Using The Body Shop as the company, examine the factors behind any Essay

Using The Body Shop as the company, examine the factors behind any changes that have taken place in the structure or geographical location of its Value Chain in - Essay Example Its stock appeared on London’s Unlisted Securities Market in April 1984, opening at 95 pence. The Body Shop was fully listed on London Stock Exchange in January 1986 and at that time, the company’s stock was selling at 820 pence. The market value of the company had reached at  £350 million ($591 million) by 1991. The journey was not smooth; ups and downs came when Littlehampton manufacturing plants were sold. In the year 2000, manufacturing was outsourced. Even then, the Body Shop commanded the same market value in the year 2004 ( £334 million as of September 2004). The Body Shop’s value chain has expanded vertically and horizontally, transgressing its physical boundaries from the UK and the Republic of Ireland into America, Europe, Middle East, Asia Pacific and Africa. A business system in itself is the value chain of a firm. From business perspective, value is the amount customers are ready to pay for the goods of the firm. A firm’s produce is measured by its total revenue – means the number of units sold times the price. A firm remains in profit only until the total value is above the costs borne by all of the firm’s value activities. Michael Porter uses the term ‘value chain’ for this business system. In an industry, value chain of a company depends on its history, strategy and ways of applying that strategy. The set of activities required to collect inputs, design, manufacture, market, deliver and support the goods and services, creates a generic business value chain. A generic value chain is complete in all value activities with added margin, which comes after subtracting the cost of all activities from the total value. The supplier and channel value chains also carry margins, which are included in the total price paid by the ultimate end-user. (Reimann, The Planning Forum 1989) Michael Porter developed the value chain approach in his

Cubism movement Essay Example | Topics and Well Written Essays - 1250 words

Cubism movement - Essay Example â€Å"Within the first two decades of the 20th century, a new art movement began that was unlike any other—Cubism. Started by Georges Braque and Pablo Picasso, most Cubist works are immediately recognizable due to their flattened, nearly two-dimensional appearance; an inclusion of geometric angles, lines, and shapes; and a fairly neutral color palette†.Imagination and influence of other artists was contagious and spread like the wild-fire! Artists were waiting in the wings, as if to tread the path of this novel mode of art. Additions and subtractions were made to the original conception of Cubism. The great artist Picasso was highly influenced by the works of Paul Cezanne and Jean Dominique. He experimented with ambiguous silhouettes. Next to catch his imagination was primitive and African art. Artists began to don the gowns of mathematicians. Cezanne advised the artists to treat nature in terms of the cylinder, cone and the sphere. Picasso and Braque did further improv ements. After conceiving the totality of the subject, they fragmented and analyzed and then reassembled it in an abstract form. They were criticized and appreciated for their extraordinary experiments—that they abandoned proportions, continuity of life samples and organic integrity and material objects. Critics said that the works looked like a field of broken glass.Notwithstanding the criticism and differences in opinions, Cubism thrived. â€Å"The Cubist emphasized a flat, two-dimensional surface and rejected the idea that art should imitate nature.

The US and Arab-Israeli Diplomacy - 2 exam questions (4 pages each) Essay

The US and Arab-Israeli Diplomacy - 2 exam questions (4 pages each) - Essay Example Ambassadors to the various Middle Eastern countries. The Special Envoy will travel from country to country in the Middle East to achieve the American Agenda in the region. The United States’ position on the Israeli-Arab relations has always been important. The U.S. has backed Israel since Israel became a state. Support for Israel allows the U.S. an ally in the Middle East that has a similar democracy. Saudi Arabia is an U.S. ally, but since Saudi Arabia is a monarch Israel is a more favorable choice. Still the U.S. must not anger the majority of Arab nations in the Middle East, especially since the heavy U.S. military presence in Iraq and Afghanistan. The balance between doing what is right morally by promoting a democratic society and securing a good relationship with oil producing countries is the delicate balance an American Special Envoy must master. In order to achieve the balance of American interests, the Special Envoy has to negotiate with both the Israelis and Arabs. The United States Envoy to Israel must have special qualifications. Without the right qualification an envoy could harm not only Israeli-Arab relations, but harm U.S.-Israel-Arab relations at best and at worst plunge the whole region into a war. Qualifications all U.S. Envoys need are: Any Special Envoy appointed to Israel must address the Palestinian issue. Since Israel withdrew from Gaza, the Palestinians have elected Hamas to be Gaza’s leaders. Since Hamas has been recognized as the United States as a terrorist group, all talks are through the Palestinian National Authority. If Hamas would make concessions, the United States would consider opening talks through the Special Envoy. The recommended plan since 2001’s Mitchell Report for both Israel and Palestinians have been threefold: 2. Rebuilding of confidence in the Palestinian Authority (now the Palestinian National Authority). This

Cubism movement Essay Example | Topics and Well Written Essays - 1250 words

Cubism movement - Essay Example â€Å"Within the first two decades of the 20th century, a new art movement began that was unlike any other—Cubism. Started by Georges Braque and Pablo Picasso, most Cubist works are immediately recognizable due to their flattened, nearly two-dimensional appearance; an inclusion of geometric angles, lines, and shapes; and a fairly neutral color palette†.Imagination and influence of other artists was contagious and spread like the wild-fire! Artists were waiting in the wings, as if to tread the path of this novel mode of art. Additions and subtractions were made to the original conception of Cubism. The great artist Picasso was highly influenced by the works of Paul Cezanne and Jean Dominique. He experimented with ambiguous silhouettes. Next to catch his imagination was primitive and African art. Artists began to don the gowns of mathematicians. Cezanne advised the artists to treat nature in terms of the cylinder, cone and the sphere. Picasso and Braque did further improv ements. After conceiving the totality of the subject, they fragmented and analyzed and then reassembled it in an abstract form. They were criticized and appreciated for their extraordinary experiments—that they abandoned proportions, continuity of life samples and organic integrity and material objects. Critics said that the works looked like a field of broken glass.Notwithstanding the criticism and differences in opinions, Cubism thrived. â€Å"The Cubist emphasized a flat, two-dimensional surface and rejected the idea that art should imitate nature.

Status of Women Empowerment in India Essay Example for Free

Status of Women Empowerment in India Essay Presented By Ankur Sharma Faculty:Institute of Rural Management, Jodhpur Meaning of Empowerment: On an individual level we see empowerment as building confidence, insight and understanding, and developing personal skills, for example, being able to analyze situations and communicate more effectively with others. Meaning of Women Empowerment:Women Empowerment means to inspire women with the courage to break free from the chains of limiting beliefs, patterns and societal or religious conditions that have traditionally kept women suppressed and unable to realize their true beauty and power. Women Empowerment In India:However indian economy is progressing in terms of GDP Per Capita Income but still women empowerment is a big concern for our country.Still conditions of womens are pathetic in our countries. There are many areas where we have to think about seriously should be taken positive steps to eridicate such kind of sociel evils from our society.As being an part of society,its our duty that we should also contribute to the society try to bring awareness among people.we should not underestimate womens just not only the basis of Physical strenth.Rather they are equally competent to us even in terms of their intellectual power or in terms of there emotional intellegence.Here we are discussing some major areas that requires a big concern: Domestic Violance: Domestic violence in India is endemic and widespread predominantly against women. Around 70% of women in India are victims to domestic violence according to Renuka Chowdhury junior minister for women and child development. National Crime Records Bureau reveal that a crime against a women is committed every three minutes, a women is raped every 29 minutes, a dowry death occurs every 77 minutes and one case of cruelty committed by either the husband or relative of the victim. | Domestic violence in India often happens as a result of dowry demands.According to Unicefs Global Report Card on Adolescents 2012, 57% boys in India think a husband is justified in hitting or beating his wife while around 53% girls think that a husband is justified in beating his wife.Domestic violence is known to happen in Upper Class families as well as NRI families. Gender Discrimnation: Infancy to childhood The cultural construct of Indian society which reinforces gender bias against women, has led to the continuation of India’s strong preference for male children. Female infanticide, a sex-selective abortion, is adopted and strongly reflects the low status of Indian women. Census 2011 shows a decline of girl population under the age of seven, with activists estimating that eight million female fetuses may have been aborted in the past decade.The 2005 census shows infant mortality figures for females and males are 61 and 56, respectively, out of 1000 live births, with females more likely to be aborted than males due to biased attitudes. A decline in the sex ratio was observed with India’s 2011 census reporting that it stands at 914 females against 1,000 males, a drop from 927 in 2001 the lowest since India’s independence. The demand for sons among wealthy parents is being satisfied by the medical community through the provision of illegal services of fetal sex-determination and sex-selective abortion. The financial incentive for physicians to undertake this illegal activity seems to be far greater than the penalties associated with breaking the law. Childhood to adulthood (education): Education is not widely attained by the Indian women. Although literacy rates are increasing, female literacy rates lags behind the male literacy rate. Literacy Rate Census of India 2001 and 2011 Comparison Literacy for females stands at 65.46%, compared to 82.14% for males.An underlying factor for such low literacy rates are parents perceptions that education for girls are a waste of resources as their daughters would eventually live with their husbands families and they will not benefit directly from the education investment. Adulthood and onwards: Discrimination against women has contributed to gender wage differentials, with Indian women on average earning 64% of what their male counterparts earn for the same occupation and level of qualification. Discrimination against women has led to their lack of autonomy and authority. Although equal rights are given to women, it may not be well recognized. In practice, land and property rights are weakly enforced, with customary laws widely practiced in rural areas. Women do not own property under their own names  and usually do not have any inheritance rights to obtain a share of parental property. Education and economic development: According to 1992-93 figures, only 9.2% of the households in India were female-headed. However, approximately 35% of the households below the poverty line were found to be female-headed. Education: Though it is gradually rising, the female literacy rate in India is lower than the male literacy rate.Compared to boys, far fewer girls are enrolled in the schools, and many of them drop out.According to the National Sample Survey Data of 1997, only the states of Kerala and Mizoram have approached universal female literacy rates. According to majority of the scholars, the major factor behind the improved social and economic status of women in Kerala is literacy. Under Non-Formal Education programme (NFE), about 40% of the centres in states and 10% of the centres in UTs are exclusively reserved for females. As of 2000, about 0.3 million NFE centres were catering to about 7.42 million children, out of which about 0.12 million were exclusively for girls. urban India, girls are nearly at par with the boys in terms of education. However, in rural India girls continue to be less educated than the boys. According to a 1998 report by U.S. Department of Commerce, the chief barrier to female education in India are inadequate school facilities (such as sanitary facilities), shortage of female teachers and gender bias in curriculum (majority of the female characters being depicted as weak and helpless). Workforce participation: Contrary to the common perception, a large percent of women in India work. The National data collection agencies accept the fact that there is a serious under-estimation of womens contribution as workers. However, there are far fewer women in the paid workforce than there are men. In urban India Women have impressive number in the workforce. As an example at software industry 30% of the workforce is female.They are at par with their male counterparts in terms of wages, position at the work place. In rural India, agriculture and allied industrial sectors employ as much as 89.5% of the total female labour. In overall farm production, womens average contribution is estimated at 55% to 66% of the total labour. According to a  1991 World Bank report, women accounted for 94% of total employment in dairy production in India. Women constitute 51% of the total employed in forest-based small-scale enterprises. One of the most famous female business success stories is the Shri Mahila Griha Udyog Lijjat Papad. In 2006, Kiran Mazumdar-Shaw,who started Biocon one of Indias first biotech companies, was rated Indias richest woman. Lalita D. Gupte and Kalpana Morparia were the only businesswomen in India who made the list of the Forbes Worlds Most Powerful Women in 2006. Chanda Kochher Indias second-largest bank, ICICI Bank, and Morparia is the CEO of JPMorgan India. Land and property rights: In most Indian families, women do not own any property in their own names, and do not get a share of parental property.Due to weak enforcement of laws protecting them, women continue to have little access to land and property.In fact, some of the laws discriminate against women, when it comes to land and property rights. The Hindu personal laws of mid-1956s (applied to Hindus, Buddhists, Sikhs and Jains) gave women rights to inheritance. However, the sons had an independent share in the ancestral property, while the daughters shares were based on the share received by their father. Hence, a father could effectively disinherit a daughter by renouncing his share of the ancestral property, but the son will continue to have a share in his own right. Additionally, married daughters, even those facing marital harassment, had no residential rights in the ancestral home. After amendment of Hindu laws in 2005, now women in have been provided the same status as that of men. Crimes against women: Police records show high incidence of crimes against women in India. The National Crime Records Bureau reported in 1998 that the growth rate of crimes against women would be higher than the population growth rate by 2010.Earlier, many cases were not registered with the police due to the social stigma attached to rape and molestation cases. Official statistics show that there has been a dramatic increase in the number of reported crimes against women. Acid Throwing: The Thomas Reuters Foundation survey says that India is the fourth most  dangerous place in the world for women to live in as women belonging to any class, caste or creed and religion can be victims of this cruel form of violence and disfigurement, a premeditated crime intended to kill or maim her permanently and act as a lesson to put her in her place. In India, acid attacks on women who dared to refuse a mans proposal of marriage or asked for a divorce are a form of revenge. Acid is cheap and easily available and is the quickest way to destroy a womans life. The number of acid attacks have been rising. Sexual harassment: Half of the total number of crimes against women reported in 1990 related to molestation and harassment at the workplace. Eve teasing is a euphemism used for sexual harassment or molestation of women by men. Many activists blame the rising incidents of sexual harassment against women on the influence of Western culture. In 1987, The Indecent Representation of Women (Prohibition) Act was passed to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner. In 1997, in a landmark judgement, the Supreme Court of India took a strong stand against sexual harassment of women in the workplace. The Court also laid down detailed guidelines for prevention and redressal of grievances. The National Commission for Women subsequently elaborated these guidelines into a Code of Conduct for employers. Dowry: In 1961, the Government of India passed the Dowry Prohibition Act, making the dowry demands in wedding arrangements illegal. However, many cases of dowry-related domestic violence, suicides and murders have been reported. In the 1980s, numerous such cases were reported. In 1985, the Dowry Prohibition (maintenance of lists of presents to the bride and bridegroom) rules were framed. According to these rules, a signed list of presents given at the time of the marriage to the bride and the bridegroom should be maintained. The list should contain a brief description of each present, its approximate value, the name of whoever has given the present and his/her relationship to the person. However, such rules are hardly enforced. A 1997 report claimed that at least 5,000 women die each year because of dowry deaths, and at least a dozen die each day in kitchen fires thought to be intentional. The term for this is bride burning and is criticized within India itself.  Amongst the urban educated, such dowry abuse has reduced considerably. Child marriage: Child marriage has been traditionally prevalent in India and continues to this day. Historically, young girls would live with their parents until they reached puberty. In the past, the child widows were condemned to a life of great agony, shaving heads, living in isolation, and shunned by the society.Although child marriage was outlawed in 1860, it is still a common practice. According to UNICEF’s â€Å"State of the World’s Children-2009† report, 47% of Indias women aged 20–24 were married before the legal age of 18, with 56% in rural areas.The report also showed that 40% of the worlds child marriages occur in India. Female infanticides and sex selective abortions: India has a highly masculine sex ratio, the chief reason being that many women die before reaching adulthood.Tribal societies in India have a less masculine sex ratio than all other caste groups. This, in spite of the fact that tribal communities have far lower levels of income, literacy and health facilities.It is therefore suggested by many experts, that the highly masculine sex ratio in India can be attributed to female infanticides and sex-selective abortions. Ultrasound scans have been a major leap forward in the care of mother and baby, and with them becoming portable, these advantages have spread to rural populations. However, ultrasound scans can often reveal the sex of the baby, allowing pregnant women to decide to abort female foetuses and try again for a male child. This practice is usually considered to be the main reason for the change in the ratio of male to female children being born. In 1994 the Indian government passed a law forbidding women or their families from asking about the sex of the baby after an ultrasound scan (or any other test which would yield that information) and also expressly forbade doctors or any other staff from giving that information. However, in practice this law (like the one forbidding dowries) is widely ignored, and levels of the abortion on female foetuses remain high and the sex ratio at birth keeps getting worse. Female infanticide (killing of girl infants) is still prevalent in some rural areas.Sometimes this is infanticide by neglect, for example families may not spend money on critical medicines or even just by withholding care from a  sick girl. The abuse of the dowry tradition has been one of the main reasons for sex-selective abortions and female infanticides in India. Trafficking: The Immoral Traffic (Prevention) Act was passed in 1956. However many cases of trafficking of young girls and women have been reported. These women are either forced into prostitution, domestic work or child labour. Other concerns: Health: The average female life expectancy today in India is low compared to many countries, but it has shown gradual improvement over the years. In many families, especially rural ones, the girls and women face nutritional discrimination within the family, and are anaemic and malnourished. The maternal mortality in India is the second highest in the world. Only 42% of births in the country are supervised by health professionals. Most women deliver with help from women in the family who often lack the skills and resources to save the mothers life if it is in danger. According to UNDP Human Development Report (1997), 88% of pregnant women (age 15-49) were found to be suffering from anaemia. Family planning: The average woman in rural areas of India has little or no control over her reproductivity. Women, particularly women in rural areas, do not have access to safe and self-controlled methods of contraception. The public health system emphasises permanent methods like sterilisation, or long-term methods like IUDs that do not need follow-up. Sterilization accounts for more than 75% of total contraception, with female sterilisation accounting for almost 95% of all sterilisations. Sex ratios: India has a highly skewed sex ratio this is attributed to the practice of sex selective abortions which kills approximately one million baby girls per year.The government stated that India is missing three million girls in 2011 and there are now 48 fewer girls per 1,000 boys than there were in 1981. Sanitation: In 2011 a Right to Pee (as called by the media) campaign began in Mumbai, Indias largest city.Women, but not men, have to pay to urinate in Mumbai, despite regulations against this practice. Women have also been sexually assaulted while urinating in fields.Thus, activists have collected more than 50,000 signatures supporting their demands that the local government stop charging women to urinate, build more toilets, keep them clean, provide sanitary napkins and a trash can, and hire female attendants.In response, city officials have agreed to build hundreds of public toilets for women in Mumbai, and some local legislators are now promising to build toilets for women in every one of their districts. Notable Indian women: Education: Savitribai Phule was a social reformer who along with her husband, Mahatma Jotiba Phule played an important role in improving womens rights in India during the British Rule. Savitribai was the first female teacher of the first womens school in India and also considered as the pioneer of modern Marathi poetry. In 1852 she opened a school for Untouchable girls. Arts and entertainment: Singers and vocalists such as M.S. Subbulakshmi, Gangubai Hangal, Lata Mangeshkar and Asha Bhosle are widely revered in India. Anjolie Ela Menon is one of the famous painters. Sports: Although the general sports scenario in India is not very good, some Indian women have made notable achievements in the field. Some of the famous female sportspersons in Indian include P. T. Usha, J. J. Shobha (athletics), Kunjarani Devi (weightlifting), Diana Edulji (cricket), Saina Nehwal (badminton), Koneru Hampi (chess) and Sania Mirza (tennis). Female Olympic medalists from India include weightlifter Karnam Malleswari (bronze, 2000), Saina Nehwal (bronze, 2012), and boxer Mary Kom (bronze, 2012). Politics: Through the Panchayat Raj institutions, over a million women have actively entered political life in India.As per the 73rd and 74th Constitutional Amendment Acts, all local elected bodies reserve one-third of their seats for women. Although the percentages of women in various levels of political activity has risen considerably, women are still under-represented in  governance and decisionmaking positions. Literature: Many well-known women writers are in Indian literature as poets and story writers. Sarojini Naidu, Kamala Surayya, Shobha De, Arundhati Roy, Anita Desai are some of them. Sarojini Naidu is called the nightingale of India. Arundhati Roy was awarded the Booker Prize (Man Booker Prize) for her novel The God of Small Things. we have to understand that without empowering women in india we can not compete amongest developed countries.Most of the women thinks that if they are getting respect in family or from husband,they are empowered.But this misconception should be removed from our society. Women in India feel proud to display that they are well protected and pampered by their husbands without realizing that they are making themselves helpless. Such womens economic literacy is so low that they cannot play any role in familys decision regarding familys budget, savings and investments. To such women, the national budget discussion is for men only and soap operas are for them. Such women su ffer a lot if something untoward happens to their husbands. This type of extreme dependency is not good for the development of women. Women should remember that they are also rational, intelligent and thinking human beings. Dependent women are not empowered women. If modern women think that they are empowered, its a myth for them. Empowerment means to inspire women with he courage to break free from the chains of limiting beliefs, patterns and societal or religious conditions that have traditionally kept women suppressed and unable to realize their true beauty and power. In India, the empowerment process has already begun. We are now witnessing a steady improvement in the enrollment of women in schools, colleges and even in profession institutes. Their health is better as compared to earlier decades. In this decade, women are entering into the job market in increasing numbers. They are showing their skills even in non-traditional sectors like police, defence, administration, media and research fields. Twenty-six laws have been enacted so far to protect women from various crimes. The recent law on the protection of women against domestic violence satisfies the long pending demand of the women activities. In the political field, the reservation for women is a significant step forward towards their political empowerment. When thirty-three percent reservation for women in Parliament becomes a reality,  womens voice will be heard in the highest forum of democracy. The day, women of India will reach zenith in their empowerment. But a lot of work has to be done as there is a category of women (who consider themselves highly educated) that proudly accepts that they dont have digital literacy even though they own a computer, they cannot even operate bank accounts or make travel arrangements for family or handle hospital admissions even during emergencies. Even for a simple task like social visits or shopping generally they need the company of their husbands. Conclusions: Empowerment by itself may not place women on an equal footing with men. The greatest need of the hour is change of social attitude to women. Take the classic case of dowry. Dowry is still rampant in a virulent form even among the highly educated a girl may be, dowry is still demanded. Women’s empowerment means a lot, but the ultimate goal of the equalization of man and woman would materialize only when her complementary role is recognized by the society. Sources: A)Women in India: wikipedia.org/wiki B)Publish your Article.com,Writer : MrMaahir Virani C)Data for Domestic ViolanceMrs Renuka Chowdhery,Junior Minister for Women Child Development. D)Data for Education and Economic Development:National Sample survey data 1997. E) Workforce Particiaption:1991 World Bank Report. F)Acid Throwing:The Thomas Reuters Foundation Survey.

Contract Law Advice Style Answer

Contract Law Advice Style Answer Arron and Tracy have entered into three different types of contracts. Firstly, there is a contract for sale of goods between Tracy and HAL[1] for the purchase of the coffee machine. Secondly, there is a contract for service among Arron and Matthew for the decoration of the hallway. Then, there is a contract for sale of description between the Arron and the dog-seller for the purchase of dog. The contracts appeared to be consumer contracts, since they satisfied the requirements established under the Unfair Contract Terms Act[2]. Section 12[3] states that a person dealing under a consumer contract is when one party performed in the course of a business and not the other party. Moreover, the goods in consideration must be ‘of a type ordinarily supplied for private use’.[4] Section 2(1) of the Sale of Goods Act[5]states that for a consumer contract to exist there must be ‘a money consideration’. In application, it is clear that Arron and Tracy are consumers, whi ch are not acting in the course of the business, but we cannot say the same for the other parties. In the cases of Stevenson[6] and R B Customs[7], the term ‘in the course of a business’[8] is wisely explained, it is clear that the other parties who contracted with them are included. THE LUXURY COFFEE MACHINE* The purchase of the luxury coffee falls under the implied terms of s. 14 SGA[9], which says that the goods supplied must be of â€Å"satisfactory quality†. Under S.14 (2A)[10], the test is that of ‘a reasonable person’ would regard as satisfactory. Thus, when the coffee machine was bought no one will expect it to burn hands and to be unsafe (considering the criteria in s.14 (2B)[11] of the act. Here, it includes safety as per s.14 (2B) (d)[12]. Indeed, the General Product Safety Regulations 2005[13] has included electrical equipment as having a requirement to be safe, by being properly insulted. However, this is not the case when the coffee machine becomes too hot which is clearly unsafe. It is clear though that s.14[14] is in breached since the product supplied burnt hands by becoming too hot. Consequently, Tracy can return or ask for a refund of the price ( £150) and damages. Nevertheless, in order to entitle to this, it must be established that Tracy has not â€Å"accepted† the product. Otherwise, if it has taken place the remedy is damages only which will be under s.11 (4).[15] Furthermore, s.35 (4)[16] says that acceptance occurred when a buyer retain the goods for a certain period of time without intimating to the seller that she rejected it. The question of time had an extensive discussion about how long and what actually is a reasonable time. It was first established under the case of Bernstein[17], under which there was a maximum of 3 weeks. However, it was later replaced by Clegg[18] the actual law which provides a period of 7 months. In application, Tracy is visibly within the time limit, as she rejected the offer when she returns the coffee machine back to HAL. Furthermore, since Tracy paid the coffee machine with her credit card, she may have additional rights under the Consumer Credit Act 1974[19]. In fact, she enters into a consumer credit agreement which is defined under s.8 (1)[20] as an agreement between an individual and the creditor by which the creditor provides the debtor with credit of any amount. In application, this is the case when Tracy paid the product with her credit card define as ‘financial accommodation’ under s.9[21]. It was a regulated consumer credit agreement under s.8 (3)[22] as it was not an exempt agreement. It also constitutes a restricted use, according to the situation in the problem as per s.11 (b)[23] and a running account as per s.10 (1) (a)[24].Consequently, as the product is purchase with a credit card, there is a D-C-S agreement under s.12 (b)[25]; debtor: Tracy, creditor: Barclaycard and the supplier: HAL .In such a case, where there is a faulty product, which is the case Tracy has a ‘ like claim’ against the credit card company under s.75[26]. HAL and the credit card company are ‘jointly and severally liable’ for the aforementioned breach of S.14 SGA[27]. Therefore, Tracy has a claim against both HAL and Barclaycard. Indeed, if the claim against the shop is unsuccessful, then she is entitled to use s.75 as a shield. Furthermore, even if Vicky is not a party to the contract she might have a claim against HAL since the privity of contract was overcome by the narrow rule of Lord Atkin in the case of Donoghue v Stevenson.[28] Despite the fact, that she could claim under negligence it will be best to sue under Consumer Protection Act[29] since there is a strict liability. Vicky might claim a civil liability under Part I of CPA[30] which covered damage or personal injury caused by the faulty products, when her arm is burn. The coffee machine is defective as per s.3, since no one will generally expect the coffee machine to become too hot and unsafe. Therefore, she will be able to sue for damages. Moreover, there may be a potential criminal liability under Part II of CPA which covered damage caused by unsafe product. Certain goods need to satisfy the safety requirement under s.11 (1)[31]. Therefore, a failure to meet the safety regulations is a breach under s.12[32], but unless the product supply is unsafe which here is visibly the case. Additionally, HAL will try to rely on the exclusion clause. In order to be effective, the clause needs to satisfy certain legal rules. When Tracy went to return the coffee machine, she was pointed a notice which states â€Å"Sale items cannot be returned†. Applying the case of Olley[33], which established that for a notice to be incorporated it need to be before or at the time of the contract. Since, Tracy could not remember having seen the notice before; it is very likely that there clause was not incorporated. Even if the clause was valid, it will not make a difference because s6 (1) UCTA states that liability in consumer contract for breach of s.14[34] cannot be excluded. MATTHEW, THE DECORATOR* The contract between Arron and Matthew is governed by the Supply of Goods and Services 1982[35] since the substance of the contract is based on services. The SGSA[36] consist of two parts; Part 1 consists of the quality of goods supplied under the contract for the services and Part 2 is about the supply of services Under Part 1, there is an implied term that goods supplied on the part of the act to be of satisfactory quality and fit for purpose under s.4. This section mirror the provisions contain within s.14 (2A) and (2B) of SGA[37]. It should be noted that there is no provision equivalent to s11 (4) and s.35. Therefore, generally when Arron buys the wallpaper guaranteed to last 10 years he will expect the product to be of satisfactory quality and to durable as per the other relevant circumstances under s.4 (2A)[38] which mirror the provision of s.14 (2B) (e)[39]. But this was not the case when the wallpaper falls off the wall after six weeks. Unlike Part 1, which implied term concern the goods, Part 2 implies following terms concerning the supply of services. Contrarily, to Part 1 it is possible to exclude liability, under s.11 UCTA for breach under the service part of the contract. A contract for supply of services is defined under s12[40] as â€Å"a contract under which a person (the supplier) agrees to carry out a service.† Under Part 2 there is an implied term under s.13[41] that the services provided by the supplier will be carried out within a reasonable care and skill. It should be noted that s.13 implies generally accepted to be innominate term as in Hong Kong Fir[42] by depriving the innocent party of the whole benefit of the contract. This is clearly the case here when ‘the wallpaper fall off.’ Applying Nettleship v Weston[43], there is no defence even if the person claims to have to their incompetent best. Under, Bolam[44] if the skilled conforms within the standard required is of a reasonable competent member of the relevant trade, he will not be liable due to others different views. As established in Philips[45] , the services must be carried out with such a care as within the capacity of his degree of experience which he claimed to have .He must have a level of skill of such specialist which he holds to Arron as in Grieves.[46]Therefore, when Arron employed Matthew, he expected t he work to be done with a reasonable care and skill and not be fall off within six weeks. Clearly s.4[47] and s.13[48] are in breached. Consequently, Arron will be able to ask for damages since rejection will be impossible. The claim for recovery of damages is for the poor service or poor quality of materials used in the contract term, it includes actual damages for the failure of wallpaper which has not be achieved it result by holding on the wall and consequential damages for the money which Arron will have to expense to repair the breach. In order to entitle to this, Arron must have taken reasonable steps to mitigate his loss suffered, which require acceptance of offer from the defendant to rectify the matter, like under the case of Payzu.[49]It is clear that mitigation of loss had occurred when Arron suggested to Matthew that he should properly do the work again. Hence, Arron will be able to recover for the damages since he gives the opportunity to Matthew to redo the work properly. Additionally, Matthew tried to rely on the exclusion clause, when Arron tells him that he should properly ‘redo’ the work. An exclusion clause is used by a party in order to restrict or limit liability in an event of a breach of contract or any other specified circumstances. But, for it to be effective three legal conditions need to be consider; the common law, the UCTA and the Unfair Terms in Consumer Contract Regulations 1999[50]. Under the common law, the clause must be incorporated and constructed. According to the scenario, the clause was incorporated by an express agreement since there is not enough information to state that a contract was signed between the parties. Therefore, it is very likely that the clause was incorporated. As for the construction of the clause, it must be established that in interpretation of the contract the clause cover the breach which has occurred. In application, the clause is constructed in a plain language but it does not cover the breach. Hereafter, the clause might not be hold as constructive by court. In addition, the statutory controls need to be considered. The legislation for exclusion clauses is governed by the provision under UCTA and UTCCR. The UCTA was created in order to protect the weaker party, for example the consumer. Under s.11(1), the reasonableness test need to be consider, under which the term must be fair and reasonable by including all circumstances ‘[†¦]which were or ought reasonable to have be known[†¦]’[51]. In the problem question, it is clear that the terms are not fair and reasonable since Matthew restricted the term of the contract for his own benefit and not for Arron (the consumer). He excluded all extra cost and loss arising out of the decorating services. The UTCCR will not be applicable due to lack of information about the presence of a contractual term or a standard form. Even if the exclusion clause is valid s.7[52]states that liability for consumer contracts for breach of s4 and s13 cannot be excluded. However, this liability can be excluded if satisfies the requirement of the reasonableness which is visibly not the case here. Arron might have a criminal liability against the producer for the commercial practices of the wallpaper through television advertising. The liability will be under Schedule 1 of the Consumer Protection from Unfair Trading Regulations 2008[53]which replaced some consumer protection legislation; like CPA Part 3 or even the TDA[54]. He can claim liability for misleading actions under Regulation 5. It occurs when a misleading information lead the average consumer to make a decisive reason to enter the contract. In application, it is clear that it is the 10 years old guarantee, which encourages Arron to buy this specific paper. This commercial practice clearly distinguished the product from the competitor (para.3 (a) of reg.5), was obviously a main characteristic of the product (para.4 (b) of reg.5) which makes him make a decisive decision in buying this product rather than the others. PUPPIES* The buying of pedigree dog is governed by the SGA. However, the effect of the statement must first be drawn, by stating whether it is a puff, a representation, a term or a sale by description. The difference between these statements will be established. A puff is a ‘mere boast or unsubstantiated claims’ which are used by advertisers for their products and services .An example is the case of Carlill[55]. Representations or contractual term are statements made in course of negotiation for a contract. While, a term of contract define as outcome to pre-contractual negotiation between parties can be distinct in two types; implied and express. It could also be a sale by description under s.13 which implied term is that the goods must ‘correspond’ to the words used for the description of the goods. In application, it is clear that is a sale by description where the adverts states that the dogs are ‘pedigree dogs’ with ‘friendly temperature’. S.13 is breached as the description is inaccurate and that the dogs are crossbreeds, aggressive and snappy. There is a strict liability under s.13 and the remedy, will allow Arron to reject the good and receive damages. Next, Arron has paid the pedigree dog with his credit card; he may have a claim under CCA. Under the CCA, a D-C-S agreement is established, under s12 (b) consisting of the debtor; Arron, the creditor; the credit card company (Barclaycard) and the supplier (the dog-seller). It may be that has a claim under s.75 where the creditor is jointly and severally liable with the supplier for the supplier misrepresentation and for breach of s.13 SGA. If, the claim is not successful under SGA against the supplier, Arron will be to use s.75 as a shield. Criminal liability is regulated by the regulation 5[56] for the false information which deceived the consumers. The false statement of the advert may lead to a criminal offence under reg.5 CPUTR which prohibits false information to be applied on goods. S.2 (2) (a), states that goods includes the descriptions and details of animals as per there ‘sex, breed or cross [†¦]’[57].Under s.3 (1)[58] explains the term of â€Å"false to a material degree†. In application, it is clear that the advert the newspaper is a material degree and that there is a breached of Reg 5. 2515 Word Count*(Excluding titles) Bibliography Primary Sources Cases: Bolam v Friern Hospital Management [1957] 1 WLR 582 Bernstein v Pamson Motors [1987] RTR 384 Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 Donoghue v Stevenson [1932] AC 562 Grieves Co Baynham [1975] 1 WLR 109 Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 Nettleship v Weston [1971] 2 QB 691 Olley v Marlborough Court Ltd [1949] 1 AII ER 127 Payzu Ltd. V Saunders [1919] 2 KB 581 Philips v William Whitely Ltd [1938] AII ER 566 RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 Stevenson v Rogers [1999] 1 All ER 613 Statutes and statutory instruments: Trade Description Act 1968 Consumer Credit Act 1974 Unfair Contract Terms Act 1977 Sale of Goods Act 1979 Supply of Goods and Services Act 1982 Consumer Protection Act 1987 Unfair Terms in Consumer Contracts Regulation 1999 Consumer Protection from Unfair Trading Regulations 2008 Secondary Sources Books: Nicholas Ryder, Margaret Griffiths, Lachmi Singh, Commercial Law (Principles and Policy), (First published 2012,Cambrige) Michael Furmston and Jason Chuah, Commercial Law,(2th edn, Pearson 2013) Chris Turner, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) Chapters in Books: Michael Furmston and Jason Chuah, Chapter 4 ‘Sale of Goods’: 4.8 Defective goods, Commercial Law,(2th edn, Pearson 2013) pg. 192-201 Chris Turner, Chapter 6 ‘The Obligations under a Contract : Term 6.1.2: Types of representation and their consequences, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) pg. 111-116 Websites and Blogs: Which? Consumer Right ‘Supply of Goods and Services Act 1982’ (2014) http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982>accessed on 19 March 2014 Financial Ombudsman Service , oombudsman news  » issue 31  » credit cards equal liability under section 75 of the Consumer Credit Act 1974 (sep 2003) http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm> accessed on 25 March 2014 FindLaw UK, ‘Your rights under section 75 of the Consumer Credit Act’ http://www.findlaw.co.uk/law/consumer/consumer_credit/500520.html> accessed on 02 April 2014 BBC one Watchdog, ‘Supply of Services’(2014) http://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-supply-of-services> accessed on 06 April 2014 Out-Law.com, ’Product liability under the Consumer Protection Act’ (last update 2011) http://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-under-the-consumer-protection-act/> accessed on 09 April 2014 [1] Home Appliances Ltd [2] Unfair Contract Terms Act 1977; UCTA [3] Unfair Contract Terms Act 1977 [4] Section.12(1)(c) Unfair Contract Terms Act 1977 [5] Sale of Goods Act 1979;SGA [6] Stevenson v Rogers [1999] 1 All ER 613 [7] RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 [8] Section 12 Unfair Contract Terms Act 1977 [9] Section 14 Sale of Goods Act 1979 [10] Section 14 (2A) Sale of Goods Act 1979 [11] Section 14 (2 B) Sale of Goods Act 1979 [12] Section 14 (2B) (d) Sale of Goods [13] General Product Safety Regulations 2005;GPSR [14] Section 14 Sale of Goods Act 1979 [15] Section 11 (4) Sale of Goods Act 1979 [16] Section 35 (4) Sale of Goods Act 1979 [17] Bernstein v Pamson Motors [1987] RTR 384 [18] Clegg v Anderson [2003] EWCA Civ 1002 [19] Consumer Credit Act 1974;CCA [20] Section 8 (1) Consumer Credit Act 1974 [21] Section 9 Consumer Credit Act 1974 [22] Section 8 (3) Consumer Credit Act 1974 [23] Section 11 (b) Consumer Credit Act 1974 [24] Section 10 (1)(a) Consumer Credit Act 1974 [25] Section 12 (b) Consumer Credit Act 1974 [26] Section 75 Consumer Credit Act 1974 [27] Section 14 Sale of Goods Act 1979 [28] Donoghue v Stevenson [1932] AC 562 [29] Consumer Protection Act 1987:CPA [30] Consumer Protection Act 1987 [31] Section 11 (1) Consumer Protection Act 1987 [32] Section 12 Consumer Protection Act 1987 [33] Olley v Marlborough Court Ltd (1949) 1 ALL ER 127 [34] Section 14 Sale of Goods Act 1979 [35] Supply of goods and Services Act 1982; SGSA [36] Supply of Goods and Services Act 1982 [37] Sale of Goods Act 1979 [38] Section 4 (2A) Supply of Goods and Services Act 1982 [39] Section 14(2B)(e) Sale of Goods Act 1979 [40] Section 12 Supply of Goods and Services Act 1982 [41] Section 13 Supply of Goods and Services Act 1982 [42] Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 [43] Nettleship v Weston [1962] 2 QB 691 [44] Bolam Fried Hospital Management [1957] 1 WLR 582 [45] Philips v William Whitely Ltd [1938] 1 ALL ER 566 [46] Grieves Co v Baynham [1975] QB 644 [47] Section 4 Supply of Goods and Services Act 1982 [48] Section 13 Supply of Goods and Services Act 1982 [49] Payzu Ltd v Saunders [1919] 2 KB 581 [50] Unfair Terms in Consumer Contract Regulations 1999; UTCCR [51] S.11(1) of Unfair Contract Terms Act 1977 [52] Section 7 Unfair Contract Terms Act 1977 [53] Consumer Protection from Unfair Trading Regulations 2008; CPUTR [54] TDA:Trade Description Act 1968-largely repealed by CPUTR [55] Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 [56] Regulation 5 of Consumer Protection from Unfair Trading Regulations 2008 [57] Section 2(2)(a) of the Trade description Act 1968 [58] Section 3(1) of the Trade description Act 1968

Anorexia Nervosa and Obsessive Compulsive Disorder Essay -- Essays on

Anorexia Nervosa and Obsessive Compulsive Disorder Anorexia Nervosa is an eating disorder often found in young adolescent women, that has been characterized by a distorted attitude towards weight and body image, a set of behaviors calculated to produce weight loss and other physiological and psychological symptoms. Physiological symptoms include (according to the DSM III- R criteria) starvation, amenorrhoea, and a refusal to maintain weight above 85% of their ideal weight. Psychological symptoms include an obsessive pursuit of thinness, along with obvious body preoccupation, and an incessant rumination about food. In addition, they are also engaged in compulsive calorie counting and excessive physical exercise. The personality of the anorexic is characterized as stereotypically rigid, ritualistic, perfectionistic and meticulous. This ritualism takes its form in eating patterns. For example an anorexic may cut her food into tiny pieces and weigh every piece of food before she eats it. These behaviors can be found in people who ar e on a normal, healthy diet, but in anorexics these behaviors are extremely exaggerated, in part because the act of dieting has become exaggerated. Anorexics also commonly have obsessions and compulsions related to symmetry and order. Obsessive-compulsive disorder (OCD), one of the anxiety disorders, is a potentially disabling condition that can persist throughout a person's life. Those who suffer from OCD become trapped in a pattern of repetitive thoughts and behaviors that are senseless and distressing. Some of the main components of OCD are obsessions, compulsions and insight into behavior. Obsessions are unwanted ideas or impulses that repeatedly well up in the mind of the person... ...6-969. Fahy, TA, Osacar, A, Marks, I (1993): History of Eating Disorders in female patients with Obsessive Compulsive Disorder. International Journal of Eating Disorders 14: 439-443. Garfinkel, PE and Garner DM, (1982): Anorexia Nervosa: A Multidimensional Perspective. Brunner Mazel: New York. Matsunaga, H, Kiriike, N, Iwasaki, Y, Miyata, A, Yamagami, S, Kaye, WH (1999): Clinical Characteristics in patients with anorexia nervosa and obsessive compulsive disorder. Psychological Medicine 29: 407-414. Rothenberg, A (1990): Adolescence and Eating Disorder: The Obsessive Compulsive Syndrome. Psychiatric Clinics of North America 13: 469-487. Zubieta, JK, Demitrack, MA, Fenick, A, Krahn, DD (1995): Obsessionality in Eating Disorder Patients: Relationship to Clinical Presentation and Two- Year Outcome. Journal of Psychiatric Research 29: 333-342. Anorexia Nervosa and Obsessive Compulsive Disorder Essay -- Essays on Anorexia Nervosa and Obsessive Compulsive Disorder Anorexia Nervosa is an eating disorder often found in young adolescent women, that has been characterized by a distorted attitude towards weight and body image, a set of behaviors calculated to produce weight loss and other physiological and psychological symptoms. Physiological symptoms include (according to the DSM III- R criteria) starvation, amenorrhoea, and a refusal to maintain weight above 85% of their ideal weight. Psychological symptoms include an obsessive pursuit of thinness, along with obvious body preoccupation, and an incessant rumination about food. In addition, they are also engaged in compulsive calorie counting and excessive physical exercise. The personality of the anorexic is characterized as stereotypically rigid, ritualistic, perfectionistic and meticulous. This ritualism takes its form in eating patterns. For example an anorexic may cut her food into tiny pieces and weigh every piece of food before she eats it. These behaviors can be found in people who ar e on a normal, healthy diet, but in anorexics these behaviors are extremely exaggerated, in part because the act of dieting has become exaggerated. Anorexics also commonly have obsessions and compulsions related to symmetry and order. Obsessive-compulsive disorder (OCD), one of the anxiety disorders, is a potentially disabling condition that can persist throughout a person's life. Those who suffer from OCD become trapped in a pattern of repetitive thoughts and behaviors that are senseless and distressing. Some of the main components of OCD are obsessions, compulsions and insight into behavior. Obsessions are unwanted ideas or impulses that repeatedly well up in the mind of the person... ...6-969. Fahy, TA, Osacar, A, Marks, I (1993): History of Eating Disorders in female patients with Obsessive Compulsive Disorder. International Journal of Eating Disorders 14: 439-443. Garfinkel, PE and Garner DM, (1982): Anorexia Nervosa: A Multidimensional Perspective. Brunner Mazel: New York. Matsunaga, H, Kiriike, N, Iwasaki, Y, Miyata, A, Yamagami, S, Kaye, WH (1999): Clinical Characteristics in patients with anorexia nervosa and obsessive compulsive disorder. Psychological Medicine 29: 407-414. Rothenberg, A (1990): Adolescence and Eating Disorder: The Obsessive Compulsive Syndrome. Psychiatric Clinics of North America 13: 469-487. Zubieta, JK, Demitrack, MA, Fenick, A, Krahn, DD (1995): Obsessionality in Eating Disorder Patients: Relationship to Clinical Presentation and Two- Year Outcome. Journal of Psychiatric Research 29: 333-342.