Friday, November 15, 2019

Five Functions of Management: Advantages and Disadvantages

Five Functions of Management: Advantages and Disadvantages Henri Fayol is widely acknowledged as the earliest pioneer and advocate of the task of management Parker and Ritson, 2005 His management theories were first proposed in the early 1900s. Despite many criticisms, Fayols theories still form the basis of management practices and teachings in the 21st century. Taking some articles for reference, this essay will mainly analyse the advantages and disadvantages of Fayols concept of five functions of management in modern enterprises by some examples. There are about three main parts in this essay beginning with the introduction. And in the main body of this article, based on some academic researches, there are about seven parts discussing the advantages and disadvantages of Fayols concept of five functions of management. A conclusion will be made at last. There is no doubt that Fayol is best known for a three-fold contribution to management theory. Among his contributions, the concept of five functions of management is worth discussing all the time. Fayol identified five key functions of management and these functions of managerial activity are: forecasting and planning, organizing, coordination, command and control. According to Fayol, forecasting involves analyzing the future and drawing a plan of action (Pugh ad Hichson, 2007). And as for organizing, Fayol believed that an organizations structure was important, as it can facilitate the optimum conduct of its business activities (Pugh and Hichson, 2007). According to Pugh and Hichson (2007), in his original writing, Fayol used the term command to illustrate a managers responsibility to lead and direct employees towards the achievement of organizational goals and strategies. About the function of coordination, Fayol made a suggestion that managers should bind together, unify and harm onize all the organizations activities and efforts. In contemporary management practice, this can be explained into that the managers should be responsible for making sure that all the organizational business activities are coordinated to make the employees can unify together within one department or among different departments. The last not the least function of management is control. Fayol recognized the importance of control within an organization and support that it ensures everything occurs in conformity with established rules and expressed command. In the article of Fayol-standing the test of time, McLean (2011) firstly introduced the contents of the five functions of management and stated that in contemporary society, there are some advantages of these functions to development of the enterprises. First, McLean (2011) stated that with the development of globalized knowledge economy, the abilities of forecasting and planning can gain success in the competition. Second, organizing can ask the managers to carry out an appropriate infrastructure, which will optimize the organizations system, resources, procedures, processes and services and enable knowledge to be disseminated to those who need it, when they need it. Third, McLean (2011) also stated that control is one of the most important responsibilities of a manager and under the control of the managers. Under control of the managers, the policies and strategies can be implemented according to plan and within budget, set timescales and allocated resources. Fourth, under the func tion of command, the managers can develop a thorough knowledge of their employees, which can generate a positive psychological contract that engages employees with their jobs and the organization. Whats more, Fayols managerial functions are frequently cited as the inspiration for the contemporary practice of dividing managerial activity (and management textbooks) into the functions of planning, leading, organizing and controlling (Davidson and Griffin, 2000; Lewis, Goodmand and Fandt ,1995). As for the organizing, Fayol believed that an organizations structure was important, as it facilitated the optimum conduct of its business. Whether there are advantages of this concept or not remains an open question, In the article of Fayol-standing the test of time, Miss Jacqueline McLean stated that in contemporary society, organizing can ask the managers to carry out an appropriate infrastructure, which will optimise the organizations system, resources, procedures, processes and services and enable knowledge to be disseminated to those who need it, when they need it. Meanwhile, organizing also can integrate all kinds of resources of the companies, including human resources, financial and material resources. So there are some advantages about the concept. And this concept is also influencing the structure of the companies and most of organizations pay more attention to the building of the organizational structure. The KFCà ¯Ã‚ ¼Ã…’one of the most famous and important fast food chain restaurants, is always paying its attention to the building of the structure all the time. In 2004, with the AIV spreading quickly in Asia, most of the KFC consumers quitted the line of waiting for KFC, never eating chicken. Especially in Vietnam, the most AIV-hit country, KFC business was confronted with a crisis. But KFC then changed its organizational structure, replacing the Fried Chicken with Fried Fish. So, finally it regained a big success. Under the guidance of Fayols concept about the organizing, many organizations know about the importance of the structure and pay attention to building their organizational chart and thus gain success. In fact, the building of the organizational structure should fit the development of the organization. As the saying goes, preparedness ensures success and unpreparedness spells failure. So does the development of one organization. According to Fayol, forecasting involves analysis of the future and drawing up a plan of action. About this Fayols concept, some authors viewed that there are some advantages. In the article of Fayol-standing the test of time, McLean (2011) stated that with the development of globalized knowledge economy, the abilities of forecasting and planning can gain success in the competition. In the article of The foundation of Henri Fayols administrative theory, Mr. Wren, Mr. Bedeeian and Mr. Breeze stated that the most important of the means which one must use to ensure business success was planning. To create a business, the founders need capital manpower and time and should have outlets for the products or service. To forecast these needs and providing for them is the main responsible of the managers. So Fayols concept about planning has its own advantages. And i t also improves the development of the companies in contemporary times. Due to the loss of electronic mail, Morgan Stanley paid out more than billions of dollars. But this event is just one tip of the iceberg of the suffering a great number of cost which is caused by the inappropriate information management. Confronted with this problem, British Airway made plan and forecasting and declared its commercial goal: to automate more and more function and try their best to develop customers self-help service system , such as electronic ticket, and even that customers can printed their tickets in their own home. This strategy made British Airway protocol the development lifeline of the companies designedly. Although there are lots of advantages of Fayols concept of the five functions of management, there are some disadvantages of them. As for the forecasting and planning, if a business made a good planning, it will get a great success. If not, there will be a big failure, just as the saying goes Changes always go beyond plans. As McLean (2011) stated in the article of Fayol-standing the test of time that the globalised knowledge economy and the presence of ubiquitous change and competition make forecasting, planning and strategising key managerial activities, forecasting and planning are at the same time the main cause of an organization failure. HP, a big technological products supplier of the world, is always encouraging its employees to go forward to their goals, which are planned by the organization. According to HP official Website, in 2010à ¯Ã‚ ¼Ã…’in accordance with its plan, HP purchased Palm company with the Web-based Operating System to get itself to a higher level. But as a result, the new product with the WebOS could not compete with ipad and was not popular with the consumers. In 2011, HP declared to cease the research of WebOS. So to purchase Palm with a whole $1.2 Billion is really not a wise choice. Many other organizations in the world are also always following the rules of forecasting and planning concept in Fayols management theory, but only a good plan is far from enough in contemporary competitive context. The other disadvantage comes from the function of command and control in Fayols theory. According to Wren, Bedeian and Breeze (2002), the command made by the higher authority and which, be it direct or through successive levels in the organization, should reach all parts of the organization, and the responses should return in the reverse sense, either directly or through the levels, to the central authority. Thus an organization can operate smoothly. But there are also counterviews, who consider that the excessive command and control will harm personal satisfaction and their self-respect. In the article of Fayols 14 principles of management then and now: a framework for managing todays organizations, Rodrigues stated that if the managers can separate their managerial work from the actual work clearly, they can have energy to focus on the target of the development of their own enterprises and deal with the public relations outside the companies. In the article Henri Fayol as strategie s: a nineteenth century corporate turnaround, Wren stated that due to the hierarchy, the managers can conduct the enterprise toward its objective. The branches of Nokia in China adhere to the principle of the former, the strict command and control. Under this circumstance, the managers cannot handle the managerial work since they have to help employees to deal with lots of trivial problems. After discussion, they changed the operation strategies and set up the system of hierarchical transmission of orders, in which the employees in the lower class should report their work to his/her own managers. Whats more, as McLean (2011) stated, although Fayol had a great contribution to management theory, he has been accused of the romanticism of management and presented an almost unrealizable approach to management theorisation. He gave a clear definition to each of the functions of his management theory and some principles to carry out them, but in concrete circumstances, some of them can not be realized. As Pryor and Taneja (2010) stated that in practically Mintzberg vehemently disagreed when he went on to say that if you observe managers at work you will find what they do is quite different. According to Lamond, Fayol gave us management as we would like it to be and Mintzberg gave us management as it is (Pryor and Taneja, 2010). Therefore, today many managers favour the important role of practice and experience. They think that practice and experience are the only way to get a management qualification. In conclusion, Henri Fayol, as a founding father of what has become known as the administration school of management, made some contributions to the management theories. This essay mainly aimed to discuss some statement about Henri Fayols contributions to management today and criticism of any of his contributions under the topic of Discussion on Advantages and Disadvantages of Fayols Concept of Five Functions of Management in Modern Enterprises and then to learn about the influence of Fayols management theories to the management practices and teachings in the 21st century. It focuses on the advantages and disadvantages of forecasting and planning, the disadvantages of excessive command and control and the impracticability of the theory in the main body by taking some articles for reference. All in all, Fayols theories are valuable and relevant for organizational leaders on the one hand and debatable on the other hand.

Tuesday, November 12, 2019

Fear of the Water Essay -- Personal Narrative Writing

It was three weeks before my third birthday. The razor sharp air seemed to laugh at my winter coat, gloves, and hat. My Mother was pushing me along in a stroller at Carson Park. Walking briskly along the pond trail to keep warm, hiding that she did not want to be there. She knew that I loved to come look at the pond in the winter, and she braved the weather because of my birthday. I looked up with my curious eyes, trying to figure out why it was that the ducks left in the winter, why the water looked hard, and how people walked on the water like in the Bible. My Mother and I braved the weather for a whole day on the pond, and as the evening came, we decided to make our way home. She thought it would be nice if we took the long way out of the park and cross the bridge, and I couldn’t be more grateful, water mesmerized me. As we crossed the bridge, my world came to a halt. A group of crows feeding on a dead carcass scattered over my head. A man was standing on the oth er side of the bridge, with a shiny piece of metal in his hand. I didn’t understand, but my Mom knew that we were in danger, she knew what he held was a knife. â€Å"LubDUB.† My heart screamed out. I knew something was wrong now. The man yelled and screamed word that I had never heard. My Mother secured herself as a barrier between the man and me. His black eyes met my confused scared eyes. â€Å"Don’t hurt my mommy!† I screamed. There was no reaction, no movement. The only sound was the crows cawing below. Then the man said, â€Å"How would you like to take a swim,† in a quaint, barely audible voice. For a split second there was no movement, and then the man lunged at my Mother, and with the knife at her neck tipped me into the pond. I felt as if ... ...need air quite yet. There would be plenty of breathing after this Slam! My competitor and I seemed to slam our hands into the wall simultaneously. I didn’t know who won. I looked at the score board. Looked at the scoreboard and it read, â€Å"Lane:3 Swimmer:Meier,usa TIME:44.9 Place:1.† Victory. That was the first race of the rest of my life. In my junior year, my third year of high school, I was defeated by the member of the Greenwich Black Crows, but I still received third place in the state. Exactly three years after my second place performance earned me a spot on a collegiate swim team, it was me on the podium at trials. My victory wasn’t over my competitors, but the water, the water that beat me so many times before, it came down to a 43 second race in the Olympic trials and the three elements, one hydrogen, two oxygen, that I battled for so long.

Sunday, November 10, 2019

Case Study on RELE-Rouen: Language Immersion in Normandy Essay

Executive Summary Maxime is the co-founder of RELE-Rouen, a franchise language school under RELE at Rouen, France. The business took a downturn during the economic crisis from 2009 to 2011 and it has been losing money for three consecutive years. The franchise contract with RELE is due for renewal in two month. At this time, Maxime is presented with three options: 1. Renew franchise contract with RELE 2. Switch to OILT programs 3. Sell the building to EFEL This report first explored the constrains that Maxime faces in this decision making process. And then the three options are analyzed and compared in details by using a set of criteria, including financial return, franchise models comparison, and other business strategy related considerations, i.e. customers, company, distribution channels and market outlook. The people perspective in this decision making process is also being examined. Based on the findings, RELE-Roune will face another year of loss if RELE does not allow Maxime and Beatrice to run their weekend programs anymore in 2012. OILT is only more profitable if they can sell at a much higher quantity than they do now. And the 1.5m offer from EFEL is much below the valuation of the building and their business. Therefore, it is vitally important that Maxime first determine RELE’s willingness to grant Roune more freedom in program offering in the future. If RELE refuses to, Maxime and Beatrice has to choose between OILT and selling at a loss to EFEL. Maxime and Beatrice should also look for an OILT franchisee that is in a similar geographical location, i.e. a rural area in close proximity to a metropolitan city, to understand their marketing strategy and the new company identity in order to estimate their required initial investment and future business potential if they are to switch to  OILT. Constraint RELE’s centrally controlled sales activities and program offerings are largely the reason why Maxime and Beatrice can do very little to revive their business in times of crisis. It will continue to be a constrain in their future with RELE. Maxime and Beatrice’s financial situation can also restrict their decision-making. The current asset RELE-Rouen held as of 31 December 2011 is just enough to cover its current liability. Any new investment can create a considerably cash flow problem for the company. Maxime has already guaranteed a loan of â‚ ¬800,000 personally. It can be difficult for them to source for new loan or cash investment given the uncertainty of their business future. The building, which Maxime and Beatrice used to run RELE-Rouen, is jointly owned by the five siblings. It is a family heritage. Any decision made related to the use of this building will have to be in all siblings’ best interest. Criteria The three options are being evaluated based on the following criteria: Economics, Business Strategy and People. Economics This section details the financial analysis of the three options1. For RELE, three business scenarios are constructed and evaluated. An estimate of financial returns from OILT, assuming the same level of sales, is also calculated and compared with RELE’s. Lastly, an estimate for the valuation of the building and business provides an insight to EFEL’s offer. Option 1 – Renew franchise contract with RELE Scenario 1: RELE-Rouen offers only weekday programs. It is deduced from the case that Fabienne, the CEO, chose not to object to RELE-Rouen’s new weekend program because of the understanding that time was difficult. When the economy starts to recover, Fabienne may not allow this program to be offered anymore. It is estimated that RELE-Rouen will face a loss of close to â‚ ¬82,000. Scenario 2: RELE-Rouen continues its current offerings. Based on their own estimation, RELE-Rouen will have a profit of close to â‚ ¬30,000. Scenario 3: RELE-Rouen is allowed to offer both four-weekend and English program. This is the best-case scenario for RELE-Rouen. It is not clear why  RELE rejected Maxime and Beatrice’s proposal to offer English program in 2011. One of the possible reasons can be that RELE wanted to avoid new investment in selling to a new segment during crisis while their main focus was to maintain profitability of their own center. It is reasonable to assume that Maxime and Beatrice have a stronger bargaining power now given the fact that they have been approached by OILT and the economy will recover more in 2012. It is estimated that RELE-Rouen will take a profit of close to â‚ ¬91,000. From the calculation, it is clear to see that the profitability of RELE-Rouen is directly affected by the types of programs they can offer. If RELE put a stop to their weekend program, they will have another year of loss. Option 2 – Switch to OILT programs It is assumed that they will be offering both French and English classes during weekday and weekend with OILT. But without a clear understanding of the new targeted market, it is difficult to estimate a sales number. In this calculation, instead of looking at the profit based on an assumed number of sales, the profitability of the OILT programs is evaluated using the same level of sales as proposed in Scenario 3 with RELE. The comparison of the profitability can reveal the different franchise fee structure and its impact on profitability. It is also expected that certain amount of initial investments is required when switching to OILT. But at this stage, there is not sufficient information yet. The calculation simply assumed a similar cost structure as RELE, and did not include any additional investment. Based on the calculation, they will face a loss of close to â‚ ¬36,000. Compare this calculation with Scenario 3 at RELE, it can be concluded that by selling the same amount of classes, the RELE model is more profitable. Another calculation is done to prove the hypotheses that the OILT model is more profitable selling by quantity. By increasing the number of classes sold by 10% (which is still within their current capacity, therefore the same fixed cost applied), the profit almost doubled. Option 3 – Sell the building to EFEL The valuation of the building and the valuation of the business is, in total, around â‚ ¬2.6m. Details of the calculation can be found in Exhibit 3. Based on the calculation for the three options, it can be concluded that the â‚ ¬1.5m offered by EFEL is definitely not an attractive offer. Even if Maxime and Beatrice do not want to continue with their business, they should negotiate another deal with EFEL. Business Strategy Franchise model Since RELE’s only customer base is executive and it is assumed that the weekday programs are mainly sponsored by corporate, maintaining long-term corporate relationships would be RELE’s primary marketing focus. It also gives RELE reasons to centrally control their marketing effort because it is costly both in terms of time and money to build and maintain relationships with corporations and any mishandling of this relationship can adversely affect RELE’s image. The advantage of a centrally controlled sales operation reduces the franchisee’s cost in business development. The disadvantage is, RELE may not have the local knowledge to develop marketing strategy specific to the franchisees’ region and during economy downturn, franchisees have little to no freedom to recoup demand on their own. OILT on the other hand, is targeting at the mass individual consumers. It hardly controls any aspects of its franchisees’ operations. It also means that franchisees will have to decide every aspect of their growth strategy themselves. Customer As discussed earlier, RELE program is for executives while OILT program is for all adults, especially international tourists. A company’s customer base determines the identify of a company. If Maxime and Beatrice want to take up the OILT program, they may have to offer different type of food, different methods of teaching, different ways to promote their programs, different incentives to attract repeat customers and may be even different styles of decorations in the building. Company Maxime is a CEO of their family business apart from running RELE-Rouen with Beatrice. Even though they have been offering the RELE programs for 9 years now but because of the franchise policy, they have only been engaged in academic, administrative and hospitality related operations. Also due to the single type of customers, i.e. executives, they may not have the knowledge and skills in managing mass market. The professors working at RELE-Rouen  have an average age of 52. They may not adapt to new teaching methods of using multimedia very quickly. Competition Currently RELE-Rouen is enjoying a relatively low competition in the region. But OILT and EFEL are targeting at the same type of customers and both of them are interested in entering the region. If Maxime and Beatrice are to take up franchisee from OILT, EFEL is a competitor. Channels According to the financial estimate for the OILT model, it was concluded that in order to make a better profit, they have to sell a better quantity than they have now. Beatrice has little experience in sales and OILT franchise model requires an international sales coverage. OILT offers 10,000 international agents. Choosing the right agents and exploring alternative sales channel would directly determine the success of their business with OILT. Paco Valls, the OILT franchisee in Barcelona may not be a good reference to forecast Rouen’s business potential because of their different geographical location. In Barcelona, Paco Valls has direct access to both a large pool of tourists and the local residents, which Rouen does not provide. Market outlook As the economy starts to recover, Maxime and Beatrice should start to see a pick up in demand both in corporate spending and tourism. The potential of growth of the market also makes EFEL’s 1.5mn look less attractive. If Maxime and Beatrice is to switch to OILT, it is a good time to make the investment as well so that their new business will be up and running when the demand is back in full swing. People Maxime is 62 years old and will retire in 3 years. He may not want to engage in a new adventure and would prefer a stable income from a stable business. Beatrice’s only source of income is from their language school. And further losses can adversely affect her financial security. Their other siblings and the three teachers who have been working with them for close to a decade will also be affected if they decided to sell the school and the building. Synthesis After examining the three options Maxime has, it can be concluded that they will face another year of loss if RELE does not allow them to run their weekend program anymore. OILT is only more profitable if they can sell at a much higher quantity than they have now. And the 1.5m offer from EFEL is much below the valuation of the building and their business. Action Plan In view of the various potential and risks in their current business and their future alternatives, Maxime have to get an understanding with RELE if they can continue with their weekend programs in 2012 as soon as he can and if possible, he should make sure the contract reflects this provision. Maxime should also start negotiating with RELE on allowing them to offer English courses. At the same time, Maxime and Beatrice should also start doing market research in order to better understand the potential demand for OILT model in Rouen, such as the amount of tourists in the region, they can also look for OILT franchisees that are in similar geographical locations and learn from their experience and also help them estimate their financial future with OILT.

Friday, November 8, 2019

buy custom Impact of the Environment Factors on the Requirements Elicitation essay

buy custom Impact of the Environment Factors on the Requirements Elicitation essay Introduction Software development is a process that greatly relies on various stakeholders such as the end-users, software suppliers and software engineers. The needs of the customers lay the foundation for software development platform. These needs of the end-users often define the type and structure of software to be developed. It is important to identify and be able to assess the value that a newly developed software will bring to the organization. Additionally, it is worth noting that this value addition will greatly depend on the performance, structure, design and maintenance of the developed software (Wiegers, 2003). Any drawback encountered during the software design, systems bulding and testing should provide stepping stones for successful development of high performing software. Software developers should take into account environmental changes that may impact the software development process. They should be able to recognize the different types of requirements of software development that are needed at various levels of the process. Description of the Problem This thesis proposal will look at the most common factors to be considered during software development and the various impacts of environmental changes on software development process. Moreover, it entails evaluation and analysis of such major environmental factoors that influence software development. First, there shall be a partial study of the new software, after which it shall be tested and run in different environments. Keen observations shall be made to identify various problems that may rise during implementation and usage stages of the developed software. Testing and running the software in different environment will ensure its adaptability and usage in varied atmospheres and circumstances (Lauesen, 2002). Finally, there shall be development of a methodology that defines a range of software development requirements and effects of environmental changes on the same. In my view, this will help save time and other related costs that might be incurred during the development cycle. Buy custom Impact of the Environment Factors on the Requirements Elicitation essay

Wednesday, November 6, 2019

Top university rankings

Top university rankings University Oxford Tops Top places institutions struggle to obtain the highest places in the world scale rankings, since having all possible awards and honors; they struggle for the world’s recognition. It is something like sport race in academic circles. Having established huge research base and lecturing staff these educational giants compete in the quantity of trans-border students, researches and international prospect. There are the queues of students, who want to enter universities with the position in the top possible ranking and only the best of the best achieve this. Lucky owners of diplomas from these universities have all doors to successful carrier open before them. For the last five years California Institute of Technology occupied the leading place in regard to Times Higher Education table of the best universities. This year Oxford took the first place and made California Technology Institute to be put to a lower position (2nd place). New view on the British education Since the European Union membership referendum of the United Kingdom of 2016 there appeared a threat that it would reflect the attitude of many countries in regard to many spheres of the UK. And this point also has to do with education, as now the treatment of the UK education and its institutions by the international students can greatly change. The referendum seemingly already disturbs some incertitude in this sector and new changes appear in it. For example, the ability for some researchers and lecturers to cooperate with other European scientists underwent some shifts. Now it is not so easy for them to lead the mutual work in many educational aspects and scientific researches. The possibility to carry out some international education conferences and symposiums between the British institutions and those, which are located in other states in Europe is significantly lower, that before. Of course, as of now, this point is not of a great concern, but nevertheless, it visibly brought new issues and troubles. This year the British are the best The results shown this year in regard to the best institutions board of the Times Higher Education of world-wide leaderboard of universities undoubtedly make the United Kingdom proud. Oxford University, the oldest in regard to the English speaking world, became the first in the world ranking, leaving behind other institutions, and in particular, California Institute of Technology, which was the 1st past year. It should be noted that this year’s rankings results also showed the streaming moving up of Asian universities, coming to 25 best in the world. This means that institutions of the US and those in Europe, which so long possessed the superiority in regard to education, gave way to Asian universities concerning some points. These shifts cannot leave indifferent even the biggest skeptics, which prove that new times sometimes bring unexpected and unpredictable things. Oxford is the leader University of Oxford is known to be the university with the richest far-back history in English speaking world that was founded in about 1096 and since then remained one of the best institutions worldwide in all times. Thousands of trans-border multicountry students come to it for one of the best possible educations on the globe each year. Placed always in the top 10 universities in the world scale, it proved to provide the front-rank education, study conditions, scientific researches etc. at any time. In 2017 Oxford is the first in line worldwide not only in the Times Higher Education World University Rankings, but also in the Forbes's World University Rankings. Oxford was also recognized as one of the world’s â€Å"six super brands† in regard to World Reputation Rankings. And concerning the World University Rankings (QS) in relation to Subject, Oxford University obtained the first position in the list in relation to the Humanities disciplines, such as English Language and Literature, History and Geography. It can be stated that, no matter what time is nearby and what attitudes the world’s society can have, the rooted traditions prove to be the best. This is what can be said of the University of Oxford – the one that was always the leader and remains the one, no matter what.

Sunday, November 3, 2019

Commercial Law - Sales of Goods Essay Example | Topics and Well Written Essays - 1000 words

Commercial Law - Sales of Goods - Essay Example 224). A major requirement of these rules is that the goods have to be in a deliverable state and that they should be ascertainable, for the transfer in the property of these goods is to transpire. In addition, if the parties to the contract of sale so desire, the property passes from the seller to the buyer. This is in accordance with the provisions of sections 18 to 20 of the Sale of Goods Ordinance. In order to determine whether a party to a contract of sale has property over the goods in question, the courts of Hong Kong apply the law of contract of sale. In instances involving a third party, proprietary rights are established by taking recourse to the rules of the common law. Some contracts of sale of goods are made in a foreign nation (Barber). In such transactions the transfer of property in the goods is governed by the law of the nation where the goods had been located at the time of their sale. In the context of personal property that had been disposed of in a manner that was binding, as per the law of the nation where this property had been located at that time, such disposition has a binding nature in any country (Barber). It is only on being separated from the bulk that goods no longer remain unascertained. Property in such goods does not pass until these goods are separated from the bulk. ... 415). Under the provisions of the Sale of Goods Ordinance, a contract is termed a sale, if the property in the goods is transferred to the buyer from the seller. On the other hand, if the transfer of the property in the goods transpires at a later date or if the transfer is to take place only if some condition is to be satisfied, then the contract is termed a sale agreement (Sale of goods). Section 3(4) of the Sale of Goods Ordinance states that a sale agreement is transformed into a sale, when the time passes or the stipulated conditions governing the transfer of property in the goods are fulfilled. Moreover, section 3(2) of the Sale of Goods Ordinance states that a contract of sale could be conditional or absolute. Since the buyer had paid the sale amount and asked the seller to retain the goods for 4 days, the sale transaction had been completed and Kowloon Tong Squash Club had become the owner of the goods as per the provisions of Sale of Goods Ordinance The provisions of section 27 of the Sale of Goods Ordinance, address situations wherein the seller of goods remains in possession of the same or the documents relating to their title. In such instances, if a buyer purchases these goods from the seller, then the buyer may obtain good title. It is to be construed that the seller had been explicitly authorised by the buyer in the prior sale. However, the buyer in the subsequent sale should have acted without notice of the prior sale and in good faith (Mau, 2006, p. 288). There are two situations that could arise, whenever the owner of some property legally parts with its possession. First, the owner intends to exercise exclusive control over the property, which deprives the receiver of the property of any possessory rights.

Friday, November 1, 2019

Sensory Perceptions Essay Example | Topics and Well Written Essays - 500 words

Sensory Perceptions - Essay Example For instance, an individual perceives that it is cold since the sky is gray and trees are being swayed by the strong wind. The interpretation that the temperature is cool is coherent with the surroundings’ state. Information is also believed to be accurate when the cause and effect add up. For example, a person believes that he heard a loud sound when he hit a drum. Facts supported by research aids in making sensory information believable. For instance, it is reasonable to feel cold even if the weather is warm if one has fever. This is caused by the body’s signals to the brain (hypothalamus) to raise the temperature to kill unwanted foreign bodies. Since the temperature becomes lower than the set point, the hypothalamus sends the message that it feels cold. Even if the perception is not consistent with the environment, it can still be explained by medical facts. Three factors that can affect the accuracy of sensory information are: cognition capability and information source, reliability of stimuli, and the brain’s interpretation of the stimuli (Goldstein, 2009). Firstly, the five senses serve as the receptors for data. These data are then sent to the brain via neural pathways for perception. The accuracy of both sensation and perception affects the quality of the sensory information. Secondly, the more dependable and consistent the facts observed, the more accurate the sensory perception will be. Thirdly, the brain must be in good physical shape to be able to function properly. Nature and nurture have always affected the existence of beings (Myers, 2009). These two forces also have significance in the assessment of sensory data. The human body’s development is affected by the elements around it like time, temperature, and food. Inherited traits such as physical attributes, allergies, and diseases are likewise essential in determining one’s existence. Considered under nature are some atypical conditions of the nervous system that are not proven to