Todays Postal Rule Application - Free Essay Example

Sample details Pages: 5 Words: 1394 Downloads: 9 Date added: 2017/09/20 Category Advertising Essay Type Argumentative essay Tags: Communication Essay Knowledge Essay Did you like this example? It is usually said that not only the offer be accepted, but the acceptance must be communicated to the offeror. Where the parties are negotiating face to face, this present no problem since the acts or words which manifest acceptance will also communicate it. Where the parties are negotiating at a distance by post, telephone, telegram, telex, fax or messenger the principle obviously has important applications. (Dudgale, 1992) However in the case of postal acceptance, perhaps numerically the most common case, the rule is subject to an exception (Dudgale, 1992). It was decided in Adams v Lindsell (1818) that a postal acceptance was effective as soon as it was posted even if the letter is delayed, destroyed or lost in the post and it never reaches the offeror. On 2nd September, the defendant wrote an offer selling goods to the plaintiff and asked a reply by post. On 5th September the plaintiff received the letter and sent his acceptance by post. However the defendant had sold the goods to a third party on the 8th September and received the letter of acceptance by the plaintiff on 9th September. It was held that a binding agreement was made and the postal rule noted that the date of sending is the date of acceptance. (McKendrick, 2008) In Household Fire and Carriage Accident Insurance v Grant (1879), this rule was applied even when the letter of acceptance was inadequately stamped or wrongly addressed, and it is open to the offeror to say expressly that he will not be bound until he receive the acceptance. Moreover, in Holwell Securities v Hughes (1974), the Court of Appeal held that such a requirement could be implied from the nature of the contract (exercise of an option). Keenan, 2007) Meanwhile, modern forms of communication such as e-mail, telephones with answering machines and faxes do not follow the postal rule. (Kelly, Holmes Hayward, 2005). On the other hand the communication rule was applied to contracts of telex by the Court of appeal in E ntores v Miles Far East Corpn (1955) and by the House of Lords in Brinkibon v Stahag Stahl (1982). In these cases generally, the telex machines were in the offices of the parties and messages were sent during the office hours. Communication, therefore, was practically instantaneous as it is on telephone, which is assumed to be covered by the same rule. (Rose, 2008) The postal rule does not apply to the modern form of communication, also known as instantaneous communication because they occupy an intermediate position. This can be said that the time of acceptance is the time of receiving compared to the postal communication. However, courier service is still bound to the postal rule as the time of acceptance is the time of sending. Beale, Bishop Furmston, 2008) There are criticisms existed for postal rule. One of the criticisms of the rule is that it favours the offeree. The English case of Household Fire Insurance v. Grant (1879) is a prime example of the possible injustice whic h may result in the application of the postal rule. In this case, on receipt of an offer from Grant to take up an insurance policy, the company posted back their acceptance and the letter never arrived, so Grant was unaware of the acceptance from the company. It was held that a contract existed, and that he was liable to pay premiums. (O’Brien, 2007) This example shows how, through application of the postal rule, a party may be bound by a contract without actual knowledge of its existence. If the rule stated that the contract would not be formed until receipt by the offeror, injustices like this could be avoided. According to Furmston (2001), it would also have been acceptable as a ruling in the Adams v. Lindsell case as â€Å"the defendants’ offer would not be revoked by their sale to third party on 8th September. This statement underpins the fact that the ruling was an arbitrary one, which was needed to make certain the law regarding acceptance by post at the tim e. (O’Brien, 2007) Due to the high proportion of modern forms of communication, for example fax, registered post where receipt of acceptance is normally issued to the customer, and e-mail, the usage of the postal system in modern day business is waning. Electronic telecommunication, are the most common competition for the long established postal system. One of the earliest references of case law regarding electronic communications is Entores Ltd v. Miles Far East Corporation (1955). This English case deals with an offer which was sent via the plaintiff’s telex machine to the defendants in Holland. The plaintiff sent a telex message from England offering to purchase 100 tons of Cathodes from the defendants in Holland. The defendant sent back a telex from Holland to the London office accepting that offer. The question for the court was at what point the contract came into existence. If the acceptance was effective from the time the telex was sent the contract was made in Holland and Dutch law would apply. If the acceptance took place when the telex was received in London then the contract would be governed by English law. The English Court of Appeal held that the contract was concluded when the acceptance was received in London. This set a precedent which isolated electronic forms of communication from the authority of the postal rule. (Poole, 2008) The principles of the Entores case were approved by the House of Lords in the case Brinkibon Ltd. v. Stahag Stahl und Stahlwarenhandelgesellschaft GmbH. Lord Wilberforce declared that he would accept it as a â€Å"general rule †¦ but not necessarily a universal rule. He believed that to avoid the injustice that might be caused by universal application of the rule, cases regarding instantaneous forms of communication must be resolved â€Å"by reference to the intention of the parties, by sound business practice and in some cases by a judgment where the risks should lie. † This lack of an undeniable rule creates a margin for the types of cases which would otherwise be dealt with in an unjust manner. (Peel, 2007) Nonetheless, if an offeror provides an offer with an e-mail address for purposes of correspondence, the acceptance by the offeree is effective when it first becomes accessible by the offeror. This is a contemporary example of how the postal rule is being dispensed with in favour of the more liberal general rule as applied in Brinkibon. (Peel, 2007) Another criticism of postal rule is that the effects due to revocation of offer. Where an acceptance is posted after the offeror posts a revocation of the offer, however before that revocation has been received, the acceptance will be binding, as posted acceptance take effect on posting. (Kelly, Holmes Hayward, 2005) This point is illustrated in Byrne Co. v. Van Tienhoven Co. (1880), where the courts confirmed the long-standing idea that any revocation of an offer must be communicated to the offeree; al though again there are some exceptions to this rule. The offeror need to communicate this revocation to the offeree himself, however. It is not always practicable for a company, or even an individual, to communicate directly with the other contracting party and this is reflected in the decision in Dickinson v. Dodds (1876) that revocation may be communicated by a reliable third party. Kelly, Holmes Hayward, 2005) The question is then whether a revocation sent at the same time as an acceptance will nullify an offer. In Household Fire and Carriage Accident Insurance Co. v. Grant (1879), the court ruled that the postal rule only applies to acceptances. As a result, revocation is only effective if it can be received by the offeree before they post their acceptance. (O’Brien, 2007) In contract law, the offeror is aware of the terms of an offer before the offeree and thus is in a better position to know when that a contract may be created. It would therefore unjustifiably preju dice the offeree if the offeror were able to withdraw their offer even after a letter of acceptance has been posted. The postal rule reflects this state of interaction and goes some way to balancing the power levels between the two parties. (Kelly, Holmes Hayward, 2005) In a nutshell, judging by the criticism of the postal rule which it favours the offeree creating unbalance in justice and the effect after the offer being revocated, this postal rule of acceptance will not be applicable to modern forms of communication. 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The Ethics Principle Adoption For Working And Individual...

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Care in health,social or young peoples settings Free Essays

Hello there. I understand you are thinking of entering the care profession as a support worker. As a support worker we all have a duty of care to clients. We will write a custom essay sample on Care in health,social or young peoples settings or any similar topic only for you Order Now The duty of care is to ensure that we act in the best possible way to keep our clients safe from harm, while at the same time not taking away their independence or their right to make individual choices. T is to make sure they have the risks consequences explained to them in whichever manner they understand (written, verbal,flash cards, brail etc) Our duty of care ranges from helping to make or uphold sections about medicines to taking or making complaints making sure they are taken down In the suitable form reported to managers. If at anytime you are unsure abbot your competence in completing a duty of car, always tell some one or ask for help / extra training. If you fail in a duty of care it ends up going to court, you won’t have any defense if you knew you didn’t have the competence to fulfill the task. When becoming a care professional the duty of care affects our work role on a daily basis, the same as all professionals such as doctors, nurses teachers. People have a right to expect a level of professional support that will keep them safe from neglect harm. We are there to provide that support. The Code of Practice e the Mental Capacity Act 2005 should always be followed referred to. It Is also a duty of care to treat people with diddling respect. I hope this gives you an insight on your impending career change. Yours faithfully. Mrs. Aimed choosing the food she wants to will be harmful to her health, therefore I need to have a chat with her to try get her to understand the consequences of it. I with food. * Chat to Mrs. Aimed about her choices ask her to take into consideration her health offer alternatives. * Chat to the medical staff responsible for Mrs. Aimed diet see if an alternative could be found. 82 * My manager * Mrs. Aimed healthcare professionals * Mrs. Aimed care plan (past present)*l need to provide a duty of care to Leon to stop him from being exploited by his new friend. Ask staff at his social housing about the friend the console if Leon has mentioned it to them *Contact the friend explain to them that the console should be brought back as soon as possible. *l would be neglecting Leon if I didn’t help to get the console back. *Try to explain to Leon about him being vulnerable to new people that I am there to help protect him as best I can. * Advice from my manager regarding ho w far this needs to go in order to get the console back (maybe a police matter) * Advice from Leone supported living staff regarding any previous problems like this. To follow Health Social Care Act 2010 *National Minimum Standards complaints policy JIB *Complaint directed to Senior Taft member or manager of setting. *Complaints policy procedures *Time frame to deal with complaint *Complaints policy readily available to all customers, their families staff *Passing on the complaint to only those that need to be investigating it (Senior staff of manager) *Providing factual information as when required (remembering the time frame) *Help supporting people through the complaint procedure. How to cite Care in health,social or young peoples settings, Essays

Evaluating The Effectiveness Of Using Social Media Marketing Tool

Question: Discuss about the Evaluating The Effectiveness Of Using Social Media As A Marketing Tool. Answer: Introduction The research topic is presented to focus on the effectiveness of using social media as a useful marketing tool by the business organisations in the United Arab Emirates. The involvement of social is useful for presenting messages and information to a large group of audience, reach people of all ages and demographics, influence the two-way communication between both the customers and organisation, increase the web traffic and thereby enhance the brand image and awareness among the people. This could attract more people and influence their buying behaviour by making them aware of the products and services delivered through promotion on the social networking websites (Armstrong et al., 2015). Research question How could the social media marketing enhance the web traffic and attract more customers for the UAE companies to generate more sales revenue in business? Research hypothesis H0: There is no effectiveness of involving social media as an useful marketing tool for companies in UAE H1: There are various benefits of using social media as an effective marketing tool for the companies in UAE Research aim The aim of the research is to evaluate the effectiveness of using social media as a marketing tool by the companies in UAE. Research objectives To identify the impact of social media on the marketing activities managed by the organisations in UAE To evaluate the probable approaches for using the social media as a marketing tool To assess the benefits derived from using the social media as a useful marketing tool To recommend relevant measures for enhancing the efficiency of the social media marketing for UAE organisations Literature Review Social media marketing The involvement of social media platforms and social networking websites for promoting a particular product or service is known as the social media marketing. The social media marketing can allow the business organisations to use various analytical tools for tracking the progress and efficiency of engaging the ad campaigns to promote products and services quickly (Baruah, 2012). The social media marketing is also useful for addressing the various stakeholders in business and deliver messages to them with ease. Within the strategic level, the social media marketing enables to manage the marketing campaign, governance and develop scopes for increasing the brand awareness among people as well (Berthon et al., 2012). Advantages of using social media as a marketing tool The social media usage has enabled the businesses and individuals to communicate with each other and develop good relationships through online activities. By using social media, an online presence is created for increasing the web traffic and for influencing the buying behaviours of consumers too. The major advantage of using social media is that the products are marketed to large numbers of audiences present in various market segments. It can influence the ability to change the buying patterns and manage the acquisition of products and services with ease (Castronovo Huang, 2012). The social media websites are freely accessible, and there are more scopes for reaching the targeted market without much investment. Social media marketing enhances the brand image and loyalty among the consumers and collects relevant information about the consumers, which would further help in proper decision-making. Impact of social media marketing on increased web traffic The use of social media as a marketing tool has helped in reaching people from every market segments and demographics as well. It enhances the effectiveness of online marketing by encouraging two-way communication. This has allowed the customers to provide their queries in the form of comments on the social networking websites, based on which, the organisation could provide relevant solutions. Social media sites are free and are essential tools for providing good quality customer services too (Hays, Page Buhalis, 2013). The new launch of a product or service becomes successful, and it not only increases the brand awareness but also helps in gaining the trust and loyalty of customers with ease and effectiveness. Drawbacks Managing and updating the social media networks take a lot of time and money and are quite a daunting task. Negative comments and feedback provided on the website could lead to the bad reputation of the company and deteriorate the brand image and awareness too. There might also be threats of hackers who could obtain the relevant data and information of consumers and the organisation and disclose the private information too (Kwok Yu, 2013). Positive impact on consumer behaviour Social media marketing enhances the potential of the organisation to deliver products online and deliver the right messages to people regarding the new products and services launched. By providing information to the customers through social networking websites, they could think that they had been valued and this could create a positive mindset among them. This would influence their buying behaviour, and the company would be able to increase its sales revenue efficiently (Papasolomou Melanthiou, 2012). Methodology Research design Among the three different types of research designs including the exploratory, explanatory and descriptive, the descriptive research design is the most suitable. The descriptive research design manages the online survey and is conclusive. It is a preplanned research design that can help to collect data and then put those in a statistical form. It is suitable because of its ability to define the opinions, attitudes, behaviours and influences of a particular group of population (Scott, 2015). Population size The participants of research are the managers of the organisations and the customers who have provided their opinions and responses regarding the use of social media as an effective marketing tool. The sample size has been chosen as 50 customers. Data analysis methods The SPSS tool was used to analyse the collected data and represent those in graphical formats and tables for understanding those with ease. T-test will also be done for analyzing the hypothesis acceptability and derive proper outcomes. Survey questions Do you agree that social media has enhanced the brand image and awareness? Strongly Agree Agree Neutral Disagree Strongly Disagree What according to you is the most important advantage of using social media as a marketing tool in business? Enhances brand image Attracts more customers Generate more sales E-commerce Good online presence How can social media use attract more customers and retain existing customers? Enhances brand image Attracts more customers Generate more sales Makes people aware of the products and services Reach more customer segments Can the use of social media help the company to maximize its sales and profit level? Strongly Agree Agree Neutral Disagree Strongly Disagree How effective is the social media marketing tool for generating higher profit level in business? Effective Very effective Neutral Not effective Which of the company in UAE uses social media marketing most efficiently? Digital Farm Alsayegh Media Silverline Networks LLC SOCIALEYEZ McCollins Media Does the social media marketing create any impact on e-commerce transactions? Yes No Do you agree that social media is an effective marketing tool used by companies can help in gaining competitive advantage in business? Strongly Agree Agree Neutral Disagree Strongly Disagree Mechanisms to assure the quality of the study To maintain the good quality of research, the various literature and documents from which data were gathered had been genuine and authenticated. This also helped in the maintenance of reliability and validity of the research (Baruah, 2012). Ethical considerations None of the respondents was forced to take part in the research and all the research materials from which data were gathered had been appropriate and relevant to the research topic. Result From the research, it could be understood that the objectives that were stated earlier had been achieved and all the results had been validated and reliable as well. All the literature and findings match the research objectives, and it shows that the social media usage can act as an effective marketing tool for the business organisations in UAE (Berthon et al., 2012). Conclusion The proposal was developed to analyse the various findings of the research regarding the use of social media as an effective marketing tool in business. The aims and objectives were to determine the benefits derived by using the social media marketing while the literature review discussed the negative drawbacks and social media impact too. It showed that though social media could help business to reach more customers, negative feedbacks might even result in bad reputation and negative brand image. References Armstrong, G., Kotler, P., Harker, M., Brennan, R. (2015).Marketing: an introduction. Pearson Education. Baruah, T. D. (2012). Effectiveness of Social Media as a tool of communication and its potential for technology enabled connections: A micro-level study.International Journal of Scientific and Research Publications,2(5), 1-10. Berthon, P. R., Pitt, L. F., Plangger, K., Shapiro, D. (2012). Marketing meets Web 2.0, social media, and creative consumers: Implications for international marketing strategy.Business horizons,55(3), 261-271. Castronovo, C., Huang, L. (2012). Social media in an alternative marketing communication model.Journal of Marketing Development and Competitiveness,6(1), 117. Hays, S., Page, S. J., Buhalis, D. (2013). Social media as a destination marketing tool: its use by national tourism organisations.Current issues in Tourism,16(3), 211-239. Kwok, L., Yu, B. (2013). Spreading social media messages on Facebook: An analysis of restaurant business-to-consumer communications.Cornell Hospitality Quarterly,54(1), 84-94. Papasolomou, I., Melanthiou, Y. (2012). Social media: Marketing public relations new best friend.Journal of Promotion Management,18(3), 319-328. Scott, D. M. (2015).The new rules of marketing and PR: How to use social media, online video, mobile applications, blogs, news releases, and viral marketing to reach buyers directly. John Wiley Sons.