International Trade Contracts Essay Example | Topics and Well Written Essays - 2500 words

International Trade Contracts - Essay Example As noted by Hannold, both English law and the CISG maintain that if a sales contract stipulates that the seller deliver the goods to the carrier or buyer at a specific location and time, and if the goods are delivered in the required condition, risk of damage passes from the seller to either the buyer or the carrier (depending on whom they were delivered to).2 In this case, and as is evident from the fact that B contracted directly with C, with S being responsible for the delivery of the wine to C at a specified place (quayside) the risk of damaged passed from S to C. In other words, as per both English law and the United Nations Convention for the International Sale of Goods, B cannot sue S who rightly claimed that his responsibility ended at the quayside. While B cannot sue S, he is entitled to sue C. The validation of the aforementioned assertion necessitates a brief review of relevant CIF terms, English law and case law. In accordance with the CIF contractual matrix, and as further supported by the laws governing marine transport and insurance, inclusive within the parameters of contracts for the maritime transport of goods is a guarantee that the goods will be delivered in the condition that they were originally delivered to the carrier in. In further guarantee of the stated, and as established by both English law and CIF terms, an insurance policy covering the economic value of the transported goods is included within such contracts.3 In direct reference to B's case, the implication here is that upon his entrance into contract with C for the delivery of the wine, and given that the assumption here is that S delivered them to C in the required condition, C is liable for the damages. The fact that B is entitled to hold C liable for the damages to the wine and is in a position to sue him according is further established by English case law. In Bayview Motors Ltd -v- Mitsui Marine and Fire Insurance Co., et al., [2002] the buyer contracted for a consignment of motor vehicles, whose specifications were clearly outlined in the contract. However, the goods he ultimately received were non-confirming consequent to the fact that they had been damaged during shipment. The seller successfully proved that the goods he had delivered to the carrier met the contractual requirements and therefore, established passage of risk. The buyer, thus, sued the carrier and the court found in favour of the claimant and held the carrier responsible for the damages.4 The aforementioned case is immediately relevant to the one at hand, insofar as it invaluably aids in the identification of the party responsible for the damaged consignment. Quite simply stated, passage of risk applied upon S's delivery of the goods to C in the required condition. The fact is that the goods were damaged during shipment and irrespective of whether C or his master of ship knew of the presence of the AFWA, the law is clear: C is responsible for the damages once he took possession of the goods at the quayside and, especially since S delivered them in the required condition. To this extent and given both the parameters of English law and CIF, B is entitled to sue C. (2) Even though, as previously stated, B is not responsible for t

Issues in strategic management Essay Example | Topics and Well Written Essays - 2000 words

Issues in strategic management - Essay Example However, it is essential to distinguish the two basic differences in the strategic management research - while one focuses on the research of the content of the strategic management ideas, the other makes the process of strategic management its object, and also examines the factors, which influence this process. It is interesting to note the expression, which can give and explain the principal roots of the strategic management decision making: Thus, the aim of the research is not only to make the taxonomy of the decision making knowledge in strategic management, but to make it simple, understandable and practical for the use in the further similar researches. Taxonomy is the science of classification of any knowledge, and can be applied to any theoretical or practical field of science. (Porac & Thomas, 1990) Applying taxonomy to the area of strategic decision making has become popular in the recent years, though attempts to systematize the schools of the strategic decision making has been attempted earlier. It was a difficult task to accomplish, as strategic decisions have been described, as being unclear, complex, unpredictable and messy. (Schwenk & Dalton, 1991) The first attempt to create at least approximate taxonomy of the strategic decision making was performed in 1976 by Mintzberg and Theoret, who were able to define the three major phases in this process, and described them as the identification phase, the development phase and the selection phase. (Goodstein et al, 1994) Hart (1992) has also created his own system of strategic decision making processes, and has divided them into five different types - the command mode, the symbolic mode, the rational mode, the transactive mode and the generative mode. The systematization of the knowledge in the area of strategic management decision making is a difficult process, but we will here attempt to create a table on the basis of the existing theoretical schools and to describe them in more detail, which will assist in further application of the knowledge found in literature in future researches and the solution of the practical issues. Taxonomy of the strategic management decision making Name of the theoretical school The author The basic knowledge used The design school model Learned, Christensen, Andrews and Guth SWOT analysis; defines strategy as simple and informative process The planning school Ansoff Makes little emphasis on the concept of strategy as it is; is more concentrated on the detailed plans elaboration The entrepreneurial school Schumpeter Focuses on the CEO role in strategic decision making process The extended design school model Prescribes the CEO's vision to the building of consensus and commitment in the decision making The detailed discussion of the theoretical schools In the light of the abovementioned information and in the view of the table created on the basis of the already existing schools of strategic management thinking and decision making, it is interesting to note, that some strategies use the role of the

The Crusades Essay Example | Topics and Well Written Essays - 1250 words - 1

The Crusades - Essay Example They left for Acre in 1217, and joined John of Brienne, ruler of the Kingdom of Jerusalem, Hugh I of Cyprus, and Prince Bohemund IV of Antioch to fight against the Ayyubids in Syria" (Crusade, Wikipedia). The campaign started with seizes of Damietta, in June, 1218 and they gained little success with conquering one tower outside the city on 25th August. But then epidemic swept through the crusader's camp and one of the many casualties was Robert of Couron. But by November the crusaders were able to capture the sultan's port under Francis of Assisi. He tried to negotiate with the sultan numerous times but failed. Slowly but surely the crusaders were gaining footholds in their campaign and ultimately seized Cairo. But their march to Cairo was proved to be disastrous as it was the flooding season of the Nile and "with supplies dwindling, a forced retreat began, culminating in a night attack by Al-Kamil that resulted in a great number of crusader losses and eventually the surrender of the army by Pelagius. The terms of this surrender meant the relinquishing of Damietta to Al-Kamil and an 8 year peace agreement with Europe in return for the original piece of the cross and the prisoners held from the failed advance on Cairo". (http://en.wikipedia.org/wiki/Fifth_Crusade) The Sixth Crusade: The Emperor Frederick II of Germany had taken the crusading vow when he was young during his coronation ceremonies. And now it was his turn to salvage the holy land. The Kingdom of Jerusalem was ruled by John of Brienne who was actually had been acting as king. Fredric married his daughter Yolanda and started his campaign in 1228. Though Fredrick was barred considerably with internal conspiracies and movements he was able to force Al-Kamil, the sultan of Egypt into negotiation thereby winning the possession of Nazareth, Sidon, Jaffa, Bethlehem, and all of Jerusalem except the Dome of the Rock in February 18, 1229. Fredrick was not allowed to rebuild the wall of Jerusalem, destroyed by Al-Mu'azzam, nephew of Saladin, in 1217 but he entered in to the city victorious and was crowned king on March 18th. But due to constant restraints by the conspirators back home Fredrick left Jerusalem in May and in 1244 when the truce ended Jerusalem was taken by the Mamluks. The Seventh Crusade: The Seventh Crusade was started by King Louis IX of France. For his campaign to recover the holy land King Louis IX became known as Saint Louis later in his life. Some scholars believe that this title was given to him simply because of his great devotion to God and not for his crusade campaign. The Mamluks took possession of Jerusalem in 1244. Louis felt it was his duty to announce his version of Crusade. King Louis IX of

The Relationship between Logistics, Operations and the Environment in Research Paper

The Relationship between Logistics, Operations and the Environment in International Manufacturing Organizations from an Environmental Perspective - Research Paper Example The paper tells that the environmental impacts of the activities of the manufacturing companies have been a major concern for the environmental activists. In this respect, the customers and the organizations have also become more conscious about the negative effects of the manufacturing operations on the ecology of the planet. The operations and logistics of international manufacturing organizations may impact the environment through the type of raw materials used, the production and procurement processes, waste management, and pollutant emissions. The authors have stated that the essence of operations strategy lies in the pattern of decisions which affect the ability of the organization to attain the long-term objectives of the business, manufacturing tasks, and the requirements of the market. One of these decisions is the decision related to the compliance of the activities of the organization to the environmental laws and requirements. The customers, suppliers and other stakeholde rs demand that the manufacturing companies try to minimize the negative effects of their production, operations, and other processes on the environment. This has brought about the increasing concern of the manufacturing organizations about the sustainability of their operations and supply chain through the adoption of the â€Å"green factor† in the supply chains and taking effective steps to conduct their operations and manage their logistics in an environmentally sustainable manner. The pressures on the manufacturing organizations from their stakeholders have made it necessary for these organizations to modify and develop their supply chain and other operational aspects to suit the environment and benefit the society as a whole. The manufacturing industry is an important industry in the advanced and developed world. The focus of the revenue generation in different economies has shifted from agricultural industries to manufacturing industries.

A conversation with my father by grace paley Essay

A conversation with my father by grace paley - Essay Example The entire story is based on the relationship of the two main characters in the story, the writer daughter and her father. The story begins with the father in the center stage and the daughter a mere follower of his directions. As the story progresses, the limelight slowly shifts on to the daughter who creates a story that is impactful and apparently tragic. All through the story, the father and daughter duo share a healthy, communicative, expressive, and genuine relationship as two admirers of life, society, writing, and literature. The father has the air of superiority in his voice since he is considers himself more knowledgeable and a well read fan of literature in Russian and English. This is evident from his tone at: â€Å"With you it’s all a joke,† (Paley, 1994, p.233) The daughter has a more kind and considerate outlook towards the father as her affection towards him forces her to write the same story twice. It is evident from her tone at, â€Å"His heart, that bloody motor, is equally old and will not do certain jobs anymore†¦..†Yes, Why not? That’s possible.† I want to please him.† (Paley, 1994, p.232) She however, dons a corrective role when her father gets cynical about the tragic ending that men and women in society face. She defines her confidence, free-spirited nature and positivity by turning the story into a happy and well meant ending. Overall, it is a good and healthy relationship that the two main protagonists in this story share. To achieve these goals, she has used two stories in between the main story. Her conversation with her father is one story, her simple depiction of a neighbor woman another, and her detailed depiction of the same woman is the third story. While the second and third stories are the same, they are created with an emphasis on writing styles which in the first one was tragic and negative and in the second one was humorous and

Looking at history "from below" Essay

Looking at history "from below" - Essay Example While Europeans may argue that religion was the main objective of their visit for America, it is clear that they exercised oppression and denied the natives of their rights, which can be better described. However, historians have ignored this fact and termed their invasion to America as a mere discovery. From this perspective, it is clear that history has been a subject of bias, influenced by the personal ideas of its authors. Dussell, an Argentine-Mexican liberator philosopher, is among authors who have focused on the subjective nature of history and its implication as far as constructing historical events is concerned. Dussell (126) opens by representing the two sides of the same coin as far as historical opinions are concerned. He argues that history can be analyzed from the top or from below, while considering the position of the writer. Analyzing the analyzing the history of Europeans entry in America from above implies analyzing the opinions presented by the European history. From the perspective of Europeans, their entry into America was either an invention of a country or even its discovery. Invention implies the creation of a country that never existed, while discovery implies the finding of a country that had not been known to exist. On the other hand, approaching history from below, Americans perceive European visitation as uncalled for and the worst form of invasion. From this point of view, h istory suffers subjectivity and the impression that it stands for depends on whether it is analyzed from a â€Å"top† or â€Å"below† approach. Evidently, criticism of history is an issue that has prevailed for many years as scholars identify the voice of the writers within historical recordings. Twain is among author who found fault in historical recordings and expressed the weakness that history has suffered for many years. Twain stated that â€Å"the very ink with which all history is written is merely fluid

Effects of Slavery Essay Example for Free

Effects of Slavery Essay Frederick Douglass and Harriet Jacobson both write their compelling stories on what life was like as slaves during 19th century America. Both narratives define the harsh life of slavery and the unforgiving effects that occurred during their time as slaves. In the same way, both stories reveal the theme of the evils of slavery but also given their different gender roles, their experiences are completely different from one another. While both Frederick Douglass and Harriet Jacobson’s Narratives undergo the corrupt power of slavery in 19th century America and were able to escape, the role of gender in society largely acts as a variance within these two stories. Both Frederick and Jacobs were born into slavery; Frederick’s father most likely being his master, and Jacobs being lucky enough to have both of her parents. Though Jacobs had a safe and guarded childhood, after her parents died she began to see the cruelness of slavery. Frederick learns the evils of slavery earlier on in his life when he witnesses his aunt being horribly beaten by his slave owner. (Notes, 2013) Both characters express their deep hatred for slavery through their narrative themes. In Jacob’s narrative she argues that slavery destroys the standards of slave holders, practically without exception. Jacob describes her feeling when she realizes Dr. Flint has total control over her, â€Å"When he told me that I was made for his use, made to obey his command in everything; that I was nothing but a slave, whose will must and should surrender to his, never before had my puny arm felt half so strong.† (Jacobs, Life as a Slave Girl, IV) Through this, she f eels empowered to rebel against him in acts that later shape her life. Jacobs has a strong hatred to slavery that she shows through her rebelliousness and the chances she takes. Douglass shows his hatred for slavery through his descriptive writing. For instance, he shows his intelligence by simply writing the narrative showing people that he is no animal but an accomplished human being. The fact that he used his real name in his narrative shows his strength against slavery. Douglass believed he was entitled to be treated like a human being and was enraged that he wasn’t treated as such. The physiological abuse slaves went through was unimaginable. When Douglass was given to Edward Covey he was to be â€Å"broken.† Covey took joy in breaking down his slaves until they weren’t â€Å"human† anymore. His job was to take all of the â€Å"life† and joy out of a slave’s life so all they know is work. Douglass states that his, â€Å" natural elasticity was crushed, [his] intellect languished, the disposition to read departed, the cheerful spark that lingered about [his] eye died; the dark night of slavery closed in upon [him]; and behold a man transformed into a brute!† (Douglass, X) Through this quote, one is able to see that he was broken by slavery, and turned into an animal. Jacobs abuse is similar to Douglass’s ex perience with physiological when she realizes that Dr. Flint owns her body. She is tormented by him at any time, as he frequently gets her alone. She is stuck in her situation because she can’t tell anyone to make Dr. Flint stop. She points out that slaves are given no reason to develop a strong moral sense, as they are given no ownership of their own body or final control over any of their actions. Both characters go through a time in their life when a master has â€Å"broken† them physiologically, makes them believe they are less than human. Both characters describe their childhood in completely different ways. Douglass explains the system that slave owners used to â€Å"make a slave.† By cutting off ties with ones parents, especially maternal caring, they are unable to grasp the concept of love and kinship, thus making them more as animals then people. Douglass explains that he never, â€Å"enjoyed, to any considerable extent, her soothing presence, her tend er and watchful care, I received the tidings of [my mother’s] death with much the same emotions I should have probably felt at the death of a stranger.† (Douglass, I) Douglass’s used adjectives like â€Å"soothing† to reinvent the childhood he could have had if he would’ve had his mother in his life. Douglass was robbed of his childhood by the wickedness of slavery and his attitude towards that is shown through his descriptive writing. Jacobs had a very different childhood then Douglass. Jacob’s had a somewhat normal childhood for a slave. Jacob’s was fortunate enough to have both of her parents in her life as well as a brother for amount of time. She was not a victim of being separated from her parents like Douglass. She was also privileged enough to be ignorant of what she had been born into. After her mother’s death, she is taken to her mother’s mistress who teaches her sew, read and write. Though both characters are b orn into slavery, they lead completely different childhoods. Gender dictates the working rolls Douglass and Jacobs were assigned in their time as slaves. Jacob’s was again fortunate to be doing house work as a young girl, most of her time as a slave she acted as a house maid. By being a women Jacob’s wasn’t easily subjected to working a hard day in the field, though field work was in her future when Mr. Flint vengefully sends Jacobs to his plantation. Though she was to work in the fields, such work was only assigned by Mr. Flints feeling towards her having an affair with Mr. Sands. Douglass being a man was subject to much harsher work than Jacobs. Douglass was exposed to hardened slave masters who were cruel to him, and was given harsh beatings. Douglass is deeply emasculated by the hours of work he spends out in the fields, as well as the harsh beatings given by Covey. Douglass becomes capable of only resting as a result of his beatings and extensive hours of work. Douglass describes one of his many beatings in great deta il, â€Å"he lashed me till he had worn out hisswitches, cutting me so savagely as to leave the marks visible for a long time after. This whipping was the first of a number just like it, and for similar offences.† (Douglass, X) Slave men were subject to much harsher work than the women, and these two characters are primary examples of such. Douglass and Jacobs were physically abused, but the context of their abuse was completely different based on their gender. Jacob was subject to Dr. Flint’s frequent sexual harassment. Jacobs was continually taken advantage of sexually during her time under his grasp. Jacob’s narrative is quite focused on the fact that she is a woman when writing about her struggles, â€Å"Slavery is terrible for men; but it is far more terrible for women. Superadded to the burden common to all, they have wrongs, and sufferings, and mortifications peculiarly their own.† (Jacobs, XVI) Her abuse physiologically damaged her, and eventually caused her to have an affair with another man just to escape another’s harassment. Jacobs was never able to truly be a woman of her own, she was constantly pressed by the fact that she was a slave and had no right over her own body. She states in her narrative that her body belonged to Dr. Flint, which was harmful to her. The fact Dr. Flint’s harassment led Jacobs to having an affair with another white man who she was not in love with, and eventually led into her hiding delaying her from mothering her children obstructed her chance for her to be a real woman. Douglass’s abuse was completely different but had the same effect on him; he wasn’t able to be a true man. Throughout Douglass’s narrative and mostly in his time under the control of Covey, he describes how his endurance to become a real man faded. Covey truly broke Douglass and continually states that he was everywhere, â€Å"under every tree, behind every stump, in every bush, and at every window, on the plantation.â₠¬  (Douglass, X) Slavery took every ounce of his will to live; he had no interest in reading, writing, or even escaping to become a free man. The effect slavery left on him shows that as a slave, Douglass was not able to be a real man. While both Frederick Douglass and Harriet Jacobson’s Narratives undergo the corrupt power of slavery in 19th century America and were able to escape, the role of gender in society largely acts as a variance within these two stories. Both characters show that as a slave, they weren’t able to act as a real man or woman. The physical and mental abuse, their childhoods and every aspect of their lives as slaves, hindered them from having a real life for themselves. Though there were similarities in their narratives, their gender truly controlled the course of their lives. Works Cited Douglass, Frederick. I,X, XVI,. Narrative of the Life of Frederick Douglass: An American Slave. New York: New American Library, 1968. N. pag. Print. Jacobs, Harriet A. XVI, IV. Incidents in the Life of a Slave Girl. New York: Oxford UP, 1988. N. pag. Print. Notes, C. (2013, April 10th). Class Notes. Print.