Tuesday, January 28, 2020
Fast Food Industry study of Pizza Hut
Fast Food Industry study of Pizza Hut Introduction A major transformation in business management is that organizations are trying to optimize every aspect of business. There has been a keen focus into every aspect of business which can give the organization a price or quality edge over its competitors. Effective Supply chain management (SCM) is capable of both the above mentioned advantages. If we look into the various components of SCM and analyze their significance in the context of the above we find that they are quite significant and capable of achieving price and quality edge over competitors. In this research the focus will be to study various factors influencing the supply chain management in fast food industry by referring to Pizza hut. The aspects associated to price quality and customer satisfaction will be covered through this research. The fast food industry has seen huge transformations in the recent past; the affect of these transformations on the supply chain management is also discussed in this research. Background As we know that supply chain manages the entire materials from suppliers (Suppliers of raw materials to the organization) to retailers and distributors to the customers. There are various disciplines involved in this system. for example the supplier relations management, inventory management, distribution system, retail management, reverse supply chain management. It has been observed that action in one discipline can influence the performance of the whole chain and similarly the performance of the organization. (T.J. Peters 1982Ã Ã ¾ Riddalls 2002). More and more organizations / industries are identifying the significance of supply chain management. In terms of research there are three most researched issues in the whole supply chain management, they are; Information flow through supply chain Inventory / warehouse Management Operations Management (queuing system) The fast food industry is one of the most competitive industries. The competition majorly depends upon price, quality and service (which are core aspects of Supply Chain Management). Hence there is immense pressure on all the organizations in the fast food industry to keep the three aspects studied above to their supreme best. As fast food industry is one of the most emerged industries in the recent past, the supply chain has seen huge transformations in this industry. The industry is still emerging so as the transformations in the supply chain management of this industry. Hence this study helps the learner identify and understand the factors driving change and the factors influencing the supply chain performance. Few of the research questions and research objectives are underpinned; Research Questions This research will not only try to present the study associated with the title of the research but will also try to answer the questions mentioned below; What is the core meaning of supply chain? What is the significance of Supply Chain Management in fast food industry? What are the major components of Supply Chain Management? How significant is information sharing to keep the supply chain effective? What factors influence / drive supply chain management in fast food industry? How is demand forecast supply managed accurately? What is the impact of supply chain management on overall performance of Pizza Hut and in creating brand name for Pizza Hut? How does Pizza Hut manage their SC effectively? Similarly the research has set few objectives for itself to achieve in the course of this study. The research objectives are mentioned underneath; Research Objectives Aligned with research questions we have set few objectives for this research. They are listed underneath; To understand the supply chain practices in fast food industry To understand the difference between SCM practices in fast food industry and in other industries (manufacturing Service sector) To prove that effective core competencies can lead to competitive advantage Identify significance of various parties in the supply chain on the performance of the supply chain To understand the service level impact on the supply chain The organization / company chosen for this research Pizza hut was started in the year 1958 by two brothers Dan Frank Carney. This was an idea suggested by a common friend which they agreed to. In 1972 they introduced corporate strategy. In the mid 90s the profits of Pizza Hut were declining. Hence Dan Frank Carney thought of selling out the company. In the year 1997 Yum! Brands acquired pizza hut and is currently (Pizza hut) under Yum! Brands Highlight of Pizza hut is its variety in Pizza, garlic bread, pasta and breadsticks. In order to meet the production of the mentioned (menu) products pizza needs to co-ordinate all the suppliers of vegetables, chicken and bread and work in coordination with them. Keeping this aspect efficient is the key success factor of Pizza Hut. As we know that if an organization can manage its core competencies effectively they can surely act as competitive advantage for the company. As the ingredients for various products of pizza hut are acquired through various suppliers from different parts of the globe. There has to be proper communication to keep the supplies and demand under check. In order to keep this aspect effective the company has employed Total Quality Management (TQM) process. The strategic policy of Yum! Brands involve the suppliers to understand their role and impact in the overall performance of the organization. This keeps the supplier relations management aspect in place for the organization. Pizza Hut has restaurants and they also deliver their products to customers place. The supply chain in these cases differs. If it is served at the restaurant then it usually shortens the supply chain and if the product (pizza, pasta etc), then the supply chain has transportation included in the supply chain. Both these aspects will be discussed in detail in this study Limitations of the study As the research focuses on the supply chain management of fast food industry, there may be few differences in the supply chain then the supply chain of other industries. This research does not specifically answer questions which are out of the industry / focus of this research. The supply chain of fast food industry keeps changing in short intervals. We have focused this study on supply chain of Pizza hut. This may answer the general questions with the supply chain of fast food industry but may not answer the specific questions of other organizations. Literature review Supply chain plays a critical role in maintain the organizations brand image and service levels in the market. In this section we will speak about Supply Chain Management (SCM) in general first and then will confine it to the fast food industry. Supply chain is the term used to define the parties involved in the process of meeting customer demand. The parties involved in the supply chain are Suppliers Manufacturers / producers Distributors Retailers customers (Riddalls, C.E., Bennett, S., 2002) (Stanley E. Fawcett and Gregory N. 2004) A brief of their role in the supply chain in underpinned; As we know that supply chain management is a discipline that manages and controls the flow of information throughout the various departments to meet the customer demands. The supply chain starts from the extreme beginning of the manufacturing process i.e. acquiring the raw materials from the suppliers or in other words choosing the suppliers and ends at the extreme end of the production process i.e. the customers. (Raghavan, N.R.S., Viswanadham, N., 2001) The members or parties of the supply chain are briefed below; Suppliers: suppliers are a significant party in the supply chain. The raw materials are supplied / acquired through this resource. In terms of quality of materials / products the suppliers are held responsible. The price of the product depends upon the price of the raw material as well and the supply of raw material will influence the companys ability to meet the customer demand at the right time. Hence we can say that suppliers have a great impact on the price of the product and companys ability to meet the customers demand on time. (Riddalls, C.E., Bennett, S., 2002) Manufacturers / Producers: These are the members who convert raw materials / semi finished goods to finished goods. The production process is significant as the company judges the quality and attributes of the process in this phase; hence manufacturers also influence the quality of the product. (Riddalls, C.E., Bennett, S., 2002) Distributors: These are people who are responsible to make the product reach to the market (retailers). The distributors can be also termed as marketing intermediaries. There are various aspects associated with marketing of a product and choosing the right distributors. The reach of the distributor will always be directly proportional to the availability of the product in the market. (Riddalls, C.E., Bennett, S., 2002) Retailers: These are people who are at the end of the supply chain. In other words these are the people who sell the product to the customers (supermarkets, stores etc). They are one of the significant members in the supply chain as they are in direct contact with the customers. They represent the product on behalf of manufacturer to the customers. The demand and customer feedback can be analyzed at this level. (Riddalls, C.E., Bennett, S., 2002) Customers: These are the end users of the products. Customers were not considered as a part of supply chain, but the contemporary methods and study has added customers into the supply chain. (Riddalls, C.E., Bennett, S., 2002) The significance of these parties in the supply chain varies in context to industries. Few of the terms involved in SCM are underpinned; Inventory size This helps the organization decide the amount (size) of inventory to be ordered. This is one of the significant aspects in the fast food industry as this helps the organization not only order the right quantity but also meet the customers needs with minimum resources possible. (Raghavan, N.R.S., Viswanadham, N., 2001) Replenishment Lead Time This refers to the time between placing an order and acquiring the raw material. Usually lead time is always considered as an entity that makes the supply chain ineffective (loss in supply chain). (Raghavan, N.R.S., Viswanadham, N., 2001) Stock outs Stock outs are very common in every trade. This is a situation that arises due to miscommunications in supply chain parties, lack of analysis, bad demand and sales forecasting. Safety stock This is the excess stock that a firm maintains to manage demand fluctuations. The safety stock is maintained at the lowest levels as most of the firms are efficient in sales forecasting. Reorder Point This is a point in inventory levels wherein the firm feels the need to order more inventories. SPECIFIC TO FAST FOOD INDUSTRY Fast food is referred to food which can be cooked easily and can be eaten quickly. There are various food chains across the world, which are famous for fast food. If we look into the history of the fast food industry, the roots of fast food are from 1920s and from 1950s this industry saw a rapid growth. There are many reasons for this transformation in food habits of people. People were busy and did not find time to cook food or even to wait for long hours after ordering food. There arose the term fast food. The Asians (Specifically Chinese) are responsible for this term and industry. There lies the secret behind the customer expectations. Customers expect food to be served quickly, should be delicious and should be healthy. In this scenario all the parties of the supply chain play a major role in meeting this expectation. (Tony Hines, 2004) Few of the objectives of supply chain management in fast food industry are mentioned underneath; Supply chain planning This sets the chain direction and the strategies associated with all the aspects of supply chain. This is the overall sketch of the supply chain. (David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, 2004) Procurement This is the process of selecting a supplier and managing healthy and profitable relation with them. This also helps the organization maintain quality of their products. (David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, 2004) Inventory management This process helps the organization maintain right level of stock in the organization and eliminate stock outs with variation in demand for the product. (David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, 2004) Packaging This is a discipline that helps in ensuring right package design and reducing the cost by encouraging the recycling process of packaging. (David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, 2004) Warehousing This is the process of storing the raw material, semi finished and finished goods. Effective storage and correct warehouse design can reduce the overall cost of the product (eliminates transportation cost to a certain extent) and improve the availability of the product. The other factors in this discipline are safety of the product, storage methods and locations of the warehouses. (David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, 2004) Transportation This process refers to transportation management of goods. This includes all the possible modes of transferring goods from one location to another. The records maintenance are also included in this aspect. (David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, 2004) Logistics This is referred to the use of technology in maintaining all the disciplines of supply chain effectively. The use of softwares is a trend in logistics management (CRM softwares). (David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, 2004) Customer Service and marketing This refers to meeting the customer expectations effectively and creating new opportunities through customer service. This is one of the major aspects that organizations are focusing in contemporary business world. (David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, 2004) The entire above mentioned are effective ways to remain competent, exist and grow in the market. Therefore managing supply chain effectively can help the business prosper. There are few other associated concepts which have an influence on the supply chain, one of them is Bull Whip Effect. Bull Whip Effect This is referred to sudden increase in customer demand that forces the supply chain to reconsider its strategy and rearrange the stocks in the supply chain. This forces the management to include more stocks into the system to meet the increased product demand. The Bull whip effect always flows in reverse direction to the flow of products. I.e. starting with realtor and ending it with the supplier of raw materials to the manufacturers. (Raghavan, N.R.S., Viswanadham, N., 2001), (Peter D Ball, 2006) There are various reasons of Bull Whip Effect; few of them are mentioned underneath; Under estimation of demand Wrong sales report Inefficiencies Lead time management Miscommunication in the supply chain (Peter D Ball 2006) Hence we can say that effective communication (information flow) in the supply chain is significant. The fast food industry cannot store the stock (Raw materials) in advance. Most of the products are vegetables and souses, which need to be fresh. Hence effective supply chain management is required. It has been observed that the major focus of most of the fast food chains is to improve the service levels (quality of the product and delivery time to the customers). Recently it has also been observed that in developing countries such as India, Pakistan, Srilanka and others, the fast food industry is focusing on the quantity and price factors. Once again this can be achieved through effective supply chain management. Research methodology Research methodology plays a vital role in the outcome of every research. There are various aspects, which a researcher needs to consider, before during and after gathering data for a research. Few of the aspects are presented underneath and are discussed in the context of the research. (Cooper, D. Schindler, P. 1998) Research approach There are various research approaches possible. Few of them are underpinned; Inductive approach Deductive approach Qualitative approach Quantitative approach (Saunders, M., Lewis, P. Thornhill, A. 2003) A brief of the above four is given below; Inductive approach: The term itself indicates that this process starts with a point and ends up adding information and few more points on the way through to making general interpretations about the research topic. (Saunders, M., Lewis, P. Thornhill, A. 2003) Deductive approach: This refers to an approach that starts with few concepts and theories and tries to confine the subject in the context of the research focus. This is one of the widely used approaches to reach to a conclusion in general researches to add more specific information to existing concepts. (Saunders, M., Lewis, P. Thornhill, A. 2003) Qualitative approach: This approach relies on the existing theories and practices. In other words this approach is based on the tested and proven methods. The available literature is the major source in this approach. This is called qualitative as the research results can be more reliable then compared to other methods / approaches of research. (Saunders, M., Lewis, P. Thornhill, A. 2003) Quantitative approach: This is one of the widely used research approaches. This approach relies on a wider study and does not majorly rely on the literature, instead will take a concept or theory from the existing literature and will research about it in the environment (surroundings). This is one of the approach used to make general interpretations about a concept or theory. The major methods of this research approach are surveys, questionnaire, interviews etc. (Saunders, M., Lewis, P. Thornhill, A. 2003) The research approach for this research will not be restricted to any of the research approaches. We will use all the approaches possible to keep this study effective. As there are various factors influencing the supply chain and the fast food industry is specific, hence we will try to emanate the drawbacks of various approaches and will use all possible methods to gather pertinent and result oriented data. Research Strategy Research strategy for every research is significant. As we know that this influences the outcome of the research, hence we have decided to formulate two questionnaires for gathering data. One will focus on the management and the other will focus on the experiences of the customers. This will also help in covering all the aspects in this research. For this research we will also contact few industry experts to analyse the interpretations and results of the research to keep it effective. Data sources There are various sources through which data can be gathered. The data for any research can be divided into two categories. They are; Research specific data (Primary data) Supporting data (secondary data) The above two are explained in brief below; Research Specific data This is also known as primary data. The term itself indicates that this data is specific to the research. The data that is gathered to answer the set research questions is known as primary data. The major sources for gathering data in this category are interviews, focus groups, surveys, observations, questionnaires, telephonic interviews, etc (Bryman, A. Bell, E. 2003) Supporting data This refers to the data that fills the gaps left by the primary data. As the major function of this data is to support the research, hence this is known as supporting data. This data is not research specific, instead is gathered from the available literature or some other pertinent research. The major sources through which this data can be gathered are academic books, magazines, newspapers, internet, etc (Bryman, A. Bell, E. 2003) The data for this research will be gathered through formulating two questionnaires and using two methods. First we will try to contact the management of Pizza hut through email and take their responses on the questionnaire; the second will be to carry-out a general survey in public to know about the customer service (and associate it with the effectiveness of the supply chain). We will also utilize the secondary sources such as Internet to gather pertinent data to make the research effective. Data Analysis There are various aspects that a research needs to focus before, during and after gathering data for a research. These aspects help the researcher keep the data effective in the context of the study. Few of the aspects are listed below; Validity: This refers to the relevance of variables in the study. As we know that there are various variables in a research. This aspects ensures that the data gathered should be relative to the research. In other words these aspects state that there has to be inter-connectivity between the focus of the research and the data gathered. (Ghauri, R. Gronhaug, K. 2005) We will try to gather relevant data and will avoid vagueness in data. The data gathered will be confined to the research focus but will also try to remain neutral to answer various other research associated questions. Reliability: This aspect refers to neutral (correct or accurate) and bias free results. In other words this aspect states that if the same data is used again for a similar research the results of the research should be similar. This also states that there should be any biased interpretation or should be a favor for any person or organization through this research. (Ghauri, R. Gronhaug, K. 2005) We will not only stay neutral while interpreting the findings and framing the results of this research, but will also send the results to few industry experts to seek their view. This will eliminate the bias aspect from the research and will keep the research effective. Generalizability: This refers to the spectrum covered by the research answers in resolving the general issues. In other words the results of the research should be able to answer a wide range of real time issues. (Ghauri, R. Gronhaug, K. 2005) We will try to keep the results as general as possible and will also try to cover as many issues as possible. Authenticity of data sources: This is one of the significant aspects of any research. The data gathered should be from reliable sources. The authenticity of data sources defines the effectiveness of the research. (Collis, J. Hussey, R. 2009) We will try to gather data from authentic sources. As we have formulated questionnaires and are gathering data through sources which are reliable, I believe we can surely guarantee the authenticity of data sources. Ethical Issues This refers to the methods used for gathering data. The ethical issues are quite significant for every researchs credibility towards the society. This includes a code of conduct that states that the methods used for data gathering and research should not include any method that is illegal or unacceptable. The methods or results of the research should not harm any person / firm / industry. (Crowther, D. Lancaster, G. 2009) The methods used for this research will be decided by keeping the above code of conduct in mind and will not include any such methods which fall out of the code of conduct. We will try to keep the work ethical and free from any bias. PROJECT PLAN Weeks 0-2 3-4 5-6 7-8 9-10 11-12 13-14 15 Background Reading Research Proposal Theoretical framework Primary Secondary Data gathering Report Making Submission Conclusion Supply chain management plays a significant role in managing resources and effective customer service irrespective of industry. The fast food industry is customer driven and the service level plays a significant role in creating expectations with the customers. The fast food industry (Specifically Pizza hut) will be studied in the context of the supply chain extensively and the research results will be framed. We will study all the associated aspects and will try to cover all the potential issues under the focus of the research. We will keep the research bias free and ethical to the extreme possibility.
Monday, January 20, 2020
Wolves, Wild, Again :: Animals Wolves Nature Essays
Wolves, Wild, Again For my last web paper, I thought I'd return to one of my childhood obsessions - wolves. Ever since seeing a cartoon rendition of the story "Mowgli's Brothers" from The Jungle Book (the real thing, not the horrible Disney "interpretations" of it) I fell in love with the idea of wolf-hood. Wolves were once an essential part of our "American culture" and although we drove them away and killed them off in our own country long ago, their importance in the American mind has not decreased. I remembered hearing about their "reintroduction" to America several years ago, but I was younger then and didn't remember or understand much of what actually happened. And with the start of middle school, I was much too preoccupied with homework and cliques and all the other things that made middle school a living hell to worry much about the fate of my canine heroes. However, in thinking about what I was interested in doing for my last web report of the semester, I began to wonder what had happened with the wolf reintroduction. So I resolved to find out. Here are the basics:In 1995 and 1996, wild timber wolves from Canada were released into Yellowstone Park and Central Idaho. Later, Mexican gray wolves were released into Arizona. The timber wolves came from Alberta and British Columbia (1), some of the last places where wild wolves still live. In January 1995, fourteen wolves from separate packs were trapped, taken to Yellowstone, and put into "acclimation pens".(3). The "acclimation pen" system worked this way: a dominant male and dominant female were placed together with younger subordinate wolves, allowing them time to figure out their new pack structure.(3). This is extremely important because wolves' pack structure is the key to their entire way of life. Given the time to get to know each other and establish a system of dominance amongst each other, the wolves are more likely to form a cohesive "family," and do well in their new environment. In March, the family groups w ere released together into the park. They were: the "Crystal Creek" pack, the "Rose Creek" pack, and the "Soda Butte" pack.(3). This is known as the "soft release" method. In Idaho, the "hard release" method was used, with young adult wolves being released immediately, without acclimation pens or any such matters. According to Wolf Recovery Coordinator Ed Bangs: "Most wildlife reintroductions are hard releases. Wolves, Wild, Again :: Animals Wolves Nature Essays Wolves, Wild, Again For my last web paper, I thought I'd return to one of my childhood obsessions - wolves. Ever since seeing a cartoon rendition of the story "Mowgli's Brothers" from The Jungle Book (the real thing, not the horrible Disney "interpretations" of it) I fell in love with the idea of wolf-hood. Wolves were once an essential part of our "American culture" and although we drove them away and killed them off in our own country long ago, their importance in the American mind has not decreased. I remembered hearing about their "reintroduction" to America several years ago, but I was younger then and didn't remember or understand much of what actually happened. And with the start of middle school, I was much too preoccupied with homework and cliques and all the other things that made middle school a living hell to worry much about the fate of my canine heroes. However, in thinking about what I was interested in doing for my last web report of the semester, I began to wonder what had happened with the wolf reintroduction. So I resolved to find out. Here are the basics:In 1995 and 1996, wild timber wolves from Canada were released into Yellowstone Park and Central Idaho. Later, Mexican gray wolves were released into Arizona. The timber wolves came from Alberta and British Columbia (1), some of the last places where wild wolves still live. In January 1995, fourteen wolves from separate packs were trapped, taken to Yellowstone, and put into "acclimation pens".(3). The "acclimation pen" system worked this way: a dominant male and dominant female were placed together with younger subordinate wolves, allowing them time to figure out their new pack structure.(3). This is extremely important because wolves' pack structure is the key to their entire way of life. Given the time to get to know each other and establish a system of dominance amongst each other, the wolves are more likely to form a cohesive "family," and do well in their new environment. In March, the family groups w ere released together into the park. They were: the "Crystal Creek" pack, the "Rose Creek" pack, and the "Soda Butte" pack.(3). This is known as the "soft release" method. In Idaho, the "hard release" method was used, with young adult wolves being released immediately, without acclimation pens or any such matters. According to Wolf Recovery Coordinator Ed Bangs: "Most wildlife reintroductions are hard releases.
Saturday, January 11, 2020
Battle of Gettysburg
The Battle of Gettysburg was fought by the largest number of soldiers, totaling 172,000 young men (ââ¬Å"American Civil Warâ⬠). During the Civil War, our nation was divided by the North (Union Army) and the South (Confederate Army) for opposing viewpoints on slavery and statesââ¬â¢ rights. The Battle of Gettysburg was fought over three long, arduous days. The soldiers struggled under their respected generals in a 25 mile battle zone (ââ¬Å"American Civil Warâ⬠). This battle was a triumphant victory and a heart-wrenching loss for the troops of the Yankee North and Rebel South. The complexity of the Battle of Gettysburg brought together two fronts whose decisions and commitment would determine its outcome. Many generals commanded forces during this battle. General Robert E. Lee was a confident Confederate commander of the Army of Northern Virginia. He believed one resolute victory would bring an end to the war. To secure this victory, General Lee devised an offensive attack on Northern land. His Rebel troops were split into three divisions (I, II, III Corps) with approximately 25,000 men each and commanded by Generals James Longstreet, Richard Ewell, and A. P. Hill. Under Leeââ¬â¢s order each Corps traveled north discreetly so as to not raise Union Army suspicion (King 8-9). However, Leeââ¬â¢s strategy did not go unnoticed by the Union Army of the Potomac commander, Joseph Hooker. The movement of Confederate troops northward reduced the number of soldiers under Hookerââ¬â¢s watchful eye. He sent word to President Abraham Lincoln who, in response, ordered him to move the Union forces in the same direction to defend Washington, D. C. (King 10). However, Hooker moved to take a different course of action and wanted to attack the Confederacyââ¬â¢s capital of Richmond. Because of this breach of conduct, Hooker was replaced by General George Meade and never allowed to forge an attack on Richmond (Appleby 486). News of Meadeââ¬â¢s recruitment and the forward movement of the Union army over the Potomac River were delivered to General Lee by a confederate spy. Information of such importance should have been relayed more quickly by General Jeb Stuart who was Leeââ¬â¢s eyes and ears on the Army of the Potomacââ¬â¢s whereabouts. This infuriated Lee as well as Stuartââ¬â¢s tardy return from his mission. To combat this advancement, Lee quickly sent word to his three Corp commanders to move toward Gettysburg (King 11-13). Soon after, another Union general became significant. His name was John Buford and he led his two cavalry brigades to the outskirts of Gettysburg. It was here that he noticed Confederate troops raiding the town for supplies like shoes, clothing, and food. Buford sent an urgent message for aid, since Union soldiers were outnumbered by approximately 4,000 Rebel soldiers (King 14). However, Bufordââ¬â¢s cavalry was detected by a branch of the Confederate Army commanded by General Pettigrew. When these two fronts collided on McPherson Ridge on July 1, 1863, it marked the official beginning of the Battle of Gettysburg (ââ¬Å"American Civil Warâ⬠). Buford held off the enemy for two hours. General John Reynolds arrived with Union reinforcements known as the Iron Brigade or 6th Wisconsin. Moreover, Confederates were also receiving aid from Ewellââ¬â¢s II Corps. So, the Rebels still outnumbered the Union troops (King 14-15). Late that afternoon and after sustaining 8,000 casualties, the Yankees were on the run. The death of Reynolds further pushes the Union army to the verge of crumbling. Somehow, Union forces are pulled together in a united front when General Winfield Scott arrives on the scene of Cemetery Hill. They manage to take control here as well as Cemetery Ridge and Culpââ¬â¢s Hill by the end of the day. On the other hand, the Confederates retained control of only Seminary Ridge. This setback for the South was likely the result of General Ewellââ¬â¢s failure to follow Leeââ¬â¢s command (King 15- 17). Despite this, the Rebelââ¬â¢s morale remained optimistic as they initiated the fighting on the following morning (King 18). Union forces retaliated and saved their position until one of General Meadeââ¬â¢s commanders staged his own offensive battle (Appleby, Joyce 486; King 22). This Union general was Dan Sickles. By moving his position without consulting General Meade, a ââ¬Å"bulgeâ⬠was created. This foolish mistake allowed 1,600 Confederate soldiers to rush the Union line to overtake Peach Orchard, capturing 1,000 Yankee prisoners (King 22). Another Union Army general, G. K. Warren, secured and protected a hill called Little Round Top before Confederates claimed it which helped combat the loss from Sickleââ¬â¢s blunder (ââ¬Å"American Civil Warâ⬠). At this point in the Battle of Gettysburg, both North and South sustained large numbers of casualties. The Southern casualties roughly totaled 7,000 of 22,000 troops. The North suffered even more by losing 15,000 soldiers. Both sides needed to re-evaluate their battle strategies. Lee thought victory for the South was possible with better timing and artillery. Conversely, Meade and his other Union generals decided to stay in their current position and continue the battle (King 22). After dawn on July 3, 1863, Union soldiers fired upon the Confederacyââ¬â¢s I Corps led by General Longstreet. The two fronts dueled on Cemetery Ridge. Around 3p. m. , Union fire subsided. The North hoped this tactic would give Confederates the impression that their cannons were being destroyed. The trick was successful and led to the climax of the Battle of Gettysburg (Appleby, Joyce; King 22; ââ¬Å"American Civil Warâ⬠). This final attack is known as Pickettââ¬â¢s Charge in honor of the general who commanded the attack. Pickett gave three divisions, which included 14,000 troops, the order to cross a treacherous mile-wide open valley. One of the divisions was led by General Lewis Armistead. Many Rebel troops followed him on foot. These soldiers were ambushed by Northern gunfire from 11 cannons and 1,700 rifles as they approached a small stone wall. The Northern commanders yelled, ââ¬Å"Fire! â⬠In response, Armistead yelled, ââ¬Å"Come on boys! Give them cold steel! Who will follow me? â⬠His troops responded with their famous ââ¬Å"rebel yell. â⬠Unfortunately, for the South, Armistead is fatally wounded leaving the Confederacy with no leader. Without direction, Rebel soldiers were killed, wounded, or captured. The lucky living retreated, ending the battle with a Union victory (King 26-27). More men fought and died in this battle than any other on American soil (ââ¬Å"American Civil Warâ⬠). A total number of roughly 51,000 men were lost (Gettysburg). The North sustained casualties of about 23,000, while the South lost about 28,000 men. The lack of effective communication proved to be a downfall for the Confederacy (ââ¬Å"American Civil Warâ⬠). Lee was shattered by the loss, but his troopsââ¬â¢ spirits were far from broken (King 30; Gettysburg). The Confederates retreated over the Potomac on July 4, 1863, and the war raged on for two more devastating years. The outcome of this complex battle was a direct result of the Union and Confederate commandersââ¬â¢ offensive decisions and relentless commitment of their armies.
Friday, January 3, 2020
Marijuana Should Be Legal For Medical Benefits Essay
In todayââ¬â¢s society, marijuana is utilized by many adults and even teenagers. Whether the reason for the use is for medical reasons, obtain a high, for socializing, escaping depression; marijuana has impacted many live for the better. Marijuana or cannabis has been known to man since as early as 7000 B.C. In 1619, the colony of Jamestown in Virginia passed the first cannabis-related law, stating that it is required for all farmers to grow cannabis sativa or hemp plant because of its strong fiber that where being used to make sails, ropes and even clothing. During the 1800s, cannabis extract medicines were produced by American pharmaceutical companies such as Eli Lilly, Parke-Davis and Squibb. In 1910, in the Southwestern United States, Mexican immigrants introduced recreational use of cannabis, in which the immigrants referred to as ââ¬Å"marihuanaâ⬠(Mark, 2015) Anti-legalization groups argue there is not enough scientific data to support marijuanaââ¬â¢s medical benefits. According to Whitehouse.gov (original emphasis), ââ¬Å"To dateâ⬠¦neither the FDA nor the Institute of Medicine have found smoked marijuana to meet the modern standard for safe or effective medicine for any condition.â⬠Itââ¬â¢s highly unlikely that anyone will be able to prove the substance is entirely safe, because (letââ¬â¢s be honest), itââ¬â¢s not. As with all drugs, there is an associated risk that comes along with any benefits the drug may have. Itââ¬â¢s just like on those prescription drugs, when you hear how a medication mayShow MoreRelatedShould Marijuana Be Legalized? Essay1518 Words à |à 7 PagesMarijuana The truths about marijuana are slowly starting to resurface, the government keeps ignoring that cannabis could one day be as powerful for the U.S. Unfortunately, these truths about marijuana are under a lot of criticism because of the stereotype of what people see as a marijuana or cannabis smoker. There is a great difficulty in this law because marijuana is still recognized as a harmful and dangerous substance in some states. This can cause problems because each state has their differentRead MoreShould Marijuana Be Legal?1060 Words à |à 5 PagesMedical Marijuana Marijuana is the most commonly used illicit drug in the United Sstates (Wagner).. Marijuana is commonly used becauseThis it is because marijuana is easy to get and doesnââ¬â¢t have the visibly dangerous effects that other drugs like cocaine and heroine have. However,But does that mean marijuana is harmless to the human body? There are some people and studies that believe it is harmlessso. Sanjay Gupta, MD, Chief Medical Correspondent for CNN, wrote the following: ââ¬Å"Frequent marijuanaRead MoreMarijuana Decriminalization and Legalization636 Words à |à 3 PagesThe validity of marijuana decriminalization (and even legalization) is illustrated in the following analysis of the social, fiscal, political, and medical attributes and conceptions associated with the drug. Marijuana has been used for thousands of years, in 2008; archeologists discovered over two pounds of cannabis in a 2,700-year-old grave of a shaman found in Central Asia. (Armentano, 1) Should marijuana be legalized or at least decriminalized in America? The following information may give theRead MoreShould Marijuana Be Legalized?1269 Words à |à 6 PagesLegalizing Marijuana Marijuana is most commercialized drug in the world, so why not just legalize it? Although there are legal restraints against marijuana, 1 in 3 Americans have tried it, out of curiosity at least once. Multiple studies have proven that, marijuana is psychologically and physically healing. Medical marijuana should be legalized for its beneficial advantages, such as, treating or preventing health conditions, increases in tax revenues, and improvements in our communities. Marijuana, mostRead MoreShould Marijuana Be Legalized?972 Words à |à 4 PagesMarijuana Legalization For thousands of years, marijuana has been used for a myriad of purposes ranging from medical use to recreational use. Although small steps are being for marijuana legalization across the country, there is still a long way to go. Some folks argue that marijuana is a gateway drug and impairs judgement, causing people to act recklessly. However, extensive studies have been conducted on the effects, risks, and benefits of marijuana, and have proven marijuana to be safer thanRead MoreSupport Marijuana Legalization Now! Essay1676 Words à |à 7 Pagescoming, he becomes a self-destructive boy by banging his head and body against the wall causing bruising. However, since after treatment with marijuana (also called cannabis), Alexs illness was significantly improved. His parents curb his seizures by giving him a liquid form of marijuana by mouth 3 times a week. For Alexs family, the benefits of marijuana are greater than the risks. For us, the long-term side effects that are unknown for something that cant kill him are a lot better than the long-termRead MoreMarijuana Should Not Be Banned Marijuana1282 Words à |à 6 PagesCannabis, also known as marijuana, is largely known for its use as a psychoactive drug and medicine. Itââ¬â¢s become a controversial issue as many people are against legalizing it because they believe it is a gateway drug (a drug that isnââ¬â¢t necessarily addictive, but can lead the user to use more addictive drugs) or for other reasons. Others, such as Daniel J. Pfeifer, support the legalization of marijuana for recreational and/or medicinal use. As a law student, Pfeifer argues the federal governmentââ¬â¢sRead MoreShould Marijuana Be Legalized?1456 Words à |à 6 Pagesuse of marijuana is illegal in over half of the United States, but it is still the third most popular recreational drug in the United States. The debate for this drug to be legal has been going on for many years; some states have legalized the drug for medical use, a nd some for recreational use as well. Other states seem to disagree; they are not in favor of making the drug legal for medical use or recreational use. It has been proven that marijuana has a positive impact on society. Marijuana shouldRead MoreMarijuana vs. Alcohol in the United States Essay843 Words à |à 4 PagesMarijuana vs. Alcohol In The United States Marijuana and alcohol are the two most threatening drugs used in America today. Marijuana is the most illicit drug while alcohol is the most abused. Both were illegal during the prohibition but when the constitution was ratified in 1933 alcohol was made legal while marijuana remained illegal. It does not mean that because alcohol is still legal itââ¬â¢s less dangerous than marijuana. Both drugs lead to serious risks and should be taken with caution if usedRead MoreWhy Marijuana Should be Legalized1510 Words à |à 7 Pages12 16 January 2015 Why Marijuana should be legalized Multiple studies have found that marijuana is less harmful than alcohol and tobacco yet somehow is still considered a schedule 1 drug along with other more extreme drugs such as heroin. Marijuana is the leaves and shredded flowers of hemp plant called Cannabis sativa which is usually a green or gray mixture. Marijuana can be not only smoked in the form a joint, blunt, bowl, bong, etc but can also be eaten. Uses of marijuana can be medically or recreationally
Thursday, December 26, 2019
My First Day Of School - 912 Words
Back in high school, I went through a dark time. Those stressful days from the very first day of school caused me to fail the seventh grade, but it changes me into to the person I am today. The fight that could have been avoid lead to my expulsion from school. Friends become enemies, and enemies become friends. A quote that changed how I saw the world and, the man that believe in me. It was an early Monday morning in in August. As usual, I was woken up by the sound of my dog barking, and the noise my older brother was making. I laid back down and tried to get a little more sleep, thinking to myself, ââ¬Å"He always did have a habit of being loud in the morning. ââ¬Å"At that point, I knew I would not be able to fall back to sleep so I decide to get dressed. I said, ââ¬Å"Why canââ¬â¢t I have a moment of peace in this house?â⬠When I reached the kitchen, I saw that my favorite breakfast blueberry pancake with grape jelly had been made. My mom walked in to tell me, ââ¬Å"you had better hurry or you will be late for your first day of high school.â⬠I scoffed down the pancake as quick as I could; as I grabbed my backpack and rushed out the door I heard a voice call out to me. The voice said to me, ââ¬Å"It is a big step in your life and remember, donââ¬â¢t cheat yourself.â⬠I did not have time to think about what he meant, after all mom was waiting on me, but little did I know it would come back to haunt me. It was around 7:50 as I got out of the car. I started to feel sick, but I was already 10 min late forShow MoreRelatedMy First Day At School837 Words à |à 4 Pageshard push on my side. Slowly I opened my eyes. I just see the sunââ¬â¢s rays creep through my windows and flash me right in my eyes. Slowly I got used to the light. I finally got up and could open my eyes fully. I hear my mom yell get up itââ¬â¢s your first day of school. I Got up took a shower, got dressed, ate my breakfast, and I was out the door on my way to school. I live in Ohio where it usually rains a lot and today it was a very sunny beautiful day. I got to school. It was my first day of middle schoolRead MoreMy First Day Of School838 Words à |à 4 PagesIt was sunny Monday morning, soon to be my first day of school. I remember having a mild anxiety. I found myself swept away by fear as I approach the main entrance. The thought of leaving my home to acquire education seemed like nonsense for my 4 years old self. Since it was my first day of school my parents had to stay with me to make me comfortable. Being nervous, I passed through the main entrance. I saw a couple of kids playing with their small trucks in the playground and others were runningRead MoreMy First Day Of School Essay1024 Words à |à 5 PagesIn elementary school, I had two best-loved teachers. My kindergarten teacher, Dr. Barron had the kindest heart. My first day of school, I scarcely remember her greeting each student with a friendly smile. That first day we learned her class song. ââ¬Å"Dr. Barronââ¬â¢s bunnies come to school every day, school every d ay, school every dayâ⬠. Throughout the remaining years in elementary school, I would visit her class for a friendly conversation. My second favorite teacher in elementary school was Mrs. JacobsonRead MoreMy First Day Of School Essay966 Words à |à 4 PagesThe first day of school is nerve-wracking for most people, for me, the first day was especially terrifying. The first day of a college class is probably more crazy than all others. My mom and younger sister, Michaela, were busy taking pictures as I attempted to run out of the door. After being homeschooled for the last six years, I knew it would be a much different experience. I had been in my room alone doing school; I was content with where I was. The morning of the first day of class, I was soRead MoreMy First Day Of School1607 Words à |à 7 PagesWhen I woke up this morning, I was very nervous my first day of school, usually, I get taught at home so I donââ¬â¢t understand much, going to this public school is going t o put a new perspective in my life. When I open my little wooden door with my tinny bunnys hands, I walked to the bus in the background, I heard my mom and dad and little sister saying, ââ¬Å"good luck on your first day.â⬠I just gave a little wave back and blew a kiss. When I looked around I felt alone, the birds chirping with suchRead MoreMy First Day Of School1682 Words à |à 7 Pagesyour day off with a two mile walk in the heat. Finally, you get to the small, one room schoolhouse, and it has no air conditioning. Everyone around you is so much taller than you, meaning they are probably a lot older than you as well. The teacher looks at you and tells you to take a seat, but all you want to do is turn around and be anywhere else but there. Seems a little scary, right? Well this is how my grandmaââ¬â¢s first day of school went. This is nothing like a typical first day of school for kidsRead MoreMy First Day Of School Essay1544 Words à |à 7 PagesWe met during our second last year of high school. Back then, I had transferred to Richmond High from my old school, Churchill, to study in the IB program they offered. I was quite looking forward to it, actually. I felt that the past years of my life had been wasted on social life and boys who just disappointed me at the end. Moving to a new school was a way to break free, to start anew and focus on something different for a change. Studies. Thatââ¬â¢s right, I was going to focus on studies. PlusRead MoreMy First Day At School774 Words à |à 4 Pages My time at Life School was very eventful, and I will remember them for the rest of my life. My first day at life school was very eventful though i made a name for myself. I started at Life School Lancaster in the third grade, and i came about a month after school started because i transferred from a different school. I got into trouble and they gave me a tally which is just something to show you did something they didnt like. At first i thought i was getting kicked out, but through time i learnedRead MoreMy First Day At School733 Words à |à 3 Pagesbecause it was my first day of school. First I went to take a shower; I thought, ââ¬Å"What I would do in school today, who will be my teachers. Then I walked to the bus stop people looked at me like Im not from this planet. I sat on a tree trunk waiting for the bus. The bus arrived after 15 minutes, I aboard the bus. The driver was a woman she was wearing a black shirt and brown pants. She told me ââ¬Å" Do you have the paper that sh ows that you have permission to go to school in a school busâ⬠I stared atRead MoreMy First Day Of School1280 Words à |à 6 PagesHigh school first day drama My first day of highschool changed my identity through new environments new teachers new friends and new standards. On the first day of school I woke up to my blaring alarm ââ¬Å"beep beep beep beepâ⬠. After I hit the snooze button it was 6:00 and realized the summer was over and new school had started. I had not worried much about this day but today was different. I had the stomach bug I felt as though I was going to throw up. The sun was just waking up throwing vibrant colors
Wednesday, December 18, 2019
Essay on Johnstown Flood Disaster - 1263 Words
Johnstown Flood May 31, 1889 was a day that brought terror to the small town of Johnstown Pennsylvania. The small town was established in 1794 as a steel town and had a population on 30,000. The cause of the flood actually starts not at the town but 14 upstream at the South Fork Dam were the Little Conemaugh and Stony Creeks rivers meet as you can see in the image below. At this place is Lake Conemaugh, a 3-mile long lake located up against the side of a mountain, 450 feet higher than Johnstown PA. The construction started in 1840 under the supervision of engineer William E. Morris but wasnt completed till 1852 due to financial difficulties. (Johnstown Historical Society) The dam itself spanned a gap of 918 feet across the valleyâ⬠¦show more contentâ⬠¦It didnt take long for the South Fork dam to become so overwhelmed that it broke and dumped water onto the town causing the deaths of 2,200 people. This was not the first problem they had with the dam though; structural problems with the dam w ere not a new development. Only two years after the finishing of the dam 2 leaks were discovered before the dam was even put into its full usage. They were forced to empty the dam so they could repair it. The dam suffered a major break on June 10, 1862, when the up-stream portion of the stone culvert running under the dam collapsed (Haddock, Vikki). There was little damage to property downstream, but a large section of the dam over the damaged portion of the culvert collapsed and was washed away. They dam was then closed and left with the large gap in it because of financial reasons until 1875 when the Pennsylvania Railroad sold the dam and also 500 acres to Benjamin Ruff who wanted to turn the area into a summer resort. Ruffs plan was to fill in the gap left in the dam and allow the lake behind it to refill to make a resort and the remaining water would run-off he had decided to sell the valves used to control the run-off for scrap metal (Johannson, Shelley). Ruff had hired a man to fill the gap who had some experience building railway embankments but no experience with dams. The plan was to add a double thickness of hemlock pilings was placed acrossShow MoreRelated Johnstown Flood Essay1199 Words à |à 5 Pagesof the Johnstown Flood of May 31st 1889, which provides arguments for why the disaster was both ââ¬Å"the work of manâ⬠and ââ¬Å"a visitation of providenceâ⬠. However, it is apparent that McCullough believes that man was more responsible than nature/god for the extent of the catastrophe. In McCulloughââ¬â¢s opinion, the storm that caused the flood was no more than the inevitable stimulus of the disaster, whereas the deferred maintenance and poor repairs on the dam were the primary reason that Johnstown was devastatedRead MoreThe Great Flood Of 18891385 Words à |à 6 PagesAlso known as the ââ¬Å"Great Flood of 1889,â⬠the Johnstown flood occurred when a local man-made dam failed, unleashing millions of gallons of water and ca using utter destruction in its wake. On May 31st, 1889, à at around 3:10 p.m., about 14 miles from Johnstown, PA, the South Fork Dam was overcome by several structural shortcomings and à failed. This allowed millions of gallons of water to surge through the Conemaugh Valley, leaving little in its wake (NPS). There were a total of 111 days of rainfallRead MoreEssay on Flooding719 Words à |à 3 Pages floods Thousands of years ago before people built towns and planted crops, rivers cut deep canyons and molded the continents. Often these rivers overflowed their banks and flooded the surrounding areas, depositing mineral rich silt and soil in the surrounding plains and valleys. Because of the way floods enrich soil some of the first cities were built along rivers. The most important ones grew along the Indus River in Pakistan; the Nile in Egypt; the Yellow River in China; and the Tigris andRead MoreThe Johnstown Flood896 Words à |à 4 PagesResponse Paper of the Johnstown Flood ââ¬Å"Johnstown floodâ⬠is a short story written by David McCullough. This story talks about the miraculous survival of a little girl named Gertrude. Gertrudeââ¬â¢s sheer luck got her up the hill safely. Of course, with the help of several people she met along the way. I think that this is an extraordinary act of how worked together and some people put his/her life at risk to save a small child that they didnââ¬â¢t even knew. I fell that this is a great example of howRead MoreClarissa Harlow, American Red Cross, Educator And Nurse753 Words à |à 4 Pagesa Red Cross due to arising fears of foreign entanglements. In 1881 The American Red Cross Society was founded and Clarissa was the first president. The organization oversaw assistance and relief work for victims of disasters such as the 1889 Johnstown Flood and the 1900 Galveston Flood. The organization also sent help and supplies to international campaigns, such as the famine in Russia during 1892 and to Armenia in 18 96. In her later and final years of life, she went to Cuba to help out during theRead MoreEvaluation of Team Organization in Services Provided by Community Agencies and Multinationals1205 Words à |à 5 Pagesdifferent organizations and their communities will also be part of the paper. Finally the paper shall highlight how it might support these organizations social initiative in the community. Introduction The community agencies mainly focus on providing disaster relief, emergency assistance and informative education to the surrounding community that pertains to public health. Among the identified community agencies are The American Red Cross, The Salvation Army and Coca Cola. The American Red Cross TheRead MoreThe American Plague Summary/Response1125 Words à |à 5 Pages ââ¬Å"By the end of that year, it (Memphis) would suffer losses greater than the Chicago fire, San Francisco earthquake, and Johnstown flood combined.â⬠This sentence from the book really stood out to me because it really shows how deadly yellow fever was. I have heard about all of these disasters and they must have been horrible to the people they effected, but for a disaster to be worse than all three combined, itââ¬â¢s unimaginable. It cost the Mississippi Valley over $350 million in todayââ¬â¢s standardsRead MoreFlood and National Weather Service2288 Words à |à 10 PagesA flash flood is a rapid flooding of geomorphic low-lying areas - washes, rivers, dry lakes and basins. It may be caused by heavy rain associated with a storm, hurricane, or tropical storm or melt water from ice or snow flowing over ice sheets or snowfields. Flash floods can also occur after the collapse of a natural ice or debris dam, or a human structure such as a man-made dam, as occurred before the Johnstown Flood of 1889. Flash floods are distinguished from a regular flood by a timescale lessRead MoreFlood and National Weather Service2299 Words à |à 10 PagesA flash flood is a rapid flooding of geomorphic low-lying areas - washes, rivers, dry lakes and basins. It may be caused by heavy rain associated with a storm, hurricane, or tropical storm or melt water from ice or snow flowing over ice sheets or snowfields. Flash floods can also occur after the collapse of a natural ice or debris dam, or a human structure such as a man-made dam, as occurred before the Johnstown Flood of 1889. Flash floods are distinguished from a regular flood by a timescale lessRead MoreThe Legacy Of Isaac Monroe Cline1252 Words à |à 6 Pagesget to higher ground. Little did they know a category four hurricane was about to strike the city becoming the nationââ¬â¢s deadliest natural disaster still to this day. About six to eight thousand people lost their lives out of about thirty-six thousa nd total on the island. (about 20%) In comparison these deaths were greater than the combined of the Johnstown Flood and San Francisco Earthquake. Bussert 3 Galveston was only eight to nine feet above sea level and as the waters began rising
Tuesday, December 10, 2019
Business Law and Ethics for Paramount Estates Ltd -myassignmenthelp
Question: Discuss about theBusiness Law and Ethics for Paramount Estates Ltd. Answer: Issue The key issue in this case revolves around the statement which was made by Mikaela to Towers flour regarding the almond flour to be gluten free, to be considered as the term of the contract. Rule A contract is a promise made between two parties, which give rise to certain responsibilities and duties. These are born from the contractual terms which represent what each party has to do. In case there is a failure to perform these terms, the liability is attracted under the contract law. Before a contract is formed, certain negotiations take place in a contract, which is known as puffs and which is not considered as terms of contract as there is an absence of an intention to be bound legally in such statements[1]. The key rule is that all the statements made before entering into the contract are simply presentations as the same is not reduced in written form in an agreement expressly. In Birch v Paramount Estates Ltd[2] was a case where the court stated that the oral statements could be considered as terms of enforceable contract given that it is crucial to make certain that the obligations of the parties are carried out as had been envisioned in the contract. Hence, the basic rules which have been formed provide that the statement which is made before formation of contract for considering them as the contractual term has to be based on the intentions of the parties. Heilbut, Symons Co v Buckleton[3] was a case where the intention of the party had to be looked keenly to see the presence of meeting of minds, i.e., consensus ad idem. The main reason for entering into the contract has to be the making of the statement. The same has been found in Bannerman v. White[4] in which the court held that the statement has to induce the contracting party and that the decision has to be made only after conceding to the agreement which was based on the statement made. Application In the given case study, the statement made by Mikaela was made orally and it can be deemed as a contractual term on the basis of Birch v Paramount Estates Ltd as it is the key element of the contract. The intention of the parties which forms the agreements had to be considered where it was made very clear that the almond flour had to be gluten free and this was a key fact in the case. This term was clearly agreed by Tower flour on the basis of the prior request made by Mikaela and her informing that this was a preference for the majority of clients. This agreement would not have been made in case there was an absence of consensus ad idem regarding this term. Hence, it is very clear that due to the meeting of minds and the intention of the parties, the statement made here was a contractual term. Conclusion Hence, the statement which was made by Mikaela to Towers flour regarding the almond flour to be gluten free has to be considered as the term of the contract. Issue The key issue of this case revolved around the inference of an implied term from the agreement which was made by Mikaela and her clients regarding the wedding cake to be gluten free. Rule Under the contract law, the contractual terms can be express or implied. A term would be implied when the parties obviously conceded to it in case it was brought before the attention of the parties during the negotiations[5]. In this regard, the view of a reasonable bystander, as had been given under the Shirlaw v Southern Foundries[6] case proves to be of help. As per this test, the term would be deemed as implied only when a prudent person would agree that the statement was so obvious that it could be considered as an expressed term. The key test which proves to be of help is the business efficacy test which was given in Moorcock[7], and which provides that a term would be deemed as implied when it is significant to make certain that the business is run in an efficient manner. Similar ruling was given in Trollope and Colls Limited v North West Metropolitan Regional Hospital Board[8], where the implied term of a contract was inferred as running with the intention of the party and without which, the contract cannot be preceded. Also, a term is implied when it is a common practice in the business. Application In this case, gluten free cake is something which attracts the clients in the business of Mikaela. So, it can be reasonably expected that the gluten free flour would be used to make the cake. Hence, it becomes an implied term for Mikaela to use the gluten free cake, particularly based on the prudent person view as given in Shirlaw v Southern Foundries. Further, applying the case of Moorcock, the business efficacy test provides that the gluten free cake would help Mikaela in taking her business forward without being confronted by the clients. And so, the use of gluten cake can be deemed as a trade commonality and has to be considered as an implied term of the contract. Conclusion Hence, on the basis of discussion carried above, it can be concluded that the gluten cake was an implied term in the contract made here. Issue The key issue in this case revolves around the blue icing color which Kimiko had instructed Mikaela to put in the cake as being warranty based on the contract law. Rule When a condition is contained in the term of a contract, it forms as the basis of such contract. The key obligations of the parties are a key term in the contract. The term of the contract proves to be the root of the contract and holds the entire contract together[9]. In case the condition of a contract is breached, the contract ends. In Poussard v Spiers and Pond[10], the plaintiff had promised that she would perform at the opera of defendant. Though, due to her sickness, she could not perform her promise and the defendant had to hire another singer. The plaintiff sued the defendant but the court held that the breach was on part of the plaintiff as she could not perform the contractual obligation. So a condition is the base of the contract. On the other hand, a warranty does not hold much significance in a contract. Through these, minor preferences are shown in the contract. Wills v Amber[11] saw the court agreeing that the warranty is such a term through which the agreement is not ended just because a breach of the same is cited. Application The main term of this term was baking the cake as per the preference of Kimiko. And so, the cake should be baked by Mikaela and this is the key condition. The blue icing on the cake was an added decoration and would not affect the contract in a significant manner, thus making it a warranty. Conclusion Hence, the icing on the cake would be deemed as a warranty, instead of a condition. Issue The key issue in this case revolves around the liability of Mikaela for failing to observe the requirement of blue icing due to presence of exclusion clause at the premises. Rule An exclusion clause is such a term through which the liability of a party can be limited. In order for the exclusion clause to be valid, it has to be brought to the attention of the parties and has to be read by them for it to be valid, as was held in Chapelton v Barry UDC[12]. Though, when the contract is signed even without reading such a clause, it is deemed as valid, as was held in L'Estrange v Graucob[13]. Further, based on Wills v Amber, the breach of warranty can result in the party being ordered to pay damages for beaching the warranty. Application In the given case study, the warranty had only been breached by Mikaela and not the contract. Hence, the contract cannot be terminated on this basis, based on Wills v Amber. Further, the exclusion clause would help Mikaela in the liability arising from the breach as it is valid. Conclusion Hence, the breach of warranty would not attract any liability for Mikaela owing to the exclusion clause.
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