The Differing Principles of Assessment of Damages in Tort and Contract By Raphael Kok 1. Introduction For those in the legal fraternity‚ the question of whether a legal wrong has been committed in various situations predominantly occupies their concentration. This holds true‚ even purely in the civil context. When confronted with a problem‚ the question that immediately blazes in their mind is this: “Is there a breach of tortious duty or a breach of contract here?” However‚ the layman’s
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opposition and resulting lack of progress in implementing this new process. My decision upon reviewing the information provided in the case is to recommend that Barilla continue to implement JITD focusing on dry goods shipped to distributors. Maggiali must first convince Barilla’s employees (Sales especially) that the JITD system will be a success before influencing its distributors. Sales personnel and distributors will have to work together to implement the JITD program. The system will require the
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WHAT CAN DAMAGE TO A BRAND IMAGE? CITE SOME EXAMPLES An organization’s brand is its heart and spirit. It’s a living thing‚ to be treasured‚ cherished and nurtured. It’s your reputation and promise – how you walk and talk and behave in business. It’s about integrity. Even more important‚ a brand is how others see‚ perceive and speak of you. It’s not something that can be contrived by a new coat of whitewash or silly‚ self-serving slogans. An organization’s brand – whether major corporation or entrepreneurial
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Executive Summary Barilla SpA‚ an Italian pasta manufacturer‚ is experiencing greater levels of inefficiencies and rising costs due to variability in demand from its distributors. In order to restore things to order and to improve margins‚ Giorgio Magialli‚ the Director of Logistics at Barilla wants to implement a Just-In-Time Distribution (JITD) system that was proposed by his predecessor Brando Vitali. This system is completely different from the existing setup and is being opposed by both the
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Liquidated Damages v. Penalty Are Causation and Loss Really Required?‚ Pooja Sharma* In a contract‚ the parties may name a sum to be payable in the event of breach. If such sum is a genuine pre estimate of loss it is termed liquidated damages‚ and if it bears no reflection on the loss suffered‚ it is termed a penalty. Courts are reluctant to enforce penalty clauses and in such cases the sum stipulated is normally reduced. It has been perceptively observed by Fansworth that in comparison to the
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with a watershed spanning thirty-one states and two Canadian Provinces (Mississippi River‚ n.d.). The Mississippi River provides a suitable habitat to many species because of its suspended-sediment flow regime. However‚ damaged caused to the river by human intervention has caused the sediment flow trends in the 19th and late 20th century to decline. In 1936 to 1950‚ the average amount of sediment transported annually was approximately 500 million tons for the Mississippi River (Holle‚ 1952). However
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REGULATIONS INDIAN CERTIFICATE OF SECONDARY EDUCATION EXAMINATION THE COUNCIL Examinations Origin 6. The Council conducts the Indian Certificate of Secondary Education‚ the Indian School Certificate and the Certificate of Vocational Education Examinations. 1. The Council for the Indian School Certificate Examinations was established in 1958 by the University of Cambridge Local Examinations Syndicate with the assistance of the Inter-State Board for Anglo-Indian Education. It is
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do not do it‚ protest hitting a child only teaches them violence is the way to solve problems. If spanking is related to corporal punishment of children‚ then parents who spank their children have a greater risk of causing their children emotional damage. An analysis of spanking children reveals three principle problems facing parents: define spanking‚ is spanking appropriate for their family‚ and what are my alternatives. There have been many studies on how many parents spank their children‚
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Abstract Purpose: to analyze case study "Miscommunications with a Brazilian Auto Parts Manufacturer”" in chapter 4‚ pg. 140. This case study gives an example an American businessman flying out of the country to do business on foreign soil‚ also‚ it has several questions at the end of the case study: 1) What are three of the cultural “missteps” that Wally Astor and his father-in-law‚ Henry Williams‚ made in this scenario? Why do you think this happened? 2) If this was a native of Brazil and advising
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