Financial Accounting and Control System Essay Example | Topics and Well Written Essays - 500 words

Financial Accounting and Control System - Essay Example The company uses online platforms to assist in delivery services as orders are placed online. Associated British Foods is an international company with diversification into retail, ingredients and food. It is present in 47 countries on different continents, that is, Southern Africa, Asia, Europe, the Americas and Australia (Associated British Foods plc., 2014, p.2). The company operates in five different segments, each dealing with different products. The segments include retail, agriculture, grocery, sugar and ingredients. The sugar segment produces and sells sugar while the agriculture segment focuses on providing farmers with farm implements while buying their produce to supply manufacturers, processors and retailers (Associated British Foods plc., 2014, p.23). Through Primark, the retail segment operates retail outlets that up-to-date fashion merchandise in different countries. The grocery segment deals in groceries such as cereals and spices. The ingredients segment on the other hand deals with yeast and baking ingredients. It also deals with yeast extracts, lipids, and enzymes. In terms of the profit margin and the gross margin ratio, Associated British Foods has higher ratios comparative to Dairy Crest. That may indicate that Associated British Foods generates more profits than Dairy Crest (Fridson and Alvarez, 2011). Associated British Foods’ Return on Assets is higher than that of Dairy Crest. However, Dairy Crest has a higher return on capital employed and a higher return on equity. That may indicate that dairy crest is better when it comes to maximizing resources to generate profits (Bragg, 2012). The liquidity ratios indicate that Dairy Crest is in a better position to meet its obligations as they become due comparative to Associated British Foods. Dairy Crest registers higher liquidity ratios. From the ratios, it may be seen that although Associated British Foods

USA and Vietcong forces in the 1960s. Essay Example for Free

USA and Vietcong forces in the 1960s. Essay The tactics used by the Vietcong and US military forces were very different and changed during the course of the war. At the beginning of the war the Vietcong (NLF) army was aggressive whilst the US army was defensive. The Gulf of Tonkin incident became Americas excuse to become aggressive towards the Vietcong. In 1965 General W. Westmoreland developed the strategy of search and destroy. Its objective was to find and kill any members of the NLF. US soldiers found this difficult however as the Vietcong always dressed in civilian clothing, and killing peasants by mistake was not uncommon; if hes dead and Vietnamese, hes a V. C. was the view of the troops carrying out the search and destroy missions. It was clear from the outset of war that the US had far more technologically advanced weapons than the Vietcong, which they used throughout the conflict. B-52 bombers altogether dropped 8,000,000 tons of bombs between 1965 and 1973which equated to 300 tons of bombs per person living in Vietnam. This was over three times the amount dropped during the whole of World War Two. Aside from bombs the US also dropped a considerable amount of napalm, a mixture of petrol, phosphorous and a chemical thickener which attaches itself to the skin causing horrific fifth-degree burns to the victim, which could quite often be an unlucky US soldier. Agent Orange, a complex biological weapon was dropped over a lot of the thick vegetation of Vietnam, causing all plant life to die, potentially to expose any hiding Vietcong. The US pioneered the development of anti-personnel bombs, smaller than those dropped from the B-52s, such as the pineapple, which shot shards and needles of metal in all directions. With the many different developments of anti-personnel bombs it was the USs aim not to kill the North Vietnamese but to injure them badly. It cost the Vietcong worse in time and resources to help the injured, whilst dead simply needed burying. Ironically, the Vietcongs supply of explosives for mines and suchlike mostly came from the 800 tons of US bombs that were dropped every month which failed to explode. In order to counter the powerful and technologically-advanced US army, the  Vietcong employed guerrilla tactics which had been used to great effect in Mao Zedongs victory in winning China for communism. The Vietcong were split into small groups of between three and ten soldiers, known as a cell. Cells worked together but knowledge between them was kept to a minimum so that if the cell or part of it was captured and tortured, any confessions made would not damage the Vietcong side very much. The cells, who dressed in civilian clothing, would move between South Vietnamese villages winning the support of the NLF from the villagers. They would help the peasants, not do anything against their wishes and educate them on poverty and other issues, in exchange for food, political and sometimes even military support. To defeat the more powerful enemy, a guerrilla has to dictate the terms of warfare to its advantage. The Vietcong chose the setting of the borders of the thick dense forests of South Vietnam as ambush was very easy. Another of the technical advances on Americas side was the realisation that the helicopter could directly bring the troops straight into the heart of the battle and get them out again quickly. However there was a massive risk related to this. Once the US had decided on a landing area for the helicopter it was not difficult for it to be shot and destroyed by the Vietcong even in the few seconds it was touching the ground. After the troops had been dispatched they would be surrounded on most sides by an invisible enemy hidden in the forest, making the USs task a nightmare. It was not that the Vietcong and NLF leaders did not care that thousands of their soldiers were being sent into battle and being killed. It is that they had the will to continue doing so until the US gave up. Physical losses to the US were not as great as those losses from the American persons view of the war. This I will explain in the next and final question; Why was there such different reactions in the USA to the countrys involvement in the conflict in Vietnam in the 1960s.

Life Of William Shakespeare English Literature Essay

Life Of William Shakespeare English Literature Essay William Shakespeare is arguably one of the most famous writers of all time. He has written thirty eight plays, two narrative poems, several other poems and one hundred fifty four sonnets. Some of his most famous poems are Hamlet and Romeo and Juliet. Those two poems are just a few of the many poems Shakespeare wrote. I think Shakespeare is a remarkable person because he accomplished so much in just fifty two years of his life. William Shakespeare was born in Stratford-upon-Avon on April 23, 1564 to his parents Mary Arden and John Shakespeare. Shakespeare was the third child of eight. He was the oldest surviving son, because in the time Shakespeare was born there was a plague going around called the Bubonic Plague. This is also known as Black Death because it killed so many people in the middle ages. It supposedly killed about one out of every seven people. Not very much is known about Shakespeares early years in life, the only way historians found about his early life were based on church records, and court settlements. It was thought that Shakespeare got his education at a grammar school called King Edward VI School Stratford-upon-Avon. When Shakespeare was eighteen, he married a woman who was eight years older than him, her name was Anne Hathaway. Together they had three children. The first was a girl named Susanna and then two years later they had twins, one boy name Hamnet and a daughter named Judith. Hamnet died at the age of 11 of unknown causes. After the death of Shakespeares only son supposedly Shakespeare was never the same. Historians have no clue what happened in Shakespeares life between the years of 1585-1592. Historians call this time of his life the lost years. No one is really sure when Shakespeare started writing but they think it was in 1592 when some of his plays were starting to be performed on stage in London. Shakespeare has had a lot of numerous plays and almost all of them were performed in his time. Some of his first works include Richard III and parts of Henry VI. No one really knows when a lot of Shakespeares plays were written, but most historians think it was sometime in the early 1590s. Shakespeare has two really famous narrative poems that many people read today, Hamlet and Romeo and Juliet. Hamlet was first printed in 1601 and could possibly be one of Shakespeares most famous stories. This story is pretty much about Prince Hamlet planning revenge on Claudius for murdering King Hamlet. When he does kill Claudius he takes over the throne of his father. One of the most famous quotes from the book Hamlet written by Shakespeare is, To be or not to be that is the question: Whether tis nobler in the mind to suffer, the slings and arrows of outrageous fortune, Or to take arms against a sea of troubles and by opposing, end them. This is Shakespeares longest narrative poem, and maybe one of his most tragic, but the story Romeo and Juliet is right up there with Hamlet. Romeo and Juliet is a story that everyone in their life is going to read, especially in high school. If you ask people that have graduated from high school, what book they remember reading. I guarantee you that most of them will mention Romeo and Juliet. That just shows you how powerful Shakespeares writings are. The story Romeo and Juliet is about two people who become to love each other but where they come from, they are truly enemies. It is dramatic irony because since they cannot be together, but they love each other so much, they end up killing themselves together. Romeo and Juliet is to me one of his greatest pieces of work. You would think that from all of Shakespeares accomplishments and all of the writing he had done, that there would be a big influence in his life but really there is no known influence in his life. I think that the only thing he knew was writing, so he did what he did best and was really good at it. There arent many authors from that time that you read from these days but everyone knows Shakespeare and his work. Even though Shakespeare might have not had a big influence in his life, he has influenced a lot of people today in there writing. I know there are people out there that look up to Shakespeare and study his writing so that they can be writers someday. Unfortunately, Shakespeare isnt alive and we really cannot find out all of this information about him. Shakespeare ended up moving back to his home in Stratford and ended up passing away on April 23, 1616. This is ironic because he died on his birthday in the exact same place he was born. Shakespeare was buried in the Holy Trinity Church, and is still buried there today. According to Petri Liukkonen from www.kirjasto.sci.fi/shakespe.htm, these are the four lines that are written on Shakespeares tomb, Good friend, for Jesus ´ sake forbeare / To digg the dust enclosed here! / Blest be ye man that spares thes stones / And curst be he that moues my bones. It was said that his wife and two girls wanted to be buried in the same grave when they died but never did. Shakespeare is today still arguably one of the best poets/writers in our history. His writings are still being read all over the world four hundred years later, and I dont see that ending anytime soon. He lived a life of fifty two years, accomplished so much and dedicated his life to writing.

Have you met him - Jesus Christ? :: essays research papers

Jesus the Christ is God the Father (that One and only Holy Spirit - God is a Spirit and One) in flesh - the Son of God. It was God the Father who was responsible for overshadowing the virgin Mary and causing her to conceive. So Mary was the source of His humanity and God was the source of His divinity. He became a man but he did not cease to be God the Father of the universe. He could probably best be explained as the God-Man. Sometimes He spoke and acted as a man. Sometimes He spoke and acted as God (the Father). He came to earth to seek and save that which was lost; to minister and to give His life as a ransom - the just for the unjust. He paid the price for our sins. Then He rose from the dead three days later because He was sinless and death could not hold Him. In so doing, He showed us the way to eternal life and how we can get victory over death. He brought life and immortality to light. He offers forgiveness of sins and eternal life (with countless other benefits) to those who will come to Him on His terms seeing He is Lord of all and is the only one who can save us from death - the second death that the Bible speaks of. The grave is only a temporary place. The day is coming when all that are in the grave will hear His voice and come out of the grave to stand before God (Jesus Christ) the Judge of all the earth - a dreadful place for sinful man. We can avoid this judgment by having our sins dealt with while we are yet alive by obeying the gospel which is His plan of salvation for us. It's very important to follow the Bible formula exactly. The devil has come up with alot of variations with the attempt to make the command of God of no effect. Back when the church was born, men were convicted of their sin and asked what they should do when they realized that they had crucified their Saviour some 50 days earlier. The apostle Peter said, Repent and be baptized everyone of you in the name of Jesus Christ for the remission of sins and you shall receive the gift of the Holy Ghost.

Literary Devices Essay

Alliteration Repeating the same letter or sound at the beginning of adjacent or closely connected words. AllusionA figure of speech that makes a reference to, or representation of, people, places, events, literary work, myths, or works of art, either directly or by implication. BildungsromanA type of novel concerned with education, development, and maturation of a young protagonist. Essentially, a Bildungsroman traces the formation of a protagonist’s maturity (the passage from childhood to adulthood) by following the development of his/her mind and character. Breaking the fourth wallAn author or character addresses the audience directly (also known as direct address). This may acknowledge to the reader or audience that what is being presented is fiction, or may seek to extend the world of the story to provide the illusion that they are included in it. An example is found in the film Ferris Bueller’s Day Off when the main character speaks to the audience by looking directly into the camera. Chekhov’s gunInsertion of an apparently irrelevant object early in a narrative for a purpose only revealed later. See foreshadowing and repetitive designation. Cliff-hangerThe narrative ends unresolved, to draw the audience back to a future episode for the resolution. Deus ex machina (From Latin: a machination, or act of god)Resolving the primary conflict by a means unrelated to the story (e. g. , a god appears and solves everything). This device dates back to ancient Greek theatre, but can be a clumsy method that frustrates the audience. This has come to mean that a force steps in to ‘save the day’ or a helicopter shows up just as the hero must jump off a building. EpiphanyA sudden revelation or insight—usually with a symbolic role in the narrative—in a literary work. First Person NarrationA text presented from the point of view of a character (esp. the protagonist) and written in the first person. Oftentimes, the first-person narrative is used as a way to directly convey the deeply internal, otherwise unspoken thoughts of the narrator. Occasionally this narrator can be seen as unreliable. In some cases, the narrator gives and withholds information based on his/her own viewing of events. It is an important task for the reader to determine as much as possible about the character of the narrator in order to decide what â€Å"really† happens. Important note: See page 4 for point form recap. Flashback (or analeptic reference)General term for altering time sequences, taking characters back to the beginning of the tale, for instance Flash-forwardAlso called prolepsis, an interjected scene that temporarily jumps the narrative forward in time. Flash forwards often represent events expected, projected, or imagined to occur in the future. They may also reveal significant parts of the story that have not yet occurred, but soon will in greater detail. This has been highly popularized by several television shows. ForeshadowingHinting at events to occur later. See also Chekhov’s gun. Frame story, or a story within a storyA main story that organizes a series of shorter stories or a short story that is used within another to add meaning to the other. Framing deviceA single action, scene, event, setting, or any element of significance at both the beginning and end of a work. HamartiaThe character flaw or error of a tragic hero that leads to his downfall. HyperboleExaggeration used to evoke strong feelings or create an impression which is not meant to be taken literally. ImageryForming mental images of a scene using descriptive words, especially making use of the human senses. In medias resBeginning the story in the middle of a sequence of events. The Iliad and the Odyssey of Homer are prime examples. The latter work begins with the return of Odysseus to his home of Ithaka and then in flashbacks tells of his ten years of wandering following the Trojan War. IronyThis discrepancy between expectation and reality occurs in three forms: situational irony, where a situation features a discrepancy between what is expected and what is actualized; dramatic irony, where a character is unaware of pivotal information already revealed to the audience (the discrepancy here lies in the two levels of awareness between the character and the audience); and verbal irony, where one states one thing while meaning another. The difference between verbal irony and sarcasm is exquisitely subtle and often contested. The concept of irony is too often misunderstood in popular usage. Unfortunate circumstances and coincidences do not constitute irony (nor do they qualify as being tragic). Reader’s note: â€Å"Isn’t it ironic? † by Alanis Morisette contains several examples, but many of them are not ironic at all. JuxtapositionUsing two themes, characters, phrases, words, or situations together for comparison or contrast Narrative hookStory opening that â€Å"hooks† readers’ attention so hey will keep reading OverstatementExaggerating something, often for emphasis (also known as hyperbole) OnomatopoeiaWord that sounds the same as, or similar to what the word means, e. g. , â€Å"boom† or â€Å"squish† OxymoronA term made of two words that deliberately or coincidentally imply each other’s opposite, e. g. â€Å"terrible beauty† ParadoxA phrase that describes an idea composed of concepts that conflict. A good example occurs in the first sent ence of A Tale of Two Cities by Charles Dickens: â€Å"It was the best of times, it was the worst of times† (1). ParodyRidicule by overstated imitation, usually humorous, as in MAD Magazine Pathetic fallacyReflecting a character’s (usually the protagonist) mood in the atmosphere or inanimate objects—for example, the storm in William Shakespeare’s King Lear, which mirrors Lear’s mental deterioration. PathosEmotional appeal, one of the three modes of persuasion in rhetoric that the author uses to inspire pity or sorrow towards a character—typically does not counterbalance the target character’s suffering with a positive outcome, as in Tragedy. PersonificationUsing comparative metaphors and similes to give living characteristics to non-living objects. Plot twistUnexpected change (â€Å"twist†) in the direction or expected outcome of the plot. Poetic justiceVirtue ultimately rewarded, or vice punished, by an ironic twist of fate related to the character’s own conduct Self-fulfilling prophecyPrediction that, by being made, makes itself come true. Early examples include the legend of Oedipus. There is also an example of this in Harry Potter. SatireThe use of humour, irony, exaggeration, or ridicule to expose and criticize people’s stupidity or vices. Sensory detailImagery, sight, sound, taste, touch, smell Stream of consciousnessTechnique where the author writes down their thoughts as fast as they come, typically to create an interior monologue, characterized by leaps in syntax and punctuation that trace a character’s fragmentary thoughts and sensory feelings. An example is â€Å"Ulysses†. SymbolismApplied use of symbols: iconic representations that carry particular conventional meanings.

C.V. George and Company VS. Marshall Sons

The Appellant humbly submits this memorandum for one appeal filed before this Honorable Court.. It sets forth the facts and the laws on which the claims are based. Statement of Jurisdiction of the Respondent The Respondent humbly submits this memorandum in response to the appeal filed before this Honorable Court.. It sets forth the facts and the laws on which the claims are based. Statement of Facts On 6th May, 1971, C.V George and Company, a contractor in Cochin, requested a quotation for the supply of one hot mix plant from Marshall Sons, a dealer in Hot Mix plants and Mini Crushers. The requested quotation was sent by Marshall Sons on 1 lath May, 1971. After a few days, on 21st June 1971, C. V. George and Company requested for a revised quotation which was sent by Marshall Sons on 29th July, 1971. C. V George and Company finally placed the order for one hot mix plant on 31st July, 1971. In their second quotation, Marshall Sons said that they would supply the hot mix plant within 3 -4 months, subject to conditions beyond its control.To this quotation, the contractor sent a letter saying that according to their previous discussions, the hot mix plant should be ready by the last week of September. No reply affirming this condition was sent by the dealer. Nearly a month after the time within which C. V. George and company wanted to have the delivery of the plant, they received a letter from Marshall Sons stating that he plant would be ready for delivery in the middle of next month or even earlier and that they had requested their associate company to expedite delivery of the machine. On 22nd November, 1971 Marshall Sons informed C.V George and Company that due to the go slow policy adopted by the workers in the factory it would be impossible for its associate company to deliver the plan by the end of November and they would try to deliver it by 10th December, 1971. There was no further correspondence between the two parties and the plant was eventually supplied b y Marshall Sons on 30th January,1972. Marshall Sons (plaintiff filed a case against C. V George and Company (defendant) in the trial court due to discrepancies between them. The objective of filing the case was to claim the amount for the supply of the hot mix plant from C. V George and Company whereas C.V. George and Company made a claim for damages under four counts, namely: (1) RSI. 2,000 being the cost of 12 volt electrical starter equipment with battery complete;(2) RSI. 321. 97 being the expenditure incurred towards the cost of materials and labor charges for welding and rectification of defects before the commission of the plant: (3) RSI. 2,000 being the value of 0. 75 ton of steel and (4) RSI. 8,175 being the hire charges for hiring plant from the Cochin Corporation. The trial court held that: (1) there was no consensus among the parties regarding the mime within which the hot mix plant was to be supplied, (2) C. V.George would receive an amount of RSI. 500 for the 12 volt e lectrical supply starter equipment and the other three claims would be set off, (3) even if for any reason, it is held that the amounts claimed under the other three clauses, do not amount to a plea of set off or counterclaim, the evidence adduced, has not established the claim made by the defendant. A decree was given in the favor of the plaintiff for a sum of 12,096 and at an interest rate of 6% annum from 27th' January, 1971, till the date of plaint and proportionate costs. C. V George and Company appealed against this decree and judgment of the trial court in the high court.Questions Presented by the Appellant The following questions are presented before the court in the instant matter: 1) Whether time is to be considered an essence of the contract 2) Whether the contract was carried out by the respondent within a reasonable span of time 3) Whether the appellant is entitled to claim full amount for damages 4) Whether there was a breach of warranty Questions Presented by the Resp ondent Whether time is to be considered an essence of the contract 2) Whether the appellant is entitled to claim full amount for damages 3) Whether there was a breach Summary of Pleadings of the Appellant 1 .Whether time is to be considered an essence of the contract: Ordinarily, time is to be treated as an essence of commercial contracts, as stated by the Counsel for the appellant. Furthermore, when the appellant requested for the machinery to be supplied latest by the middle of September, 1971 , the subsequent replies of the respondent showed clear indication of acknowledgment of the time span, as well as the stipulated deadline. Therefore, the respondent has committed reach of condition of warranty under Section 59 of the Sale of Goods Act, by not supplying the hot mix plant by the middle of September, 1971. . Whether the contract was carried out by the respondent within a reasonable span of time: The appellant's case states that the hot mix plant should have been supplied by the middle of September, 1971 and the respondent failed to fulfill his part of the contract as the plant was supplied on 30th January, 1972. The appellant further states that this delay was without any reasonable or probable cause and hence the contract wasn't fulfilled within reasonable time. 3.Whether the appellant is entitled to claim full amount for damages: The appellant's case is that as the hot mix plant was not delivered within the time stipulated, it is entitled to claim damages amounting to 12,496. Due to the delay in the supply of the plant, the appellant had to incur losses. 4. Whether there was a breach of warranty: The appellant claims that there was a breach of warranty and tries to recover the amount he can. He is of the view that part (3) in section 12 of the Sale of Goods Act entitles him to raise a claim.Part (3) in section 12: ‘A warranty is a stipulation collateral to the main purpose of the contract, the breach f which gives rise to a claim for damages but n ot to a right to reject the goods and treat the contract as repudiated. ‘ Summary of Pleadings of the Respondent 1 . Whether time is to be considered an essence of the contract: The respondent had stated that the hot mix plant would be supplied within 3-4 months, subject to conditions beyond its control. Though the appellant wanted delivery of the hot mix plant in the middle of September, 1971, the respondent did not send any reply agreeing to the appellant's stipulation.Marshall Sons sent out another correspondence on 22nd November, stating that in view of the go slow policy adopted by the workers in the factory for the past one month, it would not be possible for its associate company to deliver the plant by the end of November. No objection or protest was raised by the appellant in response to this. There was no consensus regarding the period within which the plant had to be supplied and thus, time was not to be considered as essence. 2.Whether the appellant is entitled to claim full amount for damages: The appellant aimed to collect its desired sum as compensation, of RSI. 12,496, by using Section 59 of the Sale of Goods Act. An important portion of this act states that if the appellant ants to claim compensation for any loss occasioned by the non-performance of the contract within the stipulated time and if the appellant accepts performance of the contract, he must issue notice to the respondent of his intention to claim damages.In this situation, the appellant issued the notice to the respondent on 8th December, 1971, which was long prior to the date when the goods were supplied to it and the performance of the contract was accepted by the appellant. Therefore, since the claim was not issued at the time when the appellant accepted the performance of he contract, the appellant is unable to resort to Section 55 of the Contract Act to sustain a claim for damages against the respondent. 3.Whether there was a breach of warranty: Granting for argument sa ke that time was essence of the contract and there was breach of contract by the respondent, even then Section 59 of the Sales of Goods Act cannot be attracted as the definition of â€Å"Condition and Warranty' in Section 12 of the Sales of Goods Act is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters is outside the definition f Section 12 of Sales of Goods Act.Pleadings and Authorities 1 . Time is to be considered an essence of the contract: The Counsel for the appellant made its case by stating that time was of essence to this particular situation, and is treated as such for commercial contracts, in reference to two such decisions of the Supreme Court in Inhabit Parkas v. Durra Data and C. C. Exporters v. B. &C. Mills.The appellant wrote to the respondent, requesting for the machinery to be supplied latest by the middle of September, 1971 , and following were the subsequent replies of the respondent showi ng clearly the acknowledgment f the time span, as well as the stipulated deadline. Therefore, the respondent has committed breach of condition of warranty under Section 59 of the Sale of Goods Act, by not supplying the hot mix plant by the middle of September, 1971.The remedy for breach of warranty under the Sale of Goods Act is as follows: (I) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject he goods; but he may- (a) set up against the seller the breach of warranty in diminution or extinction of the price, or (b) sue the seller for damages for breach of warranty. It) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.As per the case made, under the Sale of Goods Act, â€Å"(I)Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by season only of such breach of warranty entitled to reject the goods; but he may (a)set up against the seller the breach of warranty in diminution or extinction of the price†, the Counsel for the appellant further contended that the appellant is entitled to claim by way of damages a total sum of RSI. 2,496. Of time: As already stated, the respondent has indicated under Exhibit 8-9 that it will supply the plant in about 3 to 4 months time from the date of receipt of order subject to conditions beyond its control. The appellant placed the order or 31st July, 1971. Three month's time expired on 30th December, 1971.Even before the expiry of the period, the respondent wrote Exhibit A-6 the its associate company had advised that the plant will be re ady for delivery in the middle of November, and it has advised its associate company to pay special attention and expedite delivery of the plant. The respondent again wrote under Exhibit A-7 stating that in view of the go-slow policy adopted by the workers in the factory of its associate company, there was a delay in the manufacture of the plant and it would be supplied before 10th December, 1971.The plant was ultimately delivered to the appellant on 30th January, 1972. Having regard to the time stipulated by the respondent under Exhibit 8-9 and having regard to the difficulties faced by its associate company, the details of which are stated both in Exhibits A-6 and A-9, there is absolutely no difficulty in holding that the respondent has performed the contract within a reasonable time. On a careful perusal of the correspondence between the parties as referred to above, it is seen that no time was fixed for performance of the contract.There was stipulation by the respondent under Ex hibit 8-9 to deliver the plant in about three to four months' time room the date of receipt of order Subject to conditions beyond its control and a suggestion by the appellant under Exhibit A-2 that the point regarding delivery should be brought to the personal notice of Mr.. Cellular and arrangements may be made to supply the plant by the middle of September, 1971. Thus, it can be seen that there was no consensus ad idem regarding the period within which the plant has to be delivered to the appellant.Hence the term reasonable time would signify any which period of time by which the plant has been delivered provided there is no delay due to circumstances arising because of inefficiency of the respondent. . Whether the appellant is not entitled to claim full amount for damages The appellant wished to claim set off for the sum of RSI. 12,496, under the following counts: 3. 1 For the first count the appellant asked to claim RSI. 2,000 being the cost of 12 volt electrical starter equipm ent, complete with battery.The trial Court allowed a sum of RSI. 500 under this count, while referring to the Sale of Goods Act where if there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, he buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may set up against the seller the breach of warranty in diminution or extinction of the price. 3. The other three claims made by the appellant were denied on the basis of the Contract Act, under Section 55, where if the appellant wants to claim compensation for any loss occasioned by the non-performance of the contract within the stipulated time and if the appellant accepts performance of the contract, he must issue notice to the respondent of his intention to claim damages. It is therefore clear that if the appellant wants to claim damages by resorting to Section 55 of the Contract Ac t he must issue a notice to the respondent of his intention to claim damages at the time when he accepts performance of the contract.In the instant case, the goods were delivered to the appellant only on 30th January, 1972. The appellant issued its writing to the respondent on 8th December, 1971, which was long prior to the date when the goods were supplied to it and the performance of the contract was accepted by the appellant. Since the issue was not made at the time when the appellant accepted the reference of the contract, the appellant cannot resort to Section 55 of the Contract Act to sustain a claim for damages against the respondent.The next question for consideration is whether under Section 59 of the Sale of Goods Act, it is open to the appellant to treat any breach of a condition on the part of the respondent as breach of warranty and set up against the respondent the breach of warranty in diminution of the price. We have already held that time is not the essence of contr act and there is no breach of condition on the part of the respondent.Even granting for argument's sake that time was essence of the contract ND there was a breach of condition by the respondent, even then Section 59 of the Sale of Goods Act, cannot be attracted, as the definition of â€Å"condition and warranty† in Section 12 of the Sale of Goods Act is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters are outside the definition contained in Section 12 of Sale of Goods Act. Section 59 of the Sale of Goods Act states that – 12.Condition and warranty. – (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. 2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. (3) A warranty is a stipulation collateral to the main p urpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. 4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract. It can be noted that section 59 is not applicable as this contract is not stipulated by time or any other such conditions except that it should be completed in reasonable time. Hence it falls outside of the definition of the act and there is no breach of CASE ANALYSIS The C. V.George and Company vs. Marshall Sons case, is one of appellate Jurisdiction in the High Court as a result of a previous case filed by Marshall Sons against C. V. George and Company. The trial court came to the conclusion that C. V. George and Company was entitled to receive a claim of only RSI. 500 as opposed to their former claim for RSI. 12,496. It r uled in favor of Marshall Sons by announcing a decree for a sum of RSI. 12,096 at 6% interest per annum, from 27th January till the date of plaint and proportionate costs. Aggrieved by this Judgment of the trial court, C. V George and Company filed an appeal in the Madras High Court.The learned counsel for the appellant relied major on the fact that time is of the essence in commercial contracts and that by failing to meet the deadline, Marshall Sons have breached an important condition of the contract and under Section 59 of the Sale of Goods Act, it is open to the appellant to treat a breach of condition as breach of warranty and set p against the respondent the breach of warranty in diminution of the price. The appellant also stated that this entitled it to claim damages under four counts and those amounts should go in diminution of the price claimed by the respondent for the supply of the hot mix plant.After careful consideration, it was clear to the court that there was no actu al consensus between the parties regarding the time of the delivery. C. V. George and Company expected to receive the plant by mid September whereas Marshall Sons spoke about supplying the plant within 3-4 months after the interact was signed ( 31st July, 1971). Marshall Sons later said that due to the ‘go slow policy adopted by the workers, they wouldn't be able to supply it earlier than what they had committed. No objections were raised by C. V George and Company.The plant was finally delivered on 30th January, 1972. We see that, due to the fact that there was no proper agreement about the time between the two parties, Marshall Sons have a stronger case as the court ruled that time was not of the essence for this contract. Keeping in mind all the obstacles faced by Marshall Sons in the delivery of his plant and the stipulated time of 3-4 months the court ruled that the plant was delivered within a reasonable time frame. The case for Marshall Sons Just gets stronger as the co ntractor isn't entitled to make a claim for damages.If the appellant wants to claim damages by resorting to Section 55 of the Contract Act he must issue a notice to the respondent of his intention to claim damages at the time when he accepts performance of the contract which was not done in this case. Further, under section 59 of the Sale of Goods Act, the appellant can treat any breach of a condition n the part of the respondent as a breach of warranty in diminution of the price but this cannot be used in the favor of the appellant in this case.It has already been established that time was not an essence of contract in this case. Section 12 of the Sale of Goods Act states that the condition of warranty is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters are outside the definition contained in that section. As a result, the High Court of Madras confirmed the trial and decree of the trial court. C. V. George ND Company had to make the payment they owed and would receive only RSI. 00 for one of their claims. Marshall Sons had a stronger case to present in both, the Trial Court as well as the High Court.

How to Deal with Behavioral Interview Questions

How to Deal with Behavioral Interview Questions For some hiring managers, a job interview is a chance to get a candidate’s psychological profile as well as his or her direct qualifications for the job. This might include â€Å"staring contest† type questions, hypothetical situations that seem to have little to do with the topic at hand, or questions about your life outside of work. These can pull you out of your interview comfort zone, but they don’t have to. Here are some strategies for navigating behavioral interview questions.DON’T fall into the silent treatment trap.Most people, when faced with silence (especially with someone they don’t know well), feel obligated to fill that silence. If an interviewer asks you a question, and you answer it only to be met with a stare and no reply, don’t try to shovel in more information or clarify further. You already answered the question, and going off the cuff could talk you out of the job. It’s okay to give the pause a few minutes, then as k, â€Å"Is there anything else you’d like to know on this point?† Make sure that when you ask, it’s not sarcastic or nervous- just a straightforward question.DON’T try to match the silent treatment with aggression.Staring down your interviewer, nostrils flaring like you’re in an Old West showdown, is not going to help your cause. It’s not necessarily a case of â€Å"he who backs down first loses,† but rather just a test of how you react. Keep it calm and friendly.DO be prepared to talk about what you do outside of work†¦Ã¢â‚¬ ¦but try to keep it at least semi-related to the job discussion. If you do volunteer work, talk about the kind of skills you apply there. If you talk about a hobby, emphasize that it’s something that helps you decompress outside of work hours. Before you talk about any outside interests, make sure it’s appropriate for the company and professional conversation. NSFW hobbies should be left off t he table completely (and hopefully your R-rated blog is well hidden under a non-identifiable pseudonym!).DON’T let unnerving questions be a backdoor to illegal interview information.Whether intentional or not, shifting the focus of the interview to personal activities, or to making you so nervous that you’re willing to spill anything, can produce information that the interviewer should not be privy to.For example, if you’re asked about your personal goals and activities, and you talk about your church youth group mentoring, you’ve introduced religion to the interview. If you talk about the Mommy-and-Me yoga class you started in your neighborhood, you’ve opened up family status. Be choosy about what you discuss.DO be creative for â€Å"What would you be†¦?† questions.If you’re asked what kind of tree/animal/Backstreet Boy you’d be, answer the question. But you don’t have to answer it totally faithfully to your person ality. Tailor it to what you think would best match the job and the company. For example, I wouldn’t answer, â€Å"I’d be a panda, because I’m slow and like to eat salad.† Instead, I’d say, â€Å"I’d be an octopus, because I’m great at multitasking.†These questions may be designed to knock you slightly off your game and get to the real you, so you shouldn’t worry too much when they happen. Just be ready to keep the focus on the job that’s up for grabs, and always find a way to spin it back to your qualifications.