Interpretation of contract indemnity provisions Essay

Interpretation of write out indemnity provisions - rise ExampleIndemnity can be broadly defined as the promise to pay specie with one party to a contract making a promise to be responsible for each losses which atomic number 18 suffered by other parties to the contract and this occurs when there has been a breach of a contract or a warranty.In the event that one party suffers a loss, the other party whitethorn have provided a guarantee in the contract to make up for such losses and would hence be obliged to make good the losses which have been suffered, whether through damages or both other kind of loss which occurs. These losses can be compensated in the form of funds payments, repairs or a replacement of the item that has been lost or damaged. This study proposes to examine how indemnity differs from warranties and projection contracts and how the style in which the indemnity provisions are spelt out can influence the manner in which such provisions are interpreted.Accord ing to Parker and Slavich, an indemnity is a contract between both parties in which one party agrees to be liable for the losses or damage that are sustain by another party, whether the party is a signatory to the contract or a third party, on the basis of a specified act or a condition or the damage that results from a claim or a demand1. The purpose of a contractual indemnity is to ensure that the risk inhering in the performance of the contract is distributed among all the parties to the contract, although in reality, the net result will be base upon the relative bargaining power of the parties.One of the different forms of the indemnity provision in contracts is the endurance provision, whereby the survival of representations, warranties and indemnities are limited to an agreed period of time from the execution of the contract. Another aspect of indemnity contracts are releases, i.e., releases of claims and liabilitiesIndemnity clauses are offered in

Global Corporate Strategy Essay Example | Topics and Well Written Essays - 3000 words

planetary Corporate Strategy - Essay ExampleIt is evidently clear from the discussion that the emerging markets of India and China extradite been recorded as the fastest growing nations in terms of consuming higher rates of anoint, sport and petrochemical products. In this context, the world(a) energy companies such as British Petroleum (BP), Shell, Mobil, and Total have been extremely recognized to involve competitive pricing strategies in order to gain substantial return from their global subsidiaries especially located in the emerging markets. However, the oil and gas companies have also been witnessing numerous issues non only for their competitive business strategies but also for their radical impact on the global ecosystem. In this context, the organizations associated with global oil and gas manufacturing industry must also contend with changing regulatory requirements involving their corporate governance different environmental issues. Emphasising the unabated challen ges and opportunities faced by the dominant marketers in global oil and gas industry, the essay tends to carry out an appropriate analysis of the global corporate strategies adopted by BP and other world-class Oil, Gas, and Petrochemical suppliers such as Shell, Mobil, Chevron and Total since 2010 to date. The essay also tends to demonstrate the corporate strategic measures of BP in terms of creating a high-performance culture in the global business locations that change it to effectively deal with both challenges and opportunities in the global oil and gas industry as well.

Employment Law Essay Example | Topics and Well Written Essays - 500 words - 10

Employment Law - Essay ExampleHe complains of unfair elimination of his unused vacation. there was no proper written nonice of exhalation of Tomas employment. The company provided a two-week termination payment in lieu of notice.Tomas promotion to a data entry manager made him work for about 55 hours in a week. This made him eligible for overtime because he worked for to a greater extent than 44 hours in a week. This is because he was promoted a month after his overtime work that is within three months as state in the Employment Standards Act of 2000. In Zsoldos v. MMMC Inc. Architects, 2005 CanLII, it the plaintiff signed an agreement with the defendant that was legally dressing to both parties.Tomas needs compensation for the time off not taken, in addition to the hours he worked during mankind holidays. He should get time off for the holidays he worked in addition to the three weeks off as verbalise in the Employment Standards Act. It was not appropriate to eliminate the un used vacation because it could only be legally binding if there was a proper agreement signed in writing and not an oral agreement. This should be effective within seven-spot days of employment termination.The withdrawal of the health benefits was foreign because Tomas was still an employee before the major clients seized to do business with Crowne Company. The company should provide the health benefits for the period stated in the contract agreement with the employee. In case of termination of the health benefits, there must be a written notice to the employee.Tomas termination of employment was inappropriate, as his employment with Crown Company lasted for more than three months. In addition, the employer did not give him a proper written notice informing him of the termination of his employment or a pay for the termination. The termination pay in lieu of notice was inappropriate. This is because in case of employment termination the pay in lieu of notice is effective within sev en

Non-Punitive Environment Essay Example | Topics and Well Written Essays - 1250 words

Non-Punitive Environment - Essay compositors caseAfter personal beliefs are put aside, managers f health lot units need to think about others. Is the purpose going to hurt anyone and if so, who This question is very important in ethical ending making. Managers need to impinge on into account employees feelings and well-being as well as the well-being f the company. If someone is going to be hurt by the close, a manager whitethorn want to reconsider their decision. Hiring employees based on colour or race hurts more people than it helps. A decision for hiring a candidate should not be based on color, race, sex or religion it should be based on their performance, education, and skills. The organization may not see the harm they are doing but they are unintentionally hurting themselves by basing their decision on anything other than skill, education, or experience. Diversity within a workplace is very beneficial to an organization. When organizations involve based on race, they a re forfeiting their ability to be diverse. When organization values diversity, they can find juvenile ways to overcome unconventional problems because they have many different resources and perspectives being involved in the decision making.Americans rely on the healthcare system for the maintenance and improvement f personal health, which often involves care in the hospital setting. Most long-sufferings believe that the American healthcare system provides the highest quality and safest care in the world. It is estimated that four out f every one hundred hospitalized patients in the United States suffers a somber adverse event, such as a nosocomial infection, medication error, or injury related to faulty use f equipment or treatment.Clinical issues must be connected to conceptual models f breast feeding. This substantiates the clinical issue as valid to the practice f nursing. Jacqueline Fawcett (2000) provides a comprehensive review nursing practice, considered from the reward f widely recognized nursing conceptual frameworks and models. Fawcett suggests that the systems category f knowledge identifies actual and dominance problems in the function f systems and delineates intervention strategies that maximize efficient and effective system operation change over is f secondary importance. Most nursing theories utilize the four metaparadims nursing, health, client, and environment. Safety concerns are relevant to nursing theory because safety is a direct result f the environment. Using Jean Watson caring theory, Dorothea Orems, Self-Care famine Nursing Theory and Patricia Benners Novice to Expert nursing theory, this paper will discuss several approaches to ensuring patient safety.Dorothea Orems Self-Care Deficit Nursing Theory (SCDNT) can be applied during illness or wellness at any time f life. This theory also works in a variety f care settings with little or no modification. Orem believed nursing should be autonomous in providing care and SCDNT shou ld revolve around on the patient not the nurse. Nurses provide care for patients through acting, teaching, supporting, or providing a supportive environment. playacting or doing for another is the usually the first method f assisting with a self-care deficit. This method meets basic necessitate and doesnt require extensive knowledge or technical ability. Because nurses

Critically evaluate, in relation to the common law duty of care, the Essay - 6

Critically evaluate, in relation to the common law profession of dread, the liability of employers for references. How, if at all, doe - Essay ExampleIssuing of references for employees or former employees by employers is a practice that is of interest to both the employer and the employee (Middlemiss 2013, p141). The employers have an interest in understanding the extent of their liability. On the a nonher(prenominal) hand, the employees have an interest in knowing whether they have the right to sue employers for economic damage arising from cheating(prenominal) references. In understanding the liability of employers for references, the paper will look into the relevant principles of the law by reviewing cases connect to the subject in question (Lee 2011). Case studies Spring v Guardian Assurance plc and others The spring v Guardian Assurance plc and others led to the realization of the importance of pursuing acts of negligence through unjust and unsportsmanlike references. Be fore this realization, employees who suffered from unjust references only used the tort laws to search for justice ( raise of Lords 1995). The option of the tort laws was not common due to the evidential obstacles that the plaintiff faced. In the Spring v Guardian Assurance plc and others, the House of Lords came to a conclusion that, in situations where an employer decides to give a current or former employee a reference, it is the employers righteousness to take reasonable care in preparing or military issue the reference. It is also the employers responsibility to take care when verifying the information related to the reference. In addition, the House of Lords also concluded that, in situations where an employer issues a reference to a prospective or future employer, it is the employers responsibilities to provide care to that the employer in respect to the preparation of the reference. It further states that, in cases where a break of any of the duties occurs due to negligenc e in preparing the reference, the employer air the reference can be held responsible for damages to the employee, prospective employer or future employer (UKHL, 1994). The employer takings a reference has the responsibility to act in a fair manner towards the employee to protect the employee from abject from economic losses due to negligence in issuing the reference. The employer also has a duty of care towards the employer receiving the reference because the recipient employer relies on the reference information in providing employment to the subject of the reference (McBride 2004, p.420). Therefore, the employers decision to employ the employee is largely influenced by the information provided on the reference. This point makes it reasonable to hold the employer issuing the reference responsible for any economic damage that the prospective employer suffers (Middlemiss 2004, p.67). In another example, it was concluded in the Legal Assurance Ltd v Kirk that, in a situation where an employer makes an informal statement regarding an employee that is not relied on by a third party, in that respect is no liability due to negligence even if there is no any reference issued. However, this claim was not accepted by the Court of Appeal because it was found on speculations on how the employer might respond when requested for a reference (Middlemiss 2004, p62). A different procession in understanding the liability of employers for reference is evident in Bartholomew v London Borough of Hackney. In this case, an employer issuing

Should taxes on alcohol and tobacco be increased to help pay for Research Paper - 3

Should taxes on alcohol and tobacco be increased to help pay for rising medical costs - research Paper ExampleConsequently, in that respect are views that these two drugs are legal in the society, yet there challenges to human health are extremely uncontainable. The following discussion sets the can of the prescribed solution in accordance with the professors view, an evaluation of the advantages of the solution, and an argument of the demerits likely to emanate from the tax increments.A searing review of the professor and classmates response indicates that the group acquired success to the extent they were able to determine the reasons as to wherefore the society continues to suffer the menace of drug abuse and addiction (Jones, 2011). They indicated alcohol and tobacco as the almost abused substances despite the administration setting constitutional constraints to ensure proper or reduced purpose rates on them (Brisbin, 2008). The group indicated that most of the people ind ulge in the consumption of the legalities but health hazardous substances while seeking to relieve themselves from traumas and other types of psychological stresses.Amicably, the response sets a proper basis for the society to decipher vital knowledge on the untamed use of alcohol and tobacco products. In turn, the essay articulates the irresponsible behaviors that obviously pose threats to the society at large. For instance, consumption of alcohol has contributed to the spread of diseases since the consumers, induce decisions based on the idealization. While they think that they are right, alcohol consumption impairs ones judgments and these drunks often find themselves in more troubles after realizing their deeds (Berry, 2005). The group indicates that in the absence of increased taxes on the commodities, the users are unguarded to unprotected sex thus the consequences remain at large while they extend the infections to their spouses too. Therefore, the response seems to be succ essful as it denotes on the risks

Summary vs analysis, cognitive dissonance Assignment

Summary vs analysis, cognitive dissonance - Assignment vitrineThe police officers had also deprived Fernandez his belt and shoe laces, so its though that the prisoner had stifled himself with his bare hands.Before his death, Fernadez had spent his last few days in a highly stimulate state writing what appeared to be a long letter. Though in his letter, Fernandez expressed the fear of his liveliness in the prison, the police warden who read it never took any action as he assumed that it was taboo of mental disturbance and insanity that Fernandez was writing the long document. Shockingly, two days after his death, Fernadez body disappeared from the mortuary even before the arrival of forensic physician who was to investigate the cause of his death (Arenas, 2001). Few American newspapers had covered this shocking news, with majority giving preference to other less important news.Even, after sextuplet months had passed after the mysterious death of fernadez, Sakuntala seemed not sat isfied with how Fernandez case ended. After receiving important manuscript concerning fernadez, Sakuntala well-tried to get it published by serious American newspapers but his request was turned down by editors who appeared to agree with dull witted police report (Arenas, 2001). Though Sankutala seemed to have a very crucial proof from the late Fernadez, no respectable publication was willing to publish

Researched analysis paper Research Example | Topics and Well Written Essays - 1500 words

Researched analysis - Research piece ExampleHe introduces the audience to the theme of existence unsatisfied. The author develops this theme through the use of symbolic representation where he talks about sports. He clearly shows how troy does not appreciate his achievements. The use of symbolisation to elaborate on various themes has been tremendously effective in the play (Wilson 34).August Wilson created the play fences in the year 1965 as one of his dramas for the 20th century investigation of the evolution of black people. The author has sufficiently made use of symbolism to tell the life of troy weight and his family. Fences by August Wilson are a play that revolves around building a fence in their backyard. It also concerns a metaphorical fence. Troy Maxson who acts as the protagonist of Fences is displaying a strong and hard character. Troy has lived his life in America where being a black one had to face various pressures that would even crush ones corpse and soul. In t he beginning on the play, there is the use of foreshadowing and conflict that one can charge to his belief that he has failed in life. This also explains that the world did not give him what he deserved (Anderson 34).Troy believes that he has to go outside to seek refuge. He uses the introduction of the drama to reinforce the plight of African American as a method of preparing the audience. This enables the audience to view the drama based on economical and social conditions of the African American in the 1950s. The natives look upon these people as inferior people and send them low as immigrants who come to America to find a better life. Many of the African American had migrated to the North which instead of welcoming them, pushed them aside. It is this life that Wilson intends the audience to comprehend through this play (Shanon 17).He makes a clear introduction of the fence to act as a symbol on various levels, which turn back of, both individual and societal

Introduction to Digital Marketing Essay Example | Topics and Well Written Essays - 3000 words

Introduction to Digital Marketing - Essay Example completely corporations in one way or the another(prenominal) ensure the use of digital marketing techniques in their firm for creating aw beness amongst the target market. The primary reasons that it is the best option for creating awareness amongst the customers are that it is cost-effective provides the probability of reaching the customers glob ally and marketing activities can be easily personalized to meet the demands of the customers (Jae et al., 2008). It has even allowed the organizations to arm effective relationships with the customers by developing a marketing mix compatible for online consumers. Social Media nowadays, Internet has arrive a full of life part of everyones life and people are using it to run errands, impinging friends, read the e-mails, gather information near various things and conduct various other activities online. From the Internet, everyone is expecting to have pulsation access to valuable and accurate information quickly. According to Zarella (2010), if a consumer is unable to find information about a firm online, then it will be harmful to the firm as it will overleap a capableness customer for its business. With the rapid development of confabulation and information technologies, various new communication channels have emerged that are presenting a variety of alternatives to the firms for building long-lasting relationships with the customers. According to Harline, Mirrokni, and Sundararajan (2008), the majority of the organizations are becoming multiple channel operators which implies that they are extending their availability from single channel i.e. their websites to social networking sites i.e. social media. This storey stresses that in order to maintain the competitive edge in the market, it is vital for every organization to get word the changing dynamics of its target audience. In the last few years, the digital marketing has become an constitutional part of the marketing strategy and the marketing plan that does not incorporate it has difficulty in achieving its targeted goals. The organizations that do not cater the area of digital marketing tend to lose a huge clustering of potential target customers for their business. Since the customers are looking for information about the companys products and services online, it is vital for the organization to enhance its presence on various platforms on the Internet and develop a well-thought and strategically designed social media marketing strategy that will help it in influencing both existing and potential customers. This paper makes a conclusion that as social media will keep on evolving in the future, it is mandate for the organization to monitor the developments happening in this area and ensure that it is present on all online platforms so that it is instant access by the customers. It can be observed that at a gradual stones throw new social networking sites are emerging and or ganizations need to ensure that they have their online presence on all the social websites. With the help of an effective social media strategy, many organizations have been able to successfully expand into other areas and even develop long-lasting relationships with customers so that they remain loyal to the brand and the company.

Principles of Brand Extension and its Rationales Essay

Principles of Brand Extension and its Rationales - study ExampleA brands name has been identified as a polo shirt together with the ways of how to give its extension and the reasons why creating much(prenominal). In the economic industry, unlike strategies ar to be considered so that producers provide get the attention of the consumers. With every product that producers will provide, a brand name has to be added. A group of ideas on the certain product is what a brand is (Ferree, 2007). Addition to that, according to Webben (as cited in Keller, 2003), brand is outlined as products which has a goal to satisfy the consumers needs by get their attention on to it providing them with instructions and the products use. After succeeding in the familiarity of the product to the different people, a advanced strategy should be followed and there comes the brand extension. Brand extension as what Sattler, Volckner, Riediger, & Ringle (2009) defined is a strategy wherein the name of a ce rtain product is being utilize for peoples familiarity to introduce a new product. This strategy can help the product to increase its demand in the market. Polo Shirt as the Product Considering Polo shirt as the parent of the brand extension, it has several manageable outcomes much(prenominal) as body towel, underwear and socks. To come up with a winning brand extension, principles are to be considered. ... Of course, if the producer has already earned his consumers trust, it is better if they could provide what the consumer need so that they will non be dismayed. The parent should still switch the power to control the extended brand for they still have the same name thus, has an effect with each others credibility through their consumers opinion. Also, disorderliness with the extended brand with the parent is a big no. Though they are of the same brand, the products are just co-related with each other and so, should not be a cause for the consumers frustration and afflictio n when used the wrong product. If the parent is more of cloth category just like the polo shirt, producers should not create unrelated categories such as soap or food products. Brand extension researchers (n.d) also added that brands should not be extended on different categories for it will affect the products name along the competition. Also, the extended brand should add to the parents credibility through recognition with new, efficient and successful category for the firm on the future. There should be business attributed upon having brand extension. It is good to think of the possible outcome of the brand extension upon having the developing plan. To engage into a brand extension is a good idea to increase your inputs in the market. Actually, Gelder (as cited in Kapferer, 1997) stated practical reasons why having brand extension such as the consumers will experience new products and at the same time, the company will be updated thus, will actively participate on having new inno vations as part of its development Through brand extension, the consumer who used to have a trusted brand will choose it rather trying another one and only(a) thus, making the product reach

Infringement Essay Example | Topics and Well Written Essays - 1000 words

Infringement - Essay ExampleSection 10 of the art Mark Act 1994 states. A person infringes a registered distribute tell on if he uses in the transmission line of trade a sign where because (a) the sign is identical with the trade mark and is used in congenator to goods or services similar to those for which the trade mark is registered, or, in specifically addressing the question at blow over concerning Adam, (b) the sign is similar to the trademark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark. In English statute or case law, there is no definition for what is use as a mark. Use as a mark will depend on the facts of each case, in particular, the nature of the mark and the goods and services concerned. English case law indicates that the judges ar looking for use which is ta ken by the public as a badge of origin, in some other words as an indication that the goods and services are from a particular trader. This requirement is not the kindred as a requirement that the relevant public should know the identity of owners of trade marks, but nevertheless associate the marks of products with a particular trade origin. It will be much difficult for an applicant or proprietor to show use as a trade mark with very non-distinctive marks or where the use has been mainly in conjunction with another trade mark.

Dividend Policy decisions and Capital Structure decisions in relation Essay

Dividend insurance decisions and Capital Structure decisions in relation to Signaling THeory - Essay ExampleUsually the lead will offer a higher price than if she/he would not have received the signal. The assumptions be information asymmetry atomic number 18 that managers are better informed in relation to investors and will conduct to the best interest of current shareholders.The signaling theory assumes that managers and investors have same information but managers normally having better information. Thus, the managers would sell carry if overvalued and bonds if stock is undervalued. The investors clearly understand this and, therefore, overtake new stock gross sales as a negative signal. From the fact that information asymmetry is well known to all, how a corporation raises capital becomes a signal. The major implications of information asymmetry are when the companys prospects are hapless the there is overvaluation of stock as nobody knows except the insiders, everythin g is financed with stock thus the company pile raise more money at a lower cost and when the companys prospects are good then there is undervaluation of stock thus the company uses debt to finance. Overvaluation of stock assumes that once the stock falls, sharing of losses is by old and new stockholders favoring the old stockholders whereas undervaluation assumption is when the stock prices goes high just now the old stockholders will benefit from the gains. This may be simply represented as followsThe signaling view in relation to dividend policy argues that changes in dividend amounts are signals of paramount importance to the investors about managements changes expectation of future earnings (Duke,edu para 1). It is the belief of many that the amount per share companies pay as dividends is a clear indication of the managements belief about future earnings. A pedigree in the dividend amount from a previous high amount is an indication that the management anticipates a crepuscl e in future earnings. It is a practice by most

The Beveridge Report of 1942 Essay Example | Topics and Well Written Essays - 500 words

The Beveridge publish of 1942 - Essay ExampleThese payments were recommended to be used to pay benefits to the poor and unemployed. In this way, the Beveridge cover argued for a usual public assistance system where the care of people will be the responsibility of the state. such(prenominal) a welfare system was never suggested before in the country and therefore this particular recommendation holds great protect in history. In the Beveridge Report, it was overly recommended that revolutionary measures were required to solve problems that were in front of the country. The report also called for an end to sectional interests (Beveridge Report Executive Summary, 1942, 7) and argued for a system that treated everyone equally. The report recommended that it was time to climb up past philosophy of inequality and to treat everyone equally. This was another ponderous recommendation of the Beveridge Report. The report also called for a wellness care system of a public nature that will offer free health service to all the citizens of the country (BBC, 1942). This was also a unique recommendation given in the report. Such a system had never been proposed by anyone in the country before. Another important recommendation of the Beveridge Report was that there should be a balance between the role of state and the individual citizen. The report make it clear that it was not arguing in favor of communism as it acknowledged the right of an individual to earn more than that is required for him and his family (Beveridge Report Executive Summary, 1942, 9). This was another important recommendation that differentiated the reforms suggested from communistic ideas. A person was free to live an economic life but had an obligation towards the state in the form of insurance payments and other payments, in the return of which state promised free health care, unemployment, and other necessary benefits.

Managment and Digital Labour Networks Essay Example | Topics and Well Written Essays - 2750 words

Managment and Digital Labour Networks - Essay prototypeThis report declares that many commentators and users of digital networks have applauded this explosion of non-cultural production as an evidence of a wise era in cultural production and other related aspects as well as a much needed democratization in the field. This means that today, flock are at liberty to fat their scope of thinking and research into ways that seem effective for them as far as assembling of inputs and production of information and other kinds of output is concerned. Bruns has claimed that the internet time has been the new invention that has replaced the industrial age which has stood for a long time. This development means that information is the single resource that is needed to power polar social, economic and environmental systems.As the discussion stresses some of the services that are offered among thousands include wed put development, creation and modification of software packages, reading as well as active conflict and amour mailing lists and establishment of virtual spaces respectively. Other developments in the same field include creation and participation in internet games as well as television programs, all these developments are said to dawn each other within the context of emerging giant online economy. How does this online technology work and influence people? Usually, consumers who also happen to be developers of the content are invited to sell access to their personal lines in a way that is not directly related to the manner in which they sell their labour power.

The Origin of Old-Earth Geology and its Ramifications for Life in the Article

The job of Old-Earth Geology and its Ramifications for Life in the 21st Century - Article ExampleIn an attempt to develop an object basis upon which the age of the universe and that of the earth can be established, Dr. Mortenson draws upon diverse literature mainly geologic based. Through his argument, Mortenson convincingly demonstrates the relevance of the genesis geology today, explains the true nature of the 19th century turn with work out to postulations made about the age of the universe, dissects new theories about the history of creation, and examines the perceptions and evidence presented by scriptural geologists.In support of the way in which the credibility of scriptural geologists can be affirmed, Mortenson adds strength to the article by giving several illustrations on how spiritual geologists have to be believed by providing examples on how their fix about rejection of early chapters of Genesis has ultimately brought about religious decline of the church and moral decadency of the society especially in the Western countries.On demonstrating the relevance of the early 19th century Genesis-geology debate to today, Mortenson presents his ideas in the most logical way with concision and precision. The author attains this first through providing relevant examples, and in the end concluding that scientific truth is not self-explanatory, and that their interpretation is significantly influenced by the philosophical and religious assumptions of the scientist.Mortensons dismissal of Lyells way of interpreting the rocks through uniformitarianism on the grounds that it does not fit the facts, and erroneously assuming that evidence presented by catastrophism both on a global and a continental outperform is becoming increasingly obvious does not in itself present any scientific or even logical basis to be accepted. Therefore, this argument is weak in the sense that the author does not give up a credible basis upon which