Thursday, September 3, 2020

Wingstop Restaurant Essay Example

Wingstop Restaurant Essay In 1994, Wingstop Restaurant has initiated the expansion of scrumptious and extreme Buffalo-style chicken wings. From that point forward, Wingstop have been an equivalent to chicken wings. Wingstop brags of restrictive plans to the pleasure of its clients. Moreover, exceptional client assistance and great food have produced uproar and clear requests, which just the Wingstop establishment can give and fulfill. Wingstop CEO Jim Flynn, decalred that 80% of the company’s deals produce from the deals of their claim to fame chicken wings (Wingstop, 2008). Wingstop gloats of its nine exclusive wing flavors. The flavors are: Atomic, Original Hot, Cajun, Hawaiian Barbeque, Garlic Parmesan, Hickory Smoked BBQ, Mild, Teriyaki, and Lemon Pepper (Wingstop, 2008). Wingstop guarantees that the chicken wings are specially made new, and served steaming-hot. Be that as it may, Wingstop advances its claim to fame the bison style chicken wings as its principle entrã ©e. Wingstop point of convergence of the eatery is its servings of bison style chicken wings with an assortment of flavors; satisfies its monicker â€Å"The Wing Experts†. (Wingstop, 2008). The plenty of kinds of its chicken wings additionally enlarges the expansive market interests of the Wingstop establishment. The café likewise serves a wide-cluster of heavenly sides. Clients are continually anticipating have their new cut fries with soft drinks and brews. Despite the fact that the chicken wings are simply the dinner, Wingstop additionally offers a gathering of luxurious and delectable side dishes from, for example, Idaho potato french fries, great potato serving of mixed greens, chilled carrot sticks, hot rolls, and whiskey twofold heated beans. Refreshments incorporate a wi de cluster of wine and brews (Wingstop, 2008). We will compose a custom paper test on Wingstop Restaurant explicitly for you for just $16.38 $13.9/page Request now We will compose a custom article test on Wingstop Restaurant explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom article test on Wingstop Restaurant explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer Current Marketing Situation So as to lure more clients, Wingstop fused a nostalgic and flying themed environment in their eateries. In the end, Wingstop started diversifying in 1997 so as to include more stores in the United States. The first diversified eatery opened in 1998. Diversifying is a critical piece of the Wingstop’s development. The proper area of a Wingstop café is fundamental to an establishment owner’s achievement. Wingstop has demonstrated that a suitable area is one of the keys to achievement of the organization. Wingstop’s proficient land group guarantees that perspectives, for example, traffic examples and stream, socioeconomics of the territory, kinds of advancement, and various different components are thought of and surveyed so as to produce openings from an objective area (Wingstop, 2008). Wingstop has determined that they have an alternate market section contrasted with KFC and Popeye’s, which sells singular dinners and for families. Then again, Buffalo-style chicken wings will in general draw individuals with comparative interests, for example, the Super Bowl and different games events.â A bunch of variables makes Wingstop an engaging possibility for franchisees. The menu itself is a tempting variable for individuals to ask for an establishment. Chief Flyyn says that effortlessness works bests for Wingstop. This proposes the Wingstop advertising system isn't hard to oversee for the individuals who plan to profit an establishment, yet need earlier food administration experience. Besides, eateries with little menus will in general have lower work costs contrasted with other restaurants.Today, Wingstop has developed from a little café to one of the country’s boundlessly multiplied claim to fame cafés. Being the pioneer of the chicken wing cafés, the o rganization envisions its turn of events and progress for it to support incomes (Wingstop, 2008). SWOT Analysis and Comparative Advantage Qualities  ·Ã¢ â â â â â â â Wingstop is the pioneer of Buffalo-styled chicken wing strength eatery.  ·Ã¢ â â â â â â â It is viewed as the Coke of chicken wing cafés.  ·Ã¢ â â â â â â â Wingstop brags a wide cluster chicken wing plans, which will take into account a mixed gathering of clients.  ·Ã¢ â â â â â â â Wingstop isn't just viewed as a family-situated eatery; it is really host to bunches who share a similar intrigue like game ( Super Bowl). Shortcomings  ·Ã¢ â â â â â â â Since it’s carefully a chicken wing forte café, Wingstop is restricting its menu to chicken wings and various side dishes that a few cafés as of now have.  ·Ã¢ â â â â â â â Wingstop is just equal to chicken wings, which recommends that clients can be befuddled that it just serves chicken wings.  ·Ã¢ â â â â â â â Franchising could be viewed as a shortcoming too, because of the way that Wingstop can't intentionally regulate an establishment outlet. Openings Wingstop has occupied with diversifying and sovereignty exchange, which is planned for advancing the eatery. Areas have demonstrated that Wingstop can produce a bunch of chances like big name competitor supports that supplements Wingstops publicizing and advancement; NFL corridor of famer Troy Aikman has been a strong endorser for Wingstop benefactors who happen to be Super Bowl aficionados too. Wingstop consolidates an able feeling of diversifying and cooking administrations, which produces ensuing chances. Dangers One of Wingstops dangers is the development of take-out and conveyance chicken wing claim to fame cafés; these eateries are clearly exploiting Wingstops achievement. Wingstop is compromised by the rise of chicken wing suppers at Popeye and KFC. Wingstops diversifying can likewise encounter a setback in its diversifying bargain at whatever point a diversifying outlet doesn't deal with the outlet in a proper way. Showcasing Strategy and Objectives As an establishment proprietor for Wingstop, you should remember that Wingstops showcasing idea is brief and exact. Wingstop fuses the idea of chickent wing flavor choices that will lure different market division. This creates incomes for Wingstop, which it owes a ton to its effective and mystique. Wingstops showcasing system has created 90% of food deals from chicken wings and side dish of french fries. Despite the fact that it might sound simple to direct the gracefully and the requests; high volume of requests and varieties of kitchen space have been critical variables that Wingstop considers in its activities. Its consistently a test at whatever point a client orders 100 chicken wings. Its a standard basic that item and the administration ought to be done in an ideal way. This recommends Wingstops advertising system with its thin item offering. The center ofâ Wingstops promoting methodology is without a doubt to multiply its wide exhibit of chicken wing assortment to its differ ing client base. Moreover, it is anticipating existing multi-unit franchisees to supplement its passageway to possible new markets. The underlying invesment for a wingstop establishment is from $181,500 to $250,00, which incorporates a one-time establishment charge of $20,000. 5% of gross deals will establish the current sovereignty (Zimmerman, 2008). Food and paper costs comprise 34% of working expenses. The cost of chicken wings have shot higher than ever, which will mean an ensuing increment in costs. The expansion in chicken wing cost is past the companys control because of the way that chicken wings are a market-driven product. Wingstops advertising procedure is clear during Super Bowl season, where costs and incomes tops up thend decreases continuously (Zimmerman, 2008). We decided to utilize the standard estimating procedure dependent on rivalry for our burrito business.â With this valuing methodology, we will value our things inside the scope of our rivals. By evaluating our things at or around the dollar measure of our rivals, we won't lose value touchy clients. This procedure will be the best for our objective market-the Orlando community.â Because Orlando inhabitants spend on normal $11-20 seven days eating out, our costs must fit into this range.â In request to do this, we will value our burritos at $6.00 for a burrito and $1.50 for a beverage.â we will probably make an agreeable situation in which understudies wish to unwind and â€Å"chill out†.â Therefore, our costs must mirror this casual mentality and furnish understudies with what they need at the costs they can bear. By utilizing a set value, we include simplicity of installment and choice to the advantages of our clients. The utilization of the standard valuing techniqu e doesn't permit our rivals the upside of cost since we will be inside their cost range.â Instead of pulling in clients with a lower value, we will rival different eateries through the nature of our product.â Our objective market, the Orlando people group, recorded cost as the principle factor when choosing where to eat; in any case, quality was a nearby second.â By offering higher caliber than our rivals in a similar value section, we intend to have the serious edge. We likewise plan to offer an enormous menu assortment. However, we will keep a standard of $6.00 for all things with an extra charge for additional fixings or specific items.â While there are various snappy help cafés that offer an enormous assortment, these eateries cost at different sums, too. This factor will recognize our business from our rivals who don't offer set valuing. As recently expressed we will charge $6.00 for all standard burritos.â Standard burritos incorporate pre-thought alternatives and a form your-own option.â If clients wish to include additional items, there will be a 50-penny

Saturday, August 22, 2020

Accommodating Students with Disabilities :: College Admissions Essays

Pleasing Students with Disabilities   So as to procure a secondary school recognition in New York State, every understudy must secure one physical training credit. Paul [a pseudonym] is in a wheelchair. He is a tenth-grade understudy with cerebral paralysis at my secondary school. He expected to win this credit, yet would be not able to address the difficulties of physical training. Paul would need to get his physical training credit another way.   The dignitary of understudies and varsity ball mentor were made mindful of the issue and thought of an answer. Realizing that Paul is a b-ball fan, he asked whether he could record the details. A change to the program All-Star Stats 400 by Microsoft would empower Paul to keep up the details and expel the errand from the mentor's shoulders.   This thought was then talked about with the Learning Workshop instructor, a PC pro. He contemplated that if Paul could separate, factually, recorded b-ball games, he could enter the details into the PC. Paul talked about the thought with his educator and truly loved the thought it permitted him to take an interest in secondary school ball and gain the necessary credit.   When his instructor finished the adjustments of All-Star Stats 400, Paul was given a significant opportunity to get his physical training credit. The workforce's readiness to help an understudy radiates through the mechanics of this procedure. The explanation Paul prevailing with regards to accepting his credit is on the grounds that he was happy to attempt to cause the plan to become reality. The workforce cooperated to shape the crude materials, and Paul completed the item.   This individual triumph was scarcely seen by the understudy body, albeit maybe more understudies should notice the event. The beliefs communicated in this story incorporate acknowledgment, innovativeness and participation among personnel and understudies. As his educator stated, Getting Paul's credit shows the support and devotion of the staff and the eagerness and want of Paul.

Friday, August 21, 2020

Emotional Reaction Term Paper Example | Topics and Well Written Essays - 750 words - 1

Enthusiastic Reaction - Term Paper Example The structure of the story spins round the association among Bartleby and the Narrator. While the story centers around Bartleby’s bewildering character and the occasions prompting his appalling demise, the character of the Narrator involves a focal spot in the story. The Narrator applies a solid intrigue on the peruser. The peruser sincerely relates to the Narrator in his innocuous carelessness, his endeavors to maintain a strategic distance from open clash and his profound compassion towards Bartleby. The Narrator shows up as a respectably fruitful legal advisor, who carelessly approaches his normal business on Wall Street. It is simple for the peruser to relate to his tone of delicate â€Å"self-deprecation† and his â€Å"conservative, mindful and prudent† character (Sanderlin, 50). He honestly proclaims the â€Å"profound conviction that the simplest lifestyle is the best† (Melville, 3). He is unambitious, somewhat pretentious (as demonstrated by the name-dropping of ‘John Jacob Aster’) and calm. He is substance to bring in cash in his calling and to remain tucked away in his basic office, which he depicts as â€Å"the cool peacefulness of a cozy retreat† (Melville, 3). The peruser is happy to support of his disposition towards life. Regardless of whether one could blame the Narrator for pomposity and of being â€Å"the self-satisfied narrator (who) starts by praising himself in his respectable character and circumstances† (Stempel and Stillians, 274), he seems to be famously amiable. He is happy to make jokes about himself. He is likewise ready to endure Turkey with his â€Å"flighty recklessness,† (Melville, 6) smudged records, split pens, upset sand-box and attacks of rudeness. Nipper’s dubious guests and red hot temper is additionally taken in his step. He can't deny any â€Å"appeal to my individual feeling† (Melville, 10). The Narrator is a sound man, who is content with his calling and the peaceful unfurling of his days. The peruser builds up a comradeship with him

Friday, June 12, 2020

The Vietnam War - Free Essay Example

The Things They Carried is a collection of stories fiction and nonfiction told by author Tim OBrian. Through the narratives told through the eyes of his characters, it links them together because of what they carry, but paradoxically it distinguishes them as well. His recollection of short stories conveys the grotesqueness of the Vietnam War, the power stories can have, and the anti-war sentiments felt amongst and other draftees he served with. He emphasizes that war cannot be generalized, and contrasts of the effects of war and what war is like. He has an abundance of major points, often referring to anti-war themes that are seen in many veterans of the Vietnam War. With proclaiming the stories in his novel being untrue in order to emphasize the power of storytelling, there are still underlying messages that are reverberated throughout the story. Themes such the physical and emotional encumbrances, the PTSD and anxiety accompanied from combat, and lives robbed to serve the country. This is further exacerbated by himself and other interviewees of the Ken Burn Series: The Vietnam War, with other primary sources depicting veterans sharing the same feelings. Tim OBrians novel alludes to the many emotional and physical tolls the war has taken on the men in his platoon. The physical toll is the enormous load they carried, their weapons, ammo, ruck sacks, and equipment totaling over 50lbs. The items they carried were of necessity to survive, but often times they would abandon their supplies in order to alleviate their pain. They would dump their rations, set off their claymores, and not wear the issued protective gear such as the helmet and flak jacket because they wanted to become more comfortable. Often times, they would conduct these actions on their marches and during the movements they would operate in extreme heat within the jungles of Vietnam furthering the physical toll. Along with the gear and equipment they carried, they would also carry with them, their emotions. Early in the book, we are introduced to several characters. Platoon Leader Jimmy Cross carries the letters of his love interest Martha from his home. These letters led him to carry feelings of romance, along with all the hypothetical outcomes that could arise about their feelings. He had an internal struggle with himself because he debated whether the feelings were mutual or if she had moved on as her letters indicated as they were mostly chatty and elusive on the matter of love. Whether it was their faith or their love, this war that they did not understand took them away from their homes transforming these emotions into burdens later on. Lieutenant Jimmy Cross focuses so much on his romance, that he allows for his negligence to lead to the death of Ted Lavender, a soldier under his command. Lavender would be shot because of the lax standard set by Jimmy Cross because of his focus on Mar tha, and the death of Lavender would be one he never overcome. All men carry with them a sense of fear, this was seen when they conducted tunnel duty to determine if there were enemy. They would allow imagination to take over and create different situations of peril when conducting tunnel duty such as being crushed or not being heard or seen. Former Prisoner of War Senator John McCain, recounts when he entered Hanoi and was captured when his helicopter was shot down. Following his capture, he experienced the same emotions of fear that the men in Tim OBrians novel felt. He was constantly scared because of their lack of medical cleanliness and treatment, this fear was increased because of his injured leg becoming infected. He had heard of other tales of men being captured and dying with similar leg injuries because of the blood becoming toxic, and he was fearful because of their lack of medical ability to treat him. This constant fear even resulted him in almost cracking by wagering military information for medical treatment. Fear, as seen with th e with OBrians platoon and John McCain made them wary of their survival and carry heavy emotional burdens. Although the men may have survived and moved on from the war, some continued to fight the battles upon returning home. Some of the men were unable to overcome the grief faced from the Vietnam War and continued to plague them in the form of Post-Traumatic Stress Disorder. Ken Burns has many veterans such as the author Tim OBrian, John Musgrave, and Bill Ehrhart who still have haunting memories of the conflict. Furthermore, they didnt have an outlet to cope with their anxieties either because society rejected the Vietnam War and its veterans. They would fight feelings of depression and suicidal thoughts, or as seen in Musgrave, a bitterness towards Asians because of the battles he was engaged in. In the novel, Kiowa is well respected and loved by the men of his platoon. His death hit many men hard, but no one took it harder than Norman Bowker. Following the war, he wrote to Tim OBrian saying that he was unable to fit in, find a stable job, or find meaningful use in his life. Bowker wou ld try to cope with basketball and late-night drives but would ultimately hang himself three years after the war. Rat Kiley was another member of Tim OBrians platoon, and he was best friends with fellow soldier Curt Lemmon. They would hang out and become very close until his abrupt death from an explosive. Rat Kiley is devasted and tries to cope, during this time he and other soldiers find a baby water buffalo. After trying to care for it, he pulls out his pistol to shoot the water buffalo and begins to mutilate with multiple gunshots. His PTSD is extreme as he is trying to cope with excessive use of violence. The Vietnam War instituted a draft to increase and bolster their numbers to deter the spread of communism into southern Vietnam. Norman Bowker deployed to Vietnam enamored with the idea of becoming a sort of war hero by earning awards elicited from valor. He would earn seven combat badges including the Combat Infantry Badge, but the Silver Star eluded him. All the glamour he thought he would receive coming back from the war was absent, and he had a hard time adjusting to civilian life. He would be unable to hold a job and assimilate back into society because everything had changed. His duration in war left him different from the rest of his hometown, and his obligations changed upon returning home with his life now fundamentally removed due to answering the nations call. John Musgrave, another veteran interviewed in Ken Burns The Vietnam War shares similar sentiment with his life changed, as he was also initially eager to serve his country. However, he says that during the war he suf fered many injuries and returned home to a country that did not honor him, much like Norman Bowker in returning to his community who didnt honor what he had done. Bowker and Musgrave changed during the war, and both came back to their homes with depression and suicidal thoughts because their communities did not help them. Musgraves interview echoed other veterans as seen in the responses in the Veterans review of Apocalypse Now, which was a clip portraying American soldiers deployed to Vietnam as evil, psychotics, and unstable. This influenced many communities to reject other Vietnam War Veterans to reject their soldiers just as Musgrave was. Many veterans such as Musgrave, wanted the country to know they fought on the governments orders in a cause that was portrayed as noble, and they were not what society was painting them to be. Another instance was in June of 1968, Tim OBrian had just graduated Macalester College with plans to attend Harvards Graduate School. These plans were changed because he was called into the Vietnam War through the draft. Believing he was too good to serve and not acknowledging the reasons for U.S. intervention, he began to have anxiety over his looming service. Tim OBrians life was altered profoundly, his plans were voided because of his mandatory service, and he even thought of escaping into Canada like others had. His situation represented a large majority of Americans who had gone to college, they had to abandon their goals for a war they did not believe in nor understand. Sha ring Tim OBrians belief, Bill Ehrhart shared the same feelings when interviewed in the Ken Burn series. He did not believe in the wars cause like Tim because the agenda wasnt to save Southern Vietnam but out of refusal to admit the Johnson administration had messed up. Stories have the power to tell a narrative. Tim OBrians The Things They Carried was an anti-war novel focusing on the burdens carried by soldiers, the PTSD that lingered with soldiers following the war, and the impact the draft on the lives of many young Americans. There is a bitterness through the different stories that illustrate why not only the Vietnam War but war in general is unnecessary. He argues that the war irreversibly changed the lives of many men because they lost their futures or were unable to function again in normal society. Tim OBrian was a participant in the Ken Burns series, and in the last episode he bitterly questions why we participated in the Vietnam and shed the blood of so many young Americans in a cause that he did not believe in. The book he wrote furthers that sentiment to caution and influence the U.S. that war is problematic.

Sunday, May 17, 2020

The 1950s A Decade Of Prosperity, Conformity, And Consensus

Kylie Suitum Hist 406 Final Paper 12/11/15 Historians tend to portray the 1950’s as a decade of prosperity, conformity, and consensus, and the 1960’s as a decade of turbulence, protest, and disillusionment. Do you agree or disagree with this view? Show evidence to support your argument. With the overwhelming amount of Levittown houses, the obsession to obtain the perfect American â€Å"ideal family† as seen on TV and the unspoken agreement to fear any and all foreign ideas and values, the 1950s were revealed to be a decade of prosperity, conformity and consensus. Just ten years later the atmosphere in America was shockingly different; the 1960s were a decade of turbulence, protest and disillusionment due to the ongoing struggle for civil rights, arising feminism, and the Vietnam War. The development of the suburbs has been appointed to be the result of the â€Å"white flight† from the inner cities. In the 1950’s black Americans moved northward to cities to find industrial jobs that were within walking distance. Discrimination in cities worsened, crime rates increased and educational facilities’ credentials weakened or gained bad reputations. The upper-class families left the cities and mass migrated to the suburbs to escape the increasing crime rates and worsening conditions. This movement was later termed the â€Å"white flight†. Every American wanted to begin building the â€Å"ideal family†: two parents, two children and maybe a pet or two. This newly invented middle-class prospered asShow MoreRelatedCharacteristics Of The American Dream1166 Words   |  5 PagesFor some eras and numerous decades, the idea of the American dream has guaranteed democratic culture and material thriving. For some, the thought of flourishing stayed only a fantasy. In any case, for a plethora of Americans in the 1950s, the American Dream turned into a reality. Post war, they had within their field of reach was the opportunity to have so much more than their predecessors. The 1950s in America were described by post war wealth and economically great circumstances. With the dismaysRead MoreConsensus and Conformity Essays991 Words   |  4 Pagesto be dominated by consensus and conformity in the 1950s. As the commotions of the first half of the century ended, people were relieved but faced oncoming internal issues. The Great Depression and the two Great Wars caused people to seek tranquility and harmony. The fifties were the decade of change led by president Eisenhower. During this time the nation was in an up rise in many ways. The economy was booming as the Gross National Product more than doubled from the past decade. Thus there was aRead MoreAnalysis Of The Day The Music Died 2417 Words   |  10 PagesEstablishes the 1950s as the reference point for the rest of the song; Act II (verses 3 4) – Story building on the growing conflicts of the 60s; Act III (verse 5), the apocalyptic climax of the story; Epilogue (verse 6), the song’s coda Opening with the death of singer Buddy Holly and ending near the tragic concert at Altamont Motor Speedway, we are able to frame the span of years the song is covering—1959 to 1970—as the â€Å"10 years we’ve been on our own† of the third verse. It is across this decade that theRead More8 stages of social development6628 Words   |  27 Pageschange, not merely a set of policies and programs instituted for some specific results. This process has been going on since the dawn of history. But during the last five centuries it has picked up in speed and intensity, and during the last five decades has witnessed a marked surge in acceleration.[2] The basic mechanism driving social change is increasing awareness leading to better organization. Life evolves by consciousness and consciousness in turn progresses by organization. When society sensesRead MoreOrganisational Theory230255 Words   |  922 Pagesdiscipline. It is a body of thinking and writing that describes, explains and influences what goes on in organizations. It provides an underpinning body of knowledge that enables us to explore and develop management and leadership theory. In recent decades Organization Theory has become increasingly diverse in terms of the perspectives that writers use to study and understand organizations. These perspectives provide, in their different ways, profound challenges to the ways in which we live in and designRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pagesbusiness school curricula emphasized the technical aspects of management, focusi ng on economics, accounting, finance, and quantitative techniques. Course work in human behavior and people skills received relatively less attention. Over the past three decades, however, business faculty have come to realize the role that understanding human behavior plays in determining a manager’s effectiveness, and required courses on people skills have been added to many curricula. As the director of leadership at MIT’sRead MoreContemporary Issues in Management Accounting211377 Words   |  846 Pagessource. Established Welds cannot grow in the absence of committed Wgureheads who tirelessly contribute to their development. One individual who has contributed immensely to management accounting thought and practice over the course of more than four decades is Michael Bromwich. Bromwich, who is about to retire as CIMA Professor of Accounting and Financial Management at London School of Economics (LSE), has published over eighty papers and articles and some Wfteen bo oks and monographs. His primary contributionRead MoreManagement Course: Mba−10 General Management215330 Words   |  862 Pagessuch as economics some of the founding principles, such as Adam Smith’s â€Å"invisible hand,† are being tested and reworked for the first time in more than 200 years. The traditional basic premise of volume production, which has driven manufacturing for decades—primarily economies of scale—is being challenged by today’s reality. Continuing with the example of software, once a successful software development has been created, the cost of volume production is almost nothing, and a company can maintain itsRead MoreExploring Corporate Strategy - Case164366 Words   |  658 Pagesââ€"  ââ€"  ââ€"  ââ€"  ââ€"  ââ€"  ECS8C_C01.qxd 22/10/2007 11:54 Page 604 ECS8C_C01.qxd 22/10/2007 11:54 Page 605 CASE STUDY Ministry of Sound Richard Whittington The Ministry of Sound went from start-up to maturity in little over a decade. The case raises issues concerning both business strategy, particularly regarding sustainable competitive advantage and resources, and corporate strategy, particularly regarding diversiï ¬ cation and internationalisation. There are also issues of ownershipRead MoreProject Mgmt296381 Words   |  1186 PagesProject management is not without problems. The Standish Group has tracked the management of information technology (IT) projects since 1994. This firm’s periodic landmark reports summarize the continued need for improved project management. For over a decade the Standish Reports of management of IT projects showed improvements. In 1994 approximately 16 percent of IT projects were completed on time, on budget; in 2004 the success rate moved up to 29 percent. 3 4 Chapter 1 Modern Project Management

Wednesday, May 6, 2020

lighthod Binary Oppositions in Joseph Conrads Heart of...

Binary Oppositions in Heart of Darkness In Heart of Darkness, Joseph Conrad used a series of reversed traditional binary oppositions to convey the theme that every man has his own heart of darkness that is simply masked by the superficial light of civilization. The novella focused primarily on the adventurer Charlie Marlows journey into the African Congo, but dealt with larger themes. Marlow was from Europe and understood the basic premises of imperialism, but was unprepared for the world he encountered in the wilderness. The world of the African jungle did not abide, at that time, by the same laws with which Marlow had been raised. There was an inherent savagery in the jungle that he had not previously encountered†¦show more content†¦Marlow responded to the sight of the dying natives by running away from the horror, and continued on his journey. Further on , Marlow encountered the Accountant of the Outer Station, a man dressed entirely in neatly pressed white linen. This man was directly representative of the ideas that Marlow associated with the civilization from whence he came. Despite the conditions in the Congo, for all of its savage and problematic nature, the man had stayed clean and conscientious. Marlow stated that, in keeping clean and orderly, the man had verily accomplished something (28). The man, though he was the outward representation of the ability to stay civilized, was actually quite inhumane. His work kept him right in the heart of the goings on at the station, and his response to whites and natives alike was the same; he responded to everyone with relative apathy and disregard. His bookwork for the station - his position in society - were more important to him than the suffering of the enslaved natives as well as the dying white man housed in his hut. Again, the use of white as a negative color is evident in the text, reversing the typical ideas regarding the colors association with the pristine attributes of the human character. Furthermore, the Companys entire business deals with ivory trade, and ivory is a very obviously white object. The ivory was obtained through the enslavement of the jungle natives by the

Business Law The Contractual Obligation

Question: Describe about the Business Law for The Contractual Obligation. Answer: 1. Request for tender (RFT) issued by a party for inviting tender is an invitation to treat, and not an offer by party filing RFT. When other party submit tender in response to that RFT is considered as an offer made by that party, and no contractual obligation arises until that offer is accepted by the party who invites tenders. This process was considered as traditional contractual analysis, and there is no legal relationship between the parties till the tender is accepted by the party who inviting tenders. However in some specific situations court impose legal obligation on party who mere invite tenders by filing RFT (PWC, 2016). In case Hughes Aircraft Systems International v Air services Australia (1997) 146 ALR 1, Justice Finn replaces the traditional contract analysis process in case of tender in Australia by finding that in some cases filing RFT also creates legal obligation on parties, and give rise to the contract which is legally binding (Hayford, 2006; Doyles, 2005). Whether tender is a process contract- a process contract arises when principal take steps to convey the tenderer that principal bound himself from the conditions of tender. In case process contract is arises, and principal fails to comply with the conditions mention in the RFT then it will be considered as breach of process contract. In case of breach of process contract, tenderer have cause of action against the principal in following two situations: In case, when RFT contains such terms that states that principal accept the tender which is best and lowest. In case, when RFT states any condition which is followed in tender processes and it will be considered as failure if such condition is not followed whether by principal or tenderer. Whether or not RFT is considered as process contract is depend on the terms and conditions mention in RFT, and other obligations that will impliedly or expressly accepted by the parties (Malllesons King, 2013). In the present case, university files RFT for supplies of green seeds for its surrounds, with closing date of 1st June. In its RFT University does not mention any condition which creates any legal obligation on party who inviting tenders except closing date that is 1st June. Following are the legal obligation of universities in these three tenders: In case of Greenland, they hand delivered their tender on 29th may, and they offer green seeds on the second lowest bid, but university did not mention in RFT any condition regarding lowest or best bid, and reject this tender because of rumors about its unreliability. Therefore Greenland has no cause of action against the university because no tender process contract is existed between the parties. In case of Enviro, the tender is posted on 15th may and received by university on 17th may but due to negligence of administrative assistant the offer is not put in box on time and because of that administrative officials considered only two tenders. Offer made by Enviro is the best and lowest offer. There is binding relationship between parties during pre award period in case of negligence, and principal owned duty of care towards tenderer. Therefore in this case Enviro has cause of legal action against university. In case of plant forever, university accepted the offer of plant forever but the acceptance did not conveyed to the company, and company enter into another contract. There is general rule regarding communication of acceptance that is acceptance is communicated when it is received by offeror (ACL, n.d.). We can understand this with the help of case law that is Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH. Therefore, in this case there is no binding contract between university and plant forever, and university has no cause of action against company. 2. There are number of goods and services which are exchanged through medium of contract. As per the contract law, a contract is formed when one party made an offer to another party and other party accepts that offer. It is necessary for valid contract that both parties have legal capacity to enter into a contract, both have intended to create legal relationship between them, and there must be consideration (ACL, n.d.). Many Private enterprises and government agencies sell and purchase goods and services through tender process in Australia, and before entering into a valid contract these enterprises issue request for tender (RFT). RFT is a published notice issued by the party who invites tender by the public for selling and purchasing goods by submitting the tender in accordance with the conditions stated in the RFT. RFT is not an offer it is just an invitation to treat and we can understand this with the help of case law Pratt Contractors Ltd v Palmerston North City Council. When other party submit tender on behalf of that RFT is considered as an offer made by party who submit the tender to the party who file RFT for inviting the tender, and if party accepts the offer made by party who submit the tender then it is considered as valid contract made between two parties (Trescox Lawyers, n.d.). When party call for tenders it will be considered as invitation to treat, and submission of tender is considered as an offer made by party who submit the tender. There is no legal relationship exist between parties unless principal accepts the offer. Before acceptance bidder can withdraw or amend its offer made to the principal. Similarly principal also has chance to negotiate with the bidders after receiving tenders (Clendons, 2016). There are number of obligations in tender contracts, some of them are stated below: It is the duty of the principal that he consider the tender if tenderer submit the tender on time or before the time. It is the contractual right of tenderer that his tender must be considered by the principal once if he submits it on time. It is necessary that principal treat all the tenders fairly and equally, and this is also the implied duty of principal that he fulfills all the conditions of the tender. It is an obligation of principal that he treats all the bidders in equal terms and fairly. It is the right of principal that he rejects the non compliance bids made by bidder (MAV, 2008). Legal liability in tendering process- there are number of remedies available for tenderer which gives statutory effect in tendering process. There should be fair dealing in this process and equal treatment with all bidders. This process is most difficult and crucial to deal, and this is the process through which enterprise is able to select the best service provider on terms of cost, quality and capability. It is necessary that this process is conducted in professional manner, equal, and in honest way. Industry commission fined that tender process is the key to derive benefits of contracting process. Benefits derived from contracting services by client agency and communities are depending on the effectiveness and efficiency of tendering process. If tendering process is not designed properly then this will reduce the benefits of tendering process (Parliament of Australia, n.d.). In the present case, on 1st October Footloose Pty Ltd issue notice in Daily News newspaper for selling the shoes at special discount that is $2000 for hundred pairs, and for bulk orders big discounts are available. This notice is just an invitation to treat, and not an offer. On 2nd October Famous footwear offer for purchasing 500 pair of shoes for $2000 per hundred pairs, but no acceptance is conveyed by the Footloose Pty Ltd to Famous Footwear. Submission of tender on behalf of notice issued by Footloose Pty Ltd in newspaper is treated as offer. Therefore, in this case there is no contract because no acceptance is conveyed by the Footloose Pty Ltd to Famous footwear. On 4th October James Shoes send Fax to Ms. Simon in reply of notice issued by Footloose Pty Ltd in newspaper, and states that they wish to purchase 2000 pairs of shoes on $30000 including GST and delivery. On 6th October Ms. Simon replied that Footloose will sell 2000 pairs for $ 30000 excluding delivery. James immediately replied that he want to meet to discuss following terms, and want to know the earliest delivery date. On 10th October both parties conduct discussion on telephone and agreed that James shoes would take delivery of sandals from footloose on 1st November. In this case footloose accept the offer made by James shoes on behalf of notice issued by Footloose Pty Ltd, and footloose accept the offer of James shoes. Therefore, there is valid contract between parties and both parties have legal obligation for this contract. 3. Implied contract- implied contracts can be considered as legal substitute of contracts. An implied contract is not written or spoken contract either it is an agreement which is created from the actions of the parties. In this there is neither written record nor any agreement which is verbal in nature. Implied contract is an implied warranty which is provided by law. Implied contracts and terms are implied by common law and statute. Generally in common law terms are implied. For example: the common law implies a term which requires that parties must do such acts which are necessary to perform the contract (ACL, n.d.). Usually, it is advisable to the parties that agreement must be in writing to the extent it is possible, but there are number of occasions when agreement arise between parties even there is no writing or verbal agreement between parties or there is no offer and acceptance. There are many ways through which implied agreements are arise between parties such as: When both parties showed by their actions that contract is exist between them. When both the parties did not sign any contract but they start to deal with each other in such away as there is contract enforced between them. When there is history of dealing between the two parties, then it will be considered as implied agreement on the bases of dealings or mutual understanding between the parties (Australian Government; The Treasury, n.d.). Whether agreement is implied or not is based on the circumstances. There are two types of implied contract that is implied in fact and implied in law. A contract which is implied by fact is that contract in which the circumstances implied that agreement is conducted between the parties even though there is no express agreement between the parties. For example, when patient goes to the doctor for treatment then there is implied agreement between doctor and patient that patient pay a fair price for the service, and if patient refuses to pay fees then this will be considered as breach of contract by patient. For a contract to be implied it is necessary that it must be: It is reasonable and equitable. It is necessary that contract must be efficient for the business. Contract must be so obvious that it enforced without saying. Contract must be efficient. It is necessary that expression of parties is clear (Wang, Briers, Reinecke, 2012). We can understand this with the help of case law that is Byrne v Australian Airlines Ltd (1995) 185 CLR 410. Contract implied by law is known as quasi contract but this contract is not in fact contract. In the present case, Richard Anderson is a talented chemist at Cube Laboratory Pty Ltd. His contract for 5 years is due to expire on 30th June. In last week of February he received offer of job from headhunters for the chief chemists position at a rival lab. If Richard accepts this job then he has to relocate his family interstate. On 1st March Richard approached warren, the chief chemist at Cube and said that he received good offer from headhunters but he would like to stay here, and for this warren replied Richard, you are an important part of this team. Youve played a big part in our recent success and were keen to keep that going. From this sentence Richard forms an impression that cube want to extend the contract for next five years, and he reject the offer from headhunters. On 25th June Warren said Richard that because of liquidity problem cube was retrenching large number of staff and forced to retrench Richard also. Later Richard find job in a university but at fraction of salary he was earning in previous job. In this warren makes an impression from his words that he extend the contract for next five years with Richard, and this impression forms implied contract between warren and Richard. Therefore in this Richard can claim damages from cube because of this impression he reject the offer of headhunters also, and forced to work in university at lower salary. References: ACL. Agreement. Retrieved on 6th December 2016 from: https://www.australiancontractlaw.com/law/formation-agreement.html#acceptance. ACL. Formation. Retrieved on 6th December 2016 from: https://www.australiancontractlaw.com/law/formation.html. ACL. Terms of a contract. Retrieved on 6th December 2016 from: https://www.australiancontractlaw.com/law/scope-terms.html#implied. Australian Government; The Treasury. How is an agreement made by implication. Retrieved on 6th December 2016 from: https://www.treasury.gov.au/Policy-Topics/Business/Small-Business/Legal-Topics/Contracts/Agreement-making/Implication. Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983). Byrne v Australian Airlines Ltd (1995) 185 CLR 410. Clendson, (2016). Law of Tendering. Retrieved on 6th December 2016 from: https://www.clendons.co.nz/resources/background-papers/law-tendering/. Doyles, (2005). Hughes Aircraft Systems International v Air services Australia (1997). Retrieved on 6th December 2016 from: https://www.mosaicprojects.com.au/casewatch/1064%20Hughes%20v%20Air%20Services.pdf. Hayford, O. (2006). Recent developments in tender process contracts. Retrieved on 6th December 2016 from: https://www.claytonutz.com/knowledge/2006/may/recent-developments-in-tender-process-contracts. Hughes Aircraft Systems International v Air services Australia (1997) 146 ALR 1. Mallesons, W. king (2003). From concept to completion: when is a request for tender actually a contract. Retrieved on 6th December 2016 from: https://www.lexology.com/library/detail.aspx?g=1d499d4a-5fc2-4f09-a705-c0d8c7cfc2f1. MAV, (2008). BEST PRACTICE GUIDE FOR TENDERING AND CONTRACT ANAGEMENT. Retrieved on 6th December 2016 from: file:///C:/Users/Guest/Downloads/VCCI-Best-Practice-Guide-for-Tendering-and-Contract-Management.pdf. Parliament of Australia. The tendering process. Retrieved on 6th December 2016 from: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Finance_and_Public_Administration/Completed_inquiries/1996-99/contracting/report/c02. Pratt Contractors Ltd v Palmerston North City Council. PWC, (2016). Legal risk in the tender process. Retrieved on 6th December 2016 from: https://www.pwc.com.au/legal/assets/investing-in-infrastructure/iif-35-legal-risk-tender-process-feb16-3.pdf. Trescox Lawyers. Law surrounding the tender process. Retrieved on 6th December 2016 from: https://www.tresscox.com.au/page/our-news/newsletter/law-surrounding-the-tender-process/. Wang, S. Briers, D. Reinecke, I. (2012). Enforcing promises by implying terms in commercial contracts. Retrieved on 6th December 2016 from: https://www.claytonutz.com/knowledge/2012/december/enforcing-promises-by-implying-terms-in-commercial-contracts.