Law And Contract Resit Case Study Example | Topics and Well Written Essays - 1250 words

Law And Contract Resit - Case Study Example In this case four issues arise and these are noise and vibrations disturbing Pub's customer, Bloggs & Co Builders used the student car park to the jib of a crane, construction vehicles are constantly blocking the entrance of Public house owner and they work continues on site Saturday and Sunday mornings as a result the pub manager was disturbed.Winfield and Jolowicz defence private nuisance as an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection, with it. This principle is neatly encapsulated in the words of Lord Wright in Sedleigh-Denfield v Callaghan1, where he said that a balance has to be maintained between the right of the occupier to do what he likes with his own and the right of his neighbour not to be interfered with. From it is implicit that as between neighbours, some measure of interference with the use and enjoyment of each other's land is permissible.The test is one of 'reasonable user' balancing the interest of defendan ts to use their land as legally permitted against the conflicting interest of claimants to have quite enjoyment of their land. It is a not a test of reasonable care. In Rapier v London Tramways Co2 held that it is no defence to prove that the defendant had taken all reasonable care to prevent the nuisance occurring. The Court will look at the result of defendant's conduct. In Cambridge Water v Eastern Counties Leather3, it was held that if the user is reasonable the defendant is not be liable for consequent to his neighbour's enjoyment of his land. In order to be able to sue for a Private nuisance, the claimant must have a proprietary interest in the land affected. In Malone v Laskey4 and Hunter v Canary Wharf Ltd5 it was held that landowners and tenants have right to bring an action but excludes mere licensee. So from the fact of the question it can be said pub owner and owners of public house and Birmingham City University may bring an action under private nuisance. But in question it is not clear whether pub manager was owner, tenant or license of the premises. However the location is an important factor. The locality in which the claimant's premises are situated is a second factor which assists the Courts in determining whether the interference complained of is sufficiently substantial to amount to a nuisance. The expectations of a claimant, in terms of comfort, peace and quiet, will naturally vary according to the location of his house or business. The point was succinctly made in Sturges v Bridgeman6, in which case a physician complained about the noise generated by a neighbouring confectioner who was operating a pestle and motor. Thesinger LJ stated that what would be a nuisance in Belgrave Square would not necessarily be so according to the area in which it occurs. The emission of smoke from a factory would not be considered a nuisance in an industrial estate, but would be likely to be found to be a nuisance in a largely residential area. In Gillingham BC v Medway (Chatham) Dock Co. Ltd7 held that a good example is the transformation of the London docklands from an industrial area to a now exclusive residential development. In this case it was held that planning permission which had been granted to change the use of an old naval dockward into commercial port should be taken into have effective a change in the character of the neighbourhood. The Court held that planning permission is not enough by itself to change the nature of the locality, although this may occur as a matter of fact due to investment in the area. The CA took the view in Wheeler v JJ Saunder Ltd8

Healthy Cell Phone Essay Example for Free

Healthy Cell Phone Essay Teenagers and The Over Use of Cell Phones The use of cell phones should be banned for teenagers. Similar to the legal age of purchasing alcohol and tobacco, the same law should be enforced when it comes to the use of cell phones among teenagers. Although the thought of this may sound insane to most adolescence, it maybe the solution to limiting and promoting healthy cell phone use amongst todays youth. The following solution would also be in their best interest without them even realizing it. The over use of cell phones by teenagers will have a negative effect on their academic, social, and mental development. Teenagers who use their cellphones very often will have their academic progress negatively affected due to being distracted. It is not a rare occurrence for teenagers to have their phones with them while they are in class, but that is mainly because many of them do not realize the impact it is having on their grades. Researchers, Christian M. End, Shaye Worthman, Mary Bridget Matthews, and Katharina Wetterau at Xavier University did a study about the impact of cell phone rings on academic performance. After completing the study they said, Findings indicated that cell phone rings during a video presentation impaired academic performance. Specifically, participants in the ringing condition performed worse on disrupted test items and were less likely to have recorded pertinent test information (End, Worthman, Matthews, Wetterau, 2010, p. 55-57). The study shows that Just the ringer on a cell phone alone can have an impact on how a student takes notes. However, not everyone thinks that cell phones are a bad idea. Authors Kevin Thomas and Blanche Obannon wrote an article titled Cell Phones In The Classroom: Preservice Teachers Perceptions, which talks about cell phone use in the class room and how it would be beneficial to students. Mentioning that by 201 5 two-thirds of all suggest that this can be a positive thing with the use of tools provided by cell phones for content creation, student centered learning, authentic learning, differentiation of instruction, assessment, and reflection (Thomas ; Obannon, 2013). Given that cell phones can be used as a tool to better educate; it still would not be a good idea because studies prove that a ringer alone can distract a student. Also that text messages and social media cites such a Facebook and Twitter will also be a distraction away from school work. If students were openly able to utilize their cell hones while in class this would cause a distraction and decrease in their grades. A teenager who pays more attention to their phone while in school can cause them to not be academically successful. When a teenager depends solely on communicating through their cell phone it will cause them to have a difficult time with face-to-face interactions. Many teens would prefer to send a text message or make a phone call to their friend in the next room rather than Just walking over and talking to them. Not only does this encourage laziness but it also affects their social skills. An Article in the Washington Post by Masuma Ahuja called Teens are spending more time consuming social media, on mobile devices, which talks about teens spending a long amount of time on social media and how it effects their social skills. Ahuja says, Teens spend so much time interacting with each other on social networks and phones that they are growing less comfortable with in-person interactions and not developing essential social skills (Ahuja, 2013). It is clear that teenagers who prefer talking on a cell phone, sending a Facebook message or sending a text message are more likely to have trouble in a social setting. Cell phones have also made a great impact with the way families interact with one another. It causes teenagers to subconsciously disrespect their parents by using their cellphones while at the dinner table or picking up a phone call while being spoken to by their parents. An article called The Cell Phone as an Agent of Social Change written by Abu Sadat Nurulla from the University of Alberta talks about the effect that cellphones have on the way youth interact with family and their peers. Nurulla says that cell phones cannot solve ongoing child and parent communication issues, such as quality and flow of communication (Nurulla, p. 1). Although a teenager having a cell phone may help with keeping in touch with their parents for emergencies, but it does not otherwise benefit the relationship due. Teenagers seem to not be aware of the effect of being overly indulged with communicating on cell phones; it can seriously hinder their ability to socialize because they are use to sitting behind a phone. Teenagers over dependence and use of their cell phone can lead to depression. Something as minor as falling asleep with their phone beside them can cause lack of sleep due to the phone going off in the middle of the night, which will cause lack of leep and could lead to the teenager having a bad day. An article called How Mobile Phones Affect Sleep in the Huffington Post talks about how mobile phones affect a good nights sleep, while making reference to a study funded by a major mobile phone maker. It says, People exposed to major radiation took longer to fall asleep and spent less time in deep sleep (Huffington Post, 2013). So it is clear that cell phones can be linked to teens not sleeping well at night. Also in the Medical Post an about a study done to link the over use of cell phones by teen to depression. The tudy showed that compared to teens in the lower scoring group than the group of adolescence that used their phones more often had significantly higher scores in the depression inventory scale and interpersonal anxiety scale, as well as scoring low on the self-esteem scale (Hodges, 2006). These results reflect that teenagers are very likely to suffer from depression if they continue to spend too much time in their cell phones. Depression and lack of sleep will lead to severe mental issues if not sustained at an early stage. Youth today are overly dependent on cell phones. So dependent that many of hem seem to be out of touch with reality. Due to the mental, social, and academic effects of cell phones, teenagers are being sent down the wrong path. These three aspects are very important to human development as a whole. They are more critical at the adolescent stage, where teenagers should be attempting to reach their full potential without the distraction of cell phones. A teenager should be able to sleep well in order to go to school, be attentive, and be able to socialize with their peers and teachers without the interruption of receiving a text message or a phone call.

Personal Reflection: Experience that Changed Responsibility

Personal Reflection: Experience that Changed Responsibility Personal experience that impacted a change in my personal responsibility Growing up, I have found my adolescent age very interesting and easy all the while. This is because of the care and love I received from my parents. The story changed when I was 12, I was enrolled into a boarding school where I was a bit separated from my parents and siblings. Even though that was painful, but it was a necessary separation that launched me to the life of independence and self-sustainability as I grew up. It was rather challenging because all of what it came with was entirely new to me for me to come to cope with. On September 2000, when I was introduced to the system, on resumption day I felt the world has just ended for me. I was assigned a space in the hostel where I am expected to Keep and care for my things amidst strangers who later became my friends. I never knew how to put my things in shape, I never knew how to care for my laundries, how to wake up early and follow stipulated programs, it was all terrific for me under the promptings of the house master who never stopped till we get it the way they desired. All the memories of freedom I enjoyed at home kept on reverberating and leading me to deep nostalgia. But gradually, I started picking up one by one, step by step. I learnt a number of new things at space of time which my mates on regular non-broaden school could not learn. First of all, the sense of personal hygiene and cleanliness made a lasting impression on me because of our house masters who are meant to teach by doing it themselves as we observe. They dress on white on daily basis as we equally do. The use of white fabrics is very difficult to maintain but on daily bases we put on day dresses. A white shirt, upon a white singlet with white underwear and trousers. We were meant to have three pairs and wash them whenever they get stained they were daily dressing code, we were meant to take care of them properly, else we attract punishments. It was so difficult going through it in my adolescent. I found it painful then but looking back on how it has helped me, I remained grateful of the training. The hardest part of the training for me was waking up as early as 5 a.m and going to bed buy 20:30 p.m. it was the daily   regulation, it was hard to comprehend but looking at how the older students have gotten to coped with it made it easier for us to queue in. we had fixed times for studiers and no one was exempted apart from grave circumstances like health issues. The regulations were followed strictly but it gave me a platform for being punctual, committed to my duties and faithful to appointments, it also made me to learn how to be faithful; to meal regulations of 7,1,7.   We go for preps twice daily on weekdays and once over the weekend. One of the difficulties was being disposed to study when it is the time according to the regulation. It made no sense to me then. Gradually I learnt how to be disposed and take real control of my disposition. We take our meals of fixed times; breakfast at 7a.m, lunch at 1p.m and super at 7p.m. The eating habit I maintain today was from the training I gained from my school. Base on feeding, we were prohibited from eating in-between meals especially at night. During the day we do take snacks during recreation times. I got my table manners from the school. I never knew much about it prior to the training. Average Nigerian families do not eat together in dining rooms but separately. I learnt how to combine the fork and knife in eating at table, and all of those things made no meaning to me initially until I have the opportunity to mingle with people with high reputation. One other thing I will ever be thankful about is the painful training I got was on how to handle pocket money. Every individual was not expected to keep more than N,5000,   yet we mere expected not to borrow, or call for financial assistance due to lack apart from extreme cases of incurred health bills. It was really difficult for some who have been exposed to wild spending manner and it curtailed living above ones means. I appreciate the training, although it was painful, discipline in no measure is not, but it shapes my ability to fit in and compete favorably with others. These are the experiences that shaped me and got me prepared by launching me into adulthood with a sense of independence and self-sustainability.

Exporting Purell Hand Sanitize Essay -- essays research papers fc

EXECUTIVE SUMMARY This report analyzes the possibility of taking Purell Instant Hand Sanitizer, a product of GOJO Industries, into the Indian market. Purell Must Gain Greater Market Share Purell Instant Hand Sanitizer is a portable hand washing solution that cleanses hands without the need for soap and water. In 1997, GOJO Industries entered Purell Instant Hand Sanitizer into retail sale, and the American public embraced the product. However, as large US Competitors have entered the hand sanitizer industry, which is now worth over $400 million every year, Purell’s market share is diminishing. Although still the market leader in the industry, GOJO must fight for revenue opportunities. One way to do that is to take Purell into international markets. India Provides an Opportunity Possible Barriers GOJO must consider possible barriers to Purell’s entrance into Indian markets. These barriers include: Recommendation Extensive research provides evidence that marketing Purell Instant Hand Sanitizer in India would be mutually beneficial to GOJO Industries and the people of India. Report Overview Statement of Purpose The purpose of this report is to recommend marketing GOJO Industries’ product, Purell Instant Hand Sanitizer, in India. Penetrating the Indian market would be mutually beneficial for both GOJO and India. Product Purell Instant Hand Sanitizer is a portable supplement to routine hand washing. Although 80 percent of disease is spread by contact with the hands, Purell kills 99.9 percent of most common germs. Therefore, Purell is and effective tool that promotes proper health and prevents the spread of disease. In 1997, GOJO Industries, a privately owned company, introduced its hand sanitizer for retail sale. Since then, the hand sanitizer industry has exploded in the US to and industry worth $400 million per year. Many public competitors such as Dial and Colgate have entered the market. These larger competitors maintain extensive advertising budgets, which are being used to increase their respective market shares in the hand sanitizer industry. Although GOJO’s Purell brand remains the market leader, its share of the market has fallen to 39.4 percent from its initial market domination of 100 percent. (FT1) Therefore, to increase its sales revenues, GOJO needs to introduce Purell internationally. India ... ...rs. Political pressure for protectionism remains, and moves to cut more sensitive tariffs have been halted. Some exports are subject to licensing, while some items consumed domestically, such as tea, are subject to quota restrictions. Only a few items, such as tropical wood and beef, are banned for export. Bibliography “Company Background.'; Online. GOJO Industries, Inc. Available: http://www.gojo.com/history.html. March 20, 1999. “FAQ.'; Online. GOJO Industries, Inc. Available: http://www.purell.com/faq. March 20, 1999. Hardin, Angela Y. 1998. “GOJO: Getting a Handle on its Purell Market.'; Crain’s Cleveland Business, June 22, 6. “Lexis ®-Nexis ®.'; Online. UNC-CH Electronic Indexes and Databases. Available: http://library.unc.edu/htbin/build_ER_frame?http://web.lexis-nexis.com/universe. April 12, 1999. Nones, Rachelle. 1998. “It’s Germ Warfare for Hand Sanitizers.'; Supermarket News. May 4, 170. Nones, Rachelle. 1998. “Retailers Experiment with hand Sanitizers.'; Supermarket News. May 4, 170. “Purell.'; Online. GOJO Industries, Inc. Available: http://www.purell.com/. March 20, 1999.

Circuit City Essay

1). Which of the three approaches to accounting for extended warranty and service contracts is most consistent with the actual substance of a sales transaction involving equipment and an extended warranty contract? Approach number one, the Full revenue recognition is the most consistent due to the reasons which are demonstrated on exhibit two according to the Financial Accounting concept No.5. As stated in this exhibit, Revenues must be both realized and earned prior to the recognition. In this case, after selling the goods and services Circuit city at that point of sale both revenue and earnings have been realized because goods have exchanged hands. At this point of time, even though the cost services haven’t been used, there is a clear agreement and assurance that the necessary services will be rendered during the period of the warranty Further in exhibit 2 it states four key components which justifies that the Full Revenue Approach is the best match of the sale of product a nd extended warranty because at the time of sale an entity will be considered to have substantially completed the earning process if: 1). It incurs the selling cost 2). It has established service network, which is there for the most part to provide the customers with the service associated with the manufacturer’s warranty. 3). Relatively few customers call for service during the extended period 4). Estimates can be made with relative certainty as to future costs to be incurred under the extended warranty. Under these facts, Circuit city had met all the qualifications to report their revenues as they did. The system was in place and the reporting of revenues didn’t seem to have any discrepancies. The information users (Share holders) seem to be happy with the results. Concurrently the profitability of the company as a whole appears to be fully maximized. 2).Why is this revenue reporting strategy is an issue to Circuit stores Inc? There is couple of reasons why senior vice president Michael Chalifoux is concerned: 1). He is concerned because if the proposed accounting reporting method goes to effect, there will be a delay on full rec ognition of revenue and income until the exhaustion of the warranty which will result lower income reported. Lower revenue reports do not reflect well on businesses especially when they had previously shown signs of growth. The reasons might be understood internally, but not externally. 2). Vice president is also concerned about the negative impact  on shareholder’s equity which would be significant in the merchandising industry. By showing low revenue earnings, some of the big companies who act as suppliers might be hesitant to do business with Circuit City because the chain might not be able to move their product as fast they anticipated. Such a change will cause a major loss of revenue which might cause the chain to gout of business. 3). If the company starts to show low income earnings, that change might cause second thought for the investors. Such suspicions cause investors not to invest in the business with confidence. Such a shift drives the stock market prices which may force the company to sell its shares at a lower cost. 3). What would be the effects on Circuit City stores financial statements if FASB requires them to change accounting for extended warranty and product maintenance contracts? 1). There will be definitely a change on reported revenue which is going to be lower that if the company had continued to report as previously. The change might cause a shake up within the company accounting department and the share holders, however it is my strong feeling that things will level out eventually. Even though sometimes change is difficult, Michael Chalifoux needs to have a very clear communication with the shareholders and the internal associates so they know what impact will the change bring. 4).What would Michael Chalifoux do? If the strategies of reporting are in place and there is no bleach of financial reporting in any way, shape or form, Michael does not have to change and adopt the new proposed reporting strategy. On the other side, if Circuit city is under the direction of FASB as a business entity, it is subject to the rules and regulations thereof. If it comes down to that FASB requires the reporting system to be changes, the vice president should do as proposed. In the long run it will be beneficial for the company public image. If the company goes to approach #2 which is full deferral of revenue, it will take couple years and things will level back again.

Filibuster Rules in the U.S. Senate

Filibuster Rules in the U.S. Senate A filibuster is a tactic used in the U.S. Senate to delay votes on controversial legislation or stifle debate on a topic. Typically, a senator wishing to filibuster will ask to speak on the floor of the chamber and, in an attempt to stall legislation action, hold forth for hours at a time. There are few rules that govern a filibuster because the Senate believes its members have the right to speak as long as they want on any issue.   The filibuster dates to the early 1800s. The record  for the longest filibuster is held by  the late U.S. Sen. Strom Thurmond of South Carolina, who spoke for 24 hours and 18 minutes against the Civil Rights Act of 1957, according to U.S. Senate records. In the modern era,  Republican U.S. Sen. Rand Paul of Kentucky staged a daylong filibuster in 2013 that captivated conservatives and libertarians as well as the national news media. Critics call the filibuster unconstitutional at worst and unfair at best. Others believe it to be a  historical relic. Practitioners of the filibuster insist that it protects the rights of the minority against the tyranny of the majority. By their nature, filibusters are meant to draw attention to a specific issues and have the potential to inspire compromise. According to the U.S. Senate, the word filibuster comes from a Dutch word meaning pirate and was first used more than 150 years ago to describe efforts to hold the Senate floor in order to prevent action on a bill. One Way to Break a Filibuster Filibusters rules allow the delay tactic to go on for hours or even days. The only way to force the end of a filibuster is through parliamentary procedure known as  cloture, or Rule 22, which was adopted in 1917.  Once cloture is used, debate is limited to 30 additional hours of debate on the given topic. Sixty members of the 100-member Senate must vote for cloture to stop a filibuster.  At least 16 members of the Senate must sign a cloture motion or petition that states: We, the undersigned Senators, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, hereby move to bring to a close the debate upon (the matter in question). Important Dates in the History of the Filibuster ​Heres a look at some of the most important moments in the history of the filibuster and cloture. 1806:  The U.S. Senate amends its rulebook in a way that unwittingly allows a member or members to stall action by speaking for hours on end. The Senate, acting at the request of Vice President Aaron Burr, eliminated a provision called the previous question rule that allowed the chamber to cut off floor debate. Without such a measure in place, a senator was permitted to speak indefinitely, paving the way for the filibuster.1841: Henry Clay  threatens to change the Senates  filibuster rules to allow the majority to close debate when Democrats blocked a bank bill.1872: Vice President Schuyler Colfax rules that under the practice of the Senate the presiding officer could not restrain a Senator in remarks which the Senator considers pertinent to the pending issue.1919: First use of Rule 22 when Senate invoked cloture to end debate against the Treaty of Versailles.1935: Populist U.S. Sen. Huey Long of Louisiana filibusters  for 15 hours and 30 minutes trying, without success, to k eep Senate oversight of National Recovery Administrations senior employees. How was he able to speak so long? He recited  Shakespeare and read recipes for pot-likkers, a Southern term for the  broth created by cooking greens. 1957: U.S. Sen.  Strom Thurmond  of South Carolina filibusters  for a record 24 hours and 18 minutes as part of a move that successfully blocked the Civil Rights Act of 1957.1964: U.S. Sen.  Robert Byrd of West Virginia filibusters  for 14 hours and 13 minutes in an unsuccessful attempt to block the Civil Rights Act of 1964.1968: The Abe Fortas appointment to succeed Earl Warren as Chief Justice of the Supreme Court is  derailed by Republicans through filibuster.2013:  Republican U.S. Sen. Rand Paul of Kentucky filibusters for nearly 13 hours  to question and raise awareness of the U.S. governments use of drones. It is the  ninth-longest filibuster in history.  I will speak until I can no longer speak, he said.  Paul ended his filibuster because he had to go to the bathroom. [This articled was updated in May  2018 by Tom Murse.]