Strategic Management Project Emirates Airlines

Executive Summary Emirates Airlines is one of the most profitable and rapidly developing airlines in the world. It is the part of the Emirates Group and headquartered in Dubai, the United Arab Emirates. The airline company develops according to norms and tendencies of the local and global aviation industry and markets.Advertising We will write a custom report sample on Strategic Management Project: Emirates Airlines specifically for you for only $16.05 $11/page Learn More At the macro-environment level, operations and the strategic development of Emirates are most influenced by political, economic, and technological forces. To guarantee the effective long-term performance, Emirates needs to address the increasing competition within the market and the negative impacts of political and economic factors. In spite of using the successful strategy that is oriented to increasing the brand loyalty and quality of services, Emirates can face problems in the futur e associated with the lack of the appropriate diversification strategy. In this context, it is necessary to propose Emirates to focus more on adapting to market trends in terms of planning to address the larger group of customers. The competition in the industry increases and recommendations for Emirates should also include the market expansion. This approach will lead to improving the policies regarding customer services and to appearing the budget routes for travelers from different countries. These recommendations are important to contribute to enhancing the company’s long-term performance. Introduction Emirates Airlines is one of the rapidly developing airline companies in the world. The aviation industry suffers from a range of political and economic obstacles and challenges today, and much attention should be paid to the strategy followed by Emirates to compete in the market. The purpose of this report is to provide the results of the Emirates strategic case analysis wi th the focus on the PESTLE analysis, the Five Forces analysis, the SWOT analysis, and the Stakeholder analysis. The report also aims to identify the potential problems in the strategic development of Emirates and propose recommendations to improve the future performance. Description of the Emirates Emirates Airlines is the part of the Emirates Group headquartered in Dubai, the United Arab Emirates (UAE). The airline began to operate in the 1980s, and it is the ownership of the government of Dubai. Today, Emirates provides its services in more than 70 countries all over the globe, and its staff is more than 55,000 employees (â€Å"Emirates Home† par. 2).Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The company has one of the largest fleets in the industry, and it focuses on applying the latest technologies to its development. In addition, during several years, Emirates realizes th e strategy oriented to buying more aircrafts and expanding the fleet. It is possible to speak about more than 6 million of loyal customers using services of the company (Nataraja and Al-Aali 472). Therefore, Emirates is the leading airline in the Gulf region and the Middle Eastern region. The success and profitability of the company depend on the effective policies adopted by the Dubai government and on the provided financial support for the company. As a result, Emirates operates in the context of the â€Å"open skies† policy promoted by the government of Dubai, and its commercial potential is constantly increasing (Oxford Business Group 28). The company’s vision is based on the idea that customers need to receive high-quality services, and much attention should be paid to gaining the customer loyalty and developing the positive relationship with the community. The PESTLE Analysis and Macro-Environment Levels In order to evaluate the strategic management of Emirates, it is necessary to analyze macro-environmental factors that influence the development of the business focusing on political, economic, social, technological, legal, and environmental forces. Political Forces Despite the fact that the current political situation in the Middle Eastern region is discussed as unstable, these political forces have the limited effect on the progress of Emirates. During the decade, the company operated with references to the business and political agreements of the UAE with the countries of the Gulf region, the Asia-Pacific region, and the Western countries (Nataraja and Al-Aali 473). The active political cooperation of the UAE with the countries from the mentioned regions contributed significantly to the development of the aviation sector. However, today trade opportunities for airlines are rather limited because different nations all over the globe changed their courses regarding relations within the aviation sector due to the complicated political situa tion. Therefore, depending on the political situation in the region, Emirates had to change their business course, review activities according to recent trends in the open skies policy, and refer to the support of the Government of Dubai (â€Å"Emirates Home† par. 3).Advertising We will write a custom report sample on Strategic Management Project: Emirates Airlines specifically for you for only $16.05 $11/page Learn More Economic Forces The UAE are discussed among the most rapidly developing countries in the Middle Eastern region. The economic potential of the whole country increases, as well as the income of the state’s citizens. As a result, more people choose Emirates to fly in the country, and they also use the air transportation for flights to the USA, the European countries, and to the Western countries (The Emirates Group 4). The recent financial crisis caused by the political situation affected economies of developed and developing countries and the airline industry. However, Emirates tries to keep leading positions in the country and region while changing the marketing strategies and orienting to other consumer categories. Social Forces Emirates focuses on attracting multicultural employees in order to address needs and interests of all consumers. As a result, the issue of diversity is important for the company. In addition, the social situation in the UAE allows recruiting employees at comparably lower costs than it is in developed countries. The flow of migrants in the UAE is high, and the job in Emirates is discussed as one of the most attractive ones. As a result, the company allows hiring employees with diverse backgrounds and spends more attention to spending resources on their training rather than compensation (Nataraja and Al-Aali 474). However, the level of benefits remains to be high in the region and corresponding with the social policies in the UAE. Technological Forces Emirates pays much attenti on to using technological innovations in the industry for improving the quality of customer services. Therefore, the company actively uses the latest innovations in the field, and the focus is on new technologies to support operations of the company globally. The large technological base is important for Emirates because the company operates in many countries, and services in all regions need to be provided in time and in the most efficient manner (Oxford Business Group 32). As a result, the technological platform is expected to be developed, and the company’s leaders pay much attention to recent researches in the field and invest in the most promising technologies. Legal Forces Current legal policies and norms regarding operations of the airline industry in the UAE can be viewed as supporting the further growth of Emirates. The reason is that authorities reviewed their approaches to legal norms, tax policies, and laws regarding the operations in the industries supported by t he government (â€Å"Emirates Home† par. 22). The positive consequences of this process are the creation of the more open airline industry and more possibilities for increasing the competitive advantage globally.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Environmental Forces The UAE policies regarding the protection of the environment are rather strict, and Emirates is one of those companies that concentrates on the development of effective and working sustainable programs. Emirates regularly launch the environmental projects and participate in the governmental programs oriented to protecting natural resources in the country (â€Å"Emirates Home† par. 23). Environmental laws also influenced policies of Emirates regarding the waste management and decreases in the water and energy consumption. The Five Forces Analysis The Porter’s Fiver Forces analysis is important to study how specific features of the industry’s development can be used to increase the competitive advantage of Emirates. Threats of New Entrants Emirates operates in the airline industry while proposing the high-quality and even luxury services. The threat of new entrants in this industry is minimal because of the necessity to have significant capita ls, propose differentiated services, and gain the customer loyalty within the short terms. As a result, new entrants can compete only in the sector while providing low-cost services and flights. Bargaining Power of Supplier’s The impact of suppliers in the industry is high because changes in suppliers’ prices and propositions influence the quality and costs of provided airline services directly. The main suppliers in this context are aircraft producers (Davahran and Yazdanifard 3). The costs associated with buying new aircrafts for the fleet are rather high for Emirates today. Bargaining Power of Buyers The impact of buyers on the industry development is also high because Emirates is directly oriented to satisfying needs and expectations of their customers. Changes in clients’ interests and attitudes influence the progress of the business because today more passengers choose low-cost services, and they are focused on discounts (Rahman, Azad, and Mostari 24). The customers also use advantages of the highly competitive market. Threats of a Substitute Products or Services High prices for tickets make customers choose the alternative variants of transportation. In spite of the fact that the threat of substitutes in the airline industry is rather low, it is high while discussing Emirates as the global company proposing the transportation services (Nataraja and Al-Aali 474). In this context, passengers often choose cheaper services while planning their business or holidays trips. Rivalry amongst Existing Firms The level of competition in the airline industry among the market leaders is high, especially with references to concrete regions. Customers can choose among different services proposed by a number of companies in the industry (Oxford Business Group 54). Therefore, the rivalry is intense in the UAE, among the airlines of the Gulf region, and in the Middle Eastern region. The SWOT Analysis The SWOT (strengths, weaknesses, opportunities, and threats) analysis is important to demonstrate what internal factors can influence the strategic development of the company. Strengths Emirates is the largest airline in the UAE that operates in more than 70 countries all over the globe. One of the main strengths of the company is the support of the government that resulted in many trade agreements for the company abroad. Thus, today Emirates is the widely known brand that has a feature of adapting to the market needs. The brand is popular because of the company’s strategy to propose customers the high-quality services based on the work of the latest technology and skilled staff (The Emirates Group 8). The company refers to the development of the technological base using the most innovative fleet and infrastructure or supporting services; to the development of the diverse human resource base; to the strategic use of finances; and to the improvement of the brand recognition. Weaknesses The weaknesses in the strategy of Emirate s are associated with the high reliance on the economic situation as the external factor and on changes in financial and oil markets. The current financial situation in the region also affected the progress of the company, and it had to review its industry for the following fiscal year. In this context, Emirates depends not only on the changes in the national economy but also on changes in the global markets and aviation industry (Rahman, Azad, and Mostari 25). One more weakness is the limited application of the diversification strategy. The company does not serve needs of middle-class passengers while reducing the number of potential customers. Opportunities Emirates can develop and increase its competitiveness while focusing on entering low-cost markets, targeting middle-class passengers, and expanding services in the larger number of countries. In addition, strategic opportunities are also associated with using more advanced technologies in order to compete effectively in the glo bal aviation market. The company can benefit while concentrating more on the liberalization of its main strategy to address the needs of new markets. At the current stage, the company serves interests of high-income customers, but it is possible to pay more attention to the diversification and enter new markets while addressing expectations of new categories of passengers (Nataraja, and Al-Aali 480). This approach will allow widening the overall scope of services provided and the business’s impact in the world. Threats The main threats for the further strategic development of Emirates are the progress of the rival companies in the air transportation or aviation industry; the changes in the fuel prices influencing the economy of the UAE; and the worsening of the current political and economic crises globally influencing the buying capacity of customers. Rivals of Emirates such as Gulf Air Company and Qatar Airways Group are also oriented to expanding markets, and the competiti on within the airline industry increases. More problems can be associated with the political, economic, and financial crises because any changes in oil prices affect the development of the business (Rahman, Azad, and Mostari 25). In addition, the unstable political situation can lead to appearing more obstacles for the development of the airline business oriented to high-income persons (Fig. 1). Strengths Governmental support Wide market Global brand recognition Effective differentiation strategy High-quality services Use of innovations Weaknesses Dependence on changes in the oil and financial markets Lack of the improved diversification strategy Exclusion of budget passengers Opportunities Entering low-cost markets Middle-class passengers Market expansion Diversification Innovation Threats Increased competition Political changes Changes in oil prices Figure 1. SWOT Analysis. Stakeholder Analysis Stakeholders in the airline industry are numerous. For Emirates, the main stake holders include the government, customers, suppliers, services providers, prospective customers, the press, the public, and the community. The level of these stakeholders’ impact on the strategic progress of Emirates is different. The most influential are stakeholders that need to be managed closely because their levels of the power and interest are high. These stakeholders for Emirates are customers because their interests and satisfaction are the highest priority for the company. The other influential group of stakeholders is those ones who also need to be kept satisfied, but their level of interest is lower in contrast to the power level. These stakeholders are suppliers. The power of the government is also comparably high, and the authorities’ interest in the progress and strategies of Emirates is also high. Therefore, the government of Dubai and the UAE authorities need to be not only regularly informed on the progress of the airline industry but also be kept sati sfied (â€Å"Emirates Home† par. 14). The service providers, including airports, also belong to this group of stakeholders in relation to Emirates. The group of stakeholders that needs to be kept informed includes the prospective customers, the public, and the community because the increase in the brand recognition and the customer loyalty will directly lead to the increases in the number of passengers. The less influential group includes the press (â€Å"Emirates Home† par. 15). Although the public activities of Emirates are high, the company does not pay much attention to communicating with the press while choosing the other media to promote its services (Fig. 2). Figure 2. Stakeholder Analysis. Blocks of the Competitive Advantage The competitive advantage in Emirates is based on traditional four blocks: Efficiency Efficiency is guaranteed through following developed recruitment and compensation policies oriented to decreasing labor costs. Another approach is the im provement of employee productivity with the help of enhanced training sessions. Quality The constant improvement of the provided services’ quality is a priority for Emirates. Much attention is paid to training the personnel and to guaranteeing the safety of clients during flights (Nataraja and Al-Aali 476). Innovation The innovation is another factor to explain the popularity of Emirates. The company follows the strategy of a pioneer in providing services while addressing individual needs of clients and improving the technological platform. Clients have opportunities to use private suites and entertainment systems on board. Thus, 60% of the company’s costs are associated with investing into the research and development department (The Emirates Group 4). Customer Responsiveness The customer loyalty depends on the fact that Emirates provides the most customer-friendly services in the industry with the high responsiveness while allowing easy check-ins and other advantages of the e-ticketing system and comfortable lounges (The Emirates Group 3). The customers associate Emirates with the high-class services, safety, innovation, and comfort. Emirates Competencies Emirates have many distinctive competencies, and their progress depends on providing the luxury services globally. The additional advantage is the high-skilled international personnel. Moreover, the company uses only the latest technologies to address the customers’ expectations (Nataraja and Al-Aali 476). Finally, the focus is on providing distinctive VIP services. Emirates Differentiation Strategy The company remains to be the marketing leader in the industry while applying the differentiation strategy and providing the high-class luxury services for the VIP clients and wider population (â€Å"Emirates Home† par. 16). The company differentiates in the market developing the close relations with suppliers of aircrafts, including Boeing, and it is concentrated on building the high -quality infrastructure while investing in airports and additional services. Strategic Alliances Emirates does not participate in airline alliances at the global level because of the specifics of their strategy. The airline develops the competitive advantage focusing on the independent positioning in the market to prevent the dependence on the alliance partners (â€Å"Emirates Home† par. 18). Global Course Emirates serves the needs of the market not only nationally but also globally. The company further develops the course for expanding the markets. At the current stage, the main focus is on entering the regional markets covered by the North American companies (The Emirates Group 5). Potential Problems In spite of the fact that the current strategy of Emirates is effective and leading to the company’s success, it is important to identify the potential problems in the strategic development of the business. The main problem is the possible inappropriateness of the curren t management and marketing strategies to address the needs of customers in the rapidly changing political and economic environments. Although the strategies followed by the company today are rather efficient, the problem is in the fact that the airline industry and market can face significant challenges in the future if the economic crisis in the Middle Eastern and Western countries develops. In this context, more attention should be paid to the formulation of the effective adaptation strategy to enter more markets and to compete with rivals effectively (Davahran and Yazdanifard 3). The other problem is the considerable dependence on the government’s support and oil prices in the global market. If the significant fluctuations in the oil prices and changes in the financial markets are expected, the aviation industry in the UAE is at risk of having high losses because the currently followed strategy is oriented to the context of the rapidly developing economy. Recommendations f or Improving the Long-Term Performance Having analyzed the strategic growth of Emirates with the focus on the external environment and on internal forces, it is possible to propose certain recommendations for the company to address the potential problems in the future. The first recommendation is to revise the differentiation strategy and pay more attention to the diversification strategy in order to make the company’s approach more adaptable to the changes in the airline industry and markets. At the current stage, Emirates focuses on serving the high-income passengers, but the discussion of the other group of perspective middle-income customers is also important. This approach will be efficient and provide positive outcomes while being connected with the approach of decreasing overall operational costs. The other recommendation is associated with the necessity to address the increasing competition in the industry. The rivals in the airline industry market are active, and Emi rates need to focus on expanding their services and selecting more routes because such approach guarantees the stable leading positions in the market. Emirates needs to determine what new travel routes can be discussed as most beneficial for them in order to attract more customers as representatives of different income groups. In this context, the effective implementation of the diversification strategy should be supported by the company’s global expansion. These recommendations can be discussed as effective to contribute to the improvement of the company’s long-term performance. Conclusion Emirates remains to be one of the most successful airlines in the Middle East. In addition, the company works to improve the global brand recognition. At the current stage, the company is able to adapt the strategy to the influential external factors, but the problem is in the fact that more approaches can be necessary for the future. From this point, it is important to provide reco mmendations for Emirates regarding the improvement of the strategic development in the long-term perspective. Works Cited Davahran, Ngaveena, and Rashad Yazdanifard. â€Å"The Importance of Managing Customer Service, Safety Quality and Benchmarking of Airports and Airlines to Enhance the Performance and Customer Loyalty.† Global Journal of Management and Business Research 14.4 (2014): 1-9. Print. Emirates Home. 2015. Web. https://www.emirates.com/english/. Nataraja, Sundaram, and Abdulrahman Al-Aali. â€Å"The Exceptional Performance Strategies of Emirate Airlines.† Competitiveness Review: An International Business Journal 21.5 (2011): 471-486. Print. Oxford Business Group. The Report: Dubai 2014. London: Oxford Business Group Publishing, 2014. Print. Rahman, Khadiza, Sumi Azad, and Sabnam Mostari. â€Å"A Competitive Analysis of Airline Industry: A Case Study on Biman Bangladesh Airlines.† Journal of Business and Management 17.4 (2015): 23-33. Print. The Emirat es Group. Emirates Airline Overview. 2010. PDF file. 10 Oct. 2015. http://www.theemiratesgroup.com/english/images/04_EK_Overview_tcm409-560539.pdf. This report on Strategic Management Project: Emirates Airlines was written and submitted by user Demetrius Huff to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

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Factors in a Commercial Contract INTRODUCTION: A commercial contract is a contract viewed by the courts unless it has been indicated otherwise, to be legally binding. It doesnt have to be a written contract, as any contract between two parties that mostly relates to a commercial issue, is known as a commercial contract. It can be contract between a corporation and its customers, or the corporations themselves. To ensure that all contracts are legally binding, there is a structure that has been set in place by the law, that shows the ways and means to draft these agreements and to be made fully aware of that, breaking of these contractual agreements is a very serious offense in the eyes of the law. TERMS IMPLIED BY STATUE FROM CUSTOM AND STRUCTURE: In commercial trades, there are implied terms into the contract that must be contracted out of on the off chance that they fulfil the sensibility test laid out in the Unfair Contract Terms Act 1977. 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There is a safeguard that ensures the dealer does not have the privilege to offer the merchandise, where the products are sold by interpretation, there is an implied term that the products will compare to its portrayal, and the corporation must guarantee that the products they offer are of an acceptable quality and its purpose. There is an implied term that the merchandise will match its quality, even if they are vended as samples. In the case of Ashington Piggeries [1972], Lord Wilberforce upheld that the test for purchasing by narrative, is more judgment skills test in view of expectation of what the parties needed as opposed to some metaphysical discussions, with regards to the way of what is conveyed, contrary to what was sold.[1] Terms implied from custom or usage, differs from other implied terms. This is solely based upon the reason that, whilst this particular term in question is centred on practice, the other terms are established necessity. Meaning that, this particular implied term, cant eject the express term of the agreement. They are ejected by an essentially implied term, or by intrinsic in the nature of the agreement. As Sir Christopher Staughton said. It is rare in modern times to find that a contract is varied or enlarged by custom.[2] Considering the case of Cuncliffe Owen v Teather and Greenwood [1967], for the conditions of the agreement to be obligatory, it is a necessity that the procedure is notorious, certain and reasonable, and not contrary to lawà ¢Ã¢â€š ¬Ã‚ ¦.[3] TERMS IMPLIED BY THE COURTS: The courts interpretation of contracts is important in legal practice. The Privy Councils assistance on the ramifications of agreement terms in Attorney General of Belize v Belize Telecom Ltd [2009], has maybe amusingly, turn into a lesson in the troubles of translating a legitimate content. Individuals who make contracts are authorised to discern what the courts will interpret of what a contract agreement is. It is in light of a legitimate concern for the gatherings to an agreement, and in the general population premium, that judges ought to force some limitation to forestall time and cash being squandered in considering a mass of insignificant evidence. The concern of implied terms emerges once the express terms have been understood, and an implied term cant be incorporated where it would disprove an express term. As Bingham MR said (Philips Electronique Grand Public SA v British Sky Broadcasting Ltd (1995)), It is tempting for the court then to fashion a term which will reflect the merits of the situation as they then appear. Tempting but wrong.[4] MS established that it is fundamental for the corporations viability that the duty to reimburse ought to be inferred into the rent. The contradicting contentions on the proprietors part incorporated that the suggested term would lie uneasily with the express rent terms. The express arrangements highlighted that the gatherings had guided them to the particular question of what costs were to be made, if whether or not the leaseholders break was applied. There was a mighty contention this made it wrong for the court to venture in and fill in what was close to an uncertain breach.[5] The decision made in Marks and Spencer Plc v BNP Paribas Securities Trust Company (Jersey) Ltd [2015] was a very important verdict, that made an impact on various tenants and the beliefs based upon whom, preceding to the resolution was deliberated that, in order to substance a bit of fairness, the proprietor shall reimburse the upfront fee that was made, in veneration beyond the disbanding date of the contract, as a result of the tenant effectively applying a break right.[6] At first occasion, Morgan J maintained the occupants claim. Referring to Belize, he asked himself whether the proposed term would illuminate explicitly what the reasonable result will comprehend, regarding the meaning of the agreement made. He perceived that, had the break premium been paid before 25 December, with the goal that it was sure at that date that the break notice would be viable, the occupant would have been qualified for pay just a proportionate piece of the lease for the quarter. As Morgan J establi shed, the suggested implied term is necessary to give business efficacy to the lease.[7] Although the influence of applying the pertinent lawful standards might be out of line bias to the inhabitant or a fortune for the proprietor, those results are probably not going to be adequate to oblige the proprietor to make a reimbursement. The express terms of an agreement will frequently neglect to accommodate a specific arrangement of realities. The court will, for the most part, find that this exclusion was considered, if something was intended to happen, the agreement would have indicated this. At times, be that as it may, the court will imply a term in fact, finding that the agreement truly provides for the issue, though certainly. A term may be implied in the event that it fulfils the trial of corporations needs, or is obvious to the point that its implied, and it will be an uncommon case which fulfils just a single of these two necessities. An imperative element for the Supreme Court was the built up lawful foundation against which the rent was gone into, especially, in connection with the distribution of lease payable ahead of time. It has for quite some time been entrenched that lease, regardless of whether payable in arrear or progress, is not apportion able in time in precedent-based law. While the Apportionment Act 1870 takes into consideration lease payable in arrears.[8] Demonstrated in the case of Ellis v Rowbotham [1900] where the court held that, the Act does not make a difference to lease payable ahead of time. The Court dismissed the contention that Ellis ought to be overruled. The Supreme Court examined in detail Lord Hoffmanns persuasive remarks in Attorney General of Belize v Belize Telecom Ltd [2009], where he recommended that the way toward suggesting terms into an agreement was a piece of the practice of the development, or translation, of the agreement. Lord Neuberger give occasion to feel qualms about those remarks regarding them as a characteristically inspired discussion rather than authoritative guidance on the law of inferred terms. [9]Before Belize, it was entrenched that the court would just infer a term into an agreement on the off chance that it was important to give the contract corporation viability, or if the term was obvious to the point that it abandoned the last regularly showed, with the officious bystander test in Shirlaw v Southern Foundries (1926), undermining the test in The Moorcock (1889).[10] On the off chance that neither one of the tests was fulfilled, the misfortune would stay in the exact stop it tumbled. Lord Neuberger then went on to state a very important vital point which was that the express terms of an agreement must be translated before one can consider any question of suggestion. It is simply after the procedure of interpreting the express words is finished that, the issue of an implied term tumbles to be considered. Until one host chose what the gatherings have explicitly concurred, it is hard to perceive how one can set about choosing whether a term ought to be inferred, and if so what term.[11] CONCLUSION: After thoroughly reading into the grounds of implied terms, and the circumstances of which they will apply to, it is clear that there are reserves for an implied term would be reasonable, as well as without it the break right would work eccentrically. Yes, many contract terms can be suggested, however, the act of utilising inferred terms is subject to the courts capacity to give the best possible and planned intention to the terms. The court frequently expects that specific terms are basic learning and that both sides comprehended the meaning of those terms without characterising the terms in detail. If the common significance of the words would prompt to an irrational outcome, then it should be consider whether there is a reasonable hold under other significances. After a contract has been made, neither parties can depend certainties emerging or other information, as a guide to its importance. BIBLIOGRAPHY: Andrews N barrister, Contract law (Cambridge University Press 2011) McCunn J, Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas (2016) 79(10.1111) ModernLaw Review McKendrick E, Contract law: Text, cases, and materials (6th edn, Oxford University Press 2014) Davies PS, JC Smiths the law of contract (Oxford University Press 2016) Ross C, Supreme Court clarifies law on implied terms: Business efficacy test remains (2016) accessed 20 February 2017 LLP 2017 A, Supreme court restates the law on implied terms (2016) accessed 20 February 2017 Staughton SC, How do Courts Interpret Commercial Contracts (1999) 58(2) The Cambridge Law Journal Weitzenbà ¶ck EM, English Law of Contract: Term pf Contract (Uio, March 2012) accessed 22 February 2017 Supreme Court decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72, (Falcon Chambers) accessed 22 February 2017 [1] Richard Austen-Baker, Implied terms in English contract law (Edward Elgar Publishing 2011) [2] Richard Austen-Baker, Implied terms in English contract law (Edward Elgar Publishing 2011) 79 [3] Richard Austen-Baker, Implied terms in English contract law (Edward Elgar Publishing 2011) 86 [4] Neil barrister Andrews, Contract law (Cambridge University Press 2011) 372 [5] Joanna McCunn, Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas (2016) 79(10.1111) ModernLaw Review [6]  Ãƒâ€šÃ‚   Joanna McCunn, Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas (2016) 79(10.1111) ModernLaw Review [7]  Ãƒâ€šÃ‚   Joanna McCunn, Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas (2016) 79(10.1111) ModernLaw Review [8] Ewan McKendrick, Contract law: Text, cases, and materials (6th edn, Oxford University Press 2014) [9] Paul S. Davies, JC Smiths the law of contract (Oxford University Press 2016) 182 [10]  Ãƒâ€šÃ‚   Neil barrister Andrews, Contract law (Cambridge University Press 2011) 365 [11]  Ãƒâ€šÃ‚   Paul S. Davies, JC Smiths the law of contract (Oxford University Press 2016) 182

Stonehenge :: essays research papers fc

Stonehenge, the most famous Neolithic monument, had a great significance to the ancient people of England. The monument, which is located in the Salisbury Plain, was built and reconstructed many times starting in about 3200 BC to about 1650 BC. The stones that were used to construct the monument weighed anywhere from 25 to 50 tons apiece, in some cases the stones had to be dragged to the plain from up to 20 miles away.(Marvin Perry,19) Stonehenge went through three major phases, the first of which was when the ancient people created a bank of chalk and a ditch, inside the bank there was 56 pits. The second phase was when 82 blocks of bluestone, about 4 tons each, were brought to the site. Using the bluestone the ancient people made a double circle in the bank and they formed an avenue leading to the River Avon. The third phase was the ancient people removed the bluestone and replaced it with sandstone, weighing 25 to 50 tons each.(Stonehenge,1) The main reason for Stonehenge being bu ilt by the ancient people of England was as a calendar because they needed a way of keeping track of important dates. The ancient people of England didn't have a formal calendar like today's society does. For this reason they had to rely on other ways of keeping track of the time during the year. In this particular case the ancient people of England used the Stonehenge for record keeping. "In 1964 the American astronomer Gerald S. Hawkins reported findings obtained by supplying a computer with measurements taken at Stonehenge together with astronomical information based on celestial positions in 1500 BC when Stonehenge was in use."(Encarta, 1) Hawkins believed that the ancient people were able to gather information about the sun and the moon, with accuracy. He believed that Stonehenge was used to predict the seasons by examining the position of the sun and moon to the earth. Stonehenge's axis is pointed in the direction of the sunrise at the summer and winter solstices, for this reason some scientists believed that ancient people were able to predict eclipses of the sun and moon by their p osition in relation to the monument. The ancient people of England had many religious beliefs that they followed and believed in. They also probably had religious holidays that they had some kind of ceremony for. Some people believe that they used Stonehenge to determine what time of the year it was and to figure out what religious ceremonies were coming up.

Exploration of Irony and Surprise Essay

Irony and surprise are common literary devices authors use to communicate their ideas when writing literary works. Irony allows the writer to suggest an interpretation that is different from the literal meaning of the words used in the text. The element of surprise allows the writer to manipulate the reader’s expectations and take them somewhere completely different. In the short stories, A Good Man Is Hard to Find by Flanney O’Connor and Happy Endings by Margaret Atwood, both authors use the element of irony and surprise to engage readers and to develop deeper levels of meaning in their text. In A Good Man is Hard to Find, O’connor uses several kinds of irony to communicate her message about the human condition. The foreshadowing of irony is established in the very beginning of the story when she gives us the reason for the grandmother getting dressed for the car ride. â€Å"In case of an accident anyone seeing the dead on the highway would know at once that she was lady. † The grandma is a character that is narrow-minded, ignorant, and critical of others but not of herself. She has the idea that the goodness of a person can be determined by their physical appearance and outward behavior. After the car crash,the Misfit makes an appearance and the grandmother recognizes the Misfit. His politeness, which is sincere but also done to put the family at ease, draws out the grandmother’s assessment of the Misfit: â€Å"Listen,† the grandmother almost screamed, â€Å"I know you’re a good man. You don’t look a bit like you have common blood. I know you must come from nice people! † At the beginning of the story, her opinion about the Misfit is quite the contrary but realizing the Misfit intends harm, she changes her opinion to save herself. The dramatic irony occurs towards the end of the story when the grandma who has been superficial till this point, is in her final moments alone with the Misfit and is able make sense of everything that has gone wrong in her life. She has an epiphany and feels sympathy for the Misfit as â€Å"one of [her] own children. † She is showing that she has found the ability to see others with compassion and kindness but this consciousness is immediately followed by three bullets to her chest. In Happy Ending by Margaret Atwood, we can trace the irony in the story’s title in relation to its content. In story A, we are given a perfect story of what an ideal marriage should be but the John and Mary still die and that is not a happy ending. Atwood challenges the reader to engage with all that happens in the middle because the journey is the interesting part In story A, John and Mary appear to be happy because they possess the ideal elements to a happy lifestyle: fabulous jobs, money, children, a large home, and personal luxuries. However, at the end of the story, they just die and the story comes to an end. As the stories progress, the characters’ lives become a bit more complicated, but they still always end up at story A, and they die in the end. At the end. By the end, all one can say is the fact of what has happened, not the â€Å"how† or the â€Å"why† of the situation. In story A, how do all these things make the couple happy. Why? They’re really not happy at all and have no actual story to tell. A Good Man Is Hard to Find by Flanney O’Connor and Happy Endings by Margaret Atwood, both authors use the element of surprise to manipulate the reader’s expectation. In A Good Man Is Hard to Find, the contribution of surprise can be traced in the plot line. The story strings the reader along in believing it is about a comedic family vacation with funny situations that happen along the way. We reach a turning point when the family car crashes and encounters the Misfit, everyone dies of a tragic death that is caused by the grandma. In Happy Endings ,the title misleads the reader in assuming the story would have a happy ending but in fact every ending leads to death. A Good Man Is Hard to Find by Flanney O’Connor and Happy Endings by Margaret Atwood, both authors use irony to reveal the less obvious truths about the human condition. Both authors use the element of surprise is use to take the readers down an unexpected path. Both of the short stories integrate the elements of irony and surprise seamlessly in their works. I personally enjoyed reading and analyzing A Good Man Is Hard to Find by Flanney O’Connor more than the other one because it is a higher quality story with a richer plot line and character development. The story is crafted beautifully.

Italian Prepositions, Preposizioni in Italiano

Italian Prepositions, Preposizioni in Italiano Prepositions are invariable words that serve to link and connect parts of a sentence or clause: vado a casa di Maria; or to join two or more clauses: vado a casa di Maria per studiare. The example illustrates the funzione subordinante (subordinate function) of prepositions that introduce a complement of the verb, either of the noun or the entire sentence. In particular: the prepositional group a casa depends on the verb vado, of which it is a complement; the prepositional group di Maria depends on the noun casa, of which it is a complement; the prepositional group per studiare is the final implicit clause (corresponding to an ending clause: per studiare), which depends on the primary clause vado a casa di Maria. In the transition from the single clause vado a casa di Maria to the two-clause sentence vado a casa di Maria per studiare, a functional analogy can be defined between the preposizioni and congiunzioni subordinative. The first introduce an implicit subject (that is, with a verb in an indefinite mood): digli di tornare; the latter introduces an explicit subject (that is, with a verb in a definite mood): digli che torni. The statistically most frequent prepositions are: di (can be elided before another vowel, especially before an i: dimpeto, dItalia, dOriente, destate)a (the term ad is used, with la d eufonica, before another vowel, in particular before an a: ad Andrea, ad aspettare, ad esempio) Simple Prepositions The following prepositions are listed by frequency of use: da, , con, su, per, tra (fra). Di, a, da, in, con, su, per, tra (fra) are called simple prepositions (preposizioni semplici); these prepositions (except tra and fra), when combined with a definite article, give rise to the so-called prepositional articles (preposizioni articolate). The high frequency of these prepositions corresponds to the variety of meanings they express, as well as the wide range of connections that can be made between the parts of the phrase. The specific value that a preposition such as di or a takes in diverse contexts is understood only in relation to the words with which the preposition is grouped, and changes according to the nature of them. In other words, the only way for a non-native Italian to understand how Italian prepositions are used is to practice and become familiar with the many different patterns. This multiplicity of functions at the semantic and syntactic level is manifested, in fact, with a particular emphasis in ambiguous contexts. Consider, for example, the preposition di. The prepositional phrase lamore del padre, depending on the context, can be labeled either a complemento di specificazione soggettiva or a complemento di specificazione oggettiva. The term is equivalent to either il padre ama qualcuno (the father loves someone) or qualcuno ama il padre (someone loves his father). Abandon All Hope, Ye Who Study Prepositions A historical example of ambiguity occurs in Dantes famous expression perdere il ben dellintelletto (Inferno, III, 18), which has become proverbial in the sense of lose the good that is the intellect, lose reasoning. Dante was referring instead to the souls of Hell, and intended ben dellintelletto in the sense of the good of their own intellect, that which is good for the intellect, that is, the contemplation of God, excluding the damned. A different interpretation of the prepositional article dell profoundly changes the overall meaning of the phrase.

How to Write a Compare and Contrast Essay

How to Write a Compare and Contrast Essay How to Write a Compare and Contrast Essay In our daily life we very often employ the method of compare and contrast as to take some decision over a controversial subject. Basically, to compare and to contrast are two different ways of treating a subject, but still they seem interdependent and correlated to each other. For, every time we compare two or more entities, we conceive them as different from each other (otherwise, they would be one and the same thing). Therefore, these two methods are usually used together, particularly while writing an essay which is focused on two or more subjects. Practical use If you were assigned to write a compare and contrast essay, your instructor probably wants to test some of your skills, such as analytical reasoning, watchfulness, ability to infer from pure sense-data, and others. This essay may concern every possible field of human activity- literature, political sciences, sport, biology, etc. Remember that it is not that difficult to write: you have to apply some skills which you (unconsciously) use in your daily life. Instructions for writing a compare and contrast essay There are several steps which you can follow while writing your compare and contrast essay. 1. Choose two things which are evidently related to each other. You cannot compare a car with a mountain, for example. It is always better to compare two things of the same kind. When you have more than two things in mind, you must discover more connections between them, which ensues in a chaotic description of subjects and relationships (you must compare thing A with thing B, then thing A with thing C, and then thing B with thing C). Another advice is to focus your essay on material objects, or at least things which are easy to be defined (if you compare Newton’s physics with Quantum theory in general, you will probably get nowhere). 2. This essay is divided into two main parts: compare (find similarities) and contrast (find differences). We advise you to choose three similarities and three differences, as it will help you to organize your paper in a better way. Think more about the entities compared: how people use them, what is their function, what are their advantages and disadvantages. 3. Set forth your thesis. As every other type of essay, this one should be based on a well-proven thesis statement. The easiest way to construct is to write down your personal opinion: which one of these things you prefer, or like, or use, and why. Then list three similarities and three differences. At the end of the essay re-state your thesis in brief, trying to convince your reader. At the same time, the thesis statement must be justified, and have aesthetical structure, so the text should flow and catch the reader’s attention. If you merely describe both things, you will not tell the reader anything new. And every essay should give some new information to the reader, or at least formulate it in another way. 4. Proofread your paper and check for logical inconsistencies. Before handing it to your teacher, ask a friend or forum users to give feedback. It does not mean to ask someone else to write it instead of you. You must simply distance yourself from your essay in order to analyze its structure and internal logic. The compare and contrast essay is one of the easiest types of essays, but any underestimation of your assignment may have negative consequences: to write in a chaotic way, or merely to describe the objects of your writing. This essay should present and defend your personal opinion through relevant facts and information.

Julia and Julia, 2009 Movie Review Example | Topics and Well Written Essays - 750 words

Julia and Julia, 2009 - Movie Review Example Struggling to find a meaning to her life and how to spend her time in the new country she is in, she tries out several activities but eventually finds interest in French cooking which she begins to learn. She eventually co-writes and publishes a book, Mastering the Art of French Cooking, which becomes a renowned bestseller. The other woman’s character, Julie Powell, is set in 2002. Julie has an unpleasant ordinary job answering phone calls for 9/11 victims and their families at a call center in Manhatten, New York. She is an aspiring writer but cannot complete or publish any of her work. To fill her time, she tries cooking every recipe in Julia Child’s book and decides to blog about it. The film connects the daily lives, difficulties and joys in the separate lives of these two women, their husbands and friends, as they traverse through this inter-twined tale of finding their ambition, passion, goals, and love through daily doses of cooking. Interestingly, even though Streep’s performance stands out visibly, there is no central human character in the film. The stories are skillfully weaved together to maintain the centrality of the idea that food can be more than something one cooks or just a source of nutrition and can, instead, be treated as a source of joy and an appetizer to happiness in life. For both Julie and Julia, food becomes a starting point for confident social interaction, parties, relationships and a binding force in their respective marriages as well. Both their husbands are supportive and, barring a few occasions of frustration, loving to their wives. This also supports maintaining of focus on the plot where the women are not seeking men but already have a loyal, caring and accommodating family. Julie Powell’s husband, Eric Powell, played ably by Chris Messina encourages his wife to write a blog to overcome her writer’s block giving her the impetus to start writing about her cooking adventures. Despite odd, and sometimes funny,

Critical Response Paper 2 Research Example | Topics and Well Written Essays - 500 words

Critical Response 2 - Research Paper Example The suspension of Frederick is nullified as it did not cross the ethical and moral boundaries. What it did was to inculcate among others Frederick’s own sentiments which were flawed in their own right. He did not know what he was inculcating, and hence is not charged for the same. Had he known he was doing something irresponsible, and still committed to the act, he would have been charged in a manner which was seemingly fit. Therefore I acquit Frederick of any charges against him which are a result of the hate that exists in line with drugs and their usage. I give him the margin as he can spend his life with a sense of understanding and people shall empathize with him in the coming times. In all fairness and going by the rule of law, Frederick stands not guilty and is therefore free from all charges and banishments against him. References Burns, S. L. & Peyrot, M., 2010. Standardizing social problems solutions: The case of court-supervised drug treatment. Research in Social Pr oblems and Public Policy, 17 Giles, S. M., 2010. Coaching to enhance quality of implementation in prevention. Health Education, 110 Reid, L., 2010. The state of public research on over-the-counter drug advertising.