considered low security prisons. These institutions are double fenced, mostly dormitory housing, and a higher staff ratio than minimum security facilities. Most adult prisoners who are serving more than one year are housed in facilities that are run by the state. â€Å"As of June 30, 2008, the states operated almost one thousand two hundred fifty prisons are holding approximately 1.41 million inmates (Seiter, 2011). Each state adopts its own penal code that specifies what acts are considered felonies, what extent of sentences is available for each category of crime, and what type if sentencing configuration it will have. The state prison system security level classifications are similar to the federal prison system. One key difference is that many states have central reception centers, which all inmates are placed until classified. When the inmates arrive at the reception center they receive a security classification to clarify which prison they will be assigned. The ideal purpose of security classification is to counterpart offenders to institutions that have the physical security and staff resources to avoid escape and control their behavior. Over the past years, the prison population has grown due to an increase in violence and other major crimes. For instance, Louisiana has had over fifty killings this year compared the forty killings that took place for the entire last year. Louisiana’s prison population is crowded and overcrowded at some institutions. â€Å"At mid-year 2002, the population of the nation’s prisons and jails for the first time reached two million† (Seiter, 2011). The growth of prison incarceration continues to grow every twenty years. Over the years, jurisdiction has tried to come up with a solution to solve its jail crowding problem. They thought building new facilities would be the answer to their problems but they were wrong. Many factors influenced that decision including politics and budget challenges. In conclusion, jails and prisons are similar. Prisons are more populated than jails. The reader should understand the difference between federal and state prisons and local jails. Also the history of how federal and state prisons were explained to let the reader know how and where the prisons derived from and how they evolved into what they are today. Works Cited Seiter, R. P. (2011). Corrections: An Introduction (3rd ed.). : Prentice Hall.

Close Critical Reading of Poem Inescapably Me Essay

Close Critical Reading of Poem Inescapably Me - Essay Example The poem argues that to live in the uncertainties and regrets of the past kills people’s ability to move on and live for the present and the future. The use of first person and second person makes the poem immediate and personal, wherein memories are expressed in terms of the past’s close relationship with the present and future. The second person shows that the speaker wants to be in a conversation. Readers are invited to enter his world: â€Å"†¦If you ask the little bald/clerk†¦Ã¢â‚¬  (Chan 3-4) â€Å"†¦you could slip into one of them,/so nice and cool, and see if it will fit, with your arms folded/nicely, hands over your heart†¦Ã¢â‚¬  (Chan 5-7). The speaker wants the audience to participate in the act of feeling death by asking them to enter the coffin. A personal relationship is established, where the â€Å"you† can try understanding the â€Å"I† of the poem. Moreover, the first person results to immediacy and intimacy too. Im mediacy helps readers feel that they are inside the mind of the speaker, who is argued as a male because of his relationship with a woman, although the speaker can be a lesbian too. After giving examples of conditions that do not fit, the speaker says: â€Å"It also doesn’t fit that I loved a girl, who broke my heart† (Chan 15). The speaker asserts that like the dead things in his life, it does not make any sense that he loves someone who does not love him back. He is stuck in the past and the pain of his heartbreak. The past shapes the future of the speaker too. The first and second person creates a monologue for a beloved: â€Å"†¦.Still/there is a corner of my heart I saved for you./You could come back, slip in there, and see if it will fit† (Chan 26-28). The speaker continues to wait for the past to return. He cannot imagine a future without removing this gaping emptiness in his heart. The first and second person views establish the intimacy of past mem ories. The free verse form of the poem, enjambment, and alliteration add to the conversational and intimate writing style of the poem. Free verse follows the melody of natural speech. Chan speaks in first person with a free verse form: â€Å"There are coffin shops in the old parts of Hong Kong,/empty and dark like garages, except for the bulks of smooth† (1-2). The speaker expresses himself in a usual conversation, starting with coffin shops in Hong Kong. The choice of topic and images is interesting, which the free form style emphasizes, because the effect is a storytelling rhythm about the cycle of life. Furthermore, the poem is filled with enjambment. Most of the lines are enjambed, such as lines 3 to 7: †¦If you ask the little bald/clerk, his bare arms speckled with tiny brown islands, fanning/himself with yellowed newspaper, you could slip into one of them,/so nice and cool, and see if it will fit, with your arms folded/nicely, hands over your heart. (Chan 3-7) The speaker describes the bald clerk who is in charge of the shop and enjambs this description with the experience of testing coffins. The effect is that the clerk is connected to the images and feelings of death, since he is bald and seems to be physically moldering like the â€Å"yellowed newspaper† he uses as a fan (Chan 5). The alliteration of â€Å"bald† â€Å"bare† and â€Å"brown† suggests decaying, relating it to someone who is dying. In this

Bitcoin - IT professional and society Essay Example | Topics and Well Written Essays - 750 words

Bitcoin - IT professional and society - Essay Example It is supported by the network and created as a part of reward for any work to be processed. Furthermore, it is created by users that can offer their computing power for record and verify payments. Most of the transaction and buying are done by the help of credit or debit card. The use of credit card via online is insecure and never supposed to be used by the online users. The transaction done through Bitcoin does not require providing any secret information. People who are the victim of using credit card for online transaction are trying to use Bitcoin as a solution. Bitcoin is safe and required two keys such as private one and public key. Private Key is secret and is not revealed to any users. Public key is the actual Bitcoin address. One of the biggest retailers, Overstick.com is accepting the use of Bitcoin. Lot of major organizations and companies are taking the notice of making transaction secure and trying to implement the use of digital currency, Bitcoin. The introduction of Bitcoin has been one of the debated topics and buzzwords around the world. The effect of Bitcoin on Ecommerce is immense. It is mainly due to the fact that, there are no transaction fees for consumers on the currency. Moreover, the implementation of Bitcoin is secure and low transaction fess required. In addition, transaction can be possible in areas where it is not possible for any option of payment. The potential growth of implementation of Bitcoin is huge and can revolutionize the use of online transaction. The introduction of Satoshi Nakamoto has been for many years now. But it is finally taking its prime position to be on the main stage. The revolutionary currency idea has been a late arrival in the United States. Many other countries have utilized the use of Bitcoin as a potential future payment system. A vacation home can be bought with the help of Bitcoin in Argentina. Dentists in Finland have approved the use of

Report on the airline and aircraft and manufacturing industries Essay

Report on the airline and aircraft and manufacturing industries - Essay Example The barriers to entry are high and so very few prospective players are looking forward to enter. The industry is impacted by macro-environmental factors which help to shape demand for its commercial aircrafts. The factors that drive demand in this industry include economic growth as measured by gross domestic product (GDP) and growth in regional and international trade. These factors have historically impacted on growth in regional and international travel. With the abatement of the global recession in most regions, it is expected that the demand for commercial aircrafts will increase resulting in between 26,000 and 31,000 new commercial aircrafts of varying types being demanded. The demand for new aircraft will also be stimulated by the need to replace retiring aircrafts with new and more energy efficient aircrafts that burn less fuel and have more capacity to enable increases in revenue per passenger kilometre (RPK). Boeing and Airbus are the major players in the aircraft manufactu ring industry and both of them have produced market forecast for the 20 year period 2010 to 2029. They both have differences in their estimates of the number of aircrafts that will be required to fill demand for passenger seats during the period. They also have differing expectations on whether the point-to-point or hub and spoke is the best strategy to follow as both seek to ensure that whichever philosophy airlines choose, they are not disadvantaged. A SWOT analysis reveals that the companies have significant strengths and will be able to take hold of the opportunities and minimise weaknesses and threats in both the micro and macro-environments. A TOWS analysis model was used to determine what strengths could be used to take hold of opportunities and minimise threats and weaknesses and turn them into opportunities where possible. Table of Contents 1. Introduction 2. Part A 2.0 Definition of the industry and its structure 2.1 An analysis of the micro-environment 2.1.1 Threat of sub stitute products 2.1.2 Barriers to entry 2.1.3 Power of suppliers 2.1.4 Power of customers/buyers 2.1.5 Competitive rivalry 2.2 An analysis of the macro-environment 2.2.1 Political factors 2.2.2 Economic factors 2.2.3 Social factors 2.2.4 Technological factors 2.2.5 Legal factors 2.2.6 Ecological factors 3 Part B 3.0 Developing a strategy 3.1 Market Forecasts 3.1.1 Boeing’s Market Forecasts 3.1.2 Airbus’s Market Forecasts 3.1.3 Comparison of Forecasts 3.2 Situational Analysis of Boeing and Airbus 3.3 Situational Analysis using the SWOT model 3.3.1 Strengths 3.3.2 Weaknesses 3.3.3 Opportunities 3.3.4 Threats 3.4 Situational Analysis using the TOWS model 4.0 Conclusion 1.0 Introduction This report is divided into two parts. Part 1 identifies and analyses the structure of the commercial aircraft manufacturing industry with emphasis on its two major players Airbus of Europe and Boeing of the United States. It then analyses the competition in the industry and the demand con ditions facing industry players. An analysis of the macro-environment using the PESLE model and highlighting the main factors that will impact the industry has also been presented. Part 2 summarises market forecasts prepared by Airbus and Boeing and highlights the differences. In order to determine the ability of both companies to deal

INTERMED MACROECON Essay Example | Topics and Well Written Essays - 1750 words

INTERMED MACROECON - Essay Example It basically measures output and thus is a totally different concept from GDY (Gross Domestic Income) because the latter measures incomes. Also, only domestic production is counted in GDP and no foreign or abroad output. The calculation of GDP is facilitated by the use of price indices whereby current prices are measured against the price of a base year and thus, changes in the level of output are measured every year. Output and GDP changes are positively correlated. GDP is not directly impacted by a change in the level of prices and interest rates but indirectly, they bring about changes in employment levels and therefore, GDP is indirectly affected by these variables. APE (Aggregate Planned Expenditure) APE is the measure of total goods and services demanded by all the sectors in a country. Because it is the demand which creates GDP in domestic market, APE in reality also includes foreign imports which tend to increase the APE. In order to arrive at the actual APE, all imports (F) are subtracted from the sum total of household consumption (C), business investment (I), government purchases (G) and exports (X). Mathematically, it is denoted by the following formula: APE= C + I + G + X –F Variables affecting the APE are GDP and the interest rate levels. For GDP, the change is positive, strong and quick while for interest rates, it is slow, negative and weak. However, APE is not directly affected by price level changes. ASF (Aggregate Supply of Funding) To measure and define ASF, it is first essential to understand the meaning of velocity of money (V). V is the number of time a dollar is used to purchase goods or services within a year. Also, funds in a country can be categorized in currency and coins (CC) and checking account balances (CA), the sum of which gives us the money supply (M). While M increases with the increase in bank lending, V increases with the increase in non-bank lending. As such, ASF comes out to be: ASF= (M * V) / p where p= price inde x Consequently, change in ASF is directly proportional to a change in interest rates while it is inversely proportional to change in price levels. ADF (Aggregate Demand for Funding) Concept of ADF creeps in when we establish equality between APE and GDP. In case of APE almost equal to GDP, ASF supports the funding of production as well as sales. However, when APE is less than GDP, producers and businessmen need additional revenues to compensate their bills and costs. It thus follows that ADF equals APE when APE equals GDP. However, ADF equals GDP when APE < GDP. Chapter 2 Plotting GDP on a graph When plotting the macroeconomics variables of GDP, APE, ASF and ADF, the vertical axis is the interest rate level (i) and the other three are shown on the horizontal axis. Since interest rate level has no direct impact upon GDP level, the GDP line goes vertical unaffected. It just moves right or left by the amount of change in GDP. Adding APE to the graph To plot APE line on the graph, use o f the following formula is done which has already been discussed above: APE= a + b (GDY) – ci. The slope of the APE line is always to the left and upwards because rise in interest rates signifies fall in APE. Another line called IS which is not a measuring unit, depicts all the combination of interest rate levels and GDP at which GDP equals APE. The Macroeconomic Coordination Process tends the three lines to intersect at common points whether they shift to the right or left

Response to Post of Classmate on Education Assignment - 6

Response to Post of Classmate on Education - Assignment Example Therefore, in human resource development, the scholar-practitioner role is seen to be similarly applicable through being apprised with current and future trends in human resources management and ensuring that best practices are imbibed in their respective work settings. The research methodology disclosed for the planned study about understanding how the social media influences peoples perception of certain social issues (prejudice and xenophobia) is commendable. One honestly believes that the concern regarding biases could be addressed, depending on the manner in which interview questions are to be designed. Actually, a survey-questionnaire method could be used to precede the interview method. Through the survey-questionnaire method, both the researcher and the respondents’ demographic profile would not be seen as instrumental or contributory to the response. Likewise, the questions could be designed in the most appropriate manner to ensure objectivity. Any response that requires further clarification would be verified through the interview process. Utilization of a survey-questionnaire would enable reaching a wider range of respondents.

To Whom It May Concern Essay Example | Topics and Well Written Essays - 1750 words

To Whom It May Concern - Essay Example In a hurry to hide something Quick, Lucy! Don't "fill" your blouse with missing cherries from the confection assembly line! Stuff it, girl! Although "farce" theatre has its origins in France, many would argue that it has been perfected by the English. Few would disagree that whilst naming influential forces within the world of farce theatre, it would be appropriate to include many works produced by British entertainers, especially the members of Monty Python. Today, however, it is entirely possible that the bulk of our comedic diet, as Americans, is made up of farce, usually in the form of sitcoms, but also prevalent upon the stage. We seem to have a taste for the outrageous, hysterical episodes of characters caught in ridiculous circumstances. A prime example of farce upon the stage can be seen in Michael Frayn's play, "Noises Off." "Noises Off," is a play whose basic plot entails the misadventures of a struggling, low-budget theatre troupe attempting to pull together and make their performance of "Nothing On," a success. In the first act, we see the various cast members acting out what happens when a wealthy couple trying to avoid the taxman return home from overseas, but without letting anyone-especially the IRS-know. Meanwhile, their home, which is up for let, is being-shall we say explored-by others who don't suspect anyone of being home. This comedy of errors, so cleverly done and well-thought out, makes us forget for a moment that we are watching a play within a play. However, we are soon reminded that the actors on stage are playing actors. It is during this opening act that we see the various relationships between the cast members, who are smitten with whom, and exactly where all those plates of sardines go.In the next act, we see another performance of "Nothing On," only this time with completely diffe rent chemistry between the cast members. What began, in act one, as a rather jumbled, stressed, but good-natured set of people, several of whom were involved romantically, has devolved into a group with growing suspicion and hurt feelings due to a series of misunderstandings.By act three, the confusion has led to outright hostility between the majority of the cast, and we are left where we began: with a plateful of sardines. Within the next few pages, please take a look at set design for "Noises Off." Act I: We need to start with the characters. Since this "play within a play" happens solely within the theatre during rehearsal and show time, the characters will always be dressed like their characters. Dotty Otley: A woman in her early forties, dressed like a housekeeper, with a mid-calf length dress in a drab color, a full-length apron, sensible shoes. Her hair must be pulled back. Flavia Brent: A woman in her late thirties, dressed like a yuppie. Tasteful neutral clothes, jewelry. Roger Tramplemain: A man in his late thirties, dressed in a smart suit. Burglar: A man in his early sixties, gray hair, wearing a black turtleneck, black leggings, black shoes and black gloves, along with a black ski mask, pulled away from his face. Vicki: A pretty, dark-haired woman in her early twenties, wearing a suit appropriate for working in an office. Philip Brent: A man in his la

Why men's basketball is better than women's basketball Essay

Why men's basketball is better than women's basketball - Essay Example This paper analyses the above preposition from three different writers, and considers their perception and the rhetorical tools they have used to drive their points and how effective the tools are in accomplishing the writer’s objective. The first article written by Josh Kramer posits that by comparison, men’s basketball is better than that of the women in more than one way. In this sense, the writer employed the use of strategies in order to communicate and deliver his arguments and views. Where as he acknowledges that every ones opinion matters in this assessment, he also asserts that there are some inherent things with men’s basketball that makes it much cherished compared to that of the women (Kramer). He considers the airtime that the two are given and explains that men are given more than women and the situation makes it possible for men to dominate the game than women. On the other hand, the author also posits that in women basketball, there is no overall excitement as compared to that of men. These among other thing like the predictability of the women game makes it too boring to attend to and watch. In order to drive his point home, the author has used rhetorical tools to channel the same, for example.

Marital status Essay Example for Free

Marital status Essay Q : I’l like some personal information first Mr. Wee. Do you mind telling me your age? A : Thank you for the opportunity and it is a great privilege to attend interview session. Have just entered 49th year giving a caution that it is time for another elevation in employment as the ageing process has just begun and it must work advantageously to derive further benefits both in terms of work which has a great experience in the past in profession and in building personal reputation as a designer. Began fashion designing career as a fresh diploma holder at the age of 23 and several phases of work have molded me into a professional fashion designer providing with both easy and complex formulas of work leaving a lasting experiences in fashion designing. So far, there were no regrets for choosing this career whereas have received much encouragement and cooperation from the place of work both from subordinates as well as from senior management and feel proud of being a part of this industry. Q: And are you a Malaysia citizen? A: Correct. In Asia, Malaysia has a great significance for its efficiency in airlines promoting Malaysia as a tourist destination all around the world. Malaysians are different in culture, life style and in choosing garments. Malaysian young men and women look beautiful and even attend beauty pageants at international level. Malaysian cuisine is specially flavored and particularly maintains usage of ancient herbs and practices some of the best methods of modernized cooking system which is liked by tourists. Garments designing is also very special such that a Malaysian can be identified with the kind of dressing one wears and sometimes even in speech. Malaysians are cordial and mannered and extend warm behavior in work environment. Q: And could you tell me your marital status, please? A: Married to an educated and a beautiful woman working in a Hyatt international as catering manager. My wife name is Micheele Yeoh who is a good manager and a good wife apart from being a very nice human being that she agreed to adopt an infant orphan boy at the age of one month in the year 1990. We have named the boy as Wu Zong and as couple since then, leading a happy marital life with Wu Zong who is now 17 yrs old and studying in junior medicine. As husband and wife, respect each other values and discipline and keep the marriage relation intact without giving rise to differences of opinion. In other words, have developed a perfect understanding about each other and it is going well in spite of the fact that, we could not become parents of our own children. Q: That’s fine. And what about your personal interests? A: After choosing fashion designing as a career, this has become round the clock personal interest checking and looking for new styles, patterns wherever traveled and even in leisure hours draw sketches and work out on new fabrics. Apart from this, cooking along with my wife, has been one of the good interest that holds our relation together and also provides entertainment of new experiments in kitchen chemistry. Leisure hours include gardening work, reading magazines and watching television fashion show channel where lots of international fashion designers display a set of modeled dresses on a catwalk. Q: And do you mind telling me what languages you speak? A: English and French have been favorites for working atmosphere and even when visiting some of the western destinations for handling projects on behalf of company. Have gained proficiency in English and French although, pronunciation identifies me as a Malaysian. Most of family friends and colleagues are French and English speaking who extended a warm friendship in providing lots of practice of speaking and writing English and French way back in 1990s and in the course of time presently, find English and French much easier as compared to any other foreign language. Cantonese is spoken in Southern China and this language is confined to only to some parts of Asia, so as a home language speaking Cantonese is also an advantage as it is mostly commonly spoken in China, Hong Kong and Central Guangdong. 2. Q: Now could you tell me what secondary school you went to Mr. Wee? A: St. Francies Xavier at Melaka is one of the best schools for secondary education wherein had the privilege to study some of the best subjects and languages which have helped in establishment of career as fashion designer. School imparted and exercised discipline and shaping students character as one of the finest individuals reflecting in school’s reputation. Feel proud to be an ex-student of the school and have joined my son also in the same school who has also successfully completed education. School atmosphere is very lively and keeps the students under warmth and reciprocal nature. Q: Did you? And when did you sit for your SPM? A: Obtained Sijil Pelajaran Malaysia (SPM)certificate in the year 1976. SPM exam is taken at the age of 17 by most of the Malaysians. This exam is equivalent to British GCSE exam which will an opportunity for Malaysians to continue studies up to pre-university level. The subjects of SPM are to be appeared compulsorily and English paper is examined separately by National Examination Board. There were no extra tuitions for preparation of SPM and it was entirely self-made learning apart from school education. Q :Do you mind telling me your grades? A :Grades in school and in college education have been moderate ranging from A and B with a percentage of 60-69 gladly and there are no backlogs or failures in any subject. A constant scoring has been maintained all through the tenure of education. Q Fine. And what about your STPM examinations? What were your grades for these? A: Sijil Tinggi Persekolahan Malaysia (STPM) is a higher school certificate is set by Malaysian Examinations Council which is taken at the end of Form 6 and one of the most difficult pre-university examination. The subjects included were mathematics, general paper, art, biology, physics and chemistry. The overall grade awarded to me was B at the end of examination which was satisfactory giving a marks percentage of 60. In the year 1977 obtained certificate of STPM.

Emergency preparedness Essay Example for Free

Emergency preparedness Essay Emergency preparedness is a fine art, and the individuals responsible for the planning and preparedness of the emergency response procedures have an awesome responsibility to make sure that they have all the necessary equipment to provide for the people of the community that the hospital serves. If I were the Emergency Preparedness Coordinator for a 300-bed urban hospital, I would be stockpiling things like airway management supplies, batteries, generators, flashlights, gowns, gloves, masks, hazmat materials, post-mortem bags, and sterilization equipment. These items would help in the immediate short term when it comes to helping those in need. To also help in the crisis situation, I would purchase water treatment chemicals, water testing equipment, and washers and decontaminators. This equipment is in addition to the equipment and supplies I would already have on hand. I would also make sure I had various antibiotics on hand. For anthrax, I would make sure to have Ciprofloxacin, Doxycycline, and Amoxicillin on hand. For botulism, I would have antibiotics on hand for wound botulism, though antibiotics are ineffective for food borne botulism. If there were an attack of the plague, I would make sure to have streptomycin or gentamycin on hand. I would try to make sure I had antiviral drugs on hand for smallpox, though smallpox does not have a cure. The main way that funding is received is through the state governments. The state governments get the federal funding and then disburse it to the local levels. I would also apply for grants in order to maximize funding to purchase what I needed for my hospital. With the cuts in federal funding, and the rise in prices, the emergency preparedness director’s job gets more difficult. With time and patience, the goal of protecting the public can be accomplished with efficacy and compassion. References Centers for Disease Control and Prevention, (2009). Anthrax: Treatment. Retrieved March 8, 2009, from Centers for Disease Control and Prevention Web site: http://www. bt. cdc. gov/agent/anthrax/treatment Centers for Disease Control and Prevention, (2009). Bioterrorism Agents/Diseases. Retrieved March 8, 2009, from Centers for Disease Control and Prevention Web site: http://www. bt. cdc. gov/agent/agentlist-category. asp Chan-Tack, K (2009). Botulism: treatment and medication. Retrieved March 8, 2009, from Emedicine Web site: http://emedicine. medscape. com/article/213311-treatment McGill, (2009). Treatment. Retrieved March 8, 2009, from Plague Web site: http://sprojects. mmi. mcgill. ca/tropmed/diase/plauge/treatment. html Medline, (2009). Retrieved March 8, 2009, from Medline Industries Web site: http://www. medline. com/AcuteCare/hospitals. asp National Association of County and City Health Officials, (2007). Federal funding for public health emergency preparedness. Retrieved March 8, 2009, from naccho. org Web site: http://www. naccho. org/press/releases/upload/SurveyReport_Final. pdf WebMD, (2007 Jan 31). Smallpox. Retrieved March 8, 2009, from WebMD Web site: http://www. webmd. com/a-to-z-guides/smallpox-treatment-overview? print=true

Advantages and disadvantages of domestic and international franchising

Advantages and disadvantages of domestic and international franchising Introduction Buying a Franchise offers many benefits over starting a business on your own. The franchisees benefit from the training and ongoing support that they receive whilst trying to make their business successful. People starting a business on their own often have no help or guidance in the day to day running of the business! The franchisees receive guidance on location, fixtures and fittings, marketing and operation of the business model. This guidance is based on years of experience the franchiser has gained not only from running the business model but also from advising other franchisees. Buying a franchise business is at least a five year commitment and as such should not be taken lightly. It is important to make the right lifestyle choice rather than basing the decision to buy purely on profitability of the business model. A prospective franchisee should always look at the market trends to ascertain whether the need and requirements of the products of the franchise opportunity are predicted to grow or decline over the medium and long term. Getting advice from an experienced accountant can help in this respect. What makes the franchisers products better than the competition? Is the franchisor continually investing in improving the products to reflect changes in latest trends and requirements of the customers? Analysing which products have been changed and new ones introduced over the last five years will help in this regard. The territory is just as important as the franchise model. Not all franchises work in all territories as each area has their demographics and buying patterns. Decent knowledge of the local area is invaluable and the choice of which type of franchise business to buy should be made with regards to this information. Making the right choice of franchise that is based on individual skills as well as the individual requirements of each particular territory should serve to ensure that the business model works both in the short term and the long term International Franchising International franchising refers to a domestic businesss expansion into foreign countries and markets. International franchising is a complex process that requires thorough considerations of many factors, such as feasibility, adaptability, and benefits versus risks. Replication: During the process of international franchising, companies often strive to replicate successful domestic business models in foreign markets. Challenge: Differences in language, laws and financial systems, between franchising business and host foreign market can pose serious challenges during international expansion. Benefits: International franchising means new markets with new customers and selling potentials. International franchising also places companys name and presence in a global market. Adaptability: learning to adapt to the needs and demands of a new foreign market can attract local customers and buyers and lead to higher business success in a new country. Counsel: International franchising experts help companies understand a foreign market before expansion. Consultants advise businesses on a number of subjects, from financing to culture gaps. Advantages: There is a higher likelihood of success since a proven business formula is in place. The products, services, and business operations have already been established. Bankers usually look at successful franchise chains as having a lower risk of repayment default and are more likely to loan money based on that premise. The corporate image and brand awareness is already recognized. Consumers are generally more comfortable purchasing items they are familiar with and working with companies they know and trust. Franchise companies usually provide extensive training and support to their franchisees in effort to help them succeed. Many times products and services are advertised at a local and national level by the main franchise companies. This practice helps boost sales for all franchisees, but individual franchisees dont absorb the cost. Disadvantages: Franchises can be costly to implement. Also, many franchises charge ongoing royalties cutting into the profits of franchisees. Franchisors usually require franchisees to follow their operations manual to a tee in order to ensure consistency. This limits any creativity on the part of the franchisee. Franchisees must be very good at following directions in order to maintain the image and level of service already established. If the franchisee is not capable of running a quality business or does not have proper funding, this could curtail success. Sometimes franchisors may be lax on their commitment to support the franchisee. Also, they may make poor decisions that would have an ill effect on the franchisee. Therefore, it is important to research any franchise concept thoroughly before signing any agreements. Benefits on International Franchising Purchasing a franchise is one way for an entrepreneur to get started in business. Franchises offer a proven business model to follow as well as support in areas like financing and training. International franchises can provide the opportunity to take advantage of growing global markets, although the franchisee will need to overcome the hurdles associated with adapting to the ways of a new country. Cultural Adaptation Franchises provide the business owner with a full range of support services. This proves beneficial when it comes to adapting to the ways of a foreign country. The company can help you hire local management and workers who are familiar with the methods of doing business in the country, which can make the transition much smoother. Business Expansion If you already own an established franchise and are looking to expand, adding units in another country can provide a more profitable alternative to an already saturated market. This is particularly meaningful if you sell a product or service that is rather common in your home country. Cornering the Market You may even be fortunate enough to open a franchise in a country where there is little competition and there is a great need for your product or service. This will enable you to corner the market and possibly open several locations, establishing you as the leader in your business before the inevitable entrance of competitors occur. Change of Lifestyle Owning a franchise in another country can result in a new and exciting way of life. Franchisees from a cold climate may relish the opportunity to move to a warm, sunny locale to open a business. Some may also look forward to expanding their horizons by experiencing and assimilating into a new culture. Taking Advantage of Growth If current franchisees are experiencing slow business due to the home countrys stagnant economy, they can seek to open another unit in an area experiencing strong growth. Countries and areas exhibiting growth as of 2010 include China, Latin America and the Middle East. Advantages of international franchising Franchising is a unique form of business arrangement. The original company (called the franchisor) enters into a contract with a second business (called the franchisee) in which the original company offers the second business the right to operate under the original businesss name and the right to sell its product. The franchisor usually offers guidance and expertise to the franchisee. All of this is done for a fee, and though having a franchise isnt the same as starting a business from scratch, there are a number of advantages to the system. This is also true for international franchises. Reputation The major benefit of a franchise is that franchises reputation. If a franchise is well known for offering a certain type of product or service and a new branch of that franchise opens up locally, then people know roughly what to expect. For international franchises there are some additional issues of reputation to consider. For instance, the country of origin that the franchise comes from could be viewed as exotic, which will bring in additional business. Financing Franchises are viewed as a business plan thats already undergone a trial by fire and succeeded. Generally speaking, this makes them much easier to finance, as far as getting loans from banks is concerned. If a franchises reputation and success can be clearly shown, then the bank knows the franchisee has a much better chance of succeeding than he would if he were trying to start up a new and independent business. This is even truer for companies that are known internationally, which makes banks feel even more generous when it comes to assisting with business financing. Support Regardless of whether or not the franchisee sets up in the franchises hometown or on the other side of the world, an international franchise has the capability of extending support, advice and training to franchisees. The franchise offers training manuals, access to supply networks, advice and other forms of help to the franchisees. This is especially true where an international franchise is concerned, because every franchisee impacts the franchises reputation and reach. If all of the franchisees do well, then it will increase the franchises reputation, reach and even their brand recognition. Franchising primary benefit is risk minimization. Starting a new business is risky. Most studies show that over 90 percent fail within three years. The primary reason that the failure rate is so high is because the owners have to go through the learning curve of operating that specific type business. Franchising reduces that curve substantially. Another reason to buy a franchise is that a franchise investment can be thoroughly researched before any significant expenditure is made. Existing franchisees offer a wealth of information about the business so that new franchisees can try the business on before they buy to make sure its a good fit for them. Franchisers sell a defined, proven business format or method of operation, offering a product or service that has sold successfully. An independent business is based on both an untried idea and operation. The experience of the franchisers management team increases the potential for success. This experience is often conveyed through formal instruction and on-the-job training. Franchisees can often buy lower-cost goods and supplies through the franchiser, resulting from the group purchasing power of all the franchises. Established franchisers offer national or regional name recognition. While this may not be true with a new franchiser, the benefit of starting with one is the potential to grow as its business and name recognition grow. Franchising provides a uniform system of operation, so that consumers receive uniform quality, efficiently and cost-effectively. A uniform system brings with it the advantages of mass purchasing power, brand identification, and customer loyalty, capitalizing on the proven format. A franchiser also provides management assistance, including accounting procedures, personnel and facility management. An individual with experience in these areas may not be familiar with how to apply them in a new business. The franchiser helps a franchisee overcome this lack of experience. Franchisors help franchisees develop a business plan. Many elements of the plan are standard operating procedures established by the franchisor. The most difficult part of a new business is its start-up, since even experienced managers lack the knowledge to set up a new business. One of the biggest benefits to franchising is marketing. The franchiser can prepare and pay for the development of professional advertising campaigns. Regional or national marketing done by the franchiser benefits all franchisees. In addition, the franchiser can provide advice about how to develop effective marketing programs for a local area through a cooperative marketing fund, to which the franchisees contribute a percentage of their gross income. Its possible to receive assistance in financing a new franchise through the franchiser, who often makes arrangements with a lending institution to lend money to a franchisee. The franchisee must still accept responsibility for the loan, but the franchisers involvement usually increases the likelihood that a loan will be approved. A franchiser also provides training for the franchisee. This is especially important if the concept is complex. The best training combines classroom or one-on-one training at the franchisers facility with field training at the franchisees place of business. Finally, franchising has found a solid economic niche that caters to specialized needs. Many American consumers no longer want a muffler installed by a service station, a hamburger from a diner, a pizza from someone who wont deliver it within 30 minutes or their hair cut by a local barber. Specialists, it seems, do it better, and the franchise industry is only too willing help. Once you become a franchisee and part of a franchise organization, What are your roles and responsibilities? Financial The first function you have in your new endeavour is as an investor into your business. You will need to invest financially with an initial franchising fee, but also be prepared to pay any additional costs that might be necessary to get the business up and running such as equipment costs. Also, there will be ongoing royalty fees that you will need to be aware of. Time Secondly, you will need to be sure that you can invest an adequate amount of time in the business. Although the system is basically set up in franchising, you will still need to initially spend extra time learning how the system works. The franchisor usually offers training and continuous support, hence the ongoing royalty payments. Like anything else, once you know the ins and outs of the system, the time investment decreases somewhat. Leadership and Partnership One of the most important skills you need to possess as a franchisee is the ability to be pro-active and take initiative. You should be able to easily assume a leadership role. You need to be certain that you understand how the entire system works and not be afraid to ask the franchisor questions. It is especially important to communicate with the franchisor anything that you notice that doesnt seem right to you. After all, you are basically assuming a partnership role with the franchisor. Therefore, you should be able to work together, share ideas, and resolve issues together. You may notice something that the franchisor was not aware of since you are much closer to the business. The franchisor would probably appreciate your bringing concerns or discrepancies to the table, especially if you offer possible solutions. Communication With all of the responsibilities that the franchisee holds, communication and organizational skills are key skills to possess as a franchisee. As mentioned, it is important to keep in close communication with your franchisor. In addition, you will need to be able to communicate effectively with your customers, employees, vendors, and other business contacts. Furthermore, it can be quite beneficial to team up with other franchisees on a regular basis. It can help you run your business more smoothly if you share ideas and solutions to problems experienced with others in the same capacity. Organization In your role as franchisee, you should be prepared to wear many hats. In operating the business, you will most likely have to manage all the daily operations involved in operating a business, including ordering supplies, meeting with customers and vendors, preparing payroll, resolving discrepancies, etc. These are just a few of your sub-roles depending on the type of business you are running. It is essential to be able to organize all of your responsibilities so that everything gets done accurately and in a timely manner. In conclusion, as long as you understand your role as a franchisee and make every effort to carry it out thoroughly, you should be able to manage a successful franchise.