Thursday, December 26, 2019

The Rise Of The Fascist Party Essay - 1478 Words

There are multiple causes that allow The Fascist party to snake its way up to the top. A national social crisis has a portion in causing fascism to grow powerful. A national economic disaster is another part that causes fascism to develop, even further. A charismatic leader creates a major chunk of causing fascism to rise to the top of the pyramid. A nation that is desperate to get back to normal is something that causes fascism to dominate the people’s minds. Fascism has a multitude of causes, if these causes happen simultaneously, then that is a formula for a fascist party to take over. The idea of Fascism did not start with Adolf Hitler in Germany, but actually, the idea of Fascism was developed in Italy and lived on for about 23 years. Benito Mussolini was one of the first leaders to use Fascism and did it successfully for 21 years. Benito Mussolini was one of the first leaders to use Fascism but was sadly not the last. Adolf Hitler was a Nazi-Fascist leader of Germany for about 11 years. Francisco Franco was a Fascist leader of Spain for about 36 years. Unfortunately, the reign of Fascism did not stop there and neither did the effects of Fascism. In order for Fascism to properly dominate a country, there would be a need for a social crisis. In other words, the country needs to be blamed for something or be in a tinted spotlight. The people of that country should not feel proud of their country. According to president Franklin Delano Roosevelt in his speech called TheShow MoreRelatedThe Importance of the Economic Factors in the Rise to Power of the Fascist Party in Italy1409 Words   |  6 Pagesof the Economic Factors in the Rise to Power of the Fascist Party in Italy Fascism came on the heels of a war that economically and physically crippled Italy. In an attempt to regain control, Italian general and dictator, Benito Mussolini created a political party that rivalled the Socialist party. Fascism was an extremely harsh dictatorship type of power that left many people a victim of its cruelty. This essay will explore whether the rise of fascism was due to the economicRead MoreAssess the Reasons Why Mussolini Was Appointed Prime Minister in 19221001 Words   |  5 Pagessociety. The war destroyed Italy economically leading to a rise in socialism. This in turn lead to highlighting the weaknesses of the liberals as the country was torn apart in the red years. This strengthened the appeal of fascism as it was the cure that Italy needed to get rid of the socialists. The fascists needed only to organise their party and take advantage of the open opportunity to seize power in Rome. However organisation of the party was no mean feat as it contained many different viewpointsRead MoreMussolinis rise to power1578 Words   |  7 Pagesand Fascism’s rise to power in Italy, 1919-22? Mussolini and the fascists managed to rise to power and take control of Italy in 1922. Mussolini’s rise to power took place mainly due to a combination of conditions that characterized the liberal Italian state, which existed before his take over. The main factors that led to Mussolini’s rise to power were the impact of the First World War, the weaknesses of the Risorgimento, the Biennio Rosso , the elite’s support for the Fascist Party, and the MarchRead MoreThe Rise Of Fascism During World War I Essay920 Words   |  4 Pages Fascism, before its rise to power in 1922, was an amorphous collection of often contradictory influences, ideologies, and backgrounds. World War I provided ties between the hyper-masculine and hyper-violent ideals of the movement. The growth of Fascism was slow immediately after the war, but that time was when many of the institutions of Fascism were founded. After 1919 through 1922 Fascism grew even more, but contradictions remained. R.J.B Bosworth argues in his book, Mussolini’s Italy: LifeRead MoreHitler And Mussolini s Influence On World History927 Words   |  4 Pagestactics and techniques. Hitler and Mussolini were able to rise to power by using fear tactics to control the people of their nations, Germany and Italy respectively. Hitler established his empire as a dictator within 18 months of being appointed as Chancellor. Mussolini needed six and a half years to establish his dictatorship. Although it took Mussolini much longer to take complete control of his country, he was able to complete his rise to power in Italy as a dictator a decade prior to Hitler’sRead MoreFascism Defined in the Context of Mussolinis Italy and Nazi Germany1371 Words   |  6 Pagesthe rule of five different governments. Following the infamous ‘March on Rome’, Benito Mussolini was chosen to be Italy’s head of government; however, Mussolini’s nascent fascist party (which was officially founded in 1919) toiled to rally around a set ideology. Though Mussolini had founded the Fascist party in 1919, the party had no set platform or ideology to organize itself aro und. James Whisker, a professor of Political Science at West Virginia University states, â€Å"Italian fascism had at leastRead MoreThe Duration And Outcome Of World War I1517 Words   |  7 Pagesincrease supporters, and in 1919, Mussolini established the first fascist regime in Italy (Martz, 2010). The Fascist Party gained a lot of attention and support because they blamed the unfair outcome of the war on the current, weak Italian democracy (Pollard, 2004, p. 29). Citizens easily put the blame on the liberal politicians and sought refuge from the opposing right wing political groups. Italy was very susceptible to Mussolini’s Fascist rule and ideologies because Italy was desperate for a changeRead MoreThe Rise of Fascism Due More to the Personality of Mussolini than the Failures of Liberal Italy1075 Words   |  5 PagesThe Rise of Fascism Due More to the Personality of Mussolini than the Failures of Liberal Italy In 1922, Mussolini became the prime minister of Italy. This meant the end of Liberal Italy, and the rise of Fascism. Mussolini managed to do this because of his incredible personality, one which helped him be an excellent politician. On the other hand, Liberal Italy failed to fulfill national expectancy, also helping in the rise of Mussolini. The question here is which of theRead MoreAnti Semitism As A Religious, Ethnic, Or Racial Group1270 Words   |  6 PagesWar Two and even after. Anti-Semitism was an issue in Canada before and during World War II because of the rise of fascist leaders and political parties, the use of internment camps and discriminatory immigration policies. Fascist movements and leaders were not confined to only Europe; they also started moving towards Canada. Italian government representatives had placed multiple fascists in Montreal and Toronto. The German government had also started to plant Nazi ideals among German people inRead MoreThe Causes Behind The Atrocities Experienced During World War II1166 Words   |  5 PagesWorld War I came about due to a rise in nationalism in response to militarism, World War II and the events following it followed a similar pattern. However, within this war occurred some of the most horrific events in history, including the Holocaust and the detonation of the first nuclear bomb. Explanations behind the particularly merciless cruelties of World War II can be traced back to a rise in extremist German nationalism due to the Treaty of Versailles, the rise of fascism and imperialism, as

Wednesday, December 18, 2019

Essay On Social Media - 1035 Words

Social media. It s a disease we all love, no treatment has ever been established for its cure. It s killing us. Sadly, it s gained astounding worldwide growth and popularity from many nations globally. It s capturing today s youth rapidly between its claws, making our lives depend on it. Anthony Carmona states â€Å"It is a veritable battleground, where insults fly from the human quiver, damaging lives, destroying self-esteem and a person’s sense of self-worth.† Yes as bad as it sounds we’re all victims of it. The more social media we have, the more we think we’re connecting, yet we are really disconnecting from each other. Imagine, you walk into a room. All you see is intelligence and passion being thrown out the window. Bright people†¦show more content†¦Menacing, and disruptive that s how I describe it. Social media is affecting the way we view ourselves and each other. It s showering us with bucket fulls of hate towards ourselves both internally and externally. We feel as if we’d rather get run over by a truck and then tossed into a sea of sharks than look at ourselves through a mirror. It leaves us with misery and extreme levels of protesting against ourselves. Am I good enough? Do I have a small waist? Will society accept me? Astoundingly 62% of all girls feel insecure, 57% of all girls have a mother who criticizes her own looks, and 71% of girls with low self-esteem feel their appearance does not measure up with all the materialistic and unrealistic barbies on social media. Real beauty is being thrown through the door due to the help that social media offers. Expectations, expectations, expectations that s all that our young girls are fulfilling and neglecting causing them to throw away their own happiness and desires in a dumpster. Yes, we are getting spoon fed unrealistic images of models photoshopped a certain way, targeting young men and women. It s making a profit. Not an ordinary gain, a gain that leads today s youth in depression, stress, and pure disgust towards themselves. What screws us up in life is the picture we have in our head about how we are supposed to be. Social media is affecting the wayShow MoreRelatedEssay On Social Media971 Words   |  4 PagesIn the World, today social media controls everything. Social media includes blogs, social games, chat apps, and photo sharing apps. â€Å"around 60 percent of the population has at least one social account† (Gor don). The generation of millennials have more than one social media account and are always on their phones checking those sites multiple times a day. In this essay, I will be giving more information about three different social sites, the features, capabilities, how to use them, and privacy settingsRead MoreSocial Media And Media Essay744 Words   |  3 PagesSocial media has existed for about 10 years and is a huge form of communication today. Social media allows for an easy and direct way to connect with people all around the world, while never leaving the comfort of your own home. While most people use social media, it has been discovered that social media can be affected by gender. There have been studies conducted to discover if females use it more than males or if gender affects someones personality on social media. Men and women both use socialRead MoreSocial Commentary Essay On Social Media739 Words   |  3 PagesLyanna Gatdula Mr. D’Aquila ENG 1DP 16 Oct 2017 Social Commentary Essay Social media platforms continue to be an online distraction and it increases communication barriers on people’s lives. It has a positive effect on young minds and a negative effect. The tv series Black Mirror Season 3 Episode 1 â€Å"Nose-Dive† is an internet-based population where people rate you using their cellular devices and live a non-genuine life so that the population will like you and they will give you an acceptable ratingRead MoreSocial Media Essay647 Words   |  3 PagesSocial The popularity of social networking sites such as Facebook, Twitter, Myspace, and YouTube have taken over the world in many ways that nobody would ever guess. These sites lets users to make profiles automatically where they can communicate with friends, families, and strangers through pictures, blogs, music, links and many other ways. As social networking sites become more important to society, some people agrees that these online sites are causing society a great trouble, especially theRead MoreSocial Media Essay1071 Words   |  5 Pagesmarketing, and it’s no other than social media that we all learned to love. It’s quite fascinating that in the early 2000’s social media wasn’t even invented; yet statistics show that Facebook has accumulated users surpassing the entire population of the United States. The acceleration of growth and progress in social media just gives us a glimpse of its maximum potential on how it will revolutionize and transform marketing. Before we further discuss the subject of social media, one must first know itsRead MoreEssay On Social Media1711 Words   |  7 PagesDiscussion Social media is defined as â€Å"websites and applications that enable users to create and share content or to participate in social networking.† (according to Google and oxford dictionary) This means that websites such as Gmail are also social media websites as well the more social media sites like Snapchat or Instagram. Social media websites have exploded in popularity over the last ten years due to advances in mobile phone technology and all this new technology allows us to connect and haveRead MoreEssay On Social Media1382 Words   |  6 Pageswhat is social media actually? Social media takes apart in the internet which is just a jumbled mess of networks. Social media consists of apps and websites all built on an electronic device whether a computer or a phone. Now social media makes it easy to communicate and be able to talk to others anywhere with a mobile connection. Also, it gives out new job roles and you can create accounts on sites to further put your life all over the internet. Not many people think of this, but we use social mediaRead MoreEssay On Social Media1029 Words   |  5 PagesOur society is being bombarded with social issues whether they are real or has been modified to fit the profile of the writer. How has the world of social media changed our views for better or for worse? Can our society recover and modify its viewpoints to show the reality of our world or are we going to keep going down this ideal view of what we perceive others should see? I have seen firsthand how something as simple as a viewpoint posted on social media has permanently changed someone’s life andRead MoreEssay On Social Media883 Words   |  4 Pagesavailable to everyone, the comments will contain bias and not accurate. The title of the page is â€Å"How the social media shaping teenagers’ communication skills†, the comments should be around 200 words about their experience of social media and how the use of social media affect their c ommunication with others. It is a good platform to let teenagers to express their perspectives toward social media, the opinions are important in my research. Therefore, for attracting people I will offer $10 StarbucksRead MoreSocial Media Essay892 Words   |  4 Pagesby customer. The solution of this problem is introducing a good social media to company where all employers and staffs will be connected, communication between them will be faster and work completes without delay. Therefore, we will like to recommend you Facebook as best social media for communication for business purpose. Summary and Evaluation Summary: There are various requirements of the business that suggested social media need to follow. The first one is it should send the message to the

Tuesday, December 10, 2019

Formation Of Contract Under Commercial Law - Myassignmenthelp.Com S

Question: Discuss about the Formation of contract under Commercial Law Answer: FORMATION OF CONTRACT Formation of contracts Q # Law that applies explained How this will affect your business: You may add facts here. What is your aim in dealing with this issue Your policy statement and/or process to achieve the aim Mark Leave blank 1. Formation of contract 1. Advertisement: the first thing in the business policy is to form a proper advertisement with short details which include the policy objectives, time period of policy and the cost they are offering in the contract[1]. The advertisement is the basic thing to attract the people in first look which must be formed in an innovative ways. 2. Dealing with the enquiries: this is a process where the customers always enquire the details of the contract before they accept they accept the offers. The other party who is willing to form the business policy with the customers must give the proper details and must mentioned about every details of the business policy in the contract. The customers must look after the far and details of the contract and the other party who giving the proposal must clear every details of the terms and conditions of the business policy. 3. A process for making offers including: when any contract is formed the both parties must clear their details about the contract where they must include the offers which are offering to the customer. The business policy represents details of the contract about the offer. In the contract the party who giving the offer to the customer must include the counting offers of the contract where they deal with the counter offer if the parties want to negotiate the offer and automatically [2]reject the offer as per the acceptance of that. The counter offer always gives the rights to the both party where they can negotiate their terms with the opposite party and if the terms does not satisfy the party he can reject the offer. 4. The form of accept the offer: a contract can be form in written or verbally. Therefore the parties must have mutual consent that how they made the contract with each other. The both ways can give the priorities to the parties to form the contract. When the contract is formed through a written document, the party who is giving the offer must include all the details of the contract which helps them to form a fair contract and also it must represent their legal intension through the agreement. A business policy always formed through an agreement which helps the parties to deal with the business proposal. The business policy always formed for set a goal for the company for running their business in a smooth way and also gives them the legal value of the contract. The governing body or the board of the managements always formed the contract as per their terms and conditions of the company. As per the policy the company makes their decisions in every business purposes[3] The business policy shows the basic guidelines to every corporate organization to maintain all the duties and the responsibilities for running their business. In the policy it is must include the some details of policies which helps to format the contract with the customers 2 Intention to create legal relations When a contract has been formed it must create legal intension because without the legal conducts the contract will be void The party who is giving the offer must create the contract in a legal way and the contents also represent the legal objectives of the contract. The contract always include the terms of counter offers where the parties can negotiate the terms and if there is any situation has arise that the customer want to reject the contract for a valid reason then he will can do that in a legal way. The common contract law gives the legislature to form the contract in a legal way. 3. Consideration The consideration is the legal values in the contract where the party who give the offer must make promise to another party when they forming the contract. The consideration only made when the one party promise to fulfil the offer to another party However, if A formed a contract with B where it must include the B will give $4000 to A for buying a guitar from him. Here, the $4000 is the consideration of B and the guitar is the consideration of A. It is the form of the common contract law where the consideration has been made before the contract. The doctrine of consideration always give the irrelevancy in many jurisdictions where the commercial litigation relation represents between the given promise and the reflection which is given in the deed and it must includes in the contractual consideration. If there is any lack of consideration then the contract will be void. The promisee must give the consideration to the promisor where it should be sufficient and can be illusory. Consideration always gives the present reflection when the contract had been formed. The duties which includes in the contract are never consider as a consideration of the contract. The promisor never gives the part payment which also recognize as a consideration but it never represents good consideration. 4. Electronic Transaction The Electronic Transaction Act 2002[4] gives the laws and legislature to use the electronic technology for the transaction in business for make the communication with the customers. This law gives the permission to use the email services and any other relevant electronic technologies as per the need for running the business[5] a) The act allows the employees in the business company to email the important documents which related to the business purposes. The email or electronic technology is only usable when the party or the customers [6]give the access of the using the facility to form the contract. It is very usable and consume less time. Through an email any contract can be formed in anywhere with the customers or the parties[7]. A contract can be formed in writing or verbally therefore it can be stated that the email is also a legal way to form the contract between the parties. b) In any business purpose the Electronic Transaction Act 2002 gives the access of using the electronic technology to form the contract. It represents an empowering act where the email is uses as a substitute of paper. It is only allowed the accessibility as per the given order by the parties. The both parties must have the mutual consent to form the contract through the electronic technology. VITIATING ELEMENTS Minor As per the minor contract act, the minors can enter into a contract where they have rights to form the contract as per the principles of contract. The minors who are not complete the age of 18 years but the term of entering into the contract is not enforceable. As per the Minors Contract Act 1969 gives the legislature to the minors to enter into a valid contract where they can legally became one of the party for making the business policy and runs the business. Question Number Factual situation Law applying to these facts Conclusion Minors 1. The minors can accept the offer and entered in to a contract. As per the law it is not enforceable in the legislation but it can be treated as enforceable when the contract is formed with the minor in the sectors of life insurance and employment contract.[8] The Minors Contract Act 1969 gives the legislation to form a contract with minors The both contracts are enforceable against the minors to enter into the contract. 2. The court must give the approval to enter into the contract with the minor. The court approval application must be given by the minor or their guardians and the contract will became enforceable when the minor became adult or aged 18 years. The contract with the minors never enforceable if the intension and the conducts are lawful as per the Minors Contract Act A business may contract with a minor which will not be enforceable. 3. The party can forms the contract with the minors and it must be unenforceable against the minor whereas, the minors can enforce the agreement against another party if they recognize that the agreement was not satisfying the term of valid contract. If the party want to form a contract in a life insurance agreement or want to hire the minor as an employee for the business and if the guardian made the complaint against the party then the court will decide whether enforceable against the minor or not. The sec 6 of the Minors Contract Act 1969 If the court find that the terms of the contract is against the enforceable law then the contract can be disposed. Misrepresentation The conversation and statement Law relating to the statement Set out the conversation N/A 1. 1. An email between an employee and a customer negotiating a contract Subject: negotiation for misrepresentation of contract Dear X customer, We have already received your email about the misrepresentation about the products and you have found some disputes in the product. In the mail you have mentioned that the delivered product was not same as shown to you when you buy that. As per your complaint we have found that there has been a dispute has arrived from us to deliver the products. However as per your mail you want to refund back all the money which you have given to us for the product. We have already investigated the whole process of deliver the goods and according to your mail the product was not working properly. You have also mentioned that our company has failed to provide the products as seen in the pictures and the features of the product. We are always particular about the deliver the products and the quality of the product which is our motivation in our business. You have misrepresent the whole facts and stated that we negligent to provide our service which was not true. Your expectation may fail about our service and misrepresent our service. However we are very sorry that the product was not in good condition but the problem is minor which can be fixed properly. As per the agreement, the customer never gives back the product after the delivery of that good. Our company has take decisions to negotiate the price of the product and we will give the 20% cash back of the price because after we investigate about the disputes that it can be fixed and you can use the product again. We are very sorry for the inconvenience cost. Please co-operate with us. We will provide you our best service. Please reply us through an email and sent us the bank details. Thank You Y employee Date: 00.00.00 Place: XYZ As per the Contractual Remedies Act 1979, the sec- 5 of this act defines the remedies for the misrepresentation for breaches the contract and the other sections from 6 to 10 of this act provide the remedies. 2. Discussion of the remedies As per the above fact, the misrepresentation always shows in the business that the seller may state false statement about the quality and quantity of the products and the buyer faces the damages for the misrepresentation by the seller. As per the Contractual Remedies Act 1979, the sec- 5 of this act defines the remedies for the misrepresentation for breaches the contract and the other sections from 6 to 10 of this act provide the remedies. The damage of the misrepresentation always identified in the sec- 6 of the Contractual Remedies Act 1979 where the party can claim the remedies for the damages. Whereas, incase if the party who face the damage for the misrepresentation by the aggrieved party if they failed to get back the remedies a per the sec- 5 of the Contractual Remedies Act 1979 and the court not give the relief for granting the remedies as per sec- 9 then that party can recover the damages as per sec- 10 of Contractual Remedies Act 1979 which sated the facts of recovery of damages for the misrepresentation by the aggrieved party. However, if the court gives the order to pay any sum should be paid by the aggrieved party to the innocent party who has the damage as per the section 9(2) for the damage[9]. Undue Influence An ILAC approach to this problem should be used. This is a short essay. (200 words maximum) Issue As per the case study, the issue is whether Aldo can use his money in a business and that business will be profitable for him or not. Law As per the contract act the undue influence sated the fact where a person involves himself with the performance where he takes the advantages of the position of power on behalf of another persons place. In the famous case of Hogan vs. Commercial Factors (2006) CA where the actual undue influences have applied. Application As per the case study, Aldo already works under a business for last 7years and when the business owner found that he need some capitals for the business and Aldo have the capital he want that he will invent his capital for the business purposes and he will get the benefits from the business. As per the facts of undue influence, the contract can be made between the two parties of confidence and trust where the manifestly unfair bargain always comes as the result. The relation can be made between the owner of the business who is the trustee and Aldo who is beneficiary in the contract. As both of them works from the last 7 years they already made their relation as per trust[10]. Therefore it can be stated that Aldo has little knowledge about the business and if the business owner uses this capital for the lack of the capital amount in his own persona reason therefore if the business owner cheats with him then he will loss his capital money that only left for him. Conclusion According to the case study, Aldo can invest his capital in the business but he must form a proper agreement with the owner where the terms and condition must include the facts of undue influence which must protect him. REMEDIES Remedies Type of Breach Explain Law refer section and define Fact example Actual Actual breach of contract is a part of breach of contract when one party breaches the terms of the contract and not able to satisfy the parties to perform as per the contract. An actual breach occurs when one person refuses to fulfil his or her side of the bargain on the due date or performs incomplete as per the contract. Sometimes, on the due date of performance parties fail to perform their obligations. In such cases, the other party is discharged from the performance of his obligations and can hold the guilty party liable for the breach of contract. X agreed to sell his shop to Y on 21st June. But on 21st June X refused to sell the shop to Y. On Xs refusal to sell the shop, there occurred a breach of the contract. And Y can hold X liable for the breach of contract. But sometimes the party, who has failed to perform the contract on due date, subsequently expresses his willingness to perform the same. In such cases, whether he can perform the contract or not will depend upon the fact whether or not the time was the essence of the contract Anticipatory Anticipatory breach occurs when one party announces, in advance of the due date for performance, that he intends not to fulfil his side of the bargain as per the contract. It occurs when prior to the due date of performance, the promisor absolutely refuses or disables himself from the performance of his obligations. In other words, it is a declaration by one party of his intention not to perform his obligations under the contract. Thus, the anticipatory breach is the premature destruction of the contract which is the repudiation of the contract before due date of performance. The party may treat the contract as discharged and bring an immediate action for damages and treat the contract as operative and wait till the time of performance arrives. X contracted to supply to Y 500 pieces of wine bottle on 5th December 2005. But before the due date of performance, X informed Y that he is not going to supply the wine bottle at all. On Xs refusal to supply the goods, the anticipatory breach of the contract occurs. And Y put an end to the contract. Anticipatory breach is stated. Repudiation Repudiation will be established if the conduct of Party A, whether verbal or otherwise, conveyed to Party B demonstrates Party As inability to perform the contract, or an intention not to perform its obligations. The repudiation depends on the objective acts of the parties where if the Party A was such as to convey to a reasonable person in the position of Party B, repudiation of the contract as a whole, or of a fundamental obligation under it. Repudiation may occur at any time between formation of the contract and completion. A clear inability or unwillingness to perform a fundamental obligation at a stipulated essential time by Party A is an anticipatory breach, entitling Party B to terminate the contract. It should be noted that the repudiation itself does not bring the contract to an end; the innocent party must accept the repudiation and terminate the contract in order to trigger a right to damages. Choose ONE Remoteness - test explained and applied Quantum estimate explain how you decided on this amount Remoteness When any damage or loss occurs in the breach of contract the party who suffered the damages must prove the facts where the damages have occur. The damage can be fixed when the remoteness of damage can be demonstrated. In the famous case of Hadley v Baxendale1 it was found that the party who suffered the loss is not too remote. Here, the party need to prove or establish foreseeable o the damages. The damages can be occur due to the breach the contract and loss should be referred as a direct loss and indirect loss under some special circumstances. The court has declared that the when a party breach the contract, the innocent party can claim the damages where the liable of losses has reasonably foreseeable which is the direct loss. Here, the indirect loss only applicable is according to the demonstration of those losses by the innocent party. The remoteness of damage test only applicable where the direct and indirect losses has been approved. The consequential loss or damage is the alternative terminology to the indirect loss. In Hadley v Baxendale1 case was a example where the remoteness test has been applied. Choose ONE Fact example of when cancellation would apply. Give legal reason including section Explain law for cancellation Fact example When any contract is breached and the party who is the sufferer has financial loss, he r she is entitled to compensation. That person has right to end the contract and the contract allow the cancellation which has several significance to breach the contract. Restraint of Trade Insert your clause here: Factors Explain the application of the factor in your clause. The restraint of trade is defining the clauses where the employees have the allowance to confidential or commercially sensitive business information to start a new business. It prohibits the period after the employee ends their employment Interpretation and common clauses In New Zealand, the Employment Contracts Act 1991 guides employment agreements[11]. It represents the contents of the contracts regarding the employment. The purpose of this Act is to maintain a flexible working environment with multi skilling task and enhance the utility regarding to the performance pay. The Act was enacted in the year 1991. It based on the amicable relationship between employer and employee. There is a provision regarding the negotiation process between the employer and employee and a provision regarding the impact of this Act on the economic structure has been discussed. An interpretation regarding the Act has shown some effects, such as it is an unknown fact that what would happened to the industrial system in the absence of the Act, almost every employment-based factors has a common economic outcomes and it is difficult to identify the importance of these factors or any one of such factors. Essential Clause Application Your clause 1. In Attorney-General of Belize v Belize Telecom Ltd. it was observed that the Employment Contract Act has some essential terms that can be divided into two parts namely, express terms and implied terms[12]. An implied terms is divided into three parts namely terms implied by customs, terms implied by law and terms implied in fact In customary terms, it should be well established that the custom are well known to both the party and they must be certain and reasonable. The customary terms should not oppose the express terms. In Lawrence v Power, it was held that a term could be an implied one even if the parties are completely unaware of it[13]. In New Zealand, the concept of commercial law develops a recognition relating to the large part of custom. 2. The terms relating to statutes are based on some Acts that are contained within the Employment Contract Act. As per the provision of the Act, the statute-based terms are implied within some particular kinds of contract. Sale of Goods Act 1908, Marine Insurance Act 1906, and Property Law Act 2007 are some instances of Acts that consist of statutory terms[14]. In case of determining the factual terms, the Privy Council of New Zealand has categorized some criteria that are the terms should not be unfair in nature. The terms ought not to provide benefit to any one contractual party. The terms of the contract should be relevant one. In case of a business related contract, the terms should be business oriented and should have created a business efficacy. In The Power Co, Ltd v, Gore District Council it was held that the terms of an employment contract should be obvious. The factual terms should be expressed clearly. A. Optional Clauses Application Your clause with reason 1. Rights of the employees In the employment contract, the employees and employers are enjoying reciprocal duties with each other. The Employment Contract Act was enacted in New Zealand with a view to establish a fair working environment in every job-based sector. It is the duty of the employers and employees to act in good faith[15]. An employee has accrued certain rights from either the employment agreement or employment Act[16]. These rights are known as the minimum rights of the employee. Every employee is deserved an employment agreement that need to be signed by both the employer and employee. Those employees who have attained the age of sixteen years are eligible to get minimum remuneration rate for the adult. There should be a ten minutes gap after every 4 hours working period. If the working terms exceed 4 hours, there should be an unpaid meal break for 30 minutes. The employees have a right to get daily wages even on the public holidays. In New Zealand, every employee is enjoying a legal right relati ng to his or her employment. 2. Responsibility of the employers it is the duty of every employer to pay the employees as per the employment agreement. The remuneration should be as per the law[17]. It is one of the responsibilities of the employer to provide every employee four weeks annual holidays in a year. The terms of sick leave that are to be provided to the employees should be at least five days in a year. It is the duty of the employer to act in good faith with the employees and provide them work places that are safe in nature. Employer should not deduct money from the wages unlawfully. It is the duty of every employer to see that the employees should not face any type of harassment during the working hour or in any work place[18]. Harassment resists the free communication within the job sphere. Moreover, the harassment is considered as illegal by the law of New Zealand. B. Minimum Rights explained How this affects your business - Choose THREE to comment on C. Employers responsibilities explained How this affects your business - Choose THREE to comment on Reference Arbel, Yonathan A. "Contract Remedies in Action: Specific Performance." (2015). Astrauskaite, Milda, et al. "Workplace harassment: Deterring role of transformational leadership and core job characteristics."Scandinavian Journal of Management31.1 (2015): 121-135. Barker, David. Law made simple. Routledge, 2014. Barnett, Randy E., and Nathan B. Oman. Contracts: Cases and doctrine. Wolters Kluwer Law Business, 2016. Cardoso, Henriquec Lopes, et al. "ANTE: A Framework Integrating Negotiation, Norms and Trust." Social coordination frameworks for social technical systems. Springer International Publishing, 2016. 27-45. Cooper, Rae, and Marian Baird. "Bringing the right to request flexible working arrangements to life: from policies to practices."Employee Relations37.5 (2015): 568-581. Dawkins, Cedric E. "The principle of good faith: Toward substantive stakeholder engagement."Journal of Business Ethics121.2 (2014): 283-295. Freedland, Mark, et al., eds.The contract of employment. Oxford University Press, 2016. Furmston, Michael Philip. Cheshire, Fifoot, and Furmston's Law of Contract. Oxford university press, 2017. Furmston, Michael Philip. Cheshire, Fifoot, and Furmston's Law of Contract. Oxford university press, 2017. George, Tracey E., and Russell Korobkin. K: A Common Law Approach to Contracts. Wolters Kluwer Law Business, 2016. Haff, Maurice W., et al. "Method, apparatus and system for regulating electronic mail." U.S. Patent No. 9,626,655. 18 Apr. 2017. Humpage, Louise. "A Common Sense of the Times? Neo?liberalism and Changing Public Opinion in New Zealand and the UK."Social Policy Administration50.1 (2016): 79-98. Kelsey, Jane. The New Zealand experiment: A world model for structural adjustment?. Bridget Williams Books, 2015. Lpez, M. Jos Reyes. "Obligations and remedies under a related service contract." European Perspectives on the Common European Sales Law. Springer International Publishing, 2015. 225-241. Mendelson, Danuta, and Ian Heywood. "Minors decision-making capacity to refuse life-saving and life-sustaining treatment: legal and psychiatric perspectives." (2014). Murty, K. S. N. "Some Problems in Formation of Contract." (2015). O'Sullivan, Janet, and Jonathan Hilliard. The law of contract. Oxford University Press, 2016. Robertson, Andrew. "The limits of interpretation in the law of contract."Victoria U. Wellington L. Rev.47 (2016): 191. Samuel, Geoffrey. Law of Obligations Legal Remedies. Routledge, 2013. Shang, Wenfang, and Lei Yang. "Contract negotiation and risk preferences in dual-channel supply chain coordination." International Journal of Production Research 53.16 (2015): 4837-4856. Szczerbowski, Jakub J. "Formation of Contract." European Perspectives on the Common European Sales Law. Springer International Publishing, 2015. 37-44. Tang, Zheng Sophia. Electronic consumer contracts in the conflict of laws. Bloomsbury Publishing, 2015. Toussaint, Nigel D., et al. "Implementation of renal key performance indicators: promoting improved clinical practice."Nephrology20.3 (2015): 184-193. Townley, Anthony, and Mehdi Riazi. "Analysis of authentic legal negotiation: Implications for teaching contract negotiation to undergraduate law students." International Journal of Language Studies 8.4 (2014). Turner, Chris. Unlocking contract law. Routledge, 2013. Wang, Faye Fangfei. Law of electronic commercial transactions: Contemporary issues in the EU, US and China. Routledge, 2014. White, Douglas. "A Personal Perspective on Legislation: Northern Milk Revisited-Soured or Still Fresh."Victoria U. Wellington L. Rev.47 (2016): 699. [1] 9)Szczerbowski, Jakub J. "Formation of Contract." European Perspectives on the Common European Sales Law. Springer International Publishing, 2015. 37-44. [2] Murty, K. S. N. "Some Problems in Formation of Contract." (2015). 10)Murty, K. S. N. "Some Problems in Formation of Contract." (2015).[3] [4] Wang, Faye Fangfei. Law of electronic commercial transactions: Contemporary issues in the EU, US and China. Routledge, 2014. [5] Wang, Faye Fangfei. Law of electronic commercial transactions: Contemporary issues in the EU, US and China. Routledge, 2014 [6] Haff, Maurice W., et al. "Method, apparatus and system for regulating electronic mail." U.S. Patent No. 9,626,655. 18 Apr. 2017. [7] Wang, Faye Fangfei. Law of electronic commercial transactions: Contemporary issues in the EU, US and China. Routledge, 2014. [8] Mendelson, Danuta, and Ian Heywood. "Minors decision-making capacity to refuse life-saving and life-sustaining treatment: legal and psychiatric perspectives." (2014). [9] Townley, Anthony, and Mehdi Riazi. "Analysis of authentic legal negotiation: Implications for teaching contract negotiation to undergraduate law students." International Journal of Language Studies 8.4 (2014). [10]Turner, Chris. Unlocking contract law. Routledge, 2013. [11] Freedland, Mark, et al., eds.The contract of employment. Oxford University Press, 2016. [12] Robertson, Andrew. "The limits of interpretation in the law of contract."Victoria U. Wellington L. Rev.47 (2016): 191. [13] Toussaint, Nigel D., et al. "Implementation of renal key performance indicators: promoting improved clinical practice."Nephrology20.3 (2015): 184-193. [14] White, Douglas. "A Personal Perspective on Legislation: Northern Milk Revisited-Soured or Still Fresh."Victoria U. Wellington L. Rev.47 (2016): 699. [15] Dawkins, Cedric E. "The principle of good faith: Toward substantive stakeholder engagement."Journal of Business Ethics121.2 (2014): 283-295. [16] Cooper, Rae, and Marian Baird. "Bringing the right to request flexible working arrangements to life: from policies to practices."Employee Relations37.5 (2015): 568-581. [17] Humpage, Louise. "A Common Sense of the Times? Neo?liberalism and Changing Public Opinion in New Zealand and the UK."Social Policy Administration50.1 (2016): 79-98. [18] Astrauskaite, Milda, et al. "Workplace harassment: Deterring role of transformational leadership and core job characteristics."Scandinavian Journal of Management31.1 (2015): 121-135.

Monday, December 2, 2019

Service organisation Duke Childrens Hospital

Introduction The reason for conducting this research is to understand how service organisations embrace Customer Service Management (CSM). My research topic is customer service management in service organisations. CSM covers customer satisfaction, service quality, brand loyalty, relationship management, process, people and physical evidence. The service organisation which is under study in this research is Duke Children’s Hospital.Advertising We will write a custom research paper sample on Service organisation: Duke Children’s Hospital specifically for you for only $16.05 $11/page Learn More Literature Review Relationships Management An organisation is a group of people who work together with coordinated efforts to achieve certain objectives or goals. Organisational goals and objectives are of various categories and it is this variation of the goals and objectives which classify organisations into three main categories namely profit making; service based and social responsibility based organisations. Management is about planning, coordinating and controlling organisational resources so as to facilitate the achievement of organisational goals and objectives in an efficient and effective manner. The nature of management therefore only allows for the top leadership of an organisation to act as the drivers of the organisation in a way which facilitates the organisation to achieve its goals and objectives, including the management of organisational change (Murray, Poole Jones, 2006, pp.45-69). Relationship management is the coordination of the interactions which take place within an organisational setting. The aim of relationship management is to foster excellent communication based on mutual understanding. Relationship management also aims at ensuring that employees of an organisation relate with each other well. It aims at minimizing any friction between employees, which may lead to poor service delivery (Karimi, Somers Gupta, 2001). Organisations need to manage the relationships especially between the upper level management and the lower level or junior employees. Organisations which aspire to attain their objectives usually follow the human relations approach to relationship management as opposed to the scientific approach, which sees employees as tools to be managed to produce desired outcomes.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The human relations approach to relationship management on the other hand views employees as social beings with feelings, and therefore the need of handling them with courtesy (David,1989), Customer Satisfaction This entails providing goods and services which match customers’ needs and purchasing power. Customer satisfaction is also the ability of an organisation to meet the needs of the customers. Customer satisfaction involves providing goods and services of high quality in an efficient manner. It also involves the pricing of the goods and services in a manner which is friendly to the customers. Customers derive their satisfaction from a product or a service of if the product or service is worth the amount of money the customers pays for the same (Cheung Lee, 2003). Brand Loyalty A brand is a qualifying aspect of a product or service. Organisations brand their products and services with a view of capturing the attention of potential customers. Brand loyalty refers to the extent to which customers have passion and interest in a particular product or service due to the way the product or service is branded (Tompkins, 1998). High brand loyalty means that the customers prefer that product or service over all the others. Low brand loyalty means that the passion of customers in a particular product or service is not guaranteed and the customers may be easily swayed to purchasing other products or services. Service Quality This i s the provision of high quality services by an organisation. Focusing on quality aims at ensuring that customers get the value of their money in any service provided to them. Service quality is related to an organisational overall strategy in that high quality goods and services would enables an organisation increase its customer satisfaction. This leads to increase in sales and enables the organisation to meet its financial objective of expanding to new markets (Carraher, 2005).Advertising We will write a custom research paper sample on Service organisation: Duke Children’s Hospital specifically for you for only $16.05 $11/page Learn More Process This refers to the activities which take place in the provision of services. Good processes are the ones which focus on quality as well as those which allow for the efficient utilization of resources by an organisation. Good processes are not complex but are easy to adopt and change depending on the sit uation (Carraher, 2005). Processes include things like administration, type of resources used either manual or technological, monitoring and evaluation and feedback analysis. Good processes enable organisations to not only satisfy the customers but also create a good working environment for the employees, thus maximizing their productivity (Michael Ferrell, 1996). People In an organisational context, people are taken to mean employees and the stakeholders of an organisation. An organisation must ensure that it puts in place a good public relations strategy so that it can gain good reputation both among the employees and the stakeholders. Organisations should labour to ensure fair employee practice as well as corporate social responsibility to foster its relationship with its external environment (Parasuraman valerie, 1985). Physical Evidence This refers to verifiable indicators of an organisational functions and processes. Organisations operate in real world not in virtual space a nd to this regard; there must be an evidence of the success of the organisations. Some of indicators of organisational success include growth and expansion, customer satisfaction, increased customer base, good reputation of an organisation as well as other indicators such as mergers and acquisition, and internationalization of an organisation (Lee, 1996). Methodology Research involves collection of data, facts and information for various social, political and economic purposes. In collection of data, various research designs are utilised. Qualitative method uses samples of the population to represent the whole. Data collected is non-numerical and descriptive in nature.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Quantitative research method on the other hand is concerned with quantification of social phenomena, and usually deals with large or whole populations. Data is collected in statistical or numerical form. Qualitative and quantitative research designs are sometimes used as a continuum in that they complement each other (Newman Benz, 1998). In this research, the methodology used was that of interviewing. Apart from interviewing, I also read about the organisation’s customer service management practices in its website. Interviews involved the mailing of questionnaires to the Dukes’ Children’s Hospital managers through their email addresses. The questionnaires were designed so as to get the views of the managers in regards to the issues of customer service management in their organisation. The interview comprised ten heads of operations, either current or former employees of the hospital located in various locations or branches of the hospital. Their names and conta cts were obtained from the company’s employee’s data base. After getting the names and their contacts, they were requested to participate in the interview at their will, which they consented to. They were explained about the purpose of the interview and assured that the information was to remain confidential, and would not be used to accord or deny them any privileges as employees or former employees of the organisation. They were also guaranteed anonymity in the analysis of the information which they gave. This was done so as to ensure that they participated in the interview without any form of biases. A copy of the questionnaire attached as an appendix. Limitations of the methodology One limitation of the method was that some questions were retuned unanswered, especially because the participants did not understand them. This was because there was nobody to give clarifications on the questions and also to probe to get the meaning of the participants. The other limitat ion was that some of the participants did not receive the interview because it went to the spam instead of the inbox. Due to this, three out of ten participants did not actually participate in the interview. This compromised the validity and reliability of the survey. How Dukes children’s hospital has implemented CSM From the data obtained from the interviews, it emerged that the internal business process which Duke Children’s hospital focused on in the development of the balanced scorecard was quality improvement. This was aimed at ensuring that the hospital improved its quality of performance; so as to improve the stakeholder relationship. One of the measures taken was to introduce the use of technology in its services, especially in data and information management in the organisation. The organisation introduced a system which linked the payers and the other staff who dealt with the clients directly. The system involved the generation of an automated data base for a ll the clients. This data base comprised of information for all the clients including their date of birth, type of service they received, their diagnosis, policy number and the physician who attended them. The system was designed in a manner that after the processing of client’s details, they were faxed directly to the payers, who faxed them back immediately together with the notification number. The aim was to increase the number of notifications per hour and reduce the time for each notification. Another process was the alignment of the clinicians and the administrators, to enable them work on a single platform of enabling the organisation attain its mission and vision. Their alignment however led to a gap in communication between them, especially in regards to the issue of how to implement the balanced scorecard whereby the administrators felt that they still had a bigger say in its implementation than the other staff; but with time, the gap was eventually bridged through sharing information on how best to implement the balanced scorecard and the role to be played by each and every employee of the organisation. In order to improve on quality, the organisation introduced a training system, which was employee tailored. There were training for the nurses, the clinicians and the administrators on how to improve on quality. Each of them was trained on service delivery as well as on team work and how to relate well with others in the workplace. The overall objective was to create an organisational culture which enhanced learning from each other so as to improve the quality of services offered by the organisation. The research also discovered that the organisation was using an automated system which enhanced the efficiency of the organisation by reducing the rate of denial by the payer from 15% to 1% or less. By so doing, the organisation increased its efficiency. The patients were also happy with the idea because it reduced the time they spend before being attended to. This led to an increase in customer satisfaction of 4.7, up from 4.3 on a 5.0 scale. The hospital also reduced its cost per case form $14, 889 in 1996 to $ 10,500 in the year 2000. The alignment of the administrators and the clinicians also led to the increase in the net margin from -$11 million in 1996 to+$4 million in the year 2000. The training of the staff (the nursing unit) improved their performance from 71% in 1996 to 100% in the year 2000. The creation of an organisational culture which enhanced learning improved the staff satisfaction from 1.5 in 1996 to 4.0 on a scale of 5.0 in the year 2000. This staff satisfaction was accompanied by improved staff performance, which led to a decline in the rate of readmission of patients from 7% in 1996 to 3% in 2000 (Niven, 2006). Conclusion The paper was a research based on the topic of customer service management in service organisations. The organisation which the research was based on is Dukes children hospital. Some o f the customer service management concepts discussed include relationship management, service quality, people, and process among others. The research used electronic questionnaires emailed to the staff of the hospital. The analysis of the information indicates that the hospital has managed to effectively enhance customer service management, especially in the area of efficiency and quality improvement. However, the organisation needs to do a lot to boost its relationship with the social environment because nothing it has done as far as corporate social responsibility is concerned. Reference List Carraher, S. M 2005, Customer service management in Western and Central Europe: a concurrent validation strategy in entrepreneurial financial information services organizations, Journal of Business Strategies, Centre for Business and Economic Research, Volume: 22. Cheung , C.F Lee, W.B 2003, A multi-perspective knowledge-based system for customer service management, Expert Systems With Appli cations, Vol. 24, issue 4. David. E. B 1989, A Framework for analyzing customer Service Orientation in Manufacturing, The academy of management review, vol. 14, No1. Karimi, J Somers, T.M Gupta, Y.P 2001, Impact Of Information Technology Management Practices On Customer Service, Journal of management information systems Issue: volume 17,No.4. Lee, H 1996, Effective Inventory and Service Management through Product and Process Redesign, Operations Research vol. 44 no. 1 151-159 Michael, D Ferrell, O.C. 1996, the management of customer –contact service employees: an empirical investigation, Journal of marketing, Vol. 60, No4. Murray,P, Poole, D Jones, G 2006, Contemporary issues in Management and Organisational Behaviour, Cengage Learning, Farmington Hills, MI, pp.45-69. Newman, I Benz, R 1998, Qualitative-quantitative research methodology: exploring the interactive continuum, SIU Press, Wien. Niven, P.R 2006, Rati Balanced scorecard step-by-step: maximizing performance and maintaining results, 2nd edn, Wiley, Hoboken, N.J. Parasuraman, A valerie A 1985, A Conceptual Model Of Service Quality And Tits Implications For Future Research, Journal Of Marketing, Vol.49, No, 4. Tompkins, J,A 1998, The warehouse management handbook, 2nd edn, NC Tompkins, Raleigh. 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