Program and Policy Analysis Essay Example for Free

Program and Policy Analysis Essay A gang is a group formed by a number of people, who share a same identity either through formation, or organization. According to Charles (2003), the word gang is often associated with a negative connotation. Gang activities are wide and vary from typical organized groups that involve themselves in crimes, to a general class of certain behavior that carry out a collective action intended to attain social solidarity or cohesion, especially in cults, gangs, political parties or unions. Studies have shown that, various approaches have been applied by the government, the society, law enforcers, and even the experts in an attempt to fight with the social problems caused by various gang groups. The effort is also intended to prevent formation of gangs, to rehabilitate the gangs and punish those who engage themselves in criminal activities within the gang groups. It has been stated that, gang groups differ due to different experiences in culture which include drugs, territory and nightlife. Various Approaches to Gangs The gang culture approach. According to Shaw, McKay (2004), this approach looks at the cultural experiences of the young people as the key factor which leads to the formation of gang groups. Young people and especially the blacks have felt discriminated by the media and other social groups; hence they have a tendency to form gangs by feeling hated and stereotyped. Other factors such as the way in which policies of the local governments are set up, deprivation and racism have contributed to the rise of gangs. The supporters of this approach try to prevent such factors that contribute to formation of gangs, so as to reduce the number of young people joining various gang groups. The aggressive approach is applied by the harsh and conservative governments, who believe that force must be used in order to deal with criminals in the society. Miller (2000) posited that, such governments believe in the application of harsh laws which include the use of guns to fight criminals in the society. These governments employ a Zero-tolerance principle on criminal actions. The main aim and objective of this group is to bring criminal acts in the society to the end by doing away with any gangs that may be causing such evil in the society. The belief of the aggressive governments is that, harsh measures will instill fear to the youth and discourage them from joining gangs. The liberal approach on the other hand opposes the application and the passing of harsh laws in dealing with gangs. The liberal approach is of the view that, softer laws should be applied with the aim of rehabilitating the gang members and making them better people to live in the society. This approach advocates for the formation of rehabilitation institutions, where various criminals are kept for purposes of rehabilitation other than just applying the punishment measures. The sociological approach of deviance starts by describing and explaining gangs. This approach believes that, it is important to first understand the causes which lead to the formation of a certain gang, before measures can be put in place either for intervention or prevention of such a group. This approach therefore involves researchers to carry out an interactive interview with various groups from different cultures to find out the factors that contribute to the rise of gangs. It is after the findings that strategies and policies are put in place to deal with the problem. Conditions Under which a specific Policy may be Effective and the Requirements The liberal approach can work effectively where the government offers good support to the policy makers and the prison departments in dealing with gang members in the society. For this approach to work, there is need to put in place policies which would allow a good interaction between various gang members and the law enforcers such that, people like the police can first understand the problems which lead to the formation of such gangs so that they can know how to handle the criminals (Shaw, McKay, 2004). A proper rehabilitation center should be established where the reformed criminals can be used to assist those who are engaging in crimes to change by advising them and acting as a symbol, showing that reformation is possible. There is need for the government intervention by provision of funds and trained personnel to handle criminals. There is also need to put in place preliminary data, program performance and developed working strategies to ensure that the policy works out effectively. Assessment of a Local Policy Program One of the best programs applied locally in the U. S is the comprehensive community-wide approach to the intervention of gangs, gang prevention as well as gang suppression. Where all the required equipments and policies are availed, the conditions are suitable to deal with the problem of gangs in the society. Cohen (2005) observed that, this program has been put in place and is designed to test and implement a comprehensive and accurate model for limiting the number of young people who involve them in violence. The U. S government has contributed funds and established institutions which are used to enable this approach work among the youths in the society. The sites set for this work include the OJJDPs which is equipped with strong prospects to ensure the approach is successful, preliminary data, program performance and developed working strategies have been put in place. Other sites include the San Antonio Site, the Tuscon, Bloomington and the Mesa. The program involves the whole community in various programs where gang assessment is done, strategies are made, and consensus building is done and is a team oriented method which is used to solve social problems. Shaw, McKay (2004) stated that, the program mobilizes the community including the community groups, individual groups, citizens and various agencies, who are provided with social opportunities, economic and academic support. The intervention approach is applied here where the institutions use social intervention street workers, to interact and engage the youth gangs who often stay on the streets in various helpful activities. Gang suppression is done where informal and formal control measures of criminal justice system and juvenile procedures are carried out appropriately. In comparing this local approach with the earlier approaches analyzed out in this study, the comprehensive community-wide program has been effective, as it captures the elements discussed by other approaches, by ensuring that gang members are first of all well understood by considering the factors that contribute to the formation of such gangs and then moving ahead to tackle the problem (Cohen, 2005). The program has been effective in involving the community in various programs where gang assessment is done, strategies are made, consensus building is done, and a team oriented method is used to solve social problems. This is a successful way of ensuring that gang members and those who may intend to join various gang groups feel as part of the society and avoid engaging in any criminal acts.

Plea Bargains: Currency of The Courts Essay -- Law

â€Å"Rahim Jaffer case heads for plea-bargain†; former Alberta MP Rahim Jaffer was being charged on cocaine possession and drunk-driving charges; his case was likely to be resolved with a plea-bargain agreement (Makin, 2010). This is but one case of many that are settled though a plea-bargain agreement. Plea-bargaining can take the form of a sentence reduction, a withdrawal or stay of other charges, or, a promise not proceed on other charges, in exchange for a guilty plea by an accused. During discussion of a potential plea bargain agreement, the Crown Attorney and defence lawyer will look at 4 distinct sections of a plea negotiation: charge discussions, sentence discussions, procedural discussions, and agreements as to the facts of the offence and the narrowing of issues in order to expedite the trial ("Plea bargaining," 2011). According to the Department of Justice, approximately 90% of criminal cases are resolved each year by use of plea-bargaining (â€Å"Findlaw,† 2012). Despite what appears on its face to be rampant use of the plea agreement, plea negotiations are incredibly helpful to our court system. First, plea agreements serve to diminish the overload of cases and avoid lengthy trials, thus avoiding appeals of trial decisions and allowing greater access to the justice system. In turn, a less burdened court system can focus its efforts on the most serious of criminal offences thereby ensuring that such cases are handled in the manner with the greatest likelihood of securing a conviction. Overall, this judicial efficiency results in a cost savings and better allocation of resources. This paper will explore these two main benefits and also discuss potential criticisms of the plea bargain system. Plea-Bargaining has become... ..., 2012, from http://www.justice.gc.ca/eng/pi/icg-gci/pb4-rpc4.html Plea bargaining. (2011, February 28). Retrieved from http://www.victimsofviolence.on.ca/rev2/index.php?option=com_content&task=view&id=378&Itemid=197 Plea bargaining in canada. (2011). Retrieved from http://www.justice.gc.ca/eng/pi/rs/rep-rap/2002/rr02_5/p3.html Romaniuk, T. (n.d.). Centre for Constitutional Studies - R. v. Askov.Faculty of Law Home - University of Alberta. Retrieved April 19, 2012, from http://www.law.ualberta.ca/centres/ccs/rulings/Ask Tappscott. (2012). street directory. Retrieved from http://www.streetdirectory.com/travel_guide/14026/legal_matters/plea_bargaining_pros_and_cons.html Young, R. (2011, November 16). Cutbacks have some courts dismissing criminal cases. Here & Noe. Retrieved April 19, 2012, from http://www.hereandnow.wbur.org/2011/11/16/budget-cuts-court

Managerial Economics and Business Strategy

Dr. David J. St. Clair Managerial Economics and Business Strategy 3551 #6 Answers – Summer 2012 1. What type of evidence did Dupont introduce in its plastic wrap trial that proved decisive in its acquittal? __ It brought in cross elasticities to show that there were many substitutes for plastic wrap. It then argued that the market had to be defined to include all substitutes. This broadened the definition of the market to the point where DuPont’s market share was small. ___ 2. What had Alcoa done that made the judge find it guilty of being a monopoly? It had a market share above 90%_. Did the judge rule that Alcoa was a â€Å"dirty† firm? _ No ___ 3. Why did the verdict in the U. S. Steel antitrust case confuse everyone? __ U. S. Steel was ruled to be â€Å"reasonable† under the courts â€Å"Rule of Reason† doctrine. This was confusing because the company had a notorious reputation for price fixing and uncompetitive practices __ 4. Bill Gates took a very aggressive approach to dealing with the Justice Department in the Microsoft case even though Microsoft had an â€Å"Alcoa Problem. † What was Microsoft’s â€Å"Alcoa Problem? ___ Microsoft had a large market share approaching the 90% threshold established in the Alcoa case ___ 5. When something is illegal â€Å"per se,† what does this mean? __ The government only has to prove that you did it; motive or intent does not matter ___ 6. What was the remedy in the Standard oil and American Tobacco cases? __ divestiture (i. e. , the companies were broken up) ____ 7. What, according to Andrew Carnegie, was destructive competition? ___ excessive and ruthless competition among big firms that eliminated profits but not competitors __ 8. When we were discussing oligopoly, we referred to the two faces of oligopoly.Which face of oligopoly was Carnegie referring to in his discussion of ‘destructive competition? ’ the non-cooperative, extremely competitive r ivalry _ 9. What does the Hart-Scott-Rodino Act require? ___ pre-merger notification and approval by the Justice Department and the FTC ____ 10. What is a tying contract (or agreement)? __ a firm refuses to seel product that you want unless you also buy one of the firm’s other products ___ 11. The Sherman Act was short and sweet. It outlawed two things. Identify both: a. ___being a monopoly ______________________ b. ___trying to become a monopoly __________________________ 2. Which antitrust act made vertical market foreclosure a violation of antitrust laws? __ the Celler-Kefauver Act __ 13. What was the reason why the European Union blocked the merger of GE and Honeywell? __ It violated the EU’s â€Å"portfolio power† doctrine __ 14. What is a â€Å"soft loan? † ___a government loan that is never going to be paid back; a disguised subsidy __. Why have many American economists likened â€Å"portfolio power† to a soft loan? ___They argue that portfo lio power is a disguised protectionist policy masquerading as an antitrust policy___ 15. What was IBM’s defense in its mainframe computer antitrust case? _ It challenged the government’s narrow â€Å"large main-frame computer† definition of the relevant market ___ 16. What was DuPont convicted of in the GM case (be specific). ______ vertical market foreclosure ____ 17. What precedent did the Pabst Brewing case set? __if the market is a local, then the relevant market must be local ____ 18. What precedent did the Staples/Office Depot case set? ___the Justice Department or the FTC can disallow a merger based on the anticipated price and competitive consequences ________________ 19. What happened to U. S. antitrust policy following the E. C. Knight case? __ as a consequence of the E.C. Knight case, antitrust laws did not apply to manufacturing and there was a wave of mergers in the manufacturing sector __ 20. In the 1890s, German courts were taking a very different approach to cartels and antitrust. What did the German court rule in the pulp cartel case? __ cartel agreements were legally enforceable contracts; cartels were legal and socially beneficial ___ 21. What was Brown Shoe accused of in the Kinney Shoe antitrust case? ____ vertical market foreclosure _____ 22. What was the remedy in the Brown Shoe/Kinney Shoe Case? ____ The merger was disallowed and the two firms were separated _______ 3. What does the firm have to do in a consent decree? _ stop the offending practices without admitting guilty _. What does the Justice Department agree to do in return? ___ drops the case _ 24. Why do most firms prefer a consent decree to a trial, even when they feel that they are innocent? __ the case is quickly resolved and there is no conviction that can be used to expose the firm to civil suits seeking triple damages __ 25. Are interlocking directorates illegal per se? Yes. Is price fixing illegal per se? Yes 26. Are tying contracts illegal per se? Y es Is price discrimination illegal per se? _ No 7. How can the Justice Department and the FCC respond to a notification of merger filed under the Hart-Scott-Rodino Act? (Hint: they have three options. ) __1) approve; 2) deny; or 3) approve with conditions __ 28. English Common law became the basis for American Common Law. What dos the Common Law say about damages for parties injured by restraint of trade? ___ injured parties are can collect triple damages ____ 29. Which type of elasticity is often important in antitrust cases? _ cross elasticity __ 30. Why did the Justice Department allege that Microsoft was using a tying agreement or contract? ___The Justice Department alleged that Microsoft was tying the MS-DOS operating system to the purchase of its browser ___ 31. Bill Gates was rather arrogant and combative in dealing with the Justice Department in the Microsoft case. He seemed unaware of Microsoft’s â€Å"Alcoa problem. † What was Microsoft’s â€Å"Alcoa problem? † _________This is a duplicate question – see above____________ 32. How did IBM’s mainframe computer antitrust suit end? ___ the Justice Department dropped the case because the court was unlikely to accept its narrow definition of the relevant market ____ 33.Why was Microsoft accused of â€Å"vertical market foreclosure? † ___ Microsoft was accused of using its operation system monopoly (MS-DOS) to foreclose browser maker from the market ___ 34. Why was Nabisco giving up on its strategy of seeking to create a cracker of biscuit monopoly? __It was unable to eliminate competition, especially the competition of capitals __ 35. Why was Nabisco so open in its 1901 annual report about discussing its efforts to monopolize the cracker (biscuit) industry? __Because of the E. C. Knight Case, there were no antitrust laws in 1901 that pertained to manufacturing firms _ 6. In its 1901 annual report, Nabisco announced that it was giving up on its efforts at cre ating a cracker or biscuit monopoly. What was the company’s new strategy going to be? ____Nabisco was going to concentrate on making better products and creating a more efficient and competitive firm ___ 37. What did Liggett accuse Brown & Williamson Tobacco of doing in its law suit? (don’t simply say â€Å"of being a monopoly† or â€Å"violating antitrust laws†) ___Liggett accused Brown & Williamson of engaging in predatory pricing by selling it cigatettes at below Brown & Williams’ AVC______ 8. Under the Areeda-Turner test, predatory pricing is defined as a firm selling its product at a price ____below its average variable cost_____ 39. Was the Areeda-Turner test upheld (validated or confirmed) by the court in the Liggett vs. Brown & Williamson’s case? ___No, the Areeda-Turner test was replaced by the â€Å"recoupment test† ___ 40. What must a plaintiff (the one who files the law suit) do (show) in order to keep a predatory pricing law suit from being dismissed (thrown out even before it goes to trial) under the â€Å"recoupment test? ____The plaintiff must show that the defendant did have a reasonable chance of raising prices in the future to make up for, (that is, to recoup) its short term losses due to the low prices ___ 41. Does the recoupment test introduced in the Liggett vs. Brown & Williamson case make predatory pricing law suits more likely, less likely, or equally likely compared to the old Areeda-Turner test? ____less likely _____ 42. The courts have held that predatory pricing cases require a showing that a firm has reduced price below its costs. What is the relevant cost for this criterion? ________average Variable cost (AVC) _________ 3. Many economists have used the concept of â€Å"barriers to entry† in their criticism of predatory pricing antitrust laws. Explain their criticism. __Predatory pricing only makes sense if the firm can raise prices after using it to attain a monopoly and if it has barriers to entry that can keep new competitors out. However, if it had such barriers in the first place, it would probably not need predatory pricing. Predatory pricing does not give the firm the required barriers to entry, unless one envisions constant predatory pricing. But constant predatory pricing is nothing more than price competition. ___ 44.During the 1930s, large American cigarette companies faced competition from small cigarette companies offering new brands at 10 cents per pack. How did they meet and deal with this competition? __They resorted to predatory pricing, i. e. , they dramatically reduced their prices (in some case to below costs) in order to drive the new competitors out of the market ___ 45. Did the response of the â€Å"Big Four† tobacco companies to the challenge from the new 10-cent brands competitors in the early 1930s work? Why or why not? _the Four Majors were unable to drive out two competitors created by the 10-cent brand episode.They h ad a 91 percent market share before the episode and only a 69 percent market share after. Two formidable competitors emerged and the Big Four became the Big Six__ 46. What was the verdict in the 10-cent brands cigarette case? _____the major cigarette companies were found guilty of violating the antitrust laws______ 47. Was predatory pricing the government’s primary allegation against the majors in the 10-cent brands cigarette price wars? If not, what was the primary complaint? _the court focused primarily on the collusion among the majors to fix prices__ 48.What was the court’s remedy in the 10-cent brands cigarette case? ___the court fined the guilty parties and restricted their ability to communicate and work together ____ 49. Why do most economists argue that antitrust laws prohibiting predatory pricing are actually anti-competitive? ____ Most economists argue that antitrust laws prohibiting predatory pricing are actually anti-competitive because any firm that lower s it's prices to compete against it's market competitors are susceptible to being charged with predatory pricing, even when no such intent probably exists.Furthermore, filing an antitrust lawsuit related to predatory pricing is often abused and a convenient way for businesses to compete with their competitors without matching their competitors price cutting especially since antitrust laws concerning predatory pricing are sometimes difficult to distinguish from predatory pricing, market competition, and competitive business practices. __ 50. Suppose there are five (5) firms in an industry with the following market shares: 15%, 20%, 2%. 45%, and 18%. What is the Herfindahl Index for this industry? _______2,978_______. According to the 1992 Horizontal Merger Guidelines, how would this industry be classified? ___It would be classified as a ‘highly concentrated’ market. _____ 51. Ceteris paribus, would a merger that raised the Herfindahl index from 1900 to 1941 be likely to trigger interest by antitrust regulators? Why or why not? ____No, because while this market would be classified as ‘highly concentrated,’ the merger does not raise the HHI by more than 50 points and will therefore not trigger the interest of regulators. ___ 52. Ceteris paribus, would a merger that raised the Herfindahl index from 750 to 985 be likely to trigger interest by antitrust regulators? Why or why not? ___No, because a market with a Herfindahl Index below 1,000 is considered to be ‘unconcentrated’ and mergers in unconcentrated markets are unlikely to be challenged by regulators. _____ 53. Tying contracts are illegal per se under American antitrust laws. However, enforcing their illegal per se status has proven to be very difficult.What is the problem here? ___While tying contracts are illegal per se under antitrust law, there seems to be no way of getting around some tying during the course of routine business, e. g. , left shoes tied to right shoes , etc. This therefore introduces the element of intent and competitive consequences; two features that are not supposed to figure into illegal per se allegations. Currently, this problem is most pronounced in the practice of ‘bundling’ in high tech markets. ____ 54.In the YouTube video on Monopoly, what did Milton Friedman think was the primary cause of longer-lasting monopolies? ____government market restrictions ___________ 55. In the YouTube video on Monopoly, what did Milton Friedman think was the very best policy for dealing with monopolies and market power? ____free trade or measures to make trade more free and open _______ 56. In the YouTube video on Monopoly, Milton Friedman never mentioned or discussed Smith’s Formula. However, based on his comments, what do think his position would have been on our 200-year old question? __Friedman would definitely argue that markets had, if government leaves them alone, sufficient competition to make Smith’s For mula society’s primary line of defense against monopoly abuse. __ 57. What happened when Coca-Cola tried to introduce its new soft drink Peppo in the late 1960s? ____Dr Pepper sued for trademark infringement and Coka Cola had to change the name of the product to ‘Mr Pibb’. _____ 58. How did the FTC end up defining the relevant market in Coca Cola’s proposed acquisition of Dr Pepper? _The FTC took a very narrow view and defined the relevant market as the ‘pepper-flavored soft drink market’ __. How did the FTC rule on the proposed acquisition? __The FTC denied the request for merger approval. __ 59. Both the FTC and Coca Cola introduced Herfindahl Indexes in support of their positions in the proposed acquisition of Dr Pepper. What was the critical point on which the proposed merger was decided? ____The definition or scope of the relevant market ____

Important Aspects of Contract for Business - Free Essay Example

Sample details Pages: 10 Words: 2996 Downloads: 7 Date added: 2017/06/26 Category Business Essay Type Case study Level High school Did you like this example? Aspects of Contract and Negligence for Business Contents Introduction: Task 1 1.1 Explanation of Importance of elements required for forming a valid contract: 1.2 Discussion on Impact of different types of contract: 1.3 Terms of contract with reference to their meaning and effect: Task 2 2.1 Application of the elements of a contract in different business situations: 2.2 Application of Law on terms in different contracts: 2.3 Evaluation of the effect of different terms in contracts: Task 3 3.1 Contrast liability in tort with contractual liability: 3.2 Nature of Liability of negligence: 3.3 Vicarious Liability in a Business: Task 4 4.1 Application of tort of negligence and defenses in different business situations: 4.2 Application of the elements of vicarious liability in different business situations: Conclusion: References: . Don’t waste time! Our writers will create an original "Important Aspects of Contract for Business" essay for you Create order Introduction: Contract and negligence are two of the most important components of business law needed to build and execute relationship with different parties. A business is always in need of creating and maintaining relationship with internal and external parties for making sales products and services to the customers, appointing employees for organization or purchasing saleable products and manufacturing materials from suppliers. So it is usually thought that a business following terms and elements of contract law can become efficiently successful so as to build secured and good relationship with availing deserving rights. Negligence is a common issue faced in the business during operation. Harms or damages caused by negligence can be brought under a frame to negotiate claims of parties involved. Victims facing harms because of negligence of one party are entitled to make claim on the loss due to harms or damages by showing relevance to elements and terms of negligence. Task 1 1.1 Explanation of Importance of elements required for forming a valid contract: A contract to be valid needs to have some elements. Absence of those elements makes a contract invalid due to its significance between the parties of contract. Following elements are considered as essential ones: Legal relation motive: Parties having involvement in the contract should have legalized intention for making contract. Illegal intention of any party can turn a contract into an invalid one. Offer: Offer is intention of doing something. Unconditional acceptance of the offer by other person in the contract is essential. Acceptance: Offer made by a party must be accepted by the other party to whom the offer is made. Acceptance of offer can be in oral or in writing preferring the convenient one. Consideration: Defined in terms of contract law, consideration is detriment of a person making the promise or benefit generated for other party of the contract. Both types of consideration should be measured in economic. Capacity: people not reaching the age of 18 and not mentally ordered are not entitled to form contract and be party of contract. Expressed or implied terms of a contract: Generally, the parties of a contract should have the agreement on the terms of contract. Contracts with terms which are not expressly mentioned in contract are called implied contract. Genuine consent of Parties: There canà ¢Ã¢â€š ¬Ã¢â€ž ¢t be any kind of forces physically or mentally on any party of the contract in making the formation of contract. They will freely show the consent to contract. Discharge of contract: A contract with validity can be discharged by the ways of mutual agreement, contractual partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ performance and breach of frustration. 1.2 Discussion on Impact of different types of contract: Different types of contract have different extent of impact on the terms, objectives and parties of a contract. Types contract with impact on parties of contract have been discussed below: Written contracts: A written contract are formally signed by parties in written description with maintaining the assumption that all terms of agreement among contract parties are mentioned in the contract document without regarding verbal agreement (Wilson Huhn, 2002). These terms of the contract must easily be understood by them when present to them. There is also an assumption that terms of contract have been read and agreed to. Verbal contracts: Stronger level of trust among the parties is required in this contract and it canà ¢Ã¢â€š ¬Ã¢â€ž ¢t be used as proof against any written contract. Verbal agreement support following ways: 1. Conduct other party both before and after the agreement, 2. Specific actions of the other party, 3. Past dealings with the other party. Bu t in following its impact may not be positive: 1. The value of transaction is remarkably high, 2. The presentation of a substantial document may raise more questions and uncertainty in the mind of parties (Eliott and Quinn, 2011). Executed contract: Executed contract is such a contract in which both parties of the contract have completed their specified obligations and responsibilities maintaining terms of the contract. This sort of contract is easier to form and transparent to perform undoubtedly. Executor contract: When parties of the contract are still to perform their own obligations and duties, it is called executor contract. This contract remains incomplete because of not performing some of its obligations by any or both of the parties. Parties of the contract need to have proper assumption over future incidents. 1.3 Terms of contract with reference to their meaning and effect: Following terms are used in the formation of contract and these terms have different meaning and extent of effect on contract: Circumstances: Circumstances are the indication that is essential to assume the discussion with the assigned deal. A dislocate associated with station may capacitate detriment result. Expressed contract: When parties of contract mention terms of the contract either in verbal or in written during the formation of the contract, it is called expressed contract. A definite written or oral offer is made with the expectation of acceptance in a manner that explicitly expresses consent to the terms. Implied contract: Although contracts implied in fact and in law are known as implied contracts, a real implied contract consists of some obligations which arise from mutual agreement and intention of making promise without expressing it in words. A contract in implied nature depends on substances for its existence (Lunney and Oilphant, 2010) . So, an implied contract requires the act or conduct of a party before coming it into effect. Therefore, a contract with implied terms is not expressed by the parties but rather suggested from facts and circumstance referring to a mutual agreement. Task 2 2.1 Application of the elements of a contract in different business situations: Law contract provides the guidance to make the agreement and to make compensation if agreement is violated by any parties. With following business scenarios, application of the elements of contract has been discussed: Scenario 1 It was really a matter of disappointment for Miss Kaur not finding fountain pen available coming back to the antique as shop assistant Harry had made the promise of selling the pen to any other customer willing to buy it before her return. Moreover, to return to that antique shop she had to bear additional travel expenditure. They made the contract with offer and acceptance and this contract has been discharged on making a mutual agreement. Shop assistant should have informed Miss Kaur before selling the pen to another customer. Therefore, from view point of contract law, she can utilize the option of taking legal actions against the shop for claiming her travel expenditure used to return to the shop. Scenario 2 To make renovations to the buildi ng of Charles, Murphy made a contract which was modified to increase the amount of renovation fee despite an unexpected argument between them. But Charles did not the pay increased amount to Murphy as per modified contract putting an argument that it was over the original contractual price. In such situation, Murphy has the option of showing the writings which were used to increase the price of renovation and agreement sent by Charles. Additionally, the witness of modified contract can be asked to be present to enforce Charles to fulfill the promise for making extra payment. Murphy is legally supported to sue against Charles for receiving that additional payment through following terms and elements of contract properly. Scenario 3 At the time of starting career as self employed builder, Mia kept tow requests of his brother and his friend with the condition of fixing and getting payment from them. But after getting service from Mia, both of them showed reluctance to make paymen t the agreed money with showing an excuse that they took the service of Mia for making getting the scope of gaining more experience on related job. As the contract was formed verbally, there was the risk of such sorts of avoidance. As he had congenial relationship with both of them due to be his friend and brother, he did think of making a written contract for security. Mia can force these two service receivers to make full payment through reminding description of contract formation and can search witness for the legality of claiming payments. 2.2 Application of Law on terms in different contracts: Elements and terms of UK contract do not have difference from that of general contract. As a standard form contract, a business deal between transporting companies, LSA Logistics Ltd. made a contract with a manufacturing company to distribute its products with following expressed and implied terms: Expressed terms: Charging  £250 per day for a single vehicle Transport Company will carry its products Five days in a week. Additional per day beyond selected days will be charged at  £300. LSA Logistics will distribute only the products of that company etc. Implied terms: LSA Logistics will follow allowed time for distributing manufacturerà ¢Ã¢â€š ¬Ã¢â€ž ¢s products. LSA Logistics will not carry any illegal products. LSA will not carry beyond standard weight in its vehicle. LSA Logistics will distribute products in agreed areas etc. Both of the parties signed on a document in this contract supporting exclusion clauses. Maintaining relevance to this term, LSA searched the way of breach of contract as the manufacturer was not fulfilling the elements and terms of contract. Manufacturer was forcing LSA to carry products beyond specified and standard weight and distributing products specified limit. Among different types of exclusion clauses, LSA followed true exclusion clause to breach the contract by firstly recognizing it and making excusing liability for this breach. This is a standard contract which has been breached following the agreed exclusion clause. 2.3 Evaluation of the effect of different terms in contracts: Scenario 4 X and Y made a written contract which contained some expressed terms. As Miss Y agreed to take dress smartly always during staying at office and not to wear trousers under any circumstances, she was supposed to wear dress smartly on 1st and 2nd June. Moreover, as research assistant Miss Y will work not considering hours to complete necessary tasks or assignments. But she has not been to complete the task within given time. For violating those mentioned terms, X became angry and upset and also got humiliated. For such sorts of depression, she had to take medical treatment. From this scenario, it is reflected that violation of terms of contract can lead to unexpected consequences to any party of the contract. Task 3 3.1 Contrast liability in tort with contractual liability: Both of the liabilities are on the basis for failure to observe a duty imposed by law. One of them is by agreement and the other one is by duty of acting and performing in a reasonable manner. A contract is formed by making agreement to be entered into by two or more parties. if one of the involved party fails to perform regarding contract terms, then that party is thought to incur contractual liability (K.L. Hall, 1989),. This kind of liability is created if two or more than parties intend few things to each other. When default on the agreement is happened by any of the parties that is termed as breach of contract. Tort is a common mistake arising due to the failure of one party in performing oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to have acted in reasonable manner so that no harms happen to others. Tort is termed as breach of some duties independent of contract which gives rise to a civil contract. Although most of the torts happening in the breach of contract are negligence but few o thers are intentional. (Clarke, 2010) defined that tortuous liability arises due to the breach of a duty primarily determined by law; such duty should be to person and its breach can be recognized by the action for making compensation. Few differences between contract and tort are given below: A tort is usually consent but a contract is founded on the consent of parties. Privities are essential in tort but it is important implied in contract. A arises from violation in performing responsibility but a breach of contract happens through infringement of a right. Motive is considered with giving special emphasis in tort but it does relevance to the breach of contract. 3.2 Nature of Liability of negligence: Negligence in liability is defined as the failure to exercise the level of care for ensuring safety of another and this level of care a person would reasonably exercise under normal circumstances. This area of tort law known as negligence involves harms which is caused due to carelessness of a party. According to Jay M. Feinman (2010), the negligence concept requires people exercising care when they act by taking potential harm into account that they might cause harm to other people. But laws of intentional torts allow an applicant to sue for the harm or loss caused by defendants either in accident or in careless. For that reason, tort of negligence is defined as a failure to behave with level of care that someone of ordinary prudence would have exercised under the identical situation (Schrader, 1987). 3.3 Vicarious Liability in a Business: Vicarious liability arises from a situation when one party becomes responsible due to unlawful actions of a third party. Moreover, the liable party also becomes responsible for his own share of liability. The liability comes into existence if one party has the possibility to become responsible for a third party and does show willingness to carry out the respective responsibility and exercising control (Eliott and Quinn, 2011). A Vicarious liability can happen in a business in following way: Unlawful and outlawed actions such as harassment or discrimination in workplace of an employee make his employer liable. Even though employer himself did not have involvement in committing unlawful action, he carries the liability as he is considered to take the responsibility to prevent or limit any kind of unlawful actions performed by its employees. In this case, the employer is assumed to have the capacity to avoid vicarious liability with taking proper exercise so as to prevent such u nlawful behavior. Task 4 4.1 Application of tort of negligence and defenses in different business situations: Scenario 5 Causing damage to the wharf by oil spilling from UK ship in Sydney harbor makes it legitimate to sue against chatters of the ship. For the possibility of facing such damage, taking required safety measures signals that there was the proximate cause in the event of this accident. Besides, the ship did not exercise reasonable standard care during taking oil from harbor. Again, in the tort of negligence, there must be actual injury to the party who sued. For this reason, fire from spilled oil on water caused damage wharf. So, owners of wharf should take action of suing against chatters of ship by following requires procedures and terms. Scenario 6 Bell who was serving in vehicle maintenance by Shell lost sight of good eye due to flowing chip metal into his eye. Though the risk of losing sight of eye was little but protective measures should have been taken. Unfortunately, the duty of protection was not followed here. Carefulness by Shell in maintaining reasonable c are was not standard enough and this has leaded to blinding bell. 4.2 Application of the elements of vicarious liability in different business situations: Alf employed as warden in Safe Care Home Ltd was accused of sexual abusing boys made a matter of disappointment for this company. As he was employed by that company, any kind of outlawed actions by Alf should have been countered by his employer. Though Safe Care Home Ltd proceeded to take advice on this issue as whether this company is vicariously liable for the torts, but trial of sue will go against this company for not verifying Alfà ¢Ã¢â€š ¬Ã¢â€ž ¢s manner and ethics. Mr. Khan sued against AB and Song Garage Ltd and its employee, Amos Bridge for disrespect and being hit by attendant Amos. AB and Sons Garage ltd has been liable vicariously in this case for the unlawful actions in its working place though it didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t directly engaged in this actions. Being a customer, Mr. Khan logically expected good manner from attendant but situation and manner was unexpectedly opposite. So in this case sued by Mr. Khan, AB and Sons Garage Ltd can be considered as vicariously liable for attendant Amos. Conclusion: Contract along with its aspects have been described in the study. As the important aspects of contract, elements and terms of contracts are encompassed with making required explanation. Moreover, to clarify on contract, its different types have been discussed by bringing their definition and impact on the formation and execution of contract. For gaining proper understanding, several business scenarios have been answered with explanation and relevant advice. Negligence is an important issue of contract law and this issue arises from context of liability due to causing harm to any party of business. For suggestion to the victims of harm generated from negligence, the given business scenarios have been solved. References: Elliott C., Quinn F., (2011), Contract Law, London, Longman Richards P., 2011, Law of Contract. Lunney M., Oliphant K., (2010) Tort Law: Text and Materials Fourth Edition, New York: Oxford University Press. Clarke P., (2010) A Straightforward Guide To Contract Law, Brighton: Straightforward Elliott C., Quinn F., (2011), Contract Law, London, Longman Richards P., 2011, Law of Contract, Poole J., (2003); Casebook on Contract Law Sixth edition, Oxford: Oxford University Press. Wilson Huhn (2002), 5 Types of Legal Argument, Mumbai University. D. Schrader (1987), à ¢Ã¢â€š ¬Ã‹Å"The Corporation and Profitsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 6 Journal of Business Ethics. K.L. Hall (1989), The Magic Mirror : Law in American History, New York, OUP.