Friday, November 29, 2019

Law of Privity in Malaysia free essay sample

The doctrine of privity prevented a third party from enforcing a benefit in a contract made between other parties. This position has clearly been altered by the enactment of the Contract (Rights of Third Parties) Act 1999. Today, third parties are no longer denied the ability to enforce benefits conferred upon them by a contract between two or more parties. 1. Examine the doctrine of privity and the problems that it faced, 2. Discuss the changes brought about by the development of the law 3. Examine the changes and whether they have abolished the doctrine or caused further problems. Compare the current position of the law to that of Malaysia 5. Consider all relevant judicial decisions 6. If necessary, suggest an appropriate remedy for the law in dealing with this matter. 7. Compare the current position of the law to that of Malaysia A basic rule in the law of contract is that only those who are parties to the contract or privy to the contract can sue or be sued on it. We will write a custom essay sample on Law of Privity in Malaysia or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page A person who is not a party to a contract may not enforce a contract even though it was made for his benefit. Similarly, the parties to a contract cannot impose liabilities upon a third party who is a stranger to the original contract. This principle is known as privity of contract. This thesis examines the doctrine of privity in Malaysia and argues that its application to contracts made for the benefit of third parties is inadequate and requires statutory reform. The main obstacle of this doctrine is that it frustrates the contracting parties’ intention to benefit third parties. The difficulty is exacerbated by the growth of contracts made for the benefit of third parties in recent years. It is submitted that contract theory can accommodate third party rights. The development of common law mechanisms to vercome the doctrine of privity in England, Australia and Canada are analysed to consider their application to the position in Malaysia. The common law mechanisms discussed include promisee’s remedies for breach of contract and mechanisms which grant direct rights to the third party to enforce a contract such as trust, agency, tort, Himalaya clauses and others. A comparative study of the use of these mechanisms in the jurisdictions analysed shows that a number of important judicial developments can be undertaken by the Malaysian courts. However, this study also shows that there are limitations with judicial reform of the doctrine of privity and that the more effective solution is through statutory reform. For this purpose, a study on the statutory development of third party rights in England, New Zealand, Australia, together with the position in the United States and the Principles of European Contract Law which are applicable to members of the European Union is also included in this discussion. This comparative study shows that the framework adopted in England now found in Contracts (Rights of Third Parties) Act 1999 is the preferred model for reform subject to a few changes to suit local conditions and circumstances, opinions and outlooks when making decisions. ABSTRACTThis thesis examines the doctrine of privity in Malaysia and argues that its application to contracts made for the benefit of third parties is inadequate and requires statutory reform. The main obstacle of this doctrine is that it frustrates the contracting parties’ intention to benefit third parties. The difficulty is exacerbated by the growth of contracts made for the benefit of third parties in recent years. It is submitted that contract theory can accommodate third party rights. The development of common law mechanisms to overcome the doctrine of privity in England, Australia and Canada are analysed to consider their application to the position in Malaysia. The common law mechanisms discussed include promisee’s remedies for breach of contract and mechanisms which grant direct rights to the third party to enforce a contract such as trust, agency, tort, Himalaya clauses and others. A comparative study of the use of these mechanisms in the jurisdictions analysed shows that a number of important judicial developments can be undertaken by the Malaysian courts. However, this study also shows that there are limitations with judicial reform of the doctrine of privity and that the more effective solution is through statutory reform. For this purpose, a study on the statutory development of third party rights in England, New Zealand, Australia, together with the position in the United States and the Principles of European Contract Law which are applicable to members of the European Union is also included in this discussion. This comparative study shows that the framework adopted in England now found in Contracts (Rights of Third Parties) Act 1999 is the preferred model for reform subject to a few changes to suit local conditions and circumstances. 1. Introduction The privity rule which stipulates that no benefit can be conferred to a third party who is not a party to the contract has long been regarded as an anachronistic shortcoming that has for many years been regarded as a reproach to English private law. The problems created by the privity rule which prevent third parties from enforcing a contract made for their benefit are widespread. 2 Particularly, the privity rule denies the contracting parties from fulfilling their intention to benefit a third party. A number of the Commonwealth countries had undertaken statutory reform of the privity rule and recognised third party rights in contract law. The notable reform was that undertaken by the English Parliament which resulted in the enactment of Contracts (Rights of Third Parties) Act 1999. Besides, the High Court in Australia and the Supreme Court in Canada had also created exceptions to the privity rule. In Malaysia, the privity rule is deeply entrenched in the legal system. The Malaysian courts had applied the doctrine in a variety of cases involving variety of situations. In the recent case of Razshah Enterprise Sdn Bhd v Arab Malaysian Finance Bhd,4 Abdul Malik Ishak JCA in the Court of Appeal5 stated that: Our Contracts Act 1950 (Act 136) has no express provision pertaining to the doctrine of privity of contract. The director (borrower) failed to pay for the loan and the plaintiff sued the defendant to enforce the guarantee. The defendant sought to counterclaim the plaintiffs action based on two letters7 written by the plaintiff to the director (borrower). The plaintiff attempted to strike out the counterclaim. One of the arguments relied by the plaintiff was that the defendant had no locus standi to bring the counterclaim as it was not a party to the loan agreement. The Court of Appeal rejected the plaintiffs argument because the agreement involved was a guarantee agreement where the defendants liability was dependent on the amount owed by the director (borrower). Thus, the defendant had the locus standi to bring the counterclaim which if successful, would reduce the amount of its liability. No effort has been undertaken to reform the privity rule in Malaysia despite the many difficulties created by the rule. However, the Malaysian Parli

Monday, November 25, 2019

Medieval Music Essays - Medieval Music, Chants, Catholic Music

Medieval Music Essays - Medieval Music, Chants, Catholic Music Medieval Music Music of the Middle Ages made great advancements through the centuries, which many are still evident today. The Christian Church effected the development of music greatly during the middle ages. The first major type of music of this time was chanting. ?The early Christians inherited the Jewish chants of synagogues.?(Bishop-324) Chants didn?t have constant rhythm, every note was about the same length. They had only one melody ,usually in the major key of C. All the singers sang the same notes together, this is called monophonic. Chants became an significant part of the church service, they were sung throughout the mass. These first chants were just sung by the congregation, later on choirs took over. ?Roman Chant became known as Gregorian chant after Pope Gregory I, the great, who may have composed some of the melodies and who actively encouraged an orderly, ritualized use of music by the church.?(MS Encarta-1) He also supported the schola cantorum, a singing school, to teach boys how to chant. During the ninth century many musicians began to use more than unaccompanied melody. A new type of chant was formed called organom. Organum was two octaves of chanting simultaneously. ?Organum was important to the history of music, because it was the first step toward the development of the musical texture known as polyphony (multipart music) the extensive use of which is the most distinctive feature of Western music.? (MS Encarta-1) Around the twelfth century Organum was mostly being developed in France, but the English did have their own version called gymel. If musicians were to chant many pitches at the same time, they needed a more accurate musical notation. Before this, the notation being used wasn?t precise at all. ?Music notation was originally merely a set of small marks, a sort of short hand, written above the words to indicate the rise and fall of the voice and changes in emphasis, without specifying the duration of the notes or the exact pitch.?(Bishop-325) The new way of writing musical notes was black squares and diamonds attached to little poles on a staff of four or five lines, very similar to how we write music today. Music, during the fourteenth century, made great changes in style. ?The new style was called ars nova (Latin, ?new art?) by one of it?s leading composers, the French prelate Philippe de Vitry. The resulting music was more complex than any previously written, reflecting a new spirit in Europe that emphasized human resourcefulness and ingenuity.?(MS Encarta-2) De Vitry also invented the earliest version of the time signature, making it easier to play and write more complicated patterns. Ars nova composers began to repeat the same patterns of either one or more voice parts, usually from Gregorian chant, throughout the piece. Over that they would put other melodies making it polyphonic. ?Nonreligious, or secular, music was composed by wandering poets who sang of chivalry and courtly love in the twelfth and thirteenth centuries.?(Comptons-1) Some of these musicians made a living of singing, others did it for the enjoyment. These singers, Troubadours and Goliards, didn?t have a wide range of singing styles. Over 2,000 of these songs have been written and saved in old documents made after the twelfth century though. ?The musician of the early Middle Ages seems usually to have been minstrel either resident in a large establishment or traveling from establishment to another, singing the lays and sagas to his own accompaniment.?(Montagu-19) Musicians were needed to support other types of entertainment as well. Acrobats would perform to music, just like jugglers, and dancing bears. Poor workers didn?t have much to do for entertainment except for music. They would tell stories to music or have people sing while they danced. They probably sang while working together too, like a type of sea chantey. Even though they were enjoyed by many people, musicians were still considered a very low class. Many of the first instruments of the early Middle Ages were taken from the earlier Roman Empire, or from other cultures around the world. One string instrument used a lot was the lyre. ?It is possible that the lyre was carried into northern Europe from Constantinople during the late Roman Empire, for many of the Byzantime armies, especially the Imperial Bodyguard, were recruited from the northern peoples.?(Montagu-13) During the early medieval times it was played by plucking the strings with a plectrum or fingers,. Later in the tenth century bows became more popular and the lyre was also played with one. The

Friday, November 22, 2019

Conference Report Essay Example | Topics and Well Written Essays - 1250 words

Conference Report - Essay Example Clint Eastwood, Fellow Researcher, Atlantic Marine Ecology Research Group, presented an interesting speech on "Implications of Global Warming for Marine Ecology" followed by the Asst. Prof. of Department of Oceanography, Texas University, Mr. Tony Adams' presentation of "Cleaning the Oil Spills in the Atlantic". The Conference concluded with thanks from Mr. Tim McKenney. Evaluations of the Research Presentations were analyzed to determine the constituents of an effective and ineffective presentation, and, to review and refine their presentation techniques. A 'Presentation Assessment Form' was prepared (Table A), to evaluate each speaker, and distributed to the audience prior to the commencement of the conference. Evaluation was done on a scale of 1 - 6, 1 being the 'Poorest' and 6 being the 'Excellent', on two aspects of each of the five competencies viz. 1) Content: Planning and Organization. 2) Topic Selection. 3) Quality of Content. 4) Style of Presentation 5) Use of Visual Aids and Tools. The feedback was collated and analyzed to determine the number of positive and negative comments and common themes related to ineffective or poor presentations. A total of 138 assessment forms for each speaker were analyzed, of which 66% remarked positive feedback and 'A' grade for Mr. Eastwood's for the 'Quality of Content' in presentation, as against 29% posi tive feedback 'A' for Mr. Tony Adams, with 'Style of Presentation', being given the most frequent negative grading 'C'. The assessment scheme was evolved after a careful consideration of some important competencies. Since effective presentation is "to present information in ways that influence peoples' attitudes and behaviour" (Verderber, 1997:6), 'Quality of Content' and 'Style of Presentation', were marked as two prime competencies. The importance of 'Para-linguistics' (Hayton, 2005), the non-verbal communication like eye contact, directing voice to all parts of the room etc, cannot be overemphasized. The audience also participated in the presentation, through "feedback on assessed work" which was "perhaps the most commonly mentioned" (Ramsden, 1992; Biggs, 1999) review tool. Additionally, audience participation has also been envisaged in a 'Question and Answer Session'. It was also meant to develop constructive critiquing techniques, by providing the opportunity to the audience to 'identify and assess the style of speech, evaluate the content, judging the weak and strong points of delivery, and be capable of offering quality feedback to the speaker' (Hooper, 2005). Thus developed, after much deliberation and thought, it was hoped that this scheme will affect "the deep processing results in well-structured learning outcomes" (Biggs, 1979; Marton and Saljo, 1976; Trigwell and Prosser, 1991; Watkins, 1983). An example of a Good Presentation: In this conference, Mr. Clint Eastwood's

Wednesday, November 20, 2019

Beauty and the Beast Essay Example | Topics and Well Written Essays - 1000 words - 2

Beauty and the Beast - Essay Example Although there are many versions, this paper will compare and contrast Villeneuve version with that of Disney because of the characters used, setting and plotting. The versions are different in some aspects and at the same time similar. For instance, similarities and differences arises by focusing on the main characters in the story. In the Disney version, the Beast is selfish and whiny who revenged actions of others, such as the woman who refused sheltering . This is contrary to the Villeneuve version where the Beast is unselfish and the only wrong portrayed is refusing to marry his governess. For this reason, I see that the characters in the two versions are different in that one is punished for wrongdoing while the other falls victim of injustices. Similarly, I feel the two versions are different in the way they portray the main character, Belle. In the Disney version, she is the only child of the inventor and lives in France. People love her, and they always bust into songs in her praise. She was the beautiful girl in the village, but unaware of her beauty, making her develop an interest in books and adventuring rather than a housewife.Far rell (315) also supports this observation Contrarily, the Villeneuve versions portray Belle as the youngest daughter of the merchant who lives a luxurious life in the city.Okapina (10) also shares the same sentiments. From all these, one character has different meanings hence confusing the reader as portrayed in the two versions. Secondly, I feel the two versions are different on their expositions. For instance, Disney version names Belle’s father as Maurice and he successfully managed the wood chopping invention making him move to different towns with the hope of winning a prize in fair. However, he got lost on his way back in the woods before coming across the Beast’s castle. In Villeneuve version, the father was referred as the merchant who lost all his wealth because of fire and others taken to pay

Monday, November 18, 2019

Assignment Essay and Discussion Forum in Sociology Week 5

Assignment and Discussion Forum in Sociology Week 5 - Essay Example ed status and achieved status and very often the ascribed status of an individual is â€Å"conferred at birth or received involuntarily later in life, based on attributes over which the individuals have little or no control, such as race, ethnicity, age and gender† (Kendall, p. 105). However, it is possible for an individual to acquire achieved statuses in one’s life with hard work, personal competence, personal choice and successful competition. There is a close link between ascribed statuses and achieved ones; therefore, it should also be kept in mind that factors such as race, ethnicity and gender are most likely to diminish one’s opportunity to reach higher realms of achieved statuses. It can therefore be concluded that people who are privileged by their positive ascribed status are more likely to develop positive achieved status whereas those who are disadvantaged by ascribed status tend to acquire negative achieved status (Kendall, p. 105). For a person who occupies different statuses, it is his master status that dominates over all others and determines his social position. According to Hughes (1945), a person’s master status â€Å"is the most important status a person occupies; it dominates all of the individual’s other statuses and is the overriding ingredient in determining a person’s general social position† (Kendall, p. 105). Factors such as a person’s race, ethnicity and religious identity can very often constitute the master statuses for individuals. In any society or community where racial discrimination, ethnic bias and religious prejudices prevails, the dominant group members tend to â€Å"single out members of other groups as â€Å"inferior† on the basis of real or alleged physical, cultural or nationality characteristics† (Kendall, p. 106). The social identities of ethnic minorities are most likely to be perceived based on their ethnicity or race. Factors su ch as a person’s race, ethnicity and religious identity constitute as the

Saturday, November 16, 2019

Absurdism And Existentialism In Their Novels English Literature Essay

Absurdism And Existentialism In Their Novels English Literature Essay The theme of absurdism used by Franz Kafka and Albert Camus does full justice to bring out the pathos in both The Outsider and The Metamorphosis by Albert Camus and Franz Kafka. They establish the unsettling existence of the both the protagonists. The present situation of the narrators brings to life incidents that justify their unpleasant situations and what they are going through in their respective lives. Where existentialism questions mans existence in a particular social system; absurdist investigates characters that are placed in society that is devoid of God and how syllogism and parody loom large over the entire situation. Hence The Outsider and Metamorphoses have existentialism and absurdism as the philosophical tools that take these stories ahead. In The Outsider, for instance, Mersault does not regret the death of his mother but instead goes to watch a comedy film and indulges in a love affair with his girlfriend while In The Metamorphosis Gregor wakes up to find himself transformed into a vermin and his life changes from that point on. The effect of the absurdism soon takes over the lives of both the characters unwittingly and they are faced with questions about their own existence which makes both the novels existentialist in their themes. Existentialist philosophy in a way proves the importance of human individuality and liberty. Camus concretizes an absurdly dramatic story of a man who has no emotions in him evidently in the opening lines Mother died today. Or maybe yesterday, I dont know. I had a telegram from the home: Mother passed away. Funeral tomorrow. Yours sincerely. That doesnt mean anything. It may have been yesterday. He- does not even feel obliged to justify his reason behind such odd and discourteous avoiding of any emotional involvement. Speaking briefly with the director of the home, Mersault tells him that he did not feel any guilt at having sent his mother away. He even declines an invitation to view the body, but keeps vigil with it overnight, in accordance with the custom. When asked by the undertaker how old his mother was, he replies Fairly, for in truth he doesnt know her exact age. His going for a swim with a woman of his acquaintance at an inopportune time proves once again futility of his life. As an embodiment of absurdism, Mersault doesnt see any need to fulfill or dispel the discomfort from the minds of the people as his nature was very offending to other people. He seemed completely inhuman, and never believed it was important to live up to the expectations of others and follow etiquette. According to me, every human being goes through the kind of unpleasant and embarrassing situations Mersault and Gregor face but it principally depends on how a writer decides to detail and sketch these characters. There is a funeral procession, in the heat of the day, across the parched, sun-drenched landscape, and once again, Mersault is disturbed by the light, the sun, and the heat, and feels unable to concentrate. This uncanny effect to the point of blinding ones vision evinces unjustifiable discomfort Mersault exudes towards the society. The Outsider is set in Algiers, where our protagonist Mersault, who was a bachelor, is leading a life that questions his existence. He does not show any interest in his job and does not believe in socializing with other people around him. As the story goes ahead, the reader gets to see the quirkiness of Mersault towards the world with conflicting emotions that make him commit a deadly crime. This marked nature of Mersault is brought out in the narrative in many incidents in the book; one of them being in chapter four where he is not at all concerned about Raymond torturing his wife. He responds matter of factlyAt about 3 in the morning there was a knock on my door and Raymond came in. I didnt get up. I sat at the edge of my bed. He didnt say anything for a minute and I asked him how it had gone. He told me that he had done what he wanted to do but shed slapped him and so hed beaten her up. Id seen the rest. I told him I thought that this time shed really been punished and he ought to be pleased. Mersaults brusque attitude towards other people around him reckons him as an outcast. I feel that the writers philosophical stance is unique, as he puts immense emphasis on the belief of absurdism and we need to understand what absurdism is ? Absurdist fiction is the manifestation of certain beliefs that dominated the works of a number of playwrights during the middle of the 19th century. This form of fiction implies that in a world that is devoid of God, the existence of human being shall have no strong foundation, it would be meaningless. The absurd elements in such plays and fiction were the fact that man has been thrust into a world where he cannot survive on his own instincts but is maneuvered by a force invisible to him. He is caught up in paradoxical situations and finds no reprieve by communicating or logical action. His actions and dialogues turn out to be a mockery of his own existence. The best part about the narrative is that it does not preach with a message but at the same time does tend to ask us some important questions about humans and their social existence. The narrative is kept simple but is compelling nevertheless. Therefore, the work is a reflection of Camuss moral axiom. Like Camus, Kafka too was existentialist and adapted to an absurdist way in carrying the narrative of his stories ahead as traces of his style are evident in his letter to Max Brod. In Franz Kafkas The Metamorphosis, the absurdist and existentialist elements form the main parts of Kafkas narrative. The story begins with the line When Gregor Samsa awoke from troubled dreams one morning; he found that he had been transformed in his bed into an enormous bug. After realizing that his life would never be the same again Gregor starts realizing certain truths about his existence which had not come to his realization before. He starts to reflect on his own being. Till the day before he had been a hardworking salesman who looked after his family but now he cannot continue the same life anymore. Now after Gregors transformation his parents and sister realize that they shall now have to look after Gregor and start making a living of their own. This leads Gregor into a state of depression which he can only observe but cannot do anything about it. His family is robbed of happiness and normalcy and though they are trying their best to cope with it, their disparity is clearly evident in these lines of the second chapter- Now his sister working with her mother had to do the cooking too; of course that did not cause her much trouble since they hardly ate anything. Gregor was always hearing one of them pleading in vain with one of the others to eat and getting no answer except thanks, Ive had enough or something similar. They all knew the unpleasantness they had to confront but none of them had an answer to it. I think that both the stories are existentialist and absurd in their narratives, and they both create a long lasting impact on readers and create a serious sense of debate about human existence and the acceptance of social rules. The Outsider is a well juxtaposed prose of absurdism and existentialism. Mersault is a social outcast and his further actions only make him an object of ridicule in his own society. One cannot see any kind of redemption for Mersault in his predicament; he is doomed and destined for a fatal end. The parts of the story where Mersault is wallowing in self doubt are existentialist in theme and the parts where he is unsuccessfully trying to find out the answers that can legitimize his actions are absurdist. Kafkas Metamorphoses sees Gregor going through an amalgamation of emotional, physical and mental dilemmas. His physical transformation into a vermin is the main culprit. This transformation creates an emotional and mental mayhem in him. It can be said about Gr egor that he has the answers but is in search of the questions. So, the Metamorphoses begins in an existentialist way but ends with an absurdist plot.

Wednesday, November 13, 2019

Essay --

Comparative policing study is a study that is trying to find new and successful ways to police other countries by feeding off of each other’s ideas and ways of policing. The main goal is to find a global way of policing with little to no flaws, a way that makes policing easier and more efficient for everybody. Reichel, Bayley, and Mawby all have different ideas on comparative policing study and each of their ideas can give you an insight on what are the benefits and risks of the comparative policing study. In Comparative Criminal Justice Systems: A Topical Approach, Reichel states that the benefits of comparative policing are both provincial and universal. The provincial benefit is avoiding ethnocentrism by looking at other ways of working and checking if they might apply to our own systems. And the universal benefit encourages international cooperation and gives practitioners an understanding of how to work in a ‘flat’ world. (Reichel, 2008) An example of a provincial benefit is how many countries have adopted the Japanese police practice of having small local police stations. Cit...

Monday, November 11, 2019

Difficult Task Force Essay

Josà © has been appointed chair of a steering task force to design the primary product line for a new joint venture between companies from Japan, the United States, and South America. The new joint venture company will make, sell, and service pet caskets (coffins) for the burial of beloved pets, mostly dogs and cats. One month earlier, each company had assigned personnel to the task force: From the Japanese company, Furuay Masahiko from Yokohama, assistant to the president of the Japanese company; Hamada Isao from Tokyo, director of marketing from its technology group; and Noto Takeshi from Tokyo, assistant director of its financial management department. From the United States company, Thomas Boone from Chicago, the top purchasing manager from its lumber and forest lands group; Richard Maret from Buffalo, the codirector of the company’s information systems group; and Billy Bob â€Å"Tex† Johnson from Arizona, the former CEO, now retired and a consultant for the compan y. From the South American company, Mariana Preus from Argentina, the head of product design for that company’s specialty animal products group; Hector Bonilla from their Mexico City division, an expert in automated systems design for wood products; and Mauricio Gomes, in charge of design and construction for the plant, which will be located in southern Chile to take advantage of the vast forest there. These members were chosen for their expertise in various areas and were taking valuable time away from their normal assignments to participate in the joint venture. As chair of the task force, Josà © had scheduled an initial meeting for 10:00 A.M. Josà © started the meeting by reviewing the history of the development of the joint venture and how the three company presidents had decided to create it. Then, Josà © reviewed the market for the new high-end, designer pet coffins, stressing that this task force was to develop the initial design parameters for the new product to meet increasing demand around the world. He then opened the meeting for comments and suggestions. Mariana Preus spoke first: â€Å"In my opinion, the current designs that we have  in production in our Argentina plant are just fine. They are topnotch designs, using the latest technology for processing. They use the best woods available and they should sell great. I don’t see why we have to design a whole new product line.† Noto Takeshi agreed and urged the committee to recommend that the current designs were good enough and should be immediately incorporated into the plans for the new manufacturing plant. Josà © interrupted the discussion: â€Å"Look, the council of presidents put this joint venture together to completely revolutionize the product and its manufacture based on solid evidence and industry data. We are to redesign the product and its manufacturing systems. That is our job, so let’s get started.† Josà © knew that the presidents had considered using existing designs but had rejected the idea because the designs were too old and not easil y manufacturable at costs low enough to make a significant impact on the market. He told the group this and reminded them that the purpose of the committee was to design a new product. The members then began discussing possible new design elements, but the discussion always returned to the benefits of using the existing designs. Finally, Tex spoke up: â€Å"I think we ought to do what Mariana suggested earlier. It makes no sense to me to design new caskets when the existing designs are good enough to do the job.† The others nodded their heads in agreement. Josà © again reminded them of the task force’s purpose and said such a recommendation would not be well received by the council of presidents. Nevertheless, the group insisted that Josà © write a memo to the council of presidents with the recommendation to use existing designs and to begin immediately to design the plant and the manufacturing system. The meeting adjourned and the members headed to the golf course at 10:45 A.M. Josà © returned to his computer and started to write the memo, but he knew it would anger the presidents. He hoped he would not be held responsible for the actions of the task force, even though he was its chair. He wondered what had gone wrong and what he could have done to prevent it. Case Questions Which characteristics of group behavior discussed in the chapter can you identify in this case? How did the diverse nature of the group affect the committee’s actions? If you were in Jose’s position, what would you have done differently? What would you do now?

Saturday, November 9, 2019

How Managing with a Global Mindset

How managing with a global mindset adequately addresses some challenges raised by managing in a globalising world. ABSTRACT The globalising world has impacted and raised new challenges for organisations and leaders. Thinking about new perspectives and reframe old paradigms are required and fundamental to leaders succeed in the global competitive environment. This essay will explore how managing with a global mindset are becoming an important competence across boundaries and how it can open doors for thriving businesses worldwide. Table of contents 1.Challenges of managing in a globalising world †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 3 2. Competencies of global leaders †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 4 3. Global versus Local †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 6 4. Global mobility †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 5. Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 6. Bibliography †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 10 2 Managing with a global mindset 1. Challenges of managing in a globalising world The globalisation process promoted significant changes in the businesses environment.In this context, global organisations have been the target of constant and intense transformations, which affect and require redefinitions of the leadership style adopted. These companies need global leaders, who are able to face the demands of a competitive and internationalised market (Adler, Brody and Osland 2001). Many multinational companies are facing a common challenge: the development of leaders able to manage global companies and take advantage of strategic opportunities. But do the global leaders require a set of capacities totally different from those required for national companies?What would be the main difficulties faced by global leaders when they extend their activities outside the domestic market? How does global companies can act in order to promote a global mindset among their leaders and employees? Some key traits of a leader, which can be carried out independently of the position or hierarchical level, has been considered as essential such as integrity, self-confidence, drive, desire to lead, communication, selfconfidence, and the potential to stimulate and capacitate its collaborators in the search for creative solutions and innovative alternatives, besides knowing the business (Kirkpatrick and Locke, 1991).On the other hand, global leadership, in addition to the above-mentioned characteristics, presents differentiated traits like the capacity to appreciate and deal with different cultures, as it is in direct or indirect contact with subsidiaries in other countries and even with main offices located in the same country, but with cultural differences. Additionally, inquisitiveness, self-awareness, capacity to embrace duality among others has been considered as core characteristics to lead global companies (Gregersen, Morrison and Black, 1998).The increased diversity that leaders in global roles need to confront and the challenges of operating over long distances and multiple time zones, often remotely, were seen to have particular significance for the leadership approaches and behaviours required. Higher risks, complexity and uncertainty due to constant changes in 3 Managing with a global mindset political and economic conditions are considered additional challenges that global organisations and leaders must deal with in developing th eir strategy.They need to maximise the benefits and opportunities of operating globally, manage the increased scale and scope that international operations require, build alliances across boundaries and understand international disciplines such as regulations, finance and human resources management that differ from those who operates only nationally. Furthermore, understand the business as a whole in a global context; the competition and market trends are essential for making well-informed business decisions and to stay ahead of the competitors.Managing in a globalising world also requires being innovative and having the courage to challenge the status quo (Gregersen, Morrison and Black, 1998). 2. Competencies of Global Leaders According results of a research carried out among global company leaders, successful leaders had a remarkable global mentality and they see and think about the world in a different way from those who let themselves be discouraged and disheartened in the face of global enterprise challenge. And what would be the essential trait that defines that remarkable mentality?According to Black (2006), it is curiosity and inquisitiveness. â€Å"They seek to try the local food and not international food at some five star hotels. They read the local newspaper, talk to the local residents. † Although this trend in search of new experiences may be an innate trait, and not something that is learnt, nothing prevents the companies from looking for this characteristic at the time of selecting its potential leaders and sending them to an international assignment. Although individual personality traits mould leadership capacities, the company’s culture has an equally vital role.Black (2006) describes what John Pepper, one of the leaders of Procter & Gamble who helped to make the company a global company in the 80s and 90s, did when he arrived in a country where he had never been before: he visited five local families and learned with them how the families washed their clothes, cleaned the house and dealt with the children’s hygiene in that culture. Pepper believed that the experience and real contact with local cultures makes the difference in becoming a global leader. 4 Managing with a global mindsetAccording to Manning (2003), most of the companies admit that technical competencies and organizational experience alone are insufficient criteria for the choice of a global leader. Pursuant to the studies developed by Black and Gregersen (1999), the crucial characteristic for leadership is linked to relationship skills and opening of new perspectives. The process of developing global leaders becomes a challenge, because the understanding of this movement experienced by them collides with personality traits that differentiate them from the rest.And such characteristics directly affect the work relationships and the effectiveness of the cross cultural leadership, the elements of which should be taken into consideration by the organisations for the selection and development of global leadership programs. It is indispensable for the leaders to know that in a scenario of connection and exchange of knowledge and of new management practices, functional and geographic mobility requires a global leader capable of enduring the pressures, constant uncertainties and resisting to the disruption of pre-set standards in order to adapt himself to a new reality.The global leader must have strategic worldwide vision in order to promote changes and capture the market opportunities. Additionally, they need to be adaptable, have capacity for managing uncertainty, ability to balance tensions and to understand people and fundamentally have open-mindedness, which is key for them succeed (Gregersen, Morrison and Black 1998). As Jeff Bezos, founder and CEO of Amazon. com, affirmed: â€Å"We cannot let short term investors and specialists frighten us and prevent us from experimenting†.One of the most redeeming fea tures of the culture of Amazon according to its CEO is the fact that it values experimentation. Bezos believes that it is an important attitude to learn and to innovate as a global company (Business Harvard Review, 2007). Experimentation is also a fundamental competence for global leaders that should explore new ideas, products and markets without fear, even when the return is not immediate. In the past, companies entrusted innovation to a few geniuses at the main office and simply appropriated it.Today, in a globalising world multinationals value and reap the fruits of the inventiveness of their employees wherever they are. 5 Managing with a global mindset 3. Global versus Local Global leadership â€Å"is not about doing business abroad. It's about managing an integrated enterprise across borders where you encounter different cultural, legal, regulatory and economic systems,† says Stephen Kobrin (2007), a Wharton professor of Multinational Management. â€Å"It's about opera ting in multiple environments trying to achieve a common objective. â€Å"No matter what the challenges may be many observers draw the attention to the fact that managing a global company is something very different from managing a domestic company. A German company that operates solely in Germany can be managed in a certain way. However, those in charge of an international company, depending on where it operates, have to review several of their assumptions regarding many things, from the development of the marketing strategies, regulatory framework to the human resources policies. Despite globalisation, â€Å"the world is not flat†.There are many variations in basic things that require adaptations, when leaders ignore them there is a high risk of compromising the company’s performance (Kobrin, 2007). A very good strategy for the company in Germany, based on an absolute understanding of the German market, may not work in Japan. Organisations and global leaders deal wi th the challenge of determining when a global and when a local solution is the most effective way to deliver to market. They need to determine where standards, products and processes need to adhere to worldwide frameworks and where local standards are more appropriate.Kobrin (2007) formulates the question of global leadership and interprets it as a clash with a basic paradigm: the exchange between integration and fragmentation. According his experience it is important to ask: Do the company react in a different way according to the market? Or do they operate the same way no matter where? The way each one reacts to individual markets depends on the common elements to those markets, he adds. In regard to technology, for example, the environment is less important. People use computer chips in the 6 Managing with a global mindset ame way, independently from which culture they belong or the language they speak. Therefore, the problem faced by the global leader is related to the pressure of the balance to be attained when the company has to answer to different markets in a different way, benefiting from the efficiencies of scale. Sometimes tension arouse between the managers from the country of origin and the local professionals. Lack of flexibility in dealing with local demands partly explains why some companies face a series of crisis in their global expansion.The global leaders need to be able to find a balance between the extremes. Believe that the countries are so different that any type of local intervention is impossible, and leave the management totally in the hands of local professionals is not a global strategy. It is crucial to find a balance and understand that there are differences to be respected, but might there are similarities and possible learning on both sides of the border. Empower local subsidiaries and local teams and at same time implement strategies that are globally effective is a huge challenge for global companies and leaders. . Global Mob ility Samsung Electronics, of South Korea, often mentioned as one of the most successful emerging companies, is an example of how a company can transfer world-class resources overseas. The company initially amassed solid experience in the development of products and operations globally. Being one of the most efficient electronics companies in the world used its capacities in large-scale manufacturing and its experience in innovation to launch the brand in new markets like USA and Europe.Next, Samsung invested heavily in research and development and in the global production, increasing even more its participation within the world marketplace. To make this possible, Samsung recruits people from different nationalities from different universities in the world. The company institutionalised its training and development, when it created an internal training centre and implementing a systematic approach to performance management. Moreover, Samsung encourage 7 Managing with a global mindse t transfer of capacities that requires executives who know how to apply tandard practices in diverse countries, contexts and cultures. This integration of markets, resources and talents – an essential element for global growth – does not yet occur in most of the companies, even among those who already do business around the world (McKinsey, 2007). Like Samsung, Shell re-allocates high potential managers placing them in various different positions in distinct sectors of the company, including overseas. To work in various positions overseas during several years is an indispensable part of Shell’s culture, states Mathilde de Boer, consultant of Leadership Development of Shell Learning.Though the employees are sometimes reluctant towards this policy of constant relocation — â€Å"when it comes to couples with each one having their own career, the challenge is even greater†, notes de Boer —, since willingness to travel and live overseas is a fund amental requirement for someone who wants to progress his career. â€Å"When someone decides to move into a higher position, he or she will have to face a job that implies moving to different locations†. The benefits of overseas experience are visible at the time the executives meet for more formal leadership training.As they have experience in many different situations, they quickly pick up new ways of doing things (McKinsey, 2007). According to McCall and Hollenbeck (2002), although global executives should be flexible people, sensitive to cultural differences, capable of dealing with complexities and willing to think globally, they need to develop or improve these competencies through travelling overseas, uniting with international teams, adhering to training programs focused on globalisation and or transfers to other subsidiaries. Training can contribute to global leader’s development and with the process of opening to the new.Aiming to extend the boundaries and re frame the actual mental map. Thus, training should confront the participants with the contrasts found in the world that engage most of their senses for a significant period of time (Black, Gregersen, 1999). Meanwhile, the process of global leaders’ training does not consider only their capacities and qualifications, but also the experiences lived and the lessons learn from their practical day-to-day. 8 Managing with a global mindset Diversify and amplify the leader’s cultural backgrounds may be essential for large multinational organisations that aim to keep or develop their competitive advantage.Manoeuvring across the global environment, spanning diverse countries, cultures and customers’ preferences and expectations, presents significant challenges but also opportunities. For this reason promote global mindset among the leaders through international assignments or rotations through different functions it is important to develop the leaders’ ability to d eal with uncertainty and change, gain a greater understanding of the organisation, develop networks and facilitate the transfer of knowledge across the company and beyond the borders. 5. ConclusionIt is not adequate to define a company as global based on the amount of offices it has overseas. The real measurement to define a company as global is the way in which it perceives the world. It is not only a question of the number of employees working around the world. What is important is the extent of their connection and collaboration with people in other countries. In reviewing the literature it becomes clear that there is a greater understanding about the importance of the strategic role that an effective global leadership plays in facilitating organisations’ ability to compete effectively in a very competitive globalising market.As a consequence many organisations are making particular efforts to tailor development programs to address leaders’ needs, such as encouragin g knowledge sharing and mobilising individuals and teams who have experience and expertise around the world to participate on projects where skills and best practice are transferred. Promoting multicultural training and how to manage international and virtual teams and rotating people through different functions.These methods have been applied to develop leaders’ ability to deal with ambiguity, uncertainty and change. Moreover, develop a global mindset and gain a greater understanding of the organisation to facilitate the transfer of knowledge. 9 Managing with a global mindset As companies are increasingly spreading around the world, it becomes very difficult to build an organisational culture of equally shared knowledge. Organisations need to take a proactive and integrated approach in developing global leaders.They need to be clear about the capabilities required of their global leaders, ensure that development initiatives are appropriate for their needs through regular eva luation and review, and support effective leadership practices and behaviours through all their human resources processes. On the other hand, leaders also need to focus on building their global mindset through an understanding of their own needs and focusing on self-development efforts. They need constantly practice the watching and listening attitude to able to manage potential dilemmas that arise from cultural differences.And make efforts to do not stereotype, recognising and valuing the benefits that differences bring through an open-minded approach. Seeking to bring diverging opinions together and make efforts to promote news ways of doing things. 10 Managing with a global mindset 6. Bibliography Adler, NJ, Brody, LW and Osland, JS 2001, Going Beyond Twentieth Century Leadership: A CEO Develops his Company’s Global Competitiveness Cross Cultural Management, Vol 8. Black, JS, Morrison, AJ and Gregersen, HB 1999, Global Explorers: The next Generation of Leaders, Routledge, New York, NY.Black, JS 2006, The mindset of global leaders: Inquisitiveness and duality. Advances in global leadership, Stamford, CT: JAI Press. Black, JS and Gregersen, HB 1999, The right way to manage expats. Harvard Business Review. Business Harvard Review, 2007, The institutional yes. An interview with Jeff Bezos, viewed on 10/11/11 . Gregersen, HB, Morrison, AJ and Black, JS 1998, Developing leaders for the global frontier, Sloan Management Review. Kirkpatrick, S and Locke, E 1991, Leadership: do Traits Matter, Academy of Management Executive.Kobrin, SJ 2007, What Makes a Global Leader? , The Wharton School, viewed 09/11/11, . Manning, T 2003, Leadership Across Cultures: Attachment Style Influences. Journal of Leadership an Organizational Studies, Winter. McCall, MW, and Hollenbeck, GP 2002, Developing global executives: The lessons of international experience. Boston: Harvard Business School Press. McKinsey 2007, Developing Global Leaders in Latin America, McKinsey Quarterly, viewed 09/11/11, . 11 Managing with a global mindset

Thursday, November 7, 2019

Top 11 Writing Apps for iOS (iPhone and iPad)

Top 11 Writing Apps for iOS (iPhone and iPad) Top 11 Writing Apps for iOS (iPhone and iPad) Top 11 Writing Apps for iOS (iPhone and iPad) By Daniel Scocco Finding the best writing apps for iOS can be challenging. Arguably the best word processor in existence, Microsoft Word, was designed with Windows in mind. Still, developers have answered the call and diehard Apple fans can still find several high-quality writing apps to help them write down their ideas. Whether you need a full-scale word processor or a simple notetaking app, there are several great options for iOS users. 1. Byword If you are writing on mobile or tablet, Byword is one of the best markdown editors out there. It isn’t flashy, it won’t cure cancer, but it will help you write down words. By default, it supports TXT, TEXT, MD, MMD, MARKDOWN, MARKDN, MDOWN, MKDN, MARKD, and Fountain file formats. Another added bonus of Byword is that you can export your finished products as PDFs and HTML documents. 2. Editorial Editorial comes with a little more functionality than Byword. What makes Editorial a great app is the fact that it has features like a built-in multi-tab web browser, Dropbox integration, and more. It also comes with inline preview for taskpaper, markdown, and foundation documents. 3. 1Writer 1Writer is one of the best notetaking apps for iOS. It can easily be downloaded from the App Store for either iPhone or iPad. The app can be used to write down ideas, for research, or to revise past ideas. 4. iA Writer Pro If you are looking for a great, free word processor, iA Writer Pro is the right app for you. This app provides you with all the tools and features you expect from a word processor without the price. By default, it is compatible with both the iPad and iPhone. 5. Pages Pages is Apple’s response to Microsoft Word. Like any app developed by a major company, Pages works as you would expect to. It is also completely compatible with iOS because it was designed specifically for it. Pages is great because it comes with every feature you will need as a writer. If you require a more professional-grade word processor, Pages is exactly what you need. 6. Ulysses What more could you expect from a program that was named after one of the greatest novels ever written? This word processor is compatible with most devices that run on iOS. Ulysses is considered to be one of the best writing apps on the App Store and is used by many professional writers who work on iOS. Why is Ulysses so good? It boasts a simple, yet effective design, is easy to use, has workflow options, a slew of export options, and syncs across the various iOS devices. 7. Werdsmith Werdsmith is another great option for aspiring writers who use iOS. This free app is compatible with both the iPhone and iPad. What makes Werdsmith great is the fact that it is loaded with features, has a great UI, Dropbox integration, and it can even be used on the iPod touch. 8. Bear Bear is another example of a barebones, markdown notetaking app. It won’t blow you away with features, but it does what it does well. This notetaking app is best used for taking notes and writing prose. You can also input your notes into Bear, making it a great app to use to study while you are transiting to and from school. Bear is very easy to use and a great option if you want a free notetaking app. 9. Microsoft Word for iOS Alright, you may be thinking, why are you suggesting Microsoft Word for iOS? One simple reason, because it exists. If you are comfortable with Microsoft Word and all of its features, why change? Microsoft has created an iOS version of their flagship word processor and it works flawlessly. A lot of iOS users make use of Pages because they think it is the go-to word processor for iOS. But, if Microsoft Word is available, why not use arguably the best word processor on the market? 10. Grammarly Sometimes Grammar is hard. Even the best writers will tell you this. Grammarly isn’t an official writing app like the other ones previously listed. Grammarly is a free grammar-checking app that is available on iOS. The free version will help you make basic corrections and improve your grammar, while the paid version comes with even more features. With Grammarly, you will never struggle with spelling, syntax, and sentence structure. 11. Dictionary.com App No one has perfect spelling. We all misspell words and rely on that wavy red line to tell us when we make mistakes. The official Dicitonary.com app is a great choice for writers who want to bolster their vocabulary, check the meanings of new words, and help find synonyms for words that they use too much. What makes this app even better is that it is free and it comes in a lite version. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Freelance Writing category, check our popular posts, or choose a related post below:When to Use â€Å"That,† â€Å"Which,† and â€Å"Who†Yay, Hooray, Woos)

Monday, November 4, 2019

BVC Company Law Assignment Essay Example | Topics and Well Written Essays - 3000 words

BVC Company Law Assignment - Essay Example Tyler from the directorship of the company was valid or otherwise. 3. Winding up proceedings, based on a statutory demand in proper form, have been commenced against the company. The petition has already been advertised and the company’s bank accounts have been frozen. The company wrote to the creditor, when underlying debt was first demanded, stating that the agreement was that the creditor’s invoices were payable after 60 days. I have been informed that the petition was given to a junior employee, who did not understand what it was, and it was not until very recently that Mr Henderson heard of it and immediately contacted the instructing solicitors. They also contend that since the bank accounts are frozen, it is not possible for them to pay off the petitioning creditor. Summary of Advice 4. As a director, Mr. Tyler owed a duty to take reasonable care and caution when dealing with the company’s assets. By misusing the credit cards of the company, he had breache d his duty. The removal of Mr. Tyler can be justified on the basis of his mismanagement of the company’s funds and his general conduct during the period of his directorship. The only problem in this regard is Article 11 of the Articles of Association of the company, where it requires the passing of a special resolution for the removal or appointment of a director. Under CA 2006, a director can be removed by simple majority but with special notice. The brief is silent about the special notice. Thus, a special notice and a chance of hearing to defend against the removal is mandatory before taking the decision of removal Mr. Tyler. Thus, his removal without these prerequisites can be invalidated. In my opinion, although the current directors have a prospect of getting a court decision in their favour, if a claim is brought under unfair prejudice Mr. Tyler can stake a personal claim or derivative claim or a claim for the just and equitable winding up of the company. In my opinion , the best option available to the company and its directors is to offer to buy Mr. Tyler’s shares at a fair rate. 5. With respect to the winding-up petition, Mr Henderson would like to dispute the petition on the basis of his letter to the creditor, when they first demanded the payment explaining that under the company’s standard terms and conditions it has 60 days time lag after receipt of invoices. The petition can be disputed, as the company has a policy to pay its debts within 60 days of receiving the invoice, which can be discerned from the company’s previous transactions. The company can apply for an injunction or an application for the rejection of the insolvency proceedings, but there are chances that the court may issue an order against the company, which will result in additional costs being incurred by them. In my opinion, the best option available to the company is to make an application to the court for the assurance of a validation order so that t he company can pay its outstanding debts. As the company’s accounts are held at one branch and the bank has frozen the bank account, the company can ask for a validation order to allow it to use its accounts to pay off the debts. Removal of Mr Tyler from the Directorship 6. Mr. Tyler was removed from his capacity as a director of the company during the last year, when the other directors decided that Mr.

Saturday, November 2, 2019

Literature Review Example | Topics and Well Written Essays - 1250 words

Literature review Example 80). For example, a 24/7 customer support service is available to customers in case of online businesses which is not there usually in case of traditional businesses. If we talk about online clothing sale business, we can say that it is a wonderful approach towards such business as it provides benefits for both customers and the company in terms of increased convenience for customers and increased customer base for the company. E-retailing actually started in 1997 by Dell computers. Today, there are a large number of companies that are doing their businesses online, such as, The Outnet, E-bay, and Amazon. The Outnet is one of the most successful UK clothing e-retailers. The company operates its business online and offers a wide range of luxury clothing products, such as, bags, shoes, clothes, and other garments to the customers. To ensure efficient working of business processes, the company has implemented an efficient management information system that keeps the business information up-to-date. The information system makes use of information technology tools for the processing of information and generation of reports (Earl 1996). As Oz (2009, p.9) states, â€Å"Information is the lifeblood of any organization†. ... Almost every company having online presence needs to manage the details of business processes and other information in the database in order to carry out the business processes effectively. According to Stahl (2008, p. 1), management information systems promote efficiency and effective control of business processes. The Outnet would have been a failure without the implementation of information system because it is a customer-oriented company and needs to be efficient in managing the information about customers’ orders and payments. Therefore, information management is one of the basic needs of an online retailer company in order to succeed in today’s competitive environment. If we talk about the benefits of online shopping for customers, we can say that customers find it very easy and convenient to do online shopping as it saves them a lot of time, energy, and money in terms of reduced traveling costs. Similarly, in today’s busy world, customers do not have much time to go to stores physically and spend a lot of time to select and purchase clothes. They prefer to do online shopping because they can do it from anywhere and any time. They do not have to dedicate some part of their time for shopping; rather they can do it while doing other personal or professional life activities. For example, people can do online shopping within the break they usually get in office hours. Similarly, a woman can check out latest clothing fashions on the websites of online companies while doing household activities. Moreover, they can also easily search many other alternatives to choose the best bag, a pair of shoes, or any other clothing product. A