BUSINESS LAW Master Case Study Example | Topics and Well Written Essays - 2000 words

BUSINESS LAW Master - Case Study Example The contract also contained a clause that Supercool would not be liable for any loss or damage caused during stocking or maintainence of the show case by the staff of supercool. On the 30th of November 2008, Nick, now an employee of Supercool, made a delivery of the special lager to the bar at the football ground, and commenced to clean the glass case before stocking it. Unfortunately he stumbled and fell as he was cleaning the plate glass, causing several panes to break and crash to the ground. Falling glass caused damage to some bar furniture. One piece of broken glass caused a gash to the shin and right foot of Ethel, a member of the bar staff. Ethel didn't seek medical attention immediately, and, a week later the wound became badly infected, causing a permanent restriction of movement in her foot. John is now demanding compensation for damage caused to the bar area, and Ethel is claiming against Supercool for her injuries. Supercool have referred John to the clause in the contract, and have denied any liability to Ethel for her injuries on the basis that it was Nick and not the partnership who caused the injury and that, in any event, her failure to seek medical help immediately, has relieved anyone from legal liability for her injuries. I would advise Supercool that they have a bright chance to defend ... The Question of Compensation to John for the damage caused to the bar area. I would advise Supercool that they have a bright chance to defend the claim from John. As per the facts of the case on the 15th of November,2008, the partnership agreed with John, the manager of Inky Town F.C. to manufacture 5000 bottles of premium lager commemorating the club's 100 years in the football league. Under the terms of the contract Supercool would provide a large glass show case for six months, which would be both stocked and maintained by employees of Supercool in Inky's bar located at the football ground. The contract also contained a clause that Supercool would not be liable for any loss or damage caused during stocking or maintainence of the show case by the staff of supercool. According to the basic ingredients of the contract act there was a perfectly valid contract between John as the manger of Inky Town F.C. and Supercool. There was an agreement between John and Supercool and later on the agreement culminated in to a full fledged contract after both the parties co ming on an agreement on the terms of the contract. There was meeting of minds between John and Supercool in the same sense and no ambiguity regarding anything. The facts of the following case Carlill v. Carbolic Smoke Ball Co.(1893)I.Q.B.256 amply demonstrate the principles as to offer, acceptance "Contract - Offer by Advertisement - Performance of Condition in Advertisement - Notification of Acceptance of Offer - Wager - Insurance - 8 9 Vict. c. 109 - 14 Geo. 3, c. 48, s. 2. The defendants, the proprietors of a medical preparation called "The Carbolic Smoke Ball," issued an advertisement in which they offered to pay 100 to any person who contracted the influenza after having used one of

Total Quality Management Article Example | Topics and Well Written Essays - 1500 words

Total Quality Management - Article Example The first approach conceptualizes TQM as a limited set of technical tools(such as statistical process control and Pareto analysis) while the second approach views TQM as part of broader changes to human resource (HR) practices. Soft TQM corresponds to human factors like commitment, team work and so on which contributes to organisational performance. It plays dual roles. One is to create an environment where seamless diffusion and implementation of hard TQM can take place, and the other is to directly affect organisation's performance in the same way that traditional human resource management (HRM) practices impact organizations. (Ahire et al. 1996). Hard TQM tools tend to be more profound in companies that adopt strategies to increase stakeholder commitment and incorporate the views of employees in decision making processes. It views the organization on the whole as a system. It can be concluded that soft TQM will affect elements of hard TQM, in addition to having a direct impact on performance. In this study Organisational performance is expressed using seven variables used by (Samson and Terziovski, 1999) amongst six variables of soft TQM used by (Dow et al. 1999) and the four elements of hard TQM adopted by (Power et al, 2001). 1. ... 1. Direct effect of soft TQM on organisation's performance: Three (executive commitment, open organization and employee empowerment) of 12 soft TQM factors correlate to corporate performance (Powel, 1995). Again 3 (workforce commitment, shared vision and customer locus) of 9 factors influence corporate performance (Dow et, 1999). 2. Indirect effect of soft TQM on organisation's performance: Here soft TQM influences hard TQM for performance. A blend is required as attention to process, product and information technology may yield quality improvements, but ultimately it is 'people that make quality happen' (Bowen, 1992). Executives appear to understand that employee motivation, education and corporate culture all have an important role to play in efforts to improve quality, even if they are uncertain about how HR-based quality improvements can be implemented in practice (Bowen & Hart). 3. Direct effect of Hard TQM on corporate performance: Hard TQM contemplates in stressing continuous improvement and treat organization as total systems (Sitkin et al, 1994). For instance, product and process benchmarking has resulted in optimal product design and process cost reduction at companies such as Ford, Motorola, Xerox and General Motors (Main and Templin, 1992). Brief Description of areas investigated: A total of 3000 Australian manufacturing sites were surveyed of which 962 sites responded, yielding a response rate of 32 percent. A telephone survey of 108 non-respondents was conducted after the main survey, and no evidence of non-response bias was found (AMC, 1994). Since the survey instrument consisted of a large number of questions (a total of 260), the results of the survey were also tested for respondent fatigue. It was found that the