Monday, January 27, 2020
Abstract Benefits Of Corporate Social Responsibility Commerce Essay
Abstract Benefits Of Corporate Social Responsibility Commerce Essay Corporate Social Responsibility is a term that has been very popular recently. It represents the obligation of an individual, or in this case an entity, to benefit to society. There is no longer consideration for profit only. Today society demands from companies to take care of them and the environment in which they operate. In simple words, Corporate Social Responsibility is a way of doing business by combining economic benefit with sustainability of the environment. Companies may contribute to environment in many ways among which there are: protection of the environment, by investment in social, educational or cultural programs or by getting the return on employed human resources. This paper analyzes the concept of CSR and it explains benefits that company may get if it pursues Social Corporate Responsibility. Key words: business, company, corporate social responsibility, corporate strategy, environment, profit, society. CHAPTER 1 INTRODUCTION Corporate Social Responsibility (CSR) is a part of business ethics. Ethics represent the process of doing things that are morally correct. By CSR, companies are trying to maximize their positive impact on society and to minimize the bad one. CSR is very important to consumers all over the world. Increase in pursuing the products with green characteristics is one fact that proves it. Previously, in time of communism (social economy), social responsibility and increase of living standards were basically the government issues. By accepting the open (market) economy and privatization of the companies, this also became the issue of those who operate in the market. Another reason is that people demands are much higher nowadays and government cannot deal with all of it. Companies also saw their chance of being different by pursuing certain so called socially responsible policies. Today, CSR represents a way of differentiation, a way of gaining competitive advantage in the market. Two main q uestions for the companies that apply corporate social responsibility are the quality of the management and the degree of impact of their operations on the society. The general social belief is that companies are the ones who created environmental and social problems by their tenure of people and nature through the centuries. This is the reason why they are perceived as those who are responsible for these issues. Francois-Marie Arouet known as Voltaire (1832) was a writer, and according to certain evidences, he was the first one that used well known phrase with the great power comes great responsibility. Later on, many artists, politicians and other people used this phrase in their speeches and it became a normal phrase for responsibility. In modern economy companies have the power so they should be responsible behavior toward the society in which they operate. CSR may be seen as topic that is a new one, but this concept was developing through many years. After the Second World War, people started to put attention on the issues of environment and social situation. From several influences, companies also started to think about this concept. Through the years, this concept became important not just for people in society, but also for the companies. Today, they see it as way of diversification on the market. It is become a tool to attract and retain the customers. Being socially responsible also gives trust to investors, and more of them are willing to invest in corporation with ethical principles. In the near future, it is expected for this tool to become a separate strategy by which corporations will be guided. 1.1 Objectives of the study The CSR is a very important topic and issue in today world. Many conferences are done on these issues in order to raise awareness and to make programs and mechanisms to deal with it. For the wellbeing of not just certain societies, but also for the whole planet, it is out of essential importance that companies start to use the concept of Corporate Social Responsibility in order to make the environment sustainable. The core of this paper is to reach several objectives. First one is define concept of CSR and those related with it. The paper will provide the information about development of this concept and what does it mean to today business world. Second objective is to analyze benefits that company gets by having social responsibility towards its community. Furthermore, it shows the potential threats when applying the CSR and it show negative the consequences that may come from avoiding social responsibility. Final objective of the paper is to show the challenges that societies and corporation are facing in the modern economy. 1.2 Significance of the paper The main significance of this paper is that it shows the reasons why to apply CSR and why it is important to the consumers. Further, this paper provides several real examples related to the concept. It represents a quality literature on the topic and may be used for other researches in the future. The main findings and information that are provided may be useful for students, academic staff and businesses. 1.3 Structure of the paper The paper is constructed out of nine chapters. First chapter, which is introduction, explains the topic, reasons and purpose of the paper. Chapter 2 deals with previous literature on the topic. Literature is based on definitions of CSR and relationship between CSR and business performance. In chapter 3, historical data has shown. By this chapter, paper provides information on how development process of CSR was done, which events have influenced people to start thinking about it and what obstacles it faced in its way toward the concept that is known today. Information about the approaches, principles and types of modern CSR are provided in chapter 4. Chapter 5 shows how CSR can be implemented as a strategy and additionally this concept shows the corporate manager tasks. Comparative assessments about potential benefits and costs of this CSR are provided in Chapter 6. In chapter 7, paper shows the main reasons why companies decide to implement CSR and how do they act in the market. Chap ter 8 deals with new challenges that are present in the market. Here, it may be seen how globally powerful company may use weak economies in order to gain benefits for themselves. Conclusions about the topic are given in the final chapter. CHAPTER 2 LITERATURE REVIEW 2.1 Definitions on CSR Even if concept of CSR is a modern one that started to create a real shape few decades ago, some initial literature and papers that were including parts of this concept are dating from an earlier period. Barnard (1938) defined this concept as analysis of five aspects of environment: economic, legal, moral, social and physical. According to Carroll (1983) profitability and obedience to the law are foremost conditions when discussing the firms ethics and the extent to which it supports the society in which it exists with contributions of money, time and talent. He assumes that corporate responsibility goes far beyond the pure profit and that therefore it should take into consideration other aspects, mainly the social ones. Because it includes corporate citizenship, corporate sustainability, business ethics, shareholders management, environmental management, and corporate social performance, Visser (2005) defined CSR as an umbrella concept. According to Waldman (2006), company that practices CSR is the one that invests in employee development and empowerment. It is a company that shares information with its employees in order to give them better knowledge, so they could progress at the work. Guthey, Langer, Morsing, (2006) called CSR as latest management fad, which is referred to the fact that this concept should be developed even more in the future. 2.2 Relationship between CSR and business performance As a time passed, and concept has been developing and started to be used the relationship among the CSR and business performance has been changing. Previously, due to different economic regimes in the world, it was hard to find the evidence on relationship among these concepts. Even in certain cases, there was a negative relationship meaning that the money that company invests does not give returns. However with open economy and open competition positive relationship is the one that researches find mostly. Nicholas Overton (2009) in his dissertation wrote the following: even though some studies postulated a negative relationship (e.g., Vance 1975) or no relationship (Aupperle et al, 1985) between the Corporate Social Responsibility (CSR) and business performance, more recent studies provided the empirical evidence that there is a positive relationship between those two constructs (Abratt and Sacks 1988, Russo and Fouts 1997, Waddock and Graves 1997). Miles and Munilla (2005) explained the reasons of using CSR model through the table which holded Van Marrewijk (2003) framework and Carroll (1991) pyramid. There are many benefits that can be obtained from applying the concept of CSR. Detailed information are provided in the main part of the paper. CHAPTER 3 DEVELOPMENT OF CSR Corporate Social Responsibility is often interchangeable with corporate ethics, corporate accountability or corporate responsibility. 3.1 Historical facts on CSR History of CSR is closely related to the history of the companies. Some specialists in the field of social responsibility, link the origins of concept of CSR with an ancient times. According to them, countries that were dealing with trade such as ancient China or Egypt, were putting importance on wider public interests. Through the time, this concept was evolving and while companies were establishing themselves as market driving forces, importance on social responsibility was slightly growing. Through the years many slaves were used. Children, women and men were all working for many hours in order to produce resources that owners needed. Many people died and got injured on their work places, while others were tortured. Among the first biggest events that showed that CSR is important is related to the end of 18th century and British riot against British West Indian Sugar Company. The reason was the slave trade and more than 400.000 of people signed petition against it. The first legislative body that made decision about ending the slave treatment was British Common House in 1792. Certain advance in the field of CSR was started in 19th century, simultaneously with Industrial Revolution. This was a time when many people started to work and being paid for it. This period may be described as the one of transition in people life; both in working and demographic conditions. However, CSR still was not represented as it should. In this time, the leaders of corporations were the leaders of societies. Most of them were using Social Darwinism as a policy to rule. This policy is related to selection and survival of the strongest. That was the way how companies acquired workforce. People were used up to the limits and certain social giving were done by subjective beliefs or will of the owners. From this, it can be concluded that approach to the society was not the company ones, but rather the individual. With the new (20th) century, the situation was starting to change. Many riots were happening and mostly the reason was dissatisfaction with working conditions. Large corporations were perceived as exploitative ones. These riots were resulting in new laws that were aimed to protect workers, societies and consumers. These were the first significant facts that were indicating to the future CSR model. In the following period, companies strategies were changing from purely profitable one to the strategies that were now looking to society and taking into consideration some other responsibilities toward the environment in which they were operating. The mid of the century was characterized by civil right movements throughout the world. The results were not the same in each country, but what is common for all is that these actions lead to certain improvements in laws. The focuses of people dissatisfaction in that period were once again the large corporations. From them, it was demanded to be more socially responsible. This was mostly related to the two facts; that corporations were mostly the cause of societal problems and that they had the possibility to entail themselves in solving those problems. People were demanding equal job opportunity and safety for environment, products and workers. All these initiatives are representing the large part of today phenomena known as Corporate Social Responsibility. In this period the line between traditional and modern approach to CSR started to be drawn. From traditional approach, that was representing the interests of the owners and stockholders, CSR started to represent wider public interests such as stakeholder (workers, consumers, inhabitants, and environment. 3.2 Sustainable Development The important thing that happened in the following period, and is hugely important today is Sustainable Development. In 1987, UN committee defined sustainable developmentà as a pattern of growth in whichà resourcesà use aims to meet human needs while preserving the environmentà in the way that these needs can be met not only for current situation, but also for generations to come (UN, 2012). It represents holding the balance among consumption, savings and regeneration of all our resources because not only current but also coming generations will be dependable on them. Sustainable development is a process of change and it has to start from each individual and it continues by transmitting it to each area of our lives. International Institute for Sustainable Development (IISD, 2012), states that all definitions on sustainable development require that we see the world as system a system that connects space; and system that connects time. According to this institute, process of SD is constructed around two key concepts. First one represents the needs of poor part of the world, low budget people and those who live in regions where there is no or very little life resources. In year 1970, World leading countries made an agreement to allocate 0.7% of their total gross national income in order to help those countries which were struggling. Second concept represents ability of planet to meet future generations needs. Sustainable development represents a system of interrelated global issues that in future could threat to total collapse of the planet if people do not act in the present. On this definition, all international polices related to protection of environment are built. Since 1992 and a conference in Rio de Janeiro sustainable development became a leading term in field of politics about environment. From this point there is much clearer relationship among environmental, economic and social problems. Sustainable development implies: Consolidated use of resources Consolidated investments Consolidated technical development Consolidated institutional changes During the process the understanding of sustainable development has been spread to two more fields: economic and social. All three are making so called magic triangle of the process. From the figure above, it can be seen that only in a case when all three dimensions are satisfied, or that problems are being solved at the same time, country can reach sustainability. Corporate Social Responsibility (CSR) is an issue that is working its way into many policy debates and corporate agendas. CSR is an evolution in the approach towards sustainable development; while the 1992 Rio Earth Summit focused on environmental management, the 2002 World Summit on Sustainable Development (WSSD) focused on a broader set of issues, including poverty reduction and social development. (IISD, 2012). Here, it may be seen how issue become important for the countries and how much importance is given to the topic. Now, people are aware of potential threats to the earth and they are trying to develop programs that may help in sustainable development of the world. CHAPTER 4 CONCEPT OF CSR 4.1 Approaches to CSR There are several perspectives from which people, organizations and governments look at CSR. According to Marrewijk (2003), there are three basic approaches to the CSR that were developed through the time. Shareholder approach refers to the one that is based on economic reasons. Main idea behind this approach is to maximize profit and to prong benefits to those who own the company. The centre of the approach is the company and its future. Those who manage should focus on well being of the company, to strength it and to find the way for improvement and expansion. Stakeholder approach refers to the approach that includes certain others parts of the company that are also important. This approach does not see its owners as the only ones that are important, but also puts importance on other stakeholders such as employees, customers, partners and others. It is taught that each actions of the company does not affect just the company itself, but also other entities that are connected to it. Societal approach refers to the wider approach of all. It puts importance of companys responsibility toward the society, because without society approval company could not operate. This modern approach shoes that company is fundamental part of the society so they should support and invest in it. When summing all, it can be distinguished that Shareholder approach is the oldest and the strongest one. If there is no will for profit neither of the other two approaches may be used. So, company should apply all of three approaches in order to satisfy each side that is affected by its actions. 4.2 Principles of CSR CSR is among top issues in the current corporate world. As already stated there are two sides of public view regarding this concept; one side is the one which supports it and the other one is against it. In order to evaluate CSR activities, in most cases, three principles are used. Sustainability as a principle deals with the effects that current actions have on future. Resources should be used in a way that they satisfy the current needs and that they will be there in a future. The best way to explain this principle is the example of forestry. For each action of cutting trees there should be an action of planting the new ones, in order to have those resources in the future. The big issue with this principle is related to the resources that cannot be planted such as coal, silver and others. Sustainability dictates that those resources should be used carefully and that programs should be developed in order to find substitutes that could be used in the future, when there are no more supplies of certain resource. Companies that do not care about sustainability will not survive in the future. If company represents the vital part of current economic system, it therefore should use the resources in the amounts that can be generated. Accountability refers to the principle by which company shows that they are aware of the effects that their actions may cause in internal and external environment. The most appropriate way of using this principle is to give knowledge to the parties which are part of environment (both internal and external) about the possible consequences of companys actions. Further, this principle may be described as a system of evaluating and reporting of measures taken regarding the actions done in the environment. In any case, benefits that are gained from those actions must be above the costs, for the company and society. Report should be understandable and available to all parties included and they should represent the situation as it is (information should be correct). Information should include quantitative and qualitative data and it should be explained in a way that ordinary citizen may understand it. Transparency refers to the process of providing the information to the society about companys business, results and others. This is especially important for the actions that affect the society. This principle may be described as the one that follows the previous two principles. It represents the process of societys familiarization with business of the company. If company uses transparent policies and ways of reporting, it is easy for people to get knowledge about sustainability and accountability of the company. As already stated, all principles are taken from CSR framework and that is why there is importance on corporate governance. 4.3 Types of CSR As the companies see CSR as diversification tool, they engage in many different areas by which they try to get more benefits. Carroll (1979) argued that companies have to look outside of their core responsibilities (economic and legal). In his work from 1991, he added two more responsibilities that each of the company has to take into consideration. Based on this, and further discussions, today Corporate Social Responsibilities is constructed out of four main responsibilities. 4.3.1 Economic area Through the history, the main responsibility of each company was to maximize the profit which means that they must reach their financial goals. This responsibility is called economic or financial one. It represents the most important responsibility of the company. Everything is dependent on this process (produce and sell). In order to be able to fulfill any other of the responsibilities, this one has to be satisfied, either company faces crisis, which may results in many negative events in the society. Based on everything stated, economic responsibility is at the bottom of the pyramid, since business which does not gain profit, does not stay in the business for long. 4.3.2 Legal responsibilities Economic responsibilities have to be reached in accordance to the law and regulations of the society in which company operates. So, corporations are operating in accordance to the rules imposed by the governments. Those companies who gain economic benefits with obeying laws are perceived as socially responsible. Customers perceive those companies responsible in the way that they believe that those companies use quality materials and production processes that pass minimum legal requirements and that their final goods are safe and will not harm the environment. 4.3.3 Ethical area of responsibility Those companies who are believed to be ethical are expected to do the right things for the society. Society expects them to reach their financial goals by doing it in a right way. Companies should avoid the actions that are against the society norms even if they are not forbidden by law. If we take an example of less developed countries that have not strict laws about environment protection, it is still not good for the companies to use it and harm society. 4.3.4 Philanthropic responsibility This area of responsibility represents the one where investments are made in society in which company operates. Philanthropic responsibility gives big credibility to the company. Society expects from those successful companies to invest the money in projects that brings benefits to them. Most investments are done in educational and scholarship programs, cultural programs, renovation of certain institutions, green fields, parks, sport centers and clubs and others. Based on these types it may be assumed that there are two forces that drives social responsibility: company and society. Economic and legal responsibility are more important for the company, while on the other side, society perceives ethical and philanthropic responsibility as the important ones. However, all of them combined make one important part of the society and each should contribute to the other. CHAPTER 5 CSR AND MODERN BUSINESS Strategy is a Greek word that has meaning of command or generalship. This term is known from ancient times, where battles between empires were done. This is mainly known as military strategy that is even used today. On the other hand, strategy is used in any other part of life. Corporate strategy is referred to the overallà scopeà andà directionà of aà corporationà and the way in whichà itsà variousà business operationsà workà together toà achieveà particularà goals. (Business dictionary, 2012) Those who are charged for implementing of these types of strategies are managers of the corporations. Drucker (1986), sometimes called as a father of manager, defined the management as independent of ownership, rank, or power. It is objective function and ought to be grounded in the responsibility for performance. It is profession; management is a function, a discipline, a task to be done; and managers are the professionals who practice this discipline, carry out the functions, and discharge these tasks. 5.1 Principles of business process Drucker (1954), in his book Practice of Management, defined five main principles of management that are widely used today. According to him, manager or group of managers as leaders in implementation of a corporate strategy should deal with following five tasks. Set objectives This refers to responsibility of manager to identify what are the objectives of the company. Then, manager determines goals as a part of objectives, it opts for the ways by which those objectives should be accomplished and it introduces the people (workers) that will be part of implementation process with the objectives in order to have efficient work. By this, manager reduces possibility of future misunderstands of employees. Organize This part is related to the analysis of the decisions and activities related to purpose of the company. Further, manager divides work into activities and assigns people for each job. Through classification, these jobs become a part of organizational structure. Good organization prevents time consuming, saves money, makes more relaxed atmosphere and it gives more time to managers that can be used in the implementation process, which at the end demands the most commitment. Motivate and communicate This refers to the most difficult part of implementation process. Manager needs to be the one that starts the engine, the one that puts fuel in it. Team of people that were chosen for the job must be motivated. This is done through several ways such as pay, placement and promotion. The important part here is continuous communication with upper and lower levels of the company. Through this, manager gathers information and slightly directs people in a way that he desires. In modern organization, motivation is playing a big role. It is believed that through motivation several benefits can be obtained such as increased efficiency, easier way to reach objectives or better relationship among employees. Measure This is a part through which manager follows the process of achieving the goals and objectives. Two main part of process are evaluated: the process itself (is it a good one) and employee assigned for the task (are they perform well). So, manager analyzes progress and writes reports that are submitted to the parties involved in the process (superiors, subordinates and others). Also, good monitoring process give possibility to managers to react and prevent further damages, in cases when process goes in the wrong way. Develop people Since, especially today, people represent one of the most important part of the company their development is important. Modern, knowledge economy demands from people to upgrade their knowledge and skills each day and that they follow the current trends. This applies to the employees at all companys levels, including managers. Tomorrow, when company needs people for certain position it is much easier and safer to choose from its own pool than to bring someone from outside. The traditional way of management (business) planning is constructed in a very similar way. From the figure above we may see two additional circles to Drucker theory. While FIVE of his principles are sorted in four circles, there are two other steps that are included at the start and at the end of a cycle. First one is to gather information which is mostly related external information (market, law, competition). This step helps managers to assign better and more feasible objectives and goals for the company. On the other hand, evaluation plan refers to the step of having feedback, which is used in order to stop or modify the initial planning process. 5.2 Business as corporate strategy Today, CSR is referred as an integral part of corporate strategy. In the future, it is believed that it will be a separate strategy that may be ruled by independent department. To be profitable each part of business must be carefully measured. CSR gives certain direction, or maybe it is better to say that it gives certain performance indicators which create standards for the business. There are many examples of corporations that integrated CSR as a strategy into their business. Some of them are supporting educational programs, some of them cultural some of them are related to the environment. Nestle Company, from Switzerland, deals with production of healthy and nutritional products. Founded in 1866, today this company reports the highest revenues in the world. Among the most known products are Nesquik, Nescafe and KitKat. According to them, they incorporate CSR in order to get best ingredients for their products. It is done through continuous work with their supply chain throughout the world. They try to use the best technologies and practices which give them results of high quality products, loyalty of their suppliers and sustainability. Ethical behavior of top management is very important since it reflects the ethical culture of the company. According to Business Case Studies (2012) ethical behavior may: attract customers to the firms products, thereby boosting sales and profits make employees want to stay with the business, reduce labor turnover and therefore increase productivity attract more employees wanting to work for the business, reduce recruitment costs and enable the company to get the most talented employees attract investors and keep the companys share price high, thereby protecting the business from takeover. Managers represent the company and they behavior reflect companys image and reputation. Those who avoid this behavior, sooner or later, will face consequences of it such as customer disloyalty or sales and profits decreases. Case provided below shows how corporate unethical behavior can damage the business. From the case above, it may be seen how business ethics should not be applied. Because of this, Enron Corporation went to bankruptcy and if we take the example that somehow they survived this scandal, their reputation would be destroyed, providing them very low possibilities to continue the business (with customers and partners). Similar case, we have with so called Greek crisis, where government officials used so called creative accounting in order to cover bad countries financial situation. Such frauds and collapses of the some biggest corporations in the world have put even more importance on CSR framework. So, each manager should put attention on his behavior in the business. As ethical behavior is to do what is morally right, every individual in the business should try to maximize its efforts to do it like that. This is not just pure theory, but certain researches have shown positive rela
Sunday, January 19, 2020
Dealing with a Disability in the Hospitality Industry
Dealing with Disability This report concentrates on the effects of dealing with a disability in the Hospitality and Tourism Industry. There are many ways how disabled people can be affected in this area such as discrimination in employment, discrimination in being the customer, false advertisement and lack of support and facilities in the business. Whether itââ¬â¢s a mental disability such as dyslexic or a physical disability such as partially-sighted it can have an effect on both.For many in the tourism and hospitality world disabled people means wheelchair users, it's worth pointing out that the Disability Rights Commission estimates that wheelchair users represent less than five per cent of disabled people (about 450,000). The industry should also be aware that disability includes facial disfigurement, those who have allergies and the estimated one in seven people who have a mental health problem each year. Statics show: Current estimates suggest that there are over nine millio n disabled people in the UK, some 15% of the population or to more than the combined populations of Scotland and Wales. Associated essay: Relationship Between Tourism and HospitalityThis figure includes 6. 5 million people of working age who have a current long-term disability or health problem, 8. 7 million people who are deaf or hard of hearing, an estimated 1. 8 million blind or partially-sighted people, 18,000 people who are regular Braille users and 400,000 people who have a learning disability. In one sense, the tourism and hospitality sectors are already catering for customers with a wide variety of disabilities but they often do this unwittingly, given the fact that many disabilities are not immediately obvious.There are many famous people that suffer with some sort of disability such as Ludwig Van Beethoven that suffers from deafness. Beethoven is widely regarded as one of the greatest composers in history. Christy Brown an Irish Author, Painter and Poet is another famous disabled person. He was disabled by cerebral palsy and was incapable for years of deliberate movement or speech. Many disa bled people donââ¬â¢t have as much confidence as a non-disabled people and this is where they forget about famous people who made it very far in life.Many disabled people find it hard to find the right accommodation to suit their needs and find an accommodation with the right facilities for them. Many examples of the right facilities could include wheelchair ramps, wheelchair accessibility in the hotels public area (e. g. swimming pool and dining area), verbal announcements on the elevator, Handrails in bathrooms and width of doors etc. Some businesses in the hospitality industry that are lacking in this lose guests/customers without even noticing.False advertisement is also used here for example when hotels state that they have disabled or limited mobility facilities in brochures and online but they actually donââ¬â¢t have these facilities in the hotel. ââ¬ËDisabledGoââ¬â¢ is an award-winning disability organisation that provides online access guides. Its website is des igned to help disabled people find what they are looking for e. g. hotels, restaurants, cinemas, tourist attractions and many more. Sites like these can be a great help. Bibliography: http://listverse. com/2010/01/18/top-10-extraordinary-people-with-disabilities/ http://www. disabledgo. com/
Saturday, January 11, 2020
Critique Rocky Horror Picture Show
This show revolutionized interaction and participation with the audience during shows. Who is the protagonist? How did you know this? Give examples. Brad Majors and Janet Weiss. The play was based on the events that Brad and Janet experienced. When Brad and Janet went to the castle to use the phone. Brad and Janet were taken to the lab to take off their wet clothes. Who is the antagonist? How do you know this? Give examples. Dry. Frank N. Further. Dry Frank has a lot of conflict In the show. He has conflict with Brad and Janet when they try to leave the castle.He also has conflict when Riff Raff and Magenta when they try to take authority over the mission. What was the importance of the other characters? It was important to have additional characters to further the plot and add conflict. Who are they and how do they further the plot? Riff Raff is one of the aliens who add conflict to the play when he tries to take over the mission. Magenta is Riff Raffs sister and lover who tries to assist him In taking over the mission. Rocky Is Dry Franks experiment that represents his sexual object. Columbia is also an alien who Is Infatuated with Dry.Frank. Dry. Everett Scott was Janet and Brads former science tutor who shows up at the castle and discovers Brad and Janet. What Is the arrangement of the Incidents (action)? Brad and Janet left a wedding ,got engaged, went for a drive to tell a friend, had a flat, went to the castle to use the phone, had sexual encounters with each other, Dry Scott shows up they leave. What Is the meaning of the play? Is there more than one? The meaning of this play was to express your sexuality. I guess there could be more than one meaning If you perceived the message differently.Did you enjoy the play? I did enjoy the play a lot I have never been too production Like that. What was the message for you In this play? For society? Did you agree with the message? The message for me was that you should express who you are In your own sexuality. I do agree with the message. Dry. Frank N. Further. Dry Frank has a lot of conflict in the show. He has conflict with mission. Magenta is Riff Raffs sister and lover who tries to assist him in taking over the mission. Rocky is Dry Franks experiment that represents his sexual object.Columbia is also an alien who is infatuated with Dry. Frank. Dry. Everett Scott was Janet Janet. What is the arrangement of the incidents (action)? Brad and Janet left a What is the meaning of the play? Is there more than one? Than one meaning if you perceived the message differently. Did you enjoy the play? I did enjoy the play a lot I have never been too production like that. What was the message for you in this play? For society? Did you agree with the message? The message for me was that you should express who you are in your own sexuality. I do
Friday, January 3, 2020
Speech, Speaking, And Listening - 1198 Words
ââ¬Å"For reasons that are obscure to me, those qualities we cherish in our artists we condemn in our politicians.â⬠These qualities that Zadie is talking about is the ability to have many colored voices. In her lecture, ââ¬Å"Speaking in Tonguesâ⬠, Zadie talks about her own experiences with speaking in many voices. For her, it was having a less educated voice growing up and changing, letting go, for a more sophisticated voice of lettered people. The quote from Zadie Smith holds a lot of truth. People will often try to argue, but it is true that artists are supported for also having many colored voices while politicians are looked down at for that very same thing. The human mind, subconsciously, will always see politicians as people that should have an unchanging and singular voice. Artists, on the other hand, are respected and loved for their many colored voices. One may wonder why it has to be this way? Politicians are held up to such a high standard, everything they s ay is written and recorded, so if they have one too many voices they will lose power and respect or even sound contradictory. Politicians have to maintain a singular, strong voice to the public even if they have hidden voices, while artists are encouraged to use many. It is important for politicians to maintain one voice. Zadie Smith proves this is important in her lecture ââ¬Å"Speaking in Tonguesâ⬠. She talks about the President, Barak Obama, and how a difference in his voice could raise questions of concern. In oneShow MoreRelatedThe Importance Of A Public Speaking On A Free Society And Why It Is Important Essay1289 Words à |à 6 Pagesimportant skills that we can have is the skill of public speaking. Throughout life, no matter what profession, we have to use the skill of public speaking at some point. As a Christians, this skill becomes even more important. We must find ways to master and skillfully practice the art of public speaking in our society. Therefore it is impo rtant to understand what rationale can be offered for the significance of the art of public speaking in a free society and why it is especially important for ChristiansRead MorePublic Speech On Public Speaking901 Words à |à 4 PagesPublic Speaking Goals I chose to take this course because I have enjoyed previous units I have had about public speaking in high school English classes and it is a requirement for my major. As a pre-pharmacy major, public speaking does not seem like a necessary class, but the more I think about how often public speaking is used, the more I understand the reasoning for public speaking as a required course. Public speaking is a major foundation for everyday communication. Growing up, I can recallRead MoreWhat I Was Master When It?972 Words à |à 4 Pagesmany people didnââ¬â¢t know that I could be really confidant in front of one or two people and get really nerves and enable to speak in front of others that I didnââ¬â¢t know. I always argued with others and never gave them the chance to speak and instead listening to them I often used to think about the respond. I came a long way from what I used to be when it comes to communication and where am at today. It took many years of learning and readin g. Through out the last two classes I learned many tools thatRead MoreFinal Exam Review1463 Words à |à 6 Pagespurposes of public speaking To inform, to persuade, to entertain 2. The 9 elements that affect public speaking (sender, receiver, message, medium, etc.) 3. The different phases of listening (discriminative, comprehensive, empathic, critical, etc. â⬠¦ know whatââ¬â¢s involved in each different phase) Discriminative: Hearing, automatic (involuntary), detection of sounds Comprehensive: voluntary, finding meaning, focusing, understanding, interpreting Empathetic: ââ¬Å"heartâ⬠of listening, encourages speakersRead MorePublic Speaking Essay878 Words à |à 4 Pagesspeaker or a leader? For some, speaking in front of a crowd comes natural, but should we prepare our self before giving a speech or does being a natural speaker help with giving a speech with out a rehearsal? Public speaking does not come easy for everyone. For most, it is a panic attack waiting to happen. It is a subject that is not learned in schools. In my opinion, if students were taught in middle school and high school they would grow up feeling confident speaking in front of people. No matterRead MoreSummary And Discussion Of English1667 Words à |à 7 PagesPart A: Summary and Discussion NSW English K-10 Syllabus (Board of Studies, NSW, 2012) for Speaking and Listening The focus on oral language especially, speaking and listening, in the NSW English Syllabus K-10 is created so that language learning is recursive and develops through our expansive contexts. The resources accompanying speaking and listening ensure students are using metalanguage, phonology, morphology and syntax. ââ¬ËThe aim of English in Years Kââ¬â10 is to enable students to understandRead MoreThe Best Speakers And The Worst Speakers845 Words à |à 4 Pagesmajority of society tends to think of speaking as a common skill. Think again. Speaking effectively while standing before others is not an ordinary skill. Thousands of people have a fear of public speaking; others are capable of confidently carrying on a conversation speech in front of any sized audience. Good and bad speakers can range from Ryan Seacrest to my Humanities teacher. These are two different speakers an audiences either enjoy or do not enjoy listening to. Ryan Seacrest has a personalityRead MoreKirk Williams Comm 218 Communicating Effectively Worksheet Essay892 Words à |à 4 Pageslearning and examination while offering a conclusion so that the concepts of the speech are supported distinctly. Preparation is arranging resources for the main point, associating the main point with the bulk of the speech while deliveri ng the flow of the speech. Delivery method is conducting the speech in a manner the audience can relate to, such as body gestures, visuals, proper tone, etc. The style is how the speech is offered and delivered to the audience to the make it memorable such as comedyRead MoreRhetorical Analysis Of Pope Francis Speech742 Words à |à 3 PagesCongress, dear friendsâ⬠¦Ã¢â¬ so begins Pope Francisââ¬â¢ speech addressing a joint session of Congress. Formally addressing his audience to begin his speech, and acknowledging the ââ¬Å"land of the free and the home of the brave,â⬠he received warm applause from the congress-people. The Popeââ¬â¢s intro then calls those listening to our shared responsibility for the common good, therefore setting up the rest of his speech nicely. From this introduction, the rest of the speech will talk about the responsibilities of thoseRead MoreAudience Analysis850 Words à |à 3 PagesAnalyzing the Audience: Analysis of the audience is an important part of the presentation of a speech that precedes the selection of a topic. This process requires asking specific questions regarding the topic in order to understand the interests, knowledge, and attitudes of the audience towards the topic. As part of adopting strategies and methods to ensure effectiveness of communication, analyzing the audience is vital for audience identification. Moreover, this process enables the speaker to
Wednesday, December 25, 2019
Battle Against Hiv / Aids Essay - 2034 Words
Name: Professor: Course: Date: Battle against HIV/AIDS in South Africa Introduction HIV/Aids pandemic is high in South Africa as compared to any other country in the world. Recent statistic show that 12% of South Africaââ¬â¢s population lives with the virus and including young children the percentage rises to 18% of the total population. Other neighboring countries such as Botswana also have high prevalence rates and this means that almost all southern African countries rank top among the most infected nations not only in Africa but the world around. In the past few years the number of south Africans being diagnosed of HIV has been rising and even though the infections among adolescents particularly male have been dropping the damage this infection is causing remains substantial both socially and economically. Based on demographic grouping the most infected are females below the age of 40. And of the females infected about 80% are aged between 20-24 years. Infection among males stands below 40% with those aged above 30 years being the most infected. The fact that aids is high in South Africa more than any other country in Africa makes it necessary to understand the reasons behind it. Steinberg (2008) in his book ââ¬Å"Sizwe s test: a young man s journey through Africa s AIDS epidemicâ⬠fails to understand why many people still die in south Africa despite the emergence of antiretroviral drugs. He however realizes that ââ¬Å"stigmaâ⬠remains the greatest challenge in as far as HIV/AIDS isShow MoreRelatedThe Public Health Triad Essay1017 Words à |à 5 Pageshuman actions are also responsible to some detrimental health effects. Human behavior through habitat modification has led to the emergence of infectious diseases ââ¬Å"Modification of natural habitats by humans is a leading cause of emerging zoonosesâ⬠(Battle, 2009, P 32). Humans contribute to this modification through urbanization, agricultural development, manufacturing, recreation, and transportation. These leads to increased risk of transmission of infectious agent s due to our close proximity to theRead MoreChief Of The National Center For Hiv, Std, And Tb Prevention1097 Words à |à 5 Pagesjust viewing officials in higher positions as leaders, in the case of Dr. Helen Gayle, who was the director of the National Center for HIV, STD, and TB Prevention (NCHSTP) at the U.S. Center of Disease Control and Prevention (CDC) (Managing across boundaries). In her recent assignment she was credited with innumerable accomplishments in the battle against HIV/AIDS and other contagious diseases not only in the United States but globally as well (Managing across boundaries). In the case of Dr. HelenRead MoreHiv And How Is It Different From Hiv ( Human Immunodeficiency Virus )? Aids?1689 Words à |à 7 PagesWhat exactly is AIDS and how is it different from HIV (Human Immunodeficiency Virus)? AIDS is a severe form of HIV in which someoneââ¬â¢s immune system is completely destroyed; HIV is a virus that affects the immune system. In other words, you ca n have HIV without AIDS, but if you have AIDS, then you automatically have HIV. The origin of HIV is disputed between scientists; some have theorized that it was passed down from apes and somehow transferred between humans. HIV attacks the bloodstream and eliminatesRead MoreThe Epidemic Of The Hiv Virus1747 Words à |à 7 PagesStephan Ziccardi Professor Becher ENC 1101 October 24th, 2015 Since the discovery of the HIV virus in 1983, there have been many precautions taken to control and prevent the spreading of this deadly disease. Helen Epstein, who is the author of ââ¬Å"AIDS Inc,â⬠informs her readers about the sexually transmitted disease known as the Acquired Immune Deficiency Syndrome (AIDS). Epstein enlightens her audience with crucial information in regards to the ruthless disease that is devouring the lives of innocentRead MoreHiv / Aids : An Unknown Disease1508 Words à |à 7 Pages Emerging in the early 1980s, HIV/AIDS was an unknown disease that spread rapidly throughout the United States. In the beginning not much information was found due to this being a very new disease with a completely unknown background. As decades passed, research has increased as well as the number of cases of people reporting that they are infected. Being that 1 out of every 4 people are infected with HIV/AIDS, this disease has had such an immense impact socially, domestic ally, as well as politicallyRead MoreIn 2015, An Estimate Of 36.7 Million People Was Living1009 Words à |à 5 PagesIn 2015, an estimate of 36.7 million people was living with HIV and 1.1 million people died of AIDS-related illnesses (_). AIDS is a severe disease that causes the humanââ¬â¢s immune system to become weak. Once the human bodyââ¬â¢s immune system is damaged, the body is more susceptible for infections. The most terrifying part about this entire ordeal is that scientist have yet to find a permanent cure for HIV/AIDS. As time progresses, scientists have been able to understand the illness even more and createdRead MoreTreatment of Human Immunodeficiency Virus (HIV) Essay1113 Words à |à 5 Pagesââ¬Å"Human immunodeficiency virus (HIV) is a blood-borne virus typically transmitted via sexual intercourse, shared intravenous drug paraphernalia, and mother-to-child transmission (MTCT), which can occur during the birth processor during breastfeeding.â⬠There is no cure for HIV or AIDS but over time different types of medications have been developed that slows down the advancement of the disease. AIDS is a lethal disease that is caused by HIV. HIV destroys the immune system and causes the body to notRead MoreThe Effects of HIV754 Words à |à 3 PagesMental Hygiene, The Bronx has the highest HIV infection rate in New York City. In 2013, NYC.gov reported 35,172 people were living with HIV/AIDS in the Bronx. Acquired immunodeficiency Syndrome (AIDS) is the disease caused by the Human Immunodeficiency Virus (HIV), which is the final stage of HIV. This is a world wide epidemic, especially because most people living with HIV dont have access to prevention, care or treatment and there is still no cure. HIV can be transmitted from certain fluids suchRead MoreSustainable Development1650 Words à |à 7 Pagesdelighted to join you today in launching this book, an important tool in our ongoing efforts to demystify HIV/AIDS. The book being launched here signifies the authorââ¬Å¸s desire to contribute meaningfully to education and information sharing materials, especially targeted toward the youth highlighting the dangers of irresponsible behaviour which may lead to contracting diseases such as HIV/AIDS. The production of the book, The Other Presence, and its translation into local languages, are thus aimedRead MoreAids Research Paper1428 Words à |à 6 Pagestoday is the epidemic of AIDS. As a consistent killer throughout the world, AIDS has become an immediate concern to agencies and governments worldwide. In response, there are numerous international organizations that have been established to learn more about preventing, tracking, and treating the disease. Through extensive research and analysis, AIDS researchers are making gradual breakthroughs to benefit the struggle. However, since there is currently no cure for AIDS, researchers are rapidly
Tuesday, December 17, 2019
The Ways in Which Steinbeck Explores the Concept of the...
The Ways in Which Steinbeck Explores the Concept of the American Dream in Of Mice and Men The American Dream was a dream that nearly everyone had throughout the twentieth century. It was hope for a better life and people believed strongly that it would come true. The main characters in Of Mice Men have a dream which was to get a plot of land and live on it and become self-sufficient. The American Dream was not an achievable goal for many people. Steinbeck shows this failure through the characters of Lennie George. The American dream was a great thing. We first heard about it when Lennie and George were sitting by the river at the beginning of the book. The dream was a hope that everyâ⬠¦show more contentâ⬠¦They would earn standard migrant labour workers wages which was of course not very much, as the great depression was around at the time the book was set. The men hoped to save money and put it towards the plot of land, Look, if me an Lennie work a month an dont spen nothing well have a hundred bucks. Sooner or later people started to realise that the American Dream was turning into a nightmare. This is shown in the book by all the travelling and unemployment. Steinbeck shows that people were determined to get a job and willing to travel around to find one, he reinforces this through Lennie and George. At the start of the novel Steinbeck told us that they were walking, so we obviously know that they have had a nomadic life. During their rest they have a conversation about their travels The first thing you know is that they are pounding away at some other ranch. This backs up the fact that people travel around for jobs. We know how Lennie and George frequently lose their jobs, this is due to Lennie constantly getting the pair of them into trouble which jeopardises their current job. Because of this they have to travel from one ranch to another in search of another job. Also you can corroborate the fact that people travelled by George quoting, The hell with what I says. You remem ber about us going into Murray and Readys and they give us workShow MoreRelatedRhetorical Analysis Of John Steinbeck s Of Mice And Men 1406 Words à |à 6 PagesRhetorical Analysis Essay John Steinbeck, writer of the novel, Of Mice and Men, uses many different rhetorical devices and appeals to unravel the essence and truth of the American Dream, while revolving around the world of these characters, George and Lennie. Written during the great depression, the novel itself shares the lives of many different people during that time period. It explored how everyone was treated through that time due to skin color, disabilities, and gender. Life during thisRead MoreAnalysis Of John Steinbeck s Of Mice And Men 1704 Words à |à 7 Pages`Of mice and men` is written by John Steinbeck, published in 1937. The novella is a reference to the great depression in California and is set in the 1930ââ¬â¢s and portrays the way in which despite the consequences of depressed circumstances, human spirit still survives. During the aftermath of the great depression, which was a very bad period, men hoped to pick up the shattered pieces of their lives. The author, John Steinbeck, illustrates how people, with the help of friendship of dreams, can prevailRead MoreEssay about John Steinbeck Common Themes3280 Words à |à 14 PagesNobel Prize winner, John Steinbeck, was one of the most important writers in America during the 20th century. In his novels, East of Eden, Of Mice and Men, Cannery Row, and In Dubious Battle, Steinbeck explores what it takes for a person to find true happiness in life. Steinbeck addresses the pursuit for happiness in oneââ¬â¢s lifeââ¬âthe American Dreamââ¬â, by questioning modern idea of it being achieved through material items and the path people take to accomplish it. Steinbeck also addresses the happinessRead MoreComparison of Poems to Of Mice and Men by John Steinbeck890 Words à |à 4 PagesPoems which can be compared to the novella ââ¬ËOf Mice and Menââ¬â¢ is ââ¬ËThe Farmers Brideââ¬â¢ written by Charlotte Mew. This once again explores the relationship between husband and wife w ithout an element of honest affection towards each other leading to failed marriages. The poem begins ââ¬ËThree summers since I chose a maidââ¬â¢. Like Curleys wife the farmerââ¬â¢s bride also has no distinct identity and is merely a possession. This emphasizes the meagre status of a woman in a male dominated society. The way the poemRead MoreJohn Steinbeck s Of Mice And Men1427 Words à |à 6 Pagesreaches across cultural, geographical, racial and physical boundaries; looking at ââ¬Ëof mice and menââ¬â¢ and ââ¬Ëthe boy in striped pyjamasââ¬â¢ compared the ways that writer uses this and other concepts of friendship to shape their narratives. John Steinbeckââ¬â¢s Of mice and men and John Boyneââ¬â¢s The boy in the Stripped Pyjamas both demonstrate how important and valuable friendship is. John Steinbeckââ¬â¢s and John Boyne both explore excellently how loneliness makes different characters develop extremely strong friendshipsRead MoreHow Does Steinbeck Present Disadvantaged Characters2537 Words à |à 11 PagesExplore some of the ways in which Steinbeck presents disadvantaged characters in the novel In 1937, the American author John Steinbeck published Of mice and Men. Set in the Salinas Valley of California, it conveys the story of the struggles of the American people during The Great Depression. The Great Depression was a massive devastation throughout the whole of America where people suffered and the economy was at a huge crisis. The Unemployment rose from 3% to 26% and many people had diedRead MoreExplore the Way the Writer Presents the Relationship Between George and Lennie in of Mice and Men3909 Words à |à 16 PagesExplore the way the writer presents the relationship between George and Lennie in ââ¬Å"Of Mice and Menâ⬠Of Mice and Men was written in the 1937 by John Steinbeck, he other well know books as the Grapes of Wrath and East of Eden, h also received a Nobel Prize for Literature in 1962. This book is set in the 1930s and set in California, his home region. During this time, the USA was suffering from a great depression, this meant that it was hard to find job because the economy was very weak, so to findRead MoreReview Of The Of Mice And Men And An Inspector Calls 1773 Words à |à 8 PagesEnglish Literature Assessment 40% How are Eva Smith and Curleyââ¬â¢s Wife presented as victims in the ââ¬ËOf Mice and Menââ¬â¢ and ââ¬ËAn Inspector Callsââ¬â¢? In this essay I will compare the two characters ââ¬ËEva Smithââ¬â¢ and ââ¬ËCurleyââ¬â¢s Wifeââ¬â¢ on how they being presented as victims, similarities and their classes. An Inspector Calls was set in 1912 when the First World War was about to start but then this novel was written in 1945. Also there was a really big distinctions between the upper and the lower classesRead MoreJane Eyre And Of Mice And Men2621 Words à |à 11 PagesExplore how women are presented in ââ¬ËJane Eyreââ¬â¢ and ââ¬ËOf Mice and Menââ¬â¢ Brontà « and Steinbeck are arguably two of the most prominent writers in English literature, parted by a ninety year time span and a difference in pre occupations, which could be due to their difference in gender. Jane Eyre and Curleyââ¬â¢s wife are two of most different characters but similarly both used drive the plot. Both characters struggle to fit into society; Jane is belittled by her Aunt Reed and being kept apart from the otherRead MoreBelonging Essay4112 Words à |à 17 PagesContext plays a role in the perception of belonging (or not belonging and all the shades inbetween): â⬠¢ â⬠¢ â⬠¢ â⬠¢ personal context refers to those elements that are ones own, individual and private. cultural context is complex and refers generally to way of life, lifestyle, customs, traditions, heritage, habits - civilisation. More specifically, it refers to intellectual and artistic awareness, education and discernment. Popular culture refers to the Arts, the humanities, intellectual achievement, literature
Monday, December 9, 2019
Damages Australian Law
Questions: Paddy Periwinkle owns a prawn trawler, and has a licence to catch prawns which he obtained through the government department NT Fisheries. He pays his licence fee yearly, and was therefore allowed to catch prawns up to a specific quota. Paddy then sells the prawns to retailers throughout the Northern Territory and some to the southern fish-markets. In 2015 a new crew-member joined: Ashely Adams. Ashley was an experienced fisherman and deckhand, as he has been working in the industry for 30 years. He was always looking to make a quick buck. Ashley told Paddy that, as part of their by-catch (the marine-life caught in the nets by accident), if they caught any dugongs he had a friend he could sell them to. Ashley said he could sell one for $1,000, and he would give Paddy $400. Paddy knew dugongs were a protected species, but given that they would be dead by the time they were pulled up in the nets, he decided to make the deal. 5 dugongs were pulled up in a 3-week period. While at sea, the main freezer on the trawler started malfunctioning, compromising all the frozen prawns. Paddy took the trawler back to the coastal town of Nhulunbuy, and sold the prawns he had. Ashley took the 5 dugongs away, and then Paddy had a mechanic look at the freezer. Billy Bob (the mechanic) said it was the compressor, and the trawler needed a new one. Paddy bought a new compressor ($2,000) and had it installed ($1,500), and re-gassed ($1,500). He was in port for a week, losing approximately $10,000 in profit. A week later at sea, the freezer malfunctioned again, so Paddy returned. Paddy got Arthur, a new mechanic, to look at it more closely. It was not the compressor, but a faulty valve that was letting the gas escape. The repair cost was $200. In two hours they were back at sea, and the freezer is working perfectly. 1. Can Paddy make a claim against Billy Bob for his monetary losses? Explain why or why not, referring to the cause of action and what the outcome is likely to be. 2. Ashley gave Paddy $1,000 for his share in the illegal dugong sales. Paddys maths tells him he was owed $2,000. Can Paddy make a claim against Ashley? Explain why or why not, referring to the cause of action and what the outcome is likely to be. Answers: 1. Relevant laws: Under the common law of Australia, an implied promise is contained in a contract of service that reasonable care and diligence will be taken care of in performing the agreed services. If a breach of contract takes place, then the remedy available under the common law is: damages. Breach of contract can be part of a commercial transaction or a corporate. Howsoever, damages provided under common law are applicable to both. Damages means that monetary compensation, which is awarded in a civil action by the court to a person, who has been injured or suffered loss due to the wrongful behavior of the other party. In National Foods Milk Ltd v McMahon Milk Pty Ltd (No. 2) [2009] VSC 150 at [22-25]: It was held that common rule provides that it must be ensured by the court that if a person suffers loss on account of breach of contract, he is put in the same place, as far as possible through money in the form of damages, where he would have been, if the breach of contract had not taken place (Arthur, 2010). The following are the elements, which must be established for claiming damages for breach of a contract: The contract must have been breached. Cause of action, means the plaintiff must have suffered a loss due to defendants action. The loss suffered must not be remote. The conduct of the plaintiff must have been reasonable for mitigation of loss. For the first 3 elements, the burden of proof lies on the plaintiff, while of 4th one lies on the defendant. 1. Breach of contract: For claiming damages, it is necessary: first, there existed a contract between the two parties and the performance in a particular way or in a particular time must have been provided in express or implied terms and second, the breach of contract took place either in terms of time or in terms of an agreed standard. 2. Cause of action: It means that loss caused must have been a result of the breach of contract. 3. Remoteness: It implies that there must be a proximate link between breach of contract by one party and the loss suffered by the other. It is not necessary that the particular loss was foreseeable, it is sufficient that loss of that kind was. 4. Plaintiffs conduct: It implies that the plaintiff himself must not be at fault and should have taken reasonable measures for protecting the loss, else he cannot claim damages. Application of Law: 1. Breach of contract: In the given case, a contract definitely existed between Paddy and Billy Bob, as money for repair was supposed to be paid by Paddy for the repair of his trawlers freezer. Moreover, when repair services of Billy Bob were hired, it was implicit that he will exercise due diligence and care in the same and will provide the freezer in a perfect state after repair. Having charged a huge sum of $5000 for repair for the replacement of a wrong part of the freezer, Billy Bob failed to provide the amount of agreed standard of services and hence made a breach of contract. Paddy will be entitled to expectation damages to cover what Paddy expected to gain from the contract and the consequential damages compensate Paddy for indirect loss, apart from the contractual loss, meaning thereby loss incurred in business due to breach. In Gates v City Mutual Life Association, Society Ltd (1986) 160 CLR 1: The court held that in breach of contract, plaintiff is entitled to damages not only for the reliance loss (actual loss suffered due to relying on the contract), but also for the expected loss (estimated loss of business due to breach) (Damages. Consequential Damages. Notice, 1920). 2. Cause of action: It is clear from the facts of the case, the loss of Paddy arose naturally from the breach of contract by Billy Bob. If Billy Bob had provided the satisfactory and correct repair services, the freezer would not have stopped functioning again in a week and Paddy would not have suffered monetary loss. EH March v Stramare (E MH) Pty Ltd (1991) 171 CLR 506 at 515: In this case, Mason CJ said that it is the tradition of common law that determining the cause of a specific occurrence is a matter of fact depending on the facts of each case and must be ascertained by applying common sense to the circumstances of each case (Mitchell, 2011). 3. Remoteness: Again, the facts clearly prove beyond doubt that the Paddys loss was the direct result of the breach of contract by Billy Bob with regard to his repair services, hired by Paddy. Hadley v Baxendale (1854) 9 Exch 341 at 354: Held that a loss can be recovered if it can be reasonably regarded that loss occurred as a natural course or arose in the ordinary course of things, that took place due to breach of contract (Coloma, 2008). 4. Plaintiffs conduct: In the given case, Paddy took adequate measures by remaining in port for a week and making enough expenses for the repair done by Billy Bob, so that the freezer worked properly in the future and the future loss could be protected. Thus, Paddy took all steps for mitigating the loss and is thus entitled to damages. Likely Outcome: As per the discussion and relevant case laws, given above, it can be concluded that all the elements required for a claim of damages under Australian law exist and hence Paddy is entitled to claim the monetary loss suffered by him on account of breach of contract made by Billy Bob. Thus, the likely outcome of the case is that Paddy will succeed in his claim for the expectation damages in business of $ 10,000 and the consequential damages of $ 5000 in the court. 2. Relevant law: The general principles of law of contract in Australia assume that all contracts are valid, until and unless it is proved otherwise. Oral contracts are as much enforceable as written contracts, if the following conditions of a valid contract exist: 1. Offer as well as acceptance: there must be a definite offer along with a valid acceptance. Acceptance should have been clearly communicated to the offerer. 2. Consideration: There must be me something which must be exchanged between the parties for the value. It is the price paid by one party for the fulfillment of the promise by the other party. 3. Intention: There must exist intention of both parties to enter into a legal agreement and, usually, a consideration is enough proof of such intention. 4. Capacity: Both the parties are competent to enter into a contract if the parties are not minor, drunk or mentally retarded. 5. Certainty: The contract must be clear and certain, so that the rights and obligations of both the parties are easily ascertained and can be enforced (Bloom, 2013). Application of law: In the given case, Ashley made an offer of payment of $ 400 for every dugong, caught by Paddy and Paddy agreed to the same. Thus, the condition of offer and acceptance was fulfilled. Secondly, $ 400 was the price paid by Ashley in exchange for the promise fulfilled by Paddy. Thus, there existed a valid consideration too, and this consideration proves that both of them had the intention to enter into a legally binding contract. Thirdly, it is evident from the facts that Paddy and Ashley were major and were capable of entering into contract and hence in other words, had the capacity to enter into a contract. Fourthly, the terms and the contractual obligations of the contract were clear and certain. Thus, all the necessary elements required for a valid contract exist and hence a valid contract was entered into between Paddy and Ashley. Moreover, Ashley paid only half of the total amount to Paddy, which was due according to the terms of the contract. Thus, as discussed in solution 1, a breach of contract was made by Ashley. Thus, a cause of action arises and Paddy can sue Ashley for breach of contract and may claim for the specific performance of the contract, which means strict compliance with the contract and may thus claim for the rest of the amount (Specific Performance of Contract: Contract Unenforcible, 1918). The following case laws can be referred: In County Securities Pty Ltd v Challenger Group Holdings Pty Ltd Anor [2008] NSW CA 190: The court held that usually in cases, the Australian courts recognize the principles of common laws with regard to contracts and in case of oral contracts the terms of the contract are determined according to the various facts and circumstances of a case. Likely outcome: Paddy is likely to succeed in the court in his case of specific performance of the contract and is likely to receive the rest $ 1000 from Ashley. References: Arthur, J. (2010).Damages and Equitable Compensation in a Commercial Setting. 1st ed. [ebook] Available at: https://www.gordonandjackson.com.au/uploads/documents/seminar-papers/Damages_and_Equitable_Compensation_-_John_Arthur.pdf [Accessed 1 Feb. 2015]. Bloom, H. (2013).Contracts In Australia. [online] Harrybloom.com.au. Available at: https://harrybloom.com.au/contracts-in-australia/ [Accessed 1 Feb. 2015]. Coloma, G. (2008). Damages for Breach of Contract, Impossibility of Performance and Legal Enforceability.Review of Law Economics, 4(1). Damages. Consequential Damages. Notice. (1920).The Yale Law Journal, 29(3), p.354. Mitchell, T. (2011).CONTRACTUAL BREACH: CONSEQUENCES AND MONETARY REMEDIES. 1st ed. [ebook] Available at: https://travismitchellbarrister.files.wordpress.com/2013/04/travis_mitchell_contractual-breach-consequences.pdf [Accessed 1 Feb. 2015]. Specific Performance of Contract: Contract Unenforcible. (1918).Michigan Law Review, 16(3), p.206.
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