Thursday, September 5, 2019

Legal Aspects of Project Management

Legal Aspects of Project Management 1. Introduction to the contract law Law of contract: The law of contract is the study of legal principles which underlie all contracts; it is not concerned with particular types of contracts and their specialized rules (Koffman and Macdonald 2001). What contract laws do? This can be briefly explained as follows: Agreement is formed between two parties, when some disputes between the parties arise over the agreement, then one or both parties’ initiates the judicial process. Then the judicial applies the rules of the contract law like first they check with the formation and vitiation of the project and adds on the identification and interpretation of the express terms in the contract and check for the terms included in the contract, from that all they subtract the invalid expressions and terms and finally they look for the remedies of breach and gives the result. Though the contract law basically stands on the basics of the agreement of the parties, the result is completely based on the process of judicial application of the contract law. Purpose of contract law: Butterworths states that contract law has many â€Å"purposes†, but the central one is to support and to control the million of agreements that collectively make up the â€Å"market economy†. (Turner C 2006) Based on the knowledge of law of contract, Legal advice will be given to the two cases in the assignment. Firstly, Nancy and Andy case, Andy is advised whether Andy is eligible to clam the reward  £3000 announced by Nancy for safe return of her dog, which Nancy has refused to give to Andy even after safe return of her dog saying she have never made that offer to him as a individual. Then in Finewines Ltd case, where the company could not fulfill all the customers, supplying there orders, as they don’t hold sufficient stock and Adam is advised whether the disappointed customers might have a valid claim against their company. 2. Nancy v Andy Case 2.1. Brief introduction of the case. Nancy owns a pet dog called Rombo one day she find it missing, then she placed an advertisement in the journal stating â€Å"MISSING DOG, OFFER OF REWARD† and she also stated that â€Å" I am offering  £3000 for its safe return†. Looking at the advertisement one person named Andy remembered that he saw the similar dog roaming in the nearby park and the next day he caught the dog and returned the dog to Nancy and remembered her about the offer she mentioned in the advertisement, in reply to that she said â€Å"stop being so silly, Andy! I have never made the offer to you as an individual† and said him to leave the house. Andy has to be advised whether he is entitled to  £3000 reward. 2.2. Legal issues arising in the case The main legal issue in the case is, whether Nancy is subjected to contract with Andy to pay him  £3000. In order to solve the above legal issue we have to checkout the main elements of the contract in the case. Let the elements we are mainly going consider be offer, acceptance and intention to be legally bound. 2.3. Legal research related to the case. Contract: â€Å"A contract is an agreement between two parties by which both are bounded in law and which can therefore be enforced in a court or other equivalent forum† ( Turner C 2006), The person who places the offer is known as offeror and the person who accept the offer is an offeree. We have two different trems to be known, they are offer and acceptance(accept). This are the two main elements in a contract. One way of classifying contracts is according to whether they are ‘bilateral’ or ‘unilateral’. Bilateral contract: In bilateral contract a promise by one party is exchanged for the promise of the other party (Duxbury R 1997). Where the both parties are bind to the contract. Unilateral contract: In unilateral contract one party promise to do something in return for the act of the other party, the act is defined by the party makes the promise (Duxbury R 1997). From the above definition we know that the case we are dealing (Nancy Andy) may comes under unilateral contract. Nancy is the party who sets the contract, by makes the promise of offering  £3000 for the safe return of the dog. Here safe return of the dog is the act set by Nancy. Offer: An offer is a legal commitment, a proposal which invites, indeed presupposes, eventual acceptance. (David Oughton Martin Davis 1997). The person who sets the offer is known as offeror and the person who accepts to the offer is known as offeree. Offer may be addressed to one particular person, a group of people or the world at large, as in an offer of a reward (Duxbury R1997). In this case the advertisement made by Nancy can be considered as an offer and Nancy as an offeror and Nady is the offeree, the offer is an offer of reward which is addressed to the world at large. Acceptance: Acceptance may be defined as an unconditional assent, communicated by the offeree to the offeror, to all terms of the offer, made with the intention of accepting (Duxbury R 1997). Acceptance in unilateral contract: Acceptance of a unilateral offer need not be communicated, because performance is the same as acceptance (Carlill v Carbolic Smoke Ball Co.(1893) 1 Q.B 256 Turner C 2006). Intention to be legally bounded: The court have recognized that some agreements, by there nature, are not intended to be legally binding (Duxbury R 1997). The agreement does not become a binding contract unless the parties have shown, expressly or by implication, that they intended to create legal relations: Rose and Frank v. Crompton Bros Ltd.[1923]. (W T Major 1993). Lindley LJ relating to the case Carlill v. Carbolic Smoke Ball Co.[1893] 1 Q.B 256 says that we have to first consider whether the advertisement was intended to be a promise at all, or whether it was a mere puff which meant nothing. His answer for the question â€Å"was it a mere puff?† was No, he has made his answer upon the passage in the advertisement â€Å" £1000 is deposited with the Alliance Bank, shewing our sincerity in the matter† where this statement clearly their promise (Burrows A 2007). The same question arises that whether really Nancy has given that advertisement to create a legal relation. The statement in the advertisement does not really promise that Nancy will be surely paying the reward to the person who brings her dog safe to her. In advertisements the court will look for the intention of the offeror in making the advertisement. As in the case of Carlill v. Carbolic Smoke Ball Co.[1893] 1 Q.B 256. Therefore in this case, the reward Nancy has mentioned in her advertisement is â€Å"mere puff† and is not intended to form the basis of a binging contract (Duxburg R 1997). 2.4 Summary of the legal research. All the basic elements of the contract have not fulfilled to bind a contract. The offer made is not bind to the intention to be legally bounded and its mere puff. So a binding contract is not formed. 2.5 Legal advice to Andy The advertisement given by Nancy in the newspaper is an offer of reward which is opened to the world which is a unilateral offer and the sentences of the offer are so vague as they do not mention about for how long is the offer is and there is no promise made regarding the reward. In the case of unilateral offer the acceptance is considered when the person starts the work as mentioned in the offer and there is no need to be any communication between the offeror and the offeree (in this case Nancy and Andy respectively). Thus acceptance has occurred when Andy started to search the missing dog of Nancy. Then when it comes to the reward in the advertisement Nancy had not made any promise that she will be giving the reward amount of  £3000in the advertisement. So Nancy really does not intend to be legally bonded. Though Andy performed according to the offer it has got no value. Thus a full binding contract is not formed between Nancy and Andy so Andy does not have any valid clam against Nancy to clam for the reward. 3. Finewines Ltd Case 3.1. Brief introduction of the case Finewines Ltd is an importer and distributor of fine wines, based in Sunderland, as a part of there sales strategy had distributed their monthly catalogue containing a list of wines and there prices to there customers. One among the list was White Australian wine for  £75 per case. Looking at their catalogue ten of their customers had ordered for 100 cases of White Australian wine each, then Finewines Ltd realised that they do not hold that amount of stock to fulfil all the customers, all they have is only 500 cases of that White Australian wine as they did not excepted that sort of response that month and it had never occurred earlier and the general manager Adam want to know whether the disappointed customers hold any valid clam against them. 3.2. Legal issues rising in the case The main issue is the whether the customers of Finewines Ltd have a valid claim against them. To solve the above issue we have to find whether the catalogues sent to the customers by Finewines Ltd is on offer or invitation to treaty. 3.3 legal research related to the case. Distinguish between offer and Invitation to treaty: An offer is an statement or expression of willingness to contract for certain terms, where it requires only an acceptance to form a binding agreement and it must be distinguished from all other statements which are made in the course of negotiation in forming a contract: only a offer has a capability to transfer in to an contract. The most common statements that have to be distinguished from offer are an invitation to treaty. The technical definition for invitation to treaty is the statements indicating the maker’s willingness to receive offer (T A Dwones 1997). In this case the Finewines Ltd. company have sent their customers a catalogue which contains a list of wines and there price. The is no statement which is as define in the above sentence for an offer, so there is no statement of offer which could imeditally convert in to an contract, therefore it can be merely an invitation to treaty. Finewines Ltd sent the catalogue as their sales strategy to customers to receive offer from the customers. This is supported by Grainger Sons v Gough [1896] AC 325. In the context of the distributed prise list which is similar to the distribution of the catalogues by Finewines Ltd, Lord Herschell said that the point was made that the supplier will not want to become bound to sale more of a particular item he can supply, which could occur in the prise list (or advertisement) was considered as an offer (Rowland D Macdonald E 2005). Second, relating to the order placed by the customers of Finewines Ltd, in a similar case of invitation to treaty which is the case of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401, where the goods displayed is considered as invitation to treaty and Lord Goddard CJ’s decision states that the display was not an offer, where it was the customer who was making an offer to buy (Burrows A 2007). Similarly in this case the catalogue is not an offer and the order from the customer is the offer now it’s to the Finewines Ltd to accept the offer from the customers. 3.4 Summary of the legal research The catalogue containing the price list of the wines does not form an offer, it’s an invitation to treaty and the orders from the customers based on that catalogue are the offers. 3.5 Legal advice to Adam Finewines Ltd, an importers and distributor of fine wines has distributed their monthly catalogue containing the list of wines and their prices to their customers as their sales strategy, which is an invitation to treaty from the Finewines Ltd and the orders from the customers are the offers and it’s the Finewines Ltd to accept the offer that they can do as per the company norms if they have such as first come first serve, last come first serve etc., thus an contract is not formed in between the customers and the company till now so the disappointed customers do not hold any valid clam against Finewines Ltd. References Koffman and Macdonald (2001). The Law Of Contract. 4th ed. Surrey: Tolley. Mindy Chen-Wishart (2005). Contract Law. Oxford: Oxford. Chris Turner (2006). Unlocking Contract Law 2nd ed. London: Hodder Educations. Robert Duxbury (1997). Contract In Nutshells 4th ed. London: Sweet and Maxwell. David Oughton and Martin Davis (2000). Source Book on Contract Law 2nd ed. London: Cavendish Publishing Ltd. T A Dwones (1997). Text book on contract. 5th ed. London: Black Stone Press Ltd. Chris Turner (2006). Contract Law 2nd. London: Hodder Educations. Andrew Burrows (2007). A case book on contract. Oxford: Hart Publications. Diane Rowland, Elizabeth Macdonald (2005). Information Technology Law. (http://books.google.co.uk/books? id=-VtTiR8niBECpg=RA10-PA273lpg=RA10-A273dq=grainger +%26+ sons+v+gough+1896+ac+325source=webots=6zk75i6NHksig=JfG3JbLF9eWRFibj-iDWS8fgE4Yhl=en) Table of cases Carlill v. Carbolic Smoke Ball Co.[1893] 1 Q.B 256 Rose and Frank v. Crompton Bros.[1923] Grainger Sons v Gough [1896] AC 325 7 Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401, 7

Wednesday, September 4, 2019

Essay --

Though the national public opinions on marijuana and the use of it have recently gained massive media attention, the question still largely remains: â€Å"Do the benefits of marijuana uses outweigh the potential risks associated with it?† The truth of the matter is that all of the negative attributes that would come along with its legalization and usage make one wonder why the nation is even deliberating on the subject. These main reasons clearly identify why marijuana should remain illegal. First, marijuana legalization poses a serious risk for the occurrence of an upswing in teen marijuana use. Secondly, marijuana poses countless health risks on individuals who use it. Finally, the benefits associated with marijuana use are minimal, to say the least, and therefore would do nothing more than allow people to get high at free will. Overall, even though marijuana has been heavily promoted through its own advocates as well as the media as a substance with a plethora of benefits, the legalization of the use of this drug would ultimately do more harm than good. It’s no secret that the media has heavily glamorized marijuana usage in recent times. Teens are watching as more and more states put marijuana legalization measures on their ballots. They are watching as states like Washington and Colorado legalize recreational marijuana use. Not to mention all the stars that glamorize drugs. Teens watch as stars they admire like Miley Cyrus openly proclaim their love for marijuana and getting stoned from it. (Rivera) Slogans like â€Å"Just Say No† are slowly fading from the minds of our nation’s teens. When teens watch things like this occur, it’s easy to see why they may want to begin using marijuana. The issue with this is that an upswing in teen ma... ...uana’s benefits probably do not outweigh its drawbacks, and therefore should remain illegal. Marijuana is and will remain a hot topic in American minds from years to come. Its legal status, though, is the situation at hand and the question remains: â€Å"Does the drug carry enough positive qualities to overcome all of its negative attributes?† The simple answer to that question is â€Å"no.† The drug poses a serious risk in an upswing of teen marijuana use, it has been proven to contain numerous health risks, and its benefits are so small and minimally-researched that likely the only â€Å"benefit† to come from its legalization is freedom for people to get stoned at their own discretion. To sum it up, marijuana is simply something that can do without legalizing. Keeping its status illegal will ultimately help keep our citizens from going down a road they certainly do not need to.

Tuesday, September 3, 2019

An Analysis of the Epic Poem, Beowulf - Anglo-Saxon Customs and Values

Anglo-Saxon Customs and Values Reflected in Beowulf      Ã‚  Ã‚  Ã‚   Readers today approach the Anglo-Saxon poem Beowulf with cultural preconceptions very different from those expressed by the author of this poem. This essay hopes to enlighten the modern reader regarding the customs and values from the time of the poem’s composition.      Beowulf makes reference to Ingeld and his wife and the coming Heathobard feud:      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   in that hot passion his love for peace-weaver,  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   his wife, will cool (2065-66)    This is a rare passage, for Anglo-Saxon poetry rarely mentions romantic feelings between spouses. In fact, one’s marital status was even considered insignificant. For example, with the hero himself the poet never mentions whether he is married or not. On the other hand, feelings between men are presented frequently and with surprising intensity. Consider Beowulf’s farewell from Hrothgar and Heorot:    Then the good king,  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   of a noble race, great Scylding prince,  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   held that best thane round the neck and kissed him; his tears ran down, streaked his great beard.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Wise in his age, he expected two things,  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   but one the more strongly, that never again  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   would they look on each other as in this brave meeting.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   That man was so dear that he could not withhold  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   those deep tears; fixed in his heart   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   by the bonds of thought, a deep-felt longing  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   for the beloved man burned in his... ...ld English days.    From the above it’s obvious that abundant evidence amply demonstrates that Beowulf truly reflects an Anglo-Saxon culture which is so much different from anything modern readers are used to.    BIBLIOGRAPHY    Chickering, Howell D.. Beowulf A dual-Language Edition. New York: Anchor Books, 1977.    Cramp, Rosemary. â€Å"Beowulf   and Archaeology.† In TheBeowulf Poet, edited byDonald K. fry. Englewood Cliffs, NJ: Prentice-Hall, Inc., 1968.    Robinson, Fred C.. â€Å"Differences Between Modern and Anglo-Saxon Values.† In Readings on Beowulf, edited by Stephen P. Thompson. San Diego: Greenhaven Press,1998.    Collins, Roger and McClure, Judith, editors. Bede: The Ecclesiastical History of the English People; The Greater Chronicle; Bede’s Letter to Egbert. New York: Oxford University Press, 1969.   

Monday, September 2, 2019

Macbeths Demise :: essays research papers

Macbeth Essay   Ã‚  Ã‚  Ã‚  Ã‚  The tragedy Macbeth by William Shakespeare is based on a thane in whom is corrupted by greed and a negative ambition. The character Macbeth contradicts his moral responsibility in this play a great deal; many moral questions are brought forth to Macbeth. He questions himself and whether or not he should follow through with the evil deeds that he does. Macbeths ambition causes him to compromise his honour, he doesn’t take into consideration that he is being trusted and that every action that he takes will have a reaction. Macbeth attains his position as king unjustly. As is evident by the conclusion, justice prevails as usual and Macbeths demise is a result of his evil deeds. Macbeth negates his moral responsibility as a person as well as a king. He doesn’t take into consideration that he will pay for all the evil deeds that he executes. Killing Duncan is the worst crime that is possible to commit since the kings were the closest in hierarchy next to god. It is evident that Macbeth is aware that this is an evil sin when he states, â€Å" I dare do all that may be come a man, who dares do more is none.† (Act I Scene VII, Line 46-47) The previous statement shows that Macbeth believes that killing Duncan will make him nothing more than a beast. Nevertheless he goes against his morals and kills King Duncan. Sin is a prevalent theme in this play, Macbeth shows that he knows he has lived a sinful life, â€Å"Seyton I am sick at hearth, when I behold Seyton I have live’d long enough.† (Act V Scene III, Lines 20-22) Ambition takes over Macbeth when he decides to hire assassinators to kill Macduffs wife and children, â€Å"The castle o f Macduff I will surprise; seize upon Fife; give to the edge of the sword in this line.† Lanoue 2 (Act IV Scene I Lines 150-153) Macbeth shows the insignificance of his morals and responsibilities by his actions, he shows that becoming king is of much more importance.   Ã‚  Ã‚  Ã‚  Ã‚  The weird sisters (witches) have a great impact on Macbeths state of mind when he decides to follow through with many of his actions. The witches are responsible for putting the idea of Macbeth becoming king in his head. Faith in the witches compromises his honour since they are believed to be evil however Macbeth

Sunday, September 1, 2019

What Exactly Is the American Dream

Aysia S. Bertrand What Exactly is the American Dream? The word â€Å"American Dream’’ is something that all Americans think about having every day. The â€Å"American Dream† can be used in many ways like having the dream job you always wanted, living a perfect and happy life, or owning a well money making business. Depending on how each person visualizes his or her â€Å"American Dream† determines whether he or she sees success or failure. The â€Å"American Dream† as something each individual would go through and not let anyone or anything stand in the way to achieve that dream.In my opinion the â€Å"American Dream† is like a goal. A goal one must follow to accomplish ones dream, whether it is a short or long term goal. The â€Å"American Dream† is what makes the society, because everybody is trying to make it to the top of being the best they can be. Determination, motivation, and patience can lead to a successful American Dream,â €  however, giving up, laziness, and lack of knowledge due to failure will keep one from achieving that dream.Determination is the act or an instance of making a decision. It is a choice one has to make in achieving into that â€Å"American Dream. † If it is something one must have; for example, a big time promotion of being a manager or finding a cure for cancer, then he or she should go out of their way to be successful in achieving ones â€Å"American Dream. † Motivation is the reason one has for acting or behaving in a particular way. In this case one might need motivation in achieving the â€Å"American Dream† it is an incentive.If there is somebody one really trusts or who he or she can really count on to help and motivate them in to achieving that â€Å"American Dream† then when the time has come that â€Å"American Dream† will be rewarded to he or she for their hard work all because of the motivation he or she is getting. By receiving th at â€Å"American Dream† ones need to have patience, the capacity to accept or tolerate delay, trouble, or suffering without getting angry or upset. To succeed at anything one must have patience and persistence.It requires hard work, persistence and a desire for something better, by having those qualities and the desire and ambition to carry the important part of the â€Å"American Dream. † Sometimes in getting the success in the â€Å"American Dream† one must have to be patience in order for that special dream to come a reality. The â€Å"American Dream† might not come till one least expected it. The â€Å"American Dream† might come the next day or it will probably come in two years or so. One must have patience in order be successful in achieving at getting the â€Å"American Dream. Individuals who are giving up, Laziness, and lack of knowledge will lead one into failure from achieving ones dream. When giving up on anything that is trying to hel p one achieve a successful â€Å"American Dream† most likely he or she is leading into the road of failure. Giving up is not going to get an individual anywhere. If your lazy one is not going to get anything accomplish whatever that â€Å"American Dream† might be to him or her will not be fulfilled. If one is trying to get a decent job he or she is not going to sit around waiting for the job to come to them.They are going to do whatever it takes to get that â€Å"American Dream† job. Success only comes to those who prepare well and put in effort. Having lack of knowledge can stop one from achieving the â€Å"American Dream† because without having an education it is kind of hard to achieve anything in life especially if one trying is to get a good paying job. Everybody needs to be educated if one is trying to achieve the â€Å"American Dream. † Education will always be the number one key to success. Martin Luther King Jr. tates in she speech,† I say to you today, my friends, that in spite of the difficulties and frustrations of the moment I still have a dream. It is a dream deeply rooted in the American Dream. †(691) In todays’ society, all Americans want what everyone dreams about want which is to live the â€Å"American Dream† by having a big house, dream job, and living a perfect life without stress or regrets. People think they have to be the best and have everything well organized, or they will feel that they are not getting anything accomplished in achieving the â€Å"American Dream. Similar to what is said in James A. Autry essay â€Å"If the â€Å"organization† does not exist in the minds and hearts of the people, it does not exist. No chart can fix that. An organization’s function is simple: to provide a framework, a format a context in which people can effectively use resources to accomplish their goals. † (136-137) Many Individuals should always follow the dream that t hey desire the most, follow that dream until it is accomplished.Some individuals see the â€Å"American Dream† as determining whether he or she sees his or hers as a success or failure. Determination, motivation, and patience can lead one to a successful â€Å"American Dream. † Works Cited Autry, James A. â€Å"Irrevent Thoughts About Organization Charts. † The literature of Work. Ed. Sheila E. Murphy, John G. Sperling, and John D. Murphy. Phoenix: U of Phoenix P, 1991. 136-137. Print. King, Martin Luther, Jr. â€Å"I Have a Dream. † Comp. Jean Wyrick. Steps to writing Well with Additional Readings. 8th ed. Boston: Wadsworth, 2011. 691. Print.

Saturday, August 31, 2019

Is the term ‘Green Logistics’ an oxymoron Essay

Is the term ‘Green Logistics’ an oxymoron? An oxymoron is a term in which contradictory words appear in conjunction with one another such as bitter sweet or a deafening silence. In an attempt to answer this question we must first define what the term ‘Green Logistics’ means. When the term is broken down into its composite parts ‘logistics’ is simply defined by Murphy and Wood (2011) as the part of the supply chain which plans, implements and controls both the forward and reverse flows of goods, services and information between the point of origin and the point of consumption in an efficient and effective manner. However, the term ‘green’ is much more equivocal when defined in a business sense. In 1996 McDonagh and Prothero proposed that there are several dimensions of ‘Green’ which not only cover ecological, sustainability and conservation issues but also political, corporate social responsibility, fair trade and equali ty matters. Since these topics are very broad it is hard to define ‘Green’ in a logistics sense. As a result of this uncertainty over the definition of ‘green’, it is helpful to look at the definition of ‘Green’ on a consumer product level. Ottman (2006, p.24), suggested that while all products inevitably have some effect on the environment, ‘Green’ products are those which aim to minimise this impact by conserving energy and resources and limiting pollution and waste. This definition builds on Reinhardt’s (1998, p.46) view that a ‘Green’ business â€Å"creates products that provide greater environmental benefits, or that impose smaller environmental costs, than similar products†. When we combine these definitions we can view ‘Green Logistics’ as the activities which facilitate the forward and reverse flows of goods, services and information through a supply chain in a way which is not only efficient and effective in achieving organisational goals but also aims to minimise the environmental impact and promote sustainability. When we define and consider ‘Green Logistics’ this way, I believe the term is not an oxymoron and when aligned with an appropriate higher level corporate strategy can actually a major competitive advantage for organisations who are able to achieve it. The body of this essay will provide practical examples of organisations who are successfully using the concepts of ‘Green  Logistics’ to not only minimise environmental impacts but also create and maintain a competitive advantage against competition. One concept which is becoming more prominent in ‘Green Logistic’ networks is the   practice of reverse logistics. Reverse logistics can be simply defined as goods flowing backwards through the supply chain from the consumer to the producers and suppliers. Tompkins (2010) provides multiple ‘Green’ benefits which arise from practicing reverse logistics such as increased sustainability throughout the supply chain and reduced waste product s, as well as producing an increased level of customer service through after-sales support. An example of reverse logistics in practice is the South Australian Government’s policy of paying 10 cents for every glass, plastic and tin container returned to collection depots. By doing this the Government is able to facilitate the recycling of materials which ultimately has a positive benefit on the environment. This provides a clear example of how logistics processes can be ‘Green’ by promoting greater environmental benefit than similar products existing in different logistics chains. An Australian Associated Press article revealed that in 2010, 80 percent or 49,800 tonnes of all containers are recycled in Australia which reveals both obvious environment and financial benefits arising from the practice of green logistics. Another common and relatively simple way for organisations to ‘Green’ their logistics processes while also reducing financial costs is to redesign their logistics chains with increased considerations for route optimisation and collaboration throughout the supply chain. Blanco and Cotrill (2013) make apparent one example of this through a case study of the agricultural cooperative Ocean Spray (based in New Jersey with a distribution centre in Florida) and competitor Tropicana who is based in Florida with a distribution centre in New Jersey. Tropicana’s third party logistics provider approached Ocean Spray and suggested that instead of Ocean Spray delivering to their distribution centre via road, they make use of Tropicana’s rail links between the two cities and utilise the empty train carriages returning from New Jersey to deliver to their distribution centre in Florida. This agreement allowed Ocean Spray to lower both their logistics  costs and environmen tal emissions and saved Tropicana the cost and emissions associated with returning empty rail carriages to Florida. Apart from the physical movement of goods, a firm’s logistics operations also incorporates warehousing strategies. The storage of goods may be overlooked when considering the environmental impacts of logistics chains. Figure 8.1 taken from McKinnon et al. (2013) shows the increasing usage of warehousing and its associated impacts. McKinnon et al. (2013) also proposed three ways in which firms can reduce the environmental impact of warehousing practices. Firstly firms should improve the energy efficiency of the lighting   and particularly heating methods used in warehouses (as shown in figure 8.4. McKinnon, 2013). Secondly, firms can harness green energy to generate energy from low carbon emitting or renewable sources of energy such as solar, wind and biomass. Finally, and most importantly, firms should design sustainability into their warehouses, meaning that the buildings not only produce green energy more efficiently but also use less of it. If an organisation is successful in doing this it is able to not only fulfill the logistical goals of operating efficiently and effectively but also minimise impacts on the environment. While reverse logistics, route optimisation and energy efficient warehousing strategies are only a small example of ‘Green Logistic’ practices, which also include environmental packaging considerations, paperless order processing and improvements in vehicle energy efficiency, these practices may be ineffective in achieving ‘Green’ outcomes unless the corporate strategies of the organisation also align. Reinhardt (1998) suggests that for an organisation to establish environmentally friendly practices as a competitive advantage it must first consider whether this strategy is viable in the industry in which it operates. If a firm does consider environmental product differentiation an option it must then ensure customers are willing to pay for environmental quality, establish and convey the environmental benefits of its product and finally these benefits must be defendable against imitation competition. Only then can an organisation enjoy the benefits of a growing green trend in consumption (Peattie, 2010). If this is strategy alignment is adopted and maintained by an organisation, then ‘Green Logistic’ practices can provide substantial competitive advantages for the organisation while reducing impacts on the environment. Modern organisations can no longer afford to view ‘Green Logistics’ as an oxymoron and perhaps Henry Ford’s (1903) famous oxymoron â€Å"A business that makes nothing but money is a poor business† may be more applicable. References: Blanco, E & Cotrill, K, 2013, ‘Delivering on the promise of green logistics’, MITSloan Management Review, December 2013. McDonagh, P & Prothero, A, 1996, Green management: A reader, The Dryden Press, London. McKinnon, A. Browne, M. Whiteing, A. 2012, Green logistics: Improving the environmental sustainability of logistics, Kogan Page, London. Murphy Jr PR & Wood, DF 2011, Contemporary Logistics: International Edition, 10th edn, Pearson, Boston. Ottman, J, 1997, Green marketing: Opportunity for innovation, TC / Contemporary Books, Lincolnwood. Peattie, K, ‘Green consumption: Behaviour and norms’, Annual Review of Environment and Resources, Vol. 35, Issue 1, pp. 195-228. Reinhardt, F.L. 1998, â€Å"Environmental product differentiation: Implications for corporate strategy†, California management review, vol. 40, no. 4, pp. 43-73. Tompkins, J, 2010, ‘Reverse logistics is not the reverse of logistics’, Material Handling and Logistics, November 2010. ‘Big jump in container recycling in SA’, AAP General News Wire, July 22, 2010.

Friday, August 30, 2019

Arts or Protection of Enviroment

Obviously, both of these two choices have their own reasons that our society could get benefits from each of them. In the past several decades, remarkable achievements have been made in the arts, while our natural environments are increasingly getting worse and even more difficult to handle. Under these current circumstances, I believe that it is not so hard to make decision about this question. The company should choose to protect the environment.The first and the most important thing is that we must survive on this planet that allows us almost every possibility, including supporting the arts or something like. These days, our natural environments are under the threats of contamination, global warming, extinction of species, etc. For example, the oil leaking on the Gulf of Mexico, has contaminated a large amount of sea area. And this not only has a negative effect on ocean-life, also it has influence on our life strongly. Therefore, it is very worthy to costing some money to protect the environment.Furthermore, spending some money on protecting the environment is a good investment to a company. It is from fact that our every activity is based on our environment. As far as I am concerned, if the company spends some money on environmental friendly issue, it will gain more public attention and earn more supports by which the company could grasp the best opportunity to develop more successfully. In return, the company would also do more and more things that good to the environment.Finally, giving some money to protect the environment is one thing, and doing the precedent to protect environment is quiet another. If a company take a good example for protecting environment, it is easy to imagine that this successful precedent will provoke the public and also other companies to protect our brittle environment. By means of this, I believe that more environmental protection programs which are running for our wellbeing will come into being. In view of the above concerns, the company should choose to protect the environment rather than to support the arts.