Costruction Contracts Essay Example | Topics and Well Written Essays - 2250 words

Costruction Contracts - Essay Example It is observed that the building projects are seldom completes on the given time due to one reason or the other. Reasons of the delay might be a) delay on the part of contractor b) suspension of work c) non payment to contractor in time and the d) circumstances beyond the control of stakeholders. The contractor as per the agreement, bound to complete the task within the given timeframe. If work is not done within the allocated time, the contractor is obliged to compensate the losses suffered by the employer. In the scenario No.1 where an old cellar was discovered by the Cash ( the contractor) on site which was not identified by Woolley Wilson Developments (WWD)( the employer ) hence, caused extra time and expenses to the contractor, which should be born by the employer. In the scenario No. 2 the contractor had to call in British Gas Company to reposition the main gas pipeline which took near about sixteen days to get the job done, caused a delay of 16 days in the accomplishment of pr oject, therefore, bound to pay compensation to the above said employer. The competent court of law or the arbitrator as the case may be, shall determine the compensatory amount payable to the affected stakeholder keeping in mind the actual losses. Further, the competent jurisdiction or the arbitrator empowers either to increase or to decrease the compensatory amount provided substantial violations of the contract were found. According to UK law, unliquidated damages are determined by the competent court of law provided the loss is proved by the petitioner. Only then claimant shall be entitled for compensation. In the case of Surrey CC v Bredero Homes (1993)2, it was held by the court that damages were not merely awarded on failure of compliance but to the loss suffered. Contrary to that, in the case of Chaplin v Hicks (1911)3, the court of law awarded compensation to the claimant. It transpired from the said judgments that the court even considers those claims where monetary losses are not occurred. In accordance with law, damages are analyzed in order to place the claimant in the same position where they were, if they performed as per the agreed terms. Now the question is how to quantify the damages occurred for the expected losses. Here we found two options to handle the issue a) reason of non performance and b) remedial measures to mitigate the losses. We may refer the cases of Radford v De Froberville (1977)4 and Tito v Waddell (no 2) (1977)5. In referred cases, the court had the diversion views as far as compensation for the damages are concerned. In other words, court of law while deciding the cases of compensation assessed the damages first. Under English law, damages are categorized in two ways a) liquidated damages and b) unqualified damages. As per civil code of conduct, liquidated damages are taken as penalty. In the mentioned situation, liquidated damages clause, if inserted in the contract, is applicable. Breach of a contract attracts compensation under liquidated damages. Provided a) either uncertain or difficult to quantify b) amount of compensation based on actual losses c) adequate remedy e) planted damages. If aforesaid criterions are not fulfilled, liquidated damages clause in the contract has no potential value. Penalty has nothing to do with the

Psychology Essay Example | Topics and Well Written Essays - 2500 words - 3

Psychology - Essay Example Discrimination among the African American can not be ignored. This is because among them there are people of different ethnic groups and stereotyping is common. In western psychology problems are addressed at individual level. They focus on addressing such issues at individual level rather than in a collective form. In African American culture this is not suitable as one should include others in addressing these problems. Individualistic nature is also found among the African Americans. These individualistic traits are value for individual confidentiality, competition and uniqueness. According to (Belgrave and Allison, 2009), for someone to offer better services to the African Americans you must convince them collectively but not as individuals. There is more power in convincing a group rather than an individual. Western psychology emphasizes more on prediction and control. For them time is an article of trade to be bought and sold (Akbar. 1991a). Time for them is vital to predict and control what they are doing. Emphasis on prediction and control has brought misunderstanding of cultures that do not exercise prediction and control. This in contrast among Africans where time is not very important and it only exists to fulfill the needs of the people. African Americans have been labeled as people with no orientation for time and future. In western psychology this is viewed as a negative trait. Arriving late for an African American is acceptable and there is no problem with that (Belgrave and Allison, 2009). The western psychology is valid to say that African Americans do not have a proper orientation towards prediction and control. Although they may take this negatively, proper prediction and control is necessary for personal and communal wellbeing. Too much emphasis on the same will look disc riminatory to the African Americans. The western people assume

Colorado Department of Education Website Search and Critique Research Paper - 1

Colorado Department of Education Website Search and Critique - Research Paper Example All questions concerning the organization’s aims, mission, activities, structure are answered in this section. All contact information can be easily accessed. Any visitor can read about the history of organization and even view schedule of every meeting held. In fact, the page contains thorough information about all offices of the organization. There is no doubt in organization’s transparency. There is nothing to be changed in this section because it provides thorough information which can be easily accessed. As far as the second page â€Å"SchoolVIEW† is concerned it is necessary to note that it is a bit confusing and it needs to be improved. The major problem with this page is that it is too informative. There are too many data which are not easy to comprehend. It is necessary to take one’s time to understand what all those data mean. It is a good idea to include section â€Å"learning center† which instructs how to comprehend the data. However, t his section should be in the first place, so that the website viewer step by step learned to use data available and then looked through information presented. It is also a good idea to include â€Å"community connections† section: the organization gets the necessary feedback and can improve the website. The next page â€Å"For Educators† is designed for those who teach and even only thinks about starting their teaching careers. The page is not so easy to navigate.

God In The Jewish Tradition Essay Example | Topics and Well Written Essays - 2000 words

God In The Jewish Tradition - Essay Example Clearly, the meaning of God is one that is uniquely personal to each and every person. Only the individual can decide what God means to them which is based to a great degree on the individual's values and personal beliefs. The role that God plays in that individual's life and religion will be strongly based on these subjective assessments, but it will also be strongly influenced by the teachings of the synagogue, the rabbi, and the traditions that the individual experienced as they grew. In many tales of the Jewish faith, it was God who helped keep the Israelites alive throughout all their various persecutions through history, creating a type of human-like heroic identity. It was God who led them out of Israel and slavery and it was God who spoke to them through burning bushes and from mountaintops while they wandered in the desert, giving them help and direction. Mordecai Kaplan, known as the father of Reconstructionism, who pushed this type of identification of God. In his writings , he said that God chose the Jews and determined to help them with their success (Kaplan, 1937). However, Kaplan was not necessarily suggesting that God was a personality. Instead, he was attempting to say that God was something greater than this. He said, â€Å"God is neither a being nor a philosophical abstraction. God is a creative force in the universe. He was an inspiration for the Jews and the voice that gave with both hands" (1937). Even here, though, God seems to be a greater than normal personality.

E-Business Case Study Essay Example | Topics and Well Written Essays - 4000 words

E-Business Case Study - Essay Example The internet that has now emerged and matured, presents a paradigm shift in its very ideation. The infrastructure has acquired a business character, a transcontinental personality and a vending framework of wide-ranging, business, educational, scientific and personal data. Now its use covers real-time computer conferencing, audio broadcasting, video broadcasting, real time telephony and of course real-time business. E-business in its simplest form can be described as doing business in electronic form. Electronic business is the extensive use of computers, communication technology, networking technology and computerized data to perform business processes. In other words, e-business is any system of suppliers, distributors, or customers that use the Internet as the basis for their operations. It can range from using e-mail to communicate with customers and/or conduct business to a web page promoting a company, from a full e-commerce retail site to the integration of procedures and proc esses using Internet based technology. It takes its cue from terms like e-mail, e-commerce, e-governance etc. The term "e-business" was coined by Lou Gerstner, CEO of IBM. Today leading online stores and companies have moved beyond the ‘one-size-fits-all’ approach to internet relationship. It is an electronic commerce application used for B2B or B2C. Online shopping has become popular mainly because of its speed and ease of use. Initially users were mostly computer literates, but now the universality of access marks a paradigm shift in e-business operations. E-business is more than just e-commerce. It involves business processes spanning the entire value chain: electronic purchasing and supply chain management, processing orders electronically, handling customer service, and cooperating with business partners. Now the internet e-business portals greet each customer by name and present targeted information and services that correspond to each visitor's unique preferences and requirements. This type of personalized attraction increases customer loyalty, enhances revenue for the company and helps in establishing a valuable database of customers. The internet may be changing the way we do business, but it hasn't altered the fundamentals of human nature. People still respond to personalized services. They want to be treated as individuals and they appreciate intelligent assistance in finding products and services that meet their unique needs. Businesses that understand their customers and cater to their individual preferences benefit in two k ey ways. In the short term, they increase the sales potential of every customer interaction. In the long term, they establish a more loyal customer base. Corporate investments in e-commerce sales and marketing applications continue to climb steadily. With a personalized e-business solution, a company can customize the online experience for every visitor who comes to its internet, extranet, or intranet site. The process is relatively straightforward. Visitor information is accumulated through a registration process and by observing online behavior. Patterns can be analyzed and compared. Market segments can be defined and reliable predictions can be made about the products or services that interest a particular individual or group. Based on this analysis, a unique combination of information and promotions are presented to each user. The click stream behavior of each visitor can be monitored and feedback gathered accordingly. Personalized services can improve efficiency and communication throughout the e-business value chain. Companies can also push targeted content depending on the user's business role and personal preferences, further adding value to the user and strengthening the key business objectives. As is the case with the p ersonal business-to-consumer environment, in this case also the tangible and intangible benefits are quite comprehensible. Information flow can be optimized, so that right information gets to the right person at the right time delivering the right content.

Australian Law and Commonwealth Parliament Assignment

Australian Law and Commonwealth Parliament - Assignment Example According to the findings, it can, therefore, be said that the Parliament of Australia (Commonwealth Parliament) is the core institution where the process of debate, consideration, and passage of bills into laws plays out. This is a crucial aspect of governing the nation, as it allowed obsolete laws to be replaced by more relevant ones (recent laws governing grants and rights of Aboriginal Australians are a case in point). The constitution states that â€Å"a new Commonwealth (national) law can only be made, or an existing law changed or removed, by or under the authority of the federal Parliament, that is, by or in accordance with an Act of Parliament.† This instance shows that the motives and objectives for the creation of the institution of the Parliament are well articulated in the Constitution. The rest of this essay will argue that the Commonwealth Parliament is indeed endowed with broad-ranging powers to make laws for the country. The Commonwealth Parliament is a bicame ral arrangement, where the two houses of Parliament will have to concur before laws could be passed. The lower house of the Parliament is elected on the basis of ‘one-vote-one-value’ principle. The upper house, on the other hand, contains appointed members alongside elected members. Section 1 of the Constitution of Australia states that Parliament contains three units. The first component is the Queen, the second is the Senate and the third is the House of Representatives. Since the Queen is a nominal figure, she’s represented by the Governor-General. The Senate (the upper house) consists of 76 members (twelve each for each state and two for each mainland territory). Using the method of proportional voting, Senators are elected to the house. The lower house, on the other hand, is represented by 150 members. The members of the House of Representatives are drawn from electoral divisions or electorates. (Wear, 1999, p.544) These two houses meet in separate chambers of the Parliament House in the capital city to debate and vote on several legislative proposals. This way, views from all sections of society are heeded in the process. Thus, the pioneers of Australian democracy have installed a stable and foolproof structure for updating the laws of the country. (Kelly, 2001, p.44) The framers of the constitution also imposed checks and balances in the system through the endowment of unequal amounts of powers to the two houses. For example, â€Å"In matters relating to the collection or expenditure of public money the Constitution gives a more powerful role to the House of Representatives—the House of Government. Bills which authorize the spending of money (appropriation bills) and bills imposing taxation cannot originate in the Senate. The Senate may not amend bills imposing taxation and some kinds of an appropriation bill, or amend any bill so as to increase any proposed charge or burden on the people but it can ask the House to make amen dments to these bills.†Ã‚  

Car pooling scheme is effective argue against this statement Essay

Car pooling scheme is effective argue against this statement - Essay Example While there seem to be many advantages to it, huge list of disadvantages also make it highly inconvenient for lot of people. The paper would primarily be discussing those shortfalls of carpooling. One of the most important disadvantages is that it considerably restricts the freedom of choice of the people who are part of carpooling arrangement. People can only move back and forth between two travel points which adversely impacts on their independence. Punctuality is of paramount importance because others are also involved who cannot afford to be late because of one person. Their temporary or sudden change of travel plans cannot be accommodated within the arrangement that leaves the person with the inconvenience of finding or using alternate mode of transport at short notice. Indeed, the emergency situations in such plans are not included, which can happen anytime and anywhere. In fact, it totally fails to address this aspect for individual cases. Another important issue is that of pr ivacy of individuals. The people have to sacrifice their personal space and accommodate with the eccentricities of others. They also cannot have confidential conversation on their mobile or include their relation or friend in the arrangement at short notice. Some people also have peculiar habit or habits that they do not like others to know.