Friday, December 27, 2019

The Problem Definition Stage - 1317 Words

Question 1 a. â€Å"The problem definition stage is perhaps more critical in the research process than the problem solution stage. Discuss this statement. Answer: †¢ Finding the right solution to an incorrectly identified problem helps no one because the original concerns will still continue to exist. Hence, pinpointing where exactly the gap lies, for which a solution is needed, is critical. (5 marks) b. In your company’s management development program, there was a heated discussion between some people who claimed, â€Å"Theory is impractical and thus no good,† and others who claimed, â€Å"Good theory is the most practical approach to problems.† What position would you take and why? Answer †¢ The†¦show more content†¦dep. Var e. Introduce a moderating and an intervening variable in the framework, explaining how they moderate and intervene. Intervening variable = stress ecperience f. Develop three hypotheses Hypotheses 1 The more workload given, higher complexity of the test and higher level of ambiguity will reduce students’ performance. Hypotheses 2 The more workload given, higher complexity ofShow MoreRelatedMy Original Definition Of Social Media Essay1319 Words   |  6 Pagesoriginal definition for antisemitism was: antisemitism is the conscience or unconscious hatred of a Jew or Jews, because of certain characteristics that the hater believes the Jew or all Jews possess by being Jewish. However, one thing that my original definition does not hint towards the wide spectrum of behaviors that are antisemitic. This is an advantage that your definition has. Your definition mentions a spectrum form â€Å"mildest expressions to exterminatory activities.† Your definition goes onRead MoreA Comparative Analysis Of Peter Checkland And Brian Wilson1036 Words   |  5 Pagescontributed to the development of Soft Systems Methodology (SSM). Althou gh both systems thinkers began developing concepts of SSM around the same time, Checkland is considered the pioneer of SSM. Checkland’s SSM was designed for solving general social problems, while Wilson adopted the methodology for business management by developing enterprise model building. The underlying principle for Checkland’s SSM and Wilson’s SSM is that it allows users to structure their thoughts and align them to the real worldRead MoreStage 1: THE PROBLEM SITUATION: UNSTRUCTURED In this stage we will explicitly argue the impacts of700 Words   |  3 PagesStage 1: THE PROBLEM SITUATION: UNSTRUCTURED In this stage we will explicitly argue the impacts of global warming; it is significant to talk clearly on the subject of the mess, assemble and portrait the data of this situation which is loaded in both â€Å"quantitative or based on fact†, and â€Å"qualitative and subjective information† Stage 2: THE PROBLEM SITUATION: EXPRESSED In this situation the system practitioner see the situation reflecting his own practices and suppose that how the mess could be dealtRead MoreWhat Are The Two Interrelated Purposes Of Gifted Education? Essay849 Words   |  4 Pagesenthusiasm, humorous, playfulness, mysterious, curiosity etc†¦ 5. Explain the nature of the creative process: A sequence of stages through which one might proceed in solving a problem creatively. Or this can be a change in perception, seeing something in a different light. a. Creative dramatics: This is a unique classroom activity that stimulates divergent thinking, imagination, and problem solving. i. Inside-out: Children become a fish in a tank or zoo animals in cages. Others look in. 6. Summarize theRead MoreTeam Development Stages891 Words   |  4 Pages1.(a) The definition of team development stages are special challenges to a group of people to work together successfully by using each development stage. The team and the organization take action to develop each stage to support the team to be a success and accomplish the mission. (b) The example of each team development stage is Forming, Storming, Norming, Performing and Adjourning stages. The forming stage develops when the team members meet each other at the first meeting and share informationRead MoreProject Scope807 Words   |  4 PagesMarchewka Chapter 3, Question 25: â€Å"What is a project’s scope?† Project scope is the first step of the process definition process and it sets the stage for developing a project plan. According to Gray and Larson (2008) â€Å"project scope is a definition of the end result or mission of the project which primarily purpose is to define the deliverable to the end user and to focus project plans.† Scope refers to all the work and processes involved in the creation of the project. And provides a view ofRead MoreDiscrepancy Evaluation Model Of Pittsburgh, Pennsylvania Public Schools1609 Words   |  7 Pagesprocess, a set of problem-solving procedures that seek to identify weaknesses, according to selected standards, and to take corrective actions, with the final resort being the termination of the entire program. In his model, the process of evaluation involves moving through stages and content categories in such a way as to facilitate a comparison of program performance with standards (Marsh, 2001). In his model he identifies four specif ic developmental stages with a fifth, optional stage: 1) programRead MoreThe Theories of Health Promotion1775 Words   |  7 Pagesmedical costs in the United States, furthermore they account for 83% of all Medicaid costs and 96% of all Medicare costs. Rates of smoking, obesity and chronic diseases are significantly greater in the low-income populations eligible for Medicaid. Definition of Heath and Health Promotion According to Charles B. Corbin (Dimensions of Wellness, NDI) health and wellness may be defined as a multidimensional state of being describing the existence of positive health in an individual as exemplified byRead MoreThe Basic Concepts Of Algebra1238 Words   |  5 Pagesgraphic organization. The teaching vocabulary is very important when it comes to solving a problem in mathematics this is because a student must understand the content of the problem in order to solve. Not only knowing the content, but knowing the difference between the vocabulary. For example, knowing the difference between addition and subtraction. If a student does not know the different between both, the problem will be incorrect. A teacher must teach a student the vocabulary in their classroom. TheyRead MoreSystems Intervention Strategy1659 Words   |  7 Pagesbut, unlike soft systems methodology, it is relatively quantitative (rather than qualitative). The strategy has three stages: diagnosis, design and implementation, each subdivided into several steps (see Mayon-White 1993: 136). Diagnosis There is a zero stage of entry, at which point it is acknowledged that change is required, and that the process may be complex. The first stage of the actual process is description, understanding the basic systems under consideration and getting points of view

Thursday, December 19, 2019

Speech At Maharishi University Of Management And Bill Gates

A commencement speech is a speech given to graduating students to congratulate them on earning their degree and used to give them a few words of advice before they go. However, commencement speeches do not always have the same message. The speeches will vary between speakers and I will analyze two commencement speeches and show how different they can be from one another. These speeches are: Jim Carrey’s speech hosted at Maharishi University of Management and Bill Gates speech hosted at the University of Harvard. The differences analyzed between the speeches will be the general topic, how the topic is delivered, how the text appeals to values and emotions, how the topics are made credible, and the evidence behind the claims. Jim Carrey and Bill Gates were bred from different worlds. Carrey is a comedian, while Gates is an entrepreneur. Their backgrounds reflect on the topic of their commencement speeches. Carrey favored the relationship of love and fear, while also giving pract ical advice; while Gates related his experiences to try and convince people to try and change the world, through examples of turmoil. Overall, Carrey focuses on the realization that keeping people who are the closest to your heart is all that matters, while Gates says that helping people in need is the greatest thing you can do. Carrey’s point is proven when he mentions that making people enjoy life as much as his dad did has always been his greatest goal; while Gates topic is proven when he tells theShow MoreRelatedSpeech At Maharishi University Of Management And Bill Gates1273 Words   |  6 Pagescommencement speech is a speech given to graduating students to congratulate them on earning their degree and used to give them a few words of advice before they go. However, commencement speeches do not always have the same message. The speeches will vary between speakers and I will analyze two commencement speeches and show how different they can be from one another. These spee ches are: Jim Carrey’s speech hosted at Maharishi University of Management and Bill Gates speech hosted at the University of HarvardRead MoreDeveloping Management Skills404131 Words   |  1617 Pagesfor courses in Principles of Management, Human Resources, Strategy, and Organizational Behavior that helps you actively study and prepare material for class. Chapter-by-chapter activities, including built-in pretests and posttests, focus on what you need to learn and to review in order to succeed. Visit www.mymanagementlab.com to learn more. DEVELOPING MANAGEMENT SKILLS EIGHTH EDITION David A. Whetten BRIGHAM YOUNG UNIVERSITY Kim S. Cameron UNIVERSITY OF MICHIGAN Prentice Hall Speech At Maharishi University Of Management And Bill Gates A commencement speech is a speech given to graduating students to congratulate them on earning their degree and used to give them a few words of advice before they go. However, commencement speeches do not always have the same message. The speeches will vary between speakers and I will analyze two commencement speeches and show how different they can be from one another. These speeches are: Jim Carrey’s speech hosted at Maharishi University of Management and Bill Gates speech hosted at the University of Harvard. The differences analyzed between the speeches will be the general topic, how the topic is delivered, how the text appeals to values and emotions, how the topics are made credible, and the evidence behind the claims. Jim Carrey and†¦show more content†¦Carrey is humorous on his approach and his delivery keeps people on the edge of their seats as they await what he has to say next. In contrast, Gates is focused on a very serious approach to his speech, showing h eart wrenching examples to sell his point. Carrey had the audience laughing the entire speech with jokes in reference to flashing breasts for Mardi Gras, and gags famous in his old skits. However, the delivery from Gates was on the other end of the spectrum. He used examples of hardship and statistics to cause sorrow towards people who are less fortunate causing guilt in the crowd for not doing more. Both speakers utilize expected characteristics in their speeches, as Gates and Carrey are from different background, both use a contrasting style of delivery to the audience. Value and emotion are key parts to any speech and how they are delivered is what sells the speaker’s topic. Both Gates and Carrey understand this and use different techniques to create different emotion and value within the audience. Carrey’s speech mostly caused laughter and connectedness toward the audience, while Gates’ speech affected thought-provoking and sorrow from the graduates, as prev iously stated. The emotion of both speakers, although different, help reflect value from the graduates to their respective points, as different emotions will perceive different ideals and thoughts from the graduates. The point being that Carrey will create a warming tone as opposed toShow MoreRelatedSpeech At Maharishi University Of Management And Bill Gates1273 Words   |  6 Pagescommencement speech is a speech given to graduating students to congratulate them on earning their degree and used to give them a few words of advice before they go. However, commencement speeches do not always have the same message. The speeches will vary between speakers and I will analyze two commencement speeches and show how different they can be from one another. These speeches are: Jim Carrey’s speech hosted at Maharishi University of Management and Bill Gates speech hosted at the University of HarvardRead MoreDeveloping Management Skills404131 Words   |  1617 Pagesfor courses in Princ iples of Management, Human Resources, Strategy, and Organizational Behavior that helps you actively study and prepare material for class. Chapter-by-chapter activities, including built-in pretests and posttests, focus on what you need to learn and to review in order to succeed. Visit www.mymanagementlab.com to learn more. DEVELOPING MANAGEMENT SKILLS EIGHTH EDITION David A. Whetten BRIGHAM YOUNG UNIVERSITY Kim S. Cameron UNIVERSITY OF MICHIGAN Prentice Hall

Wednesday, December 11, 2019

Business Law for Consumer Protection Law - myassignmenthelp.com

Question: Discuss about the Business Law for Consumer Protection Law. Answer: Introduction This write up shall examine various aspects of the law; inter alia, the law of contracts and the application of various principles in the law of contracts. Using the case scenarios presented, the writer shall discuss the principle of formation of a contract and more particularly the aspect of instantaneous communication of acceptance and liability in case of breach. Further, the common law position of the subject of exclusivity clauses which tend to exclude the liability of the service provider or trader shall be discussed and the principles applicability shall be evaluated pursuant to the provisions of the Consumer Protection Law of Australia. Finally, the Australian law on competition and consumer protection shall be analyzed to extrapolate the various protections afforded to consumers under the law with regards to protection against unconscionable conduct and unfair contract terms and also the subject of misrepresentations as regards the origin of goods. This case scenario represents parties during the initial stages of contract formations engaging in negotiations through various modes of communication. Unfortunately, the parties different preferences of different modes of communication lead to a major miscommunication that occasions the failure of forming a contract. The issue arising therefrom is whether there was in fact a contract in existence which could then entitle Brenda to Steven for breach of contract. More particularly, it is important to determine whether the acceptance was communicated properly. Assuming that all the other requirements for a formally valid contract were in existence, it is necessary to determine whether the very basic requirements[1] for the formation of a contract had been fulfilled i.e. offer and acceptance. Quilter (2014) writes that a contract is concluded where one party makes (offeror) an offer to do or provide something and the other party (offeree) accepts the offer unconditionally and communicates that acceptance to the offeror.[2] By stating that the fabric was available to be delivered by 12 March and specifying the price at which he would sell it, Steve had made the offer to Brenda which had to be accepted before a binding contract could actually be formed. In the letter of offer, Steve had specified the favored mode of communicating the acceptance but Brenda opted to respond using a different mode of communication. Clarke (2016) has written about communication of acceptance. She propounds that the communication of the acceptance must be received by the offeror for the agreement to be effective. In this regard, there are instantaneous and non-instantaneous modes of communication.[3] If the offeree communicates the acceptance via instantaneous mode, such as an email, then the communication is deemed to have been received even if it is not read by the offeror.[4] In that case, the contract is deemed to have been formed and binding and in case of a breach, the offeree can sue the offeror for compensation. Having sent the email to Steven, then Brenda could have successfully brought an action against Steven for breach of contract. However, for the case at hand, Steven clearly and unequivocally specified that the acceptance was to be made by return express courier. In the case of Manchester Diocesan Council for Education -vs- Commercial General Investments Ltd,[5] the Plaintiff called for tenders for its property, stating that acceptance would be notified by postage of a letter in the address given by the tenderer. The Plaintiff sent an acceptance letter to the Defendants solicitor which was not the address given by the Defendant. Given that the Defendant knew of the acceptance, it was held that the prescribed mode of communicating the acceptance was not mandatory because the offeror was made aware by an equally effective method. From the above, it is therefore important to determine whether the communication was received or whether Steven was aware of the acceptance. Steven has stated that he had never received Brendas email though he had checked his email inbox daily. The Electronic Transactions Act, 1999, provides that an electronic communication is deemed to have been received at the time when the communication becomes capable of being retrieved by the addressee.[6] Considering that Steven never received the communication and that he had specified the mode of communication, thee only logical conclusion is that there was no contract and therefore Brenda cannot successfully maintain an action against him for breach of contract. On the other hand, if the circumstances could have allowed Brenda to successfully maintain an action against Steve, the remedies available would be damages.[7] From the facts of the case scenario herein, it is clear that Giovanni was not able to read or interpret the meaning of the particular clause of the authorization. Even QRZ Motors tow truck driver did not bother to explain the meaning of the particular term of the authorization. As a result, Giovanni signed the authorization without understanding the meaning and consequences attached thereto. Be that as it may, QRZ Motors seeks to rely on the clause to vindicate itself from liability for the damage sustained by Giovannis car as a result of a fire caused by the negligence of one of the companys mechanics. The issue arising is whether QRZ Motors can successfully rely on the exclusion clause and thereby exonerate itself from liability. Quilter (2014) rightly states that the law of contracts as it exists today is a by-product of common law which has been developed overtime through precedents as opposed to legislation.[8] In his book, Quilter discusses the doctrine of exclusivity clauses. He propounds that these clauses are most often employed to shelter the Exclusivity clauses exist in documents that are either signed or unsigned. If the clause is in an unsigned document, the service provider seeking to rely on the clause must prove that the existence of the clause was brought to the attention of the consumer. On the other hand, if the clause is contained in a signed document, then it forms part of the contact and it becomes binding on both parties.[10] Therefore, from the point of view extrapolated above, and without giving regards to any other legal view, it could then mean that QRZ Motors can successfully avoid liability for the damage caused to Giovannis car given the fact that the authorization was signed. However, referring to the Competition and Consumer Protection Act it is expressly stated therein that any person it trade must not engage in unconscionable conduct while trading or offering services to another (a consumer).[11] Further, the Act gives the Courts unfettered powers to take into consideration various matters in determining whether a trader has engaged in unconscionable conduct.[12] These include, inter alia, the bargaining power or position of the supplier/trader and the consumer and whether the customer was able to understand any documents relating to the supply of services.[13] In addition, the Act makes provisions for unfair contract terms and among them are terms that are not transparent and those that tend to limit the liability of the supplier.[14] From the foregoing, the conclusion to be drawn is that under common law, QRZ Motors is only required to prove that the exclusivity clause was brought to the customers attention or is contained in a signed document. However, under consumer law, QRZ Motors will not evade liability because the term is considered unfair and in addition, QRZ Motors conduct will be termed as unconscionable. In this case scenario, it has been revealed how Gary made a misleading statement that the bicycles sold by BikeHike Ltd are manufactured in Australia and they meet the set standards of the regulatory body. The reality, however, is that they are imported from China. The issue emanating is whether ToughMount can bring an action against Gary for the publicized misrepresentation and further, whether BikeHike can be held liable for Garys actions. Various provisions of the Competition and Consumer Protection Act outlaw the engagement of persons in trade in misleading and deceptive conduct.[15] Under section 29 (1) (k), it is illegal to make a false or a misleading representation that particular goods are of a particular origin when in reality the goods are from a different origin. Further, Part 5-3 of the Act makes particular rules that address the issue of representations as to origin of goods which must be abided by strictly. The case of ACCC -vs- Marksun Australia Pty Ltd[16] is one such similar case wherein goods made in China were misrepresented as having been manufactured in Australia. In holding the Defendant liable, the judge stated that such a misrepresentation not only harms buyers but also impacts honest traders and further impacts the reliability and value of the goods actually made in Australia. As per the Australian Competition and Consumer Commission, any person claiming a trader has misrepresented the origin of the goods can take action to court for breach of the ACL.[17] Therefore, it is conclusive that ToughHike has a right of action against Gary under the ACL. Whether BikeHike can be vicariously liable for Garys actions depends on various factors inter alia whether Gary had the authority to act for the company. An employer can be vicariously liable for acts of an employee under the principles of agency law.[18] BikeHike Ltd being a company, it is governed by the Corporations Act, 2001. Under section 190, directors are held responsible for the actions of their subordinates.[19] This is so because in companies, it is directors who are regarded as agents of the company. Therefore, BikeHike will not be liable for Garys actions because the misleading information was published without the consent or authority of the Marketing Manager. Conclusion From the foregoing, the conclusion to be drawn is that an acceptance of an offer must be unequivocally and unconditionally communicated to the offeror. Further, the communication must be received by the offeror or the offeror must have knowledge of the acceptance for the contract to be formulated. If a specific mode of communication is expressed, then, for convenience, it is necessary to use that mode; otherwise, the courts may not necessarily hold that the contract was not formed if it is proved that the offeror received the communication of the acceptance. On exclusivity clauses, the position of the law is that the same must be disclosed to the consumer/customer for it to be binding. Otherwise, under the Competition and Consumer Protection, failure to fully disclose the consequences of exclusivity clauses will be considered unconscionable conduct for which the customer will be remedied. Finally, misrepresentations as regards to the origin of the goods is illegal and such misrepresentations not only harm buyers but also impacts honest traders and further impacts the reliability and value of the goods actually made in Australia. References Electronic Transactions Act, 1999 (cth) Competition and Consumer Protection Act (2010) (cth). Corporations Act (2001) (cth). ACCC -vs- Marksun Australia Pty Ltd (2011) FCA 695 Council for Education -vs- Commercial General Investments Ltd [1970] 1 WLR 241; [1969] 3 All ER 1593 Quilter, M. (2014) The Law Handbook YOUR PRACTICAL GUIDE TO THE LAW IN NEW SOUTH WALES. [online] Thomson Reuters. Available at: https://www.legalanswers.sl.nsw.gov.au/guides/law_handbook/pdf/Ch12_contracts.pdf [Accessed 24 Aug. 2016] A Guide to Business Law (2015) 21st ed. [e-book] Available at: https://legal.thomsonreuters.com.au/product/AU/files/720506676/chapter_summary_21e___ch_5.pdf [Accessed 24 Aug. 2016] Australiancontractlaw.com (2016). Australian Contract Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/law/formation-agreement.html [Accessed 24 Aug. 2016] Australiancontractlaw.com (2016). Australian Contract Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/law/remedies.html [Accessed 24 Aug. 2016] Australian Competition and Consumer Commission (2014). Country of origin claims and the Australian Consumer Law - Blatant misleading and deceptive conduct. [online] Available at: https://www.accc.gov.au/publications/country-of-origin-claims-the-australian-consumer-law/country-of-origin-claims-and-the-australian-consumer-law/labelling-issues/blatant-misleading-and-deceptive-conduct [Accessed 24 Aug. 2016] Anon, (2016). [online] Available at: https://www.cbs.sa.gov.au/assets/files/business_practices_guide.pdf [Accessed 24 Aug. 2016]. Anon, (2016). [online] Available at: https://www.humanrights.gov.au/sites/default/files/GPGB_vicarious_liability.pdf [Accessed 24 Aug. 2016].

Wednesday, December 4, 2019

Mexican Heritage free essay sample

The rich warm smells of Mexican spices permeate our house during every season. Family and our Mexican culture is an issue that is important to my family and I. Growing up with five other sisters and two little brothers there was never anyone not to talk to or play dress up with. There was always someone there supporting you. Both of my parents were born in Jalisco, Mexico; a small town near Guadalajara. The minute they were born they were immersed into the Spanish culture of family being first, and of course going to church every Sunday. The customs they learned as young kids they taught on to us. I was born and raised in the small town of Richland, Washington. Everyone literally knew everyone. If you needed a cup of sugar or some milk there was no hesitation of going to ask your next door neighbor. It was that sense of unity that was so comforting growing up. We will write a custom essay sample on Mexican Heritage or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I felt secure and protected there was never a line alienation and uncertainty. That close knit between everyone was what reminded me of my heritage of family coming first. My parents both came from large families. So we were always having barbeques in the backyard, Christmas parties, Easter egg hunting, firework shows for the fourth of July. Anything you could think of to get the family together our house was the place. It was two stories with beautiful Spanish stucco detailing a light cream and salmon color, flower gardens right on our front porch, and giant windows everywhere. It was my dream house, it’s where I was born and grew up I will never forget all the memories we had. So then when my parents gave me the cold news that we were moving from our small town of Richland to the music capital of the world which is Austin, TX, my heart sank the unity and comfort I grew up with the first twelve years of my life was slowly diminishing. I was stripped of that sense of warmth and comfort and was being thrown into a world that was so foreign. All of the customs and cultures I was taught about from my parents was accepted, I as a person was accepted. And I was terrified that people would shun me because I was different. The way I dressed, what I ate was all influenced by my culture and how my parents raised me. Although, I was afraid of the unknown I was intrigued and fascinated at the same time. My curiosity and fear of what it’d be like was overflowing with questions- What was the weather like? Did people ride horses and wear cowboy hats to school? Did they speak with that infamous country twang in their voices? All of these questions were just waiting to be answered. When we got to Austin it somehow felt right. I quickly learned that people were far from judgmental, they were welcoming with open arms they had that southern hospitality that was so comforting. I somehow felt at home, there were tons of different cultures melded together. I was fascinated to learn about a new type of culture but at the same time teach people about mine. Concluding, an issue that is important to my family and I is our family and Mexican culture. It’s important because through everything whether it moving to a new city or just moving on to college. You know that your family, culture, and beliefs will be right there to comfort you. When it comes down to it family is all you have, they are your support system.