Sports Counsil Assignment Example | Topics and Well Written Essays - 2500 words

Sports Counsil - Assignment Example Furthermore, it argued that it had revoked its offer after the swim had started on 7th July 2011 and sent boats after the swimmers to make it clear to the swimmers that there will not be any prize. They argued that they had used loudspeakers. But, Jennifer said she never heard any announcement particularly due to the bathing cap covering her ears and she was focused on her swimming only. Issue The problem is that Jennifer had accepted the offer made by Sports Council and joined the swimmers in the race. She reached the shore first and was entitled to a prize. However, Sports Council has refused to pay her the promised prize. Questions Related to the Case The following questions arise here that requires critical analysis and legal backup to reach to the advice for Jennifer: Q1. What laws are applicable to Jennifer vs. Sports Council case? Q2. Was the offer made by Sports Council an offer or an invitation to treat? Q3. Was Jennifer’s acceptance of the offer properly communicated to Sports Council? Q4. Is intention to create legal relations integral to creating a valid enforceable contract? Q5. Was there any contract between Jennifer and Sports Council? Q6. Was it a unilateral or bilateral contract? Q7. Was there any consideration? Q8. Was the revocation of the offer valid? Q9. Is Sports Council liable to pay the prize to Jennifer and any other damages in the instance of refusal to pay the prize? Q10. Does UK law provides any remedies to Jennifer in terms of a legal action against Sports Council? Flow of Discussion in the Paper This paper will address the above mentioned questions through the critical analysis of the four alternative grounds relied upon to refuse payment of prize money to Jennifer. The analysis will aim to evaluate each of the alternative ground in the light of United Kingdom’s Contract Law to reach to the conclusion whether these grounds are valid and have any force of law. The conclusion will help in determining the legal position of Jennifer and lay down the future course of action to claim the prize money. Analysis of the Alternative Grounds Relied upon by Sports Council a) The newspaper advertisement was not an offer but a mere puff and there was no intention to create legal relations. Paul Richard has defined offer as â€Å"an expression of a willingness to contract on certain terms made with the intention that a binding agreement will exist once the offer is accepted†1. The first step to formation of a contract is an offer. The offer is made between an offeror and offeree. The offeror shows or expresses a willingness to enter into a contract on certain and definite terms which will come into force and become binding as soon as they have been accepted by the offeree who has been addressed. However, the term â€Å"expression† refer to numerous forms of communicating to the offeree like newspaper, letter or email. It also includes a conduct of an offeror to an offeree that communicates to the latter due to which the offeree is willing to contract with the offeror. The expression can only be objective and not a subjective one. The courts conduct a test to determine whether there was an offer which was accepted to determine whether an agreement existed between both parties. In the leading British case Smith v Hughes (1871) LR 6 QB 597, the court held that: "If, whatever a man's real intention may be, he so conducts himself that a reasonable

Netflix case study Essay Example | Topics and Well Written Essays - 1000 words

Netflix case study - Essay Example Netflix is facing stiff competition from other players such as You Tube, Video on Demand and iTunes that offer cheaper and reliable movie products (Thompson 138). A key success factor in the future movie industry is the ability to control and dominate the various movie distribution channels such as the Apple iPhone distribution channels, internet distribution channels and rental channels. The ease of access, pricing and size of content library are key success factors in the new movie rental industry since customers require convenience and wide-variety of entertainment content. Netflix should invest in proprietary software that will allow the customer easy-of-use and recommend movies depending on prior customer streaming or search terms on the movie library (Thompson 142). The success of Netflix will require the company to manage its costs in order to reduce the rental business costs and continue focusing on technology to deliver the movies to the customers. According to 2012 survey, many consumers asserted that unlimited internet streaming offered better customer value than pay-per view option. Long-term partnerships with electronic manufacturers will improve the market reach and enable Netflix acquire new customers in its streaming option business (Thompson 144). Netflix is facing the threat of pirated streaming library and stiff competition from more innovative movie rental providers such as Apple’s iTunes, Blockbuster, Amazon Instant video and You Tube. (Thompson 142).

Site visit report

Site visit report [1]Site Visit Report During the site visit, I have been introduced to a numbers of scaffolds that include suspended, aluminum, mobile and etc. that are currently commonly found on construction site or factory. As stipulated under the Factories (Scaffolds) Regulations, a scaffold is any temporary structure on and from which a person performs work in any factory, construction site or shipyard or; which enables a person to obtain access to work at that location or which enables materials to be taken to any place at which such work is performed. I have observed quite a few areas of the erected scaffolds that will lead to potential hazards to the workers getting injured by working on it and in worst case might lead to scaffold collapsing. Hazard (1) Scaffold leg was sitting on red brick, uneven ground, soft soil and different height and sizes of plank was use as base support. First of all, red brick is not strong enough to take the load of the scaffold. When worker start working on the scaffold, the increase load will just cause the red brick to give way cause the scaffold to collapse. 2nd, the uneven ground and the non-uniform block which the scaffold is erected on will definitely cause the weight distribution to be concentrate more on a side than the other. In the case where the scaffold is raise higher, the whole structure might start to sway and might just topple off the ground. Control measure Sole plate of the same height and good strength is being used. It provides better base foundation for soil and ground condition that is not that good. For event when the ground selected for erecting a scaffold has to be done on a uneven ground, Adjustable base plate are being use to cater for the height different, this will ensure that the weight of the scaffold are being evenly distributed among the legs. Base plate should be made of metal so as to carry the strength to hold the standards in it. Things to note that is that the base plate should not be placed protruding out of the sole plate cause the load will not be evenly spread on the sole board. Approved scaffold contractor should be around when the scaffold are being erected as under the FACTORIES (SCAFFOLDS) REGULATION, it is the duty of them to ensure the[2]requirement are being carried out. We can also increase scaffold stability by tying it to a supported structure. Hazard (2) The working platforms are also a problem cause some of it are seen with just a single timber plank or metal decking, Firstly timber planks were observed to have crack around it, a sign it might give way when excessive load is exerted on it. Metal decking also show sign of corrosion. Due to the lack of decking or planks, the working platform become having limited space to work or walk, which might led to worker falling down. Even for platform that are closely deck or plank, materials, debris and tools were notice to been place on it as a convenient way for the workers to work and storage their thing they might need for few task to prevent walking up and down the scaffold. Sometime more than the allowable workers were working on the same bay. All this is just creating more chances for worker to trip and fall, due to the item lying on the platform and also worker have lesser space to work around. It also cause the load and weight exerted on the platform to increase which mos t properly will exceed the amount of load that the platforms are able to hold. Decking or planks are also observed to just being laid over without being secure so it has the tendency to topple. The plank and metal decking consist of different thickness and length which create mismatch along the side of the decking or plank, which will cause the worker to trip. Control measure Metal decking and timber planks are used according to the same thickness and length to ensure the platform being laid will be flushed. In the event where it need to be overlay to the other, the overlapping area should be beveled or chamfer so that it wont be at right angle to avoid tripping by the workers. Metal decking with locking device and anti-skid surface are used to firmly secure the platform to the scaffold to prevent any tipping or uplift during usage, it also lower the chances of workers skidding happened at the platform. The Housekeeping shall be carried out regularly to clear off any debris (i.e. building material, concrete etc) waste, left on the platform to ensure safer walking or working. This process is a must based on factories regulation 13 so as to reduce the hazard of working in it and additional unwanted loads is being [3]reduced. Inspection have to be carried out on the platform periodically, so that plank that [4]have start to warp or crack and metal decking that have start to corrode or stiffener that are wearing out will be removed and replaced with a new one. In the event of repairing the damage scaffold, no one shall be allowed to on it except for the approving contractor who is carrying out the task. The numbers of worker working at any one time are restricted so as to prevent exceeding the working load limit. Not more than 3 workers with tools and materials should be allowed on the platform at any one time, also the platform should be at least be 500mm width so as to create the footing space under mom regulation. Hazard (3) No ladder or stair was installed in the scaffold, which indicated no proper mean of access to the higher level or travel to another scaffold. Workers will just climb the frame of the scaffold as the mean to get to the upper level or another scaffold. This will induce a potential case of workers falling off from it as there are no protections or anything to secure them. Control measure Ladder and stair are installed for scaffold erected above 2 meters. It is also built in a way that it does not run from the bottom to the top in great height as worker will mostly falls with fatal injury, instead it is level by level. It is also built within the scaffold. When stair and ladder are available, it provide a safe and easy mean of traveling up and down, thus reduce the intention of workers climbing as a mean of traveling between the scaffold. It should be installed on a firm base that is level ground Under Regulation (17), MOM makes it a must to have ladder or stair installed for scaffold but it should never be use on a bay to gain extra height. If the access bay is part of the working platform, a trap door is to be provided. Strict controls are to be implemented to ensure the trap door remains closed while working from the platform according COP 2009 AU. Hazard (4) Scaffold platform was not built with toe-guard and guard rail and the side are being exposed to open area. Worker working on the platform have a increased chance of falling off the platform. Tools, material and debris that are placed on the platform are likely to fell down the platform due to worker will just kick over it. Workers working or walking around the bottom of the scaffold area might get injured. [5]Control measure Toe guard are built at the sides of the platform to prevent item on the platform to fall down to the[6] ground. It should be built right from the bottom and no opening so as prevent even small object to fell through it. The height should not be too low as thing will still topple off it. The standard requirement is toe guard should not be less than 90mm in height. Guardrails are installed to prevent worker from falling off from the platform when stretching out to work. Guard rail height should not be less than a meter from the platform cause installing too low would not serve the purpose of minimizing worker from falling and Minimum of 2 guardrails is to be installed on any platform with opening above 2meter according to regulation 18. Hazard (5) Some scaffold come with tag to declare it serviceability to use but some did not have tag available attached to it. So one could not tell whether it is safe for using or not. Some tags only indicate with a tick or a cross. Even if we want to check when the scaffold will be repaired or whether the serviceable tag is still valid, there is no information on the company or the approved scaffold contractor/supervisor to follow up with. Some part of the scaffold was found to be tampered. Control Measure Ensuring that every scaffold must have a tag marked clearly attached at the designated entry point so every workers using can see it clearly before using. There should be detail like the company name and the supervisor who carried out the inspection to promote ownership in the site. Contact number should also be included to cater for any issue regarding the scaffold. It also good to include the date the last inspection was done and the next inspection due date. In case that the supervisor forgot to come and inspect, worker can base on the information at the tag to determine whether the scaffold can still be use for working. Usually at site consist of workers from different country, so if able to display in a language or signboard that are easily understood would be helpful to them and thus reduced unwanted assumption. There should also be at least one designated access onto the scaffold. Lastly to add on, the ensuring of approve scaffold supervisor after every inspec tion immediately place a notice on the scaffold to certified whether it safe to be use should be enforced. Regular inspection can also identify unauthorise tampering of the component of the scaffold. [7]Hazards (6) Scaffold erectors were working without any protective gear or safety harness. Some of them wore unsuitable PPE (incorrect size of gloves, boot, helmet etc.).This will affect their griping strength their ankle protection. In this situation, they become more prone to get into accident or suffer more serious injuries when thing were to strike them. Control measure Safety boot should be provided to prevent tools or material dropping on the workers leg and also it also can act as a protection for it ankle and anti slip surface against slippery area. Helmet should be worn to prevent object falling from the above to hit the head directly. Glove can protect from burns and chemicals. When working on scaffold from 2 meter height and above, erectors should always equip themselves with safety harness with shock absorber. With the hook, the erector will able to secure them to the structure of the scaffold to prevent them from falling down. In the case where the worker fall down the platform, he would be held by the harness which will prevent him from hitting the ground and the shock absorber will minimize the chances of them injuring their spine due to the impact of the fall. Correct sizing and the appropriate type of PPE related to their work area must be issue to the workers. Hazards (7) Overlay and screening net was not secure tightly and the anchored point are tied to the scaffold. In the event of strong wind and rain, it would not serve as a protection for the workers in the building. There are also chances that it will be blown away. If it dislodged and fly out of the site, it may cause injury to the passer-by. The dragging effect of unsecured netting will cause the scaffold to experience more stress and load to it. Scaffolds might collapse as a result. Some areas of the netting are torn with holes. Debris will be able to through the net and hit the people below and more dust will be exposed out to the environment. Counter measures The net or overlay shall be tied the building structure, the top of the building structure is preferred as a anchored point. As the structure of scaffold are not designed strong enough to hold this extra load. Building structure provides better strength to counter to the wind and rain and also able to withstand load on them. Secured netting also serves to enclose the scaffold when it properly tied. Damage screening net should be [8]repaired whenever reported by workers. Netting shall be installed as close to the scaffolds as possible for the maximum effect. It should only be installed and maintains by a qualified persons. If the area always experience strong wind, more tied point shall be imposed to strengthen and secure it. It a must to fit netting or overlay for any external scaffold under MOM regulation. Hazards (8) Scaffold consist of various components which are not from the same manufacturer. Although it might look compatible to use, but often the material strength, sizes will differ. Due to different manufacturer have their own design, having different manufacturer components will usually lead installation difficulties. Forcing to install it will lead to increase wear of the component, loading capacity might be reduced. For e.g. mixing of aluminum and steel component, by using a couple which is made of steel will tend to crush the aluminum component as their strength is different. It will cause the structure to be weakened. Counter measured Always try to buy the whole set of component from the same manufacturer as their own design will often created for easy installation and able to provide the adequate strength as promised. In the event of the need to use different manufacturer component, A Professional Engineer should certified that the sizes, fixing device are compatible and most important it does not lessen the strength, stability, rigidity or suitability of the scaffold under COP 2009.au From here I end my report, the below website or file is where I took reference from www.mom.gov.sg , www.gov.pe.ca/law/regulations/pdf/O01-01-2.pdf, app.wshc.gov.sg/cms/Portals/0/Technical Advisory for Scaffolds.pdf, COP 2009 AU.

what is a man :: essays research papers

Title of essay: â€Å"What is a man?†: an investigation of this question by Levi and Buchner. Works compared: If This Is a Man and Woyzeck. Introduction In the introduction to my essay, I will mention that Primo says a man is someone who kills, creates or suffers injustice, and that it is not the model of thinking man to wait for his neighbour to die in order to take his piece of bread. I.  Ã‚  Ã‚  Ã‚  Ã‚  It is man who kills Examples will include the passage from If This Is a Man in which a prisoner is killed in front of all the other prisoners in the camp because he took part in a revolt (this occurs in Chapter 16, page 155). Another passage that will be used is when Primo arrives at the camp for the first time and all the women, children, and old men are â€Å"swallowed up by the night† (this occurs in Chapter 1). Another example will be that of the killing of Marie by Woyzeck in scene XXII. II.  Ã‚  Ã‚  Ã‚  Ã‚  It is man who creates injustice Examples will include the passage from If This Is a Man in which we find out that there is a dripping tap in the bedrooms of the camp, but that the water is undrinkable (this occurs in Chapter 2). Another example that is found in Chapter 2 is that there is two inches of cold water on the floor in the shower room, so the prisoners can’t sit down. I will also mention that the shoes of the prisoners where mixed up on arrival, and that the German soldiers weren’t kind enough to keep the shoes in pairs. This is terrible for the prisoners, as Primo says himself, because â€Å"death begins with the shoes†. Also, the Germans banned the prisoners from carrying straw under their clothes to protect themselves from the cold. Examples from Woyzeck will include the fact that the doctor makes use of Woyzeck by making him eat only peas, knowing that he (Woyzeck) has no other choice since he is desperate for money. III.  Ã‚  Ã‚  Ã‚  Ã‚  It is man who suffers injustice This part of my essay may be welded with the previous part so as not to have to repeat examples again. I will simply analyse how man copes with the injustice that is inflicted upon him. IV.  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"To wait for his neighbour to die in order to take his piece of bread is [†¦] further from the model of thinking man then the most primitive pigmy [†¦]†.

Living in Sin Essay

In Adrienne Rich’s poem, â€Å"Living in Sin† a woman is looking back on her relationship. The title tells me, although unconventional, in the 1950’s the couple was living together unmarried. The first line â€Å"She had thought the studio would keep itself,† describes how she expected her relationship to be. The woman clearly had an image, not a realistic one, of the perfect relationship. Many men and women fall into this trap (I certainly did with my own failed marriage). It is clear the woman is not happy and does not want to do the daily up keep of the home. She no longer loves the man and dreams of an escape from the life in which she is in. This poem is free verse with no rhythm or rhyme scheme. Its meter consists of most lines having ten syllables. The poem uses metaphors throughout to describe the relationship. The relationship was described through the words studio, furniture, and grime. The metaphors help in creating the tone for this poem which is one of sadness and despair. Adrienne Rich use of these metaphors and meter is another way to describe the relationship. In line two, â€Å"no dust upon the furniture of love†, truly sells the idea that she believed the relationship would not need any work to keep it happy. There is no dust to clean in the perfect fairy tale relationship. The poem enters the present with line three as the woman begins to describe problems with the noisy pipes and grime on the windows. Again the pipes and windows are metaphors for the condition of the relationship. The poem goes on to describe the inside of a home â€Å"A plate of pears, a piano with a Persian shawl† immediately leads into the image of a perfect home. No different than when anyone enters a home for the first time and the decor gives the impression of perfection. We have all been to people’s homes and the decor always gave an impression of the solidarity within the home. Of course no home is as perfect as the decor leads you to believe, no different here. The first mention of the man enters within the line â€Å"a cat stalking the picturesque amusing mouse had risen at his urging. † That cat rises to perhaps receive some affection from the man, this shows that the man is not ithout love or affection. The next few lines a milkman appears. A personification is used in describing the sound from the stairs â€Å"Writhe†. I’m sure many who have read this poem are thinking the woman is either having an affair or fanaticizing about an affair but I don’t feel that is the case. There is no other reference to suggest this. In fact, at the time the milkman arrives, the man is clearly home, it is 5 A. M. I be lieve the sound of the milkman arriving â€Å"under the milkman’s tramp† woke the woman and reminded her of the day ahead. The words â€Å"writhe and tramp† are descriptions of sounds being made while the milk is being delivered. The man is shown for his true likeness while playing the piano. The picture perfect image of the piano is out of tune, another metaphor reflecting their relationship. He† yawns† (representing boredom) while he plays the few notes clearly shows a man who only puts in minimal effort into the relationship. If the piano represents their relationship then the few notes represents his effort. â€Å"He shrugged at the mirror† tells us he did not care the relationship was out of tune and left. I also was wondering; how many times had he played the out of tune piano before? Had he expected it to be repaired this time around? That idea left me with the impression that the man, who was self-absorbed, was aware the relationship was out of tune but expected the woman to fix it. The man was declaring any problem with the relationship not his fault. The poem does a good job of contrasting the difference of how the man and woman feel about the relationship. â€Å"While she, jeered by the minor demons† the man just shrugs it off. He leaves and she starts working on her daily chores. The sharp contrast of dusty table top in reality and â€Å"no dust upon the furniture of love† in fantasy is clear contrast as well. The woman’s feelings are further supported by â€Å"and let the coffee pot boil over†. Her disdain for maintaining the home can be interpreted with letting the coffee pot boil over. Furthermore the words boil over also represent her feeling regarding the relationship. The spilt coffee also represents a never ending routine where she cleans up one mess and another appears. It is a life she is very unhappy with. The last lines of the poem reflect back to her being in the fantasy again, forgetting the daily routine. She is not nearly in love as before â€Å"not so wholly† as it appears each day takes more and more out of her. Her nights were also not peaceful as she woke dreading the routine of the very next day. Adrienne Rich’s poem shows the misery of a woman through the images created within the writing. The images of fantasy and reality are a sharp contrast. She tries to maintain the fantasy with the decor of the home when in reality she is not happy at all. She realizes that her relationship will not have a fairytale ending. The real sin is not living together unmarried but staying together in a loveless relationship. I can relate to this poem on a personal level. I believed my marriage was forever, certainly a fairytale thought. In reality we were not as happy as the images we created through our home. This poem struck me, as it is probably how my ex-wife felt for years while I ignored the signs. This poem portrays a sad reality in many women’s lives. While the man just expects the problem to fix itself.

Family, one word with many meanings. Essay

Family, one word with many meanings. In the Merriam-Webster dictionary family means a group of individuals living under one roof and usually one head. What does family mean to you? Most people would say family means love, friendship and caring. Others may say anger,disfunctional, and pain. For the past seventeen years of my life my immediate family have been my biggest support system. My immediate is my parents, sisters, brothers, grandparents, aunts and uncles. They have been my guiding lights through life. To me family means to love, being caring,supportive and being happy. However, there are other team environments that can also be considered as family. Cheerleading from age 3 to 14(delete) I participated in cheerleading for the Detroit Police Atletic League (PAL) from age 3 to 14 years old. Cheerleading is an activity performed by a team of individuals dedicated to working together to acheive excellence and a common goal. The cheerleading team can be considered as a form of family. They act as family members in time of need. They listen to problems, help solve problems, assist with homework, and help you acheive the cheer team goals. Cheerleading is a very competive sport. Many people believe that cheerleading is not a sport. They are right it is not just a sport it is more so a family. The team works togehter, help each other, listen to each other and work toward the common team goal. Cheerleaders are stereotype all the time. It is said that cheerleaders are out there to be pretty and popular, but what people don’t know is that the countless hours of hard work the team must endure to acheive the goal of excellence. The cheering team works together to acheive perfection and perform awesome routines. Cheerleaders develop friendships that will often last a lifetime. The squad becomes your second family and together the team grows and mature. They develop life lifr skills that will benefit each cheerleader forever. As a former cheerleader for 12 years I have made special bonds with people that I truly care about. Cheerleading taught me to be strong and fight for what I believe in. It has taught me to be a think postive and keep a happy spirit. My cheerleading experience helps me keep my life in order. Participating in cheerleading has developed a sense of displine in me to make sure I continue  to do the right things. My coaches were like parents to me. They treated me as if I were one of their child and wanted me to do my very best with anything they taught the cheerteam. They are the reason I have a love for cheerleading.The sport of cheerleading teaches hard work, perseverance, competitiveness, and teamwork. My immediate and cheerleading family have supported me through this whole journey. Every time I had to participate in a cheering activities, my immediate family was there cheering me on. When we had cheerleading competitions my parents made sure I could see them in the stands before I performed. My family showed so much love and support it had an impact on me excelling in this sport. Dancing from age 7 to 15(delete) Dancing has been apart of my life as well for nine years. When I was seven years my mother enrolled me into a dance school named MBS Training Center. My mother, father and other immediate family members showed how proud they were of me by coming to my recitals at the end of the year and showing their graditude for doing so well. Over the years dance has helped me to grow in other ways. From it I have learned that hard work really does pay off. I learned that discipline and self control are not only a vital part of dancing, but a necessary part of life. Also,I have recognized that motivation and perseverance are keys to success. What matters is not who wins in the beginning, but who is still on her feet in the end. Perhaps the most important lesson dance has taught me is responsibility. (Need to expand on this) Marching band senior year(delete) Joining the flag team in band auxiliary was something new for me senior year. I didn’t believe I could do it but all of my family supported me through it all. They had faith in me and it motivated me to do nothing but the best. The band is like a family as well. Everyone in the band has to play a different role to support each other and keep everyone strong. You depend on your bandmates to lead you in the right direction. With love, care and support from family and band leaders I will be able to achieve this new  challenge just like the rest. (Need to expand on this) School work (delete) My education is important to me and important part of life. Education is a tool that is an essential part of acheiving my future goals. Even though I participated in extracurricula activities throughout my entire life I still manage to maintain a 3.5 or above Grade Point Average (GPA). My family and I have high expectations for me. In order for me to continue to do the things I loved I had to maintain excellent grades. Establishing a school familt is vital to completing your high school education. Your school family is with you during the hours you spend at school. They can help you accomplish your goals. I have put forth a commendable effort in my academic career, by being on the Honor Roll and maintaing an excellent GPA all four years in high school. I have also been recognized by the National Honors Society award and received Principal’s award. It makes me happy to know that my accomplishments brings a smile to my family’s faces. Everything I do is to make them proud and continue to live our legacy. Education is an important aspect in life and vital to acheiving successful I have as a goal. I know I have to be on my p’s and q’s to achieve every goal my family and I have for myself. Knowing that they are there to encourage me makes it a bit easier. CLOSING (delete) Without my family I AM NOTHING. They are the reason I strive to be the best at any obstacle thrown at me. Anything that I planned on doing or wanted to achieve their were there for me. Now I am looking to establishing a college family at your university. Having a college family will be vital to my future success since immediate family maynot be located in near the immediate family.