Discuss on the basis of relevant case law, the legal aspects of the Essay

Discuss on the basis of relevant case law, the legal aspects of the undertaking of seaworthiness in contracts for the carriage o - Essay Example This is a condition that must be fulfilled in order to avoid losses. Compensation will only be guaranteed when seaworthiness is adhered to all the times. A ship is said to be fit if it is in a condition that the owner can allow it to take a voyage. The probable future events are also put into consideration in the determination of seaworthiness (Wilson 2010, p.9-15). Sea worthiness is determined by the type of voyage to be made, and also the class of the vessel. Kopitoff v Wilson (1876) provides the meaning of seaworthiness. This essay seeks to discuss the legal aspect of understanding of seaworthiness in contracts for the carriage of goods by sea. Application of Hague Rules as amended Charter party contract is negotiable in a free market, and it is subject to the law of supply and demand. The rules were designed to clarify on the legality of the carrier of goods (Wilson 2010, p.9-15). There are clauses that guide the parties to the contract. The law of merchant holds water in the des igning and implementation of the rules to be considered in the contract. The Hague/Visby Rules provide a provision to the parties of the contract. All the contracts of Affreightment outline the provision of a sea worthy vessel for the work. This helps in reducing accidents, and also the risks of undertaking the business. There is the obligation rule to stick when carrying out the business of carrying goods via sea. The sea worthiness includes presence of competent crew and sufficient fuel for the voyage (Wilson 2010, p.9-15). The contracting parties are required to operate a fair business involving principle of indemnity. There should be disclosure of the contents of goods to be carried. This reduces the chances of carrying dangerous goods. In the case of Northern Shipping Co v Deutsche Seereederei GmbH & Ors, the vessel was carrying highly inflammable cargo. The cargo had not been declared appropriately. The law provides for the owner of the ship to avail a sea worth vessel. Any br each of contract will result to the nullification of the contract. The vessel availed for the transaction should be fit. Contracting States The Madeline [1967] stated about the non cancellation of charter agreement before the termination of the voyage. The Affreightment contract governed by Hague or Visby Rules, will have to abide with the principle of due diligence. This will facilitate the providence of sea worthy vessel. Any negligence caused by the contracting parties will result to liability (Wilson 2010, p.9-15). The liability can be reduced only by providing a sea worthy ship. Corporate social responsibility is one highly researched on in the recent years. The topic is a current loom in business arenas as scholars and managers seek to improve the way corporations do business. In its simplicity, corporate social responsibility refers to a school of thought of management where corporations are persuaded to engage in their business affairs in a responsible manner. It is a call f or organizations to participate in making their environmental constituents happier and better. This requires that corporations participate in a legal and a socially responsible manner (Wilson 2010, p.9-15). Therefore, an organization should estimate the market expectation and respond accordingly. There are twofold obligations to the ship owner when availing a sea vessel which is sea worth. The vessel must have competent crew to operate it and also necessary facilities for the operation. A vessel is

Strategic Plan of Wobbly Wheels Essay Example | Topics and Well Written Essays - 500 words - 60

Strategic Plan of Wobbly Wheels - Essay Example The aim of this planning process deals with the recognition and comprehension of people, technology and the needs of the customers. This is connected to the customer’s feedbacks which are used to bring new and existing services. The intended agenda of the planning development is to create a vision for technology at Wobbly Wheels Company through the evaluation of feedback from the customers in order to identify new services and make improvements to the existing services (Wallace 23). In addition, the company ought to take an initiative to compare itself with other transporting companies. While the company is connecting itself to transportation industry trends as well as system categories and state level priorities and categories. The company routinely checks and evaluates the priorities of Wobbly Wheels. The strategic feature of the planning method ascertains that technical aspects are planned, chosen, and controlled at a transportation level that is sustainable for people and resources to ensure ongoing delivery of services. For the purpose of coming up with an efficient process of deciding and prioritizing customer’s technology needs, Wobbly Wheels has established an office that concentrates on planning and distributing new technology (Wallace, 32). This office is controlled by the office of technology committee that gives the prioritization and strategies for technology initiatives in the company. Wobbly Wheels Company ought to deploy IT information that will provide tangible measurements that will benefit Wobbly Wheels customers and their employees. Improved network services, enabled software service and modern information security tools are being dispatched. Recent technologies that allow access to information in the company remains to be of high priority (Wallace 45). As explained in this plan Wobbly Wheels company is ready to remain a technologically advanced company through their goals.  

Chinese foot bingdings Essay Example | Topics and Well Written Essays - 1750 words

Chinese foot bingdings - Essay Example The Manchu Sovereign Kangxi attempted to boycott foot binding in 1664 however failed. In the 1800s (nineteenth century), Chinese reformers tested the practice yet it was not until the early twentieth century that foot is tying started to vanish, somewhat from changing social conditions and mostly as a consequence of against foot tying campaigns. Foot-tying brought about long lasting incapacities for the greater part of its subjects, and some elderly Chinese ladies still survive today with handicaps identified with their bound feet. The mincing steps. The affecting hips. The little nubbins at the closures of ladies legs painstakingly tucked into smaller than normal, fancy shoes. For 1,000 years, minor, bended feet were viewed as a definitive standard of ladylike magnificence in China, heading about 3 billion Chinese ladies to tie their feet throughout this time, regardless of the way that foot tying was a long, greatly frightful process that brought about seriously disfigured feet forever (Ross 2013). A few stories exist regarding how the practice began, however, the most prominent and sound says it started with Ruler Li Yu, who ruled throughout the Southern Tang administration (937-975 A.D.). In 970, the sovereign allegedly saw his most loved associate moving on a brilliant lotus platform and was spellbound by her feet, which she had wrapped in pieces of material - much like those of a dance artist moving on Pointe - so her moving showed up more lovely. Seeing the heads pleasure, other court ladies correspondingly wrapped their feet. Before, long privileged ladies received the design, and in the end it spread to all ladies, regardless of their societal position. Just a couple of locales opposed, in the same way as the Manchu and the individuals who hailed from Guangdong in southern China (Holman, Ross 2013). Shockingly, as the custom took hold it

Children's literature Essay Example | Topics and Well Written Essays - 1500 words

Children's literature - Essay Example During this period, many children books came up for publication, which included the Little House, the Hobbit, among others (Tolkien 1). However, these books received a lot of criticism based on their morality, purpose, themes, and target audience. The Hobbit by John Tolkien is one of the children books published from the period between the Golden Age and the Silver Age--roughly 1920 to 1950 and received numerous criticisms. The Hobbit is a childrens book with a lot of comic, which is popular and recognized in childrens literature. The author published the book inn 1937 in the midst of wide criticism. The novel has attracted international recognition in children literature. The Hobbit has different characters and depicts continued human quest. The Hobbit narrates the story of a simple English man, Bilbo Baggins as he seeks to possess a share of the treasure guarded by the dragon, Smaug (â€Å"The Tolkien Society† 1). The story also depicts human greed and human conflict as all characters disagree at the end of the story. The main themes of the novel include heroism and personal growth while warfare is a dominant motif in the novel that attracts critics over the experiences of the World War I as seen in the novel. There have been variant adaptations of the novel where every adaptation received critical recognition. The novel depicts a glorious, challenging, and entertaining adventure that entails humor and suspense (Eaton 1). The novel uses understandable language and English comics to entertain children. Additionally, the ideals of the Lord of the Rings trilogy (Abramson 1) are part of the novel. Notably, the novel presents a clear view of the authors thoughts about human complexity and human development combined with the ideas of Scandinavian epics he studied as well as a reflection of middle-class life in England as seen in the plot, character, and themes in the novel

Managing Conflicts in Organizations Term Paper Example | Topics and Well Written Essays - 1250 words

Managing Conflicts in Organizations - Term Paper Example It would not be unfair to say that conflict is inevitable amongst human beings. The constant struggle to get hold of status, resources, power etc amongst humans often results in a form of social interaction called conflict. Thus, conflict can formally be defined as: â€Å"A process which begins when an individual or group perceives differences and opposition between itself and another individual or group about interests and resources, beliefs, values, or practices that matter to them.† (Digirolamo) In the same way that conflicts are inevitable in everyday life, they are also inevitable in organizations. Especially in modern organizations wherein factors such as constant change, employee diversity, team based structures etc make conflict an ever-present. Conflict, however, is not necessarily a bad thing and can help get the best out of individuals within the organizations. Organizations must therefore make sure that they do not discourage conflict but rather manage it smartly s o that it can work to its advantage. Thus, conflict can be looked at in different ways in organizations: Conflict as war – When parties treat conflict as a must-win war. Conflict as opportunity – When parties use the conflict as an opportunity to be more creative, to grow and to improve on what they already are. Conflict as journey – When parties use the conflict as a search for common ground. The first view of conflict is a win-lose situation. Such a situation is not good for the organization in any way because such conflict is destructive. The other two views on the other hand are constructive in nature and are desirable for organizations because they create win-win situations and help the organization get the best out of its employees. (Kreitner & Kinicki, 2008). Organizations should therefore make sure that its employees treat conflict in the right manner and it is for this purpose that they employ conflict management practices. Conflict management practices involve many different strategies which can be used by organizations to manage conflicts effectively. Some of these strategies are discussed below. The first technique that managers can use is fostering functional conflict. Functional conflict can be defined as the kind of conflict which is beneficial to the organization’s interest. (Kreitner & Kinicki, 2008) Managers looking to infuse their decision making teams with creativity and passion very often look towards stimulating functional conflict. There are two ways of doing this. The first method is to fan the naturally arising conflicts between different parties. This method, however, is very unreliable and may end up stimulating dysfunctional conflict. The other method is to employ programmed conflict. Programmed conflict can be defined as â€Å"conflict that raises different opinions regardless of what the managers personally feel about the issue.† This method requires disciplined role playing by everyone involved (Kreitner & Kinicki, 2008). The two best methods of programmed conflict are devil’s advocacy and dialectic decision method. Devil’s Advocacy is the technique in which someone is assigned the role of a critic and is told to air all possible objections to an idea. (Kreitner & Kinicki, 2008). Dialectic Decision Method simply requires fostering a debate of opposing points of views prior to making a decision in order to better understand the whole issue (Kreitner &

Finalize Feasibility Study Essay Example | Topics and Well Written Essays - 250 words

Finalize Feasibility Study - Essay Example The study becomes more feasible if another company already has such an idea. The company creates an outline for the study. A company will include a table of content, summary, cover page and description of recyclable products. Physical description of the product should be enhanced. The technology to be used by the company in recycling should be described. Marketing strategies of a mentioned business model need also to be implemented. Critical factors of risk encountered in recycling are also considered in the study. Various financial anticipations and conclusion have to be clear in the study. Recycled items are majorly categorized into; plastics, metals and glass. Under plastics items such as plastic papers, plastic containers like those of detergents are recycled. Metals such as aluminum, copper and steel are recycled. Glass which is majorly known as cullet is recycled. Cullet is then melted down to make glass bottles. Recyclable items are hauled away by trucks of sanitation where it is taken to several places. These places include a landfill, an incinerator until then it can reach a recycling facility.About14,300 tones of trash is incinerated yearly. This helps in provision of electricity for a given community. Landfills are prepared in a way that trash and other recyclable materials are deep down and covered to ensure no micro-organisms get exposed on the environment. When most recyclable items reach a land fill most of them get exposed on the environment which is quite not a good thing. Recycling has become more vital to our environment which ensures a perfect way of minimizing waste. For that matter recyclable trash should always get recycled. To make recycling economically feasible and make the environment more effective, a system should be put in place for extracting recyclables from wastes and reprocess them into more demanded recycled products. Without this initiative recycling remains collection rather than being

Independent Learning Essay Example | Topics and Well Written Essays - 2000 words

Independent Learning - Essay Example The process of integrating the learners into the education system allows them to  start  connecting with the outside world. Therefore, they have the ability to  learn  and think for themselves, and not wait for their teachers. Independent learning abilities are an  indispensable  training  for life and for  change  to, and success in, occupational,  college  or higher  learning  courses. Independent learning skills  support  students’  capability  in assessing, recording and reflecting on their education.  Steinberg and Davidson (2005: p467)  state  that also  promote  independence in organization, decision-making and problem-solving.  Nonetheless, they take time to  institute  and, for several students, require  premeditated  modeling and teaching. Therefore, if students are to become actively engaged in increasing their  autonomy  in their  personal  education, they must first of all  gain  the  aptitude   to learn how to  study. A supportive  setting  that permits students to learn from errors and  develop  about their successes is a  prerequisite. Ideally, such  ability  building will be in progress  early  and  continuous  throughout a  person's  learning  (Cooper, Kiger, Robinson and Slanky, 2011: p65).... Fulfilling such requirements is satisfying in itself, and such rewards  uphold  learning successfully than do grades.   Therefore, teachers may  design  in-class activities, assignments, and  discussion  queries to  tackle  these types of requirements. The teachers should  make  learners active participants in education. Students learn by making, designing, doing, creating, writing, and solving.  Passive learning dampens learners' enthusiasm and inquisitiveness.  Teachers  are supposed  to  pose  questions, and not  inform  students something when they can  ask  them. Furthermore, they ought to  encourage  students to  propose  approaches to a quandary or to  speculate  the outcome of an experiment. The students may be divided into small groups, encouraging interaction and sharing their different ideas on the subject. Research has revealed that an  educator's expectations have an  influential  consequence on a student's perf ormance.  Thus, if a teacher acts as though he expects  motivation,  interest  and hard work from his students in the course, they are more likely to be so.  The teachers need to  set  practical  expectations for learners when they  grade  examinations, give presentations,  formulate  assignments and  conduct  discussions. "Practical" in this perspective means that the teacher’s standards are  high  enough to  inspire  learners to  do  their most  excellent  work but not so high that learners will predictably be discouraged in attempting to meet those expectations. To build up the  drive  to achieve; learners must  believe  that  realization  is possible, which means that the teacher needs to  present  early prospects for success. Teachers should  assist  students in setting achievable objectives for themselves.