Competitive strategy that Easyjet have utilised

Competitive strategy that Easyjet have utilised The aim of this report is to analyse and evaluate the competitive strategy that Easyjet have utilised in order to develop their current competitive position in the low price no frills airline market. Objectives Definitions of competitive strategy Explain Porters generic strategy Analyse the competitive strategy of Easyjet Evaluate the competitive strategy of Easyjet Recommendation for the future of Easyjet Methodology Porters generic strategy Investigate the strategy clock Find out advantage and disadvantages by creating a SWOT analysis of Easy Jet Theories on Easyjet competitive strategy The Competition Various Recommendation for Easyjets future Where the information was found? University library Internet Journals Newspapers Books Overview From this report, Easyjet can be seen as one of the main airlines in its market, and although it has some tough competition Easyjet is becoming stronger. Its competitive strategies are ahead of the competition and are being very successful. This is proven through various theories such as Porters generic strategy, the strategy clock and a SWOT analysis of Easyjets competitive strategy. Introduction Background Easyjet is one of the best known European low price no-frills airlines. Which begun in 1995 by Greek entrepreneur Stelios Haji-Ioannou. He intended to make flying to Europe affordable for more and more people. Easyjet now calls itself the webs favourite airline. (Thompson, Strategic Management , 2001) The airline is based at Hangar 89, a bright orange building adjacent to the main taxiway at Luton Airport. In an industry where corporate HQs are generally considered to be the ultimate status symbol, it is the very embodiment of the Easyjet low-cost ethos. Objectives To identify and analyse the competitive strategy that Easyjet have utilised in order to develop their current position. To critically evaluate the competitive strategy that Easyjet have utilised in the development of their current completive position. Also make appropriate recommendations regarding Easyjet. Competitive advantage Competitive advantage is the means by which a company can outperform its competitors and more profits. (Lomax Raman, 2006) The ability to create more economic value than competitors (Barney, 2010) Competitive advantage is more generally based on the stability and continuity in relationships between different parts of the organisation (Lynch, 2008) Design is a form of competitive advantageà ¢Ã¢â€š ¬Ã‚ ¦ Good design allows things to operate more efficiently, smoothly, and comfortably for the userà ¢Ã¢â€š ¬Ã‚ ¦ Customers appreciate good design. While they cant necessarily point out what specifically makes it good, they know it feels better. Theres a visceral connection. They are willing to pay for it, if you give them a great experience. (Hackett, 2009) Porters Generic Strategies This set of strategies consists of three: segmentation strategy, differentiation strategy and cost leadership Cost leadership strategy pertains to mass production of standardized products to lower the cost. Manufacturing the product in high volumes or by bulk would lower the costs of the product because fixed costs are maximized. Differentiation strategy means creating products that are being packaged as unique. Customers believe that the features of the products are incomparable and superior compared to others hence the reason for its uniqueness. Segmentation strategy means products are focused on few, selected market or the specialized markets. The company creates the product to suit the tastes or demands of a specific market. (Porter, 1998) Main Findings Analyse Easy Jets competitive strategy Easy jet which is the UKs leading low cost airline, currently operating in over 400 routes with over 175 aircraft in 27 countries is a no frill airline, the concept started in the beginning of the 1970s in the USA and then this concept was followed by Airlines in Europe, and the rest of the world. Easy jet is known as No-frills airlines, where airlines that have offer low fares but eliminate all unnecessary services Easy Jet offers a no frills service at low fares. EasyJets generic strategy is a typical cost leadership strategy. The business philosophy of easyJet is that money can be made on any route where a carrier can fly three times a day to a low-cost airport, based on a minimum market size. The basis of commercial success for such strategy is maintaining a 30-40% cost advantage over established airlines. Easyjets low prices strategy can be defined as A low price strategy seeks to achieve a lower price than competitors whilst trying to maintain a similar perceived product or service benefits to those offered by competitors (Johnson, 2005) They believe to achieve competitive advantage through this strategy, the company need two basic choices, one is to find a segment where main competitors are not interested in. The other one is find this segment attracts price sensible consumers. (Johnson, 2005) They utilize this by doing the following; Easyjet is a Ticket less airline which mean All you need to fly is your passport (or suitable photographic ID on domestic flights) and there confirmation number, based on their time of check in at the airport, this determines the order in which they board the aircraft (Easyjet.com). Efficient use of airport. Easyjet flies to main destination airports throughout Europe, but gains efficiencies through rapid turnaround times, and progressive landing charges agreements with the airports By reducing turnarounds to 30 minutes and below, Easyjet can achieve extra rotations on the high frequency routes, by maximizing utilization rates of its aircraft. Theres no such thing as a free lunch Easyjet does not offer free food from company, passengers are given the choice as to whether they wish to buy themselves drinks or snacks from the in flight. (McCosker, 2003) The absence of business class means gaining seats and maximizes capacity. Though EasyJet does not provide the same kind of flexibility as business class in traditional airlines, it is possible to change flights for a premium of  £10, plus the difference in price. Punctuality is a priority Direct marketing and Internet sales Stelios recognized the potential for sales on the Internet before it had become widely available. At first a call center allowed customers to book over the phone, a more familiar communication channel available to all. By offering discounts for Internet bookings, Stelios shaped his customers purchasing habit with the result that 80% of reservations were made on the Internet in 1998. It reduces distribution charges from travel agent commissions and computer reservation system costs. Easyjets strategy was modelled on Southwest air, but Stelios claimed he had been inspired by Richard Branson and Virgin Atlantic. His approach to customers and people mirrors that of Branson. He flies on his own planes some three or four times a week and week talk to the passengers. He is regularly present at Luton (his headquarters) and willing to revolve passenger problems. (Thompson, Strategic Management fourth editon, 2001) Easyjet favours an informal company culture with a very flat management structure, which eliminates unnecessary and wasteful layers of management. All office-based employees are encouraged to dress casually. Ties are banned except for pilots! Remote working and hot-desking have been characteristics of easyJet since the beginning. One of the strategies which easyJet is persuading is a cost leadership. In persuading cost advantage, the goal of the firm is to become the cost leader in its industry or industry segment (Grant, 2002) The Easyjet product is, in reality, a package of service, many subcontracted in. Easy jet provides the planes and their crews, and markets and the sells the flights. As a company, it is focused. Check-in and information services, snacks (for passengers to by before they board the aeroplane), baggage handling and fleet maintenance are all bought in from specialists. (Thompson, Strategic Management , 2001) Competition for customers in this sector of the market is intense, Virgin express and Fly Thomas cook are just a couple from many have low-price , no frills subsidiaries, neither of which is reputed to be profitable. The largest of the rivals is Ryanair, over 25 years old and based in Dublin, carrying over 75 million passengers a year. When Stelios established the position of the Easyjet as one of leading low cost airline in Europe by adopting an efficiency driven operational model, creating brand awareness and maintaining a high levels of customer satisfaction (where we are now) he took a step further in his perused of the strategy to offer low cost airline to masses (where we want to be) which is based on key strengths (how we going get there) (Easyjet: The Web`s Favourite Airline, 2002) Another of the strategies persuaded by founder of Easyjet can be seen, as strategy is perspective, that is, vision and direction. (Mintzberg, 1994) Evaluate Easyjet competitive strategy Competitive advantage grows out of value a firm is able to create for its buyers the exceeds the firms cost of creating it (porter,1985)A company relative position within an no frill Airline industry is given by its competitive advantage which is cost leadership and differentiation, from other frills airline companies and with its choice of competitive scope. Introducing new technologies new or shifting buyer needs the emergence of a new industry segment and availability changes in government regulations are competitive advantages. Where Differentiation is the firms product, associated services, and other activities affect its buyers activities.   All the activities in the value chain contribute to buyer value, and the cumulative costs in the chain will determine the difference between the buyer value and producer cost. (Porter, 1985) Easy jet gains competitive advantage by performing strategically important activities more cheaply or better than its competitors. (Easyjet.com) Comp etitive advantage can come not just from great products or services, but from anywhere along the value chain. To understand how a firm fits into the overall value system includes the value chains of its suppliers, channels, and buyers. Generic strategies are useful because they characterize strategic positions at the simplest and broadest level. Porter maintains that company achieving competitive advantage requires and makes a choice about the type and scope of its competitive advantage.(Porter, 1985) Concerning competitive advantage, Easyjet concentrates on costs therefore achieves overall cost leadership. It inhabits a low cost Niche position. The low cost airlines developed sufficient lead times and competitive advantage to limit any new entrants to niche positions and we still do not believe that the full service airlines have the culture to successfully develop sustainable in house low fares subsidiaries (Binggeli, 2002) However, there are problems associated with the idea of sustainable cost leadership as this entails that Easyjet has the lowest cost compared with competitors over time. This is unlikely to be achieved simply by cutting back costs however their competitors i.e. Ryanair will do this too. The search of a cost-leadership strategy will require Easyjet to have a strong focus on cost management, scale economies, and have experience curve cost advantages through the maintainer of volumes. In reality, it can be questioned whether cost leadership is a separate strategy. (Sharp 1991)  [1]  stated, having a cost advantage is merely a facilitator to differentiate, usually on price, adding that low-cost form seeks to remove bases for differentiation, so as to offer a generic service to the entire market, therefore reducing differences between segments. Another type of strategy persuaded by Stelios Haji Ioannou is express by sentence (Casell, 2002) It could be argued that cost leadership can be a precarious strategy, which may speed up the move towards a commodity market in which; ultimately, no one benefits (Partridge, 1994) Strategy Clock The Strategy Clock is based upon the work of Cliff Bowman. Its another Suitable way to analyze a companys competitive position in comparison to the offerings of competitors. As with Porters Generic Strategies, Bowman considers competitive advantage in relation to cost advantage or differentiation advantage. Easyjet are situated highly in strategic option 1 (low price, low added value) The eight core strategic options are: 1. Low price/low added value Likely to be segment specific. 2. Low price Risk of price war and low margins/need to be a cost leader. 3. Hybrid Low cost base and reinvestment in low price and differentiation. 4. Differentiation (A) Without a price premium: perceived added value by user, yielding market share benefits. (B) With a price premium: Perceived added value sufficient to bear price premium. 5. Focused differentiation Perceived added value to a particular segment warranting a premium price. 6. Increased price/standard Higher margins if competitors do not value follow/risk of losing market share. 7. Increased price/low values only feasible in a monopoly situation. 8. Low value/standard price Loss of market share. The strategy clock diagram http://htmlimg3.scribdassets.com/9l9911lw1u1cczk/images/2-2c81643482/000.jpg (Scribd.com) Easyjet SWOT analysis Strength: Easyjet has a strong brand name in the low cost airline industry; the company also owns the general popularity among customers, business or leisure, for its low fares and high efficiency Most seats are sold through Internet. Ticketless airline makes Easyjet different from rivals. Flattened structure and casual culture give efficiency in management and operation. Easyjet is frequently able to benefit from the latest technology and working practices. Efficient use of airports and aircraft is another critical strength of Easyjet. The sound network helps the company to cut costs. Paperless operation has simplified and given the huge flexibility in the management working practices. Easyjet standardise on a single aircraft type and purchase new aircraft in bulk, thereby minimizing maintenance costs. The merger of Go accelerates the company growth Weakness: Easyjet is limited at the present time to regional operations, which does not allow it to develop a more balanced portfolio of services. Although EasyJets benefits from the deal with airbus in many ways, it also causes a problem the company will operate on a mixed Boeing/Airbus fleet. Staff training and coordination in future are crucial to the move For the elder people or the people who do not use the internet, it is not convenience to book on line. They really should have more ways to book There is no business class in airplane of EasyJet, which makes it lose some business travellers Opportunities: From a political perspective, the deepening and widening of EU provides new opportunities industry wide. New routes can be introduced to those countries that will join EU in near future. Furthermore, Airlines are now able to operate a base out of any European Country, which gives many more opportunities for expansion. Comparing to US market, the European market is still an immature market, which provides opportunities to all players. General slump forces most companies and individual keep in a tight budget, therefore low cost airlines now have more chance to fight their expensive rivals. Threats: The low-cost carriers are facing rising costs, particularly in the areas of fuel, airport charges and salaries. Unpredictable incidents (e.g. Iraqi war, SARS) give uncertainties in fuel supply, customers sentiment, etc. Competition from rivals is another threat, including new businesses copying low price and no frills strategy Recommendations This report has shown that Easyjet has done very well since it begun in 1995, it is dong almost everything correctly using their competitive strategies to become successful and stay ahead of their rivals. Although the huge profitable company that it has become, its important that they do not become over confident, and be aware of what their competitors are doing, they should always have enough capital to them to make radical changes if needed to. There are a number of ways in which Easyjet could improve to take the organisation forward and make the company more profitable and improving performance. Firstly Easyjet could cooperate with other easy business, such as Easycar which could do deals on transport and parking at airports, Easyfinance could offer a special rate for loans used on flights. Easyhotel could give discounts on hotels around the airports. This could not only help easyjet and making it better for customers but also increase other easy businesses. It could be very beneficial for Easyjet to build alliances with transatlantic operations. This would build a better relationship with the transatlantic operations meaning it could create more routs. Easyjet have over 400 routes which means they have many more routes which they could add. This would mean gaining more customers that couldnt reach destinations before in which other airlines visited. As fast as the internet has grown over the last few years, not everybody has it or know how to use, more often its elder people, whom could add a bigger market if Easyjet could find out a way to reach them and make a better way of buying flights for them. Although Easyjet do have a phone number to book flights it has been stated Telephone bookings are more expensive and are not encouraged (Lowfareflights) which is very off putting. Possibly free phone calls or some sort of broacher sent through the post could let the people without internet find out about Easyjet and be able to purchase with no hassle. As the number of low cost carriers is growing another possibility could be created some sort of loyalty scheme such as loyalty card or member card. The customer would then collect points whenever they travel with Jeasyjet, which would add up and when they have enough points, they could receive some sort of reward such as a discount on flights, free flights etc. This would benefit Eeasyjet as well as the customers because the customer would want to travel with Easyjet instead of another company because they know they can save points and be rewarded with Easyjet. Major companies in the UK such as Tesco using clubcard who introduced it in 1994 to gain customers loyalty, it proved to be very successful, making customers from other stores switch to Tesco as they knew they would b rewarded with this scheme. David Sainsbury, then chairman of J Sainsbury plc, rejected the idea of introducing a similar scheme. However, the effect that Clubcard had on Sainsburys sales led to the reversal of th at decision, with the launch of the Sainsburys Reward Card in June 1996. (Randall, 1996-06-23) This will therefore stop customers switching to Easyjets rivals. From this report, Easyjet can be seen as one of the main airlines in its market, and although it has some tough competition Easyjet is becoming stronger. Its competitive strategies are ahead of the competition and are being very successful. No company is perfect and always need improvements therefore Easyjet could become ever more successful and dominate the market despite of the stiff competition. Reference List

Bill Gates & Steven Jobs

Bill Gates & Steven Jobs The technology term today is growing rapidly in hi competitor between different companies, and between different company leaders, and in this essay I will compare two famous people in this field. These two famous persons are Bill Gats Steven Jobs . However, Gates and Stevens share some surprising similarities. Some of you may think that because Gates and Jobs work at the same field; which is technology. These two persons are similar because of three main reasons, they have the same characteristic, the same education situation, and the same failed of the job.One major similarity of these two persons is the special characteristics that they have. For example, both Steven Jobs and Bill Gates are intelligent innovative thinkers who have always new things to show and give to the world, and also both of them are known as the best-known entrepreneur of the personal computer revolution in the modern age. Moreover, Bill Gates has this energetic spirit which spread to cover all the people who are surrounding him, and also Steven Job had this special thing which admires the others and encourages them. Therefore, because of these special qualities that they both have they become famous and popular.Another similarity between Gates and Steven is the situation that they both had in their education. They both had been dropped from the college and then they complete studying by their self. Actually, Bill Gates had been dropped from Harvard University because he had some problems in studying in the sophomore year. On the other hand, Steven Jobs had been dropped from Reed University because he had some problems in covering the tuition fees. Moreover, Steven Jobs and Bill Gates have big similarity because of the same field that the both work in which is technology.To illustrate, Steven Jobs worked at Apple, and he is the best known as co- founder, chairman, and chief executive officer of Apple Inc. In contrast, Bill Gates is the best known chairman of Microsoft company , and everybody know well that these two companies are the greatest in technology From the information given, we can say that these two persons are the largest contributors of the modern technology revolution. Also, we can infer that there a lot of similarities between them which represented in characteristic, education, and the field of job. Therefore, these people perpetuate their names for their big achievements that they did.

Edisons Portrayal Essay - 1072 Words

Edison’s Portrayal A dreamer, an inventor, and above all, Thomas Edison was an ambitious and ruthless businessman who manifested the deep determination to take over the electricity market. Edison’s portrayal in Moran’s book â€Å"The Executioner’s Current† holds much more realistic and in depth aspects of his personality, than shown in the short excerpt, â€Å"They Transformed the World† pertaining to â€Å"America’s greatest change-makers.† On top of being an inventor, as shown in the excerpt, Moran’s portrayal of Edison displays him as an aggressive and competitive businessman by using the media and press to influence public opinion, as well as by pushing for the Electrical Execution Act. nbsp;nbsp;nbsp;nbsp;nbsp;Edison knew he could persuade the†¦show more content†¦Edison announced, â€Å"Just as certain as death, Westinghouse will kill a customer within six months after he puts in a system of any size. He has got a new thing and it will require a great deal of experimenting to get it work practically. It will never be free of danger†1 Through these tactics, he did indeed accomplish his mission of alerting the public, and it was not about to end. After receiving the attention of the public due to the speech, Edison published a pamphlet entitled â€Å"A Warning from the Edison Electric Company†. This red pamphlet included attacks on competitors such as Westinghouse, who Edison claimed was a patent violator. (Moran 58) Edison’s attack was on-going and continued as the newspaper consisted of an article, â€Å"Edison Predicted It†. â€Å"’It’ was the New York Board of Health’s conclusion that the only way to light safely by electricity was to control, by ordinance, the strength of the current.†1 (Moran 58) Edison manipulated the public to think that by using by the AC power it would succumb to death due to the dangerous tension. The aggressive businessman Edison gained the dominance of the market and trust of the public.nbsp;nbsp;nbsp;nbsp;nbsp; nbsp;nbsp;nbsp;nbsp;nbsp;Edison was not done in trying to destroy Westinghouse’s business and reputation, which is evident through his support of the new electrical executionShow MoreRelatedThe Impact Of Sound On The World Of Sound Cinema965 Words   |  4 Pagessystem worked by using a tiny mirror that twisted and turned in response to sound waves and photographed those sound waves on film. The film, resembling mountain peaks and valleys, could be edited and did not require development and printing. Thomas Edison always intended to add sound to film since the late 1800’s, effortlessly trying to combine his phonograph and kinescope to work hand in hand. The only thing holding this revolutionary concept back was synchronization. It wasn’t until the 1920’s thatRead MoreTelevision Is An American Staple Essay1042 Words   |  5 Pagesand disturbing. 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UKs unwritten constitution - Free Essay Example

Sample details Pages: 9 Words: 2724 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Did you like this example? à ¢Ã¢â€š ¬Ã…“The unwritten nature of the UK constitution has made the legal system of the UK even better structured. It has the most supreme authority over its institutions and is organised enough as to run the functions of parliament in comparison to the written constitution of the peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s republic of Bangladesh Critically analyse. Every state has an ultimate source of legal authority. A written constitution is a document which provides the state an ultimate authority.[1] By contrast, United Kingdom (UK) does not have a written constitution[2], as a result, the ultimate law-making power lies with Parliament, the House of Commons (HC), House of Lords (HL) and the Crown[3]. Don’t waste time! Our writers will create an original "UKs unwritten constitution" essay for you Create order For this everything that happening in UK it is constitutional and if nothing happens that would be constitutional also.[4] But as the parliament and judges are the safeguards of justice and liberty and they embody the spirit of the constitution[5]in compare to giving unconditional power to the Westminster Parliament and carefully limiting the powers of Bangladesh parliament by the constitutional or judicial supremacy concept it is very doubtful in reality that whether man is enough of a political animal to produce a good, sensible, serious and efficient constitution as all the evidence is against it.[6] (George Bernard Shaw). In other word in this question i will discuss the importance of a constitution and the nature of it exist in UK and Bangladesh and finally i will give a compare idea of two kind of supremacy exist in a constitutional system, which is most justifiable to uphold and maintain the liberty and justice in a democratic system, in reality. A constitution is defi ned by Aristotle (b. 384 à ¢Ã¢â€š ¬Ã¢â‚¬Å" d. 322 BCE)[7] as the way of life that the state has chosen for itself[8] and it is the highest of all.[9] He identifies it as same with the government.[10] [11] But According to Thomas Pains and De Tocqueville the constitution means the aggregate[12] of only those written principles which regulate the administration of the state. K.C Wheare, Hood Phillips and Gilchrist included also the unwritten principles.[13]So, whether it is in written or unwritten, it is a collection of principles[14] and rules, which identify and regulate the major institution of the state and govern and define the relationship between the state and individual citizen; i.e. define the extent of civil liberty.[15] At first considering the UK constitution, which is a product of gradual evolution and its main features are- Unwritten, Flexible, Unitary, Supremacy prevail to parliament, generally centralised, Monarchical in nature with a Bicameral parliament.[16] It i s wildly known as un-codified constitution for its main sources, like Israel and New Zealand.[17] As the main sources of UK constitutional are à ¢Ã¢â€š ¬Ã¢â‚¬Å" (i) Parliamentary statutes (ii) Conventions and custom (iii) Historical Principles(the sovereignty of Parliament, rule of law) (iv) Common Law (v) Royal prerogative (vi) European laws. Due to its flexible nature, the constitution is described as a à ¢Ã¢â€š ¬Ã‹Å"constitution in fluxà ¢Ã¢â€š ¬Ã¢â€ž ¢[18]. On the other hand the Constitution of Bangladesh (BD) is the product of the Liberation Struggle. After nine month war Bangladesh achieved its independent on 16th December 1971 from Pakistan and soon after only within eleven month on 4th November 1972 the final draft was adopted by its Constituent Assembly.[19]The Silent features of this constitutions are- Written, Rigid, Preamble, and Supremacy of the constitution, unitary govt. system, Independence of judiciary, Fundamental Principle and rights. It has a unicameral par liament.[20] So, in compare to the Bangladesh constitution some argued that British Constitution should be codified. As a written constitution would be a better safeguard for the peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights, Liberals and freedoms. It reduces the executive powers of the Politianà ¢Ã¢â€š ¬Ã¢â€ž ¢s. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s creating much better public awareness. But there are some arguments for an un-codified constitution those are- It is adaptable to changing circumstances as it is easy to amend. The power of unelected bodies has simply passed to elected or accountable bodies. The constitutional safeguards are weaker in the UK Governments can respond more easily to crises such as the increased terror threat after 9/11. It has stood the test of time, unlike much of the Countries there have been no violent revolutions or civil wars for several centuries.[21]So, it is so much justified that the un-codified nature of UK constitution is more efficient from a written one. Now, I will give a compare idea about constitutional supremacy in Bangladesh with the parliamentary supremacy in UK. Firstly considering the UK constitution the doctrine of the unlimited sovereignty of parliament in UK is a product of a long struggle between parliament and the crown which culminated in 1688 with the bill of rights 1689.[22] As According to A.V. Dicey (1885) sovereignty are of two types, legal sovereignty and political sovereignty. [23] The people hold political sovereignty whilst legal sovereignty rests with the à ¢Ã¢â€š ¬Ã…“Queen in Parliamentà ¢Ã¢â€š ¬Ã‚  in UK.[24] Dicey had illustrated three main rules of legal sovereignty. According to the first principle of Dicey, Parliament is the supreme law making body and may enact laws on any subject matter. For instance UK parliament in 1716, to extend its own life enacted the Septennial Act to extending the duration of parliament from 3 to 7 years (Now 5 years by Parliament Act 1911, s.7). By enacting the Act of Settlement 1700[25] and His Majestyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Declaration of Abdication Act 1936,[26] now UK parliament may legislate to change the succession to the throne. By passing the Union act with Scotland in 1706[27], Parliament may abolish itself and reconstitute itself as a different body. Now it may also legislate to alter its own powers (Parliament Act 1911 and 1949) by enacting the House of Lords Act 1999, its removed the hereditary peers from the Upper House. UK Parliament may grant independence to dependent states, whether dominions or colonies, as with the Nigeria Independence Act 1960 and the Zimbabwe Independence Act 1979. UK Parliament can pass laws which are retrospective or prospective. Following the House of Lords decision in Burmah Oil Company v Lord Advocate, [28]parliament passed retrospective legislation, the War Damage Act 1965 to nullify the effect of the House of Lordà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision.[29] UK Parliament may legislate with extra territorial effect beyond the jurisdiction of the UK even if this produces a conflict with international law. (See Cheney v Conn [30]and Morisneen v Peters [31]case). As, the Aviation Security Act 1982, which extends the jurisdiction of the courts to try the hijacking cases irrespective of the territory in which the offence occurred. It can also pass laws which are contrary to fundamental constitutional principles (R v Jordan[32]). In R v Secretary of state for the Home Department ex parte Simms Lord Hoffman stated that the principle of Parliamentary Sovereignty means that parliament can if it chooses; legislate contrary to fundamental principles of human rights.[33]So we can say that according to Sir Ivor Jennings (1882) parliament can legislate to ban smoking on the streets of Paris. However it is important to note that Diceyà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory is concerned purely with the absence of any legal limitations on Parliament. He acknowledged that there were clearly political limits on what parliament could do. According to him sovereignty is limited on every side by the possibility of popular resistance. The second limb of Dicey is, No Parliament may be bound by his predecessor or bind his successor. That means each parliament must enjoy the same unlimited power as any before it. In Austinà ¢Ã¢â€š ¬Ã¢â€ž ¢s word à ¢Ã¢â€š ¬Ã…“illimitableà ¢Ã¢â€š ¬Ã‚ . Two forms of repeal exist to signify that fact that parliament are not bound. They are; As Express Repeal is where legislation is passed which expressly states its intention an act should be repealed. There are some strong arguments that the UK has succeeding in binding itself in this way in considering the effect of human rights act 1998 and the European Communities 1972. However there is also the argument that the requirement to use express words is not particular onerous and represents at best a limited form of entrenchment. Another, the doctrine of implied repeal provides the mechanism by whi ch the judge gives effects to the rule against Parliament being bound by previous Parliaments. If Parliament passed an Act and did not repeal the previous Act expressly, then the doctrine of implied repeal come into the play and the judges will apply the latest statute deeming that the earlier Act was impliedly repealed. The two cases (Vauxhall Estates LTD v Liverpool Corporation 1932[34]) and (Allen Street Estates LTD v Minister of Health 1934[35]) illustrated the principle of doctrine of implied repeal. As The Statute of Westminster 1931, s4 was enacted to give statutory force to the convention that the UK parliament would not legislate for Dominions without their consent. The Statute imposes substantive and procedural restrictions on Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to legislate for former colonies. In Blackburn v AG Lord Denning stated that, in legal theory one parliament cannot bind another. But legal theory does not always march alongside political reality. Legal th eory must give way to practical politics.[36] (British coal corporation v The King case )[37] But In manuel v AG[38]and Megarry v C case clearly restated the orthodox view of sovereignty. In this view, à ¢Ã¢â€š ¬Ã…“it is a fundamental of the English Constitution that Parliament is supreme. As a matter of law the courts of England recognize Parliament as being in all same the power to destroy its own omnipotenceà ¢Ã¢â€š ¬Ã‚ . There can be seen that the grants of independence do impose political limits on parliament but do not limit the legal power of Westminster to pass laws governing these states. Furthermore, The Act of Union with Scotland 1707 provided a fertile source for academic debate which remains a powerful argument against the unlimited freedom of any Parliament at any time to legislation. In the words of Prof. J Mitchell the near parliament was à ¢Ã¢â€š ¬Ã‹Å"born unfreeà ¢Ã¢â€š ¬Ã¢â€ž ¢, because the Acts bind and limits the power of Parliament [39]( MacCormick v Lord Advocate [40]and Gibson v Lord Advocate stated the above also). In Attorney-General for New South Water v Trethowan[41]case others the validity of the Constitution (Legislative Council) Amendment Act 1929 was tested also.[42] But according to Diceyà ¢Ã¢â€š ¬Ã¢â€ž ¢s viewed the acts as having no higher legal status than any other act and could not threaten sovereignty. As the UK Parliament has altered may of the principles contained in both the Scottish and Irish Acts of Union. Further the judicial remarks were obiter and for others arguments some academics have challenged that as parliament cannot bind its successors as a result of some commonwealth cases. The third limb of A. V. Dicey is, no person or body à ¢Ã¢â€š ¬Ã¢â‚¬Å" including a court of law- may question the validity of Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s enactments. As the manner in which sovereignty is upheld in UK is through judicial decisions. Lord Denning stated this as à ¢Ã¢â€š ¬Ã…“in my opinio n, it is the function of the court to see that the procedure of the Parliament itself is not abused and that undue advantage is not taken of it. In so doing the court is not trespassing on the jurisdiction of Parliament itself. It is acting in aid of Parliament, and, I might add, in aid of justice. If is proved that Parliament was misled, the court can and should draw it to the attention of Parliament.à ¢Ã¢â€š ¬Ã‚  But, the House of Lords rejected this view and Lord Reid stated, à ¢Ã¢â€š ¬Ã…“The function of the courts is to construe and apply the enactments of Parliament. The courts have no concern in the proceedings how the Act was passed.à ¢Ã¢â€š ¬Ã‚  (Pickin v British Railways Board 1974[43]and Jackson v Attorney General 2006 )[44] The U.K. has incorporated the European Convention of Human Rights (ECHR) into domestic law through the Human Rights Act 1998 (HRA 1998). It imposes some obligations on Parliament and judges. Under this act Section 3 requires the legislati on to be interpreted as far as possible in a way which is compatible with Convention rights. Section 4 allows the higher courts to make a à ¢Ã¢â€š ¬Ã‹Å"declaration of incompatibilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ but the courts cannot declare an Act of Parliament invalid. If the Act is not compatible with Convention rights, then the courts have to leave it to Parliament to enact the necessary changes. (Thoburn v Sunderland City Council 2002)[45] Furthermore the UK became a member of European Community by means of European Communities Act 1972 (ECA 1972). The ECA 1972, Section 2 and Section 2(4) has radically altered the standing of Parliamentary Sovereignty. In Van Gend en Loos (1963) the European Court of Justice (ECJ) held that by signing treaties, the member states had created a new legal order in which individual states had limited their sovereign rights.[46] In Internationale Handelsgesellschaft (1970[47]) where ECJ stated that EU law is even superior to U.K. law. (Factortame no. 1 to 5.)[48] Moreover, in Simmenthal case, ECJ held that EU law is superior to national law whenever enacted.[49] As discussed above, EU and ECHR law is superior to English law and now U.K. parliament will not enact any law which is contrary to EU law and violates of Human rights. Therefore, rule 1 of A.V. Dicey is violated. As far as present U.K. Parliament is concerned, it is still bound by the obligations which were accepted by the Parliament of 1972 and HRA 1998. This is the violation of rule 2 of A.V. Dicey. Moreover, if U.K. Parliament enacts any law contrary to EU law, U.K. courts will never accept it. Moreover, judges now have the power to issue à ¢Ã¢â€š ¬Ã‹Å"Declaration of incompatibilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ if the law is contrary to human rights .This is a form of challenge and therefore rule 3 of A.V. Dicey is violated. However, theoretically Sovereignty of Parliament remains as the Parliament can repeal the ECA 1972 and HRA 1998 and take UK out from EU. But in practi cal, it may not be possible due to ever increasing involvement of the U.K. with the European Communities and as the HRA 1998 it provides basic rights and freedom to the citizen of UK. To sum up, it is to say that, by the passage of time, parliamentary sovereignty has become limited to some extent. Since 1689 to recent time, numerous changes has occurred and thus, Diceyà ¢Ã¢â€š ¬Ã¢â€ž ¢s limbs of parliamentary sovereignty has lost their significance to some extent and are not relevant with todays modern changed civilization. But, it is essential to say that, under an uncodified constitution of United Kingdom, Diceyà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory and principles of parliamentary sovereignty has provided a guideline to the United Kingdom. In conclusion, it can be said that with the inclusion of membership of EU and incorporation of HRA 1998, it is obvious that Parliamentà ¢Ã¢â€š ¬Ã¢â€ž ¢s law making power has been practically limited and partial, but theoretically parliamentary sover eignty remains in UK. In other words, all legally organised parliaments have limited powers. The Westminster Parliament has constitutionally limited powers, very much like banglad [1] H. Barnett, Constitutional Administrative Law (7th ed. 2008), chapter 6, at P.146. [2] H.A. Barnett and Morison, Public law, University of London subject Guide, 2012(London, UOL, 2012), P 20. [3] See (n) 1 H Barnett (2009) P.146 [4](Griffith à ¢Ã¢â€š ¬Ã‹Å"The Political Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢) Belal Husain Joy, Constitutional History of Bangladesh,1st ed (Dhaka, Bangladesh Law Book Company, 2008)P 7 [5] Lord Denning , The Changing Law , 1953 , P 18 [6] See (n) 3 Belal Husain Joy (2008) P 7 [7] https://plato.stanford.edu/entries/aristotle-politics/ [8] Abdul Halim, Constitution, Constitutional law and politics: Bangladesh perspective ( 2nd Edition, 2003)P. 25 [9] Pol. 1278b10-11. [10] Pol. 1278b11-14. [11] https://www.scholardarity.com/?page_id=2564#_ftnref6 [12] Lord Bryce [13] See, Zink, Harold, Modern Governments , 2nd ed, ( New York : D. Van Nostrand Company, 1983), P.18 [14] Stong, CF, Modern Political Constitution , (Lo ndon : ELBS, 1970), P 11 [15] See (n) 2 UOL subject Guide, 2012, P 18. [16] See (n) 1 H Barnett (2009) P.14. [17] See (n) 2 UOL subject Guide, 2012, P 20. [18] Ibid. [19] For details see: Chowdhury, A.K,The Independence of East Bangla, (Dhaka, Jatiya Granthakendra,1984 ) P 270-274. [20] See (n) 7 MD. Abdul Halim (2003) P. 41-44. [21] See (n) 1 H Barnett (2009) P.14. [22] Diplock Lj In BBC v Johons (1965). [23] Dicey, AV, Introduction to the study of the law of the Constitution, 10th edn, (London : Macmillan1959). P 39 [24] For more elaborate categorisation, see Rees, à ¢Ã¢â€š ¬Ã…“The theory of sovereignty restatedà ¢Ã¢â€š ¬Ã‚ , ( Latett, 1975), Chapter IV. [25] See (n) 23 said by Priestly in 1771 , cited in Dicey ,1885,P 47 [26] See (n) 23 Dicey, 1885, P 47. [27] https://www.legislation.gov.uk/aep/Ann/6/11 [28] [1965] AC 75 [29] See (n) 1 H Barnett,(2009) P.159 [30] [1968] 1 All ER 779 [31] [1906] 14 SLT 227 [32] [1956] 40 Cr App R 152 [33] [1999] 3 All ER 400, [1999] UKHL 33 [34] [1932] 1KB 733 [35] [1934] 1 KB 590 [36] [1971] 1 WLR 1037 [37] [1935] A.C. 500 [38] [1982] 3 All ER 786,822 [39] Mitchell. JDB à ¢Ã¢â€š ¬Ã…“Sovereignty of parliament à ¢Ã¢â€š ¬Ã¢â‚¬Å"yet againà ¢Ã¢â€š ¬Ã‚  (1963) 79 LQR. [40] [1953]SC 396 [41] [1974] AC 763 [42] [1931] 44 CLR 395 [43] [1974] 2 WLR 208 [44] [2005] U.K.HL. 56 [45] [2002] EWHC 195 [46] [1963] EUECJ R-26/62 [47] [1970] E.C.R. 1125 [48] Factortame I [1991] 1 A.C. 603 Factortame II [1991] ECR 1-4586 Factortame III [1996] ECR 1-1034 Factortame IV [2000] EULR 40 R v S of S for Transport ex p Factortame Ltd (No 2) [1991] [49] [1978] ECR 629

The Association Between Worker Prosperity And...

Introduction In today s developing world, a great association between the representative and the association is essential. For the association s profitability in each field, representatives ought to be prosperity. The associations opposition for giving best in business is high. Thus, to pick up the upper hand viability of the firm is imperative. This can just be achieved when there is a decent connection between the workers and association. In this exposition, I will depict about the association between worker prosperity and authoritative viability. The five components which are affecting on worker prosperity and giving illustration for every element. Likewise disclose how to execute those variables on representatives to take compelling work from them. Worker prosperity is characterized as that bit of a representative s general wellbeing that they see to be determined basically by work and can be influenced by workplace intercessions in the organisation. (John P. Meyer, 2010)The employee satisfactions depends upon the happiness and working environment of an employee. The fundamental point is that the representative prosperity absolutely relates with emotions, perspectives and impression of the worker about their work and their firm. On the off chance that the worker is content with their occupation and their executive means they get the correct admiration about their position than just the representative can give their best to the organisation (Allisey, 2011). ThisShow MoreRelatedEvaluation Of The Approach On Performance Management1178 Words   |  5 Pageson-going procedure between an administrator and a representative to plan for, create, and assess a worker s work. Moreover, it concentrates on what workers do and how they do i t. In addition, it recognises zones for worker learning and incorporates opportunities to examine and plan for a representative s career improvement. 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Washington Crossing the Deleware Free Essays

CROSSING THE DELEWARE HIST101 George Washington saved not only the continental army at the battle of Trenton, but he also saved and breathed new life into the cause of Independence. After knowing seemingly knowing nothing but defeat and hardship for the latter half of 1776, Washington knew that not only he, but the neophyte country known as the United States, needed a miracle. History dictates that he most certainly delivered that miracle and saved the cause, but what were the effects of his victory? What is the importance of his crossing of the Delaware? The crossing at the Delaware river has become over the years, the symbol of American spirit and resolve. We will write a custom essay sample on Washington Crossing the Deleware or any similar topic only for you Order Now Numerous historical evidence indicates the hardships and hazards that accompanied the crossing that fateful December night. But to discuss the effects of the crossing, one must set the stage of events first. In the winter of 1776, General George Washington and his fledgling continental army stood on the precipice of annihilation. After suffering a series of disastrous defeats which resulted in the loss of New York city and it’s surrounding areas, Washington gathered the shattered remnants of his once proud army and retreated across the Delaware river into Pennsylvania. Washington knew that the life of not only his army, but the cause was ebbing away daily, more so with their disastrous string of defeats. With low morale, constant desertion, sickness and hunger facing his men, he also knew that there was one other chief problem which would befall him at the end of the year;the expiration of the soldiers enlistments. [1] When the continentals drove the British troops out of Boston in March of 1776, Washington had seventeen thousand troops under his command. By December of 1776, through not only combat but the attrition of war and what entails with it, he now commanded a mere four thousand seven hundred men. At the end of December when the enlistments for the soldiers ran out, he would be fighting with only twelve hundred men. In a letter that Washington wrote to John Hancock who was residing with the Continental congress in Philadelphia at the time, Washington wrote, â€Å"Ten more days will put an end to the existence of our Army[2]. Washington was not exaggerating when he said this. He had no doubt in his mind that come the end of the year the expiration of enlistments would cause an exodus of his fighting force. Aside from the threat of the ending enlistments, there was also the Hessian mercenary force across the river at Trenton, which Washington had no doubt that the they would cross the Delawa re river once it was frozen over and suitable to do so. Washington also realized that if he could end the year with a tremendous victory, it would do wonders not only for the cause, but for recruiting more soldiers to fight for it. With nothing to lose and everything to gain, Washington decided that he would attack the Hessian mercenary force on December 25, 1776. The Hessians were feared by the continental army, and rightfully so. They were some of the Europe’s best trained troops at the time and the memories of their massacre of American troops at the Battle of Long Island, lay fresh in their minds. The need for self-preservation seemed almost as strong as the need to avenge the brave soldiers lost. Washington’s staff strongly advised him from attacking the Hessians in broad daylight, even crossing the river it’s self. Their seemed to be a prevalent feeling that the Hessians would destroy the continentals, even though they had the Hessian’soutnumbered(the Hessians in Trenton were around fifteen-hundred men). While the continentals had numbers on their side, the Hessians had several things they did not. The Hessians were billeted in houses no doubt with fire places and were relatively safe and comfortable from the cold. The Hessians were also no doubt well fed and well cared for. On the contrary, the continental soldier at the time had barely any adequate provisions at all. They were ill fed and ill equipped to face not only the Hessians but the driving winter which was upon them. Most of them wore no shoes, if any shoes at all. On the night of the crossing a major, John Wilkinson, had seen spots of red in the snow, â€Å"tinged here and there†, he wrote, â€Å"with blood from the feet of men who wore broken shoes. †[3] Washington had also lost a significant number of weapons and material during the retreat across the Delaware. Taking over the Hessian garrison in Trenton would not only be a good psychological boost for his troops, but it would also be a start in obtaining much needed supplies for them as well. On Christmas night 1776, Washington assembled his army to cross the Delaware. Several writings on that fateful evening indicated the hardships and perils of the crossing itself. Thomas Rodney who was there that night described it as, â€Å"It was a severe night as I ever saw. The frost was sharp, the current difficult to stem, the ice increasing, the wind high, and at eleven it began to snow. † When the continentals cross the Delaware, all accounted for and behind schedule, they began their march onto Trenton, New Jersey. John Greenwood, a fifer in the Continental Army described the march. What I suffered on the march, cannot be described. They who were with us know best about these things, others cannot believe the tenth part, so I shall say nothing further. 3† Exhausted, starving, frightened and freezing, the Continentals commenced battle with the Hessian at Trenton around eight in the morning, catching most of the Hessian unaware, most of which were still sleeping. Fr om the start of the engagement, the continentals were fully in control of the tempo of the battle and seized the initiative. The Hessians became completely surrounded and their units became isolated and they were forced to surrender. They also suffered heavy losses with twenty-two men dead, eighty three wounded, and nearly one thousand and one hundred troops captured by the Americans. The American’s only suffered two dead and five wounded. (statistics differ to a varying degree on the casualties and material obtained by Washington and his men). Washington had originally planed to march the army further to Princeton and New Brunswick, but after consideration and discussion from his staff, dropped the plan. He ordered his troops to recross the Delaware, where they took back with them not only the Hessian prisoners, but much needed quipment and supplies needed to sustain his army. The battle despite its seemingly small proportion increased not only morale among the men which had been dangerously low to begin with, but also their confidence. They had defeated one Europe, even one of the world’s most respected troops at the time. Despite the victory and the bold gamble it was, there was still the issue o f the expiration of enlistments. Washington seized the advantage and the boost the victory had given him, and two days after the battle, only a few days before the expiration, implored his exhausted, underfed and underpaid troops to stay longer. Fifty years after, a sergeant whom was present at the time gave his account of what Washington said to a group of soldiers. â€Å"My brave fellows, you have done all I asked you to do, and more than could be reasonably expected. But your country is at stake, your wives, your houses, all that you hold dear. You have worn yourselves put with fatigues and hardships, but we know not how to spare you. If you will consent to stay but one month longer, you will render that service to the cause of liberty, and to your country, which you probably can never do under any other circumstances. The present is emphatically the crisis that will decide our destiny. †3 Before this gambit, there were some members of the Congress and even Washington’s own soldiers and staff whom questioned his military ability and handling of the army. The victory at Trenton, and later at Princeton, quelled these fears. Faith was not only renewed in him, but also in his army. The victory also had a tremendous effect upon morale not only within the troops but in Congress as well. The victory also broke the psychological hold that the Hessians had over the continentals as well. They knew now and full realized that they were a capable army as any in the world. The defeat of the Hessians also caused the British to abandon their efforts of protection to the loyalist leaning peoples of New Jersey. When looking at the crossing of the Delaware and the victory at Trenton on a tactical scale, it seems to be a minor engagement. But the significance and the psychological impact, saved the not only the continental army, but it pulled the cause out of the depths of a sea of despondency and defeat. Over the years the American people have come to see the crossing of the Delaware, as a symbol of American resolve, and that we as a people will never give into tyranny and oppression. Bibliography 1. â€Å"The Continental Army†, http://www. history. army. mil/books/RevWar/ContArmy/CA-05. htm 2. â€Å"George Washington Papers at the Library of Congress†, last modified Feb-16-1999, http://memory. loc. gov/ammem/gwhtml/gwhome. html 3. â€Å"Washington Crossing Historical Park†, http://www. ushistory. org/washingtoncrossing/history/revwartimeline. htm ———————– 1]â€Å"The Continental Army†, http://www. history. army. mil/books/RevWar/ContArmy/CA-05. htm [2]â€Å"George Washington Papers at the Library of Congress†, last modified Feb-16-1999, http://memory. loc. gov/ammem/gwhtml/gwhome. html [3]Washington Crossing Historical Park†, http://www. ushistory. org/washingtoncrossing/history/revwarti meline. htm 3Washington Crossing Historical Park†, http://www. ushistory. org/washingtoncrossing/history/revwartimeline. htm 3Washington Crossing Historical Park†, http://www. ushistory. org/washingtoncrossing/history/revwartimeline. htm How to cite Washington Crossing the Deleware, Essay examples

Business and Corporation Law of Contract

Question: Discuss about the Business and Corporation Law of Contract. Answer: Introduction: An agreement has been made between Jane and Jack in the Case Study where Jane has decided to sell her Lotus Super 7 Sports Car to Jack. Jane requires money to go overseas and this is the reason why she wants to sell her Sports Car. The car was in good condition although it is used by Jane. The offer has been accepted by Jack who has been made by Jane. Offer, acceptance, consideration and contractual invitation are the four basic elements of an English Contract Law. These elements have to be present when a contract is made in order to make the contract valid. Jane has made an offer to Jack and Jack has accepted the offer (McKendrick, 2014). The cases are described below according to the IRAC method. Issues According to section 9 of the contract law, an agreement has been made between two parties but although the market value of the Lotus Super 7 Sports Car is mentioned but the price of the sports car is not mentioned. The amount has not been stated by the offeror to the offeree. It is also not stated if the contract between Jane and Jack is in online, oral or in written form. Jack has accepted the offer without the knowledge of the price of the car. When each party in a contract receives something of value, is known as consideration. Consideration is applicable if it movers to the offeror and consideration which is made is sufficient. It is stated that the market value of the Lotus Super 7 Sports Car is $25000 but the price at which Jane sells her sports car to Jack has not been stated. Giving an advertisement properly is essential in an offer but it is not defined whether the contract is in good condition (Beale et al., 2010). Therefore there is a restricted method in which the contra ct took place. The issue is that the amount at which Jane has offered to sell her sports car to Jack has not been stated in this case. Jane offered to sell her sports car at the same rate as the market price which is $25000. The sports car has been used by Jane and therefore it is sold at a second hand rate. There has been an obligation of Jane according to the article 2 of the Uniform Commercial Code (UCC) (Hunter, 2015). According to this law, the price of a second hand object should be lesser than the market price. Acceptance has been made by Jack but the rate of the sports car is not lesser than the market price although it is a second hand product. There is a contractual invitation but the advertisement given by Jane is inappropriate. So there is an issue or obligation in this case as the Uniform Commercial Case is not followed in this case (Graw, 2012). Jane sells the Lotus Super 7 Sports Car to Jack for $2500. The market value of the Lotus Super 7 Sports car is $25000. So Jane is selling the Sports car at a very less price. Therefore she runs a loss. The contract is enforced when consideration is appropriate and there is profit on the part of the offeror according to the contract law. All the elements of the contract must be applied in order to enforce the contractual agreement. The main issue in this case is that Jane who is the offeror is running a loss. Rules The terms of the contract requires to be expressed clearly according to section 9 of the Contract Law but the price of the Lotus Super 7 Sports Car has not been stated by Jane in the agreement. There is contractual invitation but there is no consideration from the offeror to the offeree. Therefore there is a breach in selling the goods according to section 7 of the Contract Law. Jack has accepted the offer without the knowledge about the price of the sports car (Anson et al., 2010). The question may arise on expressive terms and Jack may ask about the price of the sports car according to consumer rights. According to article 2 of the Uniform Commercial Code (UCC), Jane cannot keep the same price of a second hand sports car to that of the market value. The sales of goods are not proper and obligation on the part Jane who is the seller has taken place in this case. Therefore there is a breach in the article 2 of the Uniform Commercial Code. Jane runs a loss because she sells the sports car at a very less price. This is because she does not know the estimation of the market value and the method of Sales of goods. Jane has not followed section 52 and section 54 of the property act 1925. (Furmston, Cheshire, Fifoot, 2012) There is also a breach in the section 12 and section 15 of the Sales of Goods Act in this contract and the seller has suffered a loss as she fixed the price of the sports car at a very less price which is $2500 when she bought it at $25000 as this is the market value of the sports car. Application The rules of section 7 and section 9 of the sales of goods act should not be breached in order to solve the problem in this case. Jane requires stating the value of the sports car clearly in order to make a valid agreement to Jack. There is a contractual invitation as the offer is accepted by Jack. But there is no consideration because the method of agreement and the value of the sports car are not stated by Jane and Jack has accepted the offer without the knowledge of the price of the sports car. The issue could be solved by following the sales of goods act and the commercial code rules and Jane requires studying the market value of the Lotus Super 7 Sports Car before she fixes the price of the sports car in order to solve the issue (Koffman, Macdonald, 2010). She should fix the price of the sports car at a lower price than the market value of the sports car then the issue would be solved. This issue in this case could be solved by the solution to the sales of goods act and the property act. Jane requires studying the market value of the Lotus Super 7 Sports Car to make the contract properly and should increase the price of the sports car so that she does not run a loss and should fix the price of the sports car according to the Property Act 1925. The Property Act 1925 has the rules which are stated about fixing the price of second hand property or material (O'Sullivan Hilliard, 2016). Conclusion Rules of the contract law have not been followed in the cases while making an agreement. There is a breach of the rules of the UK contract law in these cases. A solution to the breach of the rules of contract law should be organised legally for solving the cases. There are all the elements of a contract including offer, acceptance, consideration and contractual invitation (Burrows, Todd, Finn, 2012). All the rules of the contract is clearly described above which are required in applying the contract for making a valid agreement between the parties and consideration should take place in these cases. A contract took place between the Ship builder (manufacturer) and a tanker company North Ocean Tankers. Here a deal took place between the manufacturer and the customer. The negotiation or contract took place as per regulations of United States (Anson, et al. 2008). The contract formation was void and all the elements of the contract were present in this agreement but conflict occurred when US government devalued 10% currency of US. Whenever currency rises, it becomes problematic for the economist or business man of the country. So, the North Ocean Tankers also became the victim of this problem, when the Ship builder demands extra US$3 million from the North Ocean Tankers for constructing tankers. The seller or manufacturer demanded more money because he was running loss economically and as per his concept he was losing his time. The North Ocean Tankers had to agree because the delivery of tanker was very essential in time. After delivery of 9 months of the product, the North Ocean T ankers did not pay the money of the Ship builder which is misrepresentation. The North Ocean tankers was making astray to the ship builder by falsification and stretching more time. This scenario have some problems which solved by applying several legal rules and regulation following the IRAC method in the consequences described below. Issues As per US law, the agreement was void and proper at first but issue aroused when the government of United States devalued 10% currency of the country. The devaluation gave negative effect to the industrialization where the industries like North Ocean tankers started running economic loss and the manufacturer like Ship builder also started suffering manually and running loss economically. On that perspective, the manufacturer demanded extra charge of US$3 million. As a promisor, the North Ocean Tankers accepted the demand because of the urgent requirement of the delivery. To pay the money, the company needs financial strength but North Ocean Tankers was running economical loss because of the devaluation of currency. In this context the buyer is the promisor and the seller is the promisee. The promisor promised that they will pay extra charge to the promisee in time but the time extended after delivery but the promisor fail to pay the money to the promisee (Elliott, et al. 2007). But a s they has made false promise and misrepresentation, so in this case the promisee (Ship builder) can sue the North Ocean Tankers (Promisor) for breaching the terms of the contract and for taking the delivery by straying him on false promise of providing money in time. Rules A contract as per negotiation between two parties took place in terms of US regulation that follows the rules of Federal arbitration act. At first a contract took place between the company and the manufacturer for constructing a tank, and then when the currency devalued, again a new agreement took place but problem aroused because that agreement clause was not stated in the contract (Federal Arbitration Act at 80, 2004). It is necessary that when anything is reviewed or added in a contract the rules of Contract review act should be followed in that case. As per that act new contract papers should be made where the rules and regulations and new clauses of the agreement should be added. As second agreement was made between the Ship builder and the North Ocean tankers, so as per English law the clause of increment of extra charge delivery to the ship builder should be mentioned in the new contract paper. All these are the loopholes of the contract. The promisor (North Ocean Tankers) vio lated the rules of negotiation by extending time for paying money to the promisee. Breach of negotiation took place in this case. The promisee can file case against the promisor for breaching the promise and if he takes the case to English court then the behaviour will be termed as Unconscionability (Kennedy, 2010). The ship builder can sue the North Ocean Tankers in perspective of Misrepresentation act 1967. As the promisor has did false promise to the promisee that he will pay the money to him after delivery but after 9 months of the product delivery the money is not paid to the promisee (Misrepresentation [H.L.], 2007). Even breach of Federal arbitration act has also taken place here. So the Ship builder has right to sue him to the court. Application In this case the manufacturer (Ship builder) runs loss and punitive dispute occurred in this case. Here the extra wages has not been delivered to the ship builder in time. So remedy should be applied in this case. The ship builder can whether sue the company under misrepresentation act or use remedy like reinstitution and cancellation to solve the case and claim the money from the North Ocean Tankers (Misrepresentation [H.L.], 2007). It is necessary that some remedies should be applied through which the company can rescue themselves. The company is going through financial loss because of the fall of the currency of United States (Emerson, 2004). Their economic condition is not stable, so they are unable to deliver the extra charge to the Ship builder in time. This is the main reason that they are taking more time to pay their debt. In this case as per rules of US government, the company can take help of the English law and apply Bankruptcy act 1966 (Nichols, P, 2012). As per this act, the company has to give proof of their bankruptcy and if the appeal of the company is granted then, the court will give 6 months time to pay the debt to the promisee and till that time the promisee (ship builders) has to wait for the money. This is the only remedy which can help the North Ocean Tankers company to rescue from these severe problems from the Ship builder in perspective of US law. Conclusion A negotiable contract took place between the manufacturer and the customer. The contract is negatively affected in this case. This affected both the promisor and promisee and both are in false position enhancing wrong result of the agreement formation. When external clause was added in the contract, it changed the contract and both promisor and promisee has lost financially (Anson, et al. 2008). In this case the contract took place under Federal arbitration act of US, but when extra clauses were added, contract review does not take place. Breach of negotiation occurred and falsification of promise occurred which can be punishable under misinterpretation act but as the promisor is running economic loss, so he can take the help of US government for remedy and through bankruptcy act he can be rescued from court under US law. This assignment can be concluded by showing these remedy which can solve the problem. References: Anson, W. Huffcut, E. (2008). Principles of the English law of contract (3rd ed.). New York: Banks Law Pub. Co. Anson, W. R., Beatson, J., Burrows, A. S., Cartwright, J. (2010). 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