Incremental profit Essay Example for Free

Incremental profit Essay Distinguish between the following: a) Industry demand and Firm (Company) demand, b) Short-run demand and Long run demand, and c) Durable goods’ demand and Non-durable goods demand. 2 . What are the problems faced in determining the demand for a durable good? Illustrate with example of demand for households refrigerator or television set. 3 . Analyze the method by which a firm can allocate the given advertising budget between different media of advertisement. 4 . What kind of relationship would you postulate between short-run and long-run average cost curves when these are not U-shaped as suggested by the modern theories? 5 . How do demand forecasting methods for new products vary from those for established products? 6 . What are the different methods of measuring national income? Which methods have been followed in India? 7 . What do you understand by the investment multiplier? In what way does it defend the policy of public works on the part of the state during business depression? 8 . Discuss the various phases of business cycle: a. Are cyclical fluctuations necessary for economic growth? b. Suggest appropriate fiscal and monetary policies for depression Assignment B: all Case Study Electron Control, Inc., sells voltage regulators to other manufacturers, who then customize and distribute the products to quality assurance labs for their sensitive test equipment. The yearly volume of output is 15,000 units. The selling price and cost per unit are shown below:Â  Selling price $200 Costs: Direct material $35 Direct labor 50 Variable overhead 25 Variable selling expenses 25 Fixed selling expenses 15 150 Unit profit before tax $ 50 Management is evaluating the alternative of performing the necessary customizing to allow Electron Control to sell its output directly to Q/A labs for $275 per unit. Although no added investment is required in productive facilities, additional processing costs are estimated as: Direct labor $25 per unit Variable overhead $15 per unit Variable selling expenses $10 per unit Fixed selling expenses $100,000 per year Calculate the incremental profit Electron Control would earn by customizing its instruments and marketing directly to end users.

Team Performance And Strategic Objectives

Team Performance And Strategic Objectives Team performance working involves the development of a number of interrelated processes that together make an impact on the performance of the firm through its people in such areas as productivity, quality, and levels of customer service, growth, profits, and ultimately the delivery of increased shareholder value. This is achieved by enhancing the skills and engaging the enthusiasm of employees. The starting point is leadership, vision and benchmarking to create a sense of momentum and direction. Team Performance Management is focused directly on the achievement of the teams key business objectives. It bridges the gap between the team building enablers and business performance results. It removes the reliance on faith the need to believe that team building works before investing in it and establishes a direct connection between collective behaviors and team performance. Team Performance Management is predicated on the following three principles: Team Behaviors are different to Individual Behaviors. Most competency frameworks include teamwork, but these usually refer to what an individual does within a team, not what a team does collectively together. E.g. whilst all the individuals in a team can behave in trustworthy ways, this does not guarantee that the team will build trust together this is also dependent on other factors such as the environment they work in, or the team processes they use for communicating, deciding, rewarding, etc.. The behaviors that make a team successful vary from team to team and from time to time. E.g. the profile of behaviors that makes a design team successful is different from the profile that makes a financial audit team successful. And if the design team is using a top-down approach, for optimal performance, it needs to change its behaviors once it gets beyond the outline design and starts work on the detailed implementation of the ideas. Team behaviors can be changed using a team performance management process. In essence, performance management involves establishing behavioral goals, measuring current behaviors to identify the gap between the current and desired behavior profile, and then planning, implementing and monitoring changes in order to close that gap. There are both similarities and significant differences between performance management processes for individuals and teams. The key difference between traditional team building and team performance management is that the former engages in activities in the belief that they will indirectly lead to improvements in team performance (sometimes they do, sometimes they dont). Team Performance Management, however, identifies the team behaviors that will lead directly to business success, and then uses a process to change the behaviors accordingly. Evaluate tools and techniques available to set team performance targets Most performance measures can be grouped into one of the following six general categories. However, certain organizations may develop their own categories as appropriate depending on the organizations mission: Effectiveness: A process characteristic indicating the degree to which the process output (work product) conforms to requirements.(Are we doing the right things?) Efficiency: A process characteristic indicating the degree to which the process produces the required output at minimum resource cost. (Are we doing things right?) Quality: The degree to which a product or service meets customer requirements and expectations. Timeliness: Measures whether a unit of work was done correctly and on time. Criteria must be established to define what constitutes timeliness for a given unit of work. The criterion is usually based on customer requirements. Productivity: The value added by the process divided by the value of the labor and capital consumed. Safety: Measures the overall health of the organization and the working environment of its employees. The following reflect the attributes of an ideal unit of measure:  ·Ã¢â€š ¬Ã‚  Ã¢â€š ¬Ã‚  Reflects the customers needs as well as our own  ·Ã¢â€š ¬Ã‚  Ã¢â€š ¬Ã‚  Provides an agreed upon basis for decision making  ·Ã¢â€š ¬Ã‚  Ã¢â€š ¬Ã‚  Is understandable  ·Ã¢â€š ¬Ã‚  Ã¢â€š ¬Ã‚  Applies broadly  ·Ã¢â€š ¬Ã‚  Ã¢â€š ¬Ã‚  May be interpreted uniformly  ·Ã¢â€š ¬Ã‚  Ã¢â€š ¬Ã‚  Is compatible with existing sensors (a way to measure it exists)  ·Ã¢â€š ¬Ã‚  Ã¢â€š ¬Ã‚  Is precise in interpreting the results  ·Ã¢â€š ¬Ã‚  Ã¢â€š ¬Ã‚  Is economical to apply Performance data must support the mission assignment(s) from the highest organizational level downward to the performance level. Therefore, the measurements that are used must reflect the assigned work at that level. Within a system, units of measure should interconnect to form a pyramid. Technological units start at the base. These are measures of individual units of products and of individual elements of service. 1.2.1. Performance Evaluations: Performance evaluation is a very important activity which will be initiated to evaluate and appraise the performance of every employee in the organization. This process can be done twice a year and few companies do the same process for every quarter. Majorly, employee performance can be evaluated based on 5 categories; those are Productivity, quality, communication skills, interpersonal skills, professional behavior initiative. Promotions and performance rewards for an employee is decided based on this criteria only. Productivity is nothing but the quantity of work items or assigned work performed by an employee. On a daily base employee should be given a target or set of work and that should be completed by the end of the day. If employee couldnt achieve the target in a particular day, can compensate the balance work in subsequent working days. Quality means the accuracy levels of work which an employee has performed. This processed data will be randomly reviewed or audited by senior associates in the company. If all the work items which were reviewed are perfect and accurate then, the employee quality of work is 100 %, in case any error found, quality decreases. Hence need to maintain consistency in quality. Communication skills also play an important role in performance appraisals. It includes written and oral communication skills. If employee cannot communicate in a proper way, he or she cannot elevate themselves in work and share their views, suggestions in terms of development and growth of the process. Hence always concentrate on improving communication skills. Interpersonal skills professional behavior are nothing but your way of approach and behavior with fellow team members and superiors. Always need to maintain a cool environment within the team, should not be any ego feelings in learning and always solve any personal issues in a professional way in the presence of supervisor. Growth of project or process, always try to share the ideas with supervisor to implement and if employee has any thought due to which manual working hours may reduce and helpful for the process then such things must share with the supervisor so that in performance evaluation employee can gain a very good rating. 1.2.2 . Feedback: Feedback is such an important communication skill. Openness, honesty, candor, trust all of these are hallmarks of high performance teams and organizations. Good feedback skills are essential to any team relationship. Feedback is important because: It prevents small issues from festering into unmanageable problems. It builds trust in relationships. It promotes personal and professional growth. It acknowledges individual and team accomplishments. It clears up misunderstandings. It is a way to acknowledge and recognize team members skills and contributions. As a result, effective team feedback makes life at work a great deal easier and more rewarding. There are two types of feedback Positive feedback and feedback for improvement (sometimes called negative feedback). Positive Feedback Positive feedback is information about what someone did well. Theres a very simple approach you can use when giving positive feedback. Describe what the team member actually did or said, and Why this statement or action was effective. Feedback for Improvement Feedback for improvement is given about situations which did not go well, or which could have been better. In this case, its important to tell the team member specifically what could have been said or done differently, and why that would have been more effective. 1.2.3. Development Planning: Development Planning is broadly defined as the planning of any organized endeavor that aims at promoting development. It encompasses a wide range of thrusts in economic, social and institutional fields at various societal levels, from the local to the international and usually emphasis the relation between societal spheres and units. It addresses the values, objectives, resources, organizational ability and a range of variables of environment of the development organizational its pursuit. The main concerns of development planning may be expressed by the concept of strategy and derivatives of that concept. The term strategy has wide application and is used with numerous shades of meaning. Assess the value of team performance tools to measure future team performance A team needs to know how its results will help the organization. Individuals on the team need to know what the team requires of them to reach the teams goal. The seven-step processes for measuring team performance are Terminology Seven-Step Process Measurement Points Terminology the terms performance standards, goals, and objectives interchangeably and sees them as descriptions of some future, desirable state that the team is trying to achieve. As depicted below, performance below the standard is considered unacceptable, and performance exceeding the standard is considered exceptional. Seven-Step Process. Review existing organizational measures. Ensure that the measures above and around the team are known and linked to the teams measures. Define whats going to be measured. Selecting the best alternatives and using them to identify the teams key accomplishments provide the basis for all further measurement. Identify individual team member accomplishments that support the team. Identify the results each team member must produce to support the teams results or work processes. Weight the accomplishments. Discuss and agree upon the relative importance of each accomplishment. Develop team and individual performance measures. Identify the measurement (either numeric or descriptive) that will be used to gauge how well the results have been achieved. Develop team and individual performance standards. Define how well the team and individuals have to perform to meet expectations. Decide how to track performance. Identify how the data for each performance standard will be collected and fed back to team members Measurement Points. Elaborating on step two of his seven-step process, Zigong describes four ways to identify what should be measured. These methods can be used singly or in combination: If the team exists to satisfy the requirements of its customers, the measurement point(s) should be the product or service the team provides to the customer. If the team exists to help the organization make an improvement in a specific measurable goal, the measurement points should be determined by asking, What value-added results does the team produce that can help the organization achieve its goal? If the team exists to support the organizations function, the measurement point(s) are determined by identifying the hierarchy of results that the organization must produce and selecting those that link the team to the organizations results. If the team is used to support a work process, the measurement points are found by mapping the process and using the map to identify whats worth measuring. 2.1 Analyse how to determine required performance targets within teams against current performance Performance measurement is primarily managing outcome, and one of its main purposes is to reduce or eliminate overall variation in the work product or process. The goal is to arrive at sound decisions about actions affecting the product or process and its output. Performance measures quantitatively tell us something important about our products, services, and the processes that produce them. They are a tool to help us understand, manage, and improve what our organizations do. Performance measures let us know: how well we are doing â‚ ¬Ã‚  if we are meeting our goals â‚ ¬Ã‚  if our customers are satisfied â‚ ¬Ã‚  if our processes are in statistical control â‚ ¬Ã‚  if and where improvements are necessary. They provide us with the information necessary to make intelligent decisions about what we do. A performance measure is composed of a number and a unit of measure. The number gives us a magnitude (how much) and the unit gives the number a meaning (what). Performance measures are always tied to a goal or an objective (the target). Performance measures can be represented by single dimensional units like hours, meters, nanoseconds, dollars, number of reports, number of errors, number of CPR-certified employees, length of time to design hardware, etc. They can show the variation in a process or deviation from design specifications. Single-dimensional units of measure usually represent very basic and fundamental measures of some process or product. 2.1.1 Know what it looks like It will be impossible to know when youre achieving high performance if you dont know what it looks like. From an organisational perspective, high performance means not only running a financially sound business, adhering to essential policies and ensuring regulatory demands are observed, but also understanding the capability of your workforce to deliver high performance. All too often, concerns about what they might find and the time it may take prompt organisations to adopt the three wise monkeys strategy dont see, dont hear, dont speak with the result that low performance goes unchecked for years until it is too late and competitors have overtaken you. Too often, individual high performance is defined as simply getting the job done in the short term rather than looking to the long term and focusing on behaviors. 2.1.2 Make a commitment Strong and active commitment from leaders and managers, and the pursuit of continuous learning throughout the organisation, are crucial to building a well-defined high-performance culture. Commitment means not leaving it to fate, but truly understanding what high performance looks like, trusting different approaches and working with all stakeholders, including the human resource 2.1.3 Define your starting point Knowing where your organisation currently stands will make it much easier to create a vision for the future and to secure buy-in. One of the most effective strategies is to define explicitly what creates high performance in your organisation. Ensure that these behaviors are distinct, while being comprehensive enough to cover different levels of the organisation. Include areas such as how people collect and make sense of information and how they influence and build confidence in stakeholders. 2.1.4 Put a stake in the ground Once you have agreed what the behavioral high performance indicators look like, it is essential to observe and measure them. The best way to capture current performance is through objective observation, such as work shadowing, behavioural event interviews and subjective feedback via online and facilitated 360-degree analysis. This should clearly distinguish between behavior that: à ¢Ã¢â€š ¬Ã‚ ¢ impedes performance à ¢Ã¢â€š ¬Ã‚ ¢ helps to do the task in hand à ¢Ã¢â€š ¬Ã‚ ¢ makes a sustainable and long-term positive contribution à ¢Ã¢â€š ¬Ã‚ ¢ promotes beneficial and long-term behavioral change in teams and divisions. 2.2 Discuss the need to encourage individual commitment to team performance in achievement of organisational goals The definition of the group dynamics is the social process by which people interact face-to-face in small groups. The group controlled through leadership rather than force, ensured discipline through internal pressure, pooled thinking, respected the individual, and allowed all its members to participate in deciding on things that directly affected them in their work. Teamwork is much more important than the sum of the individual part since a nominal engineering team can succeed under a well-managed project. The success of a software project relies very much on a good management and control system which allows the development to satisfy the project objectives Team process skills are- (a) communication, (b) leadership, (c) goal setting, (d) cross training, (e) problem solving/decision making, (f) conflict resolution are the essential elements for successful teamwork. Team members and leaders must play their roles if they are to be high-performing. The roles of a team leader as follows: Coordinate the activities of the team (tracking progress, scheduling work). Motivate the team. Ensure the team communicates effectively. Interface with supervisor; arrange meetings with client when necessary. Set agendas for meetings Help to set the team goals (project goals, task allocations). Help the team move towards these goals. Accomplish tasks given to them. Meet deadlines. Attend team meetings. Contribute to developing a productive atmosphere within the team 2.3 Relate the application of delegation, mentoring and coaching to the achievement of the organisational objectives A mentoring relationship is usually where one wiser and more experienced person assists another person to grow and learn. It is not a new management technique. Since humans have lived in social groups we have learnt our norms, values and behaviours by the example and coaching of others. The business world has adopted the tradition of an older and wiser person fostering the growth and development of the younger generation. This has sometimes resulted in perpetuation of old ways at the expense of diversity and development. However, new adaptations of mentoring allowing individuals to interact as colleagues in a helping relationship, on a more equal basis, can cultivate growth and learning to mutual benefit. Experience, skills and a genuine desire to help are more valuable assets in a mentoring relationship than age or position. Open and assertive communication and the trust of both parties are essential. Both partners in the mentoring relationship benefit. Learning must be a lifelong process and one of the most effective ways to learn is to assist in the development of others. The best teachers learn much from their students, counselors constantly learn from clients and partners in any successful relationship grow and develop along the way. Coaching is suitable for the successful achievement of many different objectives in working life. What is essential is the importance of the objectives for both the person being coached and the organisation. Motivation from the person to be coached is required for the coaching process to be successful, and without organisational objectives coaching will not result in real success at work. The main focus of coaching is on the development of managerial work and leadership competence, and on the coaching of key persons. Persons on different organisational levels have different objectives, but some challenges are shared by all. 2.4 Evaluate a team performance plan to meet organisational objectives Although there is no guaranteed how-to recipe for building team performance, we observed a number of approaches shared by many successful teams. Establish urgency, demanding performance standards, and direction. All team members need to believe the team has urgent and worthwhile purposes, and they want to know what the expectations are. Indeed, the more urgent and meaningful the rationale, the more likely it is that the team will live up to its performance potential, as was the case for a customer-service team that was told that further growth for the entire company would be impossible without major improvements in that area. Teams work best in a compelling context. That is why companies with strong performance ethics usually form teams readily. Select members for skill and skill potential, not personality. No team succeeds without all the skills needed to meet its purpose and performance goals. Yet most teams figure out the skills they will need after they are formed. The wise manager will choose people for their existing skills and their potential to improve existing skills and learn new ones. Pay particular attention to first meetings and actions. Initial impressions always mean a great deal. When potential teams first gather, everyone monitors the signals given by others to confirm, suspend, or dispel assumptions and concerns. They pay particular attention to those in authority: the team leader and any executives who set up, oversee, or otherwise influence the team. And, as always, what such leaders do is more Important than what they say. If a senior executive leaves the team kickoff to take a phone call ten minutes after the Session has begun and he never returns, people get the message. Set some clear rules of behavior. All effective teams develop rules of conduct at the outset to help them achieve their purpose and performance goals. The most critical initial rules pertain to attendance (for example, no interruptions to take phone calls), discussion (no sacred cows), confidentiality (the only things to leave this room are what we agree on), analytic approach (facts are friendly), end-product orientation (everyone gets assignments and does them), constructive confrontation (no finger pointing), and, often the most important, contributions (everyone does real work). Set and seize upon a few immediate performance oriented tasks and goals. Most effective teams trace their advancement to key performance-oriented events. Such events can be set in motion by immediately establishing a few challenging goals that can be reached early on. There is no such thing as a real team without performance results, so the sooner such results occur, the sooner the team congeals. Challenge the group regularly with fresh facts and information. New information causes a team to redefine and enrich its understanding of the performance challenge, thereby helping the team shape a common purpose, set clearer goals, and improve its common approach. A plant quality improvement team knew the cost of poor quality was high, but it wasnt until they researched the different types of defects and put a price tag on each one that they knew where to go next. Conversely, teams err when they assume that all the information needed exists in the collective experience and knowledge of their members. Spend lots of time together. Common sense tells us that team members must spend a lot of time together, scheduled and unscheduled, especially in the beginning. Indeed, creative insights as well as personal bonding require impromptu and casual interactions just as much as analyzing spreadsheets and interviewing customers. Busy executives and managers too often intentionally minimize the time they spend together. The successful teams weve observed all gave themselves the time to learn to be a team. This time need not always be spent together physically; electronic, fax, and phone time can also count as time spent together. Exploit the power of positive feedback, recognition, and reward. Positive reinforcement works as well in a team context as elsewhere. Citing outgo!d stars helps shape new behaviors critical to team performance. If people in the group, for example, are alert to a shy persons initial efforts to speak up and contribute, they can give the honest positive reinforcement that encourages continued contributions. There are many ways to recognize and reward team performance beyond direct compensation, from having a senior executive speak directly to the team about the urgency of its mission to using awards to recognize contributions. Ultimately, however, the satisfaction shared by a team in its own performance becomes the most cherished reward. Initial performance plan Understanding and subsequently discussing a teams performance is central to managing team performance. To work effectively, teams must regularly and objectively review their teamwork. In addition to concentrating on their short-term outputs, team members must examine work processes to ensure that the team is working creatively, that the team is effectively promoting itself to others, and so on. Too often in managing team performance the team review focuses on subjective individual evaluation, as opposed to an objective team assessment. Performance improvement plan A Team Performance Plan is a detailed plan used to: Identify the desired performance levels of the team Identify how these performance levels will be achieved Provide guidance and direction to the team Measure progress towards the desired performance levels Although there are no strict rules as to the format of a Team Performance Plan they normally contain the following information: Specific goals for team development Performance measures Actions required to achieve goals An indication of how long goals will take to achieve The Team Performance Plan should align with the organisations overall objectives. This can be achieved by: 1. Aligning the Team Performance Plan with the Team Purpose 2. Aligning the Team Purpose with the organisations objectives Team Performance Plans might include the following types of goals: Key Performance Indicators (KPIs) Goals to improve team competency Team building goals Collate the information regarding poor performance Performance = Ability x Motivation Where: Ability is the persons aptitude, as well as the training and resources supplied by the organization Motivation is the product of desire and commitment Someone with 100% motivation and 75% ability can often achieve above-average performance. But a worker with only 25% ability wont be able to achieve the type of performance you expect, regardless of his or her level of motivation. Incorrect diagnoses can lead to lots of problems later on. If you believe an employee is not making enough of an effort, youll likely put increased pressure on him or her to perform. But if the real issue is ability, then increased pressure may only make the problem worse. Low ability may be associated with the following: Over-difficult tasks. Low individual aptitude, skill, and knowledge. Evidence of strong effort, despite poor performance. Lack of improvement over time. People with low ability may have been poorly matched with jobs in the first place. They may have been promoted to a position thats too demanding for them. Or maybe they no longer have the support that previously helped them to perform well. Meet with the relevant team member(s) and discuss the issues Creating a Performance Improvement Plan So how do you do this in practice? This is where you need to develop a Performance Improvement Plan. Armed with the strategies weve looked at, you first need to evaluate the performance issue that youre facing: Have you discussed with the person what he or she feels the problem is? Have you evaluated your organizations motivation system? Are you doing everything you can to recognize and reward peoples contributions? Are you rewarding the things that you actually want done? Do you have regular goal setting and development meetings with members of your team? Do you help your people keep their skills current? From there, its important that you and the employee discuss and agree upon a plan for improving performance. Write down what youve agreed, along with dates by which goals should be achieved. Then monitor progress with the team member, and use the techniques weve discussed above for increasing motivation and dealing with ability-related issues. Recognize that the actions needed to close ability gaps need high motivation on the employees part to be successful. The two causes of poor performance lack of ability and low motivation are inextricably intertwined, and goal setting, feedback, and a supportive work environment are necessary conditions for improving both. Develop a Performance Improvement Plan Successfully managing team performance starts by identifying where the team is performing well and where it needs further development. The Team Performance Profile Questionnaire and associated analysis gives team members an objective assessment of how the team is doing. It provides opportunities to compare the various viewpoints of team members and outsiders and relate them to the team vision and purpose. The common language ensures that everyone is focusing on the critical team performance factors and the measured gaps can then be translated into action plans for improved performance. It is the diagnosis of the problems that is essential. Once we know what is wrong, it is usually easy to fix it! Tuckman (1965) presented the four stages of teamwork which are now widely used by work teams throughout the world to assess their progress. The model describes the stages as follows: Tuckmans Stages of Teamwork Model Once teams are formed, they go through an unpleasant storming stage before ground rules and norms are established. Eventually the performing stage is reached. In the 1980s it was acceptable to take maybe six months or so to reach the performing stage. However, in the 90s, such is the speed of change and the intensity of competition that some teams have to get to good performance levels in six weeks or even six days! Follow up Ensure that you monitor, follow up and evaluate the performance improvement as set out in the plan. A Performance Improvement Plan should clearly convey: The area of performance that requires improvement or development The action(s) to be taken Any parties required to assist in the achievement of the set actions The timeframe for achieving each action 3.1 Assess the process for monitoring team performance and initiate changes where necessary Sometimes poor performance has its roots in low motivation. When this is the case, you need to work closely with the employee to create a motivating environment in which to work. There are thre

Features of a CIF contract

Features of a CIF contract The central feature of a CIF contract is that it is a shipment contract. This fact explains virtually every contractual and legal feature of the contract. Even if the CIF contract was the only standard form of shipping contract, which it is not, it would be very difficult to agree with the above statement; the contractual and legal features of this contract are explained by its title rather than its industry application. The acronym C.I.F. stands for cost, insurance, freight and represents those features which are included in the cost-price of the goods to be purchased[1]. ‘Cost’ simply pertains to the actual cost of the goods being purchased, ‘insurance’ quite literally means that the goods will be protected by an insurance policy during their transit and ‘freight’ refers to the cost of shipping the goods by carrier to the final delivery point. The best way to explain and understand the contractual and legal features of the C.I.F. contract is by way of an example. Consider the following: A. Ltd. [based in Ireland] offers to sell to B. Ltd. [based in England] 10,000 Kilograms of King Edward potatoes [A-grade quality] for  £2000 C.I.F. Liverpool. B Ltd. accepts the offer in writing. A legally binding contract has thus been formed. Let us now examine every stage of the execution of this contract, with particular focus of the respective contractual duties of A. Ltd., the seller, and B. Ltd. the buyer. Clearly, the first duty of A. Ltd is to appropriate 10,000 Kilos of A-grade quality King Edward potatoes. It may be that A. Ltd. already has this quantity of potatoes stocked in one of its warehouses in Ireland. Alternatively, A. Ltd. may know of a carrier which is on its way to Liverpool carrying this quantity of potatoes on board, in which case, A. Ltd. might choose to purchase them from their current owner while they are afloat. Alternatively, A. Ltd. may have already dispatched a shipment of potatoes to Liverpool, in which case, it may simply choose to assign the appropriate quantity of potatoes to meet B. Ltd.’s order. In light of the fact that the contract stipulates both the quantity, namely 10,000 kilos, and the quality, namely A-grade quality King Edward variety potatoes, the seller is under a duty to ensure not only that the goods dispatched/purchased/assigned meet this description, but also that they will continue to meet this description on delivery; in the case of Mash Murrell Ltd. v. Joseph I. Emanuel Ltd. [1961][2] it was held that there is an implied term in all C.I.F. shipping contracts that, at the ‘time of shipment’, the goods are of a sufficient quality to survive normal transit. A. Ltd., having appropriated the 10,000 kilos of potatoes, must then arrange for these potatoes to be shipped to Liverpool, the destination stipulated in the contract, and it is A. Ltd.’s duty to pay for the cost of this shipment, i.e. the freight. In return for this shipment fee, the carrier must provide to A. Ltd. a valid[3] Bill of Lading. A Bill of Lading is a document which contains the terms of the contract of carriage, as well as a statement that the goods have actually been shipped[4]. Essentially this document serves at the title of ownership, i.e. whoever possesses this document is entitled to take possession of the goods. In the case of Hansson v. Hamel Horley [1922] A.C. 36, the House of Lords held that once the seller has transferred the Bill of Lading to the buyer, conferred on they buyer are two distinct rights; â€Å"(a) a right to receive the goods[5], and (b) a right against the shipowner, who carries the goods, should the goods be damaged or not delivered. †¦ Regarding the former right, it therefore follows that this document be freely transferable [Soproma SpA v Marine Animal By-Products Corp. [1966] 1 Lloyds Rep. 367]. Regarding the latter right, it therefore follows that the Bill of Lading, when pr ocured by the seller, in our example A. Ltd., must be an accurate reflection of the state of affairs at the time of shipment. This principle was confirmed by the Court of Appeal in the case of The Galatia [1980] 1 W.L.R. 495. In this case it was held that the Bill of Lading must include a factually accurate statement as to the quality and quantity of goods which have been shipped. Where any quality or quantity is listed as ‘unknown’ on the Bill of Lading, the Court has tended to infer a presumption that the presumed state of the goods is â€Å"not wildly at odds† with the quantity or quality in fact loaded[6]; be â€Å"not wildly at odds† with the quantity in fact loaded. Returning to our example: A. Ltd. has thus far appropriated the cargo of potatoes, has made/procured a contract of carriage, at his own cost, and has received a valid Bill of Lading from the carrier, as receipt of shipment. A. Ltd. must now, as part of his final contractual duties, secure an insurance policy, again at his own cost, to protect the potatoes from all ‘usual risks[7]’ which might occur during their transit from the point of shipment to delivery at the port of Liverpool[8]. It is also important that the type of insurance policy secured is fully transferable, i.e. assignable by endorsement under S. 50(3) of the Marine Insurance Act 1906[9]; after all, after the goods have been delivered to B. Ltd., this company may wish to transfer the goods to a third party, who may then need to rely on the insurance cover, should it later transpire that the potatoes were damaged during their voyage at sea. These documents having been obtained, A. Ltd.’s final contractual duty is to ensure that these documents are sent and delivered to B. Ltd. I good time, so that they will have them in their possession at the moment the carrier delivers the potatoes to Liverpool[10]. Having discussed the contractual duties of the seller under a C.I.F. contract, let us now turn to examine the contractual duties of the buyer, B. Ltd: The first thing to note is that the buyer does not buy the goods themselves, but rather buys the documents pertaining to the goods, namely the Bills of Lading and the Insurance policy. Thus the buyer, B. Ltd., is under a duty to accept these documents from A Ltd. and pay for them. This duty is not absolute; the buyer has a right to reject these documents if they indicate that the cargo has been shipped late (i.e. later than the shipping date stipulated by the contract). This was confirmed by the High Court in the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459. Likewise, the buyer has a right to reject improperly tendered documents: In the case of Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443, the High Court held that the buyer was within his right to reject the documents for they did not contain a valid insurance policy, but rather an insurance certificate. Interestingly, under this conception of the C.I.F. contract, the buyer has a duty to pay against the documents even if he has not yet had a chance to inspect the goods[11]. This principle was confirmed in the case of Biddell Bros v E Clemens Horst Co. [1911] 1 K.B. 214, and was reiterated in the case of Manbre Saccharine v. Corn Products [1919] 1 K.B. 198, in which it was held that the buyer must pay against the documents even where the goods are damaged upon arrival. Prima facie, this might seem somewhat unfair; after all, why should a buyer pay for goods which have arrived in a damaged condition. However, if one considers the mechanisms operating under the C.I.F. contract, in particular the seller’s duty to secure appropriate insurance documents, one can see that the interests of the buyer are still protected regardless of his duty to pay for the documents prior to inspection; if the goods are faulty, and the Bill of Lading states that the goods were shipped in good conditio n, then the insurance company will reimburse the purchaser for any[12] damage to the goods which was caused in transit. If the Bill of Lading indicated damage prior to shipment, then the Buyer can take out action against the seller to reclaim his monies. This does not mean that the buyer must necessarily accept the goods once hey have arrived however. Unless the terms of the contract stipulate that the buyer cannot reject the goods[13], they buyer is entitled to refuse to take possession of the goods if, at the moment of delivery[14], an inspection reveals that the goods are not of the quantity and/or quality which was contracted for, e.g. if only 5,000 Kilos of B-grade Desiree potatoes were in fact delivered by the chartered carrier to B. Ltd. The statutory remedy which is available in relation to this right is provided by s53(3) of the Sale of Goods Act 1979 (as amended), pertaining to an implied warranty over the quality of goods purchased. S53(3) of this Act states: â€Å"(3) I n the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty.† One final point regarding the duty of the buyer under a C.I.F. contract: it is the responsibility of the buyer to secure all the necessary import licences which are legally required for the product(s) in question. If any stage of the delivery is stalled as a result of the buyer’s failure to secure the necessary Custom permissions, then any resultant damage to the goods, e.g. from their having to stay on board the carrier for an extended period of time and thus perishing, will be deemed, at law, his fault. In conclusion, whilst we have not been able to examine every single contractual and legal feature of the C.I.F. shipping contract, the above provides a near comprehensive description of the workings of such a contract in the real world. The C.I.F. contract is a standard termed tool which has been designed and evolved to ensure that the interests of each party to a shipping contract are protected, and also that the practical difficulties which would otherwise be faced by importers and exporters are somewhat mitigated. In response to the statement offered at the top of this paper: I hope I have argued convincingly that this statement is absolutely incorrect. The fact that a C.I.F. contract is a shipping contract is merely a description of its specific industry application; this description does not explain any of the complex and multifarious contractual and legal features of such a commercial arrangement. Perhaps what the statement meant to express what the fact that most of the legal and contractual features of a shipping contract are explained by the fact that it is a C.I.F. contract; in that case, the statement would certainly be more correct, although event then, the complexities regarding the duties of rejection and the procurement of valid documents cannot be gleaned from this description alone. I would argue, in final conclusion, that one should not attempt to explain the workings of the C.I.F. contract in one sentence alone. Such an endeavour will only serve to omit certain vital informatio n and lead to a poor understanding of the contractual and legal features thereof. References/ Bibliography: Alastair C.L. Mullis. (1997). Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. John Adams ‘The Negligent Carrier: The Buyers Success’ The Modern Law Review, Vol. 45, No. 6 (Nov., 1982), pp. 690-693. Sassoon, David M., (2006). C.I.F. and F.O.B. contracts (London: Sweet Maxwell, 5th Ed. 2006) Footnotes [1] T. D. Bailey, Son Co. v. Ross T. Smyth Co., Ltd. (1940) 67 Ll. L. Rep. 147. [2] 1 W.L.R. 862 (QBD). [3] In the case of Arnhold Karberg Co v Blythe Green Jourdain Co [1916] 1 K.B. 495 the Court of Appeal confirmed, at 495, that under a C.I.F. contract, â€Å"the seller is obliged to tender documents representing contracts which are valid and effective at the time of tender.† [4] Diamond Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443. [5] On this point, Mullis (1997) p139 writes: â€Å"The c.i.f. contract is a type of sales contract where, although physical delivery is contemplated, the contract is performed by the delivery of documents† Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Alastair C.L. Mullis. Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. [6] As per Phillips J at 615: The Sirina [1988] 2 Lloyd’s Rep. 613. [7] Law Bonar, Ltd. v. British American Tobacco Company, Ltd. [1916] 2 K.B. 605. [8] In the case of Belgian Grain Produce Company, Ltd. v. Cox Co. (France), Ltd. (1919) 1 Ll. L. Rep. 546, it was held that the insurance policy must cover the goods for the continuous journey, i.e. from shipment to delivery. [9] The importance of assignability within the context of commercial C.I.F. contracts was discussed, at length, in Diamond Alkali Export Corp. v. Fl. Bourgeois [1921]. [10] After all, the Bill of Lading represents the title in the goods and so B. Ltd. will not be able to take possession of the potatoes without these documents to verify his ownership. [11] However the buyer does not, and indeed should not, accept the documents if they have been tendered incorrectly. A rule in regards to this point was most elegantly expressed by McCardie in his famous and oft quoted dicta from the case of Mandre Saccharine Co. Ltd. v Corn Products Co. Ltd [1919] 1 KB 198. He stated: â€Å"there may be cases in which the buyer must pay the full price for the delivery of the documents, though he can get nothing out of them, and though in any intelligible sense no property in the goods can ever pass to him – i.e., if the goods have been lost by a peril excepted by the bill of landing, and by peril not insured by the policy, the bill of landing and the policy yet being in the proper commercial form called for by the contract.† [12] This is strictly true; the insurance document will only cover the goods against all usual risks, and therefore, if the damage caused was due to an exception circumstance, there will be no form of financial redress for the buyer. If the exceptional circumstances were caused by the carrier, the buyer may sue this company in the tort of negligence or even in contract law [s2(1) Carriage of Goods by Sea Act, 1992 removes the normal rules of Privity to allow the ‘right to sue’ in such cases to be transferable]. [13] Shipton, Anderson Co. v. John Weston Co. (1922) 10 Ll. L. Rep. 762 [14] In the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459, the High Court held that this right arises the moment the goods are passed over the ships rail on delivery.

Volunteering: Contribution to the Community Essay -- Community Service

"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has." - Margaret Mead Volunteerism, in its conceptual form, includes the individual or collective efforts of willing individuals, known as volunteers, to act in ways which work toward the betterment of oneself, other individuals, communities, and/or society. This definition remains subjective in its ambiguity regarding the meaning of betterment, as well as in the sense that the means to bettering oneself may be in direct opposition to the means necessary to better another individual or society. Despite the subjectivity of this definition, this general description of volunteerism is necessary for communication within the same framework and reference in this discussion. In our Christian language, we may prefer to call volunteering, serving. Service moves from mere physical motions to human action (Wuthnow 1991: 45). Service incorporates all aspects of our humanity, instead of just the physical need at hand. Love, justice, compassion, action, presence, and understanding embody the cultural framework of Christian service, to which this human action refers. Service goes a step further than volunteering one's free afternoon to dish out food at a local soup kitchen; it sits down and eats with the homeless and shares in their experiences. The general volunteer trend in the United States is one in which an individual volunteers his/her time, services, or funds. As Newsweek's article "Powell's New War" demonstrates, most Americans perceive volunteering as: an act in which one must do something and nice gesture which has benefits. Though this observation is a generalization, rarely do Americans view voluntee... ...l as in the method to accomplish it. One connection however, is their similar quest for creating a framework of support in which persons can feel valued and needed. The idea of accompaniment reflects a similar notion of the mentoring relationship found in Powell's model of volunteerism. The difference, however is that mentors take on a parental role, while the goal of accompaniment is to stay away from any sign of paternalism. Works Cited Aaker, Jerry. Partners With The Poor, New York: Friendship Press, 1993. Alter, Jonathan. "Powell's New War." Newsweek 28 April 1997: 27­37. Chambers, Robert. Rural Development: Putting the Last First. New York: John Wiley & Sons, 1983. Ohrt, Wallace. Accidental Missionaries. Downers Grove, Illinois: InterVarsity Press, 1991. Wuthnow, Robert. Acts of Compassion. Princeton: Princeton University Press, 1991.

The Reader :: Literature Literary Text Papers

The Reader In the academic study of literature very little attention has been paid to the ordinary reader, the subjective individual who reads a particular text. David S. Miall and Don Kuiken, in their paper The form of reading: Empirical studies of literariness state, Almost no professional attention is being paid to the ordinary reader, who continues to read for the pleasure of understanding the world of the text rather than for the development of a deconstructive or historicist perspective. The concerns that an ordinary reader seems likely to have about a literary text, such as its style, its narrative structure, or the reader's relation to the author, the impact on the reader's understanding or feelings - such concerns now seem of little interest. In this paper I should like to study a few kinds of reader and the subjectivity of their responses to the objectivity found within literary texts, quoting some views found within reader-response criticism. Before I begin, I should like to consider what is meant by the term 'literary text', and what is meant by the objectivity of it. According to Terry Eagleton, [1] the definition of 'literary', as advanced by the Russian formalists, (who included in their ranks are Viktor Shklovsky, Roman Jakobson, Osip Brik, Yury Tynyanov, Boris Eichenbaum and Boris Tomashevsky), is the peculiar use of language. Literature is said to transform and intensify ordinary language, deviating from the everyday colloquial tongue. The literariness of the language spoken could be determined by the texture, rhythm and resonance of the words used. There is a kind of disproportion between the signifier and the signified, by virtue of the abstract excesses of the language, a language that flaunts itself and evokes rich imagery. Eagleton argues that what distinguishes the literary language from other forms of discourse is the way it 'deforms' ordinary languages in various ways. Under the pressure of literary devices, ordinary language is intensified, condensed, twisted, telescoped, drawn out and turned on its head. [1] According to Wolfgang Iser, [2] a literary work has two poles; the aesthetic and the artistic. The artistic pole is the author's text, and the aesthetic is the realisation accomplished by the reader. Hence the literary work cannot be considered as the actualisation of, or identical to, the text, but is situated somewhere between the two. Iser speaks of the text as a virtual character that cannot be reduced to the reality of text or to the subjectivity of the reader, and it derives its dynamism from that virtuality.

Recover from Drug Addiction: Process vs Event Essay

Picking up the broken pieces of a life filled with insanity and drug abuse, is no overnight task. I’m not just talking of the heroin addict in the 1960s. Recovery from addiction takes constant specialized care. Through intensive work, the addiction can be arrested. The process starts with the person admitting they have a problem. This is the first step to begin to recover. Most importantly, continued involvement with self- help groups is essential. These actions are only a beginning of a life- long journey. Pain medications prescribed by doctors is adding to a problem that already exists. Cares, Council on Addiction Recovery and Educational Services , is aware of the ongoing problem. Potent opiate based pills, derived from the poppy plant, are highly addicting. Hydrocodone, Oxycodone and Lora Tab all contain opiates. The three mentioned are more addicting, readily available than other street drugs (heroin, cocaine, marijuana, methafedimine or hallucigens. ) After listening to many of these addicts in the rooms of NA (Narcotics Anonymous) I’ve gained a better understanding of the extensive problem that exists. My drug of choices were Alcohol, marijuana, ocaine and hallucigens. The society we live in today has more of a variety of mood changing and mind altering chemicals. ( ecstasy, crack cocaine, angel dust, formaldehyde, etc. ) Our youth and our elderly are at risk of being controlled by the stereotypes of taking these highly toxic chemicals as treatment. There is a false sense of security being influenced so the pharmaceutical companies and their stock holders can get rich. Preservation of life has fallen short for greed, personal status and the attitude of irrational beliefs. The damage being done will take years for those so reliant on a pill to overcome. The average recovering addict is not only the old school heroin junkies but school teachers; teenagers, elderly, professionals, businessman and pillars of our communities. Most importantly this epidemic has affected religious sectors of our cities, towns and villages throughout the world. I don’t know how many times I’ve browsed through the newspaper or watched television and seen skits on priests, pastors and ministers caught in active addiction. Recovery is an ongoing process, we don’t graduate from treatment. The best known treatment for chemical dependency has been proven to work in the rooms of NA; through the 12 steps, the fellowship and service work. Some of us who have been guided by a greater consciousness by our groups are fortunate. Many addicts never find NA or shrug off the help when presented, as a result end up in jails, institutions, dereliction and death. NA is recovery in action, focusing on treating the disease of addiction. Those affiliated with NA; that have recovered from a hopeless state of mind nd body, have a singleness of purpose, to carry the message to addict who still suffers. Throughout all continents; many families, friends, relatives are uneducated, misinformed on how insidious this disease is and how true recovery works. Recovery is a journey not a 30 day rehab and you’re cured. Rehabs only give the addict time to dry out in a drug-free safe environment, keep drugs out of reach and some basic information on what action to take upon leaving. The real treatment begins with continued participation in a support group such as NA. The saying in NA is â€Å"you never have to be lone again†. The work within the 12 steps of NA is what treats the disease of addiction. Honesty, Acceptance, forgiveness, humility, and responsibility are the stepping stones to designing a new life. The new lifestyle you developed while working through the 12 steps and applying them in your life brings freedom from active addiction. Addicts will always have the disease of addiction, they say in NA â€Å"you can’t change a pickle back into a cucumber†. The action taken in the 12 steps creates new Attitudes. Whereas the addict obtains the skills and knowledge to become a productive member of ociety. All these facts can be found in the Basic Text of NA, and are the basis of recovery. The statements in the preceding paragraphs are facts based on experience. There is nothing more powerful than the experience of the predecessors in NA, other than god himself. As one addict helping another is without parallel, we do recover. NA as a whole is guided by a god consciousness . Unity between groups holds the program together. With the 12 Steps, the 12 Traditions at the center. The Traditions are the ties that bind us together, it is only through understanding and application they work. They are the principles that keep our fellowship alive and free. The guidelines written within the Traditions help the members of NA grow spiritually. Addiction is such a cunning enemy of life that we alone have lost the power to do anything about it, without help from each other it would be too much for us. Narcotics Anonymous has websites with information about meetings established in every country worldwide. Getting involved with service within the fellowship will give the addict tools to help stay clean as well as people skills to be productive in society. For many addicts addiction leads into isolation, so as not to be discovered or arrested. Service offers more than just a life without using drugs, it offers a new path to freedom and a sense of belonging. The positions that NA offers doesn’t stop at the group level, service continues into Area, Regional and World Service (Chairperson, Vice Chair, RCM, Literature, Treasurer, NA Hotline-Phone, Delegates and Alternates. ) The World Service board controls the printing of books, literature, key tags and many other services needed to keep NA functioning in a Productive anonymous manner. I know a few people in the area I live in who have been all over the world speaking at conventions which was paid for by World Services. They have experienced the unlimited growth that NA has to offer. They told me it was the most invigorating chance to carry the message of hope into another addict’s life. There are members I know that have 30 plus years in recovery that say there is always something new to learn. The journey in NA has no boundaries and is open to any man or woman who seeks it. Recovery from active addiction is a process not an event.

Internet Censorship Essay

ThÐ µ capacity of thÐ µ information supÐ µrhighway has Ð µxplodÐ µd in thÐ µ rÐ µcÐ µnt yÐ µars. It Ð µncompassÐ µs thÐ µ Ð µast and thÐ µ wÐ µst, thÐ µ land and thÐ µ sÐ µa, and anything our human mind could drÐ µam of. This is a good thing, right? With thÐ µ knowlÐ µdgÐ µ of thÐ µ world just on onÐ µÃ¢â‚¬â„¢s fingÐ µrtips, it must bÐ µ good, right? SurÐ µ, if it is usÐ µd thÐ µ right way. A saying goÐ µs likÐ µ this, â€Å"Too much of a good thing is bad. † It is truÐ µ. ThÐ µ IntÐ µrnÐ µt doÐ µs accommodatÐ µ a lot of information. In a way, it has too much information. The Internet contains certain information that we DON’T want minors to have access of. Some of these unwanted information might be pornography, gambling, and some sensitive issues like homosexuality. So what do we do about the stuff that we don’t minors to see? Do we just make some law and erase it from our precious Internet? No. First of all, this would be impossible to do because there is just too much unwanted information. Second of all, this would defeat the purpose of the Internet. In the article â€Å"The Online Cooperative Publishing Act,† it called the Internet â€Å"the manifestation of humankind’s quest for limitless two-way interaction with thought† (â€Å"Cooperative† internet). Since there is a vague line of what is appropriate and what isn’t, why should there be a straight-cut line of what things should be banned on the Internet. There should be a loose regulation on the content of the Internet that would encourage more interaction with this wonderful tool. Instead of the government dictating what minors should see, parents and teachers should be the ones stepping up and TEACHING minors what’s right and what’s wrong. To maximize the productivity of the Internet, there must be a balance of restriction and freedom. When that balance is reached, the Internet will fully flourish. â€Å"Why should we protect the Internet? Why should we protect all those pornographic websites? † you might ask. The Internet is a wonderful thing. Even the heads of our nation, the President and Vice President, believe that the Internet is a â€Å"powerful educational tool for our children† (â€Å"Family† internet). It should not be viewed as an evil thing. Its unique ability to link the world’s knowledge together fulfills any researcher’s dream. There is no more need to visit dozens of libraries to find everything one needs. Everything is at one’s fingertips. Without a doubt, little kids wouldn’t need the Internet to do research; they don’t have any research paper due. One mustn’t forget the Internet is not just for research academically. It could be used to research recreationally. One can research on topic of his interest. A teen male can research about cars. A mom can research on recipes. And a little kid can research on his favorite Disney character. Because of the Internet, a kid can do a lot more things kids before didn’t have the privilege of. A kid can know anything and everything around the world, and even out of this world, without leaving the comfort of his home. Anything, anything at all. If the Internet is censored, a large amount of these wonderful knowledge will not be accessible anymore. Although censorship does not mean a complete ban, there is no measure at the present that can effectively restrict access and still not block out good website. According to a study done by Electronic Privacy Information Center, the filtering programs block 95-99 percent of the material available on the Internet that might be of interest to young people (â€Å"Faulty† internet). I am not defending the protection of pornographic websites. Neither am I advocating an easier access to pornography. I just want to point out the fact that websites dedicated to pornography is only a very small percentage of the Internet. If we use the inefficient censorship products out there, we will miss out a lot of the goods that the Internet has to offer. The Supreme Court believes the same. When the Supreme Court struck down the Communication Decency Act in 1996, it found that â€Å"the interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship† (â€Å"Faulty† internet). So, should we sacrifice all the goods that the Internet could offer for those measly pornography websites? The Supreme Court shared the same vision for an uncensored Internet when it struck down the Communications Decency Act, a federal law that outlawed â€Å"indecent† communications online. In the ruling, it declared the Internet a free speech zone.