Kmart Case Study Example | Topics and Well Written Essays - 750 words

Kmart - Case Study Example By bringing down its operational costs an organization can offer its products and services at lower prices. It can also earn higher profits because either the profit margins are greater or the sales volume has increased. Thus an organization which follows an overall lower cost strategy can gain an edge over its competitors. Cost leadership strategy works well for the company in the event of a price war in the industry. (Kotler, 2006) Another strategy followed by Wal-Mart was differentiation focus strategy. Underneath this strategy, Wal-Mart introduced its stores in rural and suburban areas. (Wheelen& Hunger, 2008) By utilizing differentiation focus strategy a firm differentiates its products from that of its competitors based on some attributes that allow the consumers to perceive the products as different from its competitors. A firm looks for differentiation in a particular segmented target market. Target and Kohl’s followed differentiation strategy. Target and Kohl’s applied value proposition in which these companies communicated the benefits they can deliver to the customers. Target flourished well because it provided products at low prices with high quality catering to youth in urban areas. (Wheelen& Hunger, 2008) 2. The amalgamation of both lower cost strategy and differentiation focus strategy were most effective. This can be exemplified by Wal-Mart that utilized both and became the leading story in the retail sector. The lower price of Wal-Mart creates a barrier for the new entrants as these new entrants cannot break through the cost advantage of the leader. The Wal-Marts differentiation focus allowed it to concentrate on the particular needs of a segmented market more efficiently as compared to its competitors. (Wheelen& Hunger, 2008) Lower Cost Strategy: In the presence of leaders like Wal-Mart and Target, Kmart has little alternatives in making pricing strategy to match up with these leaders.

Gendering the Mythic World - Greek myth Essay Example | Topics and Well Written Essays - 2250 words

Gendering the Mythic World - Greek myth - Essay Example It gives the information about the origin of all natural phenomena and mostly reflects the lives of ancient gods and heroes. The predominance of mythological consciousness refers mainly to the archaic era, associated primarily with its cultural life in the system of sense organization, where myth played a dominant role. In myths, people consider the events in a particular time sequence. However, the most important place takes not the frames of time, but starting point and essence of the story. Later Greek poets of early antiquity refused to use irony in relation to the myths, but exposed them to strong recycling, elevated by the laws of morality. In the mythological world, authors represent peace as the tribal community that unites its members. It forms a common model of life and behavior. â€Å"Classical Greek culture was strongly marked by gender segregation. Generally, the public sphere was associated with men, the domestic, with women. This segregation arises from Greek ideas ab out the human body and the biological differences between males and females. Although women’s bodies and voices were strictly controlled or semi-secluded in most areas of ancient Greek public life, women did have important public roles in one area: religious ritual. While women worshipped both male and female divinities and acted as priestesses in cult even as men acted as priests, performing many of the same activities, Greek ideas about the body affected ritual aspects of nonverbal behavior, especially regarding clothing, voice, and gesture† (Calef, S., 2009). The gender relationships in ancient Greek are one of the most interesting issues for the modern scientists. They predetermined the main peculiarities of coexistence of mortals and gods in the ancient world. The aim of this work is to analyze gender relationships in ancient Greek and their valuable features on the basis of myths. In ancient

Speech Analysis Paper Essay Example for Free

Speech Analysis Paper Essay The first speech I watched was â€Å"Falling Slowly† winning Best Original Song Oscar. From the beginning you could tell that Glen Hansard was very pleased and very sincere about the award and you could tell that it meant a lot to him throughout his speech. The speech was very brief and he was very thankful. I liked how he expressed how they put the movie together and how he never thought they would be standing there receiving an Oscar because it just shows that it doesn’t take a lot to achieve your dreams. The only thing I wish he would have done was name the people he wanted to thank instead of generalizing it because then it doesn’t seem personal. The next speech I watched was â€Å"Tom Hanks winning an Oscar for â€Å"Forrest Gump†Ã¢â‚¬ . I loved how Tom Hanks acknowledged the other nominees and said that the others deserved the award as much as he did. I thought that was sincere and respectful of the others who were nominated for the Oscar. I liked the way he acknowledged those who were a part of making the film and what he said was very meaningful and you could tell it meant a lot to him because of the emotional appeal he gave off. It just showed how much he enjoyed working with the other actors in making the film and how it impacted his life and his ability as an actor. When he thanked his wife he did it in a very sincere and loving way and I thought that was very nice. I thought the metaphor he used to describe how he felt in the moment was a good way to stray away from his emotions a little bit because you could tell that he was trying to fight his emotions throughout the speech. What he said at the end made his entire speech so grasping because he was so grateful and thankful to have received that award. I couldn’t tell if his speech was manuscript or impromptu, but either way I think his speech was great. It was brief and I think he expressed his emotions in a way where it was evident that it was truly a blessing to have received that award. See more: how to write an analysis paper The next speech I watched was â€Å"Adele-54 Grammy’s on CBS: Album of the Year†. When she started to thank everyone who was a part of making that award possible for her I liked how she acknowledged them and then explained specific ways they have helped her to improve and become the artist she is. In my opinion it seemed like she was rambling a little bit when she was talking about the inspiration for her album only because she switched  subjects from thank yous to her album and then thank yous again so I think she just got lost in what she was saying at that point. However, I think it was appropriate to share what the inspiration of her album was because of the award she received. The interruption of the snot was funny and that kind of gave off her personality so it made her personable. Her speech was brief, relatable, and sincere. Next I watched was â€Å"Anne Hathaway winning Best Supporting Actress†. For starters, Christopher Plummer did an excellent job in presenting this award. I like how he acknowledged the fact that all of the women who were nominated had been acting since they were little and they have persevered throughout the years to be where they are today. Anne Hathaway seemed nervous when she did her speech, but maybe it was excitement. I liked the fact that she thanked everyone individually because it made it very personal to each individual she thanked, but as her speech progressed she acknowledged every single person in every group she recognized and I think it became too much although it was a nice thing to do. The reference to the movie at the end of her speech I felt was a good way to close her speech. It gave credit to the movie she played in and gave a sense of her character in the movie which is what she received the award for. Overall her speech was brief, sincere, and she accepted the award graciously. The final speech I watched was â€Å"Meryl Streep winning Best Actress†. In the beginning of the speech she seemed a little cocky because of what she said. I feel like acknowledging or implying the fact that you have won many times is inappropriate and disrespectful to others who were nominated and that just showed the kind of person she comes off as and it wasn’t a good impression. When she started thanking people I was annoyed of how much information she gave about their relationships. It was like she was telling her life stories with them and it was too much information. Aside from that the rest of her speech was very sincere and loving because of the emotion she had when she began to talk about the friendships she made and the experiences she’s had with making movies with different people.

Parental Risk Factors And Child Maltreatment Social Work Essay

Parental Risk Factors And Child Maltreatment Social Work Essay It is staggering to know that thousands of children are maltreated in ways that are detrimental to their developmental and psychological growth. Widespread concern about the issue was initially triggered in the 1960s to raise awareness of the plight of the battered child. Research has recognised numerous risk and protective factors commonly associated with child abuse. This essay will deal with the parental risk factors and will take into account the measures that afford protection against them. Some forms of child maltreatment are related to parental competency due to age, temperament or a personal history with child abuse. However, a good deal of abuse and neglect is linked to sources of stress where marital conflicts, domestic violence, and the lack of a stable social network play significant causal roles. Having said that, no single factor can be definitive in determining risk and so they require simultaneous consideration. Despite the causes, family protective factors can reduce maltreatment rates by promoting positive parent-child relationships, encouraging extended family support and by building parental resilience. When addressing the question of intervention, knowledge of the risk and protective factors implicated in child mistreatment can minimise risk. By recognising the complex interaction of factors that affect susceptibility to maltreatment, professionals can implement programmes specifically designed to protect children at risk. Therefore understanding the causes of maltreatment is crucial to preventing the problem. Child maltreatment is a complex and pervasive problem that cuts across all sectors of society, where even defining the term ensues in an inherent complication. During the 1960s, the growing prevalence of abused children lead to the introduction of the term battered child syndrome. This term, seen as a narrowly defined, was broadened so as not to simply infer to physical abuse. In 1997, the World Health Organisation drafted a definition of child maltreatment to encompass both emotional and physical injury but also negligent treatment. Risk factors are characteristics where certain behaviours or conditions will likely play a contributory role in child mistreatment. Although some are not direct causes, circumstances in which these factors exist make a child highly vulnerable to experiencing maltreatment. However, there are also factors that offer a protective effect which mediate against risk and therefore can increase the well-being of children and families. When determining risk in familial child maltreatment, it is necessary to examine the role of the parent as he is often the direct perpetrator. Temperament is significant when trying to understand why parents abuse their children. Influence of an individuals psychological capacity on parental functioning can be found in investigations of mentally disturbed adults. Baldwin, Cole and Baldwin (1982) have revealed that families with a parent suffering from a psychotic disorder were less interactive and exhibited less warmth than families without. Mental illness can distort a parents judgement to a point where he is no longer competent to make decisions about a childs needs. Strong evidence implicating psychological factors in the etiology of child maltreatment derives from reports of intergeneration cycles of abuse (Spinetta and Rigler, 1972; Sherrod, et al., 1986). Parents who were victims of child mistreatment themselves gives rise to the common perception that being a victim is a determinant for turning into an abuser, yet there is a lack of substantial evidence. Undoubtedly, a history of abuse is a considerable risk factor alone but child maltreatment is determined by a complex interaction of rick and protective factors; factors which differentiate between repeaters and non-repeaters. Notwithstanding, parents who were mistreated as children are less likely to become victimisers if they resolve internal conflicts related to that history of abuse. To further reduce risks, it is also important if parents have a supportive spouse and good social supports (Hunter and Kisltrom, 1979). However, adults who were rejected as children become emotionally insulated from interpersonal relations and are unable to give affection or form a close bond with their children (Kempe and Kempe, 1978). This returns attention to the psychiatric make up of the individual abuser and shows how interrelated causal factors are. Competent parenting can also be associated with psychological maturity; another determinant of maltreatment. Therefore, age serves as a indication of maturity and parental aptitude as young mothers may posses less desirable child-rearing attitudes than older mothers. Having said that, age also accounts for poor or inaccurate parenting skills as teen-parents will lack the fundamental understanding of a childs needs. Having unrealistic expectations about a childs progress may culminate in inappropriate punishments where conclusive studies presented by Straus (1992), and Flanagan et al., (1995), report that teenage mothers tend to exhibit higher rates of child abuse. Protective factors aimed at minimising these risks should support parents with their child-rearing skills and teach sensitive parenting techniques. By providing parent education classes for new and especially for teen parents can inform them about normal child development and what to expect from their children at specific ages. Yet, this protective factor is not well-suited for all as some parents may be reluctant to attend parent-group meetings. Social conditions create stresses that undermine family functioning where specific situations may exacerbate certain emotions of the family members affected. Hostility and frustration can resultantly aggravate the level of familial maltreatment. Marital relationships serve as a principle support system for parents and so conflicts can elicit child maltreatment. Family dissolution can burden an individual and research indicates that children living with single-parents may be at a higher risk of experiencing abuse and neglect than children with two biological parents (Finkelhor, et al., 1997). The sole burden of family responsibilities linked together with fewer supports can contribute to the risk of single-parents mistreating their child. Children in violent homes who witness intimate partner violence are subsequently at risk for being maltreated themselves. Appel and Holden (1998) have found that spousal abuse and child maltreatment co-exist in 30-60% of families. Even if children are not maltreated, they still experience harmful emotional consequences as witnessing violence teaches likewise behaviour or warrants it as appropriate and the child may resort to using violent action later in life. This draws attention back to the victim to offender hypothesis. In addition to a family system, interpersonal relations, between relatives and friends are essential when considering risks. Parents who are isolated with few social connections are at higher risk for maltreating their children. Hetherington, Cox and Cox (1977) have found that the support received from significant others exert a beneficial impact on parent-child relations. This data shows how a stable social network is positively linked with parents sense of competence in the care-giving role and evidently can lessen maltreatment rates. But its not merely about having several social connections but the quality of them as-well. It is interesting however that in these cases of support, the mediating role of the parents psychological well-being is pivotal. Marital relations do not influence parenting directly but instead promote positive attitudes in an individual and thereby influence parenting capabilities (Gamble and Belsky, 1984). Similarly, social relations may serve to enhance the psychological functioning of the parent. Sources of stress and support thus strongly affect parental competence, as although unfavourable relations contribute to the etiology of abuse, the quality of the relationship is influenced by personality; correspondingly, they produce bi-directional affects. Parental substance abuse, is also predictive of child maltreatment when daily stresses of raising children prove challenging especially when accompanied with multiple life stressors such as an history of abuse or marital conflicts. Substance misuse interferes with mental functioning and subsequently make parents less available to children, as Forrester (2000) confirms that substance abuse is strongly related to neglect. It may also explain some of the attachment difficulties that can occur, since healthy development requires parental responsiveness to the needs of a child. Being intoxicated can again negatively influence parental discipline choices and lead to violent tendencies towards a child. Simultaneously, these risk factors can affect a parents capacity to cope effectively but by reaching out to a support system can help build resilience against stressful circumstances. The interactive play of risk and protective factors provoke familial child maltreatment but it can be prevented regardless. Early identification of causes and outlining the compensatory factors can lead to effective interventions to protect the child involved. Helfer and Kempe (1976) have argued that preventing child abuse entails predicting its occurrence. Therefore, it is clear that professionals need awareness of the several factors that create contexts for maltreatment so that intervention programmes employ a multi-sectoral approach. By acknowledging the factors, intervention strategies can be implemented to minimise the underlying risks; encourage reaching out to family and friends, but also to strengthen the protective factors; advanced prenatal care and home-visitor networks (Halperin, 1979; Parke Collmer, 1975). Moreover, when enforcing intervention strategies, the treatment of parents should be coordinated to that of children as the potentials for change in parent-child relationships and parental attitudes is maximised (Olds, 1983). However, risk factors have limitations in predicting specific instances of abuse as the determinants in one family may not necessarily result in child maltreatment in another. Furthermore, an individual may not have the emotional resources to cope adequately with the demands of parenting and so intervention must be able to address these implications. Additionally, extensive evaluations need to be conducted to ascertain the effectiveness of short and long-term intervention programmes.

History and Global Impact Vibrio Cholerae and Cholera :: Diarrhea Bacteria Disease

Vibrio Cholerae and Cholera - The History and Global Impact Abstract Cholera is a diarrhea disease caused by the bacteria, Vibrio Cholera. For centuries, cholera has terrorized the world. There have been seven pandemics since 1817 and many lives have been lost. Even to this day, cholera runs rampant in many areas of the world. The impact cholera has had on the world is enormous. Cholera has caused immense amount of human suffering and economic/social loss since its beginning. But, as time goes on, discoveries are made and ideas are created on treatments that save many lives and some places are now cholera free. In those regions, Cholera is a thing of the past; while in other parts of the world, it is very much still a threatening disease of the present and future. ______________________________________________________________________________ Cholera, the massive watery diarrhea disease, has struck the earth with its angry fists since the beginnings of civilization. From the start, Vibrio cholerea has infested the world and Cholera has especially terrorized the world in a series of pandemics. Without a doubt, Cholera has traveled throughout the whole world, stopping to pillage multitudes of cities of many of its inhabitants. It knows no boundaries. The only place it hasn’t ruthlessly invaded is the barren ice desert of Antarctica. Even to this day, cholera still robs places of lives. The first Cholera pandemic broke out in 1817. Cholera outbreaks continued to spread across Europe, Central Asia, Southeast Asia, the Middle East, and parts of Africa until 1823 (Barua Pg.8). Where the pandemic began is controversial, but cholera was definitely present in multiple places prior to and during 1817. India was an area that was affected by cholera in 1822. The fatality rates among the native and English troops in India were 21 for every 100 for the natives and 10 per 100 for the English (Barua Pg.8). Six years after the first Cholera pandemic, another pandemic sprang up. The second pandemic flew through Asia, Europe, the Middle East, some parts of Africa and the United States from 1829 to 1851. There were many â€Å"violent epidemics† sprinkled throughout the pandemic. One particularly violent epidemic took place on a pilgrimage to Mecca, where many died, including the Mecca and Jeddah governors and the Pasha (Barua Pg.9). Another outbreak that took place near Mecca was in 1846 where 15,000 people died (Barua Pg.10). However, as more cases of cholera appeared more new ideas for treatments did too. History and Global Impact Vibrio Cholerae and Cholera :: Diarrhea Bacteria Disease Vibrio Cholerae and Cholera - The History and Global Impact Abstract Cholera is a diarrhea disease caused by the bacteria, Vibrio Cholera. For centuries, cholera has terrorized the world. There have been seven pandemics since 1817 and many lives have been lost. Even to this day, cholera runs rampant in many areas of the world. The impact cholera has had on the world is enormous. Cholera has caused immense amount of human suffering and economic/social loss since its beginning. But, as time goes on, discoveries are made and ideas are created on treatments that save many lives and some places are now cholera free. In those regions, Cholera is a thing of the past; while in other parts of the world, it is very much still a threatening disease of the present and future. ______________________________________________________________________________ Cholera, the massive watery diarrhea disease, has struck the earth with its angry fists since the beginnings of civilization. From the start, Vibrio cholerea has infested the world and Cholera has especially terrorized the world in a series of pandemics. Without a doubt, Cholera has traveled throughout the whole world, stopping to pillage multitudes of cities of many of its inhabitants. It knows no boundaries. The only place it hasn’t ruthlessly invaded is the barren ice desert of Antarctica. Even to this day, cholera still robs places of lives. The first Cholera pandemic broke out in 1817. Cholera outbreaks continued to spread across Europe, Central Asia, Southeast Asia, the Middle East, and parts of Africa until 1823 (Barua Pg.8). Where the pandemic began is controversial, but cholera was definitely present in multiple places prior to and during 1817. India was an area that was affected by cholera in 1822. The fatality rates among the native and English troops in India were 21 for every 100 for the natives and 10 per 100 for the English (Barua Pg.8). Six years after the first Cholera pandemic, another pandemic sprang up. The second pandemic flew through Asia, Europe, the Middle East, some parts of Africa and the United States from 1829 to 1851. There were many â€Å"violent epidemics† sprinkled throughout the pandemic. One particularly violent epidemic took place on a pilgrimage to Mecca, where many died, including the Mecca and Jeddah governors and the Pasha (Barua Pg.9). Another outbreak that took place near Mecca was in 1846 where 15,000 people died (Barua Pg.10). However, as more cases of cholera appeared more new ideas for treatments did too.

Radical Issues in the Colonies :: essays research papers

During the colonial period of America, many colonists struggled with the laws imposed upon them by England. The struggle grew over the years until many Americans had developed a revolutionary attitude toward their mother country. This attitude not only led the colonists into the American Revolution which freed them from the rule of England, but also influenced the ways in which the various colonies chose to govern themselves. The experience of colonial rule caused the new Americans to denounce certain aspects of government which had been a part of their colonial society and, in fact, seemed somewhat radical at the time. However, the most revolutionary act they seem to have accomplished was the war for independence itself.   Ã‚  Ã‚  Ã‚  Ã‚  The Virginia Declaration of Rights, which served as a basis for many Bills of Rights in state constitutions, laid out basic rights of men as the foundation of their new government. The idea that â€Å"all men are by nature equally free and independent† is then qualified in the document itself by the phrase â€Å"when they enter into a state of society.† The phrase regarding society is intended to exclude slaves from the â€Å"free and independent† status given to all other men. John Ross expanded on this theme at a New York state convention where he stated that blacks are â€Å"seldom, if ever, required to share in the common burthens or defence of the state† and are â€Å"incapable†¦of exercising that privilege with any sort of discretion, prudence, or independence.† Colonel Samuel Young, speaking at the same convention where Ross stated his views, felt that blacks would â€Å"sell their votes to the highest bidder.† The views seem oddly the same, though blacks were no longer slaves in New York at that time. The Pennsylvania Gradual Abolition Act of 1980 started the abolition slavery by laying out the conditions under which slaves and people born into slavery would eventually be free. Basically, it limited the time a person could be held as a slave and granted other rights to â€Å"Negroes and Mulattoes.† In particular, the Act stated that the crimes of Negroes and Mulattoes would be judged and punished the same as crimes of the â€Å"other inhabitants of this state,† but did denote that a slave could not testify against a freeman. This limitation perpetuated the idea that slaves and black people were not on equal footing with white men.   Ã‚  Ã‚  Ã‚  Ã‚  In today’s world, the remnants of a time when blacks were viewed as inferior to whites can still be seen, yet it is difficult to imagine that the statements made in documents which were designed to declare the rights of people in America are so boldly prejudiced.

Aspect Of Contract And Negligence For Business

Abstract This paper is focused on providing information about important principles of contract and negligence for business. The first part of the paper discusses the specificity of contract law by emphasising details from two case studies: East Midlands Airways Airbus and a case of the supply of mobile phones. The second part of the paper provides information about principles of tort law, as initially liability in tort is contrasted with contractual liability. The emphasis in the second part is on negligence for business, with reference to the case study of King’s Restaurant and a case involving Angelina and Christian Auctioneers.IntroductionIn the area of law, numerous aspects should be given importance. The issue of contract and negligence for business has received substantial attention in the field of legal practice. This paper is divided into two major parts covering issues from contract law and tort law (Elliott and Quinn, 2003). In the first part of the paper, the focus is on ide ntifying major elements for the formation of a valid contract as well as assessing the impacts of different types of contracts. There are two main case studies involved, respectively East Midlands Airways Airbus and the supply of mobile phones. In the part on tort law, liability in tort is contrasted with contractual liability through providing relevant examples from a case study of King’s Restaurant and a case of Angelina and Christian Auctioneers (Horsey and Rackley, 2011).Contract LawLegal ElementsIn the case study of East Midlands Airways (EMA) Airbus, it is important to identify essential legal elements for the formation of a valid contract. There are certain major elements that indicate the legal bonding of the contract. They should be thoroughly considered as part of contributing to the validity of the contract (Poole, 2012). The first legal element refers to the inclusion of an offer, which indicates one’s willingness to enter into a specific bargain. In this c ase, an offer is made by Phil, the Chief Executive Officer of Zulu Aviation Ltd. Another important legal element for the formation of a valid contract is associated with acceptance, which should indicate an agreement to the terms initially made. Phil’s offer of ?100,000 for reserving the Airbus 321 has been accepted by Joseph, EMA’s Managing Director. The third significant legal element showing the validity of the discussed contract is the availability of a legal purpose (Knapp et al., 2012). It is clear that the contract’s purpose is legal because it is based on the sale of a second-hand Airbus 321. Furthermore, mutuality of obligation presents a situation in which both parties ensure mutual understanding to the expression and form of their agreement. In other words, a common expectation is that the parties need to agree to the same thing, which is described in the same manner, and at the same time. These legal conditions have been met by both Phil and Joseph. Consideration indicates another essential element for the formation of a valid contract (Poole, 2012). Legal binding needs to be supported by valuable and realistic consideration. In the case study of EMA, Phil ensures his consideration by claiming that he will pay ?100,000 to EMA if the latter promises not to sell the Airbus 321 to another buyer for the period of five days. The importance of these components reflects in the validity and legality of the contract to be established, and if any of these conditions are non-present, it is virtually impossible to form a valid contract (Knapp et al., 2012).Impacts of Different Ty pes of ContractWhen discussing the specificity and implications of contract law, it is important to consider the impacts of different types of contract, such as bilateral and unilateral contracts, express and implied contracts, void and voidable contracts, and distance selling contracts (Hillman, 2004). Bilateral contracts are commonly used in daily life, as they represent an agreement between at least two individuals or groups. Unilateral contracts are associated with an action undertaken by one individual or group alone, as this type of contract allows only one individual to involve in making a specific promise or agreement (Elliott and Quinn, 2003). In express contracts, a promise is stated in a clear language, while in implied contracts, the focus is on presenting behaviours or actions which lead parties to believe that a certain agreement exists (Hillman, 2004). Void contracts are contracts that cannot be enforced by either party. According to law, void contracts are perceived as if they had never been established. The main aspect of void contracts refers to a situation where one of the parties performs in an illegal manner (Hillman, 2004). Therefore, void contracts cannot be conducted under the law. An example of void contracts can be found in Dickinson v Dodds [1876], where there is only an offer made and was intended to be an offer solely because it did not result in any legally binding agreement. There was no consideration ensured or promise and thus was judged non-binding. Although in the case of Shuey v US [1875] the revocation is prominent as the offer is, the type of offer is considered non-binding. On the other hand, voidable contracts are based on enforcement and hence they are valid (Elliott and Quinn, 2003). In general, only one of the parties is legally bound to such contracts. Yet, the unbound party has the right to cancel the contract and thus the contract automatically becomes void (Knapp et al., 2012). This implies that voidable contracts represent valid, legal agreements. Distance selling contracts refer to the main responsibility assumed under the law to protect consumers while they conduct shopping activities online. Such regulations also occur in situations where consumers enter into other contracts, as they are at a distance from the supplier (Hillman, 2004). Special protection is ensured to customers on the basis that they are unable to meet directly with the supplier and check the quality of goods and services that are offered for sale. Distance selling regulations have been enforced in the UK since 2000, but it is essential to note that they are inapplicable to contracts between businesses (Elliott and Quinn, 2003). The main legal effect of these regulations is that they enable consumers with the right to receive accurate and proper information about the supplier, including the products and services that are provided for sale. In addition, consumers tend to receive a written confirmation of such information, which makes the regulations credible . There is also a cancellation period of seven working days in which consumers have the right to withdraw from the contract. Individuals receive protection from different forms of fraud associated with the option of using payment cards (Knapp et al., 2012).Case Study of EMAIn the case study of EMA, the focus is on determining whether the two parties have formed a valid, legal contract. As previously mentioned, the parties applied each of the essential legal elements for a valid contract, including offer, acceptance, legal purpose, mutuality of obligation, and valuable consideration. The terms of the contract between EMA and Zulu Aviation Ltd are clearly specified. However, it can be argued that the type of contract presented by the two parties is express considering that the promise for forming a legally binding agreement has been stated in a clear language verbally, via phone (Poole, 2012). Despite the precise form of the binding procedure, the validity of such express contract is apparent. There are strictly claimed promises on the behalf of both sides: the first party needs to pay a particular amount of money to guarantee the sale of the Airbus 321; the other needs to keep his promise not to sell the Airbus 321 to another buyer for the next five days. It can be concluded that such initial conditions of forming a legal contract have been met (MacMillan and Stone, 2012). Simply put, there is an offer followed by an acceptance by EMA’s Managing Director. An example of the complex transaction that took place between EMA and Zulu Aviation Ltd can be found in the case of Byrne v. Van Tienhoven (1880), which presents relevant inferences on the issue of revocation with regards to the postal rule. In the case of EMA and Zulu Aviation Ltd, the phone rule (considering the phone conversation between Phil and Joseph) may not apply in revocation. In other words, while a phone conversation to arrange a contract may simply indicate a valid acceptance, it is most lik ely that the court will rule that it does not count as proper and valid revocation (MacMillan and Stone, 2012). Moreover, there is a stated legal purpose that legally binds both parties to form a valid agreement. They are focused on keeping their promise, which is an initial requirement for the establishment of a legal contract. It can be indicated that the objective of the contract between EMA and Zulu Aviation Ltd is to achieve a legal purpose. Thus, the condition of a creating a purpose for the existence of a binding contract has been applied in the case (Poole, 2012). The mutuality of obligation is also evident considering the motifs and promises ensured by both sides. There is a strong sense of mutual understanding on the behalf of each party regarding the expression and specificity of their agreement. In addition, there is an objective standard being applied in the case in terms of determining what the parties have precisely said in the process of forming their agreement (Knapp et al., 2012). The fact that the offer is clear and definite is indicative of both parties’ acceptance o f the terms outlined in the offer. There is a valuable consideration illustrated in the statement of Phil, who is ready to pay ?100,000 in case EMA’s Managing Director fulfils his promise. Therefore, this case study illustrates the application of an express contract law (MacMillan and Stone 2012).Implications regarding the Supply of Mobile PhonesThe only specified term in the contract between Key Services Enterprise (KSE) Ltd and Unique Mobile Solutions (UMS) Ltd is that of the provision of 500 mobile telephones, which are suitable for use in the UK. The court will classify these types of contractual terms as intermediate or innominate terms (Poole, 2012). The status of these terms is not clearly defined, as their significance lies between a condition and a warranty. Innominate terms were established in the case of HK Fir Shipping v Kawasaki Kisen Kaisha [1962], where the defendants chartered a ship for the duration of two years from the plaintiffs. In the agreement establish ed between the two parties, there was a specific clause indicating that the ship was suitable for performing cargo service. Due to problems with the engine, 20 weeks of the charter were lost and thus the defendants were entitled to bring an action for damages for breach of contract on the grounds of the clause specified in the agreement (MacMillan and Stone, 2012). Under the circumstance that the use of the telephones supplied was illegal in the UK, and they could not be modified to make their use legal, the court will classify this term as misrepresentation or a false statement made by the mobile phone seller regarding the use of the products. As in the case of Gordon v Selico [1986], it is possible to make a misrepresentation by words or by conduct. However, it should be considered that representation is not a term. Moreover, the telephones supplied required tuning to particular frequencies, a task taking two minutes for each one. This aspect also indicates the presence of innominate terms (Knapp et al., 2012). However, under the circumstance in which the CEO of KSE signed the contract with UMS, there is no reference to any other document. In addition, KSE’s CEO accepted the receipt of the transaction without reading it, which represents a serious mistake that can be identified as negligence in lawful terms. The harm caused by the deci sion of KSE’s CEO to sign a contract with UMS is as a result of his carelessness. There is a failure to behave with the proper level of care required for the described circumstances (Poole, 2012). On the back of the receipt provided by UMS, the statement can be classified by the court as an exclusion clause because the provider of the mobile phones has directly excluded liability for contractual breach. In an attempt to analyse the exclusion clause as a term under the circumstance in which KSE’s CEO accepted the receipt without reading it, specific implications can be drawn. As a term in a contract, an exclusion clause indicates the purpose to limit or restrict the rights of the parties bound to the contract (Hillman, 2004). A true exclusion clause, as in the case of UMS, recognised a potential breach of contract, and then serves as an excuses liability for any potential breach. Therefore, it can be concluded that an exclusion clause was ‘incorporated’ into the contract with KSE. The effect of this term in the contract should be evaluated on the basis of incorporation (Elliott and Quinn, 2003). This means that UMS has actually incorporated an exclusion clause by signature (at the back of the receipt of the transaction provided to KSE). The fact that KSE’s CEO accepted the receipt and signed it means that the respective clause is considered part of the cont ract. Yet, the party representing the clause, UMS, has not taken any reasonable steps to bring it to the close attention of the second party in the contract (MacMillan and Stone, 2012). Applying the legal controls that the court would use in assessing the validity of the term in the contract should refer to principles of strict literal interpretation and contra proferentem (Hillman, 2004). In order an exclusion clause to operate, it needs to cover the breach with an assumption of a potential breach of contract. In case there is a breach of contract, the specific type of liability which is emerging is also relevant in the process of interpretation by the court. There is strict liability involved, which arises as a result of a state of affairs in which the party at breach is not necessarily identified as responsible for the fault (Smits, 2005). However, the court needs to consider the case of liability for negligence, or in other words, liability arising as a result of fault. A common tendency demonstrated by the court would be to require the party which relies on the clause to have drafted it adequately in order to result in a situation where that party is exempted f rom the liability arising (Cauffman, 2013). In the presence of ambiguity, as it might be in the case of KSE and UMS, the court would most probably apply the legal control of strict literal interpretation against the party which extensively relies on the exclusion clause in the contract. In the process of assessing the validity of the exclusion clause in the contract, the court may also apply the legal control of contra proferentem (MacMillan and Stone, 2012). In case ambiguity persists even after attempts have been made to construe an exclusion clause with regards to its natural meaning, the court may decide to apply a rule identified as contra proferentem. This term implies that the clause needs to be construed against the party in the contract that imposed its initial inclusion, respectively UMS. In the context of negligence, the court would most probably take the approach that a party would enter into a contract that permits the second party to evade fault based liability (Cauffman, 2013).Law of TortLiability in Tort and Contractual LiabilityWhile discussing certain implications of liability, contrasting liability in tort with contractual liability is important. All activities initiated by individuals as well as organisations are regulated by law. Tort law repres ents a branch of the civil law, and it should be considered that any dispute in civil law is usually between private parties (Horsey and Rackley, 2011). As indicated in the previous section, strict liability illustrates a solid legal doctrine according to which a party is held responsible for the damages resulting by his or her actions. Strict liability is also applicable to tort law especially in cases involving product liability lawsuits (Okrent, 2014). In the context of tort law, strict liability refers to the process of imposing liability on a party or individual without a particular finding of fault. In case fault is found, the court would determine a situation known as negligence or tortuous intent (Hodgson and Lewthwaite, 2012). As a result, the plaintiff would need to prove the occurrence of the tort and the implied responsibility of the defendant. The objective of strict liability is to discourage any forms of reckless behaviour as well as irrelevant product development and manufacturing. Therefore, liability in tort refers to the duty of care along with the negligence of that duty. On the other hand, contractual liability is associated with a situation in which two or more parties promise specific things to each other (Okrent, 2014). Liability in tort and contractual liability are similar in the point that they are both civil wrongs, and the individual wronged sues in the court in order to obtain compensation. However, the m ain difference is that in a claim related to liability in tort, the defendant may not have been involved in any previous relationship or transaction with the claimant. On the contrary, in a claim of contractual liability, the main condition that should be met is that the defendant and claimant should be the parties representing the contract (Hodgson and Lewthwaite, 2012).Case Study of King’s RestaurantIn an attempt to analyse the situation described in the case study of King’s Restaurant, it appears that it should be considered on the basis of tort of negligence. The claimants in this case, Carlos and Janet, need to prove certain elements to the court so as to provide a valid proof of negligence and claim damages (Okrent, 2014). These elements refer to proving that the restaurant owed them a strict duty of care; the restaurant breached that particular duty of care; and Carlos and Janet suffered damage resulting from the breach. The notion of the duty of care was establ ished in Donoghue v Stevenson [1932] in which the court enforced the decision that an individual may sue another person who caused them loss or damage even in the absence of contractual relationship. Yet, in the case of Carlos and Janet, it needs to be considered that even if the court proves negligence, the restaurant may have a defence that protects it from liability, or decreases the precise amount of damages it is liable for (Horsey and Rackley, 2011). Hence, it can be argued that there is tortuous liability action against the restaurant. There is a breach of a statutory duty in King’s Restaurant case study, as the direct consequence was harming a person, which gives rise to tortuous liability for the restaurant towards Carlos and Janet under the legal doctrine of negligence (Christie et al., 1997). However, the victim should be identified in the class of individuals protected by the statute. Another important condition related to the success of the tort suit is that the injury should be of the specific type that the statute intended to prevent. Thus, the claimants need to prove their claim on specific balance of probabilities. It is also important for Carlos and Janet to show that the damage suffered is not quite remote from the breach (Horsey and Rackley, 2011). It should be assumed that a duty of care existed in this case because King’s Restaurant is identified as an award-winning and very expensive English restaur ant, which directly brings the conclusion that the services provided by the restaurant should be at a superior level. The standard of care should be determined through expert testimony and through the consideration of applicable, professional standards in the industry. The harm in the case is mostly physical, which makes it a sufficient claim for negligence. The problem in the case study can be resolved if Carlos and Janet definitely consider the option of claiming tortuous liability against the restaurant (Christie et al., 1997).Case Study of Angelina and Christian AuctioneersIn this case, the legal principles of tort of professional negligence misstatement and vicarious liability can be applied. The tort of professional negligence misstatement refers to representing a fact, which is improperly and carelessly made. This claim is usually relied on by another party and results in their disadvantage (Hodgson and Lewthwaite, 2012). Vicarious liability presents a doctrine according to w hich an individual is responsible for the actions of another person because of a special relationship available between the parties, such as the one between an employer and an employee. Angelina has rights and remedies against Brad and Christian Auctioneers in connection with the incorrect advice given to her about the worth of the painting (Okrent, 2014). In the case, Angelina relies on the other party for their expertise, knowledge, and judgment. Moreover, the person who provided advice to Angelina, Brad, knew that the other party was relying on him and his judgment about the painting. It can be also argued that it was reasonable for Angelina in the presented circumstances to rely on Brad and Christian Auctioneers. Brad on the behalf of his organisation, Christian Auctioneers, has given a negligence misstatement regarding the painting’s value. His judgment was personal rather than professionally based (Hodgson and Lewthwaite, 2012). Angelina’s rights against Brad and Christian Auctioneers are based on the premise of the special relationship established between her and this organisation. In the process of examining the special relationship concept, an example can be observed in the case of Shaddock & Associates PTY Ltd v Parramatta City Council [1981], in which a solicitor acting on behalf of Shaddock established contact with the Parramatta City Council to seek advice regarding the potential impact on a property as a result of road widening proposals (Okrent, 2014). The council employees gave the solicitor a negligent misstatement, and as a result, Shaddock purchased the property and significant losses have been suffered. When applying the law in the case of Angelina, duty of care should be established in order to claim for negligence. It is important to consider the question of whether it was reasonably foreseeable that the actions of Brad and Christian Auctioneers would cause harm or loss to Angelina. Fu rthermore, it is essential to establish the presence of a physical or factual link between Angelina and Brad and Christian Auctioneers. It can be deduced that their relationship was physical considering that Angelina approached the company to give her a valuation of some antique furniture present at her flat (Christie et al., 1997). The court would also need to determine the vulnerability of the plaintiff, and it can be indicated that the vulnerability to Angelina was high because she was relying on Brad and Christian Auctioneers for their professional advice in order to make a sound decision (Horsey and Rackley, 2011). The court would need to consider the actual damages caused. Considering that Angelina sold a valuable painting of Rembrandt for only ?100 is indicative of the losses she suffered due to the incorrect advice given to her. Moreover, the principle of vicarious liability could also refer to this case (Horsey and Rackley, 2011). Vicarious liability is applicable because liability is attributed to Christian Auctioneers that has a responsibility for its employee, Brad, who negligently causes a loss to Angelina because of the incorrect advice provided to her. In other words, the employer is responsible for the actions of the employee. Therefore, this form of strict liability can be imposed on Christian Auctioneers due to the negligent conduct of its employees in the case of Angelina (Okrent, 2014).Possible Defences Available to Christian AuctioneersThere could be possible defences available to Christian Auctioneers. Such defences are mainly based on the assumption whether there is a contractual relationship between the parties (Okrent, 2014). An example of this aspect can be found in the case of Henderson v Merrett Syndicates Ltd [1994], emphasising a statement of responsibility by an individual providing pr ofessional services along with reliance by the individual for whom the services were provided. Therefore, in the case of Angelina, it can be deduced that there was no special, contractual relationship between the parties (Christie et al., 1997). Angelina sought a free valuation, which may imply that there would not be liability for such type of information.ConclusionThis paper discussed essential aspects of contract law and tort law. The first part of the paper focused on describing the elements comprising a valid, legal contract along with differentiating the effects of common contracts (MacMillan and Stone, 2012). Details from two case studies were provided, namely from East Midlands Airways Airbus case and the case involving the supply of mobile phones. Important issues pertaining to contract law were discussed with the application of relevant law. The second part of the paper emphasised important principles of tort law by differentiating liability in tort and contractual liabili ty. Negligence liability was discussed with regards to the case study of King’s Restaurant. Specific details about tort of professional negligence misstatement and vicarious liability were provided in the case study of Angelina and Christian Auctioneers (Okrent, 2014). In conclusion, legal and business practitioners need to stay informed about valid and applicable law principles with regards to contract and negligence in order to adhere to professional standards of conducting appropriate business practices. References Byrne v Van Tienhoven [1980] CPD 344 Cauffman, C. (2013). ‘The Principle of Proportionality and European Contract Law’. Maastricht Faculty of Law Working Paper. Working Paper No. 2013-05. Christie, G. C., Meeks, J. E., Pryor, E. S., and Sanders, J. (1997). Cases and Materials on the Law of Torts. St. Paul, MN: West. Dickinson v Dodds [1876] Ch. D. 463 Donoghue v Stevenson [1932] UKHL 100 Elliott, C. and Quinn, F. (2003). Contract Law. London: Longman. Gordon v Selico [1986] HLR 219 Henderson v Merrett Syndicates Ltd [1994] UKHL 5 Hillman, R. A. (2004). Principles of Contract Law. St. Paul, MN: West. HK Fir Shipping v Kawasaki Kisen Kaisha [1962] EWCA 7 Hodgson, J. and Lewthwaite, J. (2012). Tort Law Textbook. Oxford: Oxford University Press. Horsey, K. and Rackley, E. (2011). Tort Law. Oxford: Oxford University Press. Knapp, C. L., Crystal, N. M., and Prince, H. G. (2012). Problems in Contract Law: Cases and Materials. New York: Wolters Kluwer Law & Business. MacMillan, C. and Stone, R. (2012). Elements of the Law of Contract. London: Stewart House. Okrent, C. (2014). Torts and Personal Injury Law. New York: Cengage Learning. Poole, J. (2012). Casebook on Contract Law. Oxford: Oxford University Press. Shaddock & Associates PTY Ltd v Parramatta City Council [1981] HCA 59 Shuey v US [1875] 92 US 73 Smits, J. M. (2005). ‘The Principles of European Contract Law and the Harmonization of Private Law in Europe’. Maastricht University Faculty of Law, pp. 567-590.