Notion of fiduciary trust and its breach Case Study

Notion of fiduciary trust and its breach - Case Study Example The bill of lading indicated that 3,000 tons of timber was received from Merchant LTD and the timber was received in good condition. In examining Wavy Line's responsibilities with regards to Merchant LTD it is prudent for Merchant LTD to know that the issuance of a bill of lading is accompanied by legal rights and responsibilities. Those rights and responsibilities as delineated by the Hague-Visby rules denote that under the "contract of carriage" the responsibilities and liabilities of Wavy Line include the premise that Wavy Line is obligated to exercise a superior degree of care in order to: In examining Article II of the Hague-Visby Rules, we can clearly see that there is a breach of the contract by Wavy Line in that Wavy Line was obligated to ensure that the ship is adequately staffed prior to embarking on the voyage. The fact that Wavy Line had to stop to pick up a relief master on the way indicates that the staffing responsibility was not met as necessitated by the Hague-Visby Rules. Article III Section 5 of the Hague-Visby Rules addresses remuneration under these circumstances. The rules indicate that the value of the goods must be explicitly stated on the bill of laden if the carrier is expected to be responsible for total remuneration to the property owner. If, however, the total value of the goods is not indicated in the bill of laden, then the carrier is only responsible for the value of 666.67 units of account per package and the total value of the goods are to be determined based on their value at the time they were contracted to be delivered (Article III, Se ction 5-Hague-Visby Rules, 1968). According to this, I would advise Merchant LTD that Wavy Line did in fact fail to uphold their obligation to deliver the timber at the specified time. This obligation was not mitigated by any justifiable circumstances such as acts of God but it was a direct result of Wavy Line's failure to exhibit due diligence. As such, Merchant LTD can receive some compensation for the loss but the compensation they are able to receive is less than the total demanded due to the fact that the value of the merchandise was not explicitly stated on the bill of laden. The case of Transfield Shipping Inc of Panama v. Mercator Shipping Inc of Monrovia, [2006] EWHC 3030 (Comm); [2006] can be utilized to substantiate the aforementioned analysis with regards to the party responsible for the loss, however, the amount of judgment based on Transfield Shipping Inc of Panama v. Mercator Shipping Inc of Monrovia, [2006] proves to be interesting. The facts of the case of Transfield Shipping Inc of Panama v. Mercator Shipping Inc of Monrovia, [2006] are such that in January of 2003, The Achilleas was time chartered to Transfield Shipping Inc. The charter was extended as delineated in a supplemental document at a new higher hire rate and the maximum duration of the agreement expired on 2 May 2004. Later, the owners entered

Marketing Essay Example | Topics and Well Written Essays - 3750 words - 1

Marketing - Essay Example Procter & Gamble has one of the largest portfolios of consumer brands that are commonly known in the household, such as Pampers, Tide, Ariel, Pantene, Bounty, Always, Folgers, Downy, Crest, Olay, Pringles, Actonel, Wella, lams, Gillette, and Charmin. Its community consists of over 138, 000 employees in over 80 countries worldwide, making P&G a company whose products reach households of different nationalities. The company started as a small, family-operated soap and candle business, which later transformed into a big transnational corporation that provides products and services of superior quality and value to consumers in more than 180 countries. Procter & Gamble is a Fortune 500, American global corporation based in Cincinnati Ohio whose focus of manufacturing is a wide range of consumer goods. As of 2008, it has placed itself as the 14th largest US company by profit and 23rd by revenue. In 2007, it was placed 10th in Fortune’s Most Admired Companies list.1 It was recorded t hat it spent more on U.S. advertising than any other company in 2007, doubling the $2.62 billion spent by General Motors.2 Procter & Gamble was founded in 1837 by William Procter, a candle maker, and James Gamble, a soap maker. William Procter was an immigrant from England while James Gamble was from Ireland who both settled in Cincinnati and met each other when they married sisters Olivia and Elizabeth Norris.3 As electricity became more and more common, the company stopped producing candles in 1920 and as it grew larger in the early 20th century, it began building factories in other parts of the United States because of a high demand of products outgrowing the Cincinnati facilities. P&G also became known for its research laboratories in the 1900s, in which chemists produced new products. It also pioneered in the area of market research, probing on product appeal and consumer needs. When radio became popular in the 1920s

Clever Marketing for Luxury Goods in the Fashion Industry Essay

Clever Marketing for Luxury Goods in the Fashion Industry - Essay Example The essay "Clever Marketing for Luxury Goods in the Fashion Industry" concerns the clever fashion marketing. It first looked into the number of years that the number of years by which the latter are working as members of the marketing industry within the luxury fashion industry. Seven respondents (11.7%) reported to have been in the luxury fashion industry for less than five years. Meanwhile, twenty two (36.7%) said that they have been employed by the said industry for five to six years. In the same manner, fifteen (25.0%) noted to have been working in such for seven to ten years. Finally, sixteen (26.7%) said that they are within the luxury fashion industry for more than ten years. Aside from determining the number of years that the respondents have stayed within the luxury fashion industry, the researcher also determined which among of the three groups being studied are they a member of. Since this research is aimed towards ensuring the proper representation of the three groups, tw enty respondents (33.3%) were obtained from each. These results are graphically presented in Table 2. As established in the previous chapters of this study, the era wherein fashion was characterized as super exclusive and could only be afforded by the elite has ended (Agins, 2000). In fact, designers are now taking their cues from consumers from the mainstream and creativity has been channeled to the mass-marketing clothes. As a result, members of the industry were seen to have joined financial groups.

Music players Essay Example | Topics and Well Written Essays - 500 words - 1

Music players - Essay Example The very first iPod was introduced to the market as a player with a 5GB storage capacity capable of storing one thousand songs. This product got feedback from consumers, though a number of them complained of an exorbitant price of $400. Because the first versions of iPod proved fruitful in penetrating the music player industry, another hardware upgrade came in 2003, catapulting iPod into the third generation. This advanced hardware upgrade did not have mechanical dials. The function buttons were placed under the screen and resembled a scroll wheel. Their storage was enhanced from the previous 10GB to 40 GB. On order to remain competitive in the music player industry, apple introduced iPod mini in 2004. Unlike the original iPod, this version had five different colors: green, gold, silver, pink and blue. The iPod mini had smaller screens and enhanced storage than any other music player then. In February 2005, a new version of iPod was introduced with an improved chipset, longer battery life and even more enhanced storage capacity. The collaboration between Apple and HP in 2004 helped Apple to explore new markets that previously never stocked Apple’s products. In 2005, Apple introduced the iPod photo. This was similar to the iPod but was capable of browsing photo albums and had improved battery life. This made it a hit among the music player enthusiasts, with most music players in the same price range providing half its storage capacity. This made Apple’s profits to quadruple in 2005 as a result of sales of iPod. The iPod was followed by the introduction of the Nano. This version was made available in two variants, the 2GB and 4GB music players. The Nano made used of an improved scroll wheel from apple and was significantly smaller. Not long after the launch of the Nano, Apple released the fifth generation of its music players. These had the ability of playing both video and audio music files, and its launch was instrumental in the creation of the iTunes

Broken Windows Concept Research Paper Example | Topics and Well Written Essays - 250 words

Broken Windows Concept - Research Paper Example Giuliani was dedicated to putting the theory into action. Bratton through the police had the law against subway fare evasion, public drinking, graffiti vandals strictly enforced. In 2007 and 2008 experiments were conducted by Kees Keizer colleagues of the University of Groningen to determine whether the effect of existing visible disorder increased the incidence of crime such as littering and theft. The experiment included urban location and done in two different ways. In one condition, the place was maintained orderly and free from broken windows and graffiti. The other conditions, the experiment in the same environment among other things windows broken, and graffiti were placed on the wall. The arrangement in the second condition appeared like nobody cared. The observations from the experiments supported the theory. Common misconceptions clearly imply that there is a connection with financial instability for those who commit crime and may be of minority status. As for RJ Sampson it does not necessarily mean that the use of racial circumstance to encode disorder, people racially prejudiced in the sense of personal hostility (Weisburd &Lum). A later study indicated that the disorder is an exogenous construct that has independent effects on how people feel about their neighborhoods a contradiction to Wilson and Kellings proposition. Many challengers and critics say that other than the physical disorder there are other factors that influence crime rate. In order to reduce crime rate, these factors need

Learning the Theory of Knowledge Essay Example | Topics and Well Written Essays - 1000 words

Learning the Theory of Knowledge - Essay Example Russell further contends that if a belief is to be causally important it must be defined as a characteristic of behavior. This explanation cannot be termed as definite because the result of the behavior or action determines if the belief held was true or false. If the search for food results in success, the belief was true but in case of failure, the belief is considered false. This does not truly justify that knowledge is true belief. Russell believes there are two methods of inference – deduction, and induction. The deduction is merely saying the same thing in another way while induction can be mistaken inference. Human beings have been endowed with sense organs or the organs of perception but most often these are all taken for granted. People know many things like whether they feel cold or hot; whether it is raining or snowing, or when the sun will rise or set. Descartes argues that the ideas about taste, feel, pain, pleasure, hunger, thirst, sadness or happiness come to us without our consent (Newman, 2005). All these are perceived through the sense organs and with the assistance of the memory, they reach the imagination. The mind receives the data through the nerves from all parts of the body to produce sensory awareness. The mind has a habit of believing what it perceives. This registers in the mind as an experience or knowledge gained through experience. Each person acts or behaves according to their prior experience or their sense of perception. Organs of sight do not increase knowledge. The physical eyes merely see but unless what has been seen can be absorbed or truly perceived, the ‘seeing; has no meaning. Seeing is involuntary; perception is not. We conceive, perceive and assimilate what we are interested in. This experience differs from one person to another. When a glass is partially filled with water, the physical eyes perceive it.

Pizza dominos Essay Example for Free

Pizza dominos Essay 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally? Case Questions – Pizza Hut and Domino’s Pizza. 1. What obstacles Pizza Hut faces when contemplating its entry to the delivery market? Do these obstacles differ across franchised and corporate outlets? Should Pizza Hut enter the home delivery market? 2. Compare performance measures and the strategies and of Pizza Hut and Domino’s? How does the structure of each chain reflect its strategy? 3. Does Domino’s supply chain support its brand and its overall strategy? Does it provide a competitive advantage? How? 4. Should Domino’s attempt to expand its supply chain internationally?