Monday, May 18, 2020
Portfolio Performance And Hedging Options - 2281 Words
Portfolio Performance and Hedging options Cheuk Yin Lam 6865175 Introduction This is an equity fund manager tasked with the responsibility of managing a portfolio. The portfolio comprises of largest UK stocks and thus bases the FTSE100 index (Battalio and Schultz 2011, Pp 45). There is much concern that sharp correction in equities might take place in the next 3 month. The main purpose of this report is to present the hedging choices that they have. Portfolio Setup a. Price Data (for index and futures) Price data in this case is between 11/05/2016 to 22/05/2016 Data below is an indication of the price index and futures for the company Date Price Open High Low Vol. Change % May 20, 2016 2050.00 2038.75 2055.50 2037.25 -â⬠¦show more contentâ⬠¦Risks faced and hedging Research has shown that there are a number ofShow MoreRelatedPine Street Capital Case828 Words à |à 4 Pagesand/or applying non-traditional portfolio management techniques including, but not restricted to, shorting, leveraging, arbitrage, swaps, etc. Hedge funds can invest in any number of strategies. Hedge fund managers typically invest money of their own in the fund they manage, which serves to align their interests with investors in the fund. A hedge fund typically pays its investment manager a management fee, which is a percentage of the assets of the fund, and a performance fee if the funds net assetRead MorePine Street Capital1440 Words à |à 6 Pagesstock. Short-selling of NASDAQ and options hedging strategy are the two major hedging choices for PSC. Either strategy has its own advantages in different economic periods and conditions. The fund has just through one of the most volatile periods in NASDAQ s history, and it was trying to decide whether it should continue its risk management program of short-selling the NASDAQ index or switch to a hedging program using put options on the index. The more common hedging strategy they used was a short-saleRead MoreEssay on Pine Street Capital777 Words à |à 4 Pagesdecide which way to use in order to hedge the risk. It can either use short selling of NASDAQ or options hedging strategy. Each strategy has its own advantage in different economic conditions. As the fund has just gone through a volatile period in NASDAQââ¬â¢s history, PSC has to choose between two choices. Choice 1: Continuing to hedge market risk by short selling Choice 2: Switching to using put option on the index Hedge Fund VS Mutual Fund The number of hedge funds increased a lot in the lateRead MoreFoundations And Hedge Fund Funds Essay1722 Words à |à 7 Pages concerns and are less concerned with the performance of the hedge fund. FOUNDATIONS AND HEDGE FUNDS To escape income tax returns these are famous as they are not susceptible to high tax rates on ordinary income and short-term capital gains. What is a Foundation? It can be said as a pool of money with a group of employees to invest that money and also give a part of the pool to organizations with a set of objectives. Donated money is tax exemplary. To get tax free status at least 5% of the foundationRead MoreThe Value Of Instruments With Intermediate And Long Maturities1669 Words à |à 7 Pagesfive years) and long-term (more than five years) positions may affect the bankââ¬â¢s future financial performance. Since ââ¬Å"the value of instruments with intermediate and long maturities can be especially sensitive to interest rate changes, it is important for a bank to monitor and control the level of these exposuresâ⬠. (Bartram, 2002) The related impact interest rate risk may have to business performance are affected by the changes in the market interest rates that have caused the corresponding changesRead MorePorsche Exposed790 Words à |à 4 Pagessales in the US since they believe that the heart of the brand comes from its performance in manufacturing and engineering. Porsche is therefore, by far the most exposed company among other European-based auto manufactures to changes in exchange rates. While the other manufacturers increase their amount of natural hedging by conducting more manufacturing in their countries of large sales Porsche increase their put option hedging. According to their 2006 model year they are going to fully hedged all theirRead MoreEssay On Investment Risk731 Words à |à 3 Pagesthough they tend to rise over time. If you have made the decision t invest in stocks, here are 5 top strategies to help you lower investment risk according to Investopidia.com. 1. Diversification ââ¬â growing number of investors are diversifying their portfolio as a strategy to mitigate stock investment risks. The strategy generally infers to spreading capital across various investments. This may entail investing in several; stocks from different companies and industries. For example, you can invest inRead MoreMaverick Capital Case Write Up1686 Words à |à 7 Pagesprofitability and growth potential. However, Maverick Capitals unique hedging strategy, impressive performance, and reputable name enables them to fend off the threat of substitutes in the market. The Intensity of Competitive Rivalry Maverick Capital faces other successful hedge funds employing different combinations of strategy and resources. These funds achieve returns similar to Maverick. However, Mavericks outstanding historical performance can be tied to the correct use of their resources. This abilityRead MoreThe Importance Of Investment In Foreign Markets1100 Words à |à 5 PagesInvestment in foreign markets represents an untapped resource for many Australian investors. This report will investigate the benefits and challenges in assigning part of a portfolio into overseas companies. The first section will look at the literature relating to international portfolio management and the second part will deal with the importance of corporate governance. Global investment Home bias is a phenomenon in which local investors show an overwhelming preference for home investment overRead MoreThe Client Is A Hedge Fund Based On The United States Of America3266 Words à |à 14 Pagesstrategy portfolio Using historical data, the client would like to understand the profitability of momentum trading strategy in the Asian Emerging Markets Equities with the mentioned stock indexes in Table 1. Moreover, the client would also like to understand the impact of FX on the portfolio, i.e. if the value of the portfolio is mainly driven by the stock indexes rather than FX movements. Lastly, if the impact of FX is significant, the client would like to know the possible methods off hedging the FX
Saturday, May 16, 2020
Life of Margaret Paston, English Matriarch
Margaret Paston (also known asà Margaret Mautby Paston) is noted for her strength and fortitude as an English wife born in the Middle Ages, who took on her husbands duties while he was away and held her family together through disastrous events. Margaret Paston was born in 1423 to a prosperous landowner in Norfolk. She was chosen by William Paston, an even more prosperous landowner and lawyer, and his wife Agnes, as a suitable wife for their son John. The young couple met for the first time in April 1440, after the match had been arranged, and they were wed sometime before December 1441. Margaret frequently managed her husbands properties when he was away and even faced armed forces who physically ejected her from the household.à Her ordinary yet extraordinary lifeà would be almost completely unknown to us but for the Paston Family Letters, a collection of documents that span more than 100 years in the lives of the Paston family. Margaret wrote 104 of the letters, and through these and the responses she received, we can easily gauge her standing in the family, her relationships with her in-laws, husband and children, and, of course, her state of mind. Events both catastrophic and mundane are also revealed in the letters, as is the Paston familys relationships with other families and their status in society. Although the bride and groom had not made the choice, the marriage was apparently a happy one, as the letters clearly reveal: I pray you that you will wear the ring with the image of St. Margaret that I sent you for a remembrance till you come home. You have left me such a remembrance that makes me to think upon you both day and night when I would sleep. -Letter from Margaret to John, Dec. 14, 1441 The remembrance would be born sometime before April and was only the first of seven children to live to adulthoodââ¬âanother sign of, at the very least, enduring sexual attraction between Margaret and John. But the bride and groom were frequently separated, as John went away on business and Margaret, quite literally, held down the fort. This was not at all unusual, and for the historian, it was somewhat fortuitous, as it afforded the couple opportunities to communicate by letters that would outlast their marriage by several centuries. The first conflict that Margaret endured took place in 1448 when she took residence in the manor of Gresham. The property had been purchased by William Paston, but Lord Moleyns laid claim to it, and while John was away in London Moleyns forces violently ejected Margaret, her men-at-arms and her household. The damage they did to the property was extensive, and John submitted a petition to the king (Henry VI) in order to get recompense, but Moleyns was too powerful and did not pay. The manor was ultimately restored in 1451. Similar events took place in the 1460s when the Duke of Suffolk raided Hellesdon and the Duke of Norfolk besieged Caister Castle. Margarets letters show her steely resolve, even as she entreats her family for assistance: I greet you well, letting you know that your brother and his fellowship stand in great jeopardy at Caister, and lack vitual . . . and the place is sore broken by the guns of the other party; so that, unless they have hasty help, they are like to lose both their lives and the place, to the greatest rebuke to you that ever came to any gentleman, for every man in this country marvels greatly that you suffer them to be so long in such great jeopardy without help or other remedy. -Letter from Margaret to her son John, Sept. 12, 1469 Margarets life was not all turmoil. She also involved herself, as was common, in the lives of her grown children. She mediated between her eldest and her husband when the two fell out: I understand . . . that you do not want your son to be taken into your house, nor helped by you . . . For Gods sake, sir, have pity on him, and remember you it hath been a long season since he had anything of you to help him with, and he hath obeyed him to you, and will do at all times, and will do what he can or may to have your good fatherhood . . . -Letter from Margaret to John, April 8, 1465 She also opened negotiations for her second son (also named John) and several prospective brides, and when her daughter entered into an engagement without Margarets knowledge, she threatened to put her out of the house. (Both children were ultimately wed in apparently stable marriages.) Margaret lost her husband in 1466, and how she may have reacted historians known little about since John had been her closest literary confidant. After 25 years of successful marriage, it is likely fair to assume her grief was deep, but Margaret had shown her mettle in dire straits and was ready to endure for her family. By the time she was sixty, Margaret began showing signs of serious illness, and in February 1482, she was persuaded to make a will. Much of its content sees to the welfare of her soul and that of her family after her death; she left money to the Church for the saying of masses for herself and her husband, as well as instructions for her burial. But she was also generous to her family and even made bequests to the servants.
Wednesday, May 6, 2020
Teen Pregnancy And Its Effect On Children - 865 Words
My mother always said ââ¬Å"You are a princess and your body is a temple, so treat it like oneâ⬠. As I grew up, that was the phrase that made a profound impact on my childhood. My parents felt that for me to be confident and successful, I would have to be at peace emotionally and physically during the most crucial years of my growth. They always said ââ¬Å"Do not become another one of the statistics!â⬠. In my early teenage years I believed that they kept me sheltered, but now in my freshmen year of college, I could not be more thankful for their guidance and protection. At the time I did not understand what she meant, but after my years in high school it all made sense. I, like many other teens, would gain knowledge on relationships and sexuality. In this country teen pregnancy has high increase in minorities, one of the main reasons why the population is expanding. It is through proper knowledge of sexuality and protection that female teens are able to prevent pregnancy. Coming from a family of immigrants, I have many life goals. I always enjoyed school and participated in extracurricular activities. My parents emphasized that keeping myself healthy and well rounded would grant me virtue and confidence. All of middle and high school I played tennis for my school and club team. While I kept myself fit, my coaches and mentors continually motivated me, even when I struggled. Outside of class, I participated in Model United Nations and spent a great amount of time on independentShow MoreRelatedTeen Pregnancy And Its Effect On Children855 Words à |à 4 PagesTeen pregnancy has been an ongoing social issue in the United States for many of years. Although the rate of teen pregnancy has decreased since the 90s, the United States is still the highest among industrialized nations. The US ranks at one and a half times higher than Great Britain, three times higher than Canada, seven times higher than Denmark and Sweden, and eight times higher than Japan (Azar 1). Society considers teenage pregnancies a problem because they believe teenagers are not emotionallyRead MoreThe Effects of Teen Pregnancy on Children1555 Words à |à 7 PagesChildren from homes run by teenage mothers have to face almost insurmountable obstacles in life. The incidents of depression and mental health problems, the lack of father figures, and the high rate of poverty often connected to children in homes run by teenage mothers put them at serious disadvantages when compared to children raised in nuclear families. Many people believe that the implementation of sex education in schools and the addition of more federal aid for single parents are major causesRead MoreThe Effects Of Teen Pregnancy On Children845 Words à |à 4 PagesData has shown that children who are born to teenagers are instantly placed at a higher risk of physical development, social, and behavioral problems. For instance, one-third of pregnant teens (15-19) receives no prenatal care during the fi rst trimester of pregnancy; this number has increased to 50% for girls under 15. Most teens are still developing physically, and mentally this also means theyââ¬â¢re much more likely to have premature babies or preterm labor. Preterm and/or low birth weight babiesRead More The Effects of Teen Pregnancy on Children Essay1147 Words à |à 5 Pagesare many obstacles for children of teenage mothers to face. These children have serious disadvantages in contrast to those children who come from nuclear families. Often they lack a father figure, have a high poverty rate, and there are incidents of depression and mental health problems. Many people are blaming the sex education programs in schools and the additional federal aid being offered to single parents as major causes for the countryââ¬â¢s high rate of teen pregnancies (Carole). Although, theRead MoreEffects Of Teen Pregnancy On Children s Reproductive System972 Words à |à 4 Pagesof unplanned teen pregnancies amongst the most developed countries in the world. Approximately 750,000 teens will become p regnant this year and with the lack of resources to terminate those unwanted pregnancies more than ninety two percent of those teens will become parents before graduating high school. Plan B one step emergency contraception is now available over the counter as of August 2013 an although there has been a great debate on whether or not the open availability to teens as young as fifteenRead MoreThe Negative Effects of Teen Pregnancy1085 Words à |à 5 PagesThere are different effects on teenage mothers than there is on teenage fathers. Mothers lose more friends and are looked at way differently; fathers keep most of their friends without too many people having an opinion about him. After the mother has her baby, she canââ¬â¢t go back to school, so she has to be put on homebound. The father can go to school, can play sports, and can have fun with his friends. Both the mother and the father have responsibility, but the mother has to do more, like work toRead MoreTeenage Pregnancy An d Teen Pregnancy1057 Words à |à 5 PagesTeenage pregnancy is a common thing here in America. It seems teens are getting pregnant more than the average married couple. There are some risk factors teen moms face and there is also another great turn outs. There is a major difference between the two. Itââ¬â¢s important to tell teens the turnouts of teen pregnancy for the good and bad parts. There are risks of having sex, teen moms can make a difference for her and the baby, the risk of having HIV and/or any other STDââ¬â¢s, and the effects on the babyRead MoreReflecting on Sources: An Assignment1879 Words à |à 7 Pageshelp in reducing and preventing of teen pregnancy. The organization is called The National Campaign to Prevent Teen and Unplanned Pregnancy. She is influential because she has served on many advisory boards which promote the values and policies towards the prevention of teen pregnancy ADDIN EN.CITE The National Campaign to Prevent Teen Pregnancy201197(The National Campaign to Prevent Teen Pregnancy, 2011a)979712The National Campaign to Prevent Teen Pregnancy,Sarah Brown20111776 Massachusetts AvenueTheRead MoreThe Controversy Regarding Teenage Pregnancy: The Essential Role of Education and Good Parenting1270 Words à |à 5 Pagespresently much controversy regarding teenage pregnancy and the probability of its chances being reduced by education and good parenting. The surrounding environment plays an essential role when considering teenage pregnancy and it is thus very important for teenagers to be provided with proper education and a positive environment in order for them to be able to understand the difference between right and wrong. One of the most important things about teen pregnancy is that society as a whole needs to getRead MoreCause and Effect of Teen Pregnancy1043 Words à |à 4 PagesCause and effect of teen pregnancy Teenagers suffering health problems is high Many teenagers will try to hide the pregnancy from their parents and teachers, in doing this they do not get the initial medical attention required during the first months of pregnancy. It is estimated that 33% of teenage pregnancy fail to receive necessary prenatal care. The lack of prenatal care leads to increased risk of anemia, miscarriage, and high blood pressure to the teenager. Many teenagers will hide their
An Introduction to Organizational Behavior - 1638 Words
An Introduction to Organizational Behavior 1. Define organizational behavior (OB) and explain its roots - a field of study that seeks to understand, explain, predict and change human behavior, both individual and collective, in the organizational context - includes 3 levels ï ® individual: employee motivation and perception ï ® group: teams, communication, job design, and leadership ï ® organization-wide: change, culture and organizational structure ï ® interorganizational (network): outsourcing, organizational networks, strategic alliances and mergers - interdisciplinary roots ï ® psychology: work teams, work motivation, training and development. Power and leadership, human resource planning, and workplace wellness ï ® sociology: groupâ⬠¦show more contentâ⬠¦Give an overview of the formal/informal framework and new paradigms for understanding how an organization functions - formal organization: the official, legitimate, and most visible part of the system ï ® more focused from the GHOST model, but very limited ï ® includes: goals and objective, policies and procedures, job descriptions, financial resources, authority structure, communication channels, products and service - informal organization: the unofficial and less visible partShow MoreRelatedChapter 1 ....Introduction to Organizational Behavior8028 Words à |à 33 Pagespart I: Chapter 1 ....Introduction to Organizational Behavior Introduction [chapter.1] Introduction to Organizational Behavior After reading this chapter, you should be able to â⬠¢ Deï ¬ ne organizational behavior and give three reasons for studying this subject. â⬠¢ Discuss the potential beneï ¬ ts and challenges of an increasingly diverse workforce. Google has leveraged the power of organizational behavior to attract talented employees who want to make a difference in the InternetRead MoreOrganization Theory And Public Management811 Words à |à 4 Pagesauthor used to write this book. Tompkins continued by definition of organization theory in more specific. He divided the theory into three broad subfields and gives the characteristics of them (3 broad subfields are: organization theory, organization behavior and management theory). He also explained some advantages of this dividing. Then, the author gave information about 7 major schools of thought with details (the time they appear, theorists, the main focus). He also provided a chart show all schoolsRead MoreOrganizational behavior1577 Words à |à 7 PagesOrganizational Behavior: An Analysis of Helm Fire and Rescue Company Introduction Organizational Behavior is referred to as the study of individuals and their relative behavior subject to the existing organizational environment. The concept applies in a diverse workplace setting in different ways and had diverse impacts to the organization. Organizational behavior field includes communication, sociology, psychology, and management. The concept is subject to both internal and external factors affectingRead MorePersonal Finance959 Words à |à 4 Pagessolutionsmanualtb.com click it ,it has the list Introduction to governmental and not-for-profit accounting, 7/e martin ives terry k. Patton solutions manual and test bank Introduction to information systems 2e canadian ed rainer cegielski splettstoesser hogeterp sanchez rodriguez instructor manual Introduction to logic, 14e irving m. Copi solutions manual and test bank Introduction to managerial accounting 6e brewer garrison solutions manual and test bank introduction to organic and biochemistry, 8th editionRead MoreOrganizational Behavior Defined750 Words à |à 3 PagesOrganizational Behavior Defined Introduction It is reasonable to suggest that the overwhelming majority of humankind has either been part of or required the services of organizations at some point in time during their lives, and many of these consumers will likely testify that although every organization is different in some ways, they all share some common characteristics. Furthermore, because all organizations are comprised of mere humans, they are subject to the same behavioral whims, weaknessesRead MoreThe Relevance Of Organizational Behavior1202 Words à |à 5 Pagesï » ¿Introduction In basic terms, organizational behavior concerns itself with the behavior of individuals in the organizational setting. This text concerns itself with the study of organizational behavior. In so doing, this paper will amongst other things address not only the various concepts associated with organizational behavior but also the relevance of studying the same as an academic discipline. Organizational Behavior: A Concise Definition In seeking to define organizational behavior, weRead MoreHuman Behavior Essay631 Words à |à 3 PagesFinal Project Milestone 1: Introduction Organizational Issues at the Engstrom Auto Mirror Plant October 11, 2015 Final Project Milestone 1: Introduction, Organizational Issues at the Engstrom Auto Mirror Plant My review of the Engstrom Auto Mirror Plant: Motivating in Good Times and Bad case study allows me to identify certain organizational issues within the company. There is an older incentive (Scanlon) plan put in place which worked very well for this company and its employeesRead MoreOrganizational Behavior and Structure of Morgan Stanley1549 Words à |à 7 Pagesâ⦠. Introduction Morgan Stanley is a global financial business firm serving a diversified group of corporations, governments, financial institutions, and individuals in 36 countries around the world, and sets its headquarter in New York City. The main areas of business for the firm today are Global Wealth Management, Institutional Securities and Investment Management. Morgan Stanley settled its Asia Pacific headquarters in Hong Kong in 1987 and its main business helps shape global views on ChinaRead MoreMGT 312 Entire Course1103 Words à |à 5 PagesWEEK 1 Organizational Behavior Paper à à Writeà a 700- to 1,050-word paper explaining the role and purpose of organizational behavior. Explain the main components of organizational behavior.à MGT 312 WEEK 1 Organizational Behavior Paper Provide examples of how these organizational behavior components relate to your workplace. How will knowledge of organizational behavior benefit you as a manager? Includeà at least two scholarly citations from the library.à MGT 312 WEEK 1 Organizational Behavior PaperRead MoreOrganizational Culture And Its Functions863 Words à |à 4 PagesINTRODUCTION Organizational culture involves systems of beliefs and values that guide the behavior of individuals within the organization and how they shape behavior (Kummerow, 2013). Organizational structures, on the other hand, dictate the assignment, coordination and control of roles and responsibilities to achieve organizational goals (Pathak 2011). For a company to perform effectively it needs to grow, organizational development is one element of growth that focuses on practice an research focused
Dramatic technique Essay Example For Students
Dramatic technique Essay An inspector calls has been called a play of social criticism. What is being criticised? Comment on the way in which Priestley makes use of Dramatic technique to achieve the plays effect. The Inspector calls is a play of drama, love, truth and lies, but also a play of social criticism. Priestley uses dramatic technique, to achieve the plays effect whilst making a valid point about social inequality. In this play Priestley is criticising the way some members of society behave. He presents this by showing at the start of the play the family are an ordinary middle class family and then the inspector enters and the whole image is broken down and they become the criminal family that they would look down upon. The image of the middle class family is built up at the beginning of the play so that Priestley can break it down so dramatically as the play progresses. This is very much built up by Mr. Birling. He is very arrogant and prejudiced against the lower classes and is a pushy man. He looks down on other people and thinks too much of himself. Priestley builds up this impression of Birling by him being arrogant and pushy Now then Sybil, you must take a little tonight, special occasion eh. Priestley is criticising Birling, and the higher classes as being very selfish, especially when he is thinking about business, he says: Im going to tell you your engagement to Sheila means a lot to me Crofts and Birlings are no longer competing but working together for lower costs and higher prices. This shows that Birling is only thinking about himself, when he says that he is very happy that Sheila and Gerald are getting engaged. He is only thinking of the business opportunities that the two major companies children being engaged will bring. Priestley is emphasising the fact here that the higher classes only think about themselves. Birling is so wrapped up in himself that he fails to see bigger things like war looming on the horizon. Birling doesnt understand that we all have a part to play in the community; if fact he thinks the opposite, and when the inspector comes he teaches him that lesson. The higher classes abuse their power and this is one of the main points that Priestley is trying to get across in this play. Priestley is criticising them because they use their power for the wrong reasons, for example Sheila having Eva sacked from Milwards because she giggled at her. This made Sheila feel inferior so she used the power that she had to get Eva sacked. As the inspector says so you used the power that you had, as a daughter of a good customer and also of a man well known in the town, to punish the girl. Sheila abused her power as a higher class citizen to get Eva sacked because she made her feel plain. Priestly gets this point across by having the inspector say the most important lines for Sheila and her agreeing with him for everything he says. This use of dramatic technique in the play makes Sheila look weak for what she has done, although it was her in the higher position in the situation of Eva being fired. Priestley shows in this play that the higher classes feel much more powerful than the lower classes just because they have more money and better jobs. They feel that they can look down on the lower classes and this is another aspect of Priestleys social criticism of the higher classes. .udfa1eaf44ac1b1a15c5b22d0b32db79c , .udfa1eaf44ac1b1a15c5b22d0b32db79c .postImageUrl , .udfa1eaf44ac1b1a15c5b22d0b32db79c .centered-text-area { min-height: 80px; position: relative; } .udfa1eaf44ac1b1a15c5b22d0b32db79c , .udfa1eaf44ac1b1a15c5b22d0b32db79c:hover , .udfa1eaf44ac1b1a15c5b22d0b32db79c:visited , .udfa1eaf44ac1b1a15c5b22d0b32db79c:active { border:0!important; } .udfa1eaf44ac1b1a15c5b22d0b32db79c .clearfix:after { content: ""; display: table; clear: both; } .udfa1eaf44ac1b1a15c5b22d0b32db79c { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .udfa1eaf44ac1b1a15c5b22d0b32db79c:active , .udfa1eaf44ac1b1a15c5b22d0b32db79c:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .udfa1eaf44ac1b1a15c5b22d0b32db79c .centered-text-area { width: 100%; position: relative ; } .udfa1eaf44ac1b1a15c5b22d0b32db79c .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .udfa1eaf44ac1b1a15c5b22d0b32db79c .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .udfa1eaf44ac1b1a15c5b22d0b32db79c .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .udfa1eaf44ac1b1a15c5b22d0b32db79c:hover .ctaButton { background-color: #34495E!important; } .udfa1eaf44ac1b1a15c5b22d0b32db79c .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .udfa1eaf44ac1b1a15c5b22d0b32db79c .udfa1eaf44ac1b1a15c5b22d0b32db79c-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .udfa1eaf44ac1b1a15c5b22d0b32db79c:after { content: ""; display: block; clear: both; } READ: Christmas Carol - The Moral Message EssayThe higher classes feel hey have more power over the lower classes. An example of this in the play is when Gerald makes Eva/Daisy his mistress because she has no place to stay, and he has the money and rich friends with apartments in town. He installs her there mainly on pity at first but then Priestley shows that Gerald realises that because he is of higher class than Eva/Daisy he can have her as his mistress because it is his friends apartments that she is staying in. Also when the inspector is questioning Mrs. Birling about when Eva went to her committee for help for help; she remarks to the inspector: She was claiming elaborate fine feelings and scruples that were simply absurd in a girl of her position. This shows that Priestley is trying to make a point that the higher classes claim that the lower classes cannot have fine feelings. The inspectors timing is impeccable. He enters at just the right time when Mr. Birling is feeling so good about himself and saying that we dont all need to be mixed up in the community. Priestley creates this effect by using irony in the play. This is ironic because the inspector enters just as Birling is giving his speech about not needing to help others, and the whole point of the inspector coming is to teach them to look after others and to help the community. The impression the inspector crates is considerable. He is not a very large man but has a large power surrounding him. Priestley uses dramatic technique to create this impression. This inspector shocks the family the moment he enters by telling them the news about Eva, which instantly means he has an advantage over them. Priestley uses dramatic technique to create an impression of going in and out of the outside world using the doors of the house. Priestley uses the doors to represent going in and out of the dining room which has become the interrogation room. The doors represent a time when the family was on the other side and none of them knew each others sins or faults in relation to the night the inspector came. As each member of the family enters the room they are going in there to be interrogated so they can never be clear of their connection with Eva Smith again. Priestley has the inspector there to question the family. Priestly uses dramatic technique to create an image of the inspector but in a way that he is not like a police inspector. He stares at people hard while questioning them and knows a lot about the person and what they have done before they know that he knows. Priestley makes use of dramatic technique to make the inspector not like any other police inspector but more like someone who is questioning them about morals. He also creates an air of mystery surrounding the inspector and Sheila picks up on this I dont understand about you. This shows that Priestley creates a dramatic atmosphere by not letting the inspector reveal much about himself. Priestley uses the telephone in a way that brings good and bad news to the people in the family. It brings joy and dread while making a statement that they use the telephone to escape their problems. Gerald says: By ringing the Infirmary which suggests that he thinks that it will solve their problems and that if he proves the story wrong then he will gain back Mr.Ã Birlings trust so that he can marry Sheila. Priestley makes use of dramatic technique here to achieve the effect of the telephone being the source to the outside world. J. B. Priestley is criticising social inequality in his play An Inspector calls. He uses dramatic technique as well to create the plays effect, and to emphasise the characters. Priestleys chief point is to make the reader see that we are all in the community together and that we should help others as much as we can.
Tuesday, May 5, 2020
Exclusion Clause And Vicarious Liability â⬠Myassignmenthelp.Com
Question: Discuss About The Exclusion Clause And Vicarious Liability? Answer: Introducation The main issue of the case is to decide the real position of the Qantas Airlines and whether there is any breach of contract present in between the Airbus Corporation Limited or not. The provision of the contract law will be applicable here. In the case of a contract, the contracting parties are bound by law to abide by the provision of law and the conditions of the agreement. It is important to maintain the rules of the contract properly to secure the interest of the contracting parties. However, the rule is that all the conditions need to be stated clearly in the contract and if any of the rules are stated in such a manner that cannot be seen properly, he will get certain benefit regarding the same. One of such benefit is the Exclusion clause. It has also been stated under the law that the law of contract is based on the offer and acceptance. In this case also the rule regarding the exclusion clause will be imposed on the party. The law of contract is not possible without offer and acceptance. There are certain provisions mentioned under the law that until the offer is accepted by the other party there will be no contract exist. There are certain provisions mentioned under the law of acceptance. It is a fact that acceptance must be depending on free consent and there should not be any chance to coerce the person of Crave out the acceptance illegally. It has been stated under the case law of Donoghue vs Stevenson that in case of any offer there should be acceptance for each and once the offer is accepted the offer has to pay attention to the acceptor. It has been mentioned under the case law of Riches v Hogbrn[1] it has been held that a party who accept the offer made by the offer should accept the same in such a way or manner that is created by the offer or that is encrypted in the mind of the offeror. In Wakeling v Ripley[2], it was held that a contract could be legally binding only use there is a valid offer and acceptance to the offer. In the case of Grauco[3] it has been held that once the person accept all the requirements made by the offer, he shall be restricted by Court to claim further. The reason behind the same is that it is presumed when a person give his consent over such issue, it has derived by way of free consent. It is stated under the law that when an offer has been made and the parties who accept the same could not able to add certain extra benefits under the conditions of the offer. If there is certain proof regarding the method that the acceptor has added extra provisions under the contractual rules and if the offeror could not able to understand its meaning and without the understanding he signed the contract then the transaction would not be considered as a valid acceptance or a valid contract. In Chapelton v Bary Urban District Council[4], it was held that there are certain limitation regarding the contractual liability and there is a profession mentioned under the contract law regarding the exclusion clause. There are certain provisions mentioned under the contract law to determine the legality of the legal effect of the contract. It has been mentioned under the act that after the offer is made a person who accepts the same, shall be made on the way where there is no classes of coercion and undue influence or fraudulent way. It has also been stated that if the additional term is not known to the parties to the contract or any of the parties to the contract the towns will be excluded from the contractual agreement. The main objective of the exclusion Clause is that is in a contractual agreement there is certain provisions regarding the contract law that are not expected to be there under the control agreement. It is to be understand that if any of the position has made or included or added in the conditions of the contractual agreement it is the duty of the person who has decided search terms brought into the mind of the other party. Is the same principle has not been followed up properly the validity of the contract should not be possible. The relevant case law regarding the exclusion clause can be Causer v Browne[5]. In Interphoto Picture Library v StillettoVisual Progrm[6], it has been held that after the contractual agreements and the terms of such agreement has been made no other conditions should be added with the agreement. If such terms are added it is said violate the principles of contractual law and hills make the contract void. The level of the contract law is civil in nature and therefore if any breach has been made regarding the contract act or the conditions of the contractual agreement, the aggrieved party has every right to claim damages from the liable party. In addition to the fact of claiming damage the address party me also sick from the earliest party such compensation then they had to face regarding the addition of the provision. Application In this present Case it is to be seen whether there is a valid offer and acceptance to the matter and whether there is any extra positions added under the contractual agreement or not. It is stated under the fact of the case that one Qantas made a contracting agreement for the period of 545 days. The contract is made under this case for the delivery of certain goods. All the necessary facts of the requirements made clear by the offer and the acceptor had agreed to provide all the requirements and therefore and acceptance has been made regarding the same. It is a common fact that once an offer is getting accepted the contract is formed as legally. It is a fact that after the acceptance of the offer made by the Qantas Airlines, the Airbus company has send a large number of documents and an additional conditions were made by the Airbus company. The Airbus Company has failed to make the first party know about the additional statements and therefore the case extract the profession of the exclusion clause of the contractual law. The requirements made by the Qantas Airlines that the Airbus company will provide them a high quality video entertainment system that must be hold 36 channels and there should be engine of good quality[7]. How was Earth after the contractual sub subject has been prepared and the first party of the contract started to using it has come to the knowledge of the party that the video system can hold 34 channels only and therefore the first party had to face serious monetary injury regarding the same. Therefore, it can be said that the Airbus company is liable under the exclusion clause as it was failed to make the additional provision knowledgeable for the first party and as a result of that the first party had to face severe business injury and therefore the Qantas Airlines can claim damage from the Airbus company for the Loss. The main issue of this case is whether the Frank can make the contract valid regarding the present scenario or not. The case is based on the vicarious liability where the main objective is the principal is liable for the act of the agent. The subject matter of the case attracts the principle of law of agency. Certain principles of miss representation of facts are also attracted in this case. It is a common principle that if a contract is made based on certain false statement Ben the law restrict the parties and invalidate the contract on the basis of misrepresentation of fact. The case regarding the misrepresentation has been proved in Eddington v Fitzmaurice[8]. The term miss representation of fact is differed from the puffery regarding the nature and character. In case of puffery, certain self exaggeration has been made and they have no legal significance as decided by the court in Dimmock v Hallet[9]. On the other hand miss representation can be take place in the contract where the contract is made based on false statement. Misrepresentation takes place well the other party to whom the misrepresented facts are delivered accept the same with a believe that the outcome of the facts will be beneficiary for him. A party that certain facts on Mr presented to them has decided it in the case of Hill versus Rose that it is enough to establish the fact and they had relied upon the misrepresented facts. In Lockhart v Osman[10] it was decided that a claim for misrepresentation can only be made when one party did not know about the true nature of the statement and the decision to accept the or misrepresented fact is not affected by the prior knowledge regarding the facts. The miss representation of fat helps the intending party to induce the other party in the contract and cheat them by involving their names in the contractual agreement. However, it is to be bored in mind that Silence could not be taken as an acceptance to the representation of fact. In Derry v Peek[11], it was held at fraudulent misrepresentation is made when the party who accepts then is represented facts knew the outcome of the facts and after knowing the facts they have not made any prudent decision or steps and sign the contract civil agreement based on the misrepresented facts. It is to be decided by the court that in case of fraudulent misrepresentation the party cannot claim any damage for their loss. The second problem regarding the case is based on the principle of agency. Certain exception present under the law of contract regarding the liability of the principal for the acts of the agent. The principal is known as the Vicarious liability. The case was established in the Pioneer Mortgage v Colombus Capital Pty Ltd[12]. The case is divided into two parts- at the first part, Gamma is a sales person and attempt to sell the dishware to one of her relative. The price that were fixed for the same $350. However, she had misrepresented the fact to the owner of the shop and told him that customer does not agree to pay more than $300. Believe the fact, Frank, the owner, agreed to sell the dishwasher at a price of $300. Later on, however, he came to know that there are customers who will pay $350 for the dishwasher. Therefore, in this case, Gamma misrepresented Frank and he can claim damage from her. In the second case, Bob was an employee under Frank and during his work, Bob had done something wrong and Frank suspended him for the same. after fired from the job, Bob sold 10 washing machine to Angela. Angela paid the money through online and then Bob fled away. When Angela asked for the machine, Frank told that Bob do not work there anymore. Conclusion: It either is to be stated that the principle of vicarious liability will apply here and Frank has to pay Angela the money or has to hand over the machine. Frank is bounded by the contract made between Bob and Angela. Reference: Appleman, John Alan, Jean Appleman, and Eric Mills Holmes.Contract Concerns: Reinsurance Contract Formation, Validity, And Judicial Construction. Vol. 14. Appleman on Insurance Law and Practice, 2016. Bourgeon, Jean-Marc, and Pierre Picard. "Fraudulent claims and nitpicky insurers."The American Economic Review104.9 (2014): 2900-2917. Causer v Browne (1952) VLR 1 Chapelton v Barry Urban District Council (1940) KB 532 Derry v. Peek (1889) 14 App Cas 33 Dimmock v Hallett (1866) LR 2 Edgington v Fitzmaurice (1885) 29 Ch D 459. Gergen, Mark P. "Negligent misrepresentation as contract." (2013). Hill v Rose [1990] VR 129 Interphoto Picture Library v Stiletto Visual Programmes Ltd (1988) 2 WLR 615 LEstange v Graucob (1923) 2KB 394 Lockhart v Osman [1981] VR 57 Murphy, Sharon M. "Sudden and Accidental Exception to the Pollution Exclusion Clause in Comprehensive General Liability Insurance Policies: The Gordian Knot of Environmental Liability, The."Vand. L. Rev.45 (1992): 161. Riches v Hogben [1986] 1 Qd R 315 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 Tarr, Julie-Anne. "Insurance contract disclosurean uncertain balance."Insurance Law Journal26.2 (2015): 109-121. Thornton v Shoe Lane Parking Ltd (1971) 2 QB 163 Wakeling v Ripley (1951) 51 SR (NSW) 183 Watteau v Fenwick [1983] 1 QB 346 Young, Derek, et al. "A framework for incorporating insurance in critical infrastructure cyber risk strategies."International Journal of Critical Infrastructure Protection14 (2016): 43-57 [1] Chapelton v Barry Urban District Council (1940) KB 532 [2] Causer v Browne (1952) VLR 1 [3] Derry v. Peek (1889) 14 App Cas 33 [4] Dimmock v Hallett (1866) LR 2 [5] Edgington v Fitzmaurice (1885) 29 Ch D 459 [6] Interphoto Picture Library v Stiletto Visual Programmes Ltd (1988) 2 WLR 615 [7] Appleman, John Alan, Jean Appleman, and Eric Mills Holmes.Contract Concerns: Reinsurance Contract Formation, Validity, And Judicial Construction. Vol. 14. Appleman on Insurance Law and Practice, 2016. [8] Lokhart v Osman [1981] VR 57 [9] Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 [10] Lockhart v Osman [1981] VR 57 [11] Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 [12] Bourgeon, Jean-Marc, and Pierre Picard. "Fraudulent claims and nitpicky insurers."The American Economic Review104.9 (2014): 2900-2917.
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