Tuesday, November 26, 2019

Employment Law Essay

Employment Law Essay Free Online Research Papers The purpose of this report is to investigate an exact, theoretical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment situations are a constant issue every day in any organization; it is how you handle them both legally and professionally that counts. Situation In this circumstance, an employee that is new to office politics was constantly making insulting and racial remarks. The remarks the employee was making were not deliberately insulting or racial, the employee did made the remarks ignorantly. The employee would make remarks such as â€Å"well, all the people who live in that neighborhood are white and rich† and â€Å"old people should not drive. Anyone over the age of 50 should be restricted from driving. They always cut me off. Forget it if they are Asian, it doesn’t matter what their age is.† These comments are against the diversity policy at the company the employee is employed. More than a few other employees had made other remarks in regards to comments made about African Americans and Asians from the employee. Several employees brought it to the attention of the employee’s manager to address. Federal Employment Laws The employee is in violation of federal laws that protect employees regarding insulting or racially remarks. According to Title VII of the Civil Rights Act of 1964, it is illegal to harass someone because of the persons race or color, religion, sex, pregnancy, childbirth and national origin including membership in a Native American tribe (Cheeseman, 2007). The Civil Rights Act is not just for employers but employees as well. When the employee was confronted about the situation, they said that the person he said these things to was agreeing with him. The situation was brought to the employee’s attention that it was not that particular employee that complained, rather a group of people who overheard this. Of course, this upset the employee stating that the other employees were eavesdropping and should not have been listening to his conversations. The manager had to remind the employee of the laws pertaining to harassment and that it did not matter if he had said it directly or i ndirectly to the offended employees. The Effectiveness of the Law The employee had received training in diversity and had completed a required tutorial on workplace harassment. The law is very clear in respect to workplace harassment and the employee was reprimanded appropriately. As he questioned his actions and what exactly he had done, the law provided very specific answers. When reminded of his tutorials, he abdicated that he had done wrong and accepted the consequences. Actions Required by Law Appropriate action is required by law. Once information is gathered it must be concluded as to whether or not some form of discrimination or harassment occurred. It is up to the company to decide how to punish the employee if a decision has been made for punishment. A discipline measure might be termination of the employee because in some cases of harassment and discrimination termination could be an option. Any employee can make a complaint to the Employment Opportunity Commission (EEOC) which would help with a discrimination case (Cheeseman, 2007). Contract Employees Contract employees working on behalf of the organization are as legally obligated to follow all employment laws and are as protected as full-time employees. If the contract employee was the offender, immediate dismissal could occur as long as it did not conflict with the contract between them and the organization. Most contracts have a clause which includes HR policies and procedures and what the contract employee is required or not required to do or to abide by. For example, a temporary employee is a contract employee. If they are harassed by a full-time employee, the temporary agency may act on their behalf and file a complaint against the employee and the organization. The same is true if the situation was reversed. If a contract or temporary employee violates employment laws, the organization may bring charges again the individual or the organization in which the contract employee is contracted from. The harasser can be the victims supervisor, manager, or coworker. An employer ma y even be liable for harassment by a nonemployee (such as a vendor or customer), depending on the circumstances (Findlaw.com, 2008). Unions According to San Francisco lawyer, Michael Mortimer (2006) labor law and employment law are not the same. Labor Law refers to state and federal laws related to organized labor, labor unions, union contracts, grievance procedures and a federal regulating body called the National Labor Relations Board (Cheeseman, 2007). Employment laws and labor laws are different. Employment laws usually only deal with matters that are nonunion. Many state and federal laws pertain equally to all unions (Mortimer, 2006). Conclusion In order to answer this question appropriately, the manager would have to consult the contract in which the employee or employees are under. As noted above, most union contracts have specifics in their contract related to discrimination and/or harassment; however, in this situation, most likely the employees would not have to go through the union to file a complaint against the offender; however, the offender would have certain protections in relation to his contract. References Brown, S. Sessions, J. (2005). Employee Attitudes, Earnings and Fixed-Term Contracts: International Evidence. Review of World Economics, 141(2), 296-317. Retrieved December 22, 2008, from ABI/INFORM Global database. (Document ID: 1569666441). Cheeseman, H. R. (2007). The legal environment of business and online commerce. [University of Phoenix Custom Edition e-text].Upper Saddle River, NJ: Prentice Hall. Retrieved December 8, 2008, from University of Phoenix, rEsource, BUS415, Business Law Course Website Find Law website. (2008). Griggs v. Duke Power Company. Retrieved December 9, 2008, from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=USvol=401invol=424 Mortimer, M., 2006. Employment Law and Labor Law. Employlaw.com retrieved May 19, 2008 from: employlaw.com/hoffa.ht Research Papers on Employment Law EssayExempt vs Non-Exempt EmployeesThe Legal ProcessWhat are Stock OptionsThe Equal Rights AmendmentEthics in Business EssayGap Analysis: Lester ElectronicsJean-Jaques Rousseau EmileConflict Resolution TacticsInternational PaperDeontological Teleological Theories

Saturday, November 23, 2019

Should I Drop Off My Resume In Person

Should I Drop Off My Resume In Person You see a job advertisement online, and it suits you to a T. You could do the job with one hand tied behind your back, you’d enjoy the work, and it’s at a company you’ve always admired. And, as it turns out, the company is located just down the street from you. Although the post directs you to upload your resume, why not take a trip over to the company’s office, ask for the corporate recruiter, and hand them the resume?It’d be great! Why wouldn’t they want to meet you? You’d be a perfect fit for the job, and they’d know- on the spot, no less!- that they could end the search right here and now!Unfortunately, things are a bit more complicated. Showing up unannounced with your resume could cause you more harm than help.In the days before everybody had email and the internet (think: the 1990s), if you were interested in a job you saw in the newspaper (!) you’d print up a resume and a cover letter on nice stationery and drop i t in the mail. That meant that from the day a job was posted to receiving the first resume, it was usually a few days before a recruiter would get anything in the mail. So, if you showed up with a resume the day a job opening was published in the paper, there was the possibility the recruiter and the hiring manager were itching to get the job filled. It showed that you were a motivated job seeker with spunk.In fact, this was how my wife snagged her first job when we moved to Miami. An editor and a journalist, she ran in to drop off a resume to a magazine publisher that was preparing to open up a new editor’s job. She gave them the resume, they handed it to the publisher, and within a few days she had an interview and then a job offer. She spent the next nine years at that magazine.It doesn’t work that way anymore. Generally speaking, it is now not considered a welcome gesture for a job seeker to drop off a resume at an employer for a professional-level role.Whatâ€℠¢s changed? Basically, the entire recruitment and hiring process. This shift was enabled by two factors:First, email. This change allowed job seekers to send a resume to somebody at a company instantaneously. The person receiving the email could check out the applications at their convenience, but still much more quickly than a resume sent by traditional mail.Second, online job applications. This started with job boards like TheJobNetwork or LinkedIn, but grew into several other job portals. Then applicant tracking systems (ATS’s) came along. These are software applications recruiters use to collect, sort, and process resumes; once these systems were implemented, they also enabled companies to build out their own job pages on their websites, where they could collect resumes directly through their system.As these systems arose, many companies got rid of â€Å"employment centers† where they would take walk-in applications of job seekers. Some companies still operate walk -in employment centers, but they’re primarily directed at finding manual or hourly labor, where job seekers wouldn’t traditionally have a resume they could email (if the employer does run one of these, by all means feel free to stop by).Here are of the main three reasons why it’s a bad idea for a job seeker to drop off a resume:The recruiter’s job is now database and systems driven. They’re managing massive amounts of data- it’s not unusual for a recruiter to collect thousands of resumes through their ATS, which assists them in prioritizing job seekers based upon fit. Since the process is all digital, presenting a paper resume (without uploading it into the system first) is presents an inconvenience that needs to be scanned, entered, and prioritized.It’s an interruption for the recruiter. A recruiter’s day is typically filled with candidate sourcing activities, phone screens, in-person interviews, meetings with hiring managers, strategic projects, and other activities. In other words, they’re really, really busy. And here’s the conundrum; companies and recruiters are very sensitive to the customer experience for job applicants. They want the employer to be perceived as an employer of choice, and so while it may disrupt the recruiter’s day to drop what they are doing and meet candidates who show up unannounced, they may still greet them in order to provide a positive experience so no one feels snubbed by the company. But, the recruiter may actually resent it, hurting your chances in the long run.Showing up is outside the process the company asked you to follow. Employers like to hire people who demonstrate a propensity for following directions. It’s highly likely the employer asked job seekers to apply online; conversely, it’s highly unlikely they asked job seekers to show up unannounced. It’s a strike against your ability to follow directions from Day 1.What shoul d you do if you feel you’re the perfect candidate and you want to make a positive impression and stand out?Apply online first- promptly. Yes, it’s a pain, but go online to the company’s website, upload your resume, fill out those boxes, and respond however the online job ad requires. Doing as you’re asked shows you respect the company’s processes- and their employees’ time. Besides, the company representatives will likely send you back to this step at some point anyway, so why not get ahead of it?Reach out to an appropriate contact online. There is nothing wrong with finding the recruiter or hiring manager and sending them a brief note via email or through LinkedIn. A well-placed, well-timed note (indicating that you’ve already applied online, of course) can often elicit a positive response from the recipient if you’re a good fit. And they can review it and respond to it on their own time, rather than when you show up.Leverage your network. Do you know somebody who works at the company? Ask them to put in a good word and route your resume on your behalf. They may have the inside track on the opportunity, and a respected referral source is usually held in high regard by a human resources department.One more thing: Should you feel vitally compelled to drop off a resume at that company, just leave it with the front desk. Don’t ask for the recruiter to come out and meet you. They’ll get the resume anyway- the receptionist will give it to them.Scott Singer is the President and Founder of Insider Career Strategies LLC, a firm dedicated to guiding job seekers and companies through the job search and hiring process.  He is a Human Resources professional and staffing expert with almost two decades of in-house corporate HR and staffing firm experience, and is a Certified Professional Resume Writer (CPRW) and Certified Professional Career Coach (CPCC).Insider Career Strategies offers a free resume re view. You can email Scott at scott.singer@insidercs.com, or via the website, www.insidercs.com.

Thursday, November 21, 2019

Significance of guitar as a music instrument Essay

Significance of guitar as a music instrument - Essay Example For example, guitarists frequently pull or push strings by their fingertips of their left hand to create notes or to make the note slip downward or upward. By adjusting tuning pegs, guitarists can change the tension of the string in order to produce varied sounds. Guitar provides a rhythmic pulse when combined with singers and other instruments. It is argued that singers are able to maintain the rhythm of a song when accompanied with guitar (National Guitar Workshop, 2003). It helps singers stay on the course and prevent them from going off key as they move from one verse to another. This is arguably true because guitar can produce standard key notes as long as the guitarist is able to maintain the rhythm. In fact, most singers use guitar to trace a forgotten or lost key note in their songs. However, in most cases, guitar is used to support lead instruments and singers’ notes. Some bands use two lead guitars to create interweaving melodies (Miller, 2009). Nevertheless, other bands use one lead guitar to perform instrumental melodies as the second lead guitar provides improvised flourishes. Guitar also provides harmony, especially when a group of notes are played together or in a group. It easily harmonizes other musical instruments in a band (Forman, 1999). In a band with both lead guitar and rhythm guitar, the lead guitarist can produce amazing rhythms when accompanied by rhythm guitar. When solos want to take a break from singing or when translating from one verse to another, guitar helps maintain the rhythm and makes the song more dynamic. It is also argued that guitar also plays the role of a piano if the piano is absent (Miller, 2009). However, it is generally accepted that guitar acts as an instrument that fill out cords and notes that other musical instruments cannot play. In fact, the chords of louder instruments like brasses are covered by guitar. It also

Tuesday, November 19, 2019

Workplace Collaboration Assessment Term Paper Example | Topics and Well Written Essays - 2000 words

Workplace Collaboration Assessment - Term Paper Example Prototypes provides both inpatient and outpatient care to those it helps. Because of the very nature of the type of company that Prototypes is, they would benefit from workplace collaboration. There are over seventeen locations in six towns that are run by Prototypes. That adds up to a large, widespread, .employee base for one organization. Larger organizations need collaboration just as much if not more so than smaller organizations. If the employees and different centers are not communicating and working with one another as well as with the board of directors, the organization could fall apart due to lack of cohesiveness. Assessing risk management as well as administrative ecology are two excellent ways of helping implement and strengthen the necessary collaboration required for Prototypes to become the strongest organization possible. Suggested Methods of Collaberation Administrative ecology is a very good choice for evaluating and structuring collaboration of Prototypes. Prototyp es is an organization that must work closely with their patients and the environments and backgrounds that their patients originate from. It is rare that the administrators of a large organization work hand in hand with the public. However, with a not for profit like Prototypes, it is essential that the administrators deal directly with their patients and, therefore, the public. ... A big part of becoming and remaining a successful organization is to know your client’s history inside and out so you can better serve them. Administrative ecology is practical way to learn about clients (Weizhang, p. 241). For instance, if the soil in an area is bad, because the area was built over, say a former landfill, that could affect the health and genetics of the people who live, work, and play in that area every day. If a school doesn't have computers or technology, the education of its students is automatically rated substandard, especially in today's technological world. It would be important to have a whole picture of a client, and if the client had a substandard or mediocre education, then that would be something useful to know in dealing with and developing a treatment plan for that client. Trust development is also crucial for effective collaboration, especially with such a widespread organization. There has to be trust between the patients and the staff, of cou rse. Otherwise the company is doomed to fail. However there also exist other forms of trust which must be addressed. Calculus based trust (which is trust that is based on information and decisions); Identity based trust both between participants and staff, as well as between staff members and team members. Institution based trust comes from the laws and restrictions which define acceptable behavior as well as unacceptable behavior (Dawes, p.2). Especially with an inpatient situation, all of these trust variants must be satisfied in order to continue the success of the organization and its work. Going hand in hand with trust is the concept of risk management. Every business takes risks. Some are calculated, and some are not. In a business that works with patients, be it a private

Sunday, November 17, 2019

Chronic Diseases Essay Example for Free

Chronic Diseases Essay Finding out that you have any type of cancer will change your life and wonder how and why it happens to them. Even after many years and billions of dollars of research, we still dont know exactly what causes cancer. But we do know how to identify people who are at higher risk of developing specific cancers. A well-known cancer that majority women get but also men can get as well is breast cancer. Breast cancer is a cancer that starts in the tissues of the breast. Everyone has a risk factor; a risk factor is anything that affects your chances of getting a particular disease. They are risk factors that you cannot change and those are: age, gender, family history of breast cancer, genes, and menstrual cycle. Your risks of developing breast cancer increases as you get older; most advanced breast cancer cases are found in women over age 50. Women are 100 times more likely to get breast cancer than men, but men have their chances as well. You may also have a higher risk for breast cancer if you have a close relative who has had breast cancer or other cancers such as: uterine, ovarian, or colon cancer. Some people have genes that make them more likely to develop breast cancer. Women who got their periods early, before age 12 or went through menopause late, after age 55 have an increased risk for breast cancer. Other risk factors are if you drink two or more glasses a day you can increase your chance of getting breast cancer. Also, being overweight is a risk factor of developing breast cancer. Many risk factors, such as your genes and family history, cannot be controlled. However, eating a healthy diet and making a few lifestyle changes may reduce your overall chance of getting cancer. Maintained a physical activity that will allow you to be at a healthy weight can help you reduce of getting cancer. Watch what you eat and how much you consume, it is said that if you reduce your intake of red meat will help you reduce your risk of getting breast cancer or any other cancer. Eating vegetables and eating more whole grain should be added or be a good portion in your daily diet. Also if you are aware of your risk factors you are already doing something to help you prevent getting cancer. Getting a screening test is also important to do even if your risk isn’t that high. A screening test looks for signs of cancer in people who have no symptoms. Also if you feel that you have symptoms, going to your doctor to check and do the screening test is important. Also when you have your daily check up at the doctors allowing them to do a simple regular breast examine. Your doctor will check if you have any abnormal lump in your breast. They are things you can do to help you prevent getting cancer but even so there is that small chance of you getting cancer. Talking to your doctor and being informed in what you can do is a very good option.

Thursday, November 14, 2019

EASTERN RELIGIONS Essay -- essays research papers

People in America today seem to be only concerned with them. They are always looking out for number one. That is a saying that has been taught to us for years. Along with another popular precept: you can't please everyone all of the time. These are just a couple of examples of how Americans are taught to be selfish. Sure, mom and dad always teach generosity to their young children, but in this society, those lessons diminish with age. We learn that life isn't always fair and people don't always have to share if they don't want to. In this so-called free country, the rich get everything and the poor get nothing. This type of environment has caused a rat race among the people. He who has the most wins. In America it is for the most money, but there are many other people in the world who might disagree. What would they want the most of? you ask. Well, that depends on whom you ask. When you take a trip half way around the world, the values are totally different. The Eastern religions, Hinduism, Buddhism, Taoism, to name a few, practice very different beliefs. They are more centered on love thy neighbor than the Christian Religion. This is not to say that Christians are wrong or act wrongfully, it just says that the difference in beliefs generates a significant difference in society. Here in America, our society claims we should love thy neighbor, but it tends to depend on who the neighbor is. We want our neighbors to be just like us. If they are not, then it becomes more difficult to show compassion. The Eastern religions practice compassion for all people, no matter who or what they are. In America, compassion is scarce. It's predominant in families and in small towns, but in the larger cities, it is hard to see if it exists at all. A movie has been made illustrating this point. It is called "Falling Down". It is about a man who has come to the end of his rope. He is tired of the way society has treated him, and he begins to fight back. He thinks he is doing the right thing, but he finally comes to realize that to do the right thing you can't think only of yourself. The movie opens with a traffic jam; the man's license plate reads: "D-Fens": This becomes his name since his real name is never told. It takes place in Los Angeles on a very hot day. This traffic jam is significant be... ...ear. However, when Rand feels all the creativity is lost when you give up the self, I feel she was wrong. I don't think the Eastern Religions intended for that at all. They still feel you should be educated and express yourself just not with trivial knowledge that encourages you to think of yourself as better than others. I know that is the case with Taoism. I agree with this religion in certain areas. For instance, in the movie "Falling Down", D-fens definitely tried too hard for what he wanted and therefore he failed. But I feel there are things you do have to try your hardest for. If you want to succeed at school, for example, you have to work; you can't just sit back and hope nature's course gives you an A. I suppose that's where the eastern religions would come in and say that I must be wanting the wrong things. But I know that in this society, in this time, and in this life, I want to be happy. How that will be achieved, I'm still unsure. Some people require many possessions and money to be happy. Others believe happiness can only be achieved when possessions are given up. The world is very different in its beliefs. As I said before, it all depends on whom you ask.

Tuesday, November 12, 2019

Learning Activity for Western Civilization Essay

Western society was broken up in estates. These estates were the Church, the Nobility and Peasantry. Imagine contemporary western society has now been divided into three estates. I would say that it will be broken up as follows: the Political class, the Wealthy class and the Working class. Although we lived in the same country we were broken down into estates. The Political class, were considered the â€Å"law makers†. This included the President of the United States, Judges, lawyers and anyone dealing with politics. They were majority men and dressed in the finest custom made suits around. Politicians only associated themselves with other politicians and the wealthy class. This was because the wealthy often funded the Politicians. The wealthy class, were individuals who were either born wealthy or became wealthy and was able to maintain the lifestyle. If you were a person of wealth, you would be known by your appearance. A person of this class dressed in the most expensive garments made by famous designers. They lived in lavish homes located in the best neighborhoods in town. They also drove the finest cars. Their children lived the same lifestyle as their parents. Then we have the working class. These individuals made life easier for the Political and Wealthy class. The reason was because they were expected to work for money. This meant that the jobs or work that the upper classmen did not want to do, the working class did. They lived in an entirely different part of the neighborhood or town. When you see the average working class person, they dressed in lower end clothing, such as someone who shops at the Goodwill or thrift store. This was because they were underpaid for the work they performed. So could only afford the inexpensive items included the vehicles. These were people who were proud in whom they were and did not care to fit in with other estates. This is how I believe contemporary western society would be broken into if we were still in medieval society.

Sunday, November 10, 2019

Managing the Customer Experience

With the rising affluence and advances in IT in the society, incomes and living standards rose continuously. These contribute to a change in lifestyle and lead to increased demand for products and services. As a result, customer is expecting a good quality customer experience. Customer service plays an important role in an organization’s ability to generate income and revenue. Successful customer service is an on-going process of meeting and exceeding customer expectations. A customer service experience can change the entire perception a customer has of the organization. Through the articles on customer complaints and compliments, I had read and summarized the various points customers consider as important to enjoying quality customer experience. Firstly, body language and communication. Two of the most important parts of positive body language are smiling and eye contact. Customers expect staff to look into their eyes as they are having a communication. This shows that the staff respect them and by listening to them. Also, staff responsiveness will create a bond of trust and a communication comfort level. Secondly, be an information expert. In other words, staffs are to know what products or services they are offering back to front. Whatever the situation may be, staffs are expected not to leave customer with an unanswered question. This is critical because it determines the retention of customers as staffs are the customer only contact to determine how to use the product or service to get the best return on investment. Thirdly, anticipate customer needs. Staffs are encouraged to look for ways to serve their customer more than they expect. For instance, to remain contact with customers by keeping them informed of new events, product updates or even calling to say hello. In doing so, customer will be amazed by the employee who make the effort in going the extra mile to help them. In addition, they will feel that they are well taken care of and this creates a seamless relationship. In conclusion, I had quoted a meaningful quote from the web from the point of view of a customer. â€Å"Quality customer experience refers to the customer journey which makes them feel happy, satisfy, served and cared, with a sense of being respected, according to his or her expectation or standard, start from first contact and through the whole relationship. †

Thursday, November 7, 2019

The Body Project essays

The Body Project essays In the book The Body Project, Joan Jacobs Brumberg examines how the social changes of the last century have affected the ways in which teenage girls regard their bodies and themselves. By the use of various historical documents, including the many diaries of adolescent women, the author looks at the developing attitudes towards such issues as physical occurrences like that of menarche which we know as menstruation and skin conditions such as acne. Brumberg also focuses on the shift in emphasis from "good works" to "good looks", and the changing relationships between teenagers and parental importance. The author allows us as a modern day society to come and understand how these historical influences operate providing us with a structure of understanding the harmful attitudes that girls absorb in adolescence which result in an internalized sense of self doubt or insignificance which often leads into the corruption of personal advancement of female adolescence into adult life. To understand the meaning of the title Body Project, one must come to know and recognize the social concerns that females have undergone in American history. Since the beginning of the colonization of America, females, although considered secondary to males, have had to ensure that they know and understand what it means to be an individual looked upon as being graceful and in lieu of remaining beautiful. The author made clear that the title was chosen to show how girls came to define themselves progressively through their bodies, thus becoming the primary project of the female society. Brumberg argues that there is a mismatch between biology and culture in the lives of contemporary adolescent girls. She states that Although girls now mature sexuality earlier than ever before, contemporary American society provides fewer social protections for them, a situation that leaves them unsupported in their development and extr...

Tuesday, November 5, 2019

How To Do the Gallium Beating Heart Demonstration

How To Do the Gallium Beating Heart Demonstration The gallium beating heart is a chemistry demonstration in which a drop of gallium is made to pulsate, like a beating heart. The gallium beating heart is similar to the mercury beating heart, but gallium is much less toxic, so this demonstration may be preferable. Gallium Beating Heart Materials Drop of gallium metal, liquefied (apply heat, as from your gloved hand)Dilute sulfuric acid (e.g., battery acid)Potassium dichromateWatch glass or petri dish Perform the Gallium Beating Heart Demo Place a drop of liquid gallium in a shallow dish.Cover the gallium with dilute sulfuric acid. The drop will round into a ball as gallium sulfate forms on the surface of the drop.Add a small amount of potassium dichromate. The gallium will relax somewhat as the sulfate layer is removed and the surface tension of the drop changes. If the proportion of dichromate with respect to the sulfuric acid is just right, the drop will alternate between round and relaxed, like a beating heart. Unlike the mercury beating heart, no iron is required to perform this demo, though the gallium heart beats more slowly. It can be tricky to get the correct amount of dichromate to get the gallium to pulsate, so start with a small amount of the chemical and add more as needed.

Sunday, November 3, 2019

HARRIER JET VS SOFT DRINK CO Coursework Example | Topics and Well Written Essays - 1000 words

HARRIER JET VS SOFT DRINK CO - Coursework Example These offers invite other parties to be part of the contract if interested. Second element of contract specifies that valuable consideration must be made for a contract being called it a binding. Consideration is the value which convinces other party that they are interested to enter the contract. Third element of contract stands valid only when the offer is accepted as it was offered initially excluding conditionality (Burton, 2009). In case of conditionality the contract goes back to first stage as counter offer and after negotiations the contract again is bound to be accepted by both parties. Finally, for a contract to be binding, mutual acceptance by both parties is necessary. Both parties must understand the legal relations and legal consequences. The doctrine of objective theory of contracts supports the argument that contract is determined to be valid by reference to external acts and indices, not by the internal intentions or subjective meetings. It further states that a contract agreement is liable to binding on what is communicated rather what is thought of it (Turner, 2005). In this regard contract only exists legally significant by external acts of the party not by the intent. The objective expression of intent of one party in objective theory is considered from the vantage point by being reasonable to manifestations and this theory of contract is prodigiously accepted in common law authorities. Objective theory of contracts states that contract is a matter of evidentiary practicality which confirm that a contract cannot be a something like fairy tale which is far beyond pragmatism. This doctrine supports the fact of fairness, protection, freedom and autonomy of contract under which philosophical and catchy keystrokes can be announced justified. Objective Theory of contract certainly apply to this case declaring it as a matter of impracticality and expression of intent as vantage and philosophical

Friday, November 1, 2019

Why Organisations Should Spend Time Gathering Secondary Data Prior to Coursework

Why Organisations Should Spend Time Gathering Secondary Data Prior to Undertaking Primary Research - Coursework Example An organization may carry out primary research in which researchers gather facts about the prevailing situation through observation, surveys, and behavioral data and through experimentation. Most organizations initially gather secondary data before undertaking the primary research. Secondary data are data about the subject at hand that may be already into existence somewhere within the reach of the organization, having being collected by the organization or another body and therefore the information may be useful partly or wholly in handling the problem at hand. Reasons Why Organizations Spend Time Gathering Secondary Data The information that already exists somewhere may help the researching organization in expanding its knowledge regarding the problem to be solved. The company may use such report to find out what others have done in a particular field of study. The secondary data may also help an organization it its preparation for primary research, by helping in identifying the to ols and materials that need to be used in order to make the future research successful. The secondary materials may also help an organization to understanding the progress that other researchers have made. This help in avoiding certain research problems in order to use the available resources effectively. The company may also use the secondary data to identify the needed resources for the research work to be successful. It helps in setting realistic period for the research work that the organization intends to undertake, and to assemble a team of researchers for different roles in the research process. Advantages of Using Secondary Data Data collected externally may be more objective since no one within the organization may have influenced the outcome of the data. This is usually useful when the data needed to solve the current problem does not exist anywhere in the organization, it may be appropriate to obtain the data that may have been collected by other pioneer organizations in the same industry. This helps the researchers to identify areas of focus to solve the problem effortlessly. Using data that was collected by other organizations in solving related problem is part of the learning process that is useful when handling many research problems for the first time. This helps in avoiding some obvious mistakes that may lead to wastage of resources and time in the earlier researches (Kotler et al, 2009) The organization may find relevant data that touches similar problems that the company is seeking to solve. In marketing, it is common knowledge that all products goes through the product life cycle and all organizations goes through the same learning curves. It is therefore a reality that the problem that any organization may be dealing with at present may have been faced by another organization in the past. When data is acquired from other organization, it may influence the learning process much faster for smaller organization, whose resources are constraine d. It is cheaper to obtain in different forms of research findings as needed by the organization for solving a specific problem at hand. The process of obtaining materials that already exist to be used in solving a related marketing problem is shorter. The processes of obtaining such existing data may at time cost the organization almost nothing or only a small cost may be involved. This is useful when there is need to save on the cost and time availability. Secondary data is readily available in variety. Today the world is today experiencing information explosion, and therefore every type of information that may be needed by