Change management Case Study Example | Topics and Well Written Essays - 1250 words

Change management - Case Study Example verage of the potential purchasers of the customer relationship management software that is used for the professional purpose within the organization. Westerly was responsible for answering the queries from the interested customers. Westerly also explained her research method and the data collection techniques to Robert Lin who is the regional sales director (RSD) for Asia-Pacific. There were two other RSDs who received the negative complaints from the field consultants. Many of the RSDs from Europe and Middle East did not bother to respond to Westerly’s emails as they considered these as irrelevant. However, there were further complaints against her poor performance and she realized that she had failed in undertaking a change management within the organization. After Westerly’s recruitment in Kauflauf, she had to participate in a very short training program of around two months followed by visiting the regional sales directors in the fields and observing their work process. However, she gained an experience regarding the corporate culture followed in various organizations, but the training period was of a very short duration. Westerly was confused with the work process in the relationship driven and solution oriented work process, where technical excellence was considered to be an important factor. She had never worked in an informal atmosphere and the culture was completely unique as well as challenging for her. Many of the employees of Kauflauf considered working in the organization as a source of pride, whereas, very few of them felt that the job seemed frustrating. Westerly had been trained for a very short duration of time and she had to develop a great deal of understanding about the new culture of the organization. Therefore, the change management was a very challenging issue for her and she faced difficulty in understanding the demands of the customers. Hence, her attempt to undertake a change in the sales call pattern failed. Westerly had developed

Study of Chinas first five year plan

Study of Chinas first five year plan The industrial system taken over by the Chinese Communist leadership in 1949 was not only rudimentary and war-devastated, but also extremely imbalanced. Over 70% of the industrial assets and output were concentrated in the coastal areas while the rest of the country shared the remainder. Within the coastal region, modern industrial production was again heavily concentrated in a few cities, namely Beijing, Tianjin, Shanghai, Shenyang, Anshan, Benxi, Dalian and Fushun accounted for 55% of the total for the coastal region. China was a typical dual economy, in which a few industrial cities were surrounded by large-scale agriculture. When the Chinese leadership started its efforts at industrialization, it regarded the huge coast-interior imbalance as irrational because, firstly, areas of industrial production were usually too far away from energy and raw materials supply areas and the interior market, meaning substantial long-distance transport costs and creating a strain on Chinas undeve loped transport system. Secondly, the rich resources in the inland areas could not be properly exploited. Finally, since the coast was easily exposed to foreign military power, the heavy concentration of industry there represented a national security risk, as was the case during the Second World War. To rectify that regional imbalance, the Chinese leadership decided to pull the levers of centrally directed investment. (Yang, 1990) Land Reform During the land reform, a significant amount landlords were murdered at Communist Party gatherings, the land was then given to peasants and there was also the Campaign to Suppress Counter-revolutionaries, involving public executions of mainly former Kuomintang officials, businessmen accused of market disturbances, former employees of Western companies and intellectuals whose loyalty was suspect. In 1976, the U.S. State department estimated around a million may have been killed during land reform, and a further 800,000 killed in the counterrevolutionary campaign (Shalom, 1984, p24). Mao himself claimed that a total of 700,000 people were executed during the years 1949-53 (Chang Halliday, 2005). However, because there was a policy to select at least one landlord, and usually several, in virtually every village for public execution, the number of deaths ranged between 2 and 5 million. In addition, at least 1.5million people (Short, 2001), perhaps as many as 6 million were sent to refor m through labour camps where many perished (Valentino, 2004). Mao played a personal role in organizing the mass repressions and established a system of execution quotas, which were often exceeded, arguing that these killings were a necessity for securing power. First Five year plan Chinas first Five-Year Plan entailed the forced provision of cheap agricultural supplies to cities, though per capita allocation kept low to discourage urbanization. In rural areas, production decisions are shifted from households to mutual aid teams, and then to cooperatives where a cadre makes key decisions. Ownership is redefined in the form of state-owned enterprises and collectivized farms. In terms of financial structure, the binding constraints on households and enterprises at this time are coupons, authorizations, and orders to deliver. These instruments rather than money determine production and consumption outcomes; therefore prices are of secondary importance. The Hundred Flowers campaign brings unanticipated criticism, especially from intellectuals, which Mao silences in the repressive anti-rightist campaign. Almost two-thirds of the major projects, including many being built with Soviet aid were located in the interior. Despite allowance made to help rehabilitate war-devastated coastal industrial facilities, nearly 56% of the state investment in fixed assets went to the interior during this period. The interior-orientated investment policy took its toll in terms of economic efficiency as coastal industrial growth was sorely needed as a foundation for the development of the whole country. More concentrated efforts at rehabilitation and improvement of old enterprises in the coastal region could have produced more immediate economic pay-offs than making new investments in areas that lacked infrastructural support. Thus, Mao, in his April 1956 speech On the ten great relationships, commented that in the past few years we have not laid enough stress on industry in the coastal region so that the productive power of coastal industry could be used for the full development of the whole country, e specially the interior. In the same speech, however, Mao also revealed he was in favour of building most of heavy industry, 90% or perhaps still more, in the interior. Worden, Savada and Dolan (1987) discussed how China used a Soviet approach to economic development was manifested in the First Five-Year Plan. The main objective was a high rate of economic growth, with primary emphasis on industrial development at the expense of agriculture and particular concentration on heavy industry and capital-intensive technology. Large numbers of Soviet engineers, technicians, and scientists assisted in developing and installing new heavy industrial facilities, including entire plants and pieces of equipment purchased from the Soviet Union. Government control over industry was increased during this period by applying financial pressures and inducements to convince owners of private, modern firms to sell them to the state or convert them into joint public-private enterprises under state control. By 1956 approximately 67.5% of all modern industrial enterprises were state owned, others were under joint ownership. No privately owned firms remained. During the sam e period, the handicraft industries were organized into cooperatives, which accounted for 91.7% of all handicraft workers by 1956. Agriculture also underwent extensive organizational changes. To facilitate the mobilization of agricultural resources, improve the efficiency of farming, and increase government access to agricultural products, the authorities encouraged farmers to organize increasingly large and socialized collective units. From the loosely structured, tiny mutual aid teams, villages were to advance first to lower-stage, agricultural producers cooperatives, in which families still received some income on the basis of the amount of land they contributed, and eventually to advanced cooperatives, or collectives. In terms of economic growth the First Five-Year Plan was quite successful, especially in those areas emphasized by the Soviet-style development strategy. A solid foundation was created in heavy industry. Thousands of industrial and mining enterprises were constructed, including 156 major facilities. Industrial production increased at an average annual rate of 19% between 1952 and 1957, and national income grew at 9% a year. Despite the lack of state investment in agriculture, agricultural output increased substantially, averaging increases of about 4% a year. This growth resulted primarily from gains in efficiency brought about by the reorganization and cooperation achieved through collectivization. As the First Five-Year Plan wore on, however, Chinese leaders became increasingly concerned over the relatively sluggish performance of agriculture and the inability of state trading companies to increase significantly the amount of grain procured from rural units for urban consumption. T he First Five-Year Plan was for a long time the only plan that was even partially executed. Second The success of the First Five Year Plan encouraged Mao to initiate the Great Leap Forward, in 1958. Mao also launched a phase of rapid collectivization. The Party introduced price controls as well as a Chinese character simplification aimed at increasing literacy. The Great Leap was not merely a bold economic project, it was also intended to show the Soviet Union that the Chinese approach to economic development was more vibrant, and ultimately would be more successful, than the Soviet model that had been used previously. Under the economic program, the relatively small agricultural collectives which had been formed were rapidly merged into far larger peoples communes, and many of the peasants ordered to work on massive infrastructure projects and the small-scale production of iron and steel. Some private food production was banned; livestock and farm implements were brought under collective ownership. Under the Great Leap Forward, Mao and other party leaders ordered the implementation of a variety of unproven and unscientific new agricultural techniques by the new communes. Combined with the diversion of labour to steel production and infrastructure projects and the reduced personal incentives under a commune system this led to an approximately 15% drop in grain production in 1959 followed by further 10% reduction in 1960 and no recovery in 1961 (Spence, p.553). To win favour with superiors and avoid being purged, each layer in the party hierarchy exaggerated the amount of grain produced under them and based on the fabricated success, party cadres were ordered to requisition a disproportionately high amount of the true harvest for state use primarily in the cities and urban areas but also for export, which resulted in the rural peasant snot left enough to eat and millions starved to death in the largest famine in human history. This famine was a direct cause of the death of some 3 0 millions of Chinese peasants between 1959 and 1962 and about the same number of births were lost or postponed. Further, many children who became emaciated and malnourished during years of hardship and struggle for survival, died shortly after the Great Leap Forward came to an end in 1962 (Spence, p.553). The famine was due to Maos leaning heavily on mass mobilization to speed up industrial development. The Great Leap emphasized heavy industry in general, and the iron and steel industry in particular. In any case, the Great Leap came to be a leap into disaster and was a major cause of Chinas worst famine (1959-61). During this period state investment in industrial assets in the interior continued to increase. It averaged 59.4% of the national total during 1958-62 and further grew to 62-5% in the post-Leap adjustment period (1963-65). In the meantime, worsening Sino-Soviet relations and U.S. involvement in Vietnam led Chinas leaders to perceive a greater need for enhancing its national defence capabilities. As a result, despite the much felt post-crisis need to invigorate existing industrial production and restore consumption levels, Mao in 1964 ruled in favour of building more defence-orientated industries in the interior so that Chinas industrial infrastructure would survive a foreig n invasion and provide for a protracted defensive war. (Yang, 1990, p.236-7) As part of this push for hierarchical organization and revolutionary thinking, Mao initiates the Peoples Commune Movement to foster a communist-agrarian society. Bad incentives and bad weather bring the famine of 1960 with its accompanying economic turmoil, starvation, and rural revolt. Twenty to thirty million people lose their lives through malnutrition and famine (Fairbanks 1987, p.296). The failure of the Great Leap Forward and the Peoples Commune Movement created the first open split within the ranks of communist leaders. Furthermore, a major rift opens with the Soviets, leading to a break in relations and Russian aid flows. (Jaggi et al., WP 1996) The Great Leap Forward was a disaster for China. Although the steel quotas were officially reached, almost all of it made in the countryside was useless lumps of iron, as it had been made from assorted scrap metal in homemade furnaces with no reliable source of fuel such as coal. At the Lushan Conference in 1959, several leaders expressed concern that the Leap was not as successful as planned. The most direct of these was Minister of Defence and Korean War General Peng Dehuai. Mao, fearing loss of his position, orchestrated a purge of Peng and his supporters, stifling criticism of the Great Leap policies. Senior officials who reported the truth of the famine to Mao were branded as right opportunists (Becker, 1998). A campaign against right opportunism was launched and resulted in party members and ordinary peasants being sent to camps where many would subsequently die in the famine. The party have now concluded that 6 million were wrongly punished in the campaign. (Valentino, 2004, p . 127) The largest man-made famine on record was the Chinese famine of 1958-1961, which resulted in the death of an estimated 30 million people and approximately the same number of births lost or postponed. This famine was thought to be as a direct result of the decision by Mao Zedong to launch the Great Leap Forward, a mass mobilization of the population to achieve economic advancement. Mao followed the Stalinist ideology of heavy industry being the answer to economic advancement, peasants were ordered to abandon all private food production and instead produce steel which proved to be of extremely poor quality and of little or no use (Smil, 1999). This created a similar pattern to that of the loss of grain production needed to feed the population as seen in the Ukraine in the 1930s,by the spring of 1959 famine had affected people living in one-third of Chinas provinces. Until the mid 1980s, when official census figures were finally published by the Chinese Government, little was known abou t the scale of the disaster in the Chinese countryside, as the handful of Western observers allowed access during this time had been restricted to model villages where they were deceived into believing that Great Leap Forward had been a great success. There was also an assumption that the flow of individual reports of starvation that had been reaching the West, primarily through Hong Kong and Taiwan, must be localized or exaggerated as China was continuing to claim record harvests and was a net exporter of grain through the period. Because Mao wanted to pay back early to the Soviets debts totalling 1.973 billion yuan from 1960 to 1962, exports increased by 50%. (ONeill, 2008) Censuses were carried out in China in 1953, 1964 and 1982. The first attempt to analyse this data in order to estimate the number of famine deaths was carried out by Dr Judith Banister. Given the gaps between the censuses and doubts over the reliability of the data, an accurate figure is difficult to ascertain. Banister concluded that the official data implied that around 15 million excess deaths incurred in China during 1958-61 and that based on her modelling of Chinese demographics during the period and taking account of assumed underreporting during the famine years, the figure was around 30 million. The official statistic is 20 million deaths, as given by Hu Yaobang (Short, 2001). Third Temporary realignment of political power, from Mao to Liu Shaoqi Recovery policies informed by pragmatism Readjustment of priorities Agriculture, Light, Heavy Take agriculture as the key link Agriculture as the foundation of the economy; grain as the foundation of the foundation Reorganisation of agricultural institutional framework commune production brigade, production team Introduction of grain imports Retrenchment in industry Third Five year Plan (1966-1969) tasks included developing agriculture to feed the populace and meet other basic needs (such as clothing); strengthening national defence (a priority given Chinese concerns of a potential war); advancing technology; developing infrastructure; encouraging economic self-reliance. Again striving to expand his command over the Party, Mao orchestrates the Cultural Revolution. Early stages of the movement entail a struggle against the so called antiparty clique, including Liu Shaoqi and Deng Xiaoping. Mao calls on the youth as Red Guards to spread revolutionary zeal. They make a specialty of attacking professionals and intellectuals, and wreak havoc on the educational system. Begun as a political struggle, the Cultural Revolution paralyzes normal life and throws the economy into turmoil. Fourth The Cultural Revolution change political succession discipline government bureaucracy produce a new generation of revolutionary successors introduce egalitarian policy initiatives Transfer of political power from pragmatic economic technocrats to radical elements of CCP (esp. gang of four) Three elements of Cultural Revolution economic strategy self-sufficiency egalitarianism the Third Front Cultural Revolution as an urban, not rural, phenomenon industry, not agriculture, the major loser The Fourth Five Year Plan was more successful than anticipated, with the industrial and agricultural goals exceeded by 14.1% and industrial gross output value goals by 21.1%. Agricultural gains also exceeded goals, but more moderately, with a 2.2% rise above expectations. According to the Official Portal of the Chinese Government, however, the focus on accumulation and rapid development in this and preceding plans were impediments to long-term economic development In September 1970, the Plan was drafted with such goals as maintaining an annual growth rate of 12.5% in industry and agriculture as well as specific budget allowances for infrastructure construction (130 billion yuan during the Plan). In 1973, some of the specific provisions of the plan were amended to lower the targets. All targets had been reached or surpassed by the end of 1973. China experienced a vibrant economy in the years 1972 and 1973. Conclusion In conclusion, Maos five year plans, during his time as Chairman of the CPC, were not only enabled China to grow in terms of GDP, but enabled improved rates of literacy, improved living standards if only slightly, some elements of trade liberalisation occurred and a focus on agriculture was eventually made in order to develop food securities, there was some industrialisation and investment in infrastructure. The growth was mainly export-led as GDP per capita did not drastically increase, infrastructure investment rose to a level allowing China to uphold its ability to It therefore can be argued that although many millions of people suffered due to Mao, that China today has partly benefited from the Mao years, although I believe that if Mao had not been kept unaware of the situation that arose in the Great Leap Forward years, that the suffering and deaths that occurred could have been avoided.

Directing A New Production Of An Inspector Calls by J. B. Priestly :: English Literature

Directing A New Production Of An Inspector Calls by J. B. Priestly, With Special Reference To Act Two, Page 33 (in Heinemann Plays An Inspector Calls), And The Characters Of The Inspector And Mrs. Birling The two characters that I have chosen - the in The two characters that I have chosen from the play, 'An Inspector Calls', are the Inspector and Mrs. Birling. I chose these characters because they have very contrasting personalities. The Inspector is called 'Goole', which symbolises a ghoul and reflects on his personality. He is very probing when he asks the family questions and obviously has experience with 'interrogating' people. He is very direct and quite blunt when he is questioning the Birling family. In the BBC video version of the play, it was quite obvious that the Inspector was not a normal man as soon as he entered the room. This may have been helped by dramatic music, but it was also evident in the play. "The Inspector enters, and Edna goes, closing the door after her. The Inspector need not be a big man but he creates at once an impression of massiveness, solidity and purposefullyà ¢Ã¢â€š ¬Ã‚ ¦ He speaks carefully, weightily, and has a disconcerting habit of looking hard at the person he addresses before actually speaking." As soon as the Inspector enters the room, the other characters are immediately aware of this "impression of massiveness". In the BBC video the Inspector was quite an old man and he looked feeble in a way, but he still created this effect when he spoke to the other characters. He seems to have a gift to be able to make people feel uncomfortable and guilty when he wants. "INSPECTOR: 'That's more or less what I was thinking earlier tonight, when I was in the infirmary looking at what was left of Eva Smith. A nice little promising life there, I thought, and a nasty mess somebody's made of it.' BIRLING looks as if he is about to make some retort, then thinks better of it, and goes out, closing the door sharply behind him. GERALD and ERIC exchange uneasy glances. The INSPECTOR ignores them." This is a particularly good quote because it shows the Inspector's way of speaking and the character's reactions to him. It seems that Mr Birling cannot even confront the Inspector and has to leave the room, even though Mr Birling was Lord Mayor which gives him authority over a Police Inspector, and is of a higher class than the Inspector, which should give him confidence. Mrs Birling is the quiet wife of the successful owner of Birling and Co. She is a very high-class lady who could be described as 'posh'.

Banking Industry Essay

The Banking Industry was once a simple and reliable business that took deposits from investors at a lower interest rate and loaned it out to borrowers at a higher rate. However deregulation and technology led to a revolution in the Banking Industry that saw it transformed. Banks have become global industrial powerhouses that have created ever more complex products that use risk and securitisation in models that only PhD students can understand. Through technology development, banking services have become available 24 hours a day, 365 days a week, through ATMs, at online bankings, and in electronically enabled exchanges where everything from stocks to currency futures contracts can be traded . The Banking Industry at its core provides access to credit. In the lenders case, this includes access to their own savings and investments, and interest payments on those amounts. In the case of borrowers, it includes access to loans for the creditworthy, at a competitive interest rate. Banking services include transactional services, such as verification of account details, account balance details and the transfer of funds, as well as advisory services, that help individuals and institutions to properly plan and manage their finances. Online banking channels have become key in the last 10 years. The collapse of the Banking Industry in the Financial Crisis, however, means that some of the more extreme risk-taking and complex securitisation activities that banks increasingly engaged in since 2000 will be limited and carefully watched, to ensure that there is not another banking system meltdown in the future. Mortgage banking has been encompassing for the publicity or promotion of the various mortgage loans to investors as well as individuals in the mortgage business. Online banking services has developed the banking practices easier worldwide. Banking in the small business sector plays an important role. Find various banking services available for small businesses. Management Management in all business and organizational activities is the act of getting people together to accomplish desired goals andobjectives using available resources efficiently and effectively. Management comprises planning, organizing, staffing, leading or directing, and controlling an organization (a group of one or more people or entities) or effort for the purpose of accomplishing a goal.Resourcing encompasses the deployment and manipulation of human resources, financial resources, technological resources, andnatural resources. Since organizations can be viewed as systems, management can also be defined as human action, including design, to facilitate the production of useful outcomes from a system. This view opens the opportunity to ‘manage’ oneself, a prerequisite to attempting to manage others. Basic functions Management operates through various functions, often classified as planning, organizing, staffing, leading/directing, controlling/monitoring and motivation. * Planning: Deciding what needs to happen in the future (today, next week, next month, next year, over the next five years, etc.) and generating plans for action. * Organizing: (Implementation)pattern of relationships among workers, making optimum use of the resources required to enable the successful carrying out of plans. * Staffing: Job analysis, recruitment and hiring for appropriate jobs. * Leading/directing: Determining what must be done in a situation and getting people to do it. * Controlling/monitoring: Checking progress against plans. * Motivation: Motivation is also a kind of basic function of management, because without motivation, employees cannot work effectively. If motivation does not take place in an organization, then employees may not contribute to the other functions (which are usually set by top-level management). Basic roles * Interpersonal: roles that involve coordination and interaction with employees. * Informational: roles that involve handling, sharing, and analyzing information. * Decisional: roles that require decision-making. Management skills * Political: used to build a power base and establish connections. * Conceptual: used to analyze complex situations. * Interpersonal: used to communicate, motivate, mentor and delegate. * Diagnostic: ability to visualize most appropriate response to a situation. * Technical: Expertise in one’s particular functional area.. Business Ethics Business ethics (also corporate ethics) is a form of applied ethics or professional ethics that examines ethical principles and moral or ethical problems that arise in a business environment. It applies to all aspects of business conduct and is relevant to the conduct of individuals and entire organizations. Business ethics has both normative and descriptive dimensions. As a corporate practice and a career specialization, the field is primarily normative. Academics attempting to understand business behavior employ descriptive methods. The range and quantity of business ethical issues reflects the interaction of profit-maximizing behavior with non-economic concerns. Interest in business ethics accelerated dramatically during the 1980s and 1990s, both within major corporations and within academia. For example, today most major corporations promote their commitment to non-economic values under headings such as ethics codes and social responsibility charters. Adam Smith said, â€Å"People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.†[1] Governments use laws and regulations to point business behavior in what they perceive to be beneficial directions. Ethics implicitly regulates areas and details of behavior that lie beyond Business ethics reflects the philosophy of business, one of whose aims is to determine the fundamental purposes of a company. If a company’s purpose is to maximize shareholder returns, then sacrificing profits to other concerns is a violation of its fiduciary responsibility. Corporate entities are legally considered as persons in USA and in most nations. The ‘corporate persons’ are legally entitled to the rights and liabilities due to citizens as persons. Economist Milton Friedman writes that corporate executives’ â€Å"responsibility†¦ generally will be to make as much money as possible while conforming to their basic rules of the society, both those embodied in law and those embodied in ethical custom† Friedman also said, â€Å"the only entities who can have responsibilities are individuals †¦ A business cannot have responsibilities. So the question is, do corporate executives, provided they stay within the law, have responsibilities in their business activities other than to make as much money for their stockholders as possible? And my answer to that is, no, they do not. A multi-country 2011 survey found support for this view among the â€Å"informed public† ranging from 30 to 80%. Duska views Friedman’s argument as consequentialistrather than pragmatic, implying that unrestrained corporate freedom would benefit the most in long term. [ Similarly author business consultant Peter Drucker observed, â€Å"There is neither a separate ethics of business nor is one needed†, implying that standards of personal ethics cover all business situations. However, Peter Drucker in another instance observed that the ultimate responsibility of company directors is not to harm—primum non nocere. Another view of business is that it must exhibit corporate social responsibility (CSR): an umbrella term indicating that an ethical business must act as a responsible citizen of the communities in which it operates even at the cost of profits or other goals.In the US and most other nations corporate entities are legally treated as persons in some respects. For example, they can hold title to property, sue and be sued and are subject to taxation, although their free speech rights are limited. This can be interpreted to imply that they have independent ethical responsibilities. Duska argues that stakeholders have the right to expect a business to be ethical; if business has no ethical obligations, other institutions could make the same claim which would be counterproductive to the corporation. Ethical issues include the rights and duties between a company and its employees, suppliers, customers and neighbors, its fiduciaryresponsibility to its shareholders. Issues concerning relations between different companies include hostile take-overs and industrial espionage. Related issues include corporate governance;corporate social entrepreneurship; political contributions; legal issues such as the ethical debate over introducing a crime of corporate manslaughter; and the marketing of corporations’ ethics policies.According to IBE/ Ipsos MORI research published in late 2012, the three major areas of public concern regarding business ethics in Britain are executive pay, corporate tax avoidance and bribery and corruption.

Case Scenario: Big Time Toymaker Essay

1. At what point, if ever, did the parties have a contract? Our textbook defines a contract as â€Å"a promise or a set of promises enforceable by law† (). A contract does not necessarily has to be in writing. A contract can be oral and enforceable. Big Time Toymaker and Chou took part in an oral contract. Big Time Toy Maker and Chou held a meeting where an oral distribution agreement was reached. In addition, Big Time Toy sent an email to Chou confirming the agreement. 2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? The facts that may weigh in favor of Chow are the exclusive negotiation rights for a 90-day period, the oral agreement that was reached at the meeting and the email he received from Big Time Toy. The facts against Chou would be that there is never an actual written agreement drafted by Chou. In addition, the exclusive negotiation rights agreement stipulated that no distribution contract existed unless it was in writing. Finally, no written agreement was turned in within the original 90-day period stipulated in the exclusive negotiation right agreement. 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)? Yes, because the email represents the acknowledgment by both parties of the distribution agreement made in the meeting despite the e-mail failing to mention the word â€Å"contract.† In addition, the subject line of the email read â€Å"Strat Deal† and it explained in detail the price, time frames, and obligations. Also, as soon as Big Time Toy sent a fax to Chow requesting the draft of the contract, he faxed it to them immediately. 4. What role does the statute of frauds play in this contract? â€Å"The statute of fraud is the law governing which contracts must be in writing  in order to be enforceable† (Melvin, 2010). The role of fraud applies to this scenario. The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract. Traditionally, the statute of frauds requires a signed writing in the following circumstances. A defendant in a statute of frauds case who wishes to use the Statute as a defense must raise it in a timely manner. The burden of proving that a written contract exists only comes into play when a Statute of Frauds defense is raised by the defendant. A defendant who admits the existence of the contract in his pleadings, under oath in a deposition or affidavit, or at trial, may not use the defense under the Uniform Commercial Code (UCC), however under common law they may still use it.

A Friend’s Advice Essays

A Friend’s Advice Essays A Friend’s Advice Essay A Friend’s Advice Essay My friend told me she was buying a pre-owned car, and asked me for some advice on how to select a good one. I believe that buying a car is, next to buying a house, the most expensive purchase that one makes in life. Therefore, she must take care in choosing what she buys (Tips on Buying a Car). The first thing to be done when buying a pre-owned car is to shop around (Tips on Buying a Car). She should not buy the first car that she sees; rather, she must look around for the best deal. Every car that is being considered must be inspected, because there is a big chance of finding a â€Å"lemon,† which is a term used to refer to a used car that looks nice on the outside but consists of broken down parts on the inside (Tips on Buying a Car). She should also be good at negotiating with dealers. Dealers know well how to work the ropes in order to get the best price that would enable them to get a nice cut on the purchase price. Therefore, it is important for a buyer to research on the market prices of the cars that are being considered for purchase (Tips on Buying a Car). It is also best to shop for a car towards the end of the month, because it is the phase where dealers are being forced to meet their quotas (Tips on Buying a Car). Hence, they are more eager to make sales, rather than get a big cut by pricing too high. Finally, she should make sure that the car she is buying is secured by a warranty, so that she would have some recourse in case the car she buys turns out to be of bad condition. Therefore, it is best that she goes to a dealer because they are required by law to provide warranty on the cars they sell (Tips on Buying a Car).

Siege of Fort Stanwix in the American Revolution

Siege of Fort Stanwix in the American Revolution Siege of Fort Stanwix - Conflict Dates: The Siege of Fort Stanwix was conducted from August 2 to 22, 1777, during the American Revolution (1775-1783). Armies Commanders Americans Colonel Peter Gansevoort750 men at Fort StanwixMajor General Benedict Arnold700-1,000 men in relief force British Brigadier General Barry St. Leger1,550 men Siege of Fort Stanwix - Background: In early 1777, Major General John Burgoyne proposed a plan for defeating the American rebellion. Convinced that New England was the seat of the revolt, he proposed severing the region from the other colonies by advancing down the Lake Champlain-Hudson River corridor while a second force, led by Lieutenant Colonel Barry St. Leger, moved east from Lake Ontario and through the Mohawk Valley. Meeting at Albany, Burgoyne and St. Leger would advance down the Hudson, while General Sir William Howes army advanced north from New York City. Though approved by Colonial Secretary Lord George Germain, Howes role in the plan was never clearly defined and issues of his seniority precluded Burgoyne from issuing him orders. Siege of Fort Stanwix - St. Leger Prepares: Gathering near Montreal, St. Legers command was centered on the 8th and 34th Regiments of Foot, but also included forces of Loyalists and Hessians. To aid St. Leger in dealing with militia officers and the Native Americans, Burgoyne gave him a brevet promotion to brigadier general prior to embarking. Assessing his line of advance, St. Legers largest obstacle was Fort Stanwix located at the Oneida Carrying Place between Lake Oneida and the Mohawk River. Built during the French Indian War, it had fallen into disrepair and was believed to have a garrison of around sixty men. To deal with the fort, St. Leger brought along four light guns and four small mortars (Map). Siege of Fort Stanwix - Strengthening the Fort: In April 1777, General Philip Schuyler, commanding American forces on the northern frontier, became increasingly concerned about the threat of British and Native American attacks via the Mohawk River corridor. As a deterrent, he dispatched Colonel Peter Gansevoorts 3rd New York Regiment to Fort Stanwix. Arriving in May, Gansevoorts men began working to repair and enhance the forts defenses. Though they officially renamed the installation Fort Schuyler, its original name continued to be widely used. In early July, Gansevoort received word from friendly Oneidas that St. Leger was on the move. Concerned about his supply situation, he contacted Schuyler and requested additional ammunition and provisions. Siege of Fort Stanwix - The British Arrive: Advancing up the St. Lawrence River and onto Lake Ontario, St. Leger received word that Fort Stanwix had been reinforced and was garrisoned by around 600 men. Reaching Oswego on July 14, he worked with Indian Agent Daniel Claus and recruited around 800 Native American warriors led by Joseph Brant. These additions swelled his command to around 1,550 men. Moving west, St. Leger soon learned that the supplies Gansevoort had requested were nearing the fort. In an effort to intercept this convoy, he sent Brant ahead with around 230 men. Reaching Fort Stanwix on August 2, Brants men appeared just after elements of the 9th Massachusetts had arrived with the supplies. Remaining at Fort Stanwix, the Massachusetts troops swelled the garrison to around 750-800 men. Siege of Fort Stanwix - The Siege Begins: Assuming a position outside the fort, Brant was joined by St. Leger and the main body the next day. Though his artillery was still en route, the British commander demanded Fort Stanwixs surrender that afternoon. After this was refused by Gansevoort, St. Leger began siege operations with his regulars making camp to the north and the Native Americans and Loyalists to the south. During the first few days of the siege, the British struggled to bring their artillery up nearby Wood Creek which was blocked by trees felled by the Tryon County militia. On August 5, St. Leger was informed that an American relief column was moving towards the fort. This was largely composed of the Tryon County militia led by Brigadier General Nicholas Herkimer. Siege of Fort Stanwix - Battle of Oriskany: Responding to this new threat, St. Leger dispatched around 800 men, led by Sir John Johnson, to intercept Herkimer. This included the bulk of his European troops as well as some Native Americans. Setting an ambush near Oriskany Creek, he attacked the approaching Americans the next day. In the resulting Battle of Oriskany, both sides inflicted substantial losses on the other. Though the Americans were left holding the battlefield, they were unable to push on to Fort Stanwix. Though a British victory, it was tempered by the fact that Gansevoorts executive officer, Lieutenant Colonel Marinus Willett, led a sortie from the fort which attacked the British and Native American camps. In the course of the raid, Willetts men carried off many of the Native Americans possessions as well as captured many British documents including St. Legers plans for the campaign. Returning from Oriskany, many of the Native Americans were irate over the loss of their belongings and the casualties sustained in the fighting. Learning of Johnsons triumph, St. Leger again demanded the forts surrender but to no avail. On August 8, the British artillery finally deployed and began firing on Fort Stanwixs northern wall and northeastern bastion. Though this fire had little effect, St. Leger again requested that Gansevoort capitulate, this time threatening to turn loose the Native Americans to attack settlements in the Mohawk Valley. Responding, Willett stated, By your uniform you are British officers. Therefore let me tell you that the message you have brought is a degrading one for a British officer to send and by no means reputable for a British officer to carry. Siege of Fort Stanwix - Relief at Last: That evening, Gansevoort ordered Willett take a small party through the enemy lines to seek help. Moving through the marshes, Willett was able to escape east. Learning of the defeat at Oriskany, Schuyler resolved to send a new relief force from his army. Led by Major General Benedict Arnold, this column was composed of 700 regulars from the Continental Army. Moving west, Arnold encountered Willett before pressing on to Fort Dayton near German Flatts. Arriving on August 20, he wished to wait for additional reinforcements before proceeding. This plan was dashed when Arnold learned that St. Leger had begun entrenching in an effort to move his guns closer to Fort Stanwixs powder magazine. Unsure about proceeding without additional manpower, Arnold elected to use deception in an effort to disrupt the siege. Turning to Han Yost Schuyler, a captured Loyalist spy, Arnold offered the man his life in exchange for returning to St. Legers camp and spreading rumors about an impending attack by a large American force. To ensure Schuylers compliance, his brother was held as a hostage. Traveling to the siege lines at Fort Stanwix, Schuyler spread this tale among the already unhappy Native Americans. Word of Arnolds assault soon reached St. Leger who came to believe the American commander was advancing with 3,000 men. Holding a council of war on August 21, St. Leger found that part of his Native American contingent had already departed and that remainder was preparing to leave if he did not end the siege. Seeing little choice, the British leader broke off the siege the next day and began withdrawing back towards Lake Oneida. Siege of Fort Stanwix - Aftermath: Pressing forward, Arnolds column reached Fort Stanwix late on August 23. The next day, he ordered 500 men to pursue the retreating enemy. These reached the lake just as the last of St. Legers boats were departing. After securing the area, Arnold withdrew to rejoin Schuylers main army. Retreating back to Lake Ontario, St. Leger and his men were taunted by their erstwhile Native American allies. Seeking to rejoin Burgoyne, St. Leger and his men traveled back up the St. Lawrence and down Lake Champlain before arriving at Fort Ticonderoga in late September. While the casualties during the actual Siege of Fort Stanwix were light, the strategic consequences proved substantial. The defeat of St. Leger prevented his force from uniting with Burgoyne and disrupted the larger British plan. Continuing to push down the Hudson Valley, Burgoyne was halted and decisively defeated by American troops at the Battle of Saratoga. The turning point of the war, the triumph led to the critical Treaty of Alliance with France. Selected Sources National Park Service: Fort Stanwix National MonumentNew York State Military Museum: Fort Stanwix Revolutionary War: Siege of Fort Stanwix