Wednesday, August 26, 2020

Social Responsibility in Business

In analyzing the statements of purpose of different organizations, it is evident that partnerships guarantee to organize social duty. Organizations like Whole Foods, Ben &Jerry’s, Camano Island Coffee Roasters all effectively add to various social causes. Indeed, even Philip Morris organizes â€Å"actively [participating] in cultural worries that are applicable to [its] businesses† over creating returns for its investors (Philip Morris, 2011). There are a wide range of perspectives on the degree to which organizations ought to be engaged with cultural concerns.The three most unmistakable are the investor hypothesis, the idea of social business, and the partner hypothesis. Of these, the partner hypothesis is the most proper. Since partnerships are viewed as people inside our general public, they bear a specific measure of obligation to their kindred residents, so it isn't sufficient for them to act just in light of a legitimate concern for their investors. Be that as it may, companies are qualified for acquire benefits, and accordingly can't be relied upon to go about as simply social businesses.Consequently, organizations must search for a fair compromise inside the partner hypothesis, acting in light of a legitimate concern for the investors, clients, representatives and common society. Milton Friedman, a significant defender of the investor hypothesis, contends that past legitimate consistence, â€Å"the social obligation of business is to build its profits,† meaning organizations hold duties just to their investors and the law (Friedman, 1970). One of the primary concerns he addresses is the way that when an organization director spends the company’s cash on a social reason, he/she detracts from the greatest potential comes back to the stockholders.In expansion to taking from the investors, the cost of the item may rise, detracting from the shopper, or wages may fall, detracting from the representatives. Along these lines, the administrator â€Å"is in actuality forcing charges, from one viewpoint, and choosing how the expense continues will be spent, on the other† (Friedman, 1970). Friedman claims charges are the duty of the legislature and giving the corporation’s cash to a social reason is a type of tax imposition without any political benefit. This would be the situation if the chief were simply giving the assets to a reason for his/her choosing.However, Camano Island Coffee Roasters (CICR) underpins its own industry by guaranteeing that they take an interest in Fair Trade. Notwithstanding taking part in Fair Trade, CICR helps the espresso ranchers by ensuring they own the land they work, just as assisting with keeping their kids very much fed (Gunter, 2007). By helping the ranchers from whom CICR purchases its espresso, it guarantees that it can utilize â€Å"the top 1% of the accessible espresso market† (Gunter, 2007). Because of its demonstrations of unselfishness, Camano Isla nd Coffee Roasters has had the option to guarantee a top quality item and subsequently has been an effective corporation.Friedman’s hypothesis is additionally like the â€Å"trickle-down† hypothesis. He accepts that by expanding benefits, companies will help the less lucky by giving better products and ventures just as higher wages. Be that as it may, similar to the â€Å"trickle-down† hypothesis, the outcome is the CEOs of organizations make a large number of dollars, while the lower level representatives scarcely make enough to endure. Ben and Jerry’s is an ideal case of an organization that doesn't keep Friedman’s reasoning, but then has been phenomenally successful.They figure out how to give the best item conceivable, notwithstanding paying their representatives what they call â€Å"living wage,† ensuring the most minimal paid workers are as yet making great over the lowest pay permitted by law (LEDA article). For Ben and Jerry’s , the duty, as Friedman would call it, is taken from the most generously compensated workers of the organization. An article looking into Ben and Jerry’s business morals says: â€Å"Consistent with [their strategic social responsibility], the most generously compensated workers of Ben and Jerry's would not procure in excess of multiple times more than the least paid full-time employees† (LEDA article).Despite the achievement of socially capable enterprises, Friedman would contend that these organizations would have had more prominent achievement on the off chance that they had concentrated exclusively on turning higher benefits. Along these lines it is basic to consider the opportunities for organizations to act in an exploitative way in any event, while consenting to Friedman’s theory. At the point when Ford discharged the Pinto, it knew about the potential for clients to be slaughtered because of a defect in the Pinto’s design.Despite this information, in view of a money saving advantage examination, Ford decided it would be less exorbitant to manage the claims brought by individuals who were harmed or murdered as opposed to review and fix every vehicle. Portage was well inside the legitimate prerequisites for vehicle wellbeing at that point and lawfully sold the Pinto, in spite of the peril. In any case, by not considering the results of its activities past simply the budgetary, Ford was liable for more than fifty passings (American Decades, 2001). As indicated by Friedman, this choice to esteem benefit over human lives was totally moral. On the opposite side of the pectrum from the investor situated way of thinking is another field of business called social business. By definition, a social business is a non-misfortune, non-profit organization whose attention isn't on benefits, however on assisting a social reason (Yunus, 2010). Nobel Peace prize laureate Muhammad Yunus is the organizer of this field of corporate social duty. In 2006, Yunus worked together with a French food organization called Danone to dispatch the main social business, Grameen Danone. Its crucial to furnish youngsters in rustic Bangladesh with supplements that are missing from their diet.An article on the Danone site says: â€Å"the accomplishment of the task will most importantly be decided on non-monetary rules: the quantity of immediate and roundabout occupations made (milk makers, little wholesalers, entryway to entryway dealers), enhancements to kids' wellbeing, assurance of nature etc†¦Ã¢â‚¬  (Danone, 2011). Notwithstanding, in light of the manner in which we right now measure the accomplishment of organizations, Grameen Danone would give off an impression of being an extremely ineffective business. Do social organizations and non-benefit associations require an adjustment in the ordinary strategies for deciding the achievement of a corporation?It is exceptionally impossible that numerous companies will embrace such an extr eme technique as social business. Thusly, while social organizations ought to be lauded, and even utilized as motivation, for their commitment to society, it is progressively sensible for partnerships to concentrate on the interests of both their investors and network. R. Edward Freeman is one of the organizers of the partner hypothesis, which says that organizations hold duties to five fundamental gatherings including investors, customers and the general public.Unlike social business, Freeman’s partner hypothesis isn't intended to be a foil to the investor hypothesis, yet rather, Freeman contends that the perspectives on both Friedman and Yunus are simply smaller adaptations of the partner hypothesis (Theoretical and Pedagogical Issues). Freeman says that in present day society organizations must think about numerous partners when deciding. Entire Foods gives a case of an organization which considers something beyond making benefits. Entire Foods buys its items from nearby r anchers notwithstanding the way that this raises the expenses of its goods.Even however this may hurt its checkbook, Whole Foods can sell more advantageous and greater items while additionally supporting its neighborhood network. Notwithstanding performing charitable acts, a significant number of Whole Foods’ clients are steadfast due to its moral strategies for working together (Conversation with John Mackey, 2011). Entire Foods additionally goes past only creation benefits by making trust with its representatives. When executing a merger with the organization Wild Oats, Whole Foods expected to shut down a significant number of the Wild Oats areas since they were in business sectors where there were at that point Whole Foods stores located.However, rather than terminating the Wild Oats laborers, Whole Foods extended to strong employment opportunity security and interchange positions at the current Whole Foods areas. In a meeting, with respect to the employer stability offere d to Wild Oats workers, Whole Foods CEO John Mackey stated, â€Å"First of all, that’s the best activity, and furthermore, if individuals have a ton of tension that they could lose their positions, that hinders their capacity to learn and adjust. I feel you’ve got the chance to offer security in the event that you need to get individuals to push ahead. In any case they’re excessively frightened. † (John Mackey Interview, 2008)Not just does this partner way to deal with business bring about culturally gainful activities, yet it additionally prompts increasingly productive, harder working representatives. Notwithstanding, there are issues with the partner way to deal with business morals. Many contend that an appropriation of partner hypothesis, over investor, would â€Å"[undermine] investor property rights†¦ and debilitate value investment† (Ethics Gone Wrong, 2000). Promoters of this idea guarantee that since partnerships must take into accou nt the necessities of gatherings other than their investors, the â€Å"potential of [the stockholders’] investment†¦ reduces significantly† (Ethics Gone Wrong, 2000).Contrary to this thought, speculation vehicles like the Calvert Investment Mutual Fund give â€Å"investment portfolios that coordinate two unmistakable exploration structures: a thorough audit of money related execution, and an exhaustive evaluation of ecological, social and administration execution. † (Calvert Investments, 2011). The achievement of the Calvert Mutual Fund gives proof that in any event, while considering organizations that apply partner situated strategic approaches, the worth and â€Å"trade-ability† of value ca

Saturday, August 22, 2020

Art History- South and southeast Asia before 1200 Research Paper

Craftsmanship History-South and southeast Asia before 1200 - Research Paper Example The rise of contemporary period has shaped and changed types of craftsmanship, including the Buddha sculptures. The Buddha and Attendants in the Kushan Period (late first †mid second century) is in reference with the Amida, the Buddha of Infinite Light, and Two Attendants during the Edo Period of Japan (eighteenth century). The Buddha and Attendants in the Kushan Period have tallness of 27  ¼ inches while the Amida, the Buddha of Infinite Light, and Two Attendants is just 1 3/8 creeps in stature (Thorndike, n.p.). The two models are connected on the grounds that they delineate the act of Buddhism, explicitly the act of how individuals ought to ponder and grieve. They are likewise related in light of likenesses in the two chaperons that are accepted to invite the spirits of the perishing individual. I found the contemporary model convincing and energizing just as poor and unacceptable regarding the first. The Amida, the Buddha of Infinite Light, and Two Attendants is convincing and energizing on the grounds that the figure is made with wood and gold. Any individual who might see the model may attract consideration because of the recognized gold shading. Then again, I found the contemporary figure poor and sub-par contrasted with the first due to its size. The contemporary model is excessively little contrasted with the first. During the Kushan Period, the size of the leaning back Buddha unmistakably recognized the passionate response of the grievers, which clarifies why the size of the leaning back Buddha increments significantly in size (Karetzky, 43). In the event that the conviction could be applied to the contemporary model, it is insolent to the grievers to make a Buddha of roughly an inch in tallness. What's more, the little size of the contemporary model makes it unacceptable in light of the fact that the excellence of the structure of Buddha can't be totally valued. I additionally accepted that with regards to strict convictions and different expressions concerning religion, specialists ought to keep up the customary model and straightforwardness of

Tuesday, August 18, 2020

Phenomenon of Change Blindness essay

Phenomenon of Change Blindness essay Definition of change blindness: why we fail to notice? Psychologists use this term to describe the phenomenon when a person suddenly misses any kind of changes in their direct visual environment. Of course, you might not believe it â€" because its obvious to you that you will notice any changes that happened before your eyes. But in reality, our brain sometimes needs much more time than we think to realize what happened around. Sometimes even quite big changes can happen in peoples visual field, but they cannot see them. Lets see why it happens and how it can be explained from the psychological view. When our attention is concentrated on some other thing apart from visual, its not so hard for people to miss either minor and major changes that happened right in from of their visual field. The most simple way to see the phenomenon of change blindness is to look at experiments that were taken to research it. For example, in 1998 two famous scientists Levin and Simons made researches when people had to start a conversation with a stranger. Then during a short interruption between them (a car or a crowd of people) the first stranger was replaced with another stranger, but people didnt notice this change. Most of the people didnt understand that a person they were talking with was replaced. Our ability to notice changes helps us to see cars when we cross the street or to observe a person that enters a room. But why we sometimes cant see some changes around? Here are the main reasons: Our attention is focused. For example, when we read a book, we look at letters, but we dont pay any attention to the picture that is situated on the wall or to what color of socks you are wearing today. We can concentrate on the one thing only, and we miss all other things that happen out from our focus. We can expect changes based on our experience. Sometimes our expectations about any changes make us focused on them, so we easily miss the changes that happen in reality. We dont used to notice things that we dont expect to observe. Other factors like age, attention, and use of drugs affect change blindness. For example, any kind of distraction leads to increased change blindness. According to experiments, older people miss things in their visual field more often compared to young people. We are limited in taking and analyzing visual information, so it means we can see much more than our brain is able to analyze. But people can concentrate on something important for them and observe the changes using focused attention. Change blindness and problems in real world The ability to detect changes around us plays a huge role in our every day functioning. Of course, it is possible to make some examples when we can get problems in the real life because of change blindness. Social interplay: we can find ourselves making mistakes when we ask the wrong waitress for the check or cant remember which of sellers promised us to make a good discount in that huge shop. Driving: its not a secret that many accidents happened just because a driver wasnt able to notice another vehicle. Sometimes such distractions as texting or talking on phone behind the wheel can lead to fatal things. Witnesses evidence: some eyewitness that experienced change blindness, can feel hard to tell the details of crime or identify the criminal. Air traffic: if the pilot fails to observe important changes, this can easily lead to the fatal accident.

Sunday, May 24, 2020

The Small Business Association Describes Innovation

The Small Business Association describes innovation as â€Å"a process that begins with invention, proceeds with the development of the invention and results in the introduction of a new product, process or services to the marketplace† (Acs Audretsch, 1988). We all play a role in the world’s economic activities. We consume goods and services and often times we have brand preferences based on our affinities and experiences. While many of us enjoy the brands of some of the most prominent companies around the world like Hewlett-Packard for instance, many consumers prefer the niche services of small firms like Origin PC; a company that allows gamers to custom build personal computers based on individual specifications. This example speaks to the†¦show more content†¦Proportion of Large Firms In 1909 Joseph Schumpeter said that small companies (firms with fewer than 500 employees) were more inventive. Several decades later in 1942, he reversed his thought upon further research. He submitted that large firms (firms with more than 500 employees) have more incentive to invest in innovation because they can reach a broader market and recuperate the cost of RD investments more quickly (Canter, 2016). He also believed that the disadvantage of the innovation process to small firms in a competitive market was that inventions could quickly be imitated, cannibalizing potential profits. In recent years Schumpeter’s theory has been challenged and researchers like Acs and Audretsch have expanded upon his findings to reframe the measure of firms’ innovative activities in the context of today’s economic conditions. They believed that the smallest firms’ contributions to innovation across industries were often overlooked due to a lack of quantitative measures in assessing their outputs. The two proposed that small firms are actually more prone to innovate in industries mostly composed of large firms (Acs Audretsch, 1988). From their empirical analysis Acs and Audretsch wrote the following â€Å"The greater extinct to which an industry is composed of large firms, the greater will be the innovative activity, but that increased innovative activity will tend to emanate more

Wednesday, May 13, 2020

Assignment Of Photography And Journalism - 1220 Words

Photography and Journalism: A Combined Assignment â€Å"This week’s assignment,† began my photography teacher, Mr. Beseau, â€Å"is to take a portrait of a person using the knowledge you have previously learned. Okay, time to go!† I scooped up my cloth binder and began walking back to the brightly lit 8th grade homeroom. Who would be the subject of my photo? Where should I take it? I had many questions but few answers. While left to ponder my options, I began to pack up my cyan backpack. It felt extra full from all the journals I was carrying. I wouldn’t be able to plan today; there was much to do for literature class. Two days later, I was confident that I had at least a few days before I needed to work out what to do. I walked into the ELA†¦show more content†¦We were going to create a display of colorful drumsticks using tempera paint. The artwork would represent how our individual personalities came together as a class by creating a collage of our brightly painted drumsticks. I turned on my black desktop monitor and opened a word processor. With quiet jazz music playing in the background, I typed up a quick outline detailing what I would need to write for journalism and the styles of outfits required for shooting the accompanying portrait. Then, I started drafting my article using the notes from my phone call with Macy, as well as the outline. Sentences started flooding the screen with details on what the project would be. I slept that night in my sea blue bedroom surrounded by a mountain of blankets. My plan was going smoothly. The following morning at school, I talked to a couple of students that lived relatively nearby to me. Namely, I asked Derrick, Zane, and Zeke for their help in the photo shoot. Given their relatively flexible schedules, I was happy to note that they all agreed to bring clothes for the outfit. Derrick even agreed to be the subject of the picture. 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Wednesday, May 6, 2020

Rowe vs Wade Free Essays

Roe vs. Wade: â€Å"The Court today is correct in holding that the right asserted by Jane Roe is embraced within the personal liberty protected by the Due Process Clause of the Fourteenth Amendment. It is evident that the Texas abortion statute infringes that right directly. We will write a custom essay sample on Rowe vs Wade or any similar topic only for you Order Now Indeed, it is difficult to imagine a more complete abridgment of a constitutional freedom than that worked by the inflexible criminal statute now in force in Texas. The question then becomes whether the state interests advanced to justify this abridgment can survive the ‘particularly careful scrutiny’ that the Fourteenth Amendment here requires.The asserted state interests are protection of the health and safety of the pregnant woman, and protection of the potential future human life within her. But such legislation is not before us, and I think the Court today has thoroughly demonstrated that these state interests cannot constitutionally support the broad abridgment of personal liberty worked by the existing Texas law. Accordingly, I join the Court’s opinion holding that that law is invalid under the Due Process Clause of the Fourteenth Amendment† (Craig and O’Brien 17).On January 22nd, 1973 Justice Harry Blackmun gave the decision of the Supreme Co urt in regards to the Roe vs. Wade case. A single pregnant woman, â€Å"Jane Roe,† had filed a class action lawsuit challenging the constitutionality of the Texas criminal laws regarding abortion, which stated having or attempting an abortion except on medical advice for the reason of saving the mother’s life. Norma McCorvey, the plaintiff’s legal name, was young and recently divorced at the time, searching for a way to resolve her unplanned pregnancy. â€Å"No legitimate doctor in Texas would touch me,† stated McCorvey. There I was – pregnant, unmarried, unemployed, alone and stuck† (Craig and O’Brien 5). The plaintiff’s argument was that prohibiting abortion at any time before the actual birth of the child violated a woman’s constitutional right to privacy. The Supreme Court eventually agreed with Mrs. McCorvey, finding it justifiable that abortion under the fourteenth amendment was legal. A person’s right to privacy had to now extend to the extent of choosing to have an abortion. Although the Court did not discuss the issue of when life actually begins, abortion became legal under this landmark Supreme Court decision.The debate over whether abortion should be legal had taken place in America for several decades, and the final decision rendered by Roe vs. Wade resonated through all of America, influencing society even to this date. Until inside the last half of the nineteenth century, when it was criminalized on a state by state basis across America, abortion was legal before approximately the fourth month of pregnancy. In early colonial medical guides there were recipes for instigating abortions with plants and herbs that could be grown in one’s garden or easily procured in the woods.By the middle of the eighteenth century, commercial items were widely available that served the same purpose. Unfortunately, these drugs happened to be often fatal. The first statutes regulating acquiring an abortion, passed in the 1820s and 1830s, were actually laws for poison control: selling of commercial abortion agents was outlawed, but abortion itself was not. Despite these newly appointed laws, the business of abortion was booming by the 1840’s, this included the sale of illegal drugs, which were advertised very widely in the popular press.However, this trend would change. Following the 1840’s, abortion was under attack, and a string of anti-abortion laws would be put in place until the twentieth century. The pushing force behind this criminalization of abortion was doctors and the American Medical Association. The AMA was founded in 1847, and the elimination of abortion was one of its top priorities. To the growing movement, â€Å"abortion was both an immoral act and a medically dangerous one, given the incompetence of many of the practitioners then† (Joffe 28). However, the opposition went beyond these factors.To many people during the later years of the nineteenth century, abortion represented a threat to the traditional role of a woman in society and the authority of males. Abortion was a symbol of unrestrained female sexuality, expressing self-centered and self-indulgent qualities. The AMA’s Committee on Criminal Abortion portrayed this view blatantly in 1871. â€Å"She yields to the pleasures – but shrinks from the pains and responsibilities of maternity; and, destitute of all delicacy and refinement, resigns herself, body and soul, into the hands of unscrupulous and wicked men† (Joffe 9). As the twentieth century arrived, over forty states had completely outlawed abortion unless the mother’s life was in direct danger, and many others had put strict regulations in place. However in spite of these emerging laws, people still acquired abortions illegally for decades until the Roe vs. Wade decision. Frederick Taussig performed a study in 1936 which showed an estimated half million illegal abortions. In 1953, ninety percent of all premarital pregnancies ended in illegal abortions, and twenty percent of married couples had abortions performed.Illegal abortions climbed in numbers to over a million a year until Roe vs. Wade. Although the law dictated the morality of having an abortion, it was still a considerable part of society. The Roe vs. Wade decision was first argued in December 1971, after being before the Supreme Court for over a year. Although this decision would be later analyzed and debated over, little attention was brought up in regard to the case at the time. Chief Justice Burger opened the Court’s oral arguments, and each was given only thirty minutes to present their case and answer questions.Sarah Weddington, who was the main lawyer defending Norma McCorvey argued that abortion needed to be legalized farther than the case in which a woman’s life is in danger. The physiological and psychological factors could also warrant an abortion. However, seeing as how the Supreme Court has no jurisdiction over public policies, Weddington decided to argue that current abortion laws were in violation of the fourteenth amendment. The fourteenth amendment guarantees the right to liberty without due process of law, and the decision made this right extend to a woman’s right to choose to be pregnant.During her closing argument, Weddington stated if â€Å"liberty is meaningful†¦ that liberty to these women would mean liberty from being forced to continue the unwanted pregnancy† (Craig and O’Brien 17). Jay Floyd, the assistant attorney general of Texas, then presented his case arguing against the legalization of abortion. Weddington had argued that many women had no other choice but to have an abortion because of their social and economic status. However, Floyd contended that despite external factors, every person has free autonomy. Now I think she makes her choice prior to the time she becomes pregnant. That is the time of her choice. It’s like, more or less, the first three or four years of our life we don’t remember anything. But once a child is born, a woman no longer has a choice, and I think pregnancy then determines that choice† (Craig and O’Brien 17). Thus, Floyd argued, the fourteenth amendment had not been violated since pregnancy was a result of free will, and liberty was not denied. If pregnancy was a conscious choice on the woman’s part, then abortion was not warranted. Another crucial chapter of the Roe vs. Wade trial was the debate of when a fetus is given constitutional rights. In response to Texas’ harsh abortion restrictions, Floyd explained that Texas â€Å"recognized the humanness of the embryo, or the fetus† and had†a compelling interest because of the protection of fetal life† (Craig and O’Brien 17). However, there were many flaws with this statement in the court. First, the topic at hand was not the constitutional rights of embryos, but whether abortion was in violation of a person’s right to liberty.Second, there had been no state law or court decision which had equated abortion with murder. Thus, Floyd’s argument amounted to nothing more than personal opinion, with no relativity to the case. The Court needed to ensure the constitutional rights of the woman before protecting the â€Å"rights† of the unborn fetus. The fourteenth amendment as it is stated applies only â€Å"to all persons born or naturalized in the United States,† and if the Court granted the fourteenth amendment to unborn children, it would be an extreme case of judicial activism (Craig and O’Brien 20).After two years of listening to both sides, the Supreme Court finally came to a decision. The right to privacy and liberty was broad enough to include a woman’s choice for abortion. The fourteenth amendment granted personal liberty, which includes a woman’s body and unborn fetus. Although the Court determined the legality of abortion, they left the responsibility of how to implement it to the states themselves. Like Brown vs. The Board of Education of Topeka, a general decision on constitutionality needed to be left to local governments to be implemented. Where certain ‘fundamental rights’ are involved, the Court has held that regulation limiting these rights may be justified only by a ‘compelling state interest,’ and that legislative enactments must be narrowly drawn to express only the legitimate state interests at stake† (Craig and O’Brien 27). Although the court did not provide any precise methods of how to implement, it did set vague guidelines regarding the developmental stage of the fetus.A mother had the choice to abort the pregnancy in the first trimester, but limitations were put in place on abortion where it is allowed in the second and third trimesters if the right to liberty and privacy of the mother was still preserved. The immediate reactions to the Roe vs. Wade decision were heated and extreme, as abortion is still an extremely controversial topic. T he president of Planned Parenthood hailed the decision as â€Å"a wise and courageous stroke for the right of privacy, and for the protection of a woman’s physical and emotional health† (Craig and O’Brien 32). However, there were just as many people in agreement with the decision as its opposition. Cardinal Terence Cooke came after the Justices, claiming that â€Å"whatever their legal rationale, seven men have made a tragic utilitarian judgment regarding who shall live and who shall die† (Craig and O’Brien 32). Roe vs. Wade launched the abortion issue to the national level, making it a source of political and social arguments in the years to follow. On the tenth anniversary of the decision, The Washington Post discussed its effects on society. â€Å"[Roe vs.Wade] has drastically changed the Court’s image, fostered wholesale attack on ‘judicial activism’ and mobilized thousands of supporters and opponents of legalized abortion in a debate that has reshaped the political terrain in many states and, at times, has virtually halted the work of Congress. Few court decisions have had a more immediate impact on such a personal aspect of American life† (Craig and O’Brien 35). The Roe vs. Wade decision has affected all parts of society, from the role of the Supreme Court to the level of humanness of an unborn fetus.Many scholars regard this case as the â€Å"Dred Scott† of the twentieth century. The decision ignited a national debate on judicial activism, and the part the Supreme Court plays on public policy. No other case similar to Roe vs. Wade has had such an extreme impact on public law. Furthermore, the case has drawn an imaginary line, diving the whole country into the pro-life or pro-choice category. Almost immediately following the decision, a great deal of pro-life and pro-choice groups were created, and abortion has remained a prominent political, social, and moral issue.No other subject has resonated importance in American politics. Finally, the Roe vs. Wade outcome is considered a symbol of the changing society during the 1970’s. In the past, abortion was highly restricted and frowned upon, mimicking the conservative society. However, as the 1970’s marked a rise in liberalism and the need for individual freedoms, the Roe vs. Wade decision to make abortion legal mirrored this willingness to embrace a person’s autonomy. Roe vs. Wade marked an unforgettable change in government, politics, and society.Works Cited Craig, Barbara Hinkson and David M. O’Brien. Abortion and American Politics. Chatham, New Jersey: Chatham House Publishers, 1993. Hickok, Eugene W. Justice vs. Law: Courts and Politics in American Society. New York: Free Press/Macmillan, 1993. Joffe, Carole. Doctors of Conscience: The Struggle to Provide Abortion Before and After Roe v. Wade. Boston: Beacon Press, 1995. Olasky, Marvin. Abortion Rites: A Social History of Abortion in America. Washington DC: Regnery Publishing, 1992. Rubin, Eva R. Abortion, Politics, and the Courts: Roe v. Wade and its Aftermath. New York: Greenwood Press, 1987. How to cite Rowe vs Wade, Papers

Monday, May 4, 2020

Business Law Contract Between Winnie and ERH

Question: Describe about the Case Study for Business Law for Contract Between Winnie and ERH. Answer: Introduction In the given case, a contract between Winnie and ERH was drawn, for hosting Winnies wedding. Some of the terms were stated, and others were not. Eva was the events planner for ERH, and the terms of the contract were discussed between Winnie and Eva. Due to the events that occurred at the wedding, Winnie wants to sue ERH. Her legal rights in this matter have been discussed below. Facts of the Case In the given case, the terms of the contract were detailed by Eva, on behalf of ERH. So, the terms discussed between Eva and Winnie, form the base of this contract. During the discussions between them, Eva had warned Winnie about the occasional tropical storms, which Winnie had failed to listen. Winnie chose a dish called Asian Finger Feast, based on its photographs and description. The description of this dish stated that the dish contained prawns, sushi, salmon, spring rolls, teriyaki skewers and tropical fruit. A band, named Trolls, was decided between them, for the wedding. Eva failed to inform Winnie about her relationship with the member of the band, and that the band was a death metal band. On the other hand, Winnie failed to inform Eva that apart from a wedding ceremony, she would be showcasing her designer off-the-shelf wedding dresses. She was expecting to make a profit out of this, of over $50000. The contract, containing six clauses, was finally drawn on September 13, 2015. The wedding turned bad, as everything did not go according to the plans. A tropical storm occurred, and as a result, the guests had to be moved to a shed at the back of the hotel, as the Great Dining Hall was not available. Further, this resulted in the delayed start of the party from the scheduled time of 5 PM to 7 PM. The drinks and dishes were not up to the mark. Formation of Contract Issue: Was a contract formed in this case? Rule: A contract is a promise between two or more parties, to carry out certain things, in exchange for a consideration (Treitel Peel 2015). A contract is a legally enforceable document. The parties entering the contract have to be of sound mental capacity. They have to enter the contract out of free will, and without any undue influence. Intent to enter into a contract is a necessity to form a legally binding contract. (Clarke Clarke 2016). A contract can be either written or oral. In a written contract, all the terms are laid down on paper, and signed by the parties involved. In the case of a verbal contract, an offer is spoken, and the acceptance is attained in a spoken manner. It is advisable to enter into written contracts as against verbal contracts (Department of State Development 2016). Even though there is an ease of formation in the verbal contracts but in the case of disputes, a written contract can resolve the points of dispute. There are five main elements of a contract, namely, an offer, acceptance, consideration, intent, and certainty (The Law Handbook 2015). To form a contract, an offer has to be made by the party. This offer has to be accepted by the party, to whom the offer was made. The offer should involve a consideration which has economic value. The parties should have the intention to enter into a contract. And lastly, a certainty is essential regarding the terms of the contract (Carter 2007). The terms and conditions which are important in nature but do not form the part of the main body of the contract are stated in the fine print. Reading and understand the fine parts is a crucial element for entering into a contract. Usually, such items are included in the main contract, which the issuing parties do not want the receiving parties to know, even though these are essential for the receiving party. Such terms are valid as per the law. When one party fails to disclose material information relating to a contract, it is known as misrepresentation. A contract is voidable at the option of the aggrieved party in cases of misrepresentation. Further, the Australian Consumer Law Winnie provides certain consumer rights to seek necessary redressal from the adequate forum (Keyes Wilson 2016). Also, specific performance or an injunction can also be acquired as means of remedy. The Civil Liability Act, 2002 states that a person is held responsible for the harm done to other person and would be considered as negligence if the risk was known to the person (Australian Law Reform Commission 2016). A landmark decision regarding the negligence in tort law and consumer protection came from the case of Donoghue v Stevenson (Smith Burns 1983). A standard of care has to be maintained by the parties who are aware of the risks. Application: As stated above, to form a contract, certain key elements are essential (McKendrick Liu 2015). In this case, an offer was made by ERH to host the wedding of Winnie, and the offer was accepted by Winnie. The terms were in writing and signed by the parties involved. The terms of consideration were set out in the contract, which required Winnie to pay half the amount in advance and the rest had to be paid one week before the wedding was scheduled to take place. The consideration of $20,000 was duly paid in the manner stated in the contract. There was a clear presence of intent between the parties to enter into a contract (Gillies 1988). Here, the point of dispute arises on the terms of the contract. Certainty, about the terms of the contract, is an essential element of any contract. The first clause of the contract stated that the venue would be provided for 100 guests, on the wedding night of February 1, 2016, from 5 PM to midnight. But due to a tropical storm, the party could not start until 7 pm on that day. By including this clause in the contract, the period of the contract was declared. After the passage of midnight of February 1, 2016, this contract would have reached its end, on the basis of both the tenure of the contract and the discharge of performance. The second clause of the contract stated that the 100 guests would be served the Asian Finger Feast. At the end of the contract, in the fine print, it was written that at the discretion of the hotel, substitutes could be used. The Asian Finger Feast dish served was different from the photographs and description that Winnie had seen. But as per the contract, ERH had the discretion to change the dish. So, on the basis of clause 2, Winnie has no legal right to sue. The clause 3 of the contract stated that a drink named Tropical Punch would be served by ERH for first two hours, and afterward the drinks had to be purchased by the guests from the bar at reasonable prices. Again, in the fine print, it was written that the recipe of the said drink is confidential and could not be disclosed. At the wedding day, a drink with ingredients containing a lukewarm non-alcoholic mixture of tinned pineapple and orange juice was served. The contents of the drink were never discussed, so a contention on this matter cannot be made by Winnie. The point on which legal action can be taken by Willie is the price of the drinks served. The contract clearly stated that the drinks had to be served at reasonable prices but in reality, they were served for prices which were three times the cost of equivalent Melbourne prices. Winnie has consumer rights here and can seek necessary redressal from the adequate forum. Clause 3 further stated that the entertainment would be provided by the band Trolls. It also stated that the bridal dance would be the song Wild Thing. The band had Evas son as a member. It was the duty of Eva to disclose this fact to Winnie. Further, she had to inform Winnie that the band was a death metal band. By not disclosing these issues, Eva failed on the fiduciary relationship of the trust and confidence. Hence, there was a misrepresentation (Elliot 2011). The clause 4 of the contract contained the compensation part which was discussed and paid adequately. The 5th clauses stated that on cancellation by Winnie, the deposit paid by Winnie would be forfeited. These clauses have been rightly included in the contract as they contain an essential element of a contract, i.e., consideration (The Law Handbook 2015). The last clause which was the 6th clause stated that ERH was not liable for any harm or damage caused, even by if such damage was caused by ERHs negligence. During the discussion of the contract, Eva had clearly warned Winnie about the probability of storm. Here, Eva was aware of the risk of tropical storm, and since the venue was a beach, this was an inherent risk of the business. Beyond communicating the risk factor (which was unheard by Winnie) Eva or ERH did nothing. Hence, they committed a tort (Trindade, Cane Lunney 2007). But, the clause 6 covered the disclaimer. And so, a tort was not committed by the reasons of proper disclosure. Conclusion: By analyzing the clauses of the contract, it can be concluded that a contract was formed in this case. Further, by these clauses, Winnie has various rights to seek redressal. Validity of the Contract terms Issue: Whether the terms of this contract are valid? Rule: After oral discussions, when an agreement is written down and appears to be entire, it is assumed that the written terms contain all the terms that were discussed. Further, any evidence regarding the oral discussion would not be accepted which would result in a change in conditions of the agreement. This concept is known as Parol Evidence Rule (PER). A contract is voidable at the option of the aggrieved party in cases of misrepresentation. Under no circumstances, should the terms of a contract be illegal or such that they may breach the law. Only the lawful terms, in a contract, are considered valid. Exclusion clauses are often found in the contracts and are valid. For an exclusion clause to be valid, the terms have to be clear and precise. Further, such terms have to be brought to the attention of the other party. In cases where the exclusion clause (EC) is vague, such clauses are interpreted against the interest of the party relying upon it. It was held in the case of LEstrange v Graucob that when the parties sign a contract and where there was no case of a fraud or misrepresentation to sign than the parties are bound by the contract irrespective of the fact that the contract was not read (Swarb 2015). Application: In the given case, after oral discussions, the contract was written down and signed. Some clauses in the contract were standard, and others contained misrepresentation clauses. The first clause is correct in terms that it contains the tenure of the contract. The second clause is also correct as the terms included the discretion concept as explained above. The third clauses contained two parts. The first correctly stated the terms of the drinks. The second clause contained a misrepresentation clause as Eva failed to declare her relationship with the band. This information was crucial to the contract as Eva had favored from the terms. Further, withholding the information about the band being a death band, confirmed that Eva failed to disclose material information and hence, a case of misrepresentation was present in the contract. So, by this clause, the contract is voidable. The fourth clause stated the compensation of the contract, and it is an essential element of any contract (Frey Frey 2005). Hence, the validity of the contract cannot be challenged on this ground. The fifth clause stated the terms of termination of a contract in case of a cancellation by Winnie. This is also one of the standard terms of a contract and hence, forms a part of a valid contract. The last part contained an exclusion clause on the part of ERH. In this case, the EC was very clear in its wordings and Winnie had signed the contract. Even though the oral warning about the tropical storm was unheard by Winnie, but the contract clearly stated the EC. Applying the verdict of LEstrange v Graucob in the present case, the clause 6 of this contract was valid. Further, all these clauses are legal and do not breach the law. And so, the terms of this contract are valid. Conclusion: From the above analysis, it can be concluded that this contract was indeed a valid contract and the terms of this contract, were also valid. Vitiating Factors of the Contract Issue: Whether there are any vitiating factors in this contract? Rule: Vitiating factors are those terms in a contract that make the contract void or voidable. Some of the vitiating factors include misrepresentation, illegality, mistake, undue influence and duress (Paterson, Robertson Duke 2012). Application: The first vitiating factor is present in clause 3 of the contract. According to this clause, the drinks had to be provided at reasonable prices in the bar of ERH. But in reality, the drinks were provided at three times high rates. This was a misrepresentation by ERH and hence amounts to vitiating factor. Further, this clause also stated the band as Trolls, which had a material relationship with Eva, who was the representative of ERH, and that the band was a death metal band. Failing to inform Winnie about these factors gave rise to a misrepresentation. Hence, this was also a vitiating factor in this contract. A major vitiating factor in this contract was a result of misrepresentation on the part of Winnie. Winnie had failed to disclose to Eva, that on the wedding day, Winnie was going to showcase her new range of designer off-the-shelf wedding dresses, for her business. Winnie stood to make a profit of over $50000 from this. This was a commercial/ business activity. The contract was formed for hosting a wedding and not a business activity. Hence, this misrepresentation by Winnie is also a vitiating factor of this case. Conclusion: So, there were vitiating factors in the given case. In the clause 3, there was a vitiating factor in the form of misrepresentation. Further, a vitiating factor was also present from the side of Winnie, as she failed to disclose material information about this contract and hence, was a vitiating factor in the form of misrepresentation. To conclude, there was a presence of vitiating factor, by misrepresentation, from both the parties. Remedies and Damages Available To Winnie Issue: Whether any remedies or damages are available to Winnie? Rule: Remedies and damages are provided to a party in cases of breach of contract. Damage is awarded with the aim of restoring the parties to the position as if the breach had not taken place. Damage or remedy is not a punishment, but a means to rectify the situation. Damages are usually provided for distress (Australian Law Reform Commission 2016). And remedies are provided for a breach of contract. A noticeable case in the matter of claims for damages, by distress and disappointment is Baltic Shipping Co v Dillon (Goldring et al. 1998). In this case, the passenger had sued for distress and disappointment, and was awarded damages for such distress and disappointment. As per section 20 of the Australian Consumer Law (ACL) (Corones 2011), a person engaged in trade or commerce, must not do something which is unconscionable within the meaning of the unwritten law. Further, section 21 of the Australian Consumer Law, states that a person should not be engaged in unconscionable acts, in the course of trade or commerce, which relates to the supply of goods and services. Relief is provided for contravention of these sections through damages (under section 236) or compensation (under section 237). Application: From the events stated in the facts, it can be deduced that Winnie suffered disappointment and distress. Her wedding was ruined, and her feelings were injured. A clear damage of emotional nature can be established here. So, Winnie can claim for damages on the basis of distress and disappointment. Winnie also undertook a business activity on the wedding day. But due to the problems faced on the wedding day, her business activity was hampered. The dresses she showcased became a laughing stock. Further, a fashion blog article mocked the events of the wedding. As a result of all this, no customers bought her dresses. Because of this, she could not convert her expected profit of $50000 (approximately) to actual profits. The major point here is that Winnie made a misrepresentation by not disclosing the fact that her wedding would hold a business event. This holds her liable for a breach of contract (Monahan 2001). She cannot claim any damage for the loss she incurred because of the commercial activity. Also, Eva withheld material information from Winnie about her relationship with the band member. Further, by failing to disclose information about the band being a death band, again material information was withheld. These were important information in this dealing and hence, by not disclosing them, the misrepresentation was made. Winnie can sue for a breach of contract in this case. And so, Winnie is entitled to receive damages for the breach of contract (Ayres Klass 2012). The magnitude of the damages resulting from the breach of contract would be decided by the loss was borne by Winnie. If the loss claimed is too remote, then damages would not be awarded to Winnie. In this case, the breach of contract (through clause 3), ruined her wedding. Plus, by serving the drinks at prices which were three times the reasonable prices, the damage was clearly established as not remote. So, she can claim damages for high prices that were charged. Further, she can claim for specific performance or get an injunction so that ERH does not continue the overpricing of drinks. In this case, by overcharging the drinks, ERH contravened both the sections 20 as well as 21 of the ACL. In such a case, Winnie can seek adequate relief under the ACL. Conclusion: So, to summarize, Winnie can claim a specific performance or injunction as a remedy for overpricing the drinks. It is also her right to gain damages for the breach of contract (Bonell 2009). Winnie is also eligible to damages/ compensation as per Australian Consumer Law (Coorey 2015). Lastly, as the emotional distress has been established, Winnie can sue for damages in the nature of duress. References Andrews, N 2015, Contract law, 2nd edn, Cambridge University Press, UK. Australian Law Reform Commission 2016, Authorising what would otherwise be a tort, viewed 31 August 2016, Australian Law Reform Commission 2016, Remedies and costs, viewed 31 August 2016, Ayres, I Klass, G 2012,Studies in contract law, 8th edn, Foundation Press, New York. 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