Bell vs. May Dep's Stores Co., 6 S..W.3d 871 (MO. 1999) Essay

Bell vs. May Dep's Stores Co., 6 S..W.3d 871 (MO. 1999) - Essay Example Consequently, in his correspondence with the store, Bell informed the store about the defect in the fan and conveyed to them his intention to not to pay for the fan. The store responded to the grievance by informing to Bell their intention of replacing the defective fan, however, in actuality they never did so. Moreover, in the subsequent credit card statements Bell continued to receive past due notices, late fee and finance charges. Eventually the store intimated to Bell its intention of forwarding a negative report to the credit agencies. Yet, later on both parties agreed on a settlement agreement as per which the store promised to Bell that they will delete all the negative reports from Bell’s history. However, it was not to be so. The store relied on a computerized billing system that automatically generated dunning notices and billing statements and forwarded the negative reports to the credit agencies. In 1994, Bell submitted an application to the European American Bank (EAB), for soliciting a TWA credit card. However, Bell’s application for availing a TWA credit card was rejected because of the negative reports sent by the store to the credit agencies. ... So, later on Bell sued the store, alleging that the store intentionally meddled with Bell’s credit expectancy by extending faulty and wrongful information pertaining to Bell’s credit history to the credit rating agencies, among other claims. 3. The issue that The Supreme Court of Missouri was required to decide upon was as to whether credit expectancy of a person or an organization constitutes an element of the law pertaining to intentional interference with business expectancy. The issue before the court was to decide as to whether interference with valid credit expectancy amounted to intentional interference with business expectancy. The court was also required to envisage the test or criteria that established the charge of interference with business expectancy in this case. 4. In the case under consideration, the court held that to ascertain valid credit expectancy, only the establishment of a ‘valid’ or ‘reasonable ‘hope’ tended to be a sufficient criteria or test. The respondent in this case argued that to establish the possibility of credit expectancy on the part of the applicant, it was necessary that one had a pending credit application. However the court set aside this line of argument. The court ruled that the respondent had genuinely resorted to a tortuous interference with the applicant’s credit expectancy and the applicant was liable to claim the commensurate damages. 5. In this case The Supreme Court of Missouri reasoned that ‘expectancy’ is something that is hoped for or expected. It is not a must that to ascertain valid credit expectancy, one needs to have a contract or application in place. The mere expectation or possibility of getting credit establishes that the intended expectancy

Media and climategate Research Paper Example | Topics and Well Written Essays - 1250 words

Media and climategate - Research Paper Example Climatic Research Unit (CRU) is an internationally renowned research institution for climate change and global warming. The research done at CRU is globally accepted and practiced, for instance, global temperature record and other data sets.CRU was the key contributor of Intergovernmental Panel on Climate Change’s (IPCC) Fourth Assessment Report in 2007.It was a   collaboration between World Meteorological Organization(WMO) and United Nations Environment Program and considered to be the most authoritative of the likes(CNN). According to Seymour, climategate proved to be the starting point of a series of leaks that shook scientists’ long held and advocated belief that â€Å"the science is settled†. However, despite the authoritative position of CRU and far reaching impact of the leaked information, news media networks played soft on the whole incident. They seemed unshaken by the unethical course of action taken by the scientists whose claims were promoted by these networks over the years and gradually shaped public opinion. Surprisingly, since November 20, 2009, less than 10 percent of the global warming and climate change related news stories pointed towards any of the climate related scandals. The most disturbing email communication was among CRU Director Phil Jones and Penn State Scientist Michael Mann. The later is internationally renowned for his hockey stick graph of global warming which was the main feature of IPCC’s report in 2001.In e-mail Jones informed Mann that he worked on a trick to make addition in real temperature record of last 20 years in order to hide the decline. Other e-mails encourage criminal act of destroying information rather than passing them on to Freedom of Information requests(Seymour).Daily Mail(UK) reported on January 28,2010 that Information Commissioner discovered that ERU scientists are violating FOI law, but he couldn’t take legal action because of the statute of limitation(qtd. in

MANAGEMENT OF INFORMATION TECHNOLOGY Essay Example | Topics and Well Written Essays - 2000 words

MANAGEMENT OF INFORMATION TECHNOLOGY - Essay Example DMG’s goals are to upgrade healthy living by producing high quality products, to preserve the environment and to create sustainable returns for stakeholders. The model will focus on five attributes that make up the competitive environment namely supplier power, buyer power, competitive rivalry, the risk of substitution and lastly the risk of new entrants. With regard to the supplier powers, the suppliers play a minor role, if any, at raising the prices of DMG products (Oz, 2009, p.18). This is because the company owns most of the critical factors of production. For tea and Coffee production, DMG own farm estates for production of the crops, suppliers only provide packaging materials (Beynon-Davies, 2013, p. 376). A higher cost of the packaging materials would result in DMG transferring the additional cost to consumers by raising prices. The same applies for yogurt production, as the company owns dairy livestock, suppliers come in to provide flavours and packaging materials. Buyer power is detrimental to affecting the nature of prices within the market. DMG has a fairly larger number of consumers for its products. Essentially, the company cannot, under any circumstance dictate the terms of buying (Beynon-Davies, 2013, p.402). Given the fact that other brands of tea, coffee and yogurt the buyers may easily switch to other supplier of the same. Rivalry from competitors does not really lower the attractiveness of the market (Betz, 2001, p.29). Two firms in agribusiness provide competition to DMG but the major threat is one firm that enjoys a large market share because of an extensive information technology system (Proctor, 2011, p.16). DMG is taking measures to turn the tables in the industry and extend the domestic market share. Substitution seems to be a minor threat for DMG because of the coffee and tea are substitutes. In

WEEK 2 PERCPTION KEYS Assignment Example | Topics and Well Written Essays - 750 words

WEEK 2 PERCPTION KEYS - Assignment Example Impressionist majorly used asymmetrical balance in their paintings. This majorly helped them capture a good judgment on immediacy. They made their paintings in such a manner that one item visually balanced another item perfectly (Martin& Jacobus, 2011). Symmetry has been effectively used in Edouard Manet’s painting, ‘A Bar at the Folies-Bergere. It features in few images in the painting. For example, the woman at the counter. The effect puts the lady and her job as the major aim of the painting as other objects have not been clearly brought out. Asymmetry has been effectively used in Pierre-Auguste Renoir’s painting, ‘Luncheon of the Boating Party’. He focuses more on the people at the table but still visibly shows that the boat had a number of people. The aim of the painter might have been to show what was served on tables apart from people just being in a party mood. If I was to purchase one of the paintings, I would choose Claude Monet’s Impression Sunrise. This is because of the tranquil feeling it has to the observer. The choice of color is perfect enough to create a tranquil feeling or rather a feeling of tenderness. The painting is so simple but speaks volumes. Arguments that might support the views of critics that emphasize that documentary photographers have made interesting social documents compared to works of art are that the photos majorly footage people in their usual circumstances. They are devoted to presenting the way of life of the deprived or needy people. In addition to that, documentary photography is capable of motivating and enabling people to view the humankind and what happens around us. The photos keep one informed of a lot. On the other hand, documentary photographers also have made interesting artwork compared to social documents. Documentary photography as an artwork has been criticized by many. Some have apprehended upon the emotionless and substance aspects of the

Field Research Essay Example | Topics and Well Written Essays - 1000 words

Field Research - Essay Example First, the resin is melted ( bead-like ) and Repro. The Stards are used to melt the Repro. Then, they are blown up into cylinders until they bubble up to the top of the machine. Once they are on the top, they are flattened using various rollers. After which, when everything has been flattened, these are rolled around a roll of cardboard on a metal rod. Finally, the bar is taken off a plug is placed on one end. The plastic would be now wrapped and multiple rolls would be placed standing right up on a skid. Again, they would be wrapped in plastic and properly labeled, then placed in a box. They would then be sent to the warehouse for shipping and classified as finished goods. It is also important to note that the colors are melted one at a time during the beginning of the process. This goes on daily because operations is 24/7. Over-all, there are 32 machines that produce the rolls. The maintenance for the machinery is done annually where the machines are cleaned thoroughly. The machine s are really big so cleaning them for a day would not suffice. The cleaning of these machines are scheduled on holidays so operations would not be affected. Demand for BEMIS products are high so the company cannot afford to lose productive time. I also observed that one roll can be easily made in as short as half an hour or more. Bigger rolls, however, need more time and can take as much as four to five hours. On the average, the machines produce 40† rolls in 40 hours. In a daily basis, the rolls produced equals to 540-550 pounds. To be able to achieve this high level of productivity, BEMIS operates for 24 hours. There are 100 employees distributed to work on four different shifts. Indeed, one can’t help admiring the whole process of production as everything is synchronized to meet the buyer’s demands or specifications. Come to think of it, the products of BEMIS are very many so efficiency is very important. BEMIS can meet all these challenges because it continue s to innovate itself and prioritize product research. The second part of this paper deals with the logistics of the products. Due to the high-volume of products produced in a daily basis, the logistics section is very busy. There are also times when companies would require extra orders during peak seasons which makes logistics very challenging. The pallets are often termed units for shipping purposes. A single pallet weighs 800 to 1,000 pounds. On a very busy day, there are one million pounds shipped to different buyers. A truck can carry as much as 40,000 pounds worth of pallets. Friday is considered the busiest day of the week so 18 trucks (scheduled and unscheduled ) are available for use on this day. It if it’s just an average day, only 600,00-700,000 pounds are shipped by BEMIS to its buyers. Normally, it takes 30-40 minutes to load the products on a truck. Safety measures are put in place to avoid any accidents. These are the procedures in loading a truck: 1. Get releas e. It is important for processors to know the pertinent details of the shipment. They must declare truthfully the type of products loaded on the truck which would be declared as soon as the buyers receive them. Details such as time of shipping, weight, quantity and other special instructions are contained in the documents like the Bill of Lading. 2. The next step involves pulling or staging pallets to the shipping area. The men driving the forklift and

Religious and Ethnic Groups Essay Example for Free

Religious and Ethnic Groups Essay According to Encyclopedia Britannica, Orthodox Judaism is a â€Å"the religion of those Jews who adhere most strictly to traditional beliefs and practices. † (Britannica, 2013) Differentiating from Christianity, Orthodox Jews adhere to daily worship, traditional prayers and holidays, and how and when a child goes through adulthood. While in a synagogue, men and women are separated, which is unlike many religions presented in our society. Orthodox Jews are often looked at as very strict and traditional. The dress garments are used to make them stand out from the world around them as well as to preserve the traditions. For women, pants are not permitted; all clothing must cover the chest to the neck and the arms to at least the elbows and fall below the knees. As a sign of modesty, married women hide their hair with a covering that may be a wig over a shorn head (in the most extreme cases), a wig over hair, a scarf, or a hat. † (Worldmark Encyclopedia of Religious Practices, 2006) For this reason, today’s society seems to have viewed Orthodox Jews as weird, segregated and just different. Our society sees lots of skin and very few modest women. Jewish people have contributed to American culture for their fight for rights equality. In 1965, in the march from Selma to Montgomery Alabama, you found â€Å"Rabbi Abraham Heschel and African American leader Martin Luther King Jr. joining arms and leading a group of hundreds of protestors in the action against discriminatory voting rights policies (Heschel. )† (Brown, 2010) Though Heschel was not an Orthodox Jew, he still fought for the rights of his people, all Jews, as well as the rights that every American deserves, regardless of race or skin color. Even in our society today you will see camaraderie between an African American and a Jew. Because they fought side by side with African Americans for equal rights, Jewish men and women will forever have an impact on our country. Throughout the history of the world, Jews have been discriminated against, and persecuted. Adolf Hitler sought to â€Å"exterminate† them from our society. Hitler killed around six million Jewish men, women, and children during the Holocaust. He not only discriminated against Jews, but anyone who could be a Jew, just based on their physical appearance. I think that learning more of their culture and religion has helped me better understand their group. I was curious of many things regarding Orthodox Jews and their Hasidic practices. For instance, I was unaware that the Torah is the first five books of the Holy Bible. Knowing that they dress in such traditional and modest clothing to adhere to their traditions is something that all American’s should look up to. Having such a devout faith to have no regard for the culture around you and being so devoted to your faith, or any cause, is something that I think is an admirable quality. South American Hispanics differ not only from White Americans, Asians or African Americans, but also, in part, to other Hispanics. Brazil does not speak Spanish as other Hispanic and Latino countries do. Brazilians speak Portuguese. Not all Hispanics from South America speak this language, but Brazilians, in their own right, have their own little corner if Hispania. South Americans also tend to have a harbored feud with other Hispanics. Brazilians do not want to be mistaken for Colombian; Columbian do not want to be mistaken for Chilean; and so on. In America, Hispanics also tend to be clumped together. Since the closest Hispanic country to the American border is Mexico, many American’s classify all Hispanic people as Mexican. This also becomes an issue among White American’s as well as Hispanics. Again, each group of Hispanics does not like to be classified as another, causing tension when being addressed as such, is most likely unbeknownst to the person who improperly identified the person or group of people. Hispanics have contributed a great deal to America. Through food, music and language, or nation has grown in leaps and bounds with the help of Hispanic people. There are many Mexican, Brazilian, Columbian and Chilean restaurants to be found in major cities across the U. S. A popular dancing style is the Salsa; which is a very sensual Hispanic dance. America’s unofficial second language is Spanish. There are many immigrants in the United States that are strictly Spanish speaking individuals. There are even classes called ESL, or English as a Second Language. Many employers often seek employees who are bilingual, speaking both English and Spanish. Hispanics, throughout History, have experienced uch discrimination, prejudice and are subject to stereotypes. Everyone is guilty, as there is no one group of people to be had as guilty or innocent. Even other Hispanics discriminate against each other. For example, Hispanics are often thought of as poorly educated, illegal immigrants with a very large family. Because these stereotypes have been so prevalent in our society, Hispanics are also thought to be a major factor in the unemployment rat e. Many Americans think that all Hispanics are here illegally taking their jobs and working for less money. This image hurts the Hispanic community, just as it would hurt any other racial or ethnic group. To say that they are poorly educated, therefore do not know how to fight to earn more money is stereotyping and just plain rude. I think that because I am of Hispanic descent, specifically Central America, and have experienced some of these discriminatory factors from both White Americans as well as other Hispanics, I understand where Brazilians, Mexicans, and all other Hispanic groups feel. To earn your way into a country and then to be looked down upon is a hard pill to swallow. It can often be difficult to take the high road and ignore the ignorance, but in the end, it is the most rewarding. Conclusion The discrimination experienced by Orthodox Jews as well as Hispanics is very similar. Both groups have fought for equal rights as American’s, regardless of race. Both groups receive looks and whispers behind their backs regarding their culture and beliefs. However, they are different in the fact that Orthodox Jews appear to be White American’s; whereas Hispanics tend to have a darker skin tone, which makes it easier to infer their ethnicity. I think that Orthodox Jews are more discriminated against because of their religious beliefs, the clothing that they were and their nonmoving stance on their religion. Hispanics are discriminated against, most often, because of their skin color, the way the talk or their country of origin. I believe that discrimination has many faces. There is no one set of rules for discrimination. Too often, society discriminates against what they do not know. People tend to fear the unknown. By shunning and discriminating against a religious group, a race or ethnicity, or a sexual orientation, people show that they are ignorant on the subject. I think that children are the greatest teachers to the negative minded discriminators. Babies are not born to know color or race or hate. They know people; they know love and compassion. I think the world would be better off if we listened to our children tell the tales of their adventures at school with â€Å"the kid who has skin that looks like chocolate,† as my niece once said.

Environmental and social issues of Unilever

Environmental and social issues of Unilever Unilever began with British soap-maker company named Lever Brothers. Their revolutionary action in business was by introducing the Sunlight Soap in 1890s. That idea was from William Hesketh Lever, founder of Lever Brothers. This idea helped the Lever Brothers become the first company that help popularise cleanliness in Victorian England. Moreover, the product rapidly emulated globally after that it was a success in UK and made Lever Brothers obtained more business worldwide. One of the reasons of this success was the strategy from William that not only prioritize on selling the products but also focus on manufacturing them. On the other side, in 1872 Jurgens and Van den Bergh created a company that produces margarine. Since there were many competitors in the margarine industry in Dutch, in 1920s, Jurgen and Van de Berth decided to strengthen their company by joining another margarine manufacturer in Bohemia. In 1927, there were three companies including Jurgen and Van de Berth compan y which formed Margarine Unie located in Holland. In 1930, the Lever Bros merged with the Margarine Unie and even though, an international merge was an unusual move at that time, both of the two companies have the same vision that by doing this merge with strong global networks would create new opportunities. Finally, the name of Unilever was created by the merge of the companies. Not too long after Unilever was formed, they got a big problem which was that their raw material companies were reduced from 30% to 40% in the first year. As that problem started to attack, Unilever had to react quickly by building up an efficient system of control. In September of 1930, Unilever established the Special Committee that was designed to stabilize British and Dutch operate and concern as an internal cabinet for the organization. Since William Levers death in 1925, it was Frances DArcy Cooper who replaced him to become the chairmen of Lever Brothers. Cooper made several benefits for Unilever, one of his revolutionary action was that he led the various companies that included Unilever into one Anglo-Dutch companies. According to The Netherlands official UK site, Anglo-Dutch Companies is the British and the Dutch historically joined forces to form some of the strongest companies in the world, and until now their position is still strong. In 1937, when the correlation between the profit-earning capabilities of the British and Dutch companies found itself overturned, it was Cooper that came to solve the problem by convincing the board of the necessity for restructuring. In the 1930s, Unilever continued to grow their business when they promoted their products in America Latin. To keep it growing, Unilever adapted a new strategy in 1940s by widening their business areas and create new areas such as particular food and chemical manufactures. Furthermore, Unilever recognized that there were something more important than widening their areas, it was the relationship between marketing and research that they must focus on. Therefore, Unilever expanded their operation by making association by two important actuations in US, those are Thomas J. Lipton company, manufacture of tea, and the Pepsodent brand of toothpaste in 1944. In 1957 Unilever continued their actions by associating with U.K. frozen food maker birds eye, and in 1961 with U.S. Ice cream novelty maker Good Humor. In the 1980s Unilever made a revolutionary restructuring by selling most of its subsidiary business to concentrate the companys core business. Eventually, foods, toiletries, detergents and special chemicals were the Unilevers core business. This restructuring also helped Unilever to make a collaboration with Chesebrought-Ponds in U.S. in 1986. That collaboration made a big impact to Unilever, their profit margin increased. Furthermore, Unilever bought Chesebrought-Pond in 1987. Nowadays, Unilever become the worlds most consumed product brand in home care, personal care and food. In 2002, Unilever had a worldwide revenue around à ¢Ã¢â‚¬Å¡Ã‚ ¬48,760 million. Unilever has two main parenting companies, they are Unilever NV in Rotterdam and Netherland and Unilever PLC in London, UK. However, Unilever still has two major competitors named Nestlà © and Procter Gamble. Unilever has several worldwide products in foods such as Lipton, Knorr, Blue Band, Ben and Jerry, Walls, and Brooke bond. In home care, they have Surf, Sun, Radiant, Domestos and Skip. In personal care, they have Ponds, Vaseline, Rexona, Lux, Dove, Lifebuoy, Pepsodent, Sunsilk and Axe/Lynx. Social and Environmental issues Besides Unilevers success, there are also some social and environmental issues that affects Unilever. There are several damages created by Unilever during their processes in manufacturing, supplying, and labouring. Palm oil issues that affected by Unilever Unilever is the company with the worlds largest buyer of palm oil. They turn the palm oil material to their products like detergents, cosmetics, bio-fuel and soaps. Their actions by cutting down the palm oil of the most area in Kalimantan was slowly destroying habitat of Orang-utan, an endangered species which lived almost everywhere in the rainforest of Kalimantan. This action resulted in the extinction of the Orang-utan species in Kalimantan. An expected of two million acres of the rainforests in Kalimantan have been cut down annually. This action is also damaging Indonesias rainforest, eventually leading to a severe climate change. Unilever created their products to help people in doing their daily life, but in fact they are also destroying other endangered lives. In 2008, Unilever was criticised by Greenpeace UK because of these actions. In November 2009, Unilever announced to cancelled and stop buying palm oil from Indonesian company, PT Smart for environmental reason. In April 2010, Unilever had secured GreenPalm certificates. GreenPalm endorsed By RSPO (Roundtable on Sustainable Palm Oil), Organization formed by several stakeholders in the palm oil industry, to protect the environmental impact of palm oil and endorse sustainable agriculture. These certificates have function to cover the supplies of its European, Australian and New Zealand businesses. Unilevers Mercury Waste In 1983, Chesebrough Ponds Ltd, one of U.S. company bought an area near Kodaikanal. They relocated their thermometer-making factory that had been in Watertown, suburb of New York to this area. In 1987, Unilever bought Ponds and the thermometer-making factory in Kodaikanal and became the biggest facility in the world. Then, Hindustan Lever Limited (HLL), the subsidiary of Unilever which operates and located in India, took charge of the factory. Early 2001, there were 7,4 tonnes of mercury-contaminated wastes around Kodaikanal in Tamil Nadu found. Kodaikanal has beautiful lakes, perennially cool weather and rich forests which is why it became the most popular tourist destination in South India. After investigating the source of those mercury it was found to be from Hindustan Lever Limited factory. Mercury is a toxic metal that can harm humans liver and brain. Once mercury come into the environment, it will be changed during natural method into a structure that works its way quickly through the food chain where it can contemplate to hazardously high levels. Mercury is the basic material to create thermometers. In March 2001, four hundred people from Factory workers unions and local communities protested and complained about the unsafe waste disposal methods from Hindustan Lever Limited factory. They gave an ultimatum of either closing the factory or remove it from Kodaikanal areas. They also said since the mercury disposal happen in this area, it was destroying the Shola ecosystem of Western Ghats. After that incident, Unilever decided to postpone their thermometer production in Hindustan Lever Limited factory near Kodaikanal until they find a solution to the problem. However on June 21 2001, the Government of India ordered HLL to close the factory and ship the rest of the mercury waste to the U.S. Unilever Use Child Labour in India In India, Hindustan Lever Limited (HLL) has employed for expected number of 25,000 children, mostly girls in cotton seed production. They worked usually between ten and thirteen hours per day and they only got 40 Eurocents per day. Sometime, they are exposed to toxic pesticides during their work. The reason company prefer employed child than the adult was to save money in waging the labour. Usually, a child only receives 55% less than a man and 30 % less than a woman. One of their labour was Narasamma, 12 years old. She was a migrant who worked in cotton seed field for the last three years. She worked more than 12 hours per day with only two breaks. During work, she was regularly sprayed by pesticides and got ill after. However, she only earned Rs. 800 a month. In early 2003, many countries in Europe such as Germany, Netherlands and Ireland started do the campaign to stop Child labour. This campaign started from Germany, then to Netherlands and the campaign finished in Ireland. The main message from those campaigns was that school is the best place for children, so stop child labour. In may 2003, Unilever announced that they would solve the child labour problem in India. Unilever told Hindustan Lever Limited to start rejecting the use of child labour. Conclusion Unilever is one of most influential companies in the world by providing products that help people in their daily life and also supporting global economic growth. They improve their strategy to create products time by time until they meet customer requirements. That is why most of their product trustable and convenient to be used. Some survey showed that every houses in the world at least has one of Unilever product. This is showed that Unilever is very influential in human social life. Perhaps giving value to the brand is the best action that Unilever had done. However, Unilever made some environmental and social issues in their history. Many had protested what Unilever had done in the moment. In fact, Unilever is one of the companies which have been responsible for their actions. Unilever reacted quickly by fixing the problem.