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Sunday, December 29, 2019

Sexual Assault, Sexual, And Sexual Aggression - 1381 Words

Often, when we talk about the oppression of women, we automatically focus our attention to other regions of the world where women are stereotyped for being oppressed by men. In these regions, the topic of women’s oppression has been exploited and hyperbolized by the modern-day media. Therefore, we ignore the difficulties that women in the north American region face daily. This situation is furthermore exacerbated when it involves topics such as sexual assault, intimate partner violence and rape. Statistics shows that one in four women who reside in North America will be raped in their lifetime (â€Å"Sexual assault and rape statistics, Canada,† n.d.). The country in North America that I will focus my research on is Canada. Sexual violence Rape†¦show more content†¦This goes to show how quick the society is to shame a crime victim, rather than find and lawfully punish the criminal. The Slutwalk movement is a women’s movement whose goal is to challenge and end society’s way of trying to explain and lessen the severity of rape by calling into question the victim’s mode of dressing, location and other factors that shouldn’t even matter. Created and organized by Heather Jarvis and Sonya Barnett, Slutwalk began on the streets of Toronto, Canada in the year 2011. (Mendes Macmillan, 2015) The idea to organize this march came as a result of a law enforcement-agent’s advice to students from York University that â€Å"women should avoid dressing like sluts in order not to be victimized.† This officer indirectly buttressed the longstanding myth that women who dress sexy are indirectly seeking attention from men and therefore, it is okay to blame them if they eventually get sexually assaulted. (â€Å"SlutWalk,† 2011). Ever since 2011, Heather Jarvis and Sonya Barnett have witnessed several slutwalks around the globe, and these walks have successfully led many to have a rethink about the usage of the wo rd â€Å"slut† when describing women, and the implications it can have on a rape victim. Another goal of the Slutwalk movement is to reclaim the word slut, and bear it proudly. The idea behind this is: since women who have been rape victims are disrespected by the society,Show MoreRelatedSexual Assault And Sexual Aggression1730 Words   |  7 PagesNot a day goes by where we don’t see or hear about a story of sexual assault; whether it be on the news, someone we know personally, or a story we see on social media. Sexual assault is any unwanted sexual act against a person or without a person’s consent. Sexual assault refers to any sexual, physical, verbal or visual act that is forced upon a person. â€Å"Every 107 seconds, another American is sexually assaulted. This is an average of 293,000 victims each year† (Statistics). The culture in the UnitedRead MoreSexual Assault And Sexual Aggression931 Words   |  4 PagesThe definition of sexual assault is often blurred in today’s society, as the rate of these cases increases rapidly this simple definition seems as if it should be known. In reality defining a specific event or act as sexual assault can be very difficult because of the many situations and different accusations that arise throughout the large number of complicated cases. To reduce the number of these sometimes gruesome cases, there needs to be a goal to look toward while working to reduce this crimeRead MoreSexual Assault And Sexual Aggression2279 Words   |  10 PagesSexual assault is a board term that is a wide-range of sexual victimization, including rape. Sexual assault deals with being forced into any sexual acts that the person disagrees upon. Sexual assault will occur when the abuser makes sexual passes or without penetration. The action maybe physical force or psychological intimidation. The touching of a person’s sexual or intimate parts are sexual advances. Children who are in the middle stage of their child hood are developing the skill of self-evaluationRead MoreEssay on Sexual Victimizat ion of Women1160 Words   |  5 PagesAccording to a statement addressing the sexual victimization of college women The Crime and Victimization in America states that, â€Å" One out of four women will be sexually assaulted on a college campus.† This disturbing fact has not minimized throughout the years, instead it is continuing to worsen throughout college campuses. Sexual assault is not an act to be taken lightly. Society must stop pinpointing the individuals who commit these crimes one by one, but rather look at the problem as a wholeRead MoreSexual Assault Essay examples1113 Words   |  5 PagesSexual Assault described in technical terms is defined as any sort of sexual activity between two or more people in which one of the people involved is involved against his or her will. (3) The description of against his or her will extends to varying degrees of aggression, ranging from indirect pressure to a direct physical attack. While sexual assaults are associated with the crime of rape, it may cover assaults which would not be considered rape. What constitutes a sexual assault is determinedRead MoreThe Rape Of Sexual Violence1642 Words   |  7 Pagesstatistic is only from victims who come forward (Victims of Sexual Violence: Statistics†). The problem in America today is the â€Å"Rape Culture† in which we live. A Rape Culture is defined as a â€Å"rape prevalent society in which sexual violence is normalized and excused through pop culture and media† (â€Å"Southern Connecticut State University†). American music, movies, and TV shows often show women enjoying rough sex and violent men taking their aggressions out on women—all while implying to viewers that this behaviorRead MoreRape And Social Development Programs1519 Words   |  7 Pagesdefined as ‘the act of sexual intercourse committed by a man with a woman not his wife and without her consent’ (Anderson, 1997). In Canada, â€Å"rape was taken out of the Criminal Code and replaced with â€Å"sexual assault†. Sexual assault in Canada does not have a definitive definition rather just assault that is sexual in nature. It is also split into three different levels of charges: Common, weapon/bodily harm, and aggravated (Depending on the severity of bodily harm). The sexual portion is just anythingRead MoreThe Connection Between Substance Abuse and Sexual Assault Essay2277 Words   |  10 Pagesbetween substance abuse and sexual assault. In Canada, sexual assault and rape are far more prevalent than many people know and/or want to admit. This paper will be looking at sexual aggression along with three different populations of sex offenders and the co rrelation with substance abuse. These populations of sex offenders include: adolescents, college and university students, and adults (other than students). Before exploring sexual aggression and sexual assault, the following are some statisticsRead MoreMeasuring Sexual Aggression Perpetration Of College Men Essay1160 Words   |  5 PagesMeasuring Sexual Aggression Perpetration in College Men: A Comparison of Two Measures Maria Testa, Joseph H. Hoffman, Joseph F. Lucke, and Colleen E. Pagnan University at Buffalo 2014 Manal Abdelshahed This study designed to measure of the sexual aggression using the self report measures. This study was designed to compare rates of self reported sexual aggression perpetration among college freshman males obtained using two different measures and a version of the Sexual Experiences Survey and theRead MoreEssay about Drinking Alcohol Causes Sexual Assault1305 Words   |  6 PagesDrinking Alcohol Causes Sexual Assault There is a definite correlation between alcohol and sexual assault. A sexual assault can be defined as a sexual act occurring without verbal consent, or when force is used in a sexual encounter against the other persons will. Of all the men who admit to committing sexual assault, 55% report being under the influence of alcohol at the time, with 26% of the men being drunk (Stanford University, 1999). Of all the women who report being sexually assaulted

Saturday, December 21, 2019

Barriers to Effective Communication - 1727 Words

Barriers to Effective Communication Kevin Borem CJA/304 November 2, 2011 Fred Staedel Barriers to Effective Communication Communication is a way of life for sociable organisms on earth. There are many forms of communication and several are used without saying a word or making a sound. With the types of communication in the world, communicating effectively may seem an unlikely idea. Effective communication between two individuals or more is dependable on the way the message from the sender has encoded the information. Effective communication insists that information sent should be received and retransmitted back to the sender without any loss in translation. To understand communication, it must first be broken down so that each†¦show more content†¦This is a disadvantage because, somewhere along the line communication may be broken and the original message lost. Another disadvantage is that â€Å"formal routes usually require a written record, which may further restrict the flow of information because many people hesitate to put their thoughts or ideas in writing† (Wallace Roberson, 2009, p. 18). A third disadvantage that Wallace and Roberson stated would be the inability of this form of communication to respond rapidly to changing situations. With these disadvantages one may think that formal communication should be abolished, but the formal communication channel provides unity, uniformity, and order within the police organizations (Wallace Roberson, 2009). The second type of communication channel is the informal channel. The informal channel of communication is a non-sanctioned form of communication within a criminal justice organization. Wallace and Roberson states that informal communication may be considered department gossip, information from unaccredited sources, or news heard through the grapevine. The informal channel is used to pass information quickly if time is a factor within a specific situation. Although there is two channels of communication, both channels are needed so that cases, problems, or simple communicating may continue (Wallace Roberson, 2009). With the two channels of communication, there is also certain directions information is passed. Upward, downward,Show MoreRelatedBarriers to Effective Communication1654 Words   |  7 PagesBarriers to Effective Communications Everyone has experienced, at one time or another the frustration of feeling misunderstood and being unable to make ourselves understood by another person. Anything which, blocks the meaning of a communication, is a barrier to communication. Effective communication is like a house built one block at a time. First to build a house trust must be built; trust is not a group process it is created in one to one connections with each individual. Second, be bold andRead MoreBarriers to Effective Communication1620 Words   |  7 PagesBarriers to Effective Communication CJA304 In this paper, I will describe the process of communication as well as its components, describe the difference between listening and hearing, describe the formal and informal channels of communication, and suggest strategies that may be implemented to overcome communication barriers. Communication can be described as â€Å"a process involving several steps, among two or more persons, for the primary purpose of exchanging information† (WallaceRead MoreBarrier to Effective Communication1289 Words   |  6 PagesIn this paper I will be discussing the process of communication and its components discuss the difference between listening and hearing in communication, talk about the formal and informal channels of communication, talk about the different barriers to effective communication, and lastly discuss the strategies that may be implemented to overcome communication barriers. Communication is very crucial in the criminal justice system; it is the key element for success. From a rookie all the way up toRead MoreBarriers to Effective Communication690 Words   |  3 PagesbbBarriers to Effective Communication â€Å"Barriers are influencing factors which impede or breakdown the continuous communications loop. They block, distort, or alter the information. By identifying the barriers and applying countermeasures, team members can effectively communicate.† (Wallace and Roberson, 2009) Chapter four speaks of four obstacles that can prevent effective communication. Emotional barriers, physical barriers, semantic barriers, and ineffective listening all prevent effective communicationRead MoreBarriers to Effective Communication2391 Words   |  10 PagesBarriers to Great Communication There are seven types of Barriers to Communication. Many people think that communicating is easy. It is after all something we do all our lives. There is some truth in this view. Communicating is straightforward. What makes it complex, difficult, and frustrating are the barriers we put in the way. Physical barriers Physical barriers in the workplace include: marked out territories, empires and fiefdoms into which strangers are not allowed closed office doors, barrierRead MoreBarriers to Effective Communication1479 Words   |  6 Pages1 Barriers Barriers to Effective Communication Paper Robin Mravik Due Date: Monday October 10, 2011 CJA/304 Instructor: Janette Nichols 2 When it comes to communicating with people in our daily lives, there are many people that think there is just talking and listening to the other people in the communicating process. However, there is actually five step in the communication process; which are as follows: 1.) sending the message out to someone, 2.) sending the message through a mediumRead MoreEffective Communication And The Barriers Of Communication Essay1203 Words   |  5 Pagesstudy of effective communication and the barriers of communication is very important in the workplace in order for the company to be successful. Every person in the business will have to communicate in one form or another. The better the communication in the workplace the better the relationships with each other. In this article I will help you to understand the processes needed in order to have effective communication in the workplace. I will discuss the importance of effective communication, theRead MoreBarriers to Effective Communication2071 Words   |  9 PagesTable of Contents What barriers to effective communication do you detect in this case? 2 Perception barrier 2 Personal barrier 3 Information overload / Work overload 3 Gender barrier 4 Language barrier - Ambiguity 4 Is anyone wrong in this situation? By what other means could Randell have requested the information from Tom Ballard? What do you think of Tom Ballard’s reaction? Why? 6 Tom Ballard 6 Leigh Randall 7 While communicating information vertically up or down the organizationRead MoreBarriers to Effective Communication Essay1713 Words   |  7 Pagesbecause they are the managers those who do run the company and therefore they need to be excellent in dealing with people. However, when the issue of communication is discussed, it is understood that there are more than two people in communication. Moreover, as there would be a number of people working in organisations, there is a lot of communication among companies’ staff everyday. From this context, it can easily be inferred that the organisations’ employees should also be able to communicate effectivelyRead MoreBarriers to Effective Communication Essay1046 Words   |  5 Pagesb Barriers to Effective Communication University of Phoenix CJA/304 Barriers to Effective Communication Effective communication is a complex phenomenon that involves the verbal and nonverbal components in their cooperation. The main target of communicational process is transmission of information when the sending party wants the recipient to decode the message in the same way as it is coded. Nevertheless, the communicational process consists of the various components that may become the

Thursday, December 12, 2019

Strategic and Financial Decision Making Ace Printers PLC

Questions: 1. Determine which of the proposed pricing strategies would be most attractive to Ace Printers plc, using the following methods of capital investment appraisal:i) Net Present Valueii) Internal rate of Returniii) Accounting rate of return, based on average investmentIn addition, clearly explain the rationale for your answers and explain upon which methodology you would place most reliance when considering a capital investment project. You are not required to take account of taxation. 2. Beverly Margerison is interested in the capital investment appraisal calculations and mentions that when she was a student she can remember using the Capital Asset Pricing Module in order to calculate a suitable cost of capital for use in determining an appropriate discount factor. She also remembers that the cost of capital for a corporation relies upon the size of the companys beta factor.With this in mind she says to you, I am rather confused by beta as it seems to be rather random. I f I look at the beta for two well-known UK registered organisations such as Severn Trent plc and Taylor Wimpey plc, they are 0.77 and 1.23 respectively (Digitallook.com, accessed 29/01/15). How can it be possible that two such companies can have such different betas?You are required to provide a response discussing explicitly why the betas of the two companies (Severn Trent and Taylor Wimpey) may have such different beta factors and considering the implications of this difference.3. Provide a critical review of the comments made by Tom Sparkes, the HR Manager, and consider why the source of capital is an extremely important decision for a company and how it may impact upon its investment decisions? You should consider both theoretical and practical factors. 4. As Ace Printers plc is expanding quite rapidly it is considering growth strategies into the nearest large market of France. Peter Komakech favours acquiring a French competitor, whereas Beverly Margersion says, it would be far more sensible to grow organically and carefully.You are required to prepare a brief report for the management team providing a critical analysis of the above suggested strategies for growth. Answers: Introduction The current study will be focusing on studying the business process of Ace Printers Plc and strategies will be assessed that will help the company in generating expected return and market exposure. Further in the study, rationale of the study will be discussed for selection of any particular strategy. On the other hand, the reason behind the difference in betas of two companies, Severn Trent Plc and Taylor Wimpey Plc will be illustrated along with implications so that better result can be gained. A critical review will be made on the suggestion made by the HR manager of the company on source of capital. Moreover, importance of source of capital and its impact on investment decision will be described in brief manner. Lastly, strategies will be studied in relation to expand business in France. Task 1 Strategy 1 Strategy 2 Sales Price 12 11.5 Sales volume 80000 95000 Total Sales 960000 1092500 Increase in Sales Volume 3840 120175 Actual Sales Volume 963840 1212675 Variable Cost at 4.50 unit 360000 360000 at 0.10 unit 60384 85267.5 Fixed Cost 165000 165000 Cash Flow 378456 602407.5 I. Calculation of Net Present Value Year Strategy 1 Strategy 2 Cost of Capital (8.5%) Present Value of Cash Flow (Strategy 1) Present Value of Cash Flow (Strategy 2) 1 378456 602408 0.921 348557.976 554818 2 417551 653484 0.849 354500.799 554808 3 459563 708100 0.783 359837.829 554442 4 504385 766181 0.721 363661.585 552417 5 552140 827881 0.665 367173.1 550541 Total Present Value 1793731.289 2767025 Initial Investment 2250000 2250000 Net Present Value -456268.711 517025 II. Calculation of Internal Rate of Return Year 1 Strategy 1 (Cash Flow) Strategy 2 (Cash Flow) Cost of Capital (18%) Present Value of Cash Flow (Strategy 1) Present Value of Cash Flow (Strategy 2) 1 378456 602408 0.8475 320725.42 510515 2 417551 653484 0.7561 315728.54 494128 3 459563 708100 0.6086 279704.23 430972 4 504385 766181 0.5158 260156.17 395188 5 552140 827881 0.4371 241345.48 361874 Total Present Value 1417659.9 2192677 iii. Accounting Rate of Return Annual Depreciation 2250000/5 450000 Year Strategy 1 Strategy 2 Annual Depreciation Accounting income (strategy 1) Accounting Income (strategy 2) 1 378456 602408 450000 -71544 152408 2 417551 653484 450000 -32449 203484 3 459563 708100 450000 9563 258100 4 504385 766181 450000 54385 316181 5 552140 827881 450000 102140 377881 Average Accounting Income 12419 261611 Initial Cost 2250000 Accounting Rate of Return Average Accounting Income / Initial Cost 0.0055196 0.11627 ARR 0.55% 11.62% From the above calculations, it is pretty clear that Strategy 2 will be beneficial for the Ace Printers Plc. It can be seen that net present value of Strategy 2 shows a positive and higher value of 51705 in comparison to Strategy 1 which has negative net present value. Moreover, adopting strategy 2 the cash flow of the company will be effectively management would ensure better value and return to the company (Crum, 2013). On the other hand, Ace Printers would be able to add value to the shareholders or investors. Through Strategy 2, the company can be generated enough capital that would help in the growth and expansion of the business. Strategy 1 should be ignored as it accounts negative npv and if company follows this strategy then can be under high debt pressure which would make difficult for them to survive or even may need to shut down the process (Kalyebara and Islam, 2013). Apart from that, the Internal Rate of Return also points that Strategy 2 can be selected. It is known that in a mutually exclusive assignment, the assignment having greater IRR value has to be considered. Therefore, it can be clearly seen that strategy shows higher value in comparison to strategy 1. Therefore, Ace Printers Plc should go for strategy 2. On the other hand, it is also clear from accounting rate of return that strategy 2 ensures higher return up to 11.62% in comparison to strategy 1 which does not even touch 1% rate of return. Thus, strategy 2 will provide higher productivity and Ace Printers would be successful in increasing the market share and better profit (Ortiz-Melina and Phillips, 2010). Moreover, the company would be able to gain higher investors and could be able to increase their earning per share. 2. Severn Trent Plc is a water industry which is based in UK and trade on London Stock Exchange whereas Taylor Wimpey Plc falls under house building industry and it also trade on London Stock Exchange. According to Barndorff-Nielsen and Stelzer (2011), beta is used in order to measure the volatility of the security of the company in relation to the market as an entire scenario. The beta value of Severn Trent is 0.77 and on the other side Taylor Wimpey has a beta value of 1.23. Severn Trent has low beta. The reason is that the security of the company is less volatile in contrast to the market. Apart from that the company accounts low beta as the Severn Trent is taking less risk and playing it safe. As a result of that the return earned by the company is good and return rate is also effective. The stock or security of the company also fluctuates less and due to that their security is in stable mode and ensures better value to the shareholders (Bauwens, Hafner and Pierret, 2012). Theref ore, it can be mentioned that security of Severn Trent Plc is largely correlated with the market. Furthermore, it can be pointed that price of the stock of the company does not frequently up and down and as a result, the company acknowledges low beta value. On the contrary, it is known that if any company has a beta lower than 1 then the security is not moving along with the market (Cont and Kokholm, 2011). For instance, if the market ensures10% returns then Severn Trent Plc would gain around 7% from their stock. The investors that does not want invest in riskier portfolios prefers this kind of security that has low beta (Hansen, Lunde and Voev, 2014). Therefore, it helps Severn Trent Plc to engage investors that are risk averse. On the other hand, the low beta ensures a low risk and helps the investor to determine the expected rate of return. Moreover, the Severn Trent Plc uses beta to analyze the market return. The security of the company is moving in a stable way due to that comp any is able to generate a turnover of 1831.6 million in FY2013 which resulted in an increase of net profit by 32%. In addition it can also be mentioned that company witnessed a total shareholder return of 72% in 2013. Thus, it can be mentioned that an industry with low beta is able to generate higher return as the security are less unstable. It can be understood that in order to run the business in secure manner, the beta value has to be controlled and should not let it increase to higher number otherwise it would generate uncertain risk that may be difficult for the company to control (Jaye, 2013). On the other hand, it can be seen that beta value of Taylor Wimpey Plc is high which reflects that price of the security of the company is more volatile and there is high fluctuation its price. As a result of that, the company is facing problem in engaging potential investors. Moreover, it can be difficult for the investors to predict the actual value of the price of security in future. Therefore, the security of Taylor Wimpey is 1.23 times is volatile in comparison to the overall market. Due to that, the growth in profit of the company is slow. The company only registered a growth in profit by 18% in comparison to overall market (Kaeck and Alexander, 2013). Apart from that, Kanas (2012) discussed that stocks with higher beta possess higher risk and such kind of stocks may not be preferred by the investors that are risk averse. On the contrary, the investors that are risk inverse would be willing to invest in such kind of stocks. The reason is that such kind of stock has a potential to declare higher returns. Therefore, the stock with beta value more than one would be selected by the investors that are not risk averse. For example, if the market provides a return of 20% on investment then the company can expect that they can get a return of 24.6% which quite better for any industry. On the other hand, if the market ensures an expected return of 10% with a risk free rate of 2% the return would be 11.84% (=2% + 1.23(10%-2%) with the beta of 1.23 which may not be possible for the company that seeks for low beta (Koutmos, 2011). Apart from that, it can be mentioned that Taylor Wimpey Plc invest in more risky stocks and assets and due to that the company has higher beta value than Severn Trent Plc. Overall it can be mentioned that both lower and higher beta value is productive for the industries if the nature market is studied with highest concentration. 3. The suggestion of HR manager, Tom Sparkes to borrow the capital would be advantageous for the company. The company can borrow capital either as a medium term loan or short term loan. In medium-term loan, the company would be paying the interest over the period of ten years (Wang, 2013). On the other contrary, Ace Printer Plc has to assess their riskiness and credit payment capability. Moreover, borrowing capital would not allow taking ownership position in the company. The company can gain benefit in terms of tax as the interest on the bank loan for business is tax-deductible. Therefore, the company would be able to finance their operation quite effectively or can buy required materials and equipments for increasing the production of printer cartridges. On the contrary, in order to borrow the capital, the company may need to present their track record and may have to prove that they can clear the loan amount in due time (Serafimov and Berk Skok, 2013). If the company fails in repa ying the borrowed amount then bank or lending institution may seize the property of the company and can file a case. As a result, it can affect the business of Ace Printers Plc largely. Apart from that, the thought of bank overdraft by manager holds both negative and positive side. Through overdraft, the company would be able to generate more capital over their bank account balance (Rehman, 2010). Moreover, the company may not be liable to deposit any documents for it. Therefore, Ace Printers can have to good cash flow for their business. On the other hand, the company may have to also face consequences of overdraft in the form of fees and interest as interest on overdraft is often at higher rates in comparison to loans. Furthermore, the company may need to deposit their business assets as a security in order to avail the advantage of overdraft (Radosław Kurach, 2013). As per Ortiz-Melina and Phillips (2010) in order to run the business, an appropriate source of capital has to be acknowledged in order to finance different activities of the business or company. There are different source of capital such as long term and short term which is largely used by many industries to finance their operation or either for expanding their business. Using the source of capital, Ace Printers Plc would be able to stock printer cartridges so that whenever there is a demand from the computer industries then a prompt service can be delivered. On the other hand, the capital sources would be effective in enhancing the supply chain (Mathew, 2011). The company would be able to warehouse required materials and product could be delivered to customers with no damage. As a result, it can create a good impression of the company among the clients. Moreover, company would be able to build strong relationship with can be in a position to higher revenue and sales. The source of c apital is important as company would be able to generate required capital in order to become more liquid and make investment necessary projects or assets that would ensure better return (Maringer and Ramtohul, 2011). There are number of ways to source capital such as bank lending, right issue, loan stock, retained earnings, finance lease and others. This helps in overcoming the shortage of capital and meeting the requirement of capital so that business process can be improved and expanded so that the company can strongly trade on stock exchange and provide better value to the shareholders (Li, 2013). On the other hand, source of capital can have significant impact on the investment decision as well. The company can plan their capital source that which source would be useful and could meet up the expectation of capital. For instance, if the company prefers bank to borrow funds then the company would have also consider the interest payment and if the company is not able to generate enough return from the business then it can lead to burden on the company (Kaeck and Alexander, 2013). As a result, the investment of the company may fall and would affect the business prospect. Therefore, the company has to take all account of their strength and weakness in order to meet the required capital expectation. On the contrary, the source of capital can have positive impact too on the investment decision. For example, if the company wants to invest in the production of printer cartridges in bulk number then selecting appropriate source of capital can help in meeting this objective (Mathew, 201 1). As a result of that, the company would be able to meet the increasing demand of the computer industry or other clients. Therefore, it would help the company in gaining advantage from their investment decision. Apart from that, financing the activities can help in gaining competitive edge and also Ace Printers Plc could be able to penetrate into other market with their product and service. 4. The strategies of growing carefully and sensibly would be valuable for the business prospects of Ace Printers. It is known that a business success when they have patience to and make progress step by step. As a result, company is able to register better market growth and better revenue from the market in which the business is operating. In the given case, Ace Printer Plc would be able to penetrate into the market of France. It is understood that computer industry in France uses printer cartridges for carrying different activities. Therefore, moving the business into France would help the industry in generating large customer base and building strong relationship with number of clients from whom the Ace Printers Plc gain build strong channel for supplying the printer cartridges at expected level (Vickman, Larsson and Olsson, 2012). Apart from that, moving sensibly would help in understanding the actual requirements of the clients and better understanding of the market. As the compa ny is growing at better pace then the company should not be in hurry to apply any strategies without proper research. However, going organically and sensibly would help in creating impressions among the customers and clients in France (Tagarev, Georgiev and Ivanova, 2012). As a result, it would help in enhancing the brand value of the company and would be able to give tough competition to the competitors that are present in France market. On the contrary, as the company is medium-sized industry and wants to operate in large market then the company may need to focus on their business and enhancing the production capacity so that production of printer cartridges can be met at expected level. Therefore, the demand of the market and customers can be achieved in successful manner (Shimokawa et al., 2012). On the other hand, the Ace Printers Plc would be able to understand the actual requirements of the computer industry or clients in France so that cartridges can be produced according to their demand and expectation. Apart from that, the strategies of engaging with French competitor would be effective as well. By acquiring French competitor, the company may not need to investment in acquiring any property for starting the business. Therefore, the company would be able to save additional cost. On the other hand, the company would not have to hire other employees as they would gain quality employees of the competitor that can help in providing details about the actual preference and taste of the customers (Radosław Kurach, 2013). Therefore, as a result, the company would be able to produce the product as per clients expectation. Moreover, it will save the cost of training and development of workers and company can use that capital for improving the infrastructure of the company and business process. Apart from that, the company would not have to invest capital in buying equipments or machine for the manufacture of printer cartridges. The company can make use of the fixed assets of the co mpetitor (Tagarev, Georgiev and Ivanova, 2012). However, the company can invest certain capital for up gradation of the system so that quality product can be accumulated and as a result, the company would be able to engage the clients and providing higher customer satisfaction. Therefore, it would help in generating high sales and strongly operate in the market. Furthermore, the company could gain exposure very soon by acquiring French competitor which will be effective for the growth and development of Ace Printers. On the other hand, the company should be careful in selecting the competitor otherwise it could be a problem for the company in running their business and gaining expected clients (Wang, 2012). Conclusion From whole study, it can be concluded that Net Present Value is effective along with IRR and ARR in order to accept any project or strategy that can ensure better value to the company. It has been found that strategy 2 is important for the Ace Printers Plc to gain higher benefit. Apart from that source of capital is useful for financing the activities and buying the profitable assets. On the other hand, beta helped in understanding the reason behind difference in beta between two industries. The movement of security price is the reason behind the beta difference. Further, the strategy of acquiring French competitor and going organically and carefully is both beneficial for Ace Printers Plc to make their mark in France. References Barndorff-Nielsen, O. and Stelzer, R. (2011). The Multivariate Supou Stochastic Volatility Model.Mathematical Finance, 23(2), pp.275-296. Bauwens, L., Hafner, C. and Pierret, D. (2012). Multivariate volatility modeling of electricity futures.Journal of Applied Econometrics, 28(5), pp.743-761. Belanov, K. (2012). "What If" Analyses in Investment Decision Making.FAI, 3(3), pp.5-16. Cont, R. and Kokholm, T. (2011). A Consistent Pricing Model For Index Options And Volatility Derivatives.Mathematical Finance, 23(2), pp.248-274. Cooper, R. and Schott, I. (2013).Capital reallocation and aggregate productivity. Cambridge, Mass.: National Bureau of Economic Research. Crum, R. (2013).Capital budgeting under conditions of uncertainty. [S.l.]: Springer. Hansen, P., Lunde, A. and Voev, V. (2014). Realized Beta Garch: A Multivariate Garch Model With Realized Measures Of Volatility.Journal of Applied Econometrics, 29(5), pp.774-799. IMA., (2012).Wiley CMA Learning System Exam Review 2013, Financial Planning, Performance and Control, + Test Bank. Hoboken: Wiley. Jaye, N. (2013). The Volatility of Volatility.CFA Institute Magazine, 24(5), pp.36-39. Kaeck, A. and Alexander, C. (2013). Stochastic Volatility Jump-Diffusions for European Equity Index Dynamics.European Financial Management, 19(3), pp.470-496. Kalyebara, B. and Islam, S. (2013).Corporate governance, capital markets, and capital budgeting. New York: Springer. Kanas, A. (2012). Implied Volatility And The Risk-Return Relation: A Note.Int. J. Fin. Econ., 18(2), pp.159-164. Koutmos, D. (2011). Time-varying beta risk, volatility persistence and the asymmetric impact of news: evidence from industry portfolios.Global Business and Economics Review, 13(1), p.42. Li, C. (2013). Bessel Processes, Stochastic Volatility, And Timer OPTIONS.Mathematical Finance, p.n/a-n/a. Maringer, D. and Ramtohul, T. (2011). Regime-switching recurrent reinforcement learning for investment decision making.Comput Manag Sci, 9(1), pp.89-107. Mathew, J. (2011).Engineering asset management and infrastructure sustainability. London: Springer. Ortiz-Melina, H. and Phillips, G. (2010).Asset liquidity and the cost of capital. Cambridge, Mass.: National Bureau of Economic Research. Pavkov, I. and Jocic, D. (2012). Using decision trees for investment project evaluating.Skola biznisa, (4), pp.65-69. Radosław Kurach, R. (2013). Does Beta Explain Global Equity Market Volatility Some Empirical Evidence.Contemporary Economics, 7(2), p.55. Rehman, A. (2010).Gulf capital Islamic finance. New York: McGraw-Hill. Serafimov, D. and Berk Skok, A. (2013).Capital budgeting decision-making in Telecom sector using real option analysis. Ljubljana: [D. Serafimov]. Shimokawa, T., Kinoshita, K., Miyagawa, K. and Misawa, T. (2012). A brain information-aided intelligent investment system.Decision Support Systems, 54(1), pp.336-344. Tagarev, T., Georgiev, V. and Ivanova, P. (2012). Analytical Support to Critical Infrastructure Protection Policy and Investment Decision-Making.Information Security: An International Journal, 28, pp.13-20. Vickman, S., Larsson, A. and Olsson, L. (2012). Prerequisites for decision aid in socially responsible investment appraisals.International Journal of Engineering Management and Economics, 3(4), p.359. Wang, Y. (2012). Capacity Investment Under Responsive Pricing: Implications of Market Entry Choice*.Decision Sciences, 43(1), pp.107-140. Wang, Y. (2013). Volatility Information in the Trading Activity of Stocks, Options, and Volatility Options.J. Fut. Mark., 33(8), pp.752-773.

Thursday, December 5, 2019

Commercial Law Mutual Obligations

Question: Discuss about the Commercial Law for Mutual Obligations. Answer: 1. Contract is defined as an agreement which is legally enforceable between two or more people that create mutual obligations. Thus, for any agreement to become a contract, it needs to enforceable under law. However, there are certain elements which are necessary to be present in every agreement to make it lawful. These elements are offer, acceptance, consideration, mutual consent, legal object and competence of parties (Schwenzer, Hachem Kee, 2012). The initial step in creating a valid contract is offer by one party and acceptance by another. An offer is defines as willingness of an individual to create contractual relationship under certain terms and conditions with intention of binding the other party as soon as the offer is accepted by the party to whom its made. Thus, an offer is a statement of conditions made by an offeror with the intention to bind himself. Moreover, as soon as an offer is accepted, a valid agreement is created. Thus, an acceptance is defined by an indication or expression by the offeror about his willingness to be bound unconditionally according to the terms stated in the offer (Rose, 2013). Thus, when an offer made by one party is accepted by another, a valid agreement is created; this agreement becomes a valid contract when the other elements are present in it. Thus, the second most essential element to form a valid contract is consideration. Thus, to form a valid contract, every agreement needs to be supported with valid consideration. The definition of consideration is something in return and is usually something of value which is exchanged in return of a performance or a promise by one party to another (Amin, 2013). However, it is important that a consideration should be something of value which can be measured objectively. Thus, a promise to love or marry is not a valid consideration which can be enforceable under law. The next essential element for a valid contract is mutual consent between parties. Thus, under the contract law in Singapore, there needs to consensus ad idem which is meeting of minds between both the parties which intend to enter into a construal relationship. The Thus, the party that initiates an offer and the party which accepts the offer for a valid consideration should understand the terms and conditions of a contract in the same manner. Moreover, the object for which the contract is created by two parties must be legal and legitimate (Beale, 2012). Thus, any agreement which is created for a fraudulent, immoral, criminal or opposed to public policy is not enforceable under law. Thus, a contract to smuggle drugs or arms is considered void as the object of the contract is illegal. Lastly, to form a valid contract, the parties which are contraction need to be competent. Under the Singapore contract law, the parties entering into a contract require to be above 18 years, of sound mind and not disqualified under law to contract. Thus, Ben proposed an offer to Alan for buying alcoholic drinks, however Alan did not accept the said offer and insisted only on purchasing Russian made alcohol. Thus, Alan decided to not accept to buy alcohol drinks from Bens shop and the offer made by Ben of selling vodka unless he ensures that the vodka is made in Russia. However, when Ben stated that the said bottle of vodka is distilled in Russia, Alan decided to purchase it which stated that he accepted the offer made by Ben of selling vodka creating an agreement. The other elements like consideration and both Ben and Alan being competent parties contracting for a legal object completed the agreement making it a valid contract. Thus, in the present case, when Allan purchased bottles of vodka from Ben, a valid contract was created which had all the essentials elements of contract which are offer, acceptance, consideration, competent parties, legal object and mutual consent. 2. The sale and purchase of goods whereby a seller agrees to sell or transfer the rights of certain goods to a potential buyer for some value or price. This transaction is governed by the rules and regulations made under the Sale of Goods Act. The contract of sale of goods under the Sales of Goods Act involves making rules and regulations for both the sale and the contract for sale. The term goods is defines under Part 1(h) of the Sales off Goods Act including all types of movable property except money and claims (Yeo, 2012). The word goods under the Sales of Goods Act includes growing crops, shares, stocks, timber, etc. The rules and regulations under the Sales of Goods Act set out many warranties which protect both the seller and the buyer whenever needed. The rules and the regulations under the Sales of Goods Act protect the interest of both seller and the buyer. Part 1 of the Sales of Goods Act in Singapore has many implied warranties which protect the interest of the buyer from fraudulent practices of a seller. Thus, the section 15 of Part 1 of the Sales of Goods Act creates implied warranty on sale of goods by description. Thus, the said section states that when a contract of sale is created by description, there is an implied condition that the goods require to satisfy the said description. Moreover, when a sale of goods is initiated with the help of a sample, an implied condition under Sale of Goods Act states that the said goods delivered should satisfy to the sample shown at the time of selling the goods (Brudner, 2013). Additionally, section 16 of the Sales of Goods Act, the act makes no specified implied warranty as to the fitness and quality of the goods sold unless the buyer express in any form to the seller the exact reason or purpose for his purchase of a said good which indicates that the buyer relies on the judgment of the seller to provide him goods relating to his description, in this case an implies condition is created which requires the goods to satisfy the requirements as mentioned in the description. The section 53 of Part 5 of the Sales of Goods Act in Singapore sets out the rules and regulation for breach of warranties by a seller (Mullender, 2013). Thus, under the said section a buyer is entitled to bring about a legal action against the seller who breaches implied warranties under the said Act. Additionally, the buyer is also entitled to set beach of warranty against the seller by reducing or voiding the purchase price. Thus, in the present case, Allan was the buyer and Ben was the seller. Allan was very clear about his requirement of Russian vodka when he entered the liquor shop owned by Ben. Ben ensured Allan that the liquor he was holding was distilled in Russia and it satisfied his requirement. Relying on the statement made by Ben, Allan purchased three bottles of the same however; he along with three of his friends suffered from diarrhea post the consumption of the vodka. Thus, in the said case, Ben violated section 15 and 16 of the Sales of Goods Act by selling illicit drinks to Allan under the description of Russian distilled vodka; therefore Allan can bring about legal action against Ben (Bouckaert De Geest, 2013). 3. The primary manner in which a contractual party tries to avoid, limit or cancel its liability arising out of contract is by including an exclusion clause within it. Exclusion clause is describes as a provision under an agreement or a contract which restricts, limits or totally avoids the liability of a party under the said contract on occurrence of specified events, situations or circumstances. Thus, the presence of an exclusion clause protects either one party of a contract from limiting its liability in case of occurrence of specified events. However, the law of every nation makes certain type of exclusion clause or exclusion clauses which entirely avoid the liability of a party from his contractual duties is considered void and illegal in the interest of public policy (McKendrick, 2014). Thus, in Singapore, the Unfair Contract Terms Act helps in regulating the contracts in Singapore by limiting the operation legality of certain terms of thee contract. Thus, the primary objectiv e of the said Act was to limit and restrict the applicability of disclaimers in a contract. The Unfair Contract Terms Act covers all types of contracts in Singapore and also extends to cover notices which created contractual relationship between parties. Thus, the section 3 of the Unfair Contract Terms Act in Singapore talks about liability arising from a contract. The said section applies when one of the contracting parties is a consumer or relies on the written contract term which usually used in a business contract of a party. Thus, under the section 3 of the Unfair Contract Terms Act in Singapore a party cannot by including of a clause in a contract exclude or limit his liability with respect to any breach of the contractual duties arising in the contract or limit or exclude performance in respect to the whole or part of the contract. Additionally, the party contracting is also excluded from including any disclaimer which allows performance of a contract to be conducted differen tly from the manner which is reasonably expected (Anson et al., 2010). The term reasonable is clearly defined under the Unfair Contract Terms Act in Singapore and states that term which is fair to be a part of a contract with regards to situations which were known to parties at the time the contract was created is considered reasonable. Additionally, section 5 of the Unfair Contract Terms Act in Singapore sates that when goods are sold for personal consumption, any liability arising from loss or damage incurred due to defective goods or negligence of manufacturer or distributor cannot be limited or restricted by an exclusion clause. Thus, in the said case, receipt given by Ben to Allan for the Russian Vodka purchased by Allan is not a contract in itself but its just an acknowledgment of existence of a contract. The statement printed on the receipt when was handed to Allan was not enforceable as it restricted the liability of Ben from action arising out of defective goods or negligence (Furmston Tolhurst, 2010). In Olley v Marlborough Court Ltd, Mrs Olley lost her hotel keys even after she kept it safe at the reception. The Hotel had a disclaimer or exclusion clause stating "The proprietors will not hold themselves responsible for articles lost or stolen, unless handed to the manageress for safe custody." However, the Court held that it was the hotels fault as they acted negligently and the disclaimer was not part of the contract thus the hotel could not rely on it. Similarly, in the said case, the receipt provided by Ben was not a part of the contract and Ben could not rely on it for appropriate relief. 4. In the said case, Ben was the owner of a liquor shop which Allan visited with the intention to buy Russian vodka. Ben ensured Allan that the bottle he was holding is Russian distilled vodka. However, on consumption Allan and three of his friends suffered from severe diarrhea and found out that the vodka purchased was an illicit drink. Thus, there was a valid contract of sale between Allan and Ben which contained all the essential elements of contract within it like offer, acceptance, consideration, free consent (Poole, 2012). However, Ben had no contractual relationship with Allans friend as there was no offer and acceptance or exchange of consideration. Thus, Allans friends cannot pursue liability against Ben under contract law. However, Allans friends are entitled to bring a suit against Ben under the tort law of Negligence. Negligence under law is referred as failure to exercise reasonable amount of care which is expected from a prudent and reasonable individual. To establish n egligence under law, certain elements require to be proved which duty, breach of duty, proximate cause are, cause in fact and damages. The primary requirement to establish negligence is to show that the defendant owed a duty of care towards the plaintiff (Branch, 2012). Thus, the relationship between the plaintiff and the defendant gives rise to such a duty. The second element to be establishes is to show that the defendant has initiated some action or conduct which breaches the duty he towards towards the plaintiff. Thus, a defendant usually fails to exercise reasonable care resulting in breach of duty. Additionally, it is important for the plaintiff in every negligence case to prove that he has suffered an actually injury or loss resulting from defendants failure to exercise care. Additionally, plaintiff needs to establish a legal harm which can be physical injury or damage to his property for which he can claim damages from the defendant Furmston, Cheshire Fifoot, 2012). Thus, every distributor owes duty of care to consumers at large for the goods that he sells under the Sale of Goods Act which creates many implied warranties as to the quality of the goods sold in Singapore. Thus, in the said case, Ben owed duty of care towards Allans friends who suffered physical suffering consumption the vodka he sold. Thus, Allans friends can rightfully bring about action against Ben for supplying goods of unaccepted quality under the tort law of negligence as they suffered physical hardship by consumption of goods sold by Ben (Bridge, 2012). Additionally, under section 2 of the Unfair Contract Terms Act, it is clearly stated that an individual cannot by reference to any contract term liability or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence. Thus, in the said case Alans friends can sue Ben under tort law of negligence and Ben will not be able to rely on the disclaimer or the exclusion clause printed by them in his receipt. Reference List Amin, N. (2013). Protecting consumers against unfair contract terms in Malaysia: the Consumer Protection (Amendment) Act 2010.Malayan Law Journal,1, 1-11. Anson, W. R., Beatson, J., Burrows, A. S., Cartwright, J. (2010).Anson's law of contract. Oxford University Press. Beale, H. G. (2012).Mistake and non-disclosure of fact: models for English contract law. Oxford University Press. Bouckaert, B., De Geest, G. (Eds.). (2013).Bibliography of law and economics. 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