Part A-Contract law Part B- Case study (letter)

Part A-Contract law Part B- (letter) - Case Study ExampleAs a result, they did not expect the consumer to take them seriously. A misrepresentation, on the other hand, refers to a false statement of fact that a caller makes to another party to settle them into entering a wither, even though the statement is not part of the contract. In effect, this makes the contract voidable and the innocent party could repudiate the contract, as salutary as claim damages (James, 2014 p22). Where a person making the statement knew the real facts and it can be proved, they could not have held their views reasonably as a result, their opinions are taken as statement of fact.In order for a contract to be valid, both parties must make it freely and there should be mutual assent. However, it is possible that pressure to enter into the contract or coercion could affect mutual assent. Undue influence and duress are situations that impact on mutual assent, rendering contracts voidable or void. Duress ref ers to the exertion of wrongful pressure on a party to coerce them into making a contract that they would not ordinarily enter. It involves threatening to use force or using force intentionally to induce the party to assent to the contract (Carter, 2013 p32). Whether the coercion is psychological or physical, it must be to an extent to which the other party does not have freedom of choice or free will, leaving them no reasonable alternative than to assent to the contract. On the other hand, undue influence refers to taking advantage of the other party during the formation of contracts. In this case, the two parties have a relationship, for example, one is superior to the other. Unlike duress that involves the use of direct threats undue influence involves the use of excessive pressure by a dominant party for the subordinate to assent to the contract, although persuasion alone does not constitute undue influence (Carter, 2013 p33). As a result, the

Sukuk and Screening of Stocks Essay Example | Topics and Well Written Essays - 750 words

Sukuk and Screening of Stocks - Essay ExampleThe challenge lies in adapting instruments such a Sukuk in these mediums without conciliative on the dictates of the Shariah. Of all the financial certificates transacted in lodges outside the Muslim world, bonds are most amenable to the requisites of Shariah. Already galore(postnominal) Islamic banks are issuing a variety of Sukuk (not all of which are Shariah compliant) but the best option of satisfying Islamic principles while also being able to integrate into planetary markets is through Sukuks issued as bonds. Presently Islamic banks employ three mechanicss to showcase the compatibility of their Sukuks with conventional bonds. Firstly, the bond holders ownership of Enterprise Assets clearly distinguish these Sukuks from interest-based bonds. The second mechanism is the distribution of profits generated by these enterprises at fixed percentages as per prevailing interest rates. The third mechanism is the assurance of capital protec tion, meaning that at least the principal will be returned to the investor. In order for these Sukuks to be Shariah compliant they apply to answer some key questions. First, is the stipulated amount in prodigality of the price of interest for the manager of the enterprise under the pretense that this is an incentive for good management? Also, will the manager purchase the assets that is nominated in the Sukuk at its face value and not at its going-rate in the markets at the time of its redemption? If the answer to any such question is in the negative consequently the Sukuk is considered to have breached the Shariah rules. In this respect the guidelines and deliberations given by the Shariah committee is a useful resource. Author Muhammad Taqi Usmani goes on to talk about how many banks in the Islamic world have failed in upkeeping the tradition of Shariah in order to attract investors. Presently there are loopholes in the system, exploiting which bank managers project a Sukuk as genuinely Shariah compliant, whereas in reality they are only nominally so. It is imperative that managers do not indulge in such practices. The paper prepared by Nizam Yaquby titled bulge outicipation and Trading in Equities of Companies whose Main Business is Primarily Lawful But Fraught With Some prohibit Transaction highlights some of the tendencies on part of Islamic banks to neglect Shariah mandates in their pursuit for greater revenues. The ubiquitousness of Joint Stock Companies and the dealing of their stocks by banks throws blustering several dilemmas. With the Internet making purchase, holding and selling of such stocks quite easy, many banks in the Islamic world are indirectly trading in financial instruments that do not conform to the Shariah code. Trading in stocks of Joint Stock Companies, also called Public Limited Companies, has elicited mixed reactions among Islamic scholars. One group views this practice as permissible provided that the profits earned should be purged from unlawful gains while the other group finds it objectionable. Citing several legal maxims, scholars have either supported or opposed this practice. Some of these maxims are The General need Takes the rule of specific Necessity Mixture of Negligible Unlawful Part with Lawful Major Part Majority Has the Ruling of the Whole, or the Majority Counts and What is Inescapable is tolerable

Stakeholder in the Information System Assignment - 31

Stakeholder in the Information System - Assignment ExampleConsulting stakeholders, when it comes to redesigning a new clay, is extremely essential in a business (Lejk and Deeks 16). Stakeholders, in system analysis, are the individuals who determine the main requirements, which should be met by the whole system so as to meet the wants of the sponsors, customers, as well as the users. Also, the aim of redesigning a new system is to do away with the inappropriate technologies, which limit the productivity of the current system. Stakeholders, in system analysis, contend the best technology, which will work appropriately with the new system (Lejk and Deeks 16). They can help design the proper system, which will assist them in their dealings.(iii) Consider the college-wide IT infrastructure. If you were a systems analyst in the college investigating wireless access, list a non-technical and technical user who you would consult as part of your investigation. For each user, outline three (3) issues you readiness want to discuss with them in an interview.Some of the issues that I could discuss with the non-technician user are how to interact with customers, who to interact with designers, as well as assisting programmers to during the design of the system. A non-technician user, to information systems, mainly deals with the nontechnical part of the system and who I could be maintained (Lejk and Deeks 27). Therefore, a nontechnical user will assist me in larn how to relate to clients and how to document their requirements, which are mainly used to create business requirements and dealings. Also, a nontechnical user will assist me in interacting with designers in tell apart to understand the limitations of using system analysis (Lejk and Deeks 27).A technical user, in system analysis, on the other hand, would help me understand the technical part of system analysis (Lejk and Deeks 28). Some of the main issues, which I could ask the technical user, are how to plan a system flow from the beginning, how to perform a system scrutiny and how to deploy the completed system.

Self harm in adolescents Essay Example | Topics and Well Written Essays - 2000 words

Self harm in adolescents - Essay ExampleIt is necessary to understand the ethical considerations when dealing with an adolescent who intends or is engaging in self injury. There are ethical issues concerning the student. The student should be assured of confidentiality on the issues they discuss with the counselor or nurse. Additionally, there are ethical concerns on parents responsibility and the schools responsibility. The counselor should maintain high standards of professionalism. It is important that the counselor is capable of detecting the symptoms of self-injury early. Majority of adolescents who engage in the self noisome acts do so when they are freshmen or when experiencing great emotional challenges. They ensure that they cannot be discovered and might continue for long if they do not ride assisted (Motz, 2009). The school authorities and parents should avail the resources necessary to encourage safety. As people begin to assist the self harmful adolescent, it is neces sary to be sensible of the ethical complications. Information about the self injurious adolescent should remain confidential, unless the information would prevent danger from the adolescent from causing further harm to themselves or others. Self injurious behavior should be reported even when the adolescent is not exposed to danger, but needs assistance from professionals or parents. However, self injurious behavior should not be considered as an indicator of suicidal intention. For some adolescents, injuring self relieves their tension and helps them deal with stress. Consulting with legal authorities as well as the school administration on the problem is necessary. An extensive and intensive assessment of situation is necessary. This includes establishing the nature and frequency of the self inflicted harm. There is need to consult if the adolescent is hurting and needs care. If they are not cooperating and increase the frequency of hurting self, consulting the professional could be necessary to enable them cope with their challenges. The legal authorities may be involved in establishing the nature of injury, if it is caused by the adolescent or by another person. Medical intervention may be necessary. The adolescent could be having wounds or infection that needs treatment. Understand the emotions that cause the adolescent to hurt self and possible motivation for their actions. Enquire if they inflict their wounds or harm when only if or when with others. Be sure to know if they share objects of injury with others. Investigate what triggers the strong emotions. Moreover, find out who knows about the

Describe and evaluate the main macroeconomic policies used by the Essay - 3

Describe and evaluate the main macroeconomic policies used by the Government and Central bound of Brazil over the last two years - Essay Exampleeen undergoing a phase of sharp economic slowdown as inflation in the country has continued to slide up the scale to touch its highest level in the decade, with 12 month rolling inflation index (ICPA) clocking in at 7.70%, significantly above the countrys Central Bank target of 6.5%. It must be noticed that this is the highest inflation rate prevailing in the country even since May 2005, when the rates touched 8.05%.Brazils Central Bank plays with the policy of interest rate of the country in a bid to control the inflation in the country, as well as regularize the countrys currency (Media, 2015). Just recently Brazils Central Bank raised its interest rates for the third time in a row to touch the 12.75% level. The main motive behind the emergence in the countrys discount rate was to control the rising inflation engulfing the economic sphere s of the country, along with being in line with the monetary alter stance taken by the Central Bank.A look further into the past tells us that in line with the slowdown being witnessed in the Brazilian economy, the Central Bank had cut its growth prediction for the country by a phenomenal 90 basis points to 0.7%. Essential to notice here is the particular that such low growth figures are below are generally below what other Latin American economies oblige forecasted, with the exception of Argentina and Venezuela.tax income has also been a key cause of concern in the Brazilian economy. Within the time span of the last two years the government had effrontery incentives to many industries to stimulate demand, for instance by giving tax breaks to the auto sector. However, knowing where Brazil currently stands at the moment, the current Government will have to take some non-populist measures including abandoning the incentives provided to confused industries.The last two years have also seen changes in the countrys investment environment despite various efforts taken by the government and the Central Bank to control the

Relationship among Religion, Biology, and Science Essay

Relationship among Religion, Biology, and Science - Essay ExampleThe paper is going to handle three main religions common in the world mainly Christianity, Islam, and Buddhism. ChristianityDifferent geographical regions have diverse cultures and beliefs which are characterized as conflicting, in harmony or even with little interaction. Religion and apprehension explain the natural laws and the universe using different methodologies. Science is mainly based on empiricism, reasoning, and evidence. Empiricism is a philosophical view that knowledge is and should perpetually be based on experience. Empiricism is taken to be a fundamental starting point of science inclusive of the invention in religion. scientific empiricism has the assumption that the scientists are independent, impartial, and completely unrelated to the phenomena under investigation. In contrast, religion is based on sacredness, revelation, and faith. Religion is argued to support its facts by use of wizard(prenominal ) powers that are hard to investigate in that they are not part of nature. Religious investigators have difficulties in their investigations in that during the research they defend their religion kinda of explaining the problem under study. In the United States, acceptance of the scientific facts such as natural selection especially in the line of human beings has been influenced by religion so much showing that religion and sciences are in a fight. However, the National Academy of Sciences has documented some facts that proofs of evolution are in accordance and compatible with some religious groups (NAS, 2008).According to Archbishop Habgood John, science is descriptive while religion is prescriptive. Schilling and Coulson claimed that religion and science are related so much in that both revolve around a three-fold structure of experience, theoretical interpretation, and finally the practical application of the new idea. Coulson continued to argue that the palm of science just l ike religion brings it facts by creative imagination but not from mere figures (Brandt-Rauf, 2006).

Marketing and strategy Article Example | Topics and Well Written Essays - 1250 words

Marketing and strategy - Article ExampleThe come across learnings of the study include an explanation and discussion of six variations of a basic value twist around simulate that has worked successfully for leading companies in various industry segments including Home Depot, Quicken, Polo Ralph Lauren, Bloomberg, Borders Books and Barnes & Nobel, Starbucks, and others. These value innovation molds include looking at competitive boundaries from differing perspectives such as across diverse industries from a variety of strategic groups within industries evaluating the full chain of customers within an industry looking at the relationship of products and services evaluating the fundamental customer appeal of products and services and utilizing perspective over time (Kim & Mauborgne 1999). The glide path identifies and graphs the relative value level of certain key elements specific to an industry including product, service, and delivery components.As the scope of business drivers e volves, it includes a complex array of socio-economic, political, environmental and other factors, including the complexity of application of the model the major power to measure the contribution to value. The model becomes a study of business variables that can be addressed or influenced by specific methodologies designed to provide a unique value advise in a specific business environment. In relation to this proposal, the recommendation for a untried value curve model specific to Norwich Business School is based on creating new market space (increased market share) without regard to the traditional limiting parameters typically employ in competitive analysis. This proposed value curve model for Norwich will look at such components as cost, time requirements, access, innovative curriculum targeted to specific needs, and the value proposition of the acquired degree. Selection of these elements and the subsequent emphasis placed in relationship to the relative level, are establis hed from parametric data, traditional business theory, innovative strategic mean sessions, consumer surveys, and traditional competitive analysis. These activities are supplemented with research of best practices of successful or complimentary companies in the field of education. In combination the value curve model provides a compelling agenda to contribute incremental educational value. This effort is supplemented by a focus on the discipline of critical thinking, and on an approach to the study that encourages implementation and application. In short, apply concepts proven in traditional business analysis to the learning process without preconditioned biases. Theoretical UnderstandingIn evaluation of the various value curve models there is a clear communication of the problem and the approach to value proposition modeling. The several examples and associated value curve models are based on individual case studies of successful companies in diverse industry segments. Identificati on and explanation of the four step concept used to develop the value curve include the theory of asking questions associated with the effort to focus on new value. The questions deal specifically with the ability to reduce at a lower place industry standards, eliminate unnecessary standards, create new industry standards, and raise industry standards as appropriate. These four factors assist in the creation of a new look at value components. Incremental data points are established with a review of successful com