E-Commerce Offer vs Invitation to Treat - 2301 Words

Q1) Consider the legal status of Web advert and whether it would amount to an offer in law; Q2) If so, consider whether the filling in of the buy now form amounted to an acceptance of the offer; Q3) Outline the consumer buyers rights under the Distance Selling Regulations as they may apply to this sale. In this assignment I must conclude whether the advert from Surjits website constitutes a lawful offer or an Invitation to Treat. I will test this by comparing the two alternatives and assessing which is more applicable to the case study. Offer V Invitation to Treat To establish the difference between an offer by an organisation or if it is advertising an Invitation to Treat is whether the advert can be likened to that of a shop†¦show more content†¦To then complete the form would amount to confirmation of negotiations by the consumer but not acceptance of sale. At which Surjit can refuse the sale of the cameras. Surjit has not specifically stated that the sales offer was an invitation to treat. This could prove a huge problem for him because websites have not been tested against the three stage rule in the U.K of invitation to treat, offer and acceptance. It could therefore be easily argued that Surjit is bound by a contract as it seems Argos believed they might have been. The fact that Argos settled out of court raises suspicion. If the case study is to be accepted as an established offer, then Surjit would have to comply with the Distance Selling Regulations 2000 (DSR 2000). These regulations are to protect consumers by insisting that influential information is supplied to customer before and after the contract has been entered. If email has been used to provide information to the seller then it is deemed fit for this method of communication to be used to inform consumers. The information in regulation to the Distance Selling 2000 includes; 1. the identity of the supplier and (where the contract requires payment in advance) the suppliers address; 2. a description of the main characteristics of the goods or services; 3. the price of the goods or services, including allShow MoreRelatedAustralian Business Law Summary6492 Words   |  26 Pagescontracts) Topic 3b: Elements of a simple contract 1. intention to create legal relationship - presumed in commercial but not family/social relationships; rebuttable by evidence 2. Mutual agreement - often proven by identifying separate offer amp; acceptance; can also be proven by circumstances / conduct 3. Consideration - promises need to be mutual, from each party to the other. Not required for formal contracts such as deeds 4. legal capacity of all parties’ capacity (eg mentalRead MoreHistory of Common Law9609 Words   |  39 PagesHISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales (â€Å"the laws of England and Wales† from 1967). These laws mainly deal with issues of property, theft, inheritance, money†¦ The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD Read MoreMarketing and E-commerce Business65852 Words   |  264 PagesComplete Listing of Chapter Opening Cases, Insight Cases, E-commerce in Action Cases, and Case Studies CHAPTER 1 THE REVOLUTION IS JUST BEGINNING Opening Case: Pinterest: A Picture Is Worth a Thousand Words Insight on Technology: Will Apps Make the Web Irrelevant? Insight on Business: Start-Up Boot Camp Insight on Society: Facebook and the Age of Privacy Case Study: The Pirate Bay: Searching for a Safe Haven CHAPTER 2 E-COMMERCE BUSINESS MODELS AND CONCEPTS Opening Case: Twitter’s BusinessRead MoreOnline Banking42019 Words   |  169 Pagescategorized in to three types: (i) The Basic Level Service is the banks’ websites which disseminate information on different products and services offered to customers and members of public in general. It may receive and reply to customers’ queries through e-mail, (ii) In the next level are Simple Transactional Websites which allow customers to submit their instructions, applications for different services, queries on their account balances, etc, but do not permit any fund-based transactions on their accountsRead MoreState and Local Tax Outline42910 Words   |  172 Pagesa use tax. 5. HYPO: if you are Wal Mart and you want to compete with Amazon what do you do? a. Create a separate entity – i.e. Walmart.com, to sell the book. Chapter 2 2. a. CHAPTER 2: JURISDICTION TO TAX Section 1: Due Process And Commerce Clause Restraints On State Taxing Jxn 1. Similar concept to jxn over person for purpose of non resident jxn, same inquiry. 2. DP: Minimum contacts, purposeful availment, and NO requirement of physical presence, fairness notion/ notice, can’tRead MoreCrm in Supermarkets30832 Words   |  124 PagesEB 2003-02 February 2003 FOOD INDUSTRY MANAGEMENT CORNELL U N I V E R S I T Y Customer Relationship Marketing (CRM) in the U.S. Supermarket Industry: Current Status and Prospects Gerard F. Hawkes Senior Extension Associate Food Industry Management Program Department of Applied Economics and Management College of Agriculture and Life Sciences Cornell University, Ithaca, NY 14853-7801 Teaching †¢ Research †¢ Executive Education IT IS THE POLICY OF CORNELL UNIVERSITY actively to supportRead MoreAn Agreement Not Enforceable By Law Is Said To Be Void9818 Words   |  40 Pagesunjust enrichment. 4. what is offer, acceptance, consideration, consent and capacity to contract offer ; According to sec 2[a] â€Å" When one person signifies to another his willingness to door to abstain from doing anything with a view to obtaining the assent of that other to such act or abstinence he is said to make an offer. The offer is also known a proposal or it is also caller promise. The person who makes the offer is called an offeror. The person to whom the offer is made is called offeree AcceptanceRead MoreMarketing8520 Words   |  35 Pageshas been removed from this chapter, though reference to it may occur in the text. The omitted content was intentionally deleted and is not needed to meet the Universitys requirements for this course. PART II Connecting with Customers C H A P T E R 4 Creating Customer Value, Satisfaction, and Loyalty In this chapter, we will address the following questions: 1. How can companies deliver customer value, satisfaction, and loyalty? 2. What is the lifetime value of a customer, and why is itRead MoreManagement Control System13700 Words   |  55 PagesEarlier  in  1970s   Xerox  had  a  culture  where  accuracy and rigid system were more important than listening to the customers. * Unrealistic Target Setting.    WHY   NEW  TRENDS? * The original patent for the plain paper copier expired in 1970 – sending an invitation to potential competitors. NEW   TRENDS   * XEROX  Developed   Quality  Strategy   - Leadership Through Quality –     Ã‚  Competitive  Ã‚   Employee   Quality Improvement Benchmarking   Involvement    Process   * With  LTQ,  management   utilized  operational  measures  such  as  Ã‚  Read MoreThe Mind of a Marketing Manager26114 Words   |  105 Pagesaero space. At its simplest it defines where and how to compete in each chosen market, and the business model and resources which will be required in order to achieve this. * Market strategy is the core part of the business strategy, and offers marketers a higher domain in which to influence the business direction, focus and priorities. * Marketing strategy is then more functional and operational - defining how brands, prod ucts, channels and communications must be developed

My Journey to America Free Essays

My journey to America is one unforgettable experience. I say this not because I was able to travel to the land of my dreams but mainly because the journey had improved my outlook in life through the many lessons and insights it had taught. My country of origin is Kenya, located in Eastern Africa. We will write a custom essay sample on My Journey to America or any similar topic only for you Order Now Separating these two countries is the Pacific Ocean,  Ã‚   a large body of water that seemed to signify the impossibility of my coming here (Crofton, 1994, p. 434). But fortunately, this huge obstacle was overcome, and now I am enjoying the fun and opportunities offered by a country that had only once been a dream. You just cannot imagine the excitement I had felt when I learned that I will travel to America. For the majority of Africans, America is a land of golden opportunity, a place that one can better himself. It offers a rare experience in advancement in technology, an essential factor to a person’s twentieth century learning. And above all, America had many fun, exciting and historical places to visit. Armed with such lofty thoughts in mind, going through the hassle of filing for travel papers at the US Embassy meant nothing to me. I  Ã‚   bade goodbye to Kenya last __________. My itinerary was from Nairobi, Kenya to ______, USA. It would take approximately ______ hours to reach the US.   On the plane I tried to contain my excitement although flying above the wide Pacific Ocean was both thrilling and nerve-wracking. Looking down below from the window of the plane, I can see a wide expanse of blue water, stretching miles and miles beyond as if it would never end. Although the sight was beautiful to behold, I cannot wait to see land for by then I suddenly felt an awesome fear of being in a place totally unknown, as if I was lost in the middle of nowhere. I realized then that uprooting oneself from familiar places is not that easy, after all. As the plane made its way across the earth,   my mind was filled with thoughts of what I will going to do in America, the friends that I will meet, the places I will visit and the things that I will have. The thoughts all came to me at once, both thrilling and enchanting me at the same time. Amidst   these thoughts, my mind   raced back to the place I just left behind, the loved ones that I will not see   for sometime and   the places that surprisingly I will miss, and then out of nowhere I felt nostalgic and if I was not strong   enough tears would have fallen from my eyes. It was painful to realize that for me to experience something new, I had to let go of something that I hold dear. But I am glad to think that someday I will be back. Finally, after some time I approached the place that for more than a century had drawn all kinds of races and nationalities to its shores like a magnet. I expected the view from above to be so much different from the aerial view of the country and continent I just left behind. True enough it was way, way different. Whereas the place I had just left was dominated by forest and desert that was spotted with human dwellings and buildings, the view of America from the air was just breathtaking to me. A vast array of buildings endlessly crowded themselves below, tall skyscrapers and the Statue of Liberty seemed to reach out to me in welcome. I could not believe that the famous  Ã‚   America was right in front of me!   Ã‚  I felt an awesome sense of self-fulfillment then, perhaps because America had this magical way of making a person think that finally he had seen the real world. Naturally I could not wait to set my feet in the America soil.   For the first time in my life I was surrounded with people who look different from me. In the airport were white people, brown skinned people and dark ones like me. I was fascinated with the presence of different nationalities that were busy talking to one another in a language I do not understand and hurrying past me to places God knows where. I realized later that I will often come across these different types of people in just any street in America. I wonder much about them, the places that they came from and the loved ones that they left behind in a country far away. I know that most of them come to America to earn more money, and I wonder if they fulfilled that goal. Settling here for _________ (months or years) now, I can say with authority that foreigners here oftentimes experienced physical, emotional and mental suffering. Many of them are homesick.   There is no place, after all, that man will be untouched by the negative experiences of life. Such realization had developed in   me a deeper respect for people who   left their homeland to find jobs in other shores. For the many successful people who pass my way daily, I can say that indeed America is a land of golden opportunity, but only for the people who work hard. In life no matter where we are we just cannot expect a golden egg to fall on our lap. Here there are also many poor people. I do not know why they lived that way but one thing America taught me is that if you want something good to happen in your life then you must be willing to sacrifice, to let many sweats fall from your forehead.   Ã‚  A person should not wait for opportunity, he must look for it and when he found that opportunity he must grab it with both hands. The list of beautiful places to visit and exciting things to do in America is endless. There are many big parks decorated with beautiful flowers and housed different kinds of animals (many of these animals are native to my homeland like tigers and elephants).   When I look a these caged animals I cannot help but compare them to their relatives back home who roamed   freely in the African wild. America is not a place of freedom for them but on the contrary, America is a trap, a prison. I felt sad but these are the prices that need to be paid if people of America are to see a live African wildlife. Furthermore, America had many large shopping centers filled with all sorts of stuff. They are very inviting to touch, look and if I have the money, to buy. There are just many things to choose from, all of them beautiful. It is true that America has lots of things to offer especially for a Kenyan like me. Being surrounded by all these beautiful things make me look at life more positively. I do have negative experiences in America but I would cite only one that I know is experienced by most foreign people like me and it is the ugly face of racial discrimination. I know that racial discrimination is present when the people of other races I associate with treat me with distrust without reason. I know some of them did not actually wanted the feeling to come but it involuntarily sprung up somewhere. Racial discrimination is a big problem here.   This just shows that great America, like any other country in the world, had its own issues to solve. Obviously, there are many differences between America and my home country but there is one difference that I would like to share here. It seemed to me that the people who live in America are always in a hurry. It seemed that they have so many things to do but do not have the time to do it. That is why most Americans (including those who are not but lived here) are always in a perpetual state of stress. They are busy chasing â€Å"something† so that they do not have the time â€Å"to smell the flowers†. This is so much unlike Kenya. There it seemed we have plenty of time to rest, to reflect. Perhaps because our lives are less complicated, our dreams are simpler. For most Kenyan families providing daily food on the table is a big accomplishment. My journey to America is an adventure of a lifetime. I will never forget the many new   experiences that came along     and the lessons it had taught me. Indeed I can say that my journey to America had opened doors in my life that were once closed. Reference Crofton, Ian (editor). (1994). The Guinness Compact Encyclopedia. London: Guinness Publishing Limited. How to cite My Journey to America, Essay examples

Monitor and Improve Learning Effectiveness

Question: Discuss about the Monitor and Improve Learning Effectiveness. Answer: Introduction: 1. The Communities of Practice has emerged to be an influential factor of the current management system in an organisation. Robert (2006) identifies CoPs as a key domain that supports knowledge creation. It acts as a source of competitive advantage for the modern business organisations. CoPs are an essential method of knowledge management to enhance intellectual capital by promoting knowledge exchange and continuous learning (Robert, 2006). For example, the Australian Medical Association is considered as a group of professional medical experts who develop rules and regulations of medical practices in Australia. The primary role of the community is to enforce universal laws that must be followed by every medical practitioner in Australia. Attending the conference held by the AMA provides the medical staffs with new knowledge and develops their skills. Furthermore, the conference held by the AMA is helpful is sharing thoughts and experience of the doctors and other medical practitioners. Hence, it can be seen that the networks of Communities of Practice help in sharing knowledge and enables the organisation with continuous development of its employees skills. Sharing of knowledge with the help of Communities of Practices improves the efficiency and effectiveness of the organisations by providing the staffs with a platform to share knowledge and learn new things through the exchange of experiences. 2. The project to decrease the carbon footprint of the organisation needs thorough planning to meet the realistic goals and targets. Breaking down the overall plan into particular steps can be evident for a successful outcome. In the meantime, workable plans for the large project must include environment-friendly steps that will identify the main agenda of the projects as well as the issues attached to the same. First of all, the workable plan must represent what the organisation is trying to accomplish through the large-scale project. According to the deliverables, efficient team members must be selected, and objectives must be listed (Monteserin Amandi, 2013). Herein, training of the team members will be crucial so that each of the members of the team can play a successful role. Being a team leader of the given project, setting up the convenient networks will be one of the challenging issues. Meanwhile, for the best of my knowledge, I will provide support, insight, information, resources and feedback to the team members to create a sustainable network throughout the project life. In this way, the senior team members can support the talented employees to utilise the resources for effective productivity (Snchez, Snchez, Collado-Ruiz, Cebrin-Tarrasn, 2013). In case implementing the plan, interactions and exchange of concepts will be crucial making the potential stakeholders understand about the results of the proceedings. 3. Interstate conferences act as a pool of knowledge for the employees. It is important to note that an organisation is not capable of affording the fund of sending all employees to the interstate conferences to enhance their knowledge and practical skills. Therefore, selected and best employees of the organisation are sent to attend the regional conferences. The knowledge and learning gained from the conferences are useful for all employees and therefore, the person attending the interstate conference is asked to prepare a summary to share the knowledge with every member of the organisation. The procedure helps to judge the learning capability of the selected employees and share the knowledge with other employees who were unable to attend the interstate conferences due to lack of resources. Hence, it helps to meet the goals of gaining knowledge from the interstate conferences and passing the information to every employee of the organisation (Tuan, 2015). If an example is considered, it can be seen that the management level employee or higher level officials of a healthcare organisation attend the regional conferences organised by the Australia Medical Association to convey the information collected from the conference among the other medical practitioners in the organisation. Therefore, it can be said that it is an essential procedure of knowledge sharing and enhancing employees skills and experiences to develop organisational performance. 4. In order to facilitate the information, I will send a newsletter to every employee of the organisation working under my supervision. Along with that, meetings in the group will be arranged to avoid disruption to hospital operations and the project team will be selected on the basis of the performance of the employees (Watson, 2013). Employees with good performance and learning skills will be selected as a project team member. The team headed by me will be responsible for conducting personal interviews and training sessions for rest of the employees and contracted staffs. Finally, a feedback form will be provided to ensure that every member of the clinical department has gained the required information and knowledge to enhance the organisation's performance.Learning is a fundamental part of an organisation. It helps to enhance the knowledge of an employee and develops the personal skills to improve organisational performance. Hence, knowing the preferred learning style of the emplo yees is beneficial for a clinical manager to plan the training and development process (Jou Liu, 2012). The preference of the employees learning style improves the efficiency of the Training and Development program and provides the organisation with better talent resources. Furthermore, the knowledge of the employees preferences can be helpful in organising the operations and plan the activities accordingly. Hence, it is important for a clinical manager to observe and understand the preference of the employees learning style to avoid unwanted situations and improve organisations performance. 5. In order to deal with the situation of business writing skills, significant support can be provided to an employee. In the given case, despite attempting the business writing skills course, the performance of Tim has seemed to be unsatisfactory. Being the project team leader, I will provide Tim with some basic knowledge of professional writing to improve his standards of writing business emails and letters. Herein, Tim must be guided to understand the audience and the professional format of sending emails. In addition to that, the composition and style of the writing will be a crucial factor for any business communication (Firch, Campbell, Lindsay, Garner, 2010). Hence, by identifying the target audience, significant outline and flow of communication must be achieved within written communication. Along with that, Tim must be advised to utilise the Rhetorical Triangle method within the business emails to rectify the pitch of the message. Apart from that, the structure of the business emails and concept of grammar must be cleared to develop standard business writing skills. As professionals have less time to read a business email, key points must be presented in a structured way to impress the recipient (Lawrence, 2012). Moreover, proofing of the text will be effective to deliver an error free message to a business counterpart. In this way, Tim must be guided to improve the standards in business writing skills. 6. Feedbacks have played a major role in learning programme to improve the skills and knowledge of the subordinates. Though some of the training facilitators have utilised the feedback sheets to note down the positive comments, effective feedback sheets must include the negative comments as well. For personal and professional learning and development programmes, negative comments can show the training facilitators what areas of an employee must be improved. Through the identification negative comments of the feedback sheets, a trainer can improvise within the learning programme to add new learning facilities. For example, if an employee has lacked communication skills, more knowledge and learning resources must be provided to him to improve his communication methods (Magrath, 2016). In order to create an influence on the project team members, participants must be nominated to share their pros and cons. Along with that, advanced knowledge learning techniques must be introduced on the basis of feedback sheets comments. As a project team leader, individual assessment of the team members will be effective to understand the level of performance and issues of the subordinates. Accordingly, innovative learning measures and training should be provided to the team members to create a high level of confidence. References Firch, T., Campbell, A., Lindsay, D., Garner, D. (2010). On Developing The Writing Skills Course For Accounting Students.AJBE,3(4). https://dx.doi.org/10.19030/ajbe.v3i4.414 Jou, M. Liu, C. (2012). Application of semantic approaches and interactive virtual technology to improve teaching effectiveness.Interactive Learning Environments,20(5), 441-449. https://dx.doi.org/10.1080/10494820.2010.509632 Lawrence, C. (2012). Integrating Writing and Negotiation Skills.Business Communication Quarterly,65(2), 54-66. https://dx.doi.org/10.1177/108056990206500205 Magrath, C. (2016). A Conceptual Framework for Facilitator Training to Expand Communication-Skills Training among Veterinary Practitioners.Journal Of Veterinary Medical Education,33(1), 108-110. https://dx.doi.org/10.3138/jvme.33.1.108 Monteserin, A. Amandi, A. (2013). A reinforcement learning approach to improve the argument selection effectiveness in argumentation-based negotiation.Expert Systems With Applications,40(6), 2182-2188. https://dx.doi.org/10.1016/j.eswa.2012.10.045 Robert, H. (2006).Webster's New World Robert's rules of order. New York: Hungry Minds. Snchez, J., Snchez, Y., Collado-Ruiz, D., Cebrin-Tarrasn, D. (2013). Knowledge Creating and Sharing Corporate Culture Framework.Procedia - Social And Behavioral Sciences,74, 388-397. https://dx.doi.org/10.1016/j.sbspro.2013.03.029 Tuan, L. (2015). From corporate social responsibility, through entrepreneurial orientation, to knowledge sharing.The Learning Organization,22(2), 74-92. https://dx.doi.org/10.1108/tlo-09-2014-0052 Watson, I. (2013).Applying knowledge management. Amsterdam: Morgan Kaufmann.