商务契约关系Outcome3

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商务契约关系 outcome3

1a.Explain the duty of careThe meaning of duty of care is no liability for a failure to take due care unless there was a duty to take care in the first place. A duty of care is imposed by both the common law and by statutory law. For example, the provisions of the Health&Safety At Work Act1974. The duty of care is therefore someone whom the defender ought to have contemplated as within sufficient proximity to the defender to be owed a duty of care.you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law , is my neighbour? The answer seems to be : persons who are so closely and directly affected by my act that i ought reasonably to have them in contemplation when i am directing my mind to the acts or omissions which are called into question. In the Donoghue v Stevenson(1932) case, in this case, Mrs. Donoghue bought an opaque bottle of ginger beer for her friends in a cafe in paisley, and the shopkeeper poured some ginger beer over ice cream in a glass which Mrs. Donoghue drank. Then ,her friends find out the decomposed snail in the bottle. Mrs. Donoghue alleged because drunk the contaminated ginger beer, she suffered a serious illness. Because Mrs. Donoghue didn't have a contract with the seller nor with the manufacturer of the goods, So the only saving way is the manufacturer not taking care in the production of the product.( Business Contractual Relationships F84N 34 P279-283)b.Is Carla correct? The common law and statutory law.It not correct, The definition of Common Law Duty is a personal one to take reasonable care for the employee’s safety. He is required to take the same care as a reasonable and prudent employer would take in the same circumstances. This includes a duty to provide safe working premises. And about the Statutory Duty, the main statute here is the Health and Safety At work Act 1974 (HASAWA). This was imposed on earlier existing safety legislation which was not repealed,and so earlier legislation regulating safety in the workplace can still be relevant. And the implied terms are those which are not actually stated, but still impose obligations on the parties, and the reasons such as necessary to make the contract work, obvious or assumed, by custom and practice, by statute.( Business Contractual Relationships F84N 34 P326-329)2. The defences about the contributory negligence and Volenti non fit injuriaAbout the contributory negligence, as well as the above defences, a defender may argue that the pursuer contributed to his or her own losses. And the defender has been negligent but the pursuer’s own actions, in failing to take care for his own safety, have partly contributed to his injuries. For example, in the case about Sayers v Harlow Urban Council (1958), Sayers because of trying to climb out of a faulty locked toilet cubicle, she got hurt. And her actions were not a novus actus interveniens , the local authority was liable. However, because she tried to climb out whilst putting weight on the toilet roll fitting which was fragile, the damages payable were reduced by 25%. In the case, Chris get hurts because of he fell from the ladder he was on , no one help him with the ladder. But the company during him training always say when he do this work need a person to help him to with the ladder. But he don’t ask anyone to help, this is a contributory negligence.The meaning of V olenti Non Fit Injuria , it must be shown that the pursuer freely and voluntarily with full knowledge of the risk involved agreed to take that risk. The defender must establish that the pursuer had free choice and this would not apply if he/she acted out of duty or out of fear of losing his/her job.in the case of Walton&Morse v Dorrington(1977), a secretary worked in an office where colleagues smoked but there was good ventilation. When they were moved to another office without such ventilation the smoke became an irritant and she left when the employers would not make any changes. The employers were held in breach of a duty to provide" a working environment which is reasonably suitable." In the case, this work which Chrisalways do it, Chris know the risk of this work, but he don’t ask anyone to help, causes him fell from the ladder. This is V olenti Non Fit Injuria.( Business Contractual Relationships F84N 34 P300)3. Explain NegligenceNegligence is the most common delict and an action in delict arises where harm is caused carelessly or inadvertently. The law of negligence has developed to protect individuals from physical harm to the person(including psychiatric harm), and to property. Financial interests (with some exceptions) are only protected where the financial loss is consequential to the harm to the person or to property. in the case of Bourhill v Young (1943), the defender drove a motorcycle , and he collided with a car and was killed. The pursuer was on the far side of the tram when the accident occurred and did not witness the accident although she heard it. And she saw blood on the road later, then because of the nervous shock, get a subsequent miscarriage. It was held that it is not the fault of defender, because defender could not have reasonable foreseen, and would causes injury to the pursuer in her position behind the tram, she did not have the relevant proximity to the accident.( Business Contractual Relationships F84N 34 P278)4. Explain what ‘vicarious liability’The definition of the Vicarious Liability , in certain circumstances, someone can be liable for another’s delictual act. This can arise through agency, partnership and employment. Liability is transferred to the person benefiting or gaining by the actions of the wrongdoer(and they are more likely to be able to pay and/ or be covered by insurance).in the case of Lister v Romford Ice and Cold Storage Co(1957), a father and son were employed by the same company. The son , whilst driving a lorry, Knocked over his father who claimed damages from the company. The company's insurers paid the father and then brought a successful action against the son for the amount paid.( Business Contractual Relationships F84N 34 P266-275)5. Which latin maxim proven to successfully bring a claim for negligenceThere have to be three elements present for a delict- damnum, injuria datum- or loss caused by a wrong.As noted above there must be three elements present:Damnum is a loss or injury, such as physical or personal injury, the loss of earnings, nervous shock, distress, damage to a reputation. Loss can include damage to a person(Personal injury), damage to property, financial loss or interference with the peaceful enjoyment of propertyInjuria datum is caused by a legal wrong(wrongful conduct), an act may constitute both a crime and a civil wrong. For example, an assault can be both a criminal offence and a civil wrong. The criminal offence is prosecuted by the state, and damages may be payable after separate civil action by the injured party.Loss caused by a wrong is caused by culpa( fault, intentionally or negligently done) on the part of the wrongdoer. The pursuer should prove: causa sine qua non: a causal link must be established and the breach must be the factual cause of the loss. And causa causans of loss: the legal cause in the sense of the effective or immediate cause. Sometimes there can be two separate causes or a chain of events or several factors: the causa causans has to be found from them.In the case of Barnett v Chelsea and Kensington Hosipatal Management Committee(1969), a man had a cup of tea then persistently vomited for three hours. HE contacted a hospital doctor who told him to go home and see his own doctor. The man died and had in fact been murdered through arsenic poisoning. An action against the doctor for treating the man failed as he would have died anyway-the failure to treat him, although a breach of duty, did not cause the harm.(PPT 39)。

2011的商务契约关系_outcome3

商务契约outcome3Case 1 The Law of DelictCase 1Q1: what is duty of careIn law of delict , that a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foresee ably harm others. It is the first element that must be established to proceed with an action in negligence. The plaintiff (pursuer in Scotland) must be able to show a duty of care imposed by law which the defendant (or defender) has breached. In turn, breaching a duty may subject an individual to liability in tort or delict. The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law).Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.To support these opinions, in the case of Donoghue v Stevenson (1932), where a woman succeeded in establishing a manufacturer of ginger beer owed her a duty of care, where it had been negligently produced. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence.Q2: what standard of care should MRs. McGregor have been entitled to except from DnnyThe standard of care which is expected from Danny is the reasonable care to fix the problem of the brake of Mrs. McGregor’s car. Reasonable care is the standard of care expected of the ‘hypothetical’ reasonable man or woman who is a person of ordinary care and prudence and who is neither overcautious nor overconfident. According to the case, Danny as a reasonable person, he really could foresee the consequence if the brake hasn’t be totally repaired, it would cause serious accident, so he failed to repa ir the brake to take reasonable care.In law of delict , the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances.Because of Nettleship v Weston (1971), held that a learner driver owes the same standard of care to other road users as an experienced driver, as other road users and pedestrians are entitled to expect a certain standard of care.Q3: Do you think that Mrs. McGregor will be able to sue Danny in respect of herinjures and the damage caused to her car?Mrs. McGregor can sue Danny in respect of her injuries and the damage caused to her car because it is essential that the accident caused by Danny’s failing to repair the b rake which led to Mrs. McGregor’s personal injury and damages caused to her car. Then a causal link must be Danny and the breach must be factual cause of the loss. Personal injure is also the delict of negligence and trespass to Mrs. McGregor. On the other hand, the broken of her car in the accident is the delict of trespass to her car. As delict can be repaired by legal remedies, then Danny is obliged to make reparation to pay a sum of damages for Mrs. McGregor.To support the point of view, in the case of Barnett v Chelsea & Kensington Hospital Management Committee (1969), three men attended at the emergency department but the casualty officer, Dr Banerjee, who was himself unwell, did not see them, advising that they should go home and call their own doctors. One of the men are died some after hours later. The post mortem showed arsenic poisoning which was a rare cause of death. It was held that even if the deceased had been examined and admitted for treatment, there was little or no chance that the only effective antidote would have been administered to him in time. Although the hospital had been negligent in failing to examine the men, there was no proof that the deceased's death was caused by that negligence.On the contrary, in the case study the acc ident was caused by Danny’s negligence so Mrs. McGregor can sue Danny in respect of her injuries and the damage caused to her car.Case 2 Liability for animalsQ1: What king of Liability applied to the keeper of an animalPeople who keep animals whether they are dangerous or non-dangerous animals are under a duty of care to prevent harm to other people by their animals. This is a civil liability and is governed by the law of tort meaning that it is concerned with a dispute between two parties, in this case between two individuals and is therefore governed by a civil court.If an animal belongs to a species whose members generally are, by virtue of their physical attributes or habits, likely (unless controlled or restrained) to injure severely or kill persons or animals, or damage property to a material extent, the keeper of the animal is strictly liable for any injury or damage caused by the animal and directly referable to these physical attributes or habitsStrict liability means that the keeper must have taken effective precautions to stop the injury occurring in the first instance. A defender will still be liable even if she has taken reasonable precautions to prevent the animal causing harm.Q2: What precautions should Mark have taken when going for a walk on the country with TrickyWhen Mark took Tricky for walks, he should take some precaution to use the dog leash to prevent chasing. Although Tricky is usually a very well-behaved animal, unexpected situation will still exist. What’s more, Mark could also put a dog mouth-muffle on Tricky to prevent biting. Furthermore, Mark should train Tricky more to be cleverer, which may be the best precaution.Q3: Will mark be able to justify his future to have Tricky on a leadMark will be not able to justify his failure to have Tricky on a lead because he is the keeper of the dog so he has the strict liability for any injury and damage caused by the dog. Although his going by past experience a dog leash is unnecessary precaution, he still needs to take effective precautions to stop the injury occurring in the first instance. Even if Mark has taken reasonable precautions to prevent the animal causing harm, he is still liable.To prove, in the case of Behrens v. Bertram Mills Circus Ltd. (1957), husband and wife, were both midgets and were on exhibition inside a booth in the funfair at Olympia, for which their manager had obtained a license from the defendants, when the booth was knocked down by elephants on their way to perform in the circus ring.A small dog, the property of the daughter of the plaintiffs' manager, which, contrary to regulations, had been brought into the funfair, had run out of the booth, snapping and barking at one of the elephants, which turned and went after the dog; some of the other elephants followed, and parts of the booth fell on the wife who received injuries. It held that the keeper of the dog could not, by taking even the most extreme of precautions, escape liability for damage which it might cause.Case3 Defenses in DelictQ1: A list of five defenses available to a defender in a negligence action Contributory negligenceA defender may argue that the pursuer contributed to his or her own losses. This is known as a plea of contributory negligence and it is used where it is established that the defender has been negligent but the pursuer’s own actions, in failing to take care for his own safety, have partly contributed to his injuries. The onus of proof is on the defender to establish the defense.V olenti non fit injuriaThis broadly tra nslates as ‘to one consenting no wrong is done.’ It must be shown that the purser freely and voluntarily with full knowledge of the risk involved agreed to take that risk. The defender must establish that the pursuer had free choice and this would not apply if he/she acted out of duty or out of fear of losing his/her job. Thedefense of volenti does not apply to passengers in road vehicles and drivers must, by law, have third party insurance cover.Damnum fataleA damnun fatale or ‘Act of God’ would offer a complete defense. This would be some extraordinary event outside the control of man such as an earthquake. Mere heavy rainfall would not constitute a damnun fatale, even if it were exceptional.ImmunityIn certain circumstances individuals have a general exemption to immunity from delictual liability, for example the Queen as an individual, Judges from liability for their judicial acts.CriminalityA duty of care is owed by one participant in a crime to another for acts done in the course of that commission.Q2: In each of the above three situations, which defense to the pursuer’s delictual action will the defender attempt to rely upon in order to escape liability In this situation, it is obvious that Rab will attempt to rely on Jamesie’s criminality to escape liability because it was happen to him to get to Rab’s car in order to escape when his stealing had been found in the house, but Rab was not a great driver and lost the control, as a result of the accident. Thus, Rab had no duty of care for Jamesie. For Jamesie’s criminality, Rab will be able to plead successfully the appropriate defense in this circumstance.To prove the point of view, after an evening's drinking three men committed a burglary and sought to escape in a car owned by one of them. The car crashed and the passenger was injured. He claimed damages alleging negligence against the driver and the car owner. Held, dismissing the claim that as a matter of public policy the law might not recognize a duty of care owed by one participant in a crime to another for acts done in the course of that commission.Q3: Do you think that the defender will be able to plead successfull the approprate defense in each situationssAccording to the case, the bus driver will escape the liability to rely on the defence of contributory negligence because Margaret was not wearing her seat belt at the time of the collision. It is distinct that Margaret’s own action is in falling to take care for her safety, so she has partly contributed to her injury. Thus, the bus driver will be able to successfully plead contributory negligence in this situation.To justify, in the case of Pitts v Hunt[1989] R.T.R. 365, A motor cyclist's pillion passenger, who knew that the motor cyclist had been drinking, did not hold a driving license and was uninsured, encouraged him to drive recklessly and dangerously. Themotor cycle collided with an oncoming car; the motor cyclist died and the pillion passenger sustained serious injuries. In an action for damages for negligence against the motor cyclist's personal representative and the driver of the oncoming car, the pillion passenger claimed that each driver drove negligently and in breach of a duty of care to him. The judge held that the driver of the motor car was not negligent and dismissed the claim against him.Q4: Gavin’ volenti non fit injuryIn this case, the rugby player is not a bit sorry for his actions to Gavin because rugby is contact sport, accidents will happen and anyone who plays the game knows this only too well. What’s more, spectators at dangerous sports are the voluntary attendance at various kinds of sports which carries a reasonably foreseeable risk of injury but this does not cover reckless disregard for the safety of spectators. Thus he could rely on volenti non fit injury to escape liability for Gavin successfully.To support the view, in a well-known case of Morris v Murray [1990] 3 All ER 801 (Court of Appeal), volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realize the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks.。

HND商法导论outcome3PPT课件

any act, carrying on in the usual way, bind
-
10
the firm and their partners.
Advantages :
❖ greater continuity than sole trader ❖ more possible capital contributors than
❖ There are no formal legal requirements for setting up a partnership.
❖ All partners have an equal say in the
running of the business and in decision
making. The acts of every partner who does
❖ To set up as a sole traders does not require any formalities（手续）- .They need not mak5e any business information public.
❖ 有限责任是与无限责任相对而言的，二者是投资者对其投资企业的债务承担责任的形式。
❖ If the business fails, the sole trader is said to have unlimited liability for all debts .
❖ Owner to find all capital
❖ Difficulty to expand because of unlimited liability.
❖ Lack of continuity
❖ Pressure from larger units.

商务契约关系

Generic goods:
1.
Goods which are not specific are unascertained and become ascertained goods when they are identified as the goods.
The contract is not terminated by frustration should the seller‟s supply of goods be destroyed.
Business Contractual Relationship
Unit Code: DE3F 34
Self Introduction

Liu Chang Master of Law – Civil Law Bachelor of Economics – International Trade 1999 – 2001: Teaching in Foundation
2001 – now : Teaching in HND
Introduction to the Upletion of this Unit, the candidate will be able to:
1. Describe the key statutory provisions relating to consumer protection.
Introduction to outcome 1
Knowledge and/or skills : ♦ Sale of Goods Act 1979, as amended ♦ Unfair Contract Terms Act 1977, as amended ♦ Consumer Credit Act 1974 ♦ Trade Descriptions Act 1968

SQA HND 商法 Outcome 3 答题思路.doc

Case Study 11List the main business organizations recognized by Scots Law.知识点：商务组织的分类思路：先说出商务组织分为三大类：sole trader, partnership, company然后partnership具体说有三种:Ordinary/traditional/unlimited partnership 最后说company 具体分为private limited company 和public limited company来源：B5小本资料P272~2732Given the fact that Lisa will be running the business herself and, for the time being, she is unlikely to be employing anyone, how would you classify her business?知识点：sole trader的特点思路：回答问题说Lisa应该建立sole trader,然后解释原因：建立sole trader不需要double taxation、启动资金少、不需要政府相关部门审批等原因打乱写3Identify two advantages and two disadvantages of the type of business organization run by Lisa.知识点：Sole trader的优点和缺点最好是四个优点加四个缺点来源：B5小本资料P272或者A4材料1 P1〜P3推荐用这个材料答案更清晰一下每个优缺点下面有三句解释随机选择一个来写解释上面的小标题Case Study 21What are the main differences between a traditional partnership and a limited liability partnership?知识点：无限合伙人（Unlimited partnership UP & limited liability partnership LLP）和有限责任合伙人之间的区别思路：1,法案不同UP: the Partnership Act 1890 （在A4 材料 1 P287） LLP： The limited liability partnership Act 20002.责任不同UP: Unlimited liability LLP: limited liability3.合伙人名称不同UP: Partners LLP: members4.设立条件不同：UP: there are no formal legal requirements for setting up a partnership LLP: forming an LLP is more expensive and complicated than setting up a unlimited partnership （书上原话记得更改语序等）5.UP: partnership agreement is no necessary to have. LLP: LLP agreement is necessary/must.6.UP: not necessary to reveal LLP: have to/must reveal financial information来源：2版书P198〜P201、3版书P209〜P213；再加上课堂笔记；B5小本资料P290以上6个不同点，随机选四个去答打乱顺序改变语序2What is the main advantage for an existing partnership when it changes to a limited liability partnership?知识点：从无限责任更改成有限责任的最主要的好处是责任的改变思路：回答问题说明最主要的好处是责任的不同然后具体说明两个partnership的责任上有什么不同之处UP:责任是unlimited liability并且是无限连带责任（2版书P199第二段第四行到第六行；3版书P210倒数第三行到P211第一行）LLP:责任是limited liability是因投资额为限（2版书P200倒数第四段全部；3版书P212 第三段全部）3What is the nature of the legal relationship between partners in a firm and members of a limited liability partnership?知识点：法律关系是诚心关系fiduciary relationship思路：回答问题the nature of the legal relationship is fiduciary relationship,然后说partner 代表的是公司和合伙人member代表的是只是公司先例：（A4 资料1P9 中间部分）Law v Law [1905] 1 Ch 140来源：A4资料1P9Case Study 31What is a company9s objects clause?知识点：公司备忘思objects clause的概念（A4资料2 P2总共有两个概念2选1或者写书上的2版P229 倒数第三段3版P241倒数第四段）然后写ultra vires （和公司备忘的概念在同一处）来源：A4资料2 P2、2版书P229倒数第三段3版P241倒数第四段2Does MacGregor have the right to withdraw from the project with Construct it?知识点：Ultra vires rule思路：回答问题：没有权利取消；在现代条款，在不违反法律的前提下，公司经营范围是无限制的；法案是the Company Act 1989&2006； ultra vires rule没意义没有权限限制；Macgregor很难胜诉协议继续履行在历史上有一个old ultra vires rule越权无效原则；写出这个的概念（A4资料2 P3或2版P229 3版P241）；如果法官参照这个原则那么这个project可以被withdraw；但是这是案例法成文法优先于案例法所以法官需要参照成文法MacGregor很难诉赢先例：A4 资料 2 P3-----------------------------------Ashbury Railway Carriage & Iron Co. V. Riche （1875）来源：A4资料2P3； 2版P229、3版P2413Will the legal action by MacGregor shareholders be successful so that the company will be forced to pay out the expected bonuses?知识点：公司章程思路：回答问题：股东不能要求公司进行分红；根据公司章程，股东没有绝对的权利分红; 公司章程的性质是合同，是公司和股东之间&股东和股东之间的合同；股东没有绝对权利要求分红，公司可以不分红，并没有违约先例：Wood v Odessa Waterworks Co （1889）或者Hickman v Kent or Romney Marsh Sheep Breeders Association [1915]二选一（2 版P237> 3 版P250）来源：2版P237、3版P250Case Study 41List three differences between a private company and a public company知识点：两种公司的区别思路：最好列出4个区别至少3个随机选择来源：A4资料2 P1~P2； B5小本资料P309-P3102Can people simply decide to set up any kind of company and begin to trade immediately?知识点：公司设立的条件思路：回答问题：不能自己决定成立公司并且立刻交易；公司不能自己成立，公司成立需要进行注册；公司成立的5步骤；来源：2版P226, 3版P2383What kind of legal status is a company said to have?知识点：公司的法律地位思路：公司的法律地位是legal entity加上legal personality;公司是一个与其股东相分离的独立的法人；先例：Salomon v A Salomon & Co Ltd 1897 （2 版P217~P218、3 版P229-P230）（判决部分从第二段的第六行“However,^后面写到这段结束）来源：2 版P216~P218、3 版P228-P2304What management body is responsible for the day-to-day running of a company?知识点：公司谁responsible思路：Ltd 是所有股东responsible； Pic 是all employee responsible; employee 其中分为managers 和directors5What is the most common type of liability for company members?知识点：公司股东的责任思路：普遍的责任类型是有限责任；限于股东的出资额和股数；来源：2 版P200+P230, 3 版P212+P242注：1. 2版书和3版书得区别在封皮右上角2.A4材料1指材料开头有四行加粗的标题3.A4 材料2 指材料开头为Private limited company vs. Public limited company。

商务契约关系outcome3.doc

商务契约关系oue3

Case 1Question 1At the case Tom and Danny has vicarious liability. The vicarious liability is anexample of joint and several liability as the injured party can sue both the employeeand the employer. So in the case Danny has a duty of care with McGregor.Donoghue v Stevenson【1932】Question 2The standard of care should Mrs McGregor have been entitled to expect from Dannyis the standard of care varies according o the particular circumstances. Something likedriving in a icy conditions would require a greater standard of care than in normalweather conditions. Like the case of Nettleshio v Weston(1971), a learner driverowes the same standard of care to the other road users as an experienced driver, asanother road users and pedestrians are entitled to expect a certain standard of care.From this case Danny must pay more attentions on check and repair the break ofMcGregor‟s car. As a result of, Danny understand if he cannot ensure there has notany worry with the brake of McGregor‟s car, it may make the accident happen. And itwould be a terrible result. But the end Danny did not spend more time on McGregor‟scar, he just worked on it for about 45 minutes. And after that he only tightened somescrews and the problem appeared to have been sorted. That‟s all is Danny didn‟t reachhis s tandard of care.Question 3Question 1The liability applies to the keeper of an animal is The Animals (Scotland) Act 1987Act established provisions to clarify the strict liability for injury or damage caused byanimals-that is liability even without deliberate or negligent conduct. It states that aperson will be liable for any injury or damage caused by animal if three facts all apply:a)The person was the keeper of the animal at the time;b)The animal belongs to a species known as being likely;( i ) to severely injure or kill people or other animals, or( ii ) to materially damage property; andFrom the case Mark was the keeper of the dog. The dog belongs to a species known asbeing likely to severely injury or kill people or other animals. Because of the Animals(Scotland) Act 1987 Mark has strict liability with this accident.The strict liability is a legal doctrine that makes some persons responsible fordamages their actions, belongings or products, regardless of any“fault”on their part.Question 2The precautions should Mark have taken when going for a walk in the country withTricky are:a) take the dog chain; b) Sets a cap on the dog‟s mouth. That may be canhelp Mark and his dog.Question 3No he can‟t.Under the Animals (Scotland) Act 1987, the following defences are available to thekeeper of an animal:if the injury or damage was due wholly to the fault of the pursuereg where the pursuer goaded a docile animal which then attacked the pursuer indefence; where the pursuer has voluntarily accepted the risk ie volenti non fit injuria;injury or damage is caused by the mere fact that the animal is present on a road orelsewhere9 e.g. an animal straying onto a road and so causing a traffic accident )In this case, above three points are not satisfied, so Mark cannot defend for herself.Mark will carry out the strict liability.Another case likeBehrens v. Bertram Mills Circus Ltd【1957】The cases is about the plaintiffs, husband and wife, were both midgets and were onexhibition inside a booth in the funfair at Olympia, for which their manager hadobtained a licence from the defendants, when the booth was knocked down byelephants on their way to perform in the circus ring. A small dog, the property of thedaughter of the plaintiffs‟manager, which, contrary to re gulations, had been broughtinto the funfair, had run out of the booth, snapping and barking at one of the elephants,which turned and went after the dog; some of the other elephants followed, and patsof the booth fell on the wife who received injuries. Evidence was given that thehusband and wife were exceptionally dependants upon each other. The court hold thecircus should have taken precautions to prevent the elephant from causing harm. Sohe circus should be liable for the injury caused to the plaintiff.Case 3Question 1Five defences available to a defender in a negligence action:a)Statutory justificationA person may have a good defence to an action in delict if he can show that hisacts are covered by statutory authority.b)Self-defenceSelf-defence is valid defence if the defender acted to preserve himself, his familyor his property, so long as the act was reasonable and in keeping with the nature ofthe threat. If a blow is struck in response only to verbal attract, there is no defence.c)CriminalityThe pursuer will be unable to claim damages if he and the defender were involvedin criminal activity.d)IllegalitySimilar to the criminality defense, a person will not be able to maintain a cause ofaction if he has to rely on couduct which is illegal or contrary to the public policy.e)Volenti non fit injuriaQuestion 2For the case…a‟, Rab can defend by the defence of criminality. From the statutoryjustification:A person may have a good defence to an action in delict if he can showthat his acts are covered by statutory authority. So Rab can defend because he andJamesie were involved in criminal activity.For example:Ashton v. Turner 1981 RTR 54:The cited isHanlon v. Cuthbertson 1981:A female passenger in a taxi who was injured as a result of an accideng and he taxidriver argued contributory negligence because she was not wearing a seat belt whichotherwise have protected her in the accident. The court hold the pursuer should haveher damages reduced by ten percent as a result of the contributory negligence byherself.Question 3In the case…b‟the bus driver can reduce liability by the defence of contributorynegligence. Margaret should have her damages reduced by 40% as a result becausethe action of the bus driver going across under the traffic light change to amber, didn‟tbreak the law, but Margaret was not wearing her seat belt had broken the law.In case…c‟cannot be successful, because in the sport, the action is normal and legal;actions refer to rule of games. In the case, Knockbuckie‟s behavior was not out ofthose actions in the rule, thus he must be make obligation.。

商务契约outcome 3

Business Contractual Relationships Student: Liu XuaoTutor: Yuan LinClass: BusinessDate: 12.26.2011Case 1Question 1A duty of care is a legal obligation imposed on an individual requiring that it adheres to a standard of reasonable care while performing any acts that could foreseeably harm others. And the first element must be established to proceed with an action in negligence. And the pursuer must be able to show a duy of care imposed by law which the defender has breached. In turn, breaching a duty may subject an individual to liability in delict. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. So in some way, duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within the society.At the case Tom and Danny has vicarious liability. The vicarious liability is an example of joint and several liability as the injured party can sue both the employee and the employer. So in the case Danny has a duty of care with McGregorFor example: Donoghue v Stevenson 【1932 】That is about Mrs. Donoghue had gone to a cafe in Paisley with her friend who bought her an opaque bottle of ginger beer. Mrs. Donoghue has find a decomposed snail in the bottle of ginger beer when her had drunk the beer. Mrs. Donoghue alleged that as a result of having drunk the contaminated ginger beer she suffered a serious illness. Mrs. Dononghue didn’t hav e a contract with the seller nor with the manufacturer of the goods and so was she can possible remedy in delict against the manufacturer on the basis of his fault in not taking care in the production of the product.Question 2The standard of care should Mrs McGregor have been entitled to expect from Danny is the standard of care varies according o the particular circumstances. Something like driving in a icy conditions would require a greater standard of care than in normal weather conditions.Like the case of Nettleshio v Weston (1971), a learner driver owes the same standard of care to the other road users as an experienced driver, as another road users and pedestrians are entitled to expect a certain standard of care.From this case Danny must pay more attentions on check and repair the break of McGregor’s car. As a result of, Danny understand if he cannot ensure there has not any worry with the brake of McGregor’s car, it may make the accident happen. And it would be a terrible result. But the end Danny did not spend more time on McGregor’s car, he just worked on it for about 45 minutes. And after that he only tightened some screws and the problem appeared to have been sorted. That’s all is Danny didn’t reach his standard of care.Question 3Yes, I think McGregor can claim damage compensation. Because this case is belong of the delict of negligence. In the case it is essential that the pursuer proves that the defender’s wrongful negligence has caused harm or injury to the pursuer.In the ca se, because of McGregor’s car brakes failed so the accident was happen. And McGregor also injured in the accident. Before accident she had put her car in the garage to check and repair, but Danny didn’t pay enough attention to check and repair. So Danny’s negligence is the reason why the accident happen and make McGregor injured. And McGregor can give enough proof to prove her car crash is the reason by Danny’s negligence. And the court can according the effective cause to rule that Danny or the garage owner should pay the compensation of damage to McGregor.Case 2Question 1The liability applies to the keeper of an animal is The Animals (Scotland) Act 1987 Act established provisions to clarify the strict liability for injury or damage caused by animals-that is liability even without deliberate or negligent conduct. It states that a person will be liable for any injury or damage caused by animal if three facts all apply:a) The person was the keeper of the animal at the time;b) The animal belongs to a species known as being likely;( i ) to severely injure or kill people or other animals, or( ii ) to materially damage property; andc) The injury or damage is directly related to those physical attributes or habits. The animals species’ known to be likely to injure or kill’ comprise dogs, and certain dangerous wild animals, which may injure by biting, or otherwise savaging, attacking or harrying.From the case Mark was the keeper of the dog. The dog belongs to a species known as being likely to severely injury or kill people or other animals. Because of the Animals (Scotland) Act 1987 Mark has strict liability with this accident.Question 2The precautions should Mark have taken when going for a walk in the country with Tricky are: a) take the dog chain;b) Sets a cap on the dog’s mouth.That may be can help Mark and his dog.Question 3No he can’t.Under the Animals (Scotland) Act 1987, the following defences are available to the keeper of an animal: if the injury or damage was due wholly to the fault of the pursuer eg where the pursuer goaded a docile animal which then attacked the pursuer in defence; where the pursuer has voluntarily accepted the risk ie volenti non fit injuria; injury or damage is caused by the mere fact that the animal is present on a road or elsewhere9 e.g. an animal straying onto a road and so causing a traffic accident )In this case, above three points are not satisfied, so Mark cannot defend for herself. Mark will carry out the strict liability.Case like Behrens v. Bertram Mills Circus Ltd 【1957 】The cases is about the plaintiffs, husband and wife, were both midgets and were on exhibition inside a booth in the funfair at Olympia, for which their manager had obtained a licence from the defendants, when the booth was knocked down by elephants on their way to perform in the circus ring. A small dog, the property of the daughter of the plaintiffs’ manager, which, contrary to regulations, had been brought into the funfair, had run out of the booth, snapping and barking at one of the elephants, which turned and went after the dog; some of the other elephants followed, and pats of the booth fell on the wife who received injuries. Evidence was given that the husband and wife were exceptionally dependants upon each other. The court hold the circus should have taken precautions to prevent the elephant from causing harm. So he circus should be liable for the injury caused to the plaintiff.Case 3Question 1Five defences available to a defender in a negligence action:a) Statutory justificationA person may have a good defence to an action in delict if he can show that his acts are covered by statutory authority.b) Self-defenceSelf-defence is valid defence if the defender acted to preserve himself, his family or his property, so long as the act was reasonable and in keeping with the nature of the threat. If a blow is struck in response only to verbal attract, there is no defence.c) CriminalityThe pursuer will be unable to claim damages if he and the defender were involved in criminal activity.d) IllegalitySimilar to the criminality defense, a person will not be able to maintain a cause of action if he has to rely on couduct which is illegal or contrary to the public policy.e) V olenti non fit injuriaIt is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. It only applies to the risk which a reasonable person wouldconsider them as having assumed by their actions.Question 2For the case ‘a’, Rab can defend by the defence of criminality. From the statutory justification: A person may have a good defence to an action in delict if he can show that his acts are covered by statutory authority. So Rab can defend because he and Jamesie were involved in criminal activity. For example: Ashton v. Turner 1981 RTR 54:After an evening’s drinking three men committed a bur galary and sought to escape in a ca r owned by one of them. The car crashed and the passenger was injured. He claimed damages alleging negligence against the driver and the car owner. The court hold that dismissing the claim that as a matter of public policy the law might not recognize a duty of care owed by one participant in a crime to another for acts done in the course of that criminal commission.I n the case ‘b’, the driver can defend by the contributory negligence. From the contributory negligence, it is common law defence a claim based on negligence, an action in tort. It applies to cases where a plaintiff has, through his own negligence, contributed to the harm he suffered. Because the driver was negligence due then he didn’t know Margaret would come out before and go across when the light change to amber, but the Margaret was negligent too.The cited is Hanlon v. Cuthbertson 1981:A female passenger in a taxi who was injured as a result of an accideng and he taxi driver argued contributory negligence because she was not wearing a seat belt which otherwise have protected her in the accident. The court hold the pursuer should have her damages reduced by ten percent as a result of the contributory negligence by herself.In the case ‘c’, Knockbuckle player who assaulted Gavin can defend by ‘vonlenti non fit injuria’. The vonlenti non fit injuria it is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result; they cannot then sue if harm actually results. It only applies to the risk which a reasonable person would consider them as having assumed by their actions. Because Gavin is able to think of injure when the sporting. It is implies to agree.Question 3In case ‘a’ can be successful, because it is called criminality, they both committed crime, thus Jamessie can escape obligation.In the case ‘b’ the bus driver can reduce liability by the defence of contributory negligence. Margaret should have her damages reduced by 40% as a result because the action of the bus driver going across under the traffic light change to amber, didn’t break the law, but Margaret was not wearing her seat belt had broken the law.In case ‘c’ cannot be successful, because in the spor t, the action is normal and legal; actions refer to rule of games. In the case, Knockbuckie’s behavior was not out of those actions in the rule, thus he must be make obligation.。

HND国际商业组织outcome3

IntroductionThis report basically tells of a company to human aspects of recruitment and salary, contract analysis.Topic1Analyze the organization’s policy for recruitment to senior positions on a global basis.First of all, according to gm development strategy and the tenet, and establish the transfer of "people-oriented" concept as recruitment guiding ideology. Buicks in recruitment process, insist on the premise of two-way choice, still pay special attention to the applicant and corporate performance requirements of identical. Secondly, based on the company's development plan and production construction schedule, formulate staff recruitment plan, from the company's organizational structure, departments’ positions actual requirement, and del aminating, step-by-step recruitment. Again, according to "first-class enterprise, want first-class staff team," the company development target, establish a nationwide selected extensively talent recruitment policy. And according to post hierarchy and nature, pertinently choose different news media release recruitment information, take use media and talent market mainly by recruiting and entrust recruiting combination method. Finally, establish the talents database, unified design job description tables, apply for the registration form.Strict assessment employment program: a, employment personnel must have been evaluated. Second, standardized procedures of evaluation pattern. Three, two relations tradeoff: 1, personality and work skills relationship. 2, the past experiences and developing in the future relationship. Fourth, adhere to the “Rather lack " principle 1Topic2Analyze the salaries in the countries where operations take place.In 2006, is a statistical auto workers in the United States each hour wage comparison:Ford motor: $70.51 dollars per hour (yearly salary of $$141,020 dollars),Gm: $73.26 dollars per hour (yearly salary of $146,520 dollars),Chrysler: $75.86 dollars per hour (yearly salary of $151,720 dollars),While Toyota, Honda and Nissan in American depot: $48.00 dollars per hour (yearly1/corporate/careers/salary of $96,000)American university faculty of average wage is $73,207 dollars salary, including 27% is welfare. Most of the faculty salary, including welfare, probably 9 million dollar, gm workers less than $6,000. Early gm capacity transferred to Mexico's original intention was to reduce costs, in general will fail, workers has urged the cost at lower foreign production return home, this is bound to significantly increase the cost, so, most of us do not expect the future of auto industry, not believing gm's future. 2Topic3Identify variations in labour relations experienced by the organization in the countries where they operate.In social transition process, labor relations tension conflict performance is more outstanding. The 18th century industrial revolution made rapid industrialization development in the meantime, bring a large number of the handicraftsmen unemployment, poor working conditions, primitive exploitation makes the worker's working conditions and living conditions worsen sharply, Labour and capital contradicts intensified. Financial crisis caused by the world economic crisis, which is of export enterprises operating in trouble, labor relationship problems erupted, direct challenge to harmonious labor relations to the construction and development. The economic crisis to the enterprise labor relations impact of mainly displays in: 1. The economic crisis by enterprise bankruptcy or manage difficulty but adopt of downsizing, pay cuts caused panic and employees, triggering a Labour dispute, protests led to labor relations tension, threatening the enterprise internal harmony, rising labor dispute cases. 2. Recruitment management of fair employment, various kinds of discrimination (such as age discrimination, sexual discrimination, source discrimination, census register discrimination, etc.), labor contract is not standard, Salary management of salaries, overtime wages, insurance and welfare, human resources leaving relevant training fee, wage wrangling.3ConclusionThis report can see that every enterprise needs a harmonious labor relations, only perfect recruitment system, suitable salary, welfare will attract talented people enter harmonious labor relations. The company will make staff to work more try my best to accomplish the task of general managers issued, for the company to create greater profit.2/research/US/Country=United_States/Salary3/new/287_294_201012/28yi55126676.shtmlHND Global Business Organisations: F27C 35 Candidate name: Chen TianlunStudent ID: 095194915Tutor: Minggui QuTitle of the project: HR in the company Word count: 618。

HND商务契约关系Outcome2-3

Business Contractual RelationshipsOutcome 2 and 3Candidate Name:Grade and Class:1.Yes. It is aless farorable. The Jeff can be protected by the Employment Rights Act 1996, the Disability Discrimination Act 1995 and the Equality Act 2010.In the case, the Jeff has worked in Mullan Enterprises Ltd for six years, Mr. Murray tells Jeff that he will be moved into another department which means Jeff was controlled by the company, and this is the control test. So Jeff is recognized as an employee, and he can be protected by the Employment Rights Act 1996. In this law, the employee has the right to obtain written terms and document called a contract of employment of terms so that the employee cannot be unfair dismissed.Then the disabled person is defined as a person who has substantial physical or mental disability cannot be competent for routine work. In this case, Jeff was suffering from MS, a degenerative disease which will affect his mobility in the workplace, because of his disease; he was told that he will be moved to another department. MS is a long-term and irreversible disease, so Jeff can be defined as a disabled person. Disabled people are protected against unfavorable treatment and failure by the employ or to adjust workplace reasonable for disabled people. The Disability Discrimination Act 1995 gives disabled people rights in employment and other areas. However, Jeff worked on the fifth floor, and Mr. Murray did not adjust his workplace so he failed to meet the requirement of disabled person and went against the Disabled Discrimination Act 1996.At last the Equality Act 2010 can ensure the equality of chances and protect special group of people. It can also make sure these people are not worried about being unfairly treated even if the employer does not have discrimination act, he/she needs to be aware of these. In this case, Mr. Murray said that Jeff is probably not going to be much use to the company and want to move him to another department which can be considered as unfair treatment, and Jeff’s dignity has been broken. So Mr. Murray went against the Equality Act 2010.2. There are two types discrimination. Direct discrimination is because of the specialnature of some people to give unfair treatment. One person discriminates another person because of difference between them. Indirect discrimination is not a direct difference. But the difference is in the setting of a certain standard to make some people lose their chance. It looks like everyone is equal, but the standard is unreasonable. In the case. Mr. Murray wants to move Jeff to another department because of his disease, Mr. Murray thought that he is no longer useful to the company which harms Jeff’s confidence and Jeff was treated differently from others. Through this can be judged by direct discrimination. When Mr. Murray know Jeff’s disease, he did not make any adjustment for him which will be considered as discrimination treatment and went against the Disability Discrimination Act 1995.3. (2) Julia can be dismissed fairly. By the Supreme Court found that the element of control that employer can exercise over the employee to determine the relationship between them. Firstly, Julia has a written statement of employment with the company. Secondly, Julia has been an employee in the company for 9 years and she is expected to complete a set amount of hours every week which means she is controlled by the company, this is the control test. Thirdly, her company deals with her tax deductions, this is fiscal test, the fiscal test can decide whether the person run business on his/her own account/ personal account or accounts used in the process of work in Hall v Lorner(1992).According to section 98 the Employment Rights Act 1996, a reason is related to an employee’s conduct. Dismissal: a valid reason that they can justify are reasonably in the circumstance. In this case, Julia has worked for 9 years, her ability is good. However, she punched employees in the workplace when training them which will be very serious. In the Act, the employer dismisses an employee because employee has broken the terms of employee’s employment. So Julia can be dismissed. However, the employer should follow a fair disciplinary procedure before dismissing and give employee chance to explain and appeal. Before Julia was fired, she should be told and warned the bad behavior and the employer should tell the employee how serious the behavior was and show the damage to her.4.In the case, the Tom is an accounting in Company E. And in the company he often makes mistakes in these two years. He lead to the lots of financial loss of the company with he provides the false financial information. So the Company E provided Tom two months accounting training. But after training, Tom’s work was bad too. Not long ago, a staff reported the manager that tom hided drugs in the office. The manager found evidence after work. Company E pointed out that Tom’s action damages company’s image. Tom should be dismissed because of his conduct. Tom broke the terms of employee’s employment.In addition, Tom is lack ability to his work, he cannot do accounting, So it is reasonable to dismiss Tom.5.In the case, the Mary is pregnant. She applies for three months of maternity leave. But the company doesn’t approve. If she insists on the maternity leave that the manager need dismiss her. And at the same time the company need to reduce workforce of employees. Mary is selected to redundancy because she is pregnant. Employer wants to dismiss Mary because of maternity leave.But the behavior breaches statutory employment rights. So it belongs to automatically dismissal. Mary is selected because of pregnant, and this also can be classed as an unfair dismissal.。

HND商务沟通outcome3

Summary (2)Introduction (3)Findings (3)Communication Industry (3)Low Carbon Growth in China (5)Update System with Windows 7 (6)Conclusions (8)Recommendations (8)Reference (9)Appendices (10)Appendix A (10)The analysis of all fields' ICT emission reduction effect by GeSI (10)Appendix B (11)RMB of GDP per RMB of ICT investment in OECD countries (11)Appendix C (12)Green consumer segmentation (percentage of all consumers) (12)The purpose of this report is introducing the development of Green ICT in the future and development potential. All the materials in this report is come from Internet and business report’s data analysis.More and more research indicates that Green ICT is benefit strategies for all the country, company and people, and it is benefit for environment. Green ICT is regarded as one of the effective strategies, for many firms, the operating costs savings from reduced energy consumption can leave them with more resources for other vital ICT initiatives. The reason is the more pollution, the worse influence for us. More and more government pay attention on Green ICT indicates that great majority country and people realized the pollution of earth and we need to change our life style to decrease pollution.This report suggests ways to improve company’s level on Green ICT to promote company’s long-term development. This change has improving strategies to adapt the development of society. Then, this report will analyses Green ICT in Communication Industry, Realizing the Potential for ICT enabled low Carbon Growth in China and update to Windows 7 three ways to explain the environment and the need for sustainability, Green business practices, Greener ICT and Customer demand for environment-friendly products.This report recommendation is:a.Reminds people pay more attention on Green ICTb.Promotes the development of Green ICTc.Change their represent ICT to Green ICT, such as: change system toWindows 7, improve technology so that extend product life and so on.The Future of Green ICTIntroductionThe purpose of this report to analyze the influence on company by Green ICT, evaluate the effect of Green ICT and suggest ways to improve company’s level on Green ICT to promote company’s long-term development. Nowadays, more and more person and company pay more attention on Green ICT. More industry pays more attention on Green ICT to decrease the pollution and cost, this is good for long-term development. And government published some policy to manage and decrease high-pollution industry, and limit high-pollution industry develop to protect our environment. So, Green ICT is important obviously, company need to change as Green ICT as soon as possible. The report outlines four points:munication Industryb.Realizing the Potential for ICT enabled low Carbon Growth in Chinac.Update System with Windows 7Some suggestions/recommendation is provided in this report.FindingsCommunication IndustryThe Green ICT’s communication’s most visible benefits are: the reduction in environmental negative impact and cost savings. At present, the energy-saving emission reduction strategies operated by China’s communication industry are lack of technological support, b ut developed country’s communication industry is using Green ICT technologies. Foreign country’s industry has low energy consumption, the huge role in gradual promoting is spread by the applications of ICT in several industries. Recommended energy conservation strategy for China’s communication industry can do it in the same way as foreign. We need change our communication industry strategy by the use of Green ICT and adopt some Green business practices.Recent years, government, international telecommunication organization and telecommunication operating company have researched in different industries to explore methods of energy saving energy. Industry of ICT makes a huge change in some country, ICT helps save energy and promote social development, but also raise the awareness of the role of energy conservation in new areas. Along with the voice of worldwide energy saving, more and more industry starts the research in Green ICT.Some research and date indicates that it is necessary to finish telecommunication’s energy saving.In 2008, GeSI (Global e –Sustainability Initiative) published a report “SMART 2020: Enabling the low Carbon Economy in the information A ge”, explain Green ICT has more than five-times affect.The analysis of all fields' ICT emission reduction effect by GeSIGeSI predicted that until 2020, ICT technology can reduce 15% of worldwide carbon emissions.American department of energy prove from ten years research, technology of Green ICT is more useful than technology now, and predict that until 2030, focus on semiconductor manage smart grid, electronic business, telecommunication and several field can reduce the energy consumption 25% approximately, it is nearly 27.7% of total national energy consumption offset. It is a huge contribution.All the data show that Green ICT in communication industry has a bright futureand it is benefit for environment, company can do some Green business practices on communication of Green ICT, it is good for company in long-term objective.Low Carbon Growth in ChinaLow Carbon is due to hold sustaining economic growth and controlling carbon emissions. China has recognized that ICTs can play an important role in driving low carbon growth. And they take action to reduce carbon growth to protect environment.The most serious problem in environment about earth we face is greenhouse effect, and carbon dioxide is the key point cause greenhouse effect, so we need to reduce the carbon emissions. Energy industry can take action to achieve low carbon growth:a.Develop a firm level inventory of carbon emissions, and understand therole that carbon plays in their organizations. Set down a comprehensive greenhouse gas emission targets, indentify the most effective reduction opportunities.b.Identify opportunities. Let some special staff to evaluate carbon dioxideemission and find the solution.c.Incentives staff to do work in green ways to reduce carbon dioxideemission.d.Set and manage towards to meet a reduction goal is crucial tocommunicating progress to investors and regulators, and to engaging employees, suppliers and customers.But develop low carbon growth need enough funds sustainability, so company need increase profit to develop low carbon growth and adapt long-term development and social demand. Company can increase in ICT asset base creates GDP. From the data indicates that each RMB of increase in ICT asset base creates around RMB 1.6 of GDP per year. From the chart, we know that more and more country realized that ICT can increase GDP.RMB of GDP per RMB of ICT investment in OECO countriesAnd China ranks lower globally in terms of enabling environment for ICT, company can take some Green business practices to increase company completely in long-term. China has a large space to develop in ICT about carbon.Update System with Windows 7Windows 7 is an operating system produced by Microsoft for use on personal computers, including home and business desktops, laptops, netbooks, tablet PCs, and media center PCs. It was released to manufacturing on July 22, 2009, and became generally available for retail worldwide on October 22, 2009, less than three years after the release of its predecessor, Windows Vista. Windows 7 is Greener ICT than windows XP and Vista.Windows 7 update so much system and technology, it help computer save energy and reduce pollution of carbon dioxide. Among Windows 7's new features are advances in touch and handwriting recognition, support for virtual hard disks, improved performance on multi-core processors, improved boot performance,DirectAccess, and kernel improvements. Unlike Windows Vista's many new features, Windows 7 was an incremental upgrade designed to work with Vista-compatible applications and hardware. Presentations given by Microsoft in 2008 focused on multi-touch support, an updated Windows shell with a new taskbar, referred to internally as the Superbar, a home networking system called HomeGroup, and performance improvements. Some standard applications that have been included with prior releases of Microsoft Windows, including Windows Calendar, Windows Mail, Windows Movie Maker, and Windows Photo Gallery, are not included in Windows 7; most are instead offered separately at no charge as part of the Windows Essentials suite.With the increase quality of life level, more and more people understand the important of Green ICT, and pollution of daily life is more and more serious. People realize that environment-friendly products can save energy and reduce daily pollution. To sum up, Green products are gaining in popularity among consumers:From the above chart, we can see that Green products are gaining in popularity among consumers. According to a study by Booz&Co., 10% of consumers are willing to pay a higher price for green products. And another 60% are interested in environmentally sound products, although they are not willing to pay more for them. So we need provide more environment-friendly products as customer demand.Because environment-friendly product is more and more popular, every companyand family was changing their system to Windows 7 as environment-friendly product in their computer and environment-friendly product is more and more popular. The CEO of Microsoft said Windows 7 is the most green and saving-energy system. All the system is easier to use, faster and simpler. It helps user use system efficiency and safety.ConclusionsTo sum up, Green ICT is important for the development of company. Increasing demand for Green ICT innovations will generate global opportunities for company’s ICT businesses and professionals, this is the same as company’s object and goals.Communication industry: do some green business practices as foreign country to reduce energy emission.Low carbon growth in China: to protect environment by low carbon growth in China, and take more keep environmental sustainability.Windows 7: Windows 7 is the Greener ICT than Windows XP and help user more efficiency and easy to use it and this is customer demand.RecommendationsEveryone believes that governments and company can take many actions to encourage ICT-enabled energy efficiency, clean energy innovation, and sustainable growth. Key areas that should be explored in more detail in relation to individual technologies are:a.In telecommunication infrastructure, we can do some networkoptimization to decrease energy emissions.b.In personal computers, we can improvements in power management ofPCs and update system to Windows 7, switch from desktop to laptop computers and from cathode ray screens to LCD screens.c.And extend product life is also important.d.In telecoms devices, do smart chargers and prevent electronic run off,when we don’t use telecoms devices, set low energy standby.Reference1.Baidu Library. Introduction about Green of ICT and Green by ICT.Retrieved June 5, 2013, from http: /view/3f2d064b2e3f5727a5e96227.html (2011). White Paper Green ICT, the Greening of Business (2011). Retrieved June 5, 2013, from http: /p-941614434605.html3.Baidu Library. ICT and Low Carbon Growth in China (2011).Retrieved June 5, 2013, from http: /view/35ccf3d4195f312b3169a5d7.html4. Baidu . Windows 7 (update on June 4, 2013). Retrieved June 5, 2013, from http: /view/761518.htmAppendicesAppendix AThe analysis of all fields' ICT emission reduction effect by GeSIReference: The Climate Group, 2008RMB of GDP per RMB of ICT investment in OECD countriesSource: OECD Productivity Database, September 2005,/statistics/productivity; World Bank Databank; team analysisGreen consumer segmentation (percentage of all consumers)Fig. 1: Booz&Co., Going Green – Addressing Untapped Consumer Potential In The Telecom Industry, 2009.。

HND商务文化与策略-outcome3-4

HND商务文化与策略-outcome3-41: (1) Market PenetrationHere we market our existing products to our existing customer groups. This means increasing our revenue by, promoting the product, repositioning the brand, and so on. However, the product is not altered and we do not seek any new types of customers. It involves an increase in sales of existing products to existing markets-selling more of the same to the same people. It has two methods; the first one is using the existing product break new market to penetrated, the other is offer new products to existing market to penetrate.This strategy has the lower risk and don’t need more investment. It is suitable for the product being in the growth process, when the market is not saturated the business would growth in the market and increased volumes lead to economies of scale, especially for some business which not have some clearly goals and development strategies.(2) DifferentiationIt is the company would offer the unique products or services. Company could use the unique materials or research the new technology or new materials, then make consumers have the better and totally different products or services than competitors. If the AG Company wants to carry out this strategy, it should meet some requirements: First, AG Company need a strong research and develop their capability, the reputation of quality, innovation and technology. It would have the strength of marketing management and a team with high-level research staff, creative staff and high level skill staff. Then the business can make more superior difference than competitors. And the need of consumerswill be various. The main competition is mainly about the product innovation.（3）Cost LeadershipIt involves the firm winning market share by appealing to cost-conscious or price-sensitive customers. And it focuses on efficiency and lower cost. It means business reduce their cost and gain the competitive advantage about lower cost. The company in any market will gain lots of advantages from being able to produce at the lowest cost. A cost leadership strategy is appropriate when the company has its competitive advantages at producing efficiency, and the cost is lowest. It is useful for the product market share is much larger than competitors and the business that could reduce the cost of product through saving the materials, improve the technology, innovation of produce （4）DiversificationThis is where we market completely new products to new customers. There are two types of diversification. The first is related diversification and the second is unrelated diversification. Related diversification means that the company remains in a market or industry with which we are familiar. Unrelated diversification is where the company has no previous experience in the market or industry. This strategy could be used in a company with many competitors in the same industry. And its products are on the stage of market saturation, and not perform as good as other competitor. Then the company could choose to produce new products in a different industry. At last it will attract new consumers and increase the market shares.2: Business strategy includes planning choice, implementation and evaluation that guide the company to gain great profit and success. An inspired and clearly strategy wouldbring about successful, while a weak or unsuitable strategy may result the company astray.Strategic choice is consider the competitive advantage, the influence fromenvironmental, the pressures, and then make a decision about the company future.In Alphabet Game, the strategy may be faced more choice. In this case, we could know that AG Company was a small-size company therefore they chose the cost focus strategy. The main difference between the business strategy and strategic choice is that strategic choice is a step of business strategy not a strategy. But it decided the best choice for organization strategy.3:CurrentFrom the case, we could know that at the beginning, AG Company is a small-size company and lack of differentiation. And it only has fewer clients and low value manufacturing. The company began as three friends in 2001, house research, development and production which rank alongside any of its comparable competitors. According to the case, we could know that the cost focus strategy is most suitable for AG Company. They need cut down the cost by managing the value chain effectively. In AG Company, production cost have tripled in recent years with the introduction of next generation games consoles, the manager could make some decision about cut cost. Finding the new low-cost purchasing channel, purchasing the high quality materials cut the waste, saving the materials, improving the labor skill to improve the working efficiency.As the matter of fact, managers are considering all the possibility to cut down the cost. W ith the development ofindustry, there will be more and more consumers’ demand variety. Therefore AG Company needs to make a change about the strategy to meet new challenges.FutureConsumers need expectations of appearance, movement and behavior has raised the bar in terms of graphic believability and authenticity. These make a request of newtechnique and creative. They should carry out the differentiation strategy to create the totally different products and service to customers aiming to have their competitive edge. AG Company should increase the investment in research and development to create unique goods and services.The new function marketing and educational tools, internet competitive marketing are the unique products offer to consumers. Company used the marketing or educational tools to clients. The rise of internet competitive marketing has also provided substantial opportunities and AG has striven to be at the forefront of that development.4:Consumers need expectations of appearance, movement and behavior has raised the bar in terms of graphic believability and authenticity. These make a request of new technique and creative. They should carry out the differentiation strategy to create the totally different products and service to customers aiming to have their competitive edge. AG Company should increase the investment in research and development to create unique goods and services.The new function marketing and educational tools, internet competitive marketing are the unique products offer to consumers. Company used the marketing or educational tools to clients. The rise of internet competitive marketing has alsoprovided substantial opportunities and AG has striven to be at the forefront of that development.5:After analyzing this case, the better business strategy for AG Company is differentiation. This choice will bring many advantages.The first one is that it could help AG Company make more profits. AG Company select the differentiation strategy, then it will give the consumer a clear reason whychoose them, such as the high-quantity of product and products with unique technology.The second one is that it could improve the innovation ability. AG Company uses the flash game as marketing or educational tools that is a innovation. It not can increase the sale, but increase the innovation competitive advantage which has provide a long-term plan for AG CompanyThe third one is that it will secure the customer loyalty. It makes the substitute goods have no strength in performance. Consumer will continue use this software until the new production appears.The last one is that it will increase the market share of AG Company. According to this case, we can know that there are many competitors in this industry, such as Microsoft and SONY which hit AG deeply. The product saturated lead to the lack market share. Therefore AG should innovate its unique product which has its own feathers like the games used as promotional tool and educational tool. Thus many consumers would become be willing to buy them, and the market share will increase quickly.。

hnd商务文化与策略 outcome3

a. Strategy is getting it right and doing it right. It is very important to organizations. Choosing strategy is direct effect organization’s development and future. And every strategy have advantages and disadvantages, so in the different complex situation, we can adopt different strategies to solve problems. Now I will choose four possible strategies which the organizations may adopt.The first is cost leadership strategy. Cost leadership is the low-cost leader in any market gains competitive advantage from being able to produce at the lowest cost. Company can use low cost strategy defeat the competitors among the marketing environment.The second is differentiation. A competitive strategy that allows a company to sell its products for a premium price. This emphasizes creating superior products, products with unique or more desirable features or design.The third is focus strategy. The generic strategy of focus rests on the choice of a narrow competitive scope within an industry. The focuser selects a segment or group of segments in the industry and tailors its strategy to serving them to the exclusion of others. The focus strategy has two variants. One is in cost focus a firm seeks a cost advantage in its target segment, the other is in differentiation focus a firm seeks differentiation in its target segment.The fourth is diversification. This is where we market completely new products to new customers. There are two types of diversification, namely related and unrelated diversification. Related diversification means that we remain in a market or industry with which we are familiar.b. During the 1980s and 1990s, JD Wetherspoon used broad differentiation strategy. Compare other pubs; JD Wetherspoon is special and different. They sell a wide range o f real ale beers at relatively low price; good quality wine is available; they don’t play music or TV programmers; especially the non-smoking and toilet design.Because its clean comfortable atmosphere and low price high quality products, it bring some benefits to JD Wetherspoon.They provide good services, such as cheap beer, good conversation and solidarchitecture with 24-hours. It is not only attracting more new customers, but also improves the customers’ loyalty. Then the purchases will increase.Their employees have high loyalty and good quality, it is easy to manage and control. Then it will steadily develop the company’s future.Their delicious food and thoughtful service can build a good reputation and good brand image, and maybe the company will become a trend.JD Wetherspoon can expend to help the company increase market share, make more profits.c. In 1980-1990s, business strategy is broad differentiation strategy. While in the 21st century, business strategy is focus differentiation strategy.In 1980-1990s, they don’t play music or watch TV. But in the 21st century, they have plasma screens and it can watch football.In 1980-1990s, the pub just has only one business. But in the 21st century, the pub serve breakfast and begun developing budget hotel accommodation.In 21st century, JD Wetherspoon Removed price incentives to drink larger measures of spirits and reduced the amount of alcohol. But In 1980-1990s, they just sold real ale beers and good quality wine.d. J D Wetherspoon need to consider some factors when change its business strategy. The first is policy. From the case, we can see during 2002-2004, government concern about binge drinking and the consequent ant special behaviors, particularly in city centers. Before changing a policy, they need to concern about whether the new policy could make more profits.The second is internal environment. Because the customers demand increases, J D Wetherspoon should improve employee’s quality, make the service more thoughtful. Before changing a policy, they need to concern about whether the new policy is suits different customers.The third is social. In this case, the supermarket began selling drinks, encourages drinking at home and increase in the number of bars. It increased more competitors.So before changing policy, they need to consider about whether the policy can bring more customers and whether could reduce competition with other companies.e. Business strategy is the plans choices and decisions used to guide a company to greater profitability and success. It should be designed to bring success and avoid failure. Strategy choice is described of deciding which strategies can benefits organization’s future. This strategy decision is very important to company. From the case, in 21st century, J D Wetherspoon adopts the differentiation business strategy. There are some new products like provide a dedicated family dining area and serve the breakfast. The new market was begun developing budget hotel accommodation known as ‘Wetherlodges’. In a compet itive pubs market, J D Wetherspoon is different from other pubs by using this way, it had already open the new market for increasing the competitiveness. It is an attractive pubs for customers. Then this strategy brings more profit for JD Wetherspoon.f. JD Wetherspoon is operating well now, but it still needs to consider some key issues: The one is need to enhance communication between managers and employees. This management method can help managers and employees exchanging their ideas and suggestions. It also can help company deeply develop, improve service and products. For some problems, they can solve these problems at once. The other is needed to consider whether the business strategy is flexible. When the environment changes, the strategy can quickly respond and find a way to constant changes.文案编辑词条B 添加义项?文案，原指放书的桌子，后来指在桌子上写字的人。

(完整word版)HND商务文化与策略-outcome3-4

1：(1) Market PenetrationHere we market our existing products to our existing customer groups. This means increasing our revenue by, promoting the product， repositioning the brand， and so on。

However, the product is not altered and we do not seek any new types of customers. It involves an increase in sales of existing products to existing markets-selling more of the same to the same people. It has two methods； the first one is using the existing product break new market to penetrated， the other is offer new products to existing market to penetrate。

This strategy has the lower risk and don't need more investment。

It is suitable for the product being in the growth process, when the market is not saturated the business would growth in the market and increased volumes lead to economies of scale, especially for some business which not have some clearly goals and development strategies。

(完整word版)HND商务文化与策略outcome3

a. Strategy is getting it right and doing it right。

It is very important to organizations. Choosing strategy is direct effect organization’s development and future. And every strategy have advantages and disadvantages，so in the different complex situation, we can adopt different strategies to solve problems。

Now I will choose four possible strategies which the organizations may adopt。

The first is cost leadership strategy. Cost leadership is the low—cost leader in any market gains competitive advantage from being able to produce at the lowest cost。

Company can use low cost strategy defeat the competitors among the marketing environment.The second is differentiation. A competitive strategy that allows a company to sell its products for a premium price. This emphasizes creating superior products, products with unique or more desirable features or design。

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International Education College Shanghai University of Finance and EconomicsBusiness Contractual RelationshipsOutcome 3Name: Jin ChengYuSCN: 2011665116Date: 2013.06.26Question 1A.Explain the law of delictFor any consequential loss may occur. Violations of the rights act is a civil wrong committed by a person intentionally or negligently violates the legal responsibility for compensation responsibility. Law for three reasons, the responsibility of the damage or loss, caused by the law due to negligence and error.Violations of the right behavior and breach of contract has three differences:First of all, it is the law of another interest of dereliction of duty committed ACTS of infringement, including contract of personal rights. About the origin of responsibility is violated. Contract following the end of the individual rights of volunteering for dereliction of duty.The second point, it is about the purpose of the relief. Specifically for the infringement of tort compensation legally recognized interest, exist independently of the contract.The third point, but the contract to perform, or to perform the contract or compensation don't have to give up the guide does not meet the terms of the contract. It's about failure. Fault is a requirement of wrongdoing in a loss, but the fault is not a contract.There are five types of tort: 1. Illegal behavior. Lead to commercial interests damage, such as the violation of the contract. 2. Business or personal reputation damage, such as business reputation. 3. Personal injury and death, such as the infringement to the SINS of the people. 4. Interference with a person's ownership or possession of the land or personal property, such as tort illegal possession of the land. 5 business or personal reputation damage, such as tort damage the reputation of others.B.Explain negligence and the potential liability resulting from it by means of an example.About the fault, damage generally is in casual between. Is the most common infringement behavior, infringement occurred in without notice. When fault occurs, deliberately without due care was self-defence.Predictability is one of the most widelyaccepted standard to evaluate whether, as a factor in the plaintiff's loss. Duty of care is influenced by both common law and statute law. About duty of care, have a duty to take care in the first time, have a responsibility to not take due care and attention. From a neighbor in principle, people are inadvertently will affect our behavior and practices. Should I let them reasonably in thinking when I guide my ACTS or omissions of the mind and questioned.Example: donoghue v Stevenson (1932)Donoghue lady went to a cafe in paisley and her friend bought her an opaque bottles of ginger beer. Shop owners poured some ginger beer in ice cream in the glass, donoghue women drink. And then her friend pour out the rest of the ginger beer, when she saw a lady donoghue so-called decomposed snail in the bottle. She claimed that, as a result of drinking the contaminated ginger beer she suffered a severe illness. Donoghue woman did not contact the seller or manufacturer's goods, so she is the only remedy in tort for manufacturers according to his fault in not pay attention to the production of the products.Question 2A.In the above case study, outline the specific rules of delict that apply in the employment context.Owe a duty of care, employers must keep work in safe environment Douglas. Task has been broken, the employer does not provide protective clothing, Douglas. After that, a burning piece is able to fly to Douglas, his entire body was lit. Douglas was seriously injured. This causes damage. Because these three conditions are met, negligence can work. Douglas can ask for compensation.B.Outline the defences that Douglas’s employer may put forwardIt's about consent /volenti non fit illegal behavior. If they have a clear hint that agree to them. People don't have the correct action. Must give consent free and full of risks involved in knowledge. Shall not apply to the person of responsibility.Because employers want to protect themselves, so they need to strengthen their owndefence. Douglas damage and lost his job. Boss know that the work is dangerous, but there is still no provide protective clothing for staff. Therefore, the committee may not be supported by the employer.Example: morris v MurrayThe two friends fly a light aircraft over a drink in the afternoon. The plane crashed, the injured passengers to prosecute the pilot's estate. Defence of volenti is successful.C.Explain Douglas’s employer’s duty of careDuty of care is a duty to take care of first of all have a responsibility not to take due care. So, a duty of care is influenced by both common law and statute law. Standards of care are neither too timid or too confident, not based on the defender's personal characteristics. Some specific individual needs more care. This level of care, according to the object is the case. Such as how easy it is to avoid injury. On the other hand, is what a dangerous job. Employer's responsibility is to provide a safe work environment, but the employer has failed to do so. So, his behavior affect employee is very serious. He declined to provide protective clothing and hateful attitude, eventually led to harm Douglas. And it is foreseeable. Unit of choose and employ persons in violation of the duty of care. Employers know risk accident happened before, but not employers avoid and defense it. So, in a word, Douglas employers claim may be required.Bolton v stone (1951)On August 9, 1947, miss stone, the respondent, injured a cricket ball while standing outside her house and a highway. The ball be batter to play in a match cheetham cricket ground adjacent to the highway. The respondent to bring a lawsuit against damages committee and a member of the club - striker ball not the defendant.Hose v Stevenson (1932) to decide whether less scrupulous obligation, the plaintiff or not.。