Business law Aldi Supermarkets Negligent - Free Sample

To prove the above issues, the analysis of the law of negligence is required. In Donoghue v Stevenson (1932), the law of negligence was analyzed for the first time wherein it was held by Lord Atkin that no harm must be caused to the consumer for the products supplied by the manufactures. So to prove negligence the basic requirements include: (RN Moles, 2016) Once proved, the defendant is negligent. But, if the defendant can prove that the damage which is caused to the plaintiff is not by the performance of the defendant alone but the plaintiff has also acted negligently and it is her negligence which has also resulted in the contribution of damage then the contributory defense can be availed. The liability of the defendant can be reduced proportionately Kalokerinos v Burnett  [1996]. It is submitted that the Aldi Supermarkets is negligent and must pensate Tamara. The negligence is established because of the following reasons: Thus, Aldi can be casted with the DUTY OF CARE that it must furnish against Tamara. So, all the above facts when applied to the case laws reveal that the Aldi Supermarkets is totally negligent in its actions because the duty of care is not furnish by its properly and which has resulted in causing loss to Tamara. But, Aldi Supermarkets cannot be held liable for all the losses and it has a defense of contributory negligence. Aldi can prove that though it has not catered its duty properly which has resulted in the loss of Tamara. But, the loss that is caused to Tamara is exaggerated by her actions as well. If Tamara would have not run very fast on the aisle of the supermarket in order to grab the chocolate knowing the fact that the market has frequent visitors and that some other customers is also approaching the chocolate section, then, the loss that is suffered by her can be reduced. Tamara has contributed because she ran very fast knowing the fact that it was a wet day and there are chances that she might get sip if she will run fast. Thus, Tamara has contributed to her own loss. So, Aldi can rely on the defense of contributory negligence. The Aldi has not provided adequate care to the market visitors and this breach of care has resulted in loss to Tamara. So, there is clear negligence on the part of Aldi. But, Aldi can prove that Tamara was also negligent in her actions and has contributed to her own loss by running fast on aisle on the wet day. Atkins et al. (2014) Ethics and Law for Australian Nurses. Cambridge University Press. Barnett K, (2014) Equitable pensation and remoteness: not so remote from the mon law after all’. P Latimer (2012) Australian Business law, CCH Australia Limited. R N Moles (2016) Law Reports, McAlister or Donoghue (Pauper) v. Stevenson (1932). Burnie Port Authority v General Jones [1994]. Naxakis v Western General Hospital (1999). Wyong Shire Council v Shirt  [1980].

MySofa.co.uk digital marketing plan Essay Example | Topics and Well Written Essays - 2750 words

MySofa.co.uk digital marketing plan - Essay Example These are some of the most critical aspects that have the potential to bring critical challenges in the company’s expansion plan. Among these factors some are controllable or manageable (like selection of local vendor, supply chain and logistics) while others are uncontrollable (like government restrictions). In the present situation we are required to create a digital marketing plan for the brand â€Å"My Sofa† by the renowned sofa company of UK, Stokers. Sofa reflects the taste and preference of the users and thus it makes significant furniture among others. Whenever a visitor steps into the house, he or she faces the drawing room first where they are offered seats. These seats leave an impression in the person’s mind about the owner of the house as well as about the other members of the house. Thus it is of utmost importance to place a suitable sofa in the drawing room that would help the outsiders to have an impressive inkling about the people staying within the house. My Sofa is a luxury brand that aims at capturing the attention of the aged generation who mostly prefer a traditional, classic and sophisticated look in their drawing room. The digital marketing plan would create an online platform for the buyers and sellers where the customers will be able to choose the perfect sofa for their house without even visiting the store. The main aim of the website is saving the time and effort of the modern customer base that mostly remain busy with their professions. The online platform would also prove to be helpful for the sellers since the transactions will get recorded automatically that would save their time and effort and this platform will also provide the sellers with the opportunity to offer customized products and service to their customers. A situation analysis and clearly defined objectives The furniture and furnishings sector of UK is a significant industry. It accounts for ?9.4 billion to the nation’s GDP, which is equiva lent to 1.7% of the manufacturing yield, and provides job opportunities to almost 116,000 people inside  8,180 firms. In addition, the business  recruits 17,000 people in dedicated furniture and furnishings wholesale and retail, 7,000 in leasing, 2,000  in repair and a section of the 42,000 listed professional designers (The British furniture Confederation, n.d.). The Sofa Market is estimated to be worth ?2.8b annually by industry insider reports. Of this it is thought that 30% (?850m) are ‘quality seekers’. These are aspiring consumers who are proud of their home. This group of consumers can be split into 3 sub-groups according to their family, age, income status and their relationship with children: 1. Young established shoppers within the age group 25 to 35. These shoppers mostly do not have kids. The audience size is 3.4 million. The sofa market size is 230 million pounds. This group is basically considered to be the youngest among the three groups with urban lifestyle and modern outlook. Their choice

Banks Deal with Documents and Not with Goods, Services or Performance Essay

Banks Deal with Documents and Not with Goods, Services or Performance to Which the Documents May Relate' (UCP 600, Article 5) - Essay Example Further risks are the economic climate in both the importing and exporting countries and the political stability of the countries, which affects the sale transaction and the degree of trust and confidence of each party in the other. As a result, banking regulations serve to lower or alleviate the risks that banks are exposed to and any disruptions and interruptions emanating from adverse economic and banking conditions. Additionally, banking regulations reduce the criminal risks to which banks are exposed, not to mention promoting and ensuring the confidentiality of banks.4 To reduce risks in international sales, in terms of the payment issue, the seller and buyer usually agree to settle through letters of credit. This essay seeks to explore Article 5 of the Uniform Customs and Practice for Documentary Credits (UCP 600) 2007, which reads as follows: â€Å"Banks deal with documents and not with goods, services or performance to which the documents may relate†. In fact, this Art icle is usually explored in regard to the letters of credit principles. Thereby, in the first part of this essay, the concept of letters of credit in the light of the UCP 600 will be revealed. Subsequently to that, the principles of letters of credit, which are autonomous and conform to strict compliance, will be discussed in the light of relevant cases. Finally, the way that fraud affects letters of credit will be examined in the light of relevant cases. 1. Letter of Credit and the UCP The importance of letters of credit to the current commercial society is evidenced by the many rules established to regulate and control its usage. These rules are called the Uniform Customs and Practice of Documentary Credits (UCP), which were created by the International Chamber of Commerce (ICC).5 Several commentators tend to accept this unification, such as Royston Goode, who describes it as â€Å"the most successful harmonizing measure in the history of international commerce†.6 In fact, the first version of these rules was drafted by the ICC in 1929. The rules were revised many times until the last version, UCP 600, was issued in 2007 and came into force on 1 July, 2007.7 Even though the UCP 600 regulates letters of credit, the legal status of these rules will not be considered binding until they are incorporated into the two parties’ contract, as it is mentioned in Article 1 of the UCP 600.8 Letters of credit, which are also known as documentary credit or banker’s commercial credit, is defined in Article 2 of the UCP 600 as â€Å"any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation†. According to this definition, a letter of credit has two characteristics. First, it is an irrevocable credit, which means that it cannot be amended or cancelled when it has already been communicated to the seller; under the previous UCP 500, credits co uld be