Thursday, May 21, 2020

Contracts made through Adverts - Free Essay Example

Sample details Pages: 5 Words: 1571 Downloads: 9 Date added: 2017/06/26 Category Advertising Essay Type Analytical essay Topics: Contract Law Essay Did you like this example? Lefkowitz v. Great Minneapolis Surplus Store, Inc. 86 N.W.2d 689 (Minn. 1957). Facts The case Lefkowitz versus the Great Minneapolis Surplus store addresses the common misconception of offers and contracts that can appear in advertising. Lefkowitz, the plaintiff, noticed an advertisement in a local store that offered the sale of fur coats that were valued at one hundred dollars. The discounted price, which was a dollar, was stated in the advertisement along with the statement of first come first serve. The advertisement was located in eth newspaper on April 6, 1956. About a week later, the Great Minneapolis Surplus Store advertised the same deal again in the same newspaper, but with the sale of pastel scarves along with a mink stole. The plaintiff Lefkowitz did as the advertisement instructed on both occasions and was the first individual that could have been served and received the discounted items for a dollar. During both occasions, the defendant refused to honor the advertisements that were located in the paper and thus refused to sell the offered merchandise to the plaintiff. During trial, the defendant chose to stand firmly on the case of Craft vs. Elder and Johnston Company as well as Johnson vs. Capital City Ford. Johnson vs. Capital City Ford addresses the advertisements relating to the purchase and sale of automobiles in which acceptance of a proposed offer may in fact constitute a contract which can be legally enforced. This case, just as in Lefkowitz vs. the Great Minneapolis Surplus Store questions the formalities of offers that can be contained in advertisements. Clear advertisements that leave no room for negotiation thereby allowing the formulation of a contract that comes in effect once accepted. It was stated during the case that the origin of an advertisement must be determined in order to conclude whether it can be classified as a simple invitation or an offer. At the trial of Lefkowitz vs. The Great Minneapol is Surplus Store, it was ultimately determined that due to characteristics of the advertisements the plaintiff was entitled to the fulfillment of the offer. The advertisement from the surplus store was clear and explicit all while leaving nothing open for negotiation. The court in conclusion held that Lefkowitz was entitled to the performance mentioned by the defendant because he served in full compliance with the terms of the advertisement as well as offering the purchase price stated. Damages were awarded to the plaintiff that were equal to the value stated in the advertisement. Issue The issue of the case lies in whether or not the advertisement published by the Great Minneapolis Surplus Store issued and denied an advertisement or an offer. Offers can be held under contractual obligations which would require one who issued and dishonor the promise to be held legally liable. The issue of the case also causes for the defendant to prove that the advertisement held some type of negotiable factors that would allow it to not be considered a contract. In summation the issue of the case lies in the various circumstances that constitutes an advertisement as an offer. Decision Ruling for the appeal was affirmed on the basis of the offer leaving no room for negotiation as it was clear, explicit and definite. The court decided that a newspaper advertisement could be considered an offer due to certain circumstances especially when the actions needed in order for a consumer to accept the offer are clear. Section II The ruling of affirmed in the case of Lefkowitz vs. The Great Minneapolis Surplus Store was accurate in that it expressed the formalities of a contract, the true nature of an advertisement the characteristics of an invitation. The formalities of a contract consist of a multitude of entities that enable such an agreement to be legally enforceable in court. Contracts must be formed by two parties or more allowing for a promise to be enacted and fulfilled (Halbert Ingulli, 2012). If a contractual promise is not fulfilled by the individual that made the promise, the party can therefore be subject to sanctions of a court (Miller Jentz, 2010). In attempting to determine in the case of Lefkowitz vs. The Great Minneapolis Surplus Store, whether or not a contract has been formed, one must determine the element of intent of the contract. This results in concluding that the contract was judged by facts which were considered objective as interpreted by a person considered reasonable. The offer made by the Great Minneapolis Surplus Store contains all the requirements necessary for a valid contract which are agreement, consideration, contractual capacity and legality. The advertisements made in the case both contained agreements that held offers and acceptance. The offers made on both occasions contained goods that were offered at a discount rate and accepted by the plaintiff. Consideration, which is also a key component of a contr act, was contained in the advertisement. Fur coats along with a mink stole and mink scarves were promised to convince the consumer (plaintiff Lefkowitz) to make a deal. Next, in discussing formalities of contracts, one must address contractual capacity. This simply addresses the competence of both parties which was apparent between the plaintiff and defendant in question. Finally, a contract must have the goal of accomplishing something legal. The advertisements made by the Great Minneapolis Surplus Store was not formed with legal intention however they do fall under the contractual category of adhesion. Adhesion contracts are written by one party, which is usually a seller and presented to another adhering party, the consumer, on a non-negotiable basis. This is what enabled the defendant to be held liable for not honoring the contract. Secondly, the ruling of affirmed in the case of Lefkowitz vs. The Great Minneapolis Surplus Store was accurate due to it revealing the true natur e of an advertisement. Advertisements are generally meant for the public and structured as an invitation to accept an offer and not the offer itself (Miller Jentz, 2010). This is due to the lack of legal implications and intentions that advertisements usually contain. A noted exception to this is when advertisements have the potential to be construed as offers which occurs where definite terms are presented that invited acceptance, for example, an advertisement offering a reward for a lost pet if found (Cornel University Law School: Legal Information Institute, 1992). The advertisement made by the Great Minneapolis Surplus Store contained definite terms such as the price and arrival time in order for a consumer to be able to participate in the sale. Price lists, which are also considered as a form of advertising, are used by companies to negotiate trade. Price lists are often taken as advertisements due to the list not being the final offer for sale of the product but more so an in vitation to proposed buyers. These lists usually contain a clause at the bottom that states, à ¢Ã¢â€š ¬Ã…“prices are subject to changeà ¢Ã¢â€š ¬Ã‚  due to the many discretions of the seller. Neither of the advertisements distributed by the Surplus Store held such jargon as to insinuate negotiable factors of the advertisementà ¢Ã¢â€š ¬Ã¢â€ž ¢s thus resulting in the store being held liable. Finally, The ruling of affirmed in the case of Lefkowitz vs. The Great Minneapolis Surplus Store was accurate in that it expressed the characteristics of an invitation. Characteristics of an invitation and that of the advertisement from the surplus store were compared in an effort to categorize the Surplus storeà ¢Ã¢â€š ¬Ã¢â€ž ¢s selling methods (Miller Jentz, 2010). Invitations in advertisements are usually imitated to the buyer in an effort to propose a deal (Blum, 2007). Contracts are initially à ¢Ã¢â€š ¬Ã…“the dealà ¢Ã¢â€š ¬Ã‚  thus preventing the need to invite a buyer based on specific terms. An advertisement can and will be considered an offer when it promises something in an obvious exchange for a clear, definite action which ultimately leaves nothing open for negotiation. Otherwise, an advertisement is simply an invitation made for a proposed offer. The case Lefkowitz versus the Great Minneapolis Surplus store addresses the common misconception of offers and contracts that can appear in advertising. Lefkowitz, the plaintiff, noticed an advertisement in a local store that offered the sale of fur coats that were valued at one hundred dollars. The discounted price, which was a dollar, was stated in the advertisement along with the statement of first come first serve. The advertisement was located in eth newspaper on April 6, 1956. About a week later, the Great Minneapolis Surplus Store advertised the same deal again in the same newspaper, but with the sale of pastel scarves along with a mink stole. The plaintiff Lefkowitz did as the advertisement inst ructed on both occasions and was the first individual that could have been served and received the discounted items for a dollar. During both occasions, the defendant refused to honor the advertisements that were located in the paper and thus refused to sell the offered merchandise to the plaintiff. Ruling for the case was fair in that the advertisements presented by the company were structured as contract. References Blum, B. A. (2007). Contracts: Examples explanations. New York: Aspen Publishers. Cornel University Law School: Legal Information Institute. (1992). Definition for purposes of section 5 of the Act, of à ¢Ã¢â€š ¬Ã…“saleà ¢Ã¢â€š ¬Ã‚ , à ¢Ã¢â€š ¬Ã…“offerà ¢Ã¢â€š ¬Ã‚ , à ¢Ã¢â€š ¬Ã…“offer to sellà ¢Ã¢â€š ¬Ã‚ , and à ¢Ã¢â€š ¬Ã…“offer for saleà ¢Ã¢â€š ¬Ã‚ . 17 CFR 230.133. Retrieved from https://www.law.cornell.edu/cfr/text/17/230.133 on 4/5/2014 Halbert, T., Ingulli, E. (2012). Law ethics in the business environment (7th ed.). Mason, OH: So uth-Western Cengage Learning. Miller, R., Jentz, G. (2010). Fundamentals of Business Law. Summarized Cases. 8th Ed. Mason: Cengage Learning. Don’t waste time! 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Wednesday, May 6, 2020

Essay on Tourism - Curse or Blessing - 1807 Words

Tourism Resource Development Individual Assignment Tourism – A Curse or a Blessing? Tourism – Blessing or Curse? Introduction Tourism is one of the most influential and powerful industrial service sectors in the global economy. With a current contribution of 6-7% of the overall number of jobs worldwide and an annual receipt of around 1,030 billion US Dollars in 2012 (UNWTO, 2012), tourism proves itself as a strong and solid industry. Furthermore, tourism ranks fourth as an export category behind fuel, chemicals and food indicating the power of a service-based industry in the global market (UNWTO, 2012). Nevertheless, tourism is also dealing with its negative impacts on different destinations such as the great†¦show more content†¦Especially in developing countries, the problem of child sex tourism occurs (Verheijen, 2012). With a tourism growth rate of 8% in South-East Asia (UNWTO, 2012), tourism seems to proves itself as a stable and profitable economic sector in these regions. Hence, it is evaluated as a profitable possibility to generate income rapidly. Mainly girls are forced to ‘workâ₠¬â„¢ in prostitution by relatives, due to the poor economic situation in their home countries (Verheijen, 2012) and the hope to make a ‘fast buck’. Thereby, it is possible to state that tourism stimulates child sex tourism in particular regions. Nevertheless, tourism also has the power/influence to fight against the abovementioned developments. It can be outline that tourism is a product which runs through several stages of consumption and thereby, creates many contact points of professionals and consumers which could be used in order to educate and raise awareness about sustainable travelling (see appendix, Figure 2: Contact Points of Consumers with Professionals) (Verheijen, 2012). Especially in the case of child sex tourism, Verheijen (2012) states that tourist have the ability to report suspicious behaviour because they are at the face of happenings. 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Internationalization form Free Essays

In characterizing the different international business forms available, Bartlett and Ghoshal (1989) have made a distinction between global, international, transnational and multinational organizations. Wax’s organizational structure can be described as an integrated network structure, with resources, decisions, and responsibilities being dispersed and specialized, but interdependent. Each of the different local units makes differentiated contributions to Wax’s worldwide operations, and its strategic advantage derives from the ability to achieve worldwide competitiveness, local responsiveness, and global innovation simultaneously. We will write a custom essay sample on Internationalization form or any similar topic only for you Order Now As such, it can be typified as a transnational (Bartlett and Goshal, 1989). Pelmutter has made a distinction between ethnocentric, polycentric, heterarchical, and geocentric organizations (Hedlund, 1986, p. 9-35). Using Pelmutter’s typology, Wax’s organizational structure can be described as a heterarchy (or network) (as opposed to a mother/daughter, divisional, or matrix structure), with the role of its various subsidiaries being to make local contributions to the firm’s local as well as global strategies. Its strategic advantage can be described as deriving from the flexibility in the worldwide market that its structure affords. As such, using Pelmutter’s classification, the form of decentralization at Wax can be described as heterachical rather than ethnocentric, polycentric, or geocentric (Hedlund, 1986, p. 9-35). References: Hedlund, G. 1986. â€Å"The hypermodern MNC – A heterarchy? † Human Resource Management, Vol. 25 1986, No. 1, pp. 9–35. Bartlett, C. A. and Ghoshal, S. 1989. Managing across borders: The transnational solution. Boston. Q. 2: Explicate how a management accounting system could enable the Salvation Army to respond to the la? cit? requirements. Specify how resource allocation could be accounted for: Cost control is a central component of management accounting. Using techniques such as lifecycle costing and activity-based costing, the Salvation Army will be able to â€Å"identify, measure, analyze, accumulate, prepare, interpret, and communicate† the proper costs relating to key activities such as social work and evangelism (CIMA, 2009). In this regard, the management accounting system will help to provide a proper perspective on costs, thus helping to rein in costs and improve cost transparency. This will help the organization to meet its goals more appropriately (for example, getting a proper handle on costs would help it reach more people with soup, soap and salvation), while enhancing transparency and accountability in the way it uses its resources (Lucey, 2003). The establishment of an effective management accounting system (underpinned by a modern management information system) will yield a more accurate and precise platform for the â€Å"identification, measurement, analysis, accumulation, preparation, interpretation, and communication† of information (CIMA, 2009). This in turn will aid and drastically help improve the operational and financial performance of the organization, given that both operational and financial decisions will be made on the basis of such information. Given that management accounting is forward-looking, it will facilitate forecasting and planning (Lucey, 2003). Such a management accounting system will help to identify risks that may hinder the organization from meeting its goals (for example, a likelihood of reduced donor funds), and towards this end, will facilitate the implementation of risk management strategies to avert the risks and help the Salvation Army meet its objectives (Lucey, 2003). Resource allocation must ensure a balance between the organization’s social and spiritual goals. Towards this end, a proper determination of the resources required by each of these two departments must be made, priorities ranked, and matched to the resources available. Qualified accountants must be given the independence and authority to draw the organization’s financial statements, which must be audited by external and independent auditors such as those from the Ministry of Social Services (given that the Salvation Army is also a charity) (Chadwick, 1993). References: Chadwick, L. 1993. Management accounting. Routledge. ISBN 0415070848, 9780415070843 Chartered Institute of Management Accountants (CIMA). 2009. Official terminology. Lucey, T. 2003. Management accounting. Continuum. ISBN 0826463606, 9780826463609. How to cite Internationalization form, Papers