Essay on Tesco Csr Responsibilities - 2160 Words

Part One: Identify the three most important CSR issues that the company faces and explain why each is relevant for the firm. In order to identify these issues, you should read not only corporate reports and the company’s website, but also media reports and any research papers that offer commentary on both the company’s activities and its significant social and environmental impacts. Part Two: Critically evaluate the nature and degree of the company’s responsibilities in relation to each issue. To do so, arguments should explicitly draw upon the theories outlined in class – e.g. the various ethical theories, institutional and stakeholder theories. For each issue, you may draw upon a variety of theories – i.e. present a†¦show more content†¦This accumulation of undeveloped sites if developed, â€Å"could raise Tescos market share from around 30% at the moment to a competition-stifling 45%.† (Anon 2007) The 1000+ Tesco Expresses and numerous suburban Superstores popping up throughout the nation not only drive up land prices for local retailers and create ghost towns but also give a degree of monopolistic power. An economic NEF report reveals that over the past twenty years local shops including butchers and greengrocers â€Å"have been going out of business in the UK at the rate of 50 a week† suggesting that Tesco Express stores have help to cause a drop in business of 30-40% from independent retailers (Oram et al 2003). This has resulted in many planning objections from local residents forcing Tesco to become involved in costly public enquiries and planning appeals. With many taking a sinister view of these land banks, future growth in the UK may well be stifled highlighting the relevance for Tesco in appeasing locals and governments especially in light of past Competition Commission investigations. 2._________________________________ i) Honest disclosure of source and quality of food Tesco accepts fault for this issue in that they were negligent in choosing suppliers (Tesco 2013) and by offering public apologies online and in the media, suggests recognition of their responsibility to society. Tesco have an enormous level of selling power with consumers having little or no say in foodShow MoreRelatedThe Researcher Will Use A Wide Range Of Secondary Research1294 Words   |  6 Pagesof definitions of Corporate Social Responsibility (CSR). According to Business for Social Responsibility, ‘CSR is defined as achieving commercial success in ways that honor values and respect people, communities and the natural environment.’ Alternatively, CSR has been described as ‘an action by a firm, which the firm chooses to take, that substantially affects an identifiable social stakeholder’s welfare.’ Osie-Kwame, S (July 2015). Corporate Social Responsibility refers to business practices involvingRead MoreThe Role Of Corporate Social Responsibility On Csr1666 Words   |  7 Pagesenvironmental responsibility have been greatly increasing.According to Girod and Michael (2003,cited in Jones etal,2007 ) CSR is ‘a key tool to create, develop and sustain differentiated brand names. The importance and eminence of Corporate Social Responsibility (CSR) across the business world started to increase during 1998-2007. Role conflicts often arise when competing demands like business goals and social goals are in question. The increase in the sense of social responsibility,stakeholder pressuresRead MoreTesco and The Horsemeat Scandal1413 Words   |  6 PagesIntroduction This essay attempts to critically evaluate Tesco with regards to the Horsemeat Scandal. The aim is to critically asses this event through the application of theories and readings. A brief background on how the scandal arose will be provided. Key question that must be asked are did Tesco misbehave at all? And if they did, how could they have been able to justify their actions to themselves? According to Cooper and Owen (2007) accountability is a somewhat unclear term. This is not becauseRead MoreCorporate Social Responsibility : Csr1292 Words   |  6 PagesSocial Responsibility (CSR) has become imperative on business convention nowadays. CSR can be defined as the way that firms manage the business processes to generate a positive influence on society (Baker, 2004). The term CSR was appeared in the 1950s, but until 1989, Ben and Jerry’s was the first company which truly publish a social responsibility report (Coles, 2012). In recent years, numerous organizations evaluate firms on their CSR performance since the society is concerned about the CSR rankingRead MoreCritical Evaluate the Effects of Corporate Social Responsibility Activities on Financial Performance in Uk Retailing Industry?2378 Words   |  10 Pagescorporate social responsibility activities on financial performance in UK retailing industry? Contents: Introduction 3 Corporate social responsibility UK supermarkets 5 CSR behavior of UK supermarkets 5 - Environment 5 - Community 6 - Marketplace 6 - Workplace 7 The effect of CSR investment on financial performance of major supermarkets in UK 7 ï ¼ Explanations of figure 1-3 8 Case study: The effect of corporate social responsibility on financialRead MoreCorporate Social Responsibility ( Csr ) Is Becoming An Ever Increasing Part Of Business Strategy1966 Words   |  8 PagesCorporate Social Responsibility(CSR) is becoming an ever increasing part of business strategy. CSR is an ethical decision made by organisations which looks to make a positive impact on society, to the economy and the environment. This essay will look at TESCO s use of CSR and assess whether they use it genuinely for the improvement of society or uses it as another means to increase profitability. I will be looking at three of Tesco s KPI s; relation with supplier, retention of customers and colleaguesRead MoreTesco Strategic Options948 Words   |  4 PagesTesco Strategic Options Expansion Tesco has already established in UK, Europe, Asia and USA and has 6531 stores globally. Tesco continues to open into further new markets in order to increase its market share and market growth. Diversification This is a most risky strategy as organisation enters into new market where it has no information available or less experience. The risk could be failure of acceptance of products by consumers not making enough sales. Tesco has diversified its marketRead MoreEvaluate the Relative Importance of Corporate Social Responsibility Relative to Other Corporate Objective947 Words   |  4 PagesQ2) â€Å"Evaluate the relative importance of corporate social responsibility relative to other corporate objective† (40 Marks) Corporate social responsibility (CSR) is a firm’s decision to accept responsibility for its social, environmental and ethical actions. A firm’s decisions whether to adopt and rank importance to CSR should be due to a variety of reasons, like the financial stability of the company aswell as the culture of the organisation. But one definitive factor would be a firm’s corporateRead MoreThe Organization Of Choice For Research : Tesco Plc2262 Words   |  10 PagesCRITICAL EVALUATION OF CSR WITH RESPECT TO TESCO PLC The organization of choice for research: Tesco PLC. REFLECTIVE LEARNING REPORT Let’s start with a detailed examination of the title itself: Corporate Social Responsibility â€Å"CSR†. The name pertains to the responsibility corporations carry towards the society due to their unique position of prominence in the daily lives of common man. Corporations are formed with a feature that characterizes their very foundations which is people’s stake in theRead MoreHe Corporate Social Responsibility : Tesco Study Case3615 Words   |  15 PagesCorporate Social Responsibility CRS in terms of marketing strategy and competitive advantage. Propose: This present paper tries to enhance the different views about CSR, in the global vision of all the stakeholders, in the particular context of retailing. We will treat the interest for a company to deal with responsible actions and activities, and the main breaks found by certain authors. The subject is treated in relation with marketing strategies and tries to persuade the readers that CSR is a good

English Final - 1503 Words

Kaitlyn Simpson W0436017 Dr. Gibson English 231-04 Archaic Lore in â€Å"The Horse Dealer’s Daughter† and â€Å"The Dead† Intro: Id texts and subject. Thesis: D.H. Lawerence and James Joyce use archaic lore in their stories â€Å"The Horse Dealers Daughter†, and â€Å"The Dead†. Storytakes place in English midlands, four sibling late 20’s sittng around family home. -- D. H. Lawrence’s stories have the sense that they’re ritualistic; his rough home life. He had a God awful dysfunctional family. His mom and dad were polar opposites which caused them to Fight battle through the kids. In early 20’s he got ill, and diagnosis 100 years ago tuberculosis. It was incurable then. . He knew he was dying therefore he decided he wouldn’t waste what he had. He†¦show more content†¦He restores her to health. She looks into his face and really see’s him, Dr Ferguson. This is when Lawrence lets the audience know that the Dr. felt like her power, or chakra, was going in him and vice versa. He was feeling an energy. He didn’t have the power to leave her and the story states that its like she had some of his power in her hands. She asks does this mean you love me. Her ying is activating his yang.)(pp.2595- 2600) Another archetypal symbol is baptism, and clothing which was defined as your identity or new identity. An example of this is when Lawrence states the doctor goes upstairs looking for clothing. He put some blue collar working man clothes on which is symbolic for becoming a man. She changes into some elegant black dress and is looking beautiful. These both symbolizes a new identity. Almost as if they had saved each other. One of Lawrence’s favorite myths is that of Persephone, Demeter, and Dis. In some of Lawrence’s stories involving this famous Greek myth, the main characters reflect, or even channel the characters and events from the ancient myth itself, frequently giving the story a strange dark depth and a ritualistic feel—as if the modern characters themselves are unconsciously playing out ancient archetypes within their own psyches. Persephone is daughter of Demeter (god of agriculture) Oone day she is gathering flowers. Pluto (underworld) abducts her, keeping her from her mother. Her mother thenShow MoreRelatedEnglish 1101 Final Exam1464 Words   |  6 Pagesï » ¿English 1101 Final Exam DUE FRIDAY AUGUST 9, 2013 PLEASE SUBMIT AS A .doc, .docx, or .rtf file. 200 points. Directions:   Answer  each question  in a paragraph—be sure to give specific details and examples.   Remember that each of these questions has multiple parts to it.   You must type your responses out and hand it to me by the end of our class period. 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Outsourcing in Hospitality Industry-Free-Samples for Students

Question: Write a report on Advantages and Disadvantages of Outsourcing in Hospitality Industry. Answer: Introduction Outsourcing can be defined as the practice in which the company performs tasks or manufactures products for another organization. Such business practice is usually applied in an organization to reduce cost or improve efficiency. The hospitality industry requires expertise in different disciplines. The outsourcing strategy provides an opportunity to carry on tasks more efficiently and effectively. The organizations may choose outsourcing strategy for lower operations and labour costs. The hotels usually outsource revenue collection, IT and other such services that are back office. However, in the new models adopted by hotels, they are also outsourcing catering to the external suppliers. This strategy places goodwill in the hands of third parties. It is crucial to monitor the extent of nature of business risk while outsourcing as it helps improve the company focus. They have technology and staff who are hundred percent dedicated to one type of work only and do that day in and day out. Outsourcing helps share the risks with a partner company. Outsourcing allows organizations to focus on their core business and can create a competitive advantage by reducing operational costs. One of the significant disadvantages of the hospitality industry is that the organization loses control. Usually, when the organizations have in-house services, there is full control over the quality of services. The guests visit the hotel to enjoy the experience for which the staffs need to be well-trained. Due to outsourcing, the hotels have absolutely no control over the employees. Advantages of Outsourcing in Hospitality Industry Outsourcing is the process or exercise of getting a specific done from outside the company. It is usually done to reduce fixed costs, time being invested and other resources of the company and to let experts take care of the task (Dolgui Proth, 2013). Hospitality itself comprises of basic sectors such as tourism, cruise, hotels, malls etc. Further, in each of the sectors or businesses there are variety of services which are provided to their customers. Being hospitality, the companies have to make sure that each service provided by them is of the highest possible quality which shall match with the standards set by each company to be delivered to their customers. As it is, there are a variety of fixed costs that every business in hospitality business has to incur such as capital expenses of setting the business which is usually very high, the rent to be paid, the salaries of the staff, and the various specialists they need to hire for specialized jobs such as cooking, cleaning, secur ity, management, etc (Espino-Rodrguez Lai, 2014). Also it is very difficult for a business to have all the experts on its board of management. Thus it becomes essential for the business in hospitality industry to outsource some of the jobs which require high level of specialization and may not be of recurring nature (Schniederjans, Schniederjans Schniederjans, 2015). By outsourcing, hotels and other hospitality businesses can save a huge amount. By outsourcing a business shifts his job to another. Thus any investment relating to that job shall be done by the company the work has been outsourced to. This saves the fixed costs, operational cost and also salaries to be paid to get that job done. All the expenses are born by the other company. The cost which has been saved at one particular service can be invested in other crucial areas as well. For instance, a hotel wants to start a laundry facility in its premises, it can easily outsource this job to some company specializing in this job. The laundry company would already have the set up installed to carry out this job and thus the only cost the hotel would have to bare is of getting the job done (Hiamey Amenumey, 2013). Outsourcing would also help maintain the competitive advantage over the competitors. This is also true for small businesses that do not have much budget and in-house skill and technology to provide latest services. By outsourcing tasks which the company cannot invest on, the company can still expand its operations and facilities by paying regular prices. The money saved here can then go on further expansion. This will also ensure that the company is able to maintain a competitive edge over others in the same level of business (Lahiri, 2015). For instance, many small hotels outsource their kitchen services to caterers specializing in this job. This gives the caterer more business and the hotel can offer its customers good food and beverages. By outsourcing to specialty businesses, the company can deliver better quality of products and services to its customers. These businesses specialize in the work or job they offer to do for the companies. They have technology and staff who are hundred percent dedicated to one type of work only and do that day in and day out. Thus it gives them specialization in a particular task. It is thus beneficial for the companies to get their job done by such expert and excel in the quality of services provided to their customers. Many hotels have spas run by specialist in their own premises. These spas provide world class facilities and services to the customers and the hotel gets the appreciation for the service provided by the company to which the work is being outsourced to (Leeman Reynolds, 2012). Outsourcing can also help increase the overall efficiency of the company. It is difficult for any company to do all the things by itself. When a company outsources, it reduces some of its work load and transfers it to some other company. With the reduced workload and existing work force, the company can do the limited work with greater efficiency. When the responsibility is well distributed and everybody is doing what they do better, the chances of getting better results are increased (Sukru Cetinkaya, Ergul Uysal, 2014). Every hospitality business requires a large number of mid-management and floor level employees. Thus, the salary being given to them is also huge. There are certain jobs for which the staff requirement is temporary or of occasional nature. For instance, during weddings and high-end conferences the hotel would require more security as well as service staff. Outsourcing the same would help the hotel with reducing cost and effort of hiring such temporary staff. Also it would be spared from keeping records, verifying the staffs identity and other such functions. The outsourcing firm would provide the hotel with trained and verified staff who would be working on the firms payroll (Taplin, 2012). When the hotel or cruise or any other such hospitality business has outsourced its functions and services, it get easier for them to plan expansion. They can start new projects easily with the help of outsourcing firms they are already in business with. It would help their business to branch out as well as to open new departments and services in the same premises. Like, outsourcing a particular cuisine, a hotel can provide specialized culinary experience to its customers and gain goodwill and publicity for the same (Yang, Wacker Sheu, 2012). It is also true that each organization has limited amount of funds and also limited managerial skills and time. So it is always essential to concentrate primarily on the core function of the business. Usually, getting that right takes up most of the time and efforts of the managers. By outsourcing, the management can put in their hundred percent efforts in taking care and improving the core function of the business (Boella Goss-Turner, 2013). Also in case, the service being outsourced to one of the outsourcing firms is not satisfactory, it is easy to terminate the contract with the outsourcing firm as per the terms set while signing one. The service can then be transferred to another outsourcing firm without much losses and difficulties (Butler Callahan, 2014). Further, when an organization invests in something, it also takes up certain risk involved with that investment. While certain risks are inevitable, outsourcing helps the business reduce their amount of risks. Nothing in the world is permanent. A business which is doing very good today may face certain setbacks tomorrow. If the business is carrying out all the services on its own, then it has invested a lot of money in form of fixed costs, operational costs, and the cost of maintenance and also on employee trainings. If due to some reason, a particular service or the entire business needs to be brought down, the losses faced by the organization would be very huge. However, if the services are outsourced to another firm, the organization can very easily withdraw the service contract after a period of time. Also if the entire company is to be brought down, the losses incurred would be lesser (Carnahan Somaya, 2013). Disadvantages of Outsourcing in Hospitality Industry In hospitality industry, guests enjoy the services provided by the hoteliers and other similar organizations. This is what differentiates the business from its competitors in hospitality industry. These services are created and delivered at the same time and place. Thus it becomes very difficult to separate the service provider from their services. In such scenario, it can become difficult for the management to let go the control on quality of the services to someone else. The companies need to be very cautious about the outsourcing company they select. The employees of these companies directly communicate and deal with the customers. The management would have no control over the outsourced employees (Zhang, Joglekar Verma, 2012). Every hospitality firm has their unique way of operating which differentiates them from their competitors. These are usually evolved as the result of better competitive strategy developed by the firm. The outsourcing company on the other hand may have different strategy which might be difficult to align with the firms strategy. To overcome this disadvantage, good communication between the two companies is very essential. With effective and continuous communication flow, the companies can keep track of their improved alignment. Miscommunication can prove to be a major setback to both of the firms. For instance, if a hotel has its values and vision based on that of the country it has started in, its operations would also be influenced by the same. If this hotel outsource to a company which belongs to a country having opposite values and follows the same, it might lead to clashes in the way the two companies operate. In such a case proper communication may help in bringing the two on sa me platform and align each others way of working in order to work together effectively (Gustavo, 2013). When a company outsources its important management functions to some other company, there is always certain degree of scepticism with regard to its security. While outsourcing important functions such as recruitment or hotel security, the company needs to provide the outsourcing company with certain data of the company so that the function can be performed effectively. In such cases, if the outsourcing firm indulges in fraudulent activities and leak the confidential data to the rival companies, it can prove to be very harmful for the company. For instance, if a shopping complex outsources the accounting function to some other firm and that firm leaks the important information regarding pricing, leasing policies etc to the competitor, the competitor would adopt better policies and would succeed in attracting all successful brands which would improve its business (Tjader et al, 2014). Usually while outsourcing, the companies keep in mind the quality of the service that would be delivered to the customers by the outsourcing company. However, there is a risk of degradation of quality which would be out of the hospitality companys control. If the service level of the outsourcing firm does not match that of the hospitality firm at any given point, it would lead to loss of business and might lead to permanent damage to the goodwill of the firm with respect to the particular service. in such industries, word of mouth is a great factor influencing the business of the firm. One bad experience can lead to loss of many existing and potential customers. Similarly another issue with outsourcing is making sure the service is delivered on time, to the customer and to the organization both. In case the outsourcing firm does not value timely and accurate deliveries and is very casual in its approach towards the job, it becomes problematic situation for the company to ensure that the service quality is maintained at all the times. For instance, if a cruise outsources its buying function to some other company, and the products are not delivered on time, it can lead to delay in starting the sail and the guests would become irritated waiting because of such an unprofessional reason and attitude. However, the cruise would get the bad name and not the outsourcing firm (Kandampully, Mok Sparks, 2013). One cannot always trust the people one has not employed. When a company employees people, they undergo certain identity verifications. These people are also trained by the company and thus can be trusted more than a new joiner or some other person. When a function is outsourced to some other company, usually the staff of that company shall work in the hospitality company. This sometimes leads to threat of security. It is difficult to trust people especially in case of luxury setups, where each merchandise and guest holds a huge value. For instance, A grand wedding is being organized at a cruise and the waiters have been outsourced from some other company. In such event, if any waiter indulges in theft then the companys name would be at stake. An outsourcing company is usually dealing with at least a few more companies. If the outsourcing company fails to provide a dedicated team of management and workers to the hospitality company, it can lead to generalization and confusion amongst the employees. Lack of complete focus towards the hospitality company would lead to lower standards of service being delivered and cause losses to the company. A change in outsourcing firm would lead to a change in the hospitality firm as well. If there is any kind of change, especially at the managerial level in the outsourcing firm, the outsourced company might have very difficult time managing with those changes. With the change in companys management, the rule and regulations of the company can also change. There can also be a situation of conflict between the management of the two firms. This might lead to dissolving the existing contract between the two. In such case, finding new outsourcing firm or finding people in the company to perform that function might lead to increase in cost and consume lots of time (Belcourt, 2013). With the change in time, the market trends also change. This shall lead to change in demand patterns of the customers as well. Changes are inevitable in any industry. Hospitality industry is also changing rapidly. Thus if a company has signed a contract with outsourcing company then the contract needs to have certain level of flexibility to accommodate certain changes according to the market requirement. Rigid contracts can prove to be a bad decision for the outsourced firm. To overcome this, the outsourced firm needs to take care of this aspect of contract before signing it. In certain cases, there can also be some hidden costs in the contract. Usually, outsourcing is a cost effective exercise. But in such case, it can prove to be a costly affair for the company. In worst possible scenarios, the outsourcing company can go out of business. This can happen due to variety of reasons. The competition has increased many folds in recent times. The company can go bankrupt due to fraudulent activities or insufficient business. The hospitality company might have to suffer loss because of such bankruptcy of outsourcing firm. In such case, the hospitality firm would have to look for a new company which would again lead to the increase in costs and loss of clientele for the time it does not provide the particular service. Conclusion Conclusively, the hotels are implementing outsourcing strategies. The outsourcing strategy provides an opportunity to carry on tasks more efficiently and effectively. Outsourcing helps share the risks with a partner company. Outsourcing allows organizations to focus on their core business and can create a competitive advantage by reducing operational costs. Hospitality itself comprises of basic sectors such as tourism, cruise, hotels, malls etc. As it is, there are a variety of fixed costs that every business in hospitality business has to incur such as capital expenses of setting the business which is usually very high, the rent to be paid, the salaries of the staff, and the various specialists they need to hire for specialized jobs such as cooking, cleaning, security, management, etc. All the expenses are born by the other company. The cost which has been saved at one particular service can be invested in other crucial areas as well. For instance, a hotel wants to start a laundry f acility in its premises, it can easily outsource this job to some company specializing in this job. By outsourcing tasks which the company cannot invest on, the company can still expand its operations and facilities by paying regular prices. The money saved here can then go on further expansion. References Belcourt, M. (2013). Outsourcing The benefits and the risks. Human Resource Management Review, 16(2), 269-279. https://dx.doi.org/10.1016/j.hrmr.2006.03.011 Boella, M., Goss-Turner, S. (2013). Human resource management in the hospitality industry (9th ed.). London: Routledge. Butler, M., Callahan, C. (2014). Human resource outsourcing: Market and operating performance effects of administrative HR functions. Journal Of Business Research, 67(2), 218-224. https://dx.doi.org/10.1016/j.jbusres.2012.09.026 Carnahan, S., Somaya, D. (2013). Alumni Effects and Relational Advantage: The Impact on Outsourcing When a Buyer Hires Employees from a Supplier's Competitors. Academy Of Management Journal, 56(6), 1578-1600. https://dx.doi.org/10.5465/amj.2011.0089 Dolgui, A., Proth, J. (2013). Outsourcing: definitions and analysis. International Journal Of Production Research, 51(23-24), 6769-6777. https://dx.doi.org/10.1080/00207543.2013.855338 Espino-Rodrguez, T., Lai, P. (2014). Activity outsourcing and competitive strategy in the hotel industry. The moderator role of asset specificity. International Journal Of Hospitality Management, 42, 9-19. https://dx.doi.org/10.1016/j.ijhm.2014.06.005 Gustavo, N. (2013). Marketing Management Trends in Tourism and Hospitality Industry: Facing the 21st Century Environment. International Journal Of Marketing Studies, 5(3). https://dx.doi.org/10.5539/ijms.v5n3p13 Hiamey, S., Amenumey, E. (2013). Exploring service outsourcing in 35 Star hotels in the Accra Metropolis of Ghana. Tourism Management Perspectives, 8, 9-17. https://dx.doi.org/10.1016/j.tmp.2013.05.004 Kandampully, J., Mok, C., Sparks, B. (2013). Service quality management in hospitality, tourism, and leisure. Lahiri, S. (2015). Does Outsourcing Really Improve Firm Performance? Empirical Evidence and Research Agenda. International Journal Of Management Reviews, 18(4), 464-497. https://dx.doi.org/10.1111/ijmr.12075 Leeman, D., Reynolds, D. (2012). Trust and outsourcing: Do perceptions of trust influence the retention of outsourcing providers in the hospitality industry?. International Journal Of Hospitality Management, 31(2), 601-608. https://dx.doi.org/10.1016/j.ijhm.2011.08.006 Schniederjans, M., Schniederjans, A., Schniederjans, D. (2015). Outsourcing and insourcing in an international context. London: Routledge. Sukru Cetinkaya, A., Ergul, M., Uysal, M. (2014). Quality of relationship on information technology outsourcing for organizational success in hospitality industry. Journal Of Hospitality And Tourism Technology, 5(3), 229-244. https://dx.doi.org/10.1108/jhtt-07-2014-0027 Taplin, R. (2012). Outsourcing and human resource management. London: Routledge. Tjader, Y., May, J., Shang, J., Vargas, L., Gao, N. (2014). Firm-level outsourcing decision making: A balanced scorecard-based analytic network process model. International Journal Of Production Economics, 147, 614-623. https://dx.doi.org/10.1016/j.ijpe.2013.04.017 Yang, C., Wacker, J., Sheu, C. (2012). What makes outsourcing effective? A transaction-cost economics analysis. International Journal Of Production Research, 50(16), 4462-4476. https://dx.doi.org/10.1080/00207543.2011.600345 Zhang, J., Joglekar, N., Verma, R. (2012). Pushing the frontier of sustainable service operations management. Journal Of Service Management, 23(3), 377-399. https://dx.doi.org/10.1108/09564231211248462

Law Cheat Sheet free essay sample

Notes Intention – SOCIAL OR DOMESTIC- do not intend to create legal relations. Balfour v Balfour (1912) Categories of rebuttal – The nature of the document (if drafted by solicitor) Agreement may expressly state legal relations Surrounding Circumstance may indicate intention Merritt v Merritt (1970) -Significant reliance on promise- consequences are sufficiently serious. Wakeling v Ripley (1951) COMMERCIAL NATURE- do intend to create legal relations. Edwards v Skyways (1964) Rebutted- Rose Frank Co v JR Crompton Bros Ltd (1925) Letters of Comfort- State of current intentions for the future. Provide Comfort, not assurance. (Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad [1981] Agreement- has been a valid offer and that it has been accepted. Manifestation by 2 or more persons to the substance of the contract. Would a reasonable person think an agreement had been entered. Can be shown by conduct. Does not have to be express words â€Å"I accept your offer† Offer: 1. Offers must be distinguished from an invitation to treat or request for information. We will write a custom essay sample on Law Cheat Sheet or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page – Intention to make offer- Carlill v Carbolic Smoke Balls Co. (1893) * Display of goods- Invitation to Treat. Pharmaceutical Society v Boots Cash Chemists. Request for info does not create offer- Harvey v Facey [1893] 2. Offers must be communicated to the person or persons for whom it was intended. 3. Offer can be made to particular person, persons or whole world. – smoke balls case. 4. Offers may terminate- Revocation- Dickinson v Dodds Revocation must be communicated. * Rejection: Offeree says no. * Counter-offer: offeree makes counter offer. Rejects original offer. Hyde v Wrench [1840] * Lapse of Time- specified time, or reasonable lapse. Ramsgate Victoria Hotel Co Ltd v Montefiore [1866] * Lapse by Death- Carter v Hyde Lapse by Failure of Condition: condition must happen before agreement becomes contract. Acceptance: 1. Acceptance must be in reliance on offer. R v Clarke (1927)- Tried to claim reward 2. Acceptance must be communicated- Silence is not acceptance. Fe lthouse v Bindley (1862) Postal Acceptance Rule: where acceptance by post is contemplated, acceptance occurs when letter is posted. Adams v Lindsell (1818) Communication of Acceptance- time an electronic communication is received is the time it enters an information system designated by the addressee to receive the info. If none has been designated, the time is when it comes to addressee’s attention. 3. Acceptance with condition is not acceptance. Masters v Cameron. 4. Acceptance cannot be revoked- cannot change mind after accepting, unless offeror agrees to release from contract. CONSIDERATION No consideration means it’s a gift. Consideration cannot be vague, illegal or impossible. White v Bluett (1853) son promised to stop being a spoilt brat to his father. Consideration must move from the promisee, must do something in return for promise. When acts are performed at the promisors request before any promise of payment is made a contract can exist if there was an implied understanding that complying with the request would be ultimately paid for. -â€Å"Past consideration is no consideration†, may be future or present, but not past. Roscorla v Thomas [1842] Consideration must be sufficient, adequacy is subjective and for parties to decide. Chappell Co Ltd v Nestle Co Ltd [1960] Performing an existing duty is not sufficient consideration. If already legally obliged to do something, it cannot be offered as consideration. Stilk v Myric [1809] crew members of boat. Part Payment of Debt- not sufficient consideration unless something else is provided. Pinnel’s case. â€Å"payment of a lesser sum on the day in satisfaction of a greater, cannot be satisfaction for the whole, because it appears to the judges that by no possibility a lesser sum can be satisfaction to the plaintiff for a greater sum† Part payment is acceptable if- something else is provided. – if paid before the debt is due. if paid in a different place or currency- if paid by a third party. Hirachand Punamchand v Temple [1911] GENUINE CONSENT If intention, agreement and consideration are present- prima facie contract. Following will invalidate consent: Misrepresentation, Mistake, Unconscionability. 2 outcomes for a contract that lacks consent- Void contract: contract does not exist. Voidable Contract: innocent party has right to terminate. Misrepresentation- is a false statement that induces a contract. 3 categories- Innocent: cancel contract. Negligent: cancel contract damages available. Fraudulent: Cancel contract damages in deceit. Whittington v Sean-Hayne (1900) chook farmers- Innocent misrep. Derry v Peek (1889) fraudulent misrep. Mistakes- Common: Leaf v International Galleries. Mutual: Reasonable person. Raffles v Wichelhaus (1864) Unilateral Mistake: Mistaken Identity- Boulton v Jones (1857) Nature of document- Petelin v Cullen (1975) One party, from within a limited class of people, signs a document which is fundamentally different to what they thought they were signing. UNCONSCIONABLE CONDUCT LAW- one party is at special disadvantage and the other takes unconscientious advantage of it. Commercial Bank of Australia Ltd v Amadio [1983] bank loan. Special disadvantage- drunkness, sickness, illiteracy etc. Unconscientious advantage- stronger party taking advantage. Love- Louth v Diprose. TERMS- determine whether term or representation. What would a reasonable person believe to be the parties’ intention in regard to the statement. Objective factors- Time lapse. Did statement maker indicate own efforts to verify accuracy. Importance of truth of statement. Special Skills? Was oral statement followed by written document that does not include statement. Dick Bentley Productions Ltd v Harold Smith Motors Ltd – car mileage. To determine if a statement is a term of contract- 1. Is the statement a term or representation? 2. If it is a term, is it admissible as part of the contract? 3. If it is admissible is it a condition or warranty? Misrep and exclusion clause etc. If asked for advice on ANY terms look at implied terms aswell. Parole Evidence Rule: For a contract wholly in writing, other evidence is not allowed to add to, vary or contradict the written document. Whole document not whole of agreement. It operates to exlude any addition evidence that would alter the written document. -Van Den Esschert v Chappell [1960]- white ants in house, was part of contract. Collateral Contract is one where the consideration provided for the collateral promise to enter the main contrac- Del Lassalle v Guildford [1901]. Drains in working order, was not true. To be enforced, must be promissory. (JJ Savage and Sons Pty Ltd v Blakney). Collateral promise must not be inconsistent with main contract. (Hoyt’s Pty Ltd v Spencer) Condition: essential term of the contract. Innocent party has option of termination. Associated Newspapers Ltd v Bancks (1951)- Ginger Meggs. Warranty: non-essential term that only allow for damages, contract remains valid. Bettini v Gye [1876] Opera singer. Collateral promise is always a warranty. Implied Terms: By The Courts- Term must be reasonable and equitable. necessary to give business efficacy to the contract so no term will be implied if the contract is efficient without it. -so obvious that it goes without saying. –capable of clear express. –must not contradict any express terms of the contract. Bournemouth Boscombe Athletic FC v Manchester United. EXCLUSION CLAUSES- 1. The exclusion clause must be incorporated into part of the contract. 2. Must be interpreted to be wide enough to cover the legal breach. 3. The nature and extent must not have been misrepresented to the innocent party. (Curtis v Chemical Dry Cleaning Co) 4. Cannot exclude certain statutes. -Signature Rule- L’ Estrange v Graucob Ltd [1934] Terms in a signed document will be part of the contract, regardless of whether they have been read. If no signed document go through reasonable notice factors: 1. Reasonable steps must be taken to bring the clause to the attention of the party. Causer v Browne [1952]. –did not take reasonable steps. Thompson v London, Midland Scottish Railway Co [1930]. Railway took reasonable steps. 2. Notice must be before the contract is concluded. Olley v Marlborough Court Ltd [1949]- was not given notice. Thornton v Shoe Lane Parking Ltd [1971] was given notice. . If Reasonable notice was not given, has the term been incorporated by prior dealings. Balmain New Ferry Co Ltd v Robertson. Had prior dealings. CLAUSE INTERPRETAT ION Contra Proferentum- states that a strict construction will be applied against the person seeking to rely on the clause. Any ambiguity will be read in favour of the injured party. White v John Warick Co Ltd [1953]. Bought bike that broke. Was not liable under contract but was under negligence. 4 Corners Rule: states that only breaches within the normal operation of the contract are covered by the exclusion clause. City of Sydney Council v West (1956). Car was stolen by taking customers parking ticket. Exclusion clause could not be implied. Where the nature of extent of the clause is misrepresented, the clause is not effective, even when signed. Curtis v Chemical Cleaning Dyeing Co company was liable. Clause cannot exclude some sections of TPA. REMEDIES- Termination : Right to terminate arises when a condition has been breached. Damages: place the injured party, so far as money can, in the same position as if the contract had been performed. Specific Performance: court ordering the party who breached the contract to carry out their contractual obligations, unavailable if damages is an adequate remedy. Injunction: court order that prohibits a party either from doing an act, continuing to do an act or repeating an act. IMPLIED TERMS UNDER STATUTE. It is an implied condition that the seller has title to goods, and therefore the right to sell them (TPA s69) Can recover from someone you sells you stolen goods as don’t have title. S68 states implied terms in TPA can not be excluded by agreement. DESCRIPTION- Where goods are sold by description buyer relies on seller’s description) it is an implied condition that the goods will correspond with their description (TPA s70) Varley v Whipp [1900] – Second hand reaper with more miles than described. Ashington Piggeries Ltd v Christopher Hill Ltd [1972] Mink food, mink died but still mink food. MERCHENTABLE QUALITY- implied condition that the goods will be of a m erchantable quality (TPA s 71) FITNESS FOR PURPOSE- a buyer explicitly or impliedly makes known their purpose for a particular product, and the seller’s judgment is relied on, there is an implied condition that the goods are reasonably fit for their purpose. TPA s17) SERVICES- is an implied warranty that services will be rendered with due care and skill and any materials supplied in connection with that service will be fit for purpose (TPA s74) Take action against manufacturer. –s74B- Fitness for Purpose. –s74C Correspondence with description. S74D Merchantable Quality. S74 E- Sale by sample. S74F must ensure there is a reasonable availability of repair facilities and spare parts. S74G Failing to comply with an express warranty about the goods. If retailer is sued, could seek indemnity from manufacturer if the problem is their fault. (s74H) Manufacturers and importers liable for -defective products- means that the safey of the product is not to the level that generally expected. (S75AC) Manufacturers are liable for defective goods that cause injury (s75AD), to third parties (s75AE), to personal/household domestic goods (s75AF) and to land/buildings (s75AG). Misleading or deceptive conduct- TPAs52 a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive, or is like to mislead or deceive. Disclaimers and fine print- should be prominent enough to form part of the audience’s overall impression of the advertisement. Remedies- court may order damages under s82 or injunction under s80 Unconscionable Conduct- TPAs51AA – a corporation must not, in trade or commerce, engage in conduct that is unconscionable within the meaning of the unwritten law, from time to time, of the States and Territories. Does not apply if covered by s51AC unconscionable conduct in business transactions. Company must not be unfair when it makes deals with any person or non publicly listed company. S51AB- supply of goods or services to consumers. Are the terms or the contract reasonably necessary to protect the legitimate interests of the corporation? Any undue influence, pressure or unfair tactics were used. ACCC v Lux Pty Ltd . TORTS Negligence- Test: The def. owes a duty of care to the pl. – The def. breaches that duty. – The breach causes recognized damage to the pl. – The def. has no defences. 1. Duty of Care- Occupirers owe a duty of care to invited visitors. (Australian Safeway Stores v Zalunza) Donoghue v Stevenson [1932] snail in drink. Prove duty of care- precedent eg. Doctor/patient, solicitor/client, teacher/student, parent/ child, land/entrants. Manufacturers owe a duty of care to consumers. Neighbour principle. Hackshaw v Shaw (1984)- occupier/entrant, farmer that shot at car. Did owe duty of care. If novel case- Reasonable Foreseeability- would a reasonable person have foreseen that the pl. may suffer harm as a result of def. actions. Chapman v Hearse – car overturned, doctor died trying to help. Duty was owed. Hay v Young [1943] pl. tried to sue cyclist who ran into tram. Was not reasonably foreseeable that she would be injured from this. Salient Features- Vulnerability of the pl. (can they protect themselves from harm? Perre v Apand Pty Ltd (1999) * what level of control over the situation does the def. have? 2. Breach of Duty- A person must show the standard of care of a reasonable person in the circumstances. No breach unless- 1. The risk was foreseeable (section 9(1)(a). 2. The risk was not insignificant (section 9(1)(b). 3. A reasonable person in the position of the def. would have taken the precautions against the risk of harm (section 9(1)(c) The court c onsiders these factors (section 9(2)- The probability that the harm would occur if care were not taken. – The likely seriousness of harm. The burden of taking precautions to avoid the risk of harm. – the social utility of the activity that creates the risk of harm. Professionals have a higher standard of care. 3. Damage- Causation- CLA s11. 1) the breach of duty was a necessary condition of the occurrence of the harm (factual causation) 2) It is appropriate for the scope of liability of the person in breach to extend to the harm so caused (scope of liability) – specific damage must be foreseeable. The Wagon Mound (no1) Novus Actus Interveniens- something not foreseeable happens that breaks the chain of causation. Yates v Jones (1990) 4. Defences- 2 defences to negligence- Voluntary assumption of risk. – Contributory Negligence. Voluntary assumption of risk- complete defence. (Insurance Commissioner v Joyce) Must prove the pl. was fully aware of the specific risk. And- freely consented to it. CLA ss13-19- obvious risk. Ie. A risk that would have been obvious to a reasonable person in the position of the pl. Includes risks that have low chance of occurring. Does not include the risk that the defendant has not properly maintained something. s13) S14- a person is presumed to be aware of an obvious risk unless they can prove otherwise. Contributory Negligence- The plaintiff was negligent in looking after their own interests. CLA S23 states that the same factors apply to the pl. as for the normal standard of care in s9 for the defendant. . S47 creates a presumption of CN if a person is injured while intoxicated (damages are reduced by 25%) and s48 creates a presumption of CN if a person was injured while relying on the skill of someone known to be intoxicated. (Joslyn v Berryman) VICARIOUS LIABILITY – person is liable for another’s negligence. Employee/ employer relationship. Test: Does the employer have the right to exercise control over not only what the employee does but also the manner in which the employee does it. (Hollis v Vabu Pty Ltd (2001)) – bicycle courier who knocked someone over. In the course of employment: employee acts in the course of employment when performing tasks that he or she was employed to do or are related to employment. Century Insurance v Northern Ireland Road Transport Board petrol tanker exploded after dude lit a cigarette. Not liable for actions unrelated to employment. Deatons Pty Ltd v Flew (1949) NEGLIGENT MISSATEMENT – can be sought whether there has been a contract or not. L Shaddock Associates Pty Ltd v Parramatta City Council (1981) road widening. How to establish duty of care- is it reasonably foreseeable that a failure to take care could cause the type of harm (pure economic loss) to the type of defendant? Salient Features- Reasonable reliance- special skills of the advisor. –how was the advice given. – length of relationship between parties. whether a reasonable person would rely solely on the advice. Assumption of Responsibility- did the advisor hold themselves out as an expert? –did the advisor encourage reliance? This proves duty of care was owed. Still need to go through Breach (s9), Causation( s11) , Defences (ss 13, 14, 23, 47, 48). LIABILITY TO 3RD PARTIES. – the advisor must know or ought to reasonably know that the info given would be communicated to the specific third party, and – the advice would be very likely to lead that third party to enter into a transaction.