Monday, December 30, 2019
Chrysler LLC Business Failure Free Essay Example, 750 words
ï » ¿Chrysler LLC: Business Failure Introduction The Chrysler Group LLC is a corporation, which was established after the merger between Daimler and Chrysler in the year 1998. In the year 2007, Daimler sold Chrysler to renown Cerbus Capital Management. In the year 2009, after filing for bankruptcy, Chrysler Group LLC in its aim of establishing a global or a worldwide tactical alliance with Fiat S. p.A, which produces the following products; Fiat vehicles and products, SRT, Mopar, Ram, Dodge and Chrysler. Because of the alliance, the company now has resources, technology and a global distribution from the culture of advancement of Chrysler Group, which was laid down by Walter P. Chrysler in the year 1925, and the harmonized technology of Fiat, which can be dated to 1899. The following is a description of how organizational behavior theory, leadership, management and the groupââ¬â¢s organizational structures contributed to the failure and how they would have been used to predict and explain the companyââ¬â¢s failure. Reasons f or failure A partnership has been defined as a mutually beneficial and continual relationship between a seller and a buyer (Scott, 2007). We will write a custom essay sample on Chrysler LLC: Business Failure or any topic specifically for you Only $17.96 $11.86/pageorder now Scholars argue that partners would rather have a dependent relationship with each other rather than behave like enemies. Partnership develops in various forms such as mergers, joint ventures and the acquisitions. A company undergoing problems may utilize any of the above forms to gain organizational growth and enjoy a global presence (Hatch, 2006). The reason behind Chrysler failure was that its partnerships were formed solely on the basis of financial and economic information. It was not taken into account on the organizational cultures of each organization and how these cultures would operate as a cohesive organization. The organizational leadership, management and the organizational structures of each of companies should have been considered and aligned to ensure a cohesive unit/company (Stephen, 2004). According to Hatch (2006), organizational behavior involves, ââ¬Å"the analyses of the impact of persons, structures and groups upon the behavio r in an organization. â⬠Organizations are always undergoing revolutionary and unprecedented change. There is a speed in making decisions, technological and global competitiveness, mergers and the acquisitions, rethinking business processes and alliances among others. The reasons behind the failure of the company were a result of a complex combination of organizational, managerial and leadership factors.
Saturday, December 21, 2019
Globalization A Free Trade Phenomenon Essay - 866 Words
Globalization is ââ¬Å"the integration of states through increasing contact, communication and trade to create a holistic, single global system in which the process of change increasingly binds people together in a common fateâ⬠(Carey 2002). Some economists recognize globalization as being in the best interest of all states. While others believe that increasingly liberated trade and global economic interaction is necessary in many ways. While globalization marks a move toward a more open world-trading regime, it can also be linked to strains on sovereignty, workerââ¬â¢s rights, and the environment. ââ¬Å"Issues of globalization and free trade are surrounded by heated debate and controversy. Problems with contemporary free trade are rooted mainly inâ⬠¦show more contentâ⬠¦The WTO is governed by the rules of the GATT, however, the decisions it makes are binding, and member states are required to abide by its resolutions. Since its beginnings, the WTO has overseen international trade and has stimulated freer international trade across the globe. In addition, the establishment of the WTO has led to the formation of various other free trade areas across the globe. However, there are many people and politicians who are opposed to free trade and its implications. The North American Free Trade Agreement is a non-customs free trade association between the United States, Canada, and Mexico. NAFTA allows for goods to be traded freely between its member states with only minimal tariffs and restrictions. However, many feel that this is not in the best interest of our nation. For example, Ex-President Clinton requested fast track authority to negotiate an expansion of NAFTA. Congress refused Clintonââ¬â¢s request, and without a definitive vote on his treaty, he could not further negotiate an increase of free trade in North America. The reason for political opposition to free trade stems from the implications it has for the sovereignty of the United States. Whenever a state agrees to loosen its regulations, it relinquishes some power over international relations. Thus, the increased globalization resulting from freer trade is a source of political turmoil. ManyShow MoreRelatedEssay Creating a Better Future Through Globalization1536 Words à |à 7 PagesThe term ââ¬Å"globalizationâ⬠was known in the common vocabulary in the 1980. It is used to describe the increased movement of people, knowledge, goods, and money across national borders. It has led to increased interconnectedness among the worlds populations, economically, politically, socially and culturally (T. L. Friedman 6-14) . Even though globalization often is thought of in economic terms, this process has many social and political implications as well. The globalization of todayââ¬â¢s world throughRead MoreAnalyze Globalizations Impact on Singapores Development.1746 Words à |à 7 Pagesââ¬Å"A developed country is one that allows all its citizens to enjoy a free and healthy life in a safe environment.â⬠These are the wise words of Kofi Annan, former Secretary-General of the United Nations. Thus, there are a set of tangible criteria to help determine the development of a country, of which economic criteria tend to dominate, with indicators such as th e Gross Domestic Product (GDP) as well as other social and security needs of the people, with the recent Human Development Index (HDI) whichRead MoreGlobalization : A World Wide Movement Essay1267 Words à |à 6 PagesGlobalization is a phenomenon, a world wide movement where nations and communities come together and form a network. Throughout the course we explored the integration and interdependence of various nations, which ultimately shapes world affairs on a global level.Evidently, growth of the developing countries is the main cause of globalization and it brings both opportunities and disadvantages to them. There are numerous ways in which globalization has impacted the world today.The course also createdRead MoreGlobalization Has Changed The Economic Condition Of A Country Or The Lives Of People995 Words à |à 4 PagesGlobalization is a communication and connection between person-to-person, local-to-local and nation-to-nation to preserve and develop trade, technology, education, and etc. There are a couple aspects of globalization to count on, but this essay will be focusing on one specific dimension of globalization. Mostly, this essay will examine economic aspect of globalization as well as it will conduct a research: how globalization has changed the economic condition of a country or the lives of people. MoreoverRead MoreLiterature Review Of Globalization989 Words à |à 4 Pageshas given an insight into the concept of globalization, and the understanding of several academics in the light of how this phenomenon developed over the years. It is then essential to cover what the ec onomic benefits of globalization are, and how these may impact a sector or company. Most of the literature studyââ¬â¢s that have been written on the economic benefits of globalization have been after 2006. The reason is because the studies used the globalization index which was created by Dreher (2006)Read MoreGlobalization Is The Process By Which People, Cultures,1476 Words à |à 6 PagesGlobalization is the process by which people, cultures, ideas, and goods are spread across the world, stimulating the synergy and assimilation of world economies and governments. It references a global economy built on free trade and the use of foreign labor markets to capitalize on revenue, along with the movement of people, ideas, and knowledge from sea to shining sea. The study of history shows us that globalization is not a new phenomenon, rather it has been occurring for centuries. Whether oneRead MoreGlobalization Has Destroyed the Middle Class907 Words à |à 4 Pagesoutsourcing phenom enon has been fueled by the recent trends in globalization, with the hope to cut cost and increase production. Globalization was intended to benefit the world economy, but the wage difference among different globalized countries has promoted a negative aspect of outsourcing. If wage equality can be achieved among the countries, globalizationââ¬â¢s full potential can be achieved. Although it is becoming a rising topic, globalization is not new. The concept of globalization has existedRead MoreGlobalization Is The Buzzword Of Today1362 Words à |à 6 PagesGlobalization is the buzzword of today. The economies of the world are being increasingly integrated. Mobile phones and Internet have brought people closer. The world is becoming a smaller place. Goods, which were once confined to western countries, are available across the globe. Work can be outsourced to any part of the world that has an Internet connection. Because of improvements in traffic infrastructure one is able to reach one s destination in a relatively short span of time. GlobalizationRead MoreThe Pros and Cons of Globalization Essay1680 Words à |à 7 PagesGlobalization. Everyday you hear it on the news, you read it in the newspaper, and you overhear people talking about it- and in every single instance the word globalization seems to have a different meaning. When I hear of globalization I t hink of the whole world coming close together in all phases. I tend to think that we as human beings are breaking down barriers that have been protected or guarded. For instance, I initially thought of the progress we are making in the communication aspect. SoRead MoreGlobalization Is A Positive Way Or Negative Way?1034 Words à |à 5 Pages3rd Dec 2015 Essay on Has Globalization Changed Global Politics in a Positive Way or a Negative way Globalization- Positive or Negative Globalization is one of the 21st centuryââ¬â¢s most important politics topic. I have heard the term globalization in my economics lecture and in political debates. Some of my friends argued when I asked them if globalization is changed global politics in a positive way or negative way. Some of them argued saying that globalization is a positive development
Friday, December 13, 2019
I.T. Tools for Remote Communication Free Essays
CAPE INFORMATION TECHNOLOGY UNIT TWO MODULE TWO ââ¬â I. T. TOOLS FOR REMOTE COMMUNICATION USE OF INFORMATION TECHNOLOGY TOOLS TO ACCESS AND COMMUNICATE WITH REMOTE INFORMATION SOURCES Information technology ââ¬â the tools and techniques used to process and communicate information Remote information source ââ¬â information held in or on a computer or other medium which is not located in the same physical location as the person wanting access to this information. We will write a custom essay sample on I.T. Tools for Remote Communication or any similar topic only for you Order Now In order to access remote information sources one will need a tool or a set of tools which are both hardware and software. The following is a list of such tools ââ¬â some hardware, some software, some both: Communication software ââ¬â programs used to provide remote access to systems, and exchange files and messages in text, audio and/or video formats between different computers or users. Communication software runs on computers, tablets, mobile phones and other specialized devices. Some examples of remote communication software are terminal emulators, file transfer programs; instant messaging programs, real time chat programs (IRC), teleconferencing and video conferencing software, and email programs. Browsers ââ¬â short for web browser ââ¬â a software application used to locate, retrieve and also display content on the World Wide Web. The content handled by web browsers includes text, images and video. A web browser is made up of HTML code and operates under the HTTP (hypertext transfer protocol) Email systems ââ¬â software for creating, sending, receiving and organizing electronic mail. Modern desktop email clients like Microsoft Outlook, Windows Live Mail and Mozilla Thunderbird offer advanced features for managing email, including WYSIWYG editors for composing email messages, anti-spam and anti-phishing security protection, advanced search capabilities, and rules and filters for more efficiently handling and organizing messages and email folders. A large number of online email services, called webmail, exist with features and functionality for managing e-mail similar to their desktop email software counterparts. Some of the more popular online email services are Yahoo! Mail, Gmail, Hotmail and AOL Mail. Email systems also need an email server which is a computer configured to be the email post office with the task of managing the email service. It receives stores and dispatches email messages to and from email addresses. Facsimile systems ââ¬â A facsimile machine is a device that can send or receive pictures and text over a telephone line. Fax machines work by digitizing an image i. e. dividing it into a grid of dots. Each dot is either on or off, depending on whether it is black or white. Electronically, each dot is represented by a bit that has a value of either 0 (off) or 1 (on). In this way, the fax machine translates a picture into a series of zeros and ones (called a bit map) that can be transmitted like normal computer data. On the receiving side, a fax machine reads the incoming data, translates the zeros and ones back into dots, and reprints the picture. A fax machine consists of an optical scanner for digitizing images on paper, a printer for printing incoming fax messages, and a telephone for making the connection. Telephone ââ¬â colloquially referred to as a phone, the telephone is a point-to-point telecommunications device that transmits and receives sounds, usually the human voice. Itââ¬â¢s most basic function is to allow two people separated by large distances to talk to each other. A business telephone system is a system where multiple telephones are used by businesses in an interconnected fashion that allows for features such as call handling and transferring, conference calling, call metering and accounting, private and shared voice message boxes, etc. A business telephone system can range from just a few phones in a small business up to a complex private branch exchange (PBX) system utilized by large businesses. Business phone systems can function over the Public Switched Telephone Network (PSTN) and/or over the Internet (Internet telephony or VoIP). Business telephone systems can also be delivered as a hosted service (typically referred to as a centrex), which can free companies from having to invest in costly equipment. Mobile telephones ââ¬â many individuals no longer have a landline and have turned to mobile computing for all their telephone needs. Young people especially do more than half there communicating using a cellular phone which allows them to not only have voice calls but to send text messages Pager ââ¬â A pager is a small telecommunications device that receives (and, in some cases, transmits) alert signals and/or short messages. This type of device is convenient for people expecting telephone calls, but who are not near a telephone set to make or return calls immediately. A typical one-way pager fits easily in a shirt pocket; some are as small as a wristwatch. A miniature, short-range wireless receiver captures a message, usually accompanied by a beep. The simplest one-way pagers display the return-call telephone number of the person who sent the message. Alternatively, a code can be displayed that indicates which of several designated parties is requesting a return phone call. Sophisticated one-way pagers can display short text messages. Until recently, pagers were designed as receive-only devices. However, despite the engineering challenge, a two-way pager, also called a two-way messaging device or two-way interactive system, has been developed. A typical unit is about the size of a pocket calculator and has a built-in, miniature keyboard and a liquid crystal display (LCD) screen that can display several lines of text and/or simple graphics. Mobile phones have replaced pagers for most users. However, because they are reliable in some situations where mobile phones are not, pagers are still widely used by essential services personnel, such as those in the medical and emergency-related professions. New uses for pagers have also arisen. For example, restaurants often use pagers to let customers know when their tables are ready. Computer ââ¬â The transmission of data from one computer to another, or from one device to another is called data communication. A communications device, therefore, is any machine that assists data transmission. The computer is one such principal machine. For the computer to assist in communications it must be running programs that make it possible to transmit data i. e. communication software. Word processor, spreadsheet, presentation software, desktop publishing software ââ¬â these productivity tools can be used to create, edit, and print documents. While of all computer applications, word processing is the most common, the product of the others can also be printed. The output from productivity tools can be snail-mailed, emailed, uploaded to websites, and communicated using other www technologies Internet Tools Interactive online services ââ¬â is a business that provides its subscribers with a wide variety of data transmitted over telecommunications lines. Online services provide an infrastructure in which subscribers can communicate with one another, either by exchanging e-mail messages or by participating in online conferences(forums). In addition, the service can connect users with an almost unlimited number of third-party information providers. Subscribers can get up-to-date stock quotes, news stories hot off the wire, articles from many magazines and journals, in fact, almost any information that has been put in electronic form. Of course, accessing all this data carries a price. Three of the largest online services are America Online, Compuserve and MSN. telnet ââ¬â terminal emulation is a program for networks that connects pcs to the server on the network and allows one to enter commands on the pc and have them executed directly on the server as if one was sitting in front of the server. This enables you to control and communicate with other servers on the network. Telnet is a common way to remotely control Web servers. As this is a service that allows local computers to control remote computers, technical personal in organizations can use it to troubleshoot problems in other branches and hackers use these kinds of programs to connect to and control servers on unsecured networks. ftp ââ¬â Short for file transfer protocol, this is the protocol for exchanging files over the Internet. FTP is most commonly used to download a file from a server using the Internet or to upload a file to a server (e. g. , uploading a Web page file to a server). The owners of website rarely host them themselves. But maintaining the content of the website is still up to them. They create the new content for their websites on their local machines. They then use an ftp program to connect to and upload and download the files from their website on the remote server to and from their local machine. When they have completed this task we can then see the new pages on their websites. You can access FTP sites by two different methods: either directly through your web browser, or using an FTP application (such as Winsock FTP). Both methods require a logon procedure. Some FTP sites allow anonymous login and allow you to enter your email address as a password. Other FTP sites also allow anonymous login but require a special password (such as ââ¬Å"guestâ⬠, ââ¬Å"visitorâ⬠, or other password. ) Still other sites have restricted login and passwords limited to specific people or groups message boards aka bulletin board system (BBS) ââ¬â An electronic message board is a computer running software that allows users to log in and perform functions such as uploading and downloading software and data, reading news and bulletins, and exchanging messages with other users. Message boards allow threaded conversations in which the comments on a posting are attached to that posting in an indented manner. Message boards for example can be for a class in which students get to communicate with each other and the teacher and discuss assignments and class material. It is often used in this manner in on-line courses. newsgroups ââ¬â This is a special interest online discussion group or forum where one can post and reply to posted messages on particular topics. It is like a public message board but with the topic of interest pre-selected by the person who set up the newsgroup. Users are required to subscribe to a newsgroup. mailing list ââ¬â while any individual or company can have a mailing list in their email the formal definition of a mailing list is a list of people who have subscribed to a particular service and have given permission for their contact information to be released to anyone who provides this service. Newsgroups e. g. will have a mailing list to whom they send notices when something changes in the newsgroup. internet telephony refers to communication services such as voice, fax, SMS and/or voice messaging services which are transported via the internet instead of the public switched telephone network. VoIP ââ¬â voice over internet protocol is a slightly broader term which covers voice communication over any IP network. How to cite I.T. Tools for Remote Communication, Essay examples
Thursday, December 5, 2019
Business Construction Companies Clough Ltd Australia
Question: Describe about the Business Construction Companies for Clough Ltd Australia. Answer: 1 (A) The company that will assist in the understanding of this solution is Clough Ltd Australia which is a construction company. From the outset the compliance strategies will be contained in a competition and consumer compliance document that will available at the companys website and a hardcopy of it will also be available at each of the company office. The document will also be a must have document for every staff and management of that they can clearly understand the companys compliance Product safety The company will outlay the various steps it has taken and it usually applied to ensure that the standards of the products and services have met the minim requirements provided by the Australia consumer and competition. In the product safety discussion, there will also be an assurance that that is given to the consumer that the product is of the required standard and quality. This will act as a guarantee on the safety of the product or services that are supplied by the company. Staff Training The employees of the company will be given a specialized training that is aimed at ensuring that they are equipped with the skill to meet consumer satisfaction. The training will also be aimed at training the employees to avoid anticompetitive behavior that can easily ruin the reputation of the company. Complaint Handling It is always very vital for any company to have a mechanism that will ensure they get a feed back from the consumers. The company will also invest in a feedback mechanism that will ensure that the consumer complaints are addressed. Other than where there are complaints from other companies concerning the anticompetitive behaviors the company will also outline a mechanism on how such problems will be handled. Q1( B) Product safety It is submitted that without an assurance on the quality and safety of the product, consumers will shy away from using the services or products of this company. It is therefore necessary to ensure that the consumers have confidence in the quality and safety of the products of the company. Staff Training Training is vital in the sense that the staff of the company will ensure that they avoid doing certain things that may not be allowed by the company policies and also by law. This will prevent suits that may be launched against the company for vicarious liability due to the actions and omissions of their staff members. Complaint Handling The company will only grow if it learns to accept corrections and better its service. Through an effective complaint handling strategy in the company the, they will also be able to avoid legal suits because some complaint that are brought by consumers are justiciable in court of law. 1(C) Effective management of Resources The management should ensure that the resources that are available at reach are used to ensure compliance. The highly specialized and skilled personnel should be used to ensure that the product safety in the company is not questionable. The legal resource that is available should be used to ensure that not to fight legal claims for non compliance but to ensure that they bring the company to understanding of the legal implications of non compliance and thus prevent the numerous legal suits. Practical compliance The company management should ensure that there is practical compliance and not a theoretical one that is only a command on paper. Real compliance ensures that every individual has abided to the compliance guidelines that are set out in the policy documents of the company. Identifying Risks The management should also ensure that they identify the possible risks that are likely to affect the company and ruin its reputation. Risk management and assessment ensures that the management does not invite negligence actions for a breach of duty of care. Where the company does not foresee the harm that may be caused to persons that use their product or services them likely to suffer costs in form compensation that may have to pay to claimant in legal actions. The company should also be able to identify areas of legal risk, for instance where they have failed to comply with legal positions concerning (2) Preliminaries Negligence is the law that obligates an individual not to put other individual in a position that they will be harmed by a foreseeable risk that is caused by ones acts or failures. In Donoghue v. Stevenson, (1932) the court said that we should have our neighbors in mind whenever ones actions are likely to affect them. It was in this case that that the settled precept of the neighbor principle was brought to life. Lord Artkin defined a neighbor as the person who has the high chances of being affected by ones acts or failures. For Loki to bring a successful civil action claim in negligence against Bungee World Ltd. he must prove on a balance of probability that the desiderata for negligence claim are satisfied (Grant v Australian Knitting Mills, 1936). Proof of Duty of care Firstly, Loki must prove that there was a duty of care the Bungee owed him as a client of their service. The court in Caparo Industries v Dickman (1990) clearly set out the principles that establish the duty of care in three stage form. From the outset the, Loki must show that he kind of harm that he suffered was foreseeable and there it could have been avoided if Bungee exercised their duty of care (Kent v Griffiths, 2000). Loki as the claimant in this case, must also show that he was within the vicinity that the defendant actions will be likely to affect him (Home Office v Dorset Yacht Club, 1970). By looking at the circumstances of this case form the face value it can be inferred that Bungee owes its clients a duty of care. However, it bears noting that in the form that the Loki signed there a clause that excluded Bungee from any liability incase of harm, death or injury. Exclusion clause The general law in contract law is that once an individual signs a contract, they are bound by the terms in it even in circumstances that they did not read or understand the contract (L'Estrange v Graucob, 1934). This position is not absolute since where the defendant did not give sufficient notice of the exclusion clause or unfair term they can not rely on the term to avoid liability. The defendant must have taken certain measures to ensure that the claimant is aware of the existence of any unfair term or exclusion clause (Thompson v LMS Railway 1930). Proof Breach of Duty and Causation A claim in negligence will not be successful if the defendant was not the cause of the harm that was the claimant suffered. The claimant must show that Bungee breached the duty of care that they owed him and as a result he was harmed. In Barnett v Chelsea Kensington Hospital (1968) it was held that, while the claimant duty is to prove causation the defendant will also have to prove that the harm was bound to occur anyway albeit they did not exercise any precautions. Possible defenses for Bunge Bungee will avoid the liability ion this case if they can rely on the following given defenses; Volentis non fit injuria It possible that Bunge can argue that the claimant brought themselves to the harm that they suffered. The mountain in this argument is that it may be contrary to logic and reason that someone will willingly bring harm to themselves where the intention was to enjoy a service that an implied condition exist that it will be of quality. Contributory Negligence Bungee world limited may also claim that the claimant was also liable in this case since he may have failed to observe the necessary instructions that given during such activities. It is important to have in mind that in contributory negligence the defendant is not exonerated from liability absolutely. Both the claimant and the defendant become jointly liable for the harm or injury that the claimant has suffered (Revill v Newbery 1996). Remedies It is submitted that if Luke proves to the satisfaction of the court that Bungee is liable for the tort of negligence the court will award the following remedies. General damages Loki claims that he has suffered a nervous shock as a result of the incident. The appropriate damages that can be awarded in this case is an award for General damages which are damages for non economic loss such as pain and emotional distress. This award of these damages relies on the discretion of the court though by dint of the Civil Liability Act 2002 of Australia there is a limit that has been place fro the amount of damages that can be awarded fro this type of damage. Special damages These are damages for economic loss such as medical expenses and the loss of expected income due to the harm that the claimant has suffered as a result of the harm cause by the defendant. If Loki shows that apart from the nervous shock suffered he has also suffered physical harm that requires medical attention and also he cannot attend to his daily work, medical expenses that will be incurred in treating the injury and the loss of income in the days that he was forced to be away from work due to the injury, will be awarded as special damages. (3) National Employment Standards The National Employment Standards (NES) have been espoused in the Fair Work Act (2009) which governs the employee-employer relationships in Australia. All contracts that are related to employment are required to abide by these standards. The standards set out the very basic and minimum working conditions that should be observed in any working environment in Australia. When the NES were introduced the Australia workers had a reason to be happy because it set the set the minim wage that should be paid to any employee in Australia. According to majority of the employees these was a success because they were now free from the harsh working conditions that employers used to impose. What is even more fascinating is the fact that the mandatory equipment for any place of work in Australia. Ensuring Compliance Among the provisions that are provided in the NES code include the maximum number of hours that one should work in a week, parental leave and compassionate leave . To enable the company that has been identified in port one complies with the NES it is prudent that it incorporates the principle of individual bargain between the employers and the employee. Individual bargain is a flexible mode or ensuring that the employer and employee negotiate on the terms of employment. The bargains are regarded as of more value to employees because they are free to bargain for higher wages than those set in the NES. Individual bargain is a concept that was brought by the Work choices Act (2005). However, the bargain should not contravene the NES by negotiating for minimum standards than what is set. The employers can also use collective bargain as a form of ensuring that the NES are complied with where the employer unions and the employee unions negotiate on the standards that should be applicable w hich will not at all be below those in the NES. It is of interest to not though that unions appear to have even extinguished in Australia. (4) Unconscionable conduct Unconscionable conduct is one where a party with superior knowledge on a product in the market takes advantage of the one without such knowledge to exert pressure on them so that they can buy the product or service. The court in Google Inc. v ACCC (2013) held that the advertisements that were made by Google were misleading and deceptive and noted that such a conduct was contrary to the Australia Consumer Law. The Australia Consumer Law provides in Section 20 that a person should not conduct themselves in an unconscionable manner whenever they take part in any trade or commerce. Unconscionable conduct has corrosive effects than just mere statements duress or undue influence. It is submitted that for Rebecca to prove unconscionable conduct she must apply the conditions that have been set under Australia consumer Law section 21(2). Firstly, the party that has conducted them in an unconscionable manner must have been aware of the fact that the other party had no idea of the products and functionality (ACCC v Radio Rentals Ltd 2005). Rebecca is an elderly woman and she has moved from Italy but her English speaking skill is not good. Dave a plumber takes advantage of this fact to exert pressure on Rebecca so that she can use his plumbering services and goods. Secondly, it must be shown that there was a clear difference in the power of bargain as one of the parties had the higher power. In this case, it is not in doubt that Dave had a higher bargain power. In Kakavas v Crown Melbourne Ltd (2013) the court of appeal held that the claimant understood the presentations and had reasonable opportunity to make an informed decision. Remedies As stated Rebecca is worried and she wants to end the contract. It is advised that she may apply for the following remedies after she has shown the above set legal principles. Rescission If Dave is found to be culpable of unconscionable conduct the agreement will be rescinded and the parties will be restored back to their precontractual position. If Rebecca comes to learn the truth about the price and nature of the services that Dave offered but waives her right to sue, the she will lose her right to rescind the agreement (Long v. Lloyd, 1958). Damages Rebecca can apply for damages will put her back to the position she was in before they entered into the agreement. (Smith New Court Securities Ltd. v. Scimgeour Vickers (Asset Management) Ltd, 1997). In this case the damages will be awarded to Rebecca fro the financial loss that she has suffered as a result of procuring the services of Dave. References Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48 Australia Consumer Law 2010 Australian Competition Consumer Commission v Radio Rentals Limited [2005] FCA 1133 Barnett v Chelsea Kensington Hospital Management Committee [1968] 2 WLR 422 Breen C, Andrew S, 2010 Labor Law Federation Press, Caparo Industries plc v Dickman [1990] UKHL 2 Civil Liability Act 2002 Donoghue v Stevenson [1932] UKHL 100 Fair Work Act (2009) Google Inc v ACCC [2013] HCA 1 Grand Public SA v British Sky Broadcasting Ltd [1995] EMLR 472 Grant v The Australian Knitting Mills ([1936] A.C. 562 Home Office v Dorset Yacht Co Ltd [1970] UKHL 2 Kakavas v Crown Melbourne Ltd [2013] HCA 25 Kent v Griffiths [2000] 2 All ER 474 L'Estrange v F Graucob Ltd [1934] 2 KB 394 National Employment Standards (NES) Revill v Newbery [1996] 2 WLR 239 Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd [1996] UKHL 3 Thompson v London, Midland and Scotland Railway Co [1930] 1 KB 41 Work choices Act (2005
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