Toyota Case Essay Example for Free

Toyota Case Essay 1) For a long time there has been an alignment of Toyota vision with both Japanese culture and national and international stakeholders. This alignment can be seen in our opinion according two different perspectives: from the innovation activity and from the social responsibility (attention for environment). Referring to the innovation of the product process, Toyota has always been one of the leader in creating high-level cars both from mechanical and electronic aspect as it is typical of Japanese economy. The Japanese business is traditionally known at a global level for its profitable performance concerning the management of electronic and mechanical activities. From this point of view there was a perfect alignment between internal and the external vision. In relation to social responsibilty, the Japanese culture shows a great concern on energy conservation and environment, that is the reason why Toyota has traditionally supported these aspects in the car production process. In 1998, Toyota received an important award for the production of Prius ( the world’s first passenger vehicle in mass production powered by a third power train system). The introduction of Prius in the market, allowed the company to make a clear statement on its commitment of environmental protection. During the following years, the company gained many awards and leader position in environmental technology field. Recently, in relation to these two perspectives of analysis, a misalignment can be verified for the following three reasons: 1) Toyota has focused too much on cost control and economies of scale, leaving out esthetic and design aspects, creating too much standardized cars ( a same kind of product all over the world). In this case we found the first gap because of the different expectations of the worldwide stakeholders in comparison with Japanese and Toyota culture , particularly talking about European customers who care about design much more than the others. 2) The strong attention on cost control and economies of scale policy , has created a lot of technical troubles that forced the company to recall a huge amount of cars from the market. As consequence the company lost a lot in term of reliability. Here we faced a gap between vision and image (In the vision they really support the safety part but the collective image is far from that). Considering the worldwide market and international stakeholders, we think that there has been a misalignment on American customers who are interested in technical aspects more than esthetics. The final point of the misalignment has been caused by the exaggerated focus on energetic conservation, so the company produced no high performing cars in order to satisfy international customer’s requirement. For instance, in 2009, Toyota had so poor performance in F1 that the company decided to withdraw from F1 with immediately effect. In order to address this GAP, we believe that Toyota should: first of all, adapt his products to international market, giving special consideration to esthetics and design. be more focused on customer’s requests, that consist in high performing and environmentally friendly cars at the same time. Moreover, since the break problem that obliged Toyota to recall a big amount of cars from the market. 2) We would change the communication strategy into the following two directions: a) A traditional way, based on incentive messages focused on energy conservation connected to the concept of safety and brightness cars, in order to retrieve the loss of company credibility. A lot of marketing activities can be organized such as: o planning amateur competitions that involve young people with their own cars at an international level; o planning events or competition characterized by the participation of sport champions (like F1 drivers) o arrange Visitor Centers, based in the regional headquarter country, in order to give customers the chance to drive cars and to understand the topic of energy conservation o promote â€Å"green days† o partnership with environmental friendly organization (like WWF) b) An innovative way, using guerrilla or tribal marketing techniques. In several ways such as: o Use social networks for empowering the costumers to decide on specific aspects as internal design, colors, extra services, [†¦] of their cars offer. Doing this thing, they will be available to focus on the costumer and not only on the product as they always did. o During holydays such as Easter or Christmas, make people drive specific cars by organizing spectacular race trucks, enriched by music and light effects. The event should be introduced by well-known personalities, as signers, actors, sportsmen. o Promote musical or sport-events for young people, such as concerts, championships and matches. o Create partnerships with tour-operators to promote specific cars during adventures trips, like safari. o Transform their headquarter in a tourist attraction, thanks to the partnership with local and international tour operator that promote day trip in the company. o using cars during appealing movies for young people (like Mini in ‘’The Italian Job’’) o Use amusement park as a stage for car shows, parades and games. 3) Most of the crisis response strategies applied in the report by Toyota, belong to reducing offensiveness category. Even if the company seems to be aware of its responsibility, it never used mortification quotations. In our opinion, the document we`ve analyzed, is characterized by the following strategies: MINIMIZATION: CORRECTIVE ACTION: GOOD INTENTIONS: 4) We can affirm Toyota acted in a good way in minimizing in order to not damage the company image more. Moreover they could have improved corrective actions and provide their customers with facilities, like substitutive-cars during the fixing period of the damaged ones. Even if they did well in minimizing the event, they could have shown more mortification, not only for the damage itself, but also for the waste of time and the other troubles related to it. They could also have adopted a denial strategy (shifting the blame) by giving responsibility to the specific divisions in charge of the production of defected components; consequently they could have renewed the responsible divisions or made an outsourcing agreement for that. Regarding the good intentions, they could have provided more detailed information about their future control and safety standards. Another good strategy, could have been ‘’attack the accusers’’, trying to focus on the main competitors that were taking advantage from their crisis. Finally, according to what we read in the case study, we`d have expected a more customer oriented behavior. ITALY According to Italy Toyota starter two different recall campaigns: the first one recalls 260. 000 cars with accelerator pedal problems and the second one 2500 Ibrid car with brake problem. In order to fix the first problem the company sent letters to the 26000 clients involved in this problem; the letters contained all the information regarding how to get the appointment with the car retailer in order to fix the problem (fixing time about 30 minutes). The second recall concerned the Prius models which had some ABS problems on 2500cars; they used the same technique and the time to fix took about 40 minutes. Toyota provided an assistance number(gratis): 800 869 682 available 24h/7d, useful to know if the car is involved in the problem and to know technical details. The A. D. of Toyota Motor Italy, Massimo Gargano, stated â€Å" Toyota as a world leader for sales volume and quality reputation has to accept to be criticize facing this problem. We have to underline that the company decide to recall all the car just to satisfy our costumers expectations and make them sure about the safety of the product†, he also underline that â€Å"regarding the accelerator pedal problem we chose to recall 1. 800. 000 cars even if only 26 really faced this problem† . CONTACTS: Edoardo Caccin Valentina Cruciani Carminia Lucariello Lucrezia Zambelli Marco Zavatta [emailprotected] com [emailprotected] com [emailprotected] it lucr3zia. [emailprotected] com dott. [emailprotected] com.

Pattern and Sequences of Child Development

Pattern and Sequences of Child Development Introduction Before birth, after and until adulthood children grow and develop continually. They follow an expected pattern of development to reach a stage to the next. However, we observe that each children develop at their own pace of time. With some children there may be delays in their pattern of development. In general, the pattern is seen in the growth of the body from head to toe, then the building of muscles to gain control on the body and then the formation of speech and the emotional responses are acquired. In order to describe the developmental process of the child, practitioners should base their observations on the following area of development; Physical Development This area of development studies how children acquire the below physical abilities to perform certain activities. Gross Motor Skills – These are movements made by large limbs such as kicking a ball, pulling a heavy object or throwing an object. Fine Motor Skills – These are fine and precise movement shown when holding a pencil correctly, retrieving a tiny object from the floor. Locomotive Skills – These are skills for balancing the body such as walking on a line, standing on one foot for a few minutes. Cognitive Development This area of development describes the intellectual development of the child. Children show a profound development in receiving, retaining, processing information. They are learning to think logical and understand. They are able to form imagination and learn problem solving skills. Communication Development This area of development considers the ability to communicate information in the form of speech, verbal and non-verbal, reading and writing, asking questions, discussing and gestures through body language. Social and Emotional Development This area of development deals with children’s ability to express their feelings and emotions. It also includes forming relationships, self- identity, social behaviour as how to speak courteously, caring for oneself and others and also how to deal with their emotions. Moral Development This area of development is closely related to the Social and Emotional Development. Here children are able to learn how to distinguish between right or wrong activities, how to react and behave towards others, how to make the right choices and they develop abstract moral reasoning. Researchers have observed that the development of children follows an expected stage in the form of time spans. This is referred to as Four Stages of Development according to Maria Montessori. First Plane of Development (0-6 Years) – The Period of Infancy 0-3 Years The human baby is fully dependent on the adult for its movement and interpretation of his needs, unlike other species of beings that are able to walk or make same kind of noises like their adults, almost immediately after they are born. The human child can only express by crying. Physically the child is disproportionate, for example, the child’s head is much larger in proportion to the whole body. By the age of three the child is significantly more independent and although physically still disproportioned the child has acquired movements, if not perfect but reasonably coordinated. 3-6 Years During this period the child of three although more physically proportionate than the child between birth to three, the child is still perfecting his coordination of movements. The Absorbent Mind along with the Sensitive Periods is still functioning, the child is absorbing all the impressions that surround his environment; however he is now able to question and reason before he accepts what he sees. The period between three to six marks the period of expansion, consolidation and completion. The child during this period is attracted to more challenging activities and his hands, Maria Montessori refers to as â€Å"the instrument of his intelligence† aids him to explore his environment sensorially. The child is ready for an environment outside his home; however â€Å"Help me to help myself† is his exclamation. Second Plane of Development (6 – 12 Years) – The Period of Childhood At this stage the child is physically independent and is stronger. The child constantly engages in activities to test how strong, fast, daring and challenging he/she is. The infant soft hair disappears and the first tooth falls. The child becomes slim, lean, limbs become larger showing proportion of an adult. There is mental and physical stability, a uniform growth. The period is characterised by reasoning and imagination. The child builds a bridge towards abstract thinking. The child seeks for intellectual independence. The motto here is â€Å"I can think it myself.† This is the period when the child is attracted to peer groups, what Dr Montessori refers to as the â€Å"Herd Instinct†. Normally, this group is of same sex. The group gives sense of belonging and tend to dress alike. They develop a feeling of loyalty. There is constant seeking of approval for their actions. The group consists of a leader, person second in command and the followers/doers of tasks, what is termed as â€Å"dog’s body†. They form a mini-organisation and establish strict rules and maintain intimate secrets. Dr Montessori believes that influence of such group is so essential that it prepares a child to perform grown up tasks efficiently, it develops the spirit of integrity, power of will and reasoning, able to make decisions, deduce, organise, plan and acquire problem solving skills. The child is also able to experience responsibilities to the group and its functions. Third Plane of Development (12 – 18 Years) – The Period of Adolescence Arrival of puberty marks the end of childhood and is the beginning of adolescence. Enormous changes occur both physically and mentally. Physically, between the ages 12 – 15, the body is disproportionate, example the boys develop longs arms and they become conscious of their appearance and clothing. The body reaches full maturity between fifteen and eighteen. The period is aimed at constructing a social self. It is characterised by self concern and self assessment. By exploring wider cultural issues, in relation to society at large, the adolescent is capable of critical thinking and re-evaluation. Studies show that they are susceptible to anorexia, bulimia. Psychologically they become more aware of the social being and therefore are ultra sensitive, antagonistic to authority, easily discouraged, experience emotional highs and lows, emotional doubts, experience a decrease in intellectual activities. The adolescent becomes interested in music, drama, dance and other creative acti vities, because these activities allows them self-expressions and begins to idolise people and organisations, which can lead to appreciate social values or engage in anti-social behaviours. This is the period when the child seeks to gain financial independence with the motto, â€Å"I can get it myself†. Montessori envisioned this period as the â€Å"Erd Kinder† or â€Å"Children of the Land†. Fourth Plane of Development (18 – 24 Years) – The Period of Maturity or Adulthood The fourth plane of development is similar to the first plane, in that it is the period of consolidation and expansion. This plane depends on how the child has passed the earlier planes of development. If all the needs in the above planes have been fulfilled the child will feel secure and well adapted to his environment, is more able to make decisions on how life should be and how to contribute to the human values. This period is characterised by construction of self-understanding and spiritual development. The person is seeking to know one’s own place within the world. The personality seeks to enhance emotional independence and the motto is, â€Å"I can stand on my own†. Influences of Development Young children are easily influenced by various factors in the environment which affects their learning and behavioural process. They can be affected by various social, environmental, economic and biological factors. Studies are conducted as to how the development of children is affected by both personal and external factors. Personal Factors Personal factors are those that are influenced by nature or genetic formation such as, Problems during pregnancy and at birth An embryo is made up of 46 chromosomes which carried the genetic information of both male and the female partners. An embryo may not survive if there are changes in the number of chromosome. If the embryo does survive, the extra or the missing chromosome will cause an effect in the learning and development of the child. For example, Down Syndrome is caused due to an extra chromosome. The foetal development of the child can be also affected due to mother’s behaviour towards health. If the mother continues to smoke and consume drugs during pregnancy can harm the child.Children with foetal alcohol syndrome (FAS) have distinct facial features including small and narrow eyes, a small head, a smooth area between the nose and the lips and a thin upper lip. They also show symptoms such as hearing, facial, immune system problems, epilepsy etc. Children can also be affected if they are born prematurely whereby there development can be delayed Health The development of the child can be affected due to genetic disorders. For example, a blood disorder such as sickle cell disease can be a barrier for development, as the child may not be able to fully participate in any physical activities which require gross muscle movements. Disabilities Children with disabilities are challenged with cognitive abilities and physical growth. Many disabilities are caused due to genetic conditions at birth, for example Down Syndrome. External Factors Many external factors are also reasons affecting children’s development. They can be broadly divided into, Poverty In the United Kingdom many children are experiencing adverse poverty levels causing physical, social, emotional and psychological distress. It has been observed that they are mostly due to Relative Poverty rather than Absolute Poverty. â€Å"Relative Poverty is a comparison of income compared to the average. It is concerned with the material things and personal possessions that society sees as requirement to live daily life.† â€Å"Absolute Poverty is a lack of basic human needs including food, shelter, warmth, sanitation, health care and education.† Children affected by poverty are seen to lack necessities such as; a) Diet A balanced diet consists of right amount of vitamins and minerals in the food, important for the growth and development of children. Families experiencing poverty tend to purchase cheap and highly processes food. These foods contain high levels of saturated fat, sugar and salt causing obesity and malnutrition, the factors largely affecting the social and economic condition of the society among young people and adults. Imbalanced food further affects the diet leading to lethargy and hyperactive conditions which further cause behavioural problems among children in their physical, social and emotional factors. b) Housing Families experiencing poverty or those who fall under the lower income group may have insufficient housing facilities, with inadequate ventilation and heating problems causing colds and asthma. Children living in crowded houses may not have opportunities for physical exercises thus leading to obesity and delay in physical development. c) Play and Leisure Opportunities Children require opportunities to socialise and make use of the various social clubs and settings to develop their physical and social skills and personal interests such as hobbies. Families who are unable to afford the finances may not be able to help their children to make use of these facilities, including transport to travel to and back from the social clubs. Family Environments and Backgrounds A healthy family environment and background is profound for children’s development. Families that are able to provide balanced diet, good housing and play and leisure opportunities contribute to the well-being of children’s development. However, some families are unable to do so due to poverty or lower income causing depression, usage of drugs and alcohol among parents affecting child development. Family Circumstances Stress is another major social issue among families. Conditions such as long term illness, bereavement or separation among parents and other family members creates adverse effect on children’s physical, social and emotional development. Personal Choices and Decisions As children grow older, they are faced to make decisions independently thus causing peer pressure in their societal conditions, leading to consumption of alcohol and drugs. Usage of such substances may cause depression, anxiety, behavioural problems and the development of the brain. When they are not able to make purposeful decisions young people suffer dietary issues leading to malnutrition and obesity. Education Parents are the first educators. The values and beliefs children learn at home are vital for early social and personality development. A good quality education support children’s ability in intellectual development which helps to form self-identity, self-worth, self-esteem and self-confidence. Educational organisations such as schools, clubs, church should be provided such that children are supported in their social and moral development. Why Development May Not Follow the Expected Pattern The growth of children is observed to follow an expected pattern. They follow a successive developmental stage each supporting the other stage of development. At times there are delays in achieving this milestone which allows further investigation as to why the delay has been occurred. The following factors are outlined to describe the dilemma as to why the development may not follow the expected pattern; Emotional Influences Children are seen to thrive in a safe and happy environment. When children are able to develop attachment with their parents, other members of the family, peers and practitioners their emotional needs are fulfilled. Physical Reasons Children should be provided with appropriate environment such that their physical needs are fulfilled. If children experience delays in their growth, their physical development can be affected. Environmental Factors Family and outside environment such as school and clubs play an important role in children’s development. External influences have an immense effect on children’s physical, social, emotional and psychological well-being. Cultural Reasons Cultural differences influence the development of children. For example, cultures that give higher priority to male genders cause difficulties and missed opportunities for female children to thrive in their society, where statutory education or an inclusive practice in maintained. Social Influences Certain structure and lifestyle followed by families may not be appropriate for child’s growth. Parental separation, for example can cause negative effect on children, causing anxiety, stress and fear. Children may become without and find it socially challenging to communicate. Disability Children with disability may find it difficult to challenge the factors affecting their growth if parents, peers and practitioners do not provide the right kind of environment to support their developmental needs. Early Intervention When the child is seen to experience a certain delay or delays in his learning and developmental abilities, it is important to identify the appropriate ways to support the child in those needs and if need be, to bring it to the attention of other professionals for further support. Primary care and early intervention is necessary to reduce the effects of such delays in the developmental growth of the child. It is important for children in the long run. When early intervention is given, children are able to develop their skills and abilities required for further educational and other social needs, which in turn supports in their overall development by experiencing success as adults. The following emotional challenges are observed to be experienced, where delays affecting development are not given appropriate early intervention; Frustration Changes in Behaviour Fewer Opportunities The Role of the Childcare Setting in Early Intervention Early year educational settings can play an important role in identifying the special needs or conditions in children and providing appropriate resources and materials that support their learning and developmental skills. A key worker for each child should be assigned such that the practitioner is able to observe the interests, hobbies, likes and dislikes special needs of the child. A close observation and assessment of the child’s development can be helpful to identify areas where the child feels challenged or faces difficulties in performing a certain activity. According to the EYFS, it is essential that a regular and formal review of the children’s progress is carried out in the early years settings in areas such as, Communication and Language Physical Development Personal, Social and Emotional Development A regular health check should also be followed to review the progress of children’s development such that they are given appropriate support by using effective resources and materials. Meena Sugandha SEN Level 3 Page 1 2014OSC51324

Do I Or Dont I :: essays research papers

Do I still want to teach? Well, I count myself as being one of the luckiest students alive today because I have had some of the most wonderful teachers in the world. They have always inspired me in some way shape or form to either do my best or they pushed me to become the young man I am today. So to teaching I say, â€Å"YES!† whole-heartedly. I love the career and I enjoy helping others like no other does. When the gentleman came in the Wednesday’s class tell us about his experiences about teaching, I had envisioned myself doing those same sorts of things for other schools to make them feel welcome. He didn’t do it because he thought he had to but out of the kindness of his hearts. I want to give that to students, a piece of my heart. No matter how they take it, whether they rip it up and throw it away, if the cherish it with love and tenderness, or whether they take it and then forget about it. To be honest I don’t think any of my students, that is whe n I become a teacher, will ever forget me if they have me!   Ã‚  Ã‚  Ã‚  Ã‚  I understand what kind of energy you must actually put into education for you as a teacher to get something back out of it. You must work almost everyday and night, if you want your kids to succeed or you might just see them fail, and no teacher in their right mind would want that for any of their students. Teaching is not going to be as â€Å"wham bam thank you mam† easy like I thought it was going to be. I know now how hard it is for first year teachers to cope with and deal with all the emotional problems they may face. I remember in the video How Difficult Can This Be? Understanding Learning Disabilities how the guy treated the adults in the room, on how to treat learning disabled children. I learned that they first have to interpret the question, then think about the answer, and then reply to the question. It takes them twice as long in the thinking process, as it does a normal student. At least I would not feel left out in the dust on how to handle a learning disabled child if ever I received one.

Of Mice of Men :: Essays Papers

Mice of Men The novel Of Mice and Men, by John Steinbeck, is about two ranch hands, George and Lennie. George is a small, smart-witted man, while Lennie is a large, mentally- handicapped man. They are trying to raise enough money to buy their own ranch, by working as ranch hands. During the setting of the story, they are at a ranch whose owner’s name is Curley. It is in this setting that the novel reveals that the main theme is death and loss. Lennie accidentally killing all of his pets establishes that the theme of this novel is death and loss. These pets consist of mice, dogs, kittens, etc. Lennie loves to feel and pet animals, but he does not know his own strength. He kills them without really noticing what he has done, until George tells him that he did something wrong. After being scolded, Lennie is very remorseful about what he did. Once, after being yelled at Lennie says, â€Å"I pinched their heads a little and then they was dead- because they were so little (13).† Lennie’s remorse is probably more for upsetting George than it is for actually killing the animal. Another way that death and loss is evidenced by this novel is when Lennie killed Curley’s wife. When Lennie is in the barn (after killing his new puppy) Curley’s wife came into the barn and came on to Lennie. Lennie not knowing what was happening let her lull him into touching her hair. To Lennie it was like petting any other animal. Curley’s wife became flustered when Lennie became scared and would not let go of her hair. She started to scream and Lennie tried to cup her mouth, which concluded in him killing her. Lennie was truly remorseful after this action. Soon after killing her Lennie can be heard saying to himself, â€Å"I done a bad thing. I done another bad thing (121).† The final confirmation of the death and loss theme occurred to George, not Lennie. After going to the place where George had told him to go if anything went wrong, Lennie lays and waits in the brush for George to come get him. What Lennie wasn’t expecting was George to come with a posse of ranch hands with him.

America Needs Prayer in the Public Schools :: essays papers

America Needs Prayer in the Public Schools Education is a very valuable thing. It gives us knowledge and understanding of the world we are to someday face on our own. Yet education is always a seriously debated issue. What should be taught? What shouldn't be taught? How should we teach it? For example the issue of whether or not God should be allowed to be taught in schools is a fiercely argued subject. In an article taken from the Waukesha freeman on December 5, 1999, a public school teacher had been fired and faces up to 6 months in prison all because a little child asked him how the world got here and he replied "God put it here". The written law forbids public school teachers to refer to God or creation in any manner. The theory of creation can not be taught in class rooms because of its direct relation to the Christian religion. Religion is not to be taught in public school because it is believed that it is pushing a faith onto the kids against the parents will. Was the teacher wrong for simply sharing his view with his student? In todays world, we are quickly learning that it doesn't matter how you say it, "Jesus is always bad". It baffles me that education is so limited and pointed in one direction; They refuse to teach Christ in the schools, but yet, they happily teach the theory of evolution, the big bang theory, and basically any other means of creation the school system can find. For a country that is so worried about what their children are learning, they still struggle with the fact that there are kids that attend public schools and still can't read by their junior year in high school. The funding is non-excitant and the teachers are few. What a mess. In the Arabian countries, they too have operated there schools according to beliefs and religion. In the past four years, they have declared that women are not allowed to hold a job of any kind. Their religion states that females are to stay at home and be good house wives. According to Time magazine of June 1995, 78% of the Arabian school teachers were women.

From Freedom Of Contract

The modern entrant making process Is often a set of very complex agreements and usually Involves big amounts of money. The negotiations may last for months or even years. As a result, the parties will reach an agreement by piecemeal. There Is not a simple offer and an acceptance anymore, but there are offers, counteroffers, partial discussion. But when exactly the discussion is ended? For this still developing contract formation procedure, in most legal systems there are no special and adequate rules established. Since it is impossible to qualify in these cases offer and acceptance, a whole set of new problems arises: . As the agreement been concluded; 2. When was it concluded; 3. If the agreement is concluded, what are the terms of it. In this paper I will examine and discuss a very controversial topic in the theory of the formation of contracts: the relationship between parties in a situation in which an agreement has not been reached and one of the parties breaks off the negotiati ons. This can be done in several ways: one 2 can Just end the negotiations and walk away, the offered can revoke his offer, an option clause is violated etc.Since there is still no contractual liability in these cases, he question arises if there is any liability at all and if so according to what theory a party is held liable. I will analyses this problem from the point of view of two legal families: Common Law and Civil Law. In the context of this paper by Civil Law I mean the codified law systems in Western Europe and I will discuss French, German and Dutch law. We will see that there are important differences between the Common Law and the Civil Law approach to these problems.As a result of the still growing trade market between the United States and Western Europe it is of utmost importance that one is aware of these differences. I want to discuss three topics: 1 . Cross-boundary pre-contractual negotiations will bring together law and culture and reality and perception and so many problematic situations; I will give you Just some examples to show what I mean; 2. Then I will discuss the different approaches as mentioned above and even more important the different results on what is understand as pre-contractual liability; 3. He last topic will be on recent European developments in contract law in this field as realized in a proposed European Code of Contract Law. 2. Law and culture As I said before, pre-contractual negotiations will not only bring together law and ultra but also reality and perception. So it is quite possible that one party – from his particular background and legal culture – is convinced that after some meetings an agreement is reached, as the opposite party thinks these were still preliminary conversations. When this is the case severe problems will rise and immediately two questions have to be answered: 1 . According to which law the breaking off of the negotiations has to be Judged; 2. And which court has standing. In Co mmon Law countries, as a rule lawyers will take part in the conversation in a very early stage of the negotiations. s true for The Netherlands you from the start of the 3 – it is all a matter of trust. If you take your lawyers with negotiations it means you don't trust the other party so they don't trust you. The result is that you start the negotiations one step behind the other party and that is exactly not what you want.Probably this is also because English and American contracts are much longer than German, French or Dutch contracts. 1 Just one example; contrast these two standard forms of a forum selection clause: ; American clause: The exclusive forum for the resolution of any dispute under or rising out of this agreement shall be the courts of general Jurisdiction of xx and both parties submit to the Jurisdiction of such courts. The parties waive all objections based on forum non convenience; German clause: Cholinesterase Geriatricians sit xx (the only competent court is (P. 96) So when you enter into international contracting your first lessons are: 1 . Be aware of the cultural differences and legal mentality between you and the other party ; 2. Try to reach an agreement on two questions as early in the negotiations as possible: a. Which law has to be applied in case anything goes wrong (express choice of law); b. Which court has standing. A way to realize an answer to these questions in the pre-contractual stage is the use of a so called Letter of Intend or a Memorandum of Agreement.In case anything goes wrong, such a Letter or Memorandum can save a lot of time and money for both parties. According to American case law the answer of the question if the Letter or Memorandum is legally binding depends on the following factors: – The amount of details; – The language used; – Are there any escape-clauses; – Are there ‘subject to formal contract/definitive agreement' clauses; See for a comparison between American an d German contracts: Claire A. Hill and Christopher King, How do German contracts do as much with fewer words? , 79 Chicago-Kent Law Review 2004, p. 889 – 926. – Complexity of the transaction; – The way parties behave in the pre-contractual stage; – Custom. In Civil law similar factors are used. For about seven years I was honorary Judge in the Court of Rotterdam in a division on international contracts. In a surprisingly amount of cases – where contracts were actually formed – there was no provision on an express choice of law and on which court has standing. Making a choice on forehand will save time and money and the allowing factors can be taken into account. In the first place parties create certainty; both parties know what to expect in case anything goes wrong.I will take the English approach as a starting point, because this approach still resembles the classical theory on contract law. (Gigglier 2002, Cheshire and Foot 2001, Allen 19 91) In the case William Lacey (Winslow) Ltd. V. Davis [1957] 1 W. L. R. 932, 934 (Q. B. 1957) the view is expressed that a party to negotiations undertakes this work as a gamble, and its cost is part of the overhead expense of his business which he hopes will be met out of the profits of such contracts as are made. ‘ More recently the leading case on this topic is Wallboard v.Miles [1992] 1 All ERE 453. The question was if the parties can, by agreement, impose on themselves a duty to negotiate in good faith. Lord Cancer held: ‘Each party to the negotiations is entitled to pursue his (or her) own interest, so long as he avoids making misrepresentations. To advance that interest he must be entitled, if he thinks it appropriate, to threaten to withdraw from further negotiation or to withdraw in fact in the hope that the opposite party may seek to reopen negotiations by offering him improved terms.A duty to negotiate in good faith is as unworkable in practice as it is inhere ntly inconsistent with the position of the negotiating party. In spite of this rather rigid and formalistic view English law has taken on this question, there are some grounds to pursue negotiations or to recover damages in case of breaking off the negotiations. 6 Although the main contract has not been concluded, the court may held that there is a collateral contract which gives rise to some rights during the negotiating process.And even though there is no contract, a party may be entitled to restitution relief on the grounds that the other party has derived a benefit from the transaction for which he should compensate the plaintiff even if no contract has arisen (unjust enrichment). Finally a party can be held liable for loss which he inflicted on the other party in case of fraudulent misrepresentation (a claim in tort, e. G. When there was never an intention to form a contract) or negligent misrepresentation. In England one can only claim negative interests.Specific performance à ¢â‚¬â€œ that is to say forcing parties to re-open negotiations – is not possible. 3. 1. 2 AMERICAN LAW (Tanner and Hamilton, paper 2004, Track 1991) Like in English contract theory, it is generally agreed that also in the United States the existence of a duty in good faith is denied in the absence of an enforceable contract. According to American law there are three other grounds for pre-contractual liability. As in England, unjust enrichment as a basis for liability could be a ground for restitution.However, Just a few courts have entertained such claims and the prevailing view is still the alternator theory: both benefit and loss are at risk of the parties. Also the misrepresentation theory is considered to be a ground for recovering losses in the preoccupation stage in the United States, but situations in which this occurs American courts is the doctrine of promissory estoppels: one negotiating party cannot thou liability breach a promise made during negotiations, if the o ther party relied on that promise.

Eating at home is better Essay

In 1900, only 2 percent of meals were eaten outside the home. In 2010, 50 percent were eaten away from home. Most family meals happen about three times a week. Nowadays, living in the 21st century, people are busy. Most people are busy with work, school, sports, and other extra-curricular activities. And along with being so busy,thus, a nearby restaurant usually becomes our dining-place. It cannot be denied that eating out is a more convenient choice. However, eating out everyday can be very expensive. Moreover, the restaurant food is unhealthy, because most of the food are fatty and salty. In addition, the most important thing is, as I have experienced, dining out is not as enjoyable as having a nice home-cooked meal. Therefore, compared with eating in a restaurant, eating at home will be a better choice. First of all, one of the most important fact is that homemade meal is less expensive, which means eating at home is a very good method to save money. Sandy Dawes, a new lawyer, and his husband, Chris, a Ph. D. candidate, used to dine out four times a week. Now they usually eating out once a week, at most, because their budget have been squeezed by the rising prices, student loan bills and car payments,etc. Meat, vegetables and other ingredients from supermarkets or grocery stores are very affordable, and the total cost of a homemade meal is much less than the cost of a meal at a restaurant. For instance, dine at a moderately expensive restaurant, people usually end up spending about $20 to $30 for a meal. In addition, this price is not included the tax and tips. The price people paid to the restaurant is not only for the food, but also for the services provided. However, with the same amount of money, three or four ordinary meals can be prepared at home actually. According to a survey which made by Mintel International, a market research firm, since the economy soured and the prices of food raised, Americans began to spend more time in their kitchen, to cook the lunch and dinner for themselves. From this, it proved that eating at home is a way to save money. Another reason of eating at home is that homemade food is healthier, and it may even enhance our life. Although restaurants are offering more nutritious food options these days, the choices are often limited. Most foods that are served in restaurants contain high amounts of fat and calories, and even some harmful seasoning, such as MSG, which can be detrimental to our health. However, if we prepare our own food by ourselves, we can choose those low-fat and low-calorie and our favorite ingredients to prepare our meals. There will be no any limitation when we are choosing what we want to eat. Another disadvantage of dining out is that we cannot know exactly what we are eating. While we can see the meats and vegetables that are used to prepare our meal, we may not know what ingredients go into the sauces and seasoning. Also, chefs can make mistakes, and they may accidentally add some things that they should not into our food. This is especially important for those who are allergic to certain foods. Therefore,if we prepare our own food at home, we know exactly what we are eating. Besides, the reason of why we should eating at home is not only because of the healthier food, but the length of our life. According to a research which was published in Public Health Nutrition, a Cambridge University journal by a research team, made up of Taiwanese and Australian researchers, eating a home-cooked meal up to five times a week could enhance our life. In addition, according to the research, not only eating at home can live longer, the one who cooked at home about five times a week were 47 percent more likely to still be alive after 10 years. Last but not least, eating at home provides a very good chance to a family to sit together and have a nice conversation. Family member can share their daily life on the dinner table, parents can know more about the life of their children, such as how’s their school life, or whether they have any difficulties on anything or not, eating at home offers an excellent opportunity for family bonding. Moreover, Family dinner can made children become healthier. There was a survey found that those children who ate dinner with their families most frequently ate more fruits and vegetables and less soda and fried foods. When younger kids frequently eat dinner with their families, they are less likely to be overweight than other children. Besides, according to the report of The National Center on Addiction and Substance Abuse at Columbia University (CASA), it shows that children who have regular meals with their parents do better in every way, from better grades, to healthier relationships, to staying out of trouble, and they are less likely to smoke cigarettes and marijuana or drink alcohol. There is no any disadvantage to stay at home, make the home-cooked food at our sweet home with our lovely family members. We can save more money, enjoy healthier and more nutritive food, have a better life style, build a stronger bonds with our family members, our children will be healthier and more clever. Everything will be good if we eating at home, so, eating at home is definitely a better choice when there are two choice in front of us.