Contract Negotiations in Business Law Case Study

Contract Negotiations in Business Law - Case Study Example The second error that is challenged by the insurance company is the circuit court's judgment affirming the defenses lodged by Jones and Lee-Curtis. The second assignment of error is dispositive. The dispute actually rests on the query as to whether Augusta Mutual's adjusted third-party motion for judgment affirmed unjust claims for fraud in the inducement and/or breach of fiduciary duty. It may also be that as Jones and Lee-Curtis challenge, which the insurance company tried to change what was in fact a breach of contract claim into actionable tort claims. The principles guiding the trial court's review is based on a judgment sustaining demurrers are well established. "The purpose of a demurrer is to determine whether a motion for judgment states a cause of action upon which the requested relief may be granted." Tronfeld v. Nationwide Mut. Ins. Co., 272 Va. 709, 712, 636 S.E.2d 447, 449 (2006) (citing Welding, Inc. v. Bland County Serv. Auth., 261 Va. 218, 226, 541 S.E.2d 909, 913 (2001)). "A demurrer tests the legal sufficiency of facts alleged in pleadings, not the strength of proof." Glazebrook v. Board of Supervisors, 266 Va. 550, 554, 587 S.E.2d 589, 591 (2003). Actually, in this case Jones when he signed the report he did it intentionally to get a commission for himself and Lee-Curtis and thus he misrepresented material

CASE5 599 Coursework Example | Topics and Well Written Essays - 1250 words

CASE5 599 - Coursework Example 133) A reinforcing loop generally develops the market value of a company along with its policy framework and a clear cut course of action. For instance in the case of a company like Whole Foods Market, the management is actively implementing the core value of satisfying and gratifying their customers with an intention to retain them. This is giving rise to a reinforcing loop. The loop starts at the core value specification, which can be diagnosed as the causal factor. The loop is processed through the organization’s customer oriented activities culminating at customer centric relationship management. The loop is then reinforced by the returning customers. This happens in consequence to the causal policy that finally results into its reiteration by the virtue of the company’s active and deployable business methods. â€Å"Balancing loops are system processes triggered to bring the system back to a preestablished norm† (Notter and Grantt, 2011, p. 133) A balancing l oop is a kind of automatic control within the organization which may bring about considerable damage if not terminated in proper time. This is a case in which a system is constrained within highly tacit parameters (Notter and Grant, 2011; Sterman, 2000). ... This oversensitivity in establishing one of the primary core values to deal with the marketing processes appears to be causing a balancing loop. The loop is executing through the unopposed policy specification and then exposing the organization to tougher competition. Figure – 1: The Reinforcement Loop formed due to Customer Centric Management Figure – 2: Setting product quality specifications with excessive stringency may lead to a negative balancing loop Part 2 Traditionally, scholars and professionals in the field of management and business research used to accept the notion of organizational learning, but its definition and theory remained unclear for a considerable period of time. However, as early as 1985, Fiol and Lyles (1985, p. 804) pointed out that â€Å"Some agreement exists that distinctions must be made between individual and organizational learning.† Consequently, it becomes an imperative to contemplate on the concept that individual learning is vit al for an organization, but organizational learning cannot be regarded as merely the sum total of each member’s erudition. An organization, unlike an individual, builds up and maintains learning mechanisms. These mechanisms influence the organization’s immediate members. Moreover, these mechanisms help in transmitting the learning outcomes to others by the means of organizational histories, paradigms, and norms. (Notter and Grant, 2011; Argyris, 1990; Fiol and Lyles, 1985) So the theory of organizational learning has emerged on the fundamentals of the earlier works regarding organizational processes and needs. In providing a summary on the most important information on organizational learning (especially at the executive level), reviewing the works of Dixon (1999) can be highly rewarding.

Business HR Research Paper Essay Example | Topics and Well Written Essays - 1000 words

Business HR Research Paper - Essay Example The major findings of the research showed that the system of compensation of an organization determines the motivation of the employees towards their work and the skill of the employees of the organization. This illustrates that the productivity of an organization partly depends the compensation structure in the organization. The paper also has provisions on how to improve productivity of the human resource departments of organizations and the general organization in the form strategies concerning compensation structures revisions. Key words: skills, motivation, rewards Contents 1 Introduction 4 2 Competitive compensation system 4 2.1 Objectives of competitive compensation structures 5 3 Effect of different compensation structures 5 3.1 Motivation 6 3.2 Strategies to incorporate in motivating employees 6 3.3 Skill set of the employees 7 3.4 Strategies for the increasing and retaining the numbers of skilled employees 7 4 Challenges of the compensation systems 8 5 Conclusion 9 1 Introd uction In the business world, compensation refers to all rewards that employees can earn in relation to the labor they provide. A good compensation system is an important aspect of a successful human resource management program, which is vital for the success of a management enterprise as a whole. The compensation may be in the form of direct financial compensation that is provided after regular intervals like wages and bonuses, indirect financial compensation that consists of financial rewards that are not part of the direct compensation, and non-financial compensation that deals with the work environment. However, the compensation should put into consideration the uniqueness of each employee. Compensation systems seek to create a rational method for the determination of the pay of employees in accordance with their performance in their respective jobs (Bhattacharya and Sengupta, 2009). This creates a feeling of equity among the human resource. The compensation in terms of wages is important in the determination of the maintenance of an organization’s human resource that implies the goal of developing a good compensation system attract, motivate, and retain a quality human resource department that will improve the company’s prosperity. 2 Competitive compensation system A competitive compensation system is a product of trying to attain external equity within a market. External equity is a situation where the pay rates for the employees of an organization are at least similar to the average pay rates in the market (Walker, 2004). If the compensation system of the organization is quite similar to the average compensation system in the market, the goals of developing compensation systems in terms of attracting, motivating and retaining employees are not achieved as they might seek the employ of similar organizations. This prompts employers to take steps enabling compensation of employees using rates that are necessary for the finding, keeping and mo tivation of an adequate qualified employee number. This creates a market compensation structure that is competitive with the employers seeking to provide the most attractive policies and rates (Walker, 2004). 2.1 Objectives of competitive compensation structures The competitive compensation structures of most organizations therefore have four basic objectives; To regularly measure

Population Growth and Its Effect on Global Warming Research Paper

Population Growth and Its Effect on Global Warming - Research Paper Example , this brief essay will attempt to briefly analyze this monolithic problem in terms of the exponential growth in human population that has been evidenced over the past 200 years. Furthermore, a determination will be sought to be made with regards to the question of whether human action or natural causes best explain the climate fluctuations that planet earth has recently been chronicling. Lastly, as a function of the previous points of discussion and analysis, the author will attempt to proscribe a reasonable and performable set of steps and solutions which both the scientific community and the world at large could and should seek to employ as a function of ameliorating the stress on planet earth and the issues at hand. Furthermore, as a means of bringing such an understanding about, the analysis will also rely upon relevant scientific publications on the topic as well as verifiable statistics and charts concerning overall levels of climate change and corresponding increases in CO2 e missions by humans over the past several decades. However, noting the global climate change is an issue is not, in and of itself sufficient. As such, the analysis will also consider the rapidly increasing demand that fossil fuels have been projected to assume over the next several decades and posit a potential alternative to further environmental degredation at the hands of seemingly ever expanding human populations. Firstly, there is the point of view that strongly believes that the swings in climate change are the direct result of the presence of high amounts of human CO2 in the atmosphere that is causing a greenhouse effect on the planet and thereby causing world temperatures to rise. Prima fascia of this argument is the belief that human CO2 emissions are responsible for the changes to the global climate. It follows therefore that those which ascribe to this point of view are the most vehement that drastic and immediate changes to the manner in which human beings interact

Sustainability Assignment Example | Topics and Well Written Essays - 2000 words - 1

Sustainability - Assignment Example Sustainability has appeared as a consequence of significant apprehensions about the unplanned social, ecological, and economic penalties of rapid populace growth, economic developments and expenditure of our natural possessions. In its untimely years, EPA acted principally as the country’s ecological watchdog, determined to make certain that businesses met lawful requirements to manage pollution. In succeeding years, EPA started to establish hypothesis, tools, and performances that facilitated it to emerge from scheming pollution to averting it (Anink, Chiel and John 240). Nowadays EPA intends to put sustainability the next intensity of environmental fortification by drawing on progresses in science and expertise to guard human healthiness and the surroundings, and promoting inventive green business applications. As population increases, civilization ought to establish traditions to expand devoid of depleting resources permitting subsequent generations to exist comfortably. Green construction and building is a thought developing from this necessity. One idea of green construction is sustainable building (BragancÃŒ §a, 45). This is an increasing eco-friendly technique of construction proposed to reduce unconstructive impact on the surroundings all through the construction process and organization of life cycle. Obtaining sustainable developments requires strict harmonization from the designers, engineers, and proprietors. The course starts with establishing a location that fits the implementation of the project. Throughout construction, there is alteration to the adjacent ecology there earlier. Excellent planning could decrease the consequences of emergent land. Architects utilize innate resources to diminish damage to surroundings. The solar system and the air current could be power resource s in a house. Experts in air conditioning, water, and thermo electricity set up systems to decrease energy use (Calkins,45).

Four function of management Essay Example | Topics and Well Written Essays - 750 words - 2

Four function of management - Essay Example unbroken line of authority that links all persons in an organization and shows who reports to whom while illustrating the authority structure of the organization. This whole process is an example of effective practice of managing by the managers of any organization. Thus, ‘Management’ can be defined as, the process in which managers carry out activities of planning, organizing, staffing, leading and controlling to the achievement of organization’s overall goals and objectives1. Although different scholars and theorists have defined the ‘Management’ in their own meaningful perspective, Henri Fayol – the unarguably founder of modern management – has described it as, â€Å"A theoretical subject and practice of performing and integrating managerial skills2†. According to him, management can be classified into four major functions. These functions are as planning, organizing, leading and controlling. Planning: Planning includes identifying goals, objectives, methods, resources needed to carry out methods, responsibilities and dates for completion of tasks. Examples of planning are strategic planning, business planning, project planning, staffing planning, advertising and promotions planning, etc. It is the ongoing process of developing the business mission and objectives and determining how they will be accomplished. It is the function of management, with which, management symbolizes and makes sure while directing employee efforts towards group and attainment of organizational goals. In this function, long-term success of an organization is attempted to be made sure by making it necessary to set immediate and long-term goals, while selecting the appropriate approaches for their accomplishment. By planning, managers try to find answers to questions where? What? How? Who? When? Why? etc. If we look at the example of Imran Khan3 – founder of a famous cancer hospital in Pakis tan – answered these questions in the late eighties and planned day in and day

The way weaponry has been portrayed. Essay Example for Free

The way weaponry has been portrayed. Essay Theme: The way weaponry has been portrayed. Throughout literature poets have used various literary devices in order to convey their message to the audience. Wilfred Owen has cleverly personified weaponry in the context of war and has woven it in his poems. This in turn accentuates the message he is trying to convey the paradox of War. The use of this tool is most prominent in three of his poems, The Last Laugh, Arms and The Boy and Anthem for Doomed Youth. In these poems he depicts weapons as sinister, flesh-hungry savages whose only purpose is to kill. In Anthem for Doomed Youth Wilfred Owen writes and elegiac sonnet moaning the loss of innocent life. Like his other poems to one too is steeped in irony. War he wants to point out is not fanfare and glory. It is dirt and muck and pain and struggle which ultimately end in death. His view of war is greatly influenced by his own experiences. Disenchanted, brutalised and lied to by his own nation he like so many others felt betrayed. They were taught that war was glorious and soldiers were proud and valiant, the truth of it was that war was none of these and soldiers were being herded like cattle to tthose deaths. He goes on to personify weapons in the Last Laugh as mocking the soldiers that they ruthlessly killed using words such as â€Å"guffawed and chirped† In the poem Arms and the Boy, Owen changes the portrayal of the weapon and showcases it as a toy that is being handed out to a child â€Å"Let the boy try along this bayonet-blade†. Along with the description of the weapon Owen also juxtaposes the loss of innocence that prevailed during the time of war. In the poem Sonnet On Seeing a Piece of Our Heavy Artillery brought into Action Owen portrays weapons as an object that has to be paid respect to, this is shown by the words ‘thou, thee’. He furthermore goes on to personify the guns by saying that he slowly lifted ‘thou long black arm’ and also describes the destruction that they eventually cause. The four poems have a lot of literary devices packed into them such as sound imagery, metaphors and personification which compliment his description of the weapons. World War 1 was the war that changed history. The use of mechanised weapons on an unsuspecting enemy proved to be the biggest challenge. Earlier war was seen as something glorious and even  chivalrous. World War 1 overturned that view, the senseless bloodshed, the ruthless use of weapons made this war anything but glorious. Owen was one such soldier who first hand experienced the horrors of war and unlike poets before him conveyed the reality of war. He and a few others were instrumental in ripping the faà §ade of the honour and glory that war claims to be. His poems are raw, undisguised versions of the harsh reality of what was occurring in the t renches of the Western Front. Wilfred Owen uses a significant amount of literary devices to convey how weapons play a large role in warfare. His poem the Last Laugh begins with an expletive, ‘Oh! Jesus Christ! I’m hit’ the title itself is rich in irony as the poem goes on to depict how the weapons that are personified ‘chuckle’ and ‘guffaw’ at the soldier’s death. Lines like ‘the bullets chirped, machine guns chuckled†¦and the Big Gun guffawed’ reveal the dark humour that underlies the poem. The use of onomatopoeia adds to the chilling darkness of the imagery, â€Å"tut tut and the way the splinter spat and tittered’ are evidence of this. His use of alliteration enhances the poetic tempo. The ‘lofty Shrapnel’ is personified as it ‘gestures leisurely’ at the dying man calling him fool. Weapons are further personified as grim, hostile entities. The Bayonets have ‘long teeth’ and grinned as ravels of shells ‘hoot and groan and gas hisses’. The use of capital letters to classify the weapons furthe r draws attention to their significance, in this case as purveyors of destruction. In Arms and the Boy, Owen depicts how innocence is destroyed by war. The title itself seems like an oxymoron because children are usually not associated with weapons. The poem begins with a calm suggestion of letting the boy try the bayonet blade and see how ‘cold the steel is’ The bayonet itself is personified as a creature with a predatory nature, ‘it’s keen with hunger of blood’ its appetite is further described as ‘famishing for flesh’ this use of alliteration of fricative sounds embellishes the rapacious nature of the weapon, it is described as being ‘blue with all malice, like a madman’s flash’ this simile conveys the cruelty and evil that is associated with this weapon. By using explosive sounds and the use of adjectives such as cold increase the sinister effect of the weapon. The second stanza similarly begins with a tender gesture asking the young boy to ‘stroke these blind blunt bullet leads’ the use of consonance  adds to making the bullets seem less deadly than they are words such as ‘ long to nuzzle’ portray warmth but ironically the euphuism , ‘in the hearts of lads’ stands for the death of young children. Cartridges are described as having fine zinc teeth, their sharpness is compared to ‘the sharpness of grief and death’ in saying ‘give him’ these weapons of destruction the poet is juxtaposing innocence with experience and death. Owen does so in a manner that seems innocuous asking the boy to play with these objects of death and destruction. The third stanza ‘his teeth seemed for laughing round an apple’ conveys the idea of childish innocence. The young boy does not have fangs nor ‘claws behind his fingers supple’. Furthermore Owen writes ‘God will grow no talons at his heels or ‘antlers through the thickness of his curls’. This conveys that God had not meant for man to be like a beast. Man needs to arm himself with weapons to don the mantle of a predator. In showing the young boy through the ‘thickness of his curls’ further implies how angelic and innocent he is. Owen is bereaved that he will one day pick up the weapons of destruction and will thus be robbed of his innocence. Owen uses many literary devices such as personification to depict the weapons he says the cartridges ‘have fine zinc teeth’ and the bayonet is described as being ‘keen with hunger of blood’. The poet alludes to Virgil’s epic the Aeneid ‘of arms and the man I sing’. The poem itself uses half rhyme and alliteration ‘famishing for flesh’, ‘blind blunt bullet leads’ to convey the tone of the poem which is largely sinister. In his poem ‘Anthem for doomed youth’ Owen takes the theme of how weapons destroy one step further. Here to the imagery is stark and the poem begins with sound imagery, ‘what passing bells for these who die as cattle?’ The reference to cattle further shows the diminished emotion that war instils in humans. Soldiers are equated to cattle and the death knells are merely in passing. Written as a Petrarchan sonnet with a ABA rhyme scheme Anthem for doomed youth vividly demolishes the myth of soldiers being valiant of glorious in battle. Here too weapons are personified guns are shown as having ‘monstrous anger’ and ‘the stuttering ripples rapid rattle’ The use of alliteration further enhances the sound imagery as the reader is transported back in time. Word s such as ‘stuttering and patter’ convey a sense of grief and hesitation. There is no one to grieve for those who have  died, ‘no mockeries now for them†¦nor any voice of morning save the choirs’ and these choirs are that of the ‘shrill demented, wailing shells’ by using words such as wailing and mourning Owen is trying to depict the harsh reality that the soldiers had to face. There is neither fanfare nor celebration ‘and bugles call for them from sad shires’ the soldiers are portrayed as the forgotten, remembered only in the ‘pallor of girl’s brows’ And in the ‘tenderness of patient minds’. Owen juxtaposes very interestingly the two themes of religion with war. The imagery of candles and flowers are harshly juxtaposed against that of death and pain. His use of mild innocuous language contrasts sharply with the violence of the action depicted. The two stanzas are starkly different as the first vividly describes the horror of war and the second the hope of the families left behi nd waiting for fathers, brothers, sons to return. The disillusionment and bitterness is illumined in this poem. The tone is contrite and bitter and a sense of irony pervades the poem. Written as a eulogy the heading conveys the theme perfectly, it is truly an Anthem for the youth who are doomed to die in a war that made no sense. In the Sonnet that Owen wrote he describes the weapons initially as an object those posses’ majestic qualities. He praises the gun by calling it â€Å"Great† which shows his respect for this artillery. He furthermore shows the Gun ‘towering towards heaven’ which shows that the gun is about to attack God himself, portraying the amount of power that it posses. He personifies the gun and lifted its ‘long black arm’. He also describes the canon as a weapon that protects its soldiers as well as kills. Throughout this poem he admires the weapons but the last two lines reveal his true perception of artillery. Harsh words such as ‘cut thee from our soul’ shows the level of resentment that he has against weapons as he also asks God to ‘curse thee’. The title itself is absurd as a Sonnet is a poem that is addressed to a lover however he uses it differently and uses it to both praise the weapons as well as criticise them. All of Wilfred Owens poems are bound by the sense of irony. His poems resound with pathos. He truly conveys the pity of war and doesn’t seek to elevate it as poets in the past did. His poems are stark snippets of reality as were experienced by young soldiers in trenches. The horror, the infestation the overpowering stench of war is all beautifully conveyed through his poetry. His poetry does not want to gloss  over reality it is reality.