HND市场学导论outcome2(仅供参考)(20200628092305)

H N D商法导论O u t c o m e2案例+答案(总5页)--本页仅作为文档封面，使用时请直接删除即可----内页可以根据需求调整合适字体及大小--Case study 1Samir sees a set of golf clubs displayed in a shop window for ￡500. He enters the shop and states he will take the clubs. The shopkeeper however says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.Identify the essential requirements of a contract and discuss whether a contract exists here.A contract is an agreement between parties having the capacity to make it, in the form demanded by the law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal, creating an obligation enforceable in a court of law. A valid contract has three essential features: there must be a agreement on all material aspects; at least two contracting parties and legal obligations.A contract consists of an offer and an acceptance. If there is no offer in the first place then there can be no contract. The basic elements of a contract include an offer and an acceptance.In the case Samir sees a set of golf clubs displayed in a shop window for ￡500. He enters the shop and states he will take the clubs. But shopkeeper says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.According to this case we can say that these is not exist a contract. In the case that a set of golf clubs are exhibited in a shop window, thus it is not an offer. Because the goods displayed in a shop window as a invitation to treat, we can know that goods displayed in a shop window (even when priced) are classed as a willingness to negotiate on the shops part. Invitations to treat also is considered to inquiry the price of goods, means a party to invite the other person to make offers. Different an offer, a willingness to negotiate only as prepared to make a contract of behavior on the issue who is not legally binding. The customer will make the offer to buy the goods which the shop are perfectly within their rights to refuse. The invitations to treat are not legally classed as offers and therefore cannot be accepted.Before the party who gave off the invitations to treat could not accept the other people’s offers they can revocation, and then the contract is not build. When Samir asked to buy the golf clubs the shopkeeper refused hin, and there was no acceptance. So when the shopkeeper refused Samir which is a set of golf clubs are not the good for sale, it just be used as ornament, and attracted the consumers interested. So an offer in this case is not found, either nor contract consists of an offer and an acceptance, we can know that there is on offer and there is on contract.Case study 2Tom is the top salesman for ABC Motors. He has been offered a job by a rival company but is concerned because there is a clause in his contract which prevents him from working for any other car company for five years.Tom is the top salesman because he regularly tells potential customers what they like to hear rather than the facts. He has done this in relation to ages of vehicles, odometer readings and vehicle service histories.Tom recently completed a deal to buy a vintage sports car for ABC Motors from now discover that Barry (not his real name) had stolen the vehicle.Question 1What is a restrictive covenant Advise Tom as to the legality of the clause in his contract.You can refer to Bluebell Apparel Ltd v Dickinson (1980) on page 146Question 2How would you classify Tom’s statements to the customers and what are the possible consequences for Tom and ABC motors in relation to these statements You can refer to Smith v Sim(1954) on page 161Question 3What is the legal position with regard to the vehicle which Tom has purchased from BarryYou can refer to Morrison v Robertson(1908) on page 1531 Restrictive covenant is a agreement which restrict the party liberty to work and trade. Such contracts are VOID unless the restriction can be shown to be reasonable to both parties involved and to the general public. There are three types of restrictive covenants: contracts between employer and employee, contracts between sellers and purchaser of a business and ‘solus’ agreements. For all three types, the party attempting to enforce the agreement must prove that it is reasonable to both parties concerned and to the general public. If they are unable to do this then the contract will be considered void and unenforceable. (from the text bookP142-142) This contract are legality, and the restriction was fair in this contract. Because the relationship of Tom and ABC motor is employer and employee, when enter employment and employee may agree to some restriction being placed on his future employment or trade. Later the employee may feel the restriction is unfair and therefore he may break it. In such circumstances it would be up to the employer take him to court and seek an ‘interdict’ forbidding the employee to break the agreement. They will consider the factor the nature of the job the employee was doing(from the text book P142). If Tom worked for any other company within the validity period of the contract that he would be in a position to harm his ex employers.2 The 4 main causes of error are: innocent misrepresentation, fraudulent misrepresentation, negligent misrepresentation and concealment of facts. And Tom’s statements to customersclassify fraudulent misrepresentation,A false and material statement which induces a party to enter into a contract this is misrepresentation. Because he regularly tells potential customers what they like to hear rather than the facts and him without caring whether it is true or false. Fraudulent misrepresentation can lead a contract being madevoid if it involved these points,first is fraudulent misrepresentation causes error in the substantials. Second is the other party relied on the misrepresentation and it was a major influence on them entering the contract, third is the other party can offer restitutio in integrum. So the contracts between Tom and customers is void, he relied on the misrepresentation and it was a major influence on them entering the contract, thus customers can acquire compensation. Or cancel the contract or both of them.3 Tom brought a car from Barry,but Tom discovered that Barry had stolen the vehicle. And in this contract has a error which made the contract void, the Barry stolen the car but Tom did not know before him brought, so he can not get the car’s ownership. An error concerning the identity of the parties. Barry stolen the car so he haven’t ownership of this car and sold car, therefore, he can not give ownership to Tom, and Tom does not get the car’ ownership actually. And in this case Tom can only lodge a claim to Barry.Case study 3Martina recently attended an auction for the first time. She was very keen(渴望的) on a particular painting and when the bidding commenced（开始） she got so carried away that she bid much more than she intended. Martina won the auction but with fees（费用） and commissions（佣金） added on to the price, she cannot pay the full amount for the painting.Question 1What do you understand by the term ‘breach of contract’ Give two examples. Question 2List the main remedies available for breach of contract.Question 3What is the most appropriate remedy for the auctioneer（拍卖商） in this case 1、Where one party fails to fulfil his or her legal obligation under a contract.(from the text book P183)example1Tony and Jane have a contract where Tony will pay June $100 for her car and delivery. Tony pays the $100 but Jane fails to delivery.(from the text book P197) In this case study there has been a Breach of Contract by Jane as she has failed to delivery the car.Example2Shirley and Oliva have a contract where Shirley brought a cake from Oliva for her friend and asked Oliva sent the cake to her friend on 12th December 2012 , but on that day her friend did not receive the cake.In this case study there has been a breach od contract by Oliva as she failed to sent the cake.2、If there is a breach of contract then the innocent party will have the right to seek a remedy for the breach.(from the text book P184)Damages as a remedy for breach of contract. The object of awarding damages to someone is to place them in the position they would have been in had the contract been completed.So damages are really awarded as compensation- if the party has actually lost money as a result of the breach then he will be awarded ‘substantial’or ‘compensatory’ damages.In some cases no actually loss may have been incurred as a result of the breach. If is still possible that damages may be awarded for trouble and inconvenience-these are know as ‘nominal’ damages.(from the text book P185)Specific implement as a remedy for breach of contractSpecific implement is to stop someone for acting in breach of contract. So specific implement may be positive---forcing someone who has been in breach to fulfil their obligations or negative ---forcing someone who has been in breach to stop doing something. (from the text book P191-192)Rescission as remedy for breach of contract.Rescission means cancellation . With this remedy, the innocent party has the right to rescind(cancel) the contract if the other party has been guilty of a material breach of contract.The main factor to be considered is what is meant by a material of contract. Ifthe breach is not material but only partial then the right of rescission does not exist.Many contracts contains a number of conditions, some of which are more important than others.If the contract specifically states that some are material then breach of these will mean that rescission can be taken as a remedy.(from the text book P193-194)The Defensive Remedies for breach od contractThere are two defensive remedies that can be taken by the party who is not in breach.①Lien:If a person has possession(占有) of an article(物品) on which he has been employed to do work then he can refuse to return the article to its owner until payment is made for the work done.Example of situations where lien could be used as a remedy for breach of contract include:②Retention:This is the right to refuse to pay a debt which is due(到期的).Retention can only be used under the following two circumstances:ⅰwhere compensation can be pleaded.(债权确定、到期)ⅱwhere both claims arise under the sameWhat is the most appropriate remedy for the auctioneer（拍卖商） in this case 3、in this case the defensive remedies in the most appropriate method for the auctioneer. The defensive remedies include lien and retention, the auctioneer should take lien measure. If a person has possession of an article on which he has been employed to do work then he can refuse to return the article to its owner until payment is made for the work done.As a result of Martina won the auction but with fees and commissions added on to the price, she cannot pay the full amount for the painting, the auctioneer can keep the painting until Martina paid off the rest of money.。

“Escape to Wild”是一家成功的公司，专门通过邮购和小型的零售专营店来销售户外休闲服饰。

它作为一家私营公司小规模的经营了超过15年的，一直到六年前，一位经理被聘请来扩展公司业务.首先，公司增加了邮购目录上的商品数,并且用了更大的仓库来存放和配送货物。

四年前,“Escape to Wild”开了第一家自己的零售专营店，到现在，已经有了10家零售专营店,并有计划再多开五间店。

两年前，公司建立了自己的网站,实现了网上购物，这部分的业务发展迅速,还带了了很多海外的订单。

这位新经理上任以来，公司员工已由原来的20人发展到300人,业务也变得更大更复杂,持续需要加强员工来源已经成为这家户外服饰专营公司最强烈的需求,需要更多的员工是这家公司的当务之急。

“Escape to Wild”公司没有明确的人力资源部门。

部门经理们根据自己部门的职责招聘新人，负责确定他们的薪酬水平。

薪酬管理业务已经外包，员工培训一般是临时组织的，财务主管负责处理员工的合同和特殊情况，例如产假和加薪。

在这个快速发展的时期，公司已经开始将更多的精力投入到服务正在增加的客户群中。

到目前为止，公司中员工的关系比较良好,但是，公司的现状表明是时候建立规定和程序从而能用更系统的方法去解决人力资源的问题。

在最近的公司管理层会议上,部门经理们不断的抱怨说他们花了太多的时间在处理一些日常的行政问题上，而这些问题明明都可以由人力资源部门来解决，如果公司能有一个这样的部门。

不断增加的员工数量使得财务部门花大量的时间来处理与人事相关的问题。

同时，部门经理们也会因为工作描述，招聘和甄选的实际操作，以及员工的薪酬待遇等问题产生矛盾。

一个管理层的人员最近参加了一个关于员工法案的研讨会，法律的复杂性带来的实际问题是公司更加需要一个专门的部门来公平的处理员工的问题。

同样，员工们也开始抱怨一些条款和条件中的矛盾,有一些人离职了，因为他们对自己遭受到的人力资源问题觉得不满意。

商法导论outcome21.s看见橱窗展示了一套高尔夫球具，他走进店要求购买该球具，店主不卖，a坚持要以展示的价格来买。

问：合同要素是什么，该案中合同存在吗？A valid contract has three essential features.Firstly,the parties must agree on the terms of the contract. For all aspects of the content of contract，the parties reach a consensus through consultation. Sencondly, the conclusion of the contract shall be attended by at least two parties, only one of the parties does not exist the problem of conclusion of the contract.Thirdly,observation of law. In concluding and performing a contract,the parties shall observe tha law and administrative regulations, respect social ethics and they disrupt public and economic order or impair public interests.In case,the contract is not established.Because the essential of contract is not incomplete. The display window demonstration is an important contract invitation merely,the n the customer could be able to walk in and demand the goods.F or example,Pharmaceutical Society of Great Britain v Boots The Chemists(1952). A sales of a listed poisons must have a registered pharmacist to supervision. If the goods on the shelf is an offer,then the goods in the basket is completed by sales and this behavior is illegal. The judgment of the court is not breaking. The goods on the shelfis an invitation to offer but not an offer.2.t是汽车公司的销售员，竞争公司挖墙角，要他跳槽，但是雇佣合同中有一个条款禁止他为其他任何汽车公司工作在离职后的五年内。

1. IntroductionIn this report, it covers three topics: the elements are applicable to ZK’s products, the way ZK would evaluate its customer service and relationship customer service has with organizational performance and a customer service approach to logistics and distribution which is appropriate to ZK.2.0 Findings2.1 The elements are applicable to ZK’s productsAbout this part, there are three main points: pre-transactional, transactional elements and post-transactional.For the pre-transactional, which means before the transaction, there is a written policy statement to introduce the employees’ behavior and explain the mission of the company. This part also provides a clear organizational structure of the company to provide high-quality service to the customers. To achieve the goal of providing good customer services, ZK needs a flexible system which supports the company’s daily services for the customers and clients, and resists the changeable risk from external environment. Besides, the company needs technical services for the customers, which is best for their products. Through providehigh-tech products to fill the requirements of customers and the variable needs for the colorful products.For the transactional elements, the most important point is services efficiency. That means the level of stock out should be low, which needs a high rate of selling goods. And then, the company must make sure of the company needs create a good impression to the customers. The next one is the accuracy of system which will bring the order convenience for the company, which will give a considerable volume for the company. Because the system accuracy results in the order convenience, what’s more, that element directly results consumers satisfaction which will greatly contribute to the volume.For the post-transactional element which also can be called as after service. As a company which gains a good brand reputation may certainly provide excellent after service to holdback order. And that involves in the warranties for their products’ tracking. These all require the high quality of customers and great electronic business, the company makes a good products’ tracking, which makes the company assure the arrival of products. At last, ZK should make full preparation for the complaints of customers. An appropriate dealing with those complaints is a good fortune of the company. That also is a great contribution to customer satisfaction.2.2 Evaluation of customer service and relationship between customer service and organizational performance.To evaluate the quality of customer service, the entity may measure it from these ways: the number of complaints, the volume of stock out, completeness of orders and speed and convenience of systems. The less complaints of the product are, the more splendid of the products are. The volume of stock outs depends on the speed and convenience of the systems, which provides a proper way of measurement for the customer service. The last element used to evaluate the customer service is product tracking which means ZK should track its sold products through it finished to sending to customers, which requires a specific level of technology and energy but efficient enough for improving volume.About the relationship between customer service and organization performance, organization performance contributes to the customer services. If an organization performed well, there must be much contribution to the organization’s products. On the other hand, good customer service will bring the organization with adding value for its products and competitive advantage of the organization.2.3 A customer service approach to logistics and distributionAn appropriate approach for the ZK’s customer service is meeting customers’ needs. In detail, in order to meet the actual needs of customers, ZK may need to finish a survey directly to the customer. To interview them for the specific requirements about the products and services is the first step. Next, after gathering a number of information about the service, ZK’srelevant department starts to those information and rank them according to their importance. And then, it’s the last step. The implement of those appropriate needs for the customer which contributes well to ZK.Through the implement of this approach, ZK can improve its quality of customer service because that meets the needs of customers enough. What’s more, the brand reputation of ZK will also be improved well.ZK would need to research the needs of the customers, rank these in order of importance to the customer, speed and convenience of the systems ,number of complaints, completeness of orders, the volume of stock outs, I think ZK company should be in this order to evaluate customer service. I think that the efficiency of the company should be the most important, the efficiency is money. Secondly, we should be in the enterprise quickly at the same time the attention of its quality, so you can quickly and steadily. The third is to test the specific implementation of first two evaluation, can help enterprise in a strategic goal at the same time, in tiny link do more perfect. The fourth this a evaluation is used to verify our strategic goals and implementation of specific presence of problems, and improve.This would be beneficial to ZK as it would help improve their service and may allow the company to segment their service based on customer needs.3. ConclusionTo sum up, ZK’s products’ elements involves pre-transactional, transactional andpost-transactional. The evaluation of customer service includes the number of complaints, the volume of stock outs, completeness of orders and speed and convenience of systems. At last, as for the customer service approach to logistics and distribution is meeting customers’ needs.4. Reference1. McKenzie, Lionel W. (1954). "Specialization and Efficiency in the World Production". Reviewof Economic Studies 21.2.Jump up^ McKenzie, Lionel W. (1956). "Specialization in Production and the ProductionPossibility Locus".3.Jones, Ronald W. (1961). "Comparative Advantage and the theory of Tariffs; A Multi-Country,Multi-commodity4. Downburst, R.; Fischer, S.; Samuelson, P. A. (1977). "Comparative Advantage, Trade, andPayments in a Riparian Model with a Continuum of Goods".5. Matsuyama, K. (2000). "A Riparian Model with a Continuum of Goods under No homotheticPreferences: Demand Complementarities, Income Distribution, and North-South Trade".6.Steadman, Ian (Ed) 1979 Fundamental Issues in Trade Theory, London: Macmillan and NewYork: St. Martin's Press. Steadman, Ian 1979 Trade Amongst Growing Economies, Cambridge: Cambridge University Press。

- - - Marketing: An IntroductionContentsIntroduction1Marketing concept2Pay attention to market research2Corporate Profit2Pay attention to the marketing plan2Marketing Orientation and Customer Relationship Management2After Service3The marketing environment3Types of Marketing Environment4Marketing Research&Information:4Find out enterprise’s problems and mistakes4Market Segmentation5Opponents of information5Marketing plan5Market research and information Introduction5Quantitative&Qualitative Research6Qualitative Research6In-depth interviews6Quantitative research7Face-to-Face surveys:7Segmentation & targeting7Research information7Market segmentation8Benefits of Market S&T8Conclusion9Reference9IntroductionThis report is writes for the Trusty-Land Food pany. The report consists of 5 point that includes the marketing environment segmentation and targeting, the market research andinformation and marketing conception. Making a final and review summary in the end.FindingsMarketing conceptPay attention to market researchThe organization researches the local environment that can help pany to make market segmentation. Finally, the organization can meet customer’s demand. Corporate ProfitThe organization uses advanced technology or policy to improve the product in market. The organization enhances the market shares that will increase corporate profit.Pay attention to the marketing planThe organization pays atten tion to the customer’s demand petitions plan and own enterprise conditions. The marketing plan can ensure customer growth and growth enter pany’s profit.Marketing Orientation and Customer Relationship Management The organization is gives priority to the c ustomer’s demand. The organization municate and cooperate with customers that can help organization to take long-term benefits with customers.After ServiceThe organization reasonable to meets customer’s requirements. The organization mast timely and effe ctive to deal with customer’s problem. Eventually the organization make customer satisfaction.The marketing environmentMicroenvironment:The pany met the specific conditions in the business environment and explores the relevance economic reasoning to managerial decision-making. The ‘Trusty-Land Food’ formed a sales to large grocery chains. The large grocery chains includes Seven Eleven. But Seven Eleven wanted supplies under their name on Trusty-Land Food’s products, so the Seven Eleven bee a petition. It affects the reputation of our products, costumer always pay great attention to packing. Trusty-Land–Food’s logo represent a big part and Seven Eleven’s logo represent a small part.In 2009, the “HealthMeat〞is imperative for panies to increase their focus on retaining existing customers and attracting new ones. Bring the benefits to pany from new ones. The panies adhere to innovation. Wide range of goods will attract more customers that can move the pany forward.Macroenvironment: The bird flu and the mad cow scare appeared in 2005 and 2006 that decreased the customer’s demand. The bird flu and the mad cow scare appeared that made the pany lose great profits. Security checks in the supplier have bee stricter to helpthe bird flu and mad cow scare disappeared. The mass media should be propagandas food Trusty-Land Food pany’s products safety that can maintains sales.The new dietary guidelines had been proposed by government is reduce consumption by red meat and processed meat. The new dietary guidelines effe ct the pany’s red meat and processed meat’s sales. Responding to government’s policy, the pany reduce products of the red meat and processed meat and production more products of write meat. Responding the government’s policy can make the product sales to r ise. Types of Marketing EnvironmentAccording to Philip Kotler in his book Principles of Marketing (4th European Edition), the marketing environment consists of all the actors and forces that affect the marketing management’s ability to develop and maintain successful relationships with its target customers. According to Gary Armstrong & Philip Kotler, Marketing: An introduction (10th Edition), a public indicates any group that has an actual or potential interest in or impact on an organization’s ability to achieve its objectives.Marketing Research&Information:Find out enterprise’s problems and mistakesIt can help enterprise to finds out enterprise’s problems and mistakes and then it can help enterprise to deal with problems and mistakes. It benefit the further development of the enterprise.Market SegmentationMarket segmentation can help the enterprise to makes market segmentation. The enterprise uses market segmentation to finds customers that can help enterprise to improve the product sales.Opponents of informationThe enterprise mast grasps the opponents of information to keeping the advantage of the enterprises in the petition. It beneficial to pany development.Marketing planThe marketing research brings the information. The information helps enterprise to makes next marketing plan.Market research and information Introduction“The function linking the consumer, customer and public to the marketer through information that is used to identify and define marketing opportunities and problems, to generate, refine and evaluate marketing actions, to monitor marketing performance, and to improve understanding of the marketing process〞Quantitative&Qualitative ResearchQualitative ResearchIn-depth interviewsThe Trusty-Land Food pany looks for three people to in-depth interviews. The three men is consumer representative and representative of major ad agencies and market development manager. The pany in order to improve the sales of the pany’s products that can attract more customers. Consumer representatives put forward opinions and suggestions on the quality of our meet’s products, to meet the majority of consumer preferences to make changes.Now advertising is very important to strengthen the use of the media to advertise. The representative of major ad agencies proposals bined with the pany's characteristics and corporate culture. Remendations includes the methods of packaging products and mass media. The success of the product packaging and advertising can attract more customers. The market development manager hear consumer representatives and representative of major ad agencies’ remendations that can improvements products. Such as advertising panies to listen to consumers representative of the appearance of the product preferences and consumers gets information through what kinds of the media, Advertising pany to understand the corporate culture and characteristics through the market development manager. Three people to discusses and ultimately achieve the bestpacking effect and publicity of pany’s produ cts.Quantitative researchFace-to-Face surveys:The Investigation team to nearby food market in a number of neighborhoods face to face surveys before the lunch time and dinner time. The investigation team to conduct research on people who buy food, because most people cooks for family should buy food. Investigation team to understand people usually buy food to eat what kind of meat, raw food or cooked food which some more, people buy food for the food safety requirements, etc. Giving small gifts when the customers answered the question after. Small gifts may be the pany's new tasting product. Through investigation, improvement of products that can increase sales.Segmentation & targetingResearch informationThe enterprises to understand the details of their own problem, such as the petitiveness of an enterprise; band effect; fiscal reserves.Knowing the market. Trusty-Land Food pany to understand that consumer’s consumption habit and hobby. The pany respect the religious beliefs and customs, many people know that not eating pork is one of eating habits of the Muslim.Market segmentationThe pany chooses religion from demographic segmentation to make market segmentation. The market is dividing a market into distinct groups of buyers with different needs, characteristics or behaviors, who might require separate products or marketing mixes and pany evaluates each market segments. Philip Kotler also describes market targeting as “evaluating each market segments segment’s attractiveness and selecting one or more o f the market segment’s attractiveness and selecting one or more of the market segments to enter.〞The pany chooses Catholic, Protestant, Jewish, Islamic from religion to do market segmentationMoslem do not eat pork .Using differentiated marketing in Moslem market, such as the pany mast prints Islamic identity on food’s packaging. According to Muslim tastes to make improvements from the pany's products.Benefits of Market S&TThrough making Market S&T and making continuous improvements, customer satisfaction scores and courtesy, along with market share, are on the rise. Our customers get hooked on the good product and setting up the good enterprise image, they will buy and bee more loyal to our brand.ConclusionFinally, I remend that panies adhere to market research and innovation that can make the pany's product sales rise. I hope that the pany develop better and better.ReferenceWang Huihong, WANG Jing, 2013, SQA Unit Student Guide on Marketing: An Introduction, China Modern Economic Publishing House.Kotler Philip, Wong Veronica, Saunders John, Armstrong Gary, 2005, Principles of Marketing 4th European Edition, Prentice Hall.。

Assessment task 2Assessment task instructions The UK economy is made up of millions of people and billions of economic activities. Within these activities, goods and services are created and exchanged. It can be complicated at times but a simple model explaining in general terms how an economy is organised and how those involved interact is a good start.Question 1 Draw a diagram showing the participants of the Circular Flow of Income and explain how it operates. The simple model is sufficient for a beginning, but an economy is more complex and involves external influences, which can raise or lower economic activity.Question 2 Identify three injections and three withdrawals from the Circular Flow of Income; give examples of each, and how they affect levels of economic activity. In the following table, there are examples of the growth rate of various countries over nine years Country United Kingdom United States Bulgaria Switzerland 1994 4.7 4.0 1.8 0.3 1995 2.9 2.7 2.1 0.6 1996 2.63.6 -9.4 0.3 1997 3.44.4 -5.6 1.7 1998 3.0 4.3 4.0 2.4 1999 2.14.1 2.3 1.6 2000 3.1 3.85.4 3.0 2001 1.9 0.3 4.0 1.3 2002 1.6 2.4 3.5 0.6Question 3 Choose any two of the following questions: (a)Explain at least three difficulties encountered in measuring the National Income of a country. (b) Explain (using at least three reasons) why it is difficult to compare the growth rates of the countries in the table above. (c) Explain how the multiplier effect could substantially raise the level of National Income. (d) Explain the difference between real and nominal growth using the table above.Assessment task 2 Outcome(s) covered 2 Suggested solution and making an assessment decisionQuestion 1 A circular flow diagram clearly identifying the following in their correct places: Firms: Households: Markets for factors of production: Land, labour, capital and wages, rent, profit and income. revenue spending Goods and services sold Goods and services bought Firms Households Production inputs Land, labour, capital Wages, rent, profit income （PPT 书P74）Question 2Injections: Investment Withdrawals: Savings Government spending Taxation Exports Imports Appropriate examples: Investments: New factory being built 【built a new private enterprise (grow)】Government spending: New hospital being built (not PFI or PPP)【built public schools (grow)】Exports: Firm wins order to supply new computers to foreign firm 【In cooperation with foreign sales (grow)】Savings: High interest rates result in more savings【a country saves too much of its income (decline)】Taxation: Imports: Government raise level of income tax 【government raise income tax (decline)】Record numbers of holidaymakers go on overseas holidays 【spending on foreign goods by more national】（PPT书P73）Question 3(a) Any three from the following: Errors/omissions from the data gathered，Black economy，Non-recorded items，eg DIY, housework, barter，Transfer income，Double counting.(b) Methods may change over time. Accuracy of figures，Inflation adjustments，Social conditions，Work conditions，Unequal distribution of income. Spending patterns eg defence.(c) Explanation of multiplier either in words or through use of algebra（书P199.200）. Explanation should show that an initial injection to National Income results in a larger level of NI than the original injection. Propensity to save and consume.(d) An explanation of the difference between real and nominal growth, identifying that in real terms inflation is taken into account. In 1998 the growth rate is shown as 3%. If this figure is the nominal rate and inflation is measured at 3.1%, then there is no real growth in the economy. Any similar example will suffice.【GDP=Consumption +Capital investment spending +GeneralGovernment spending +Exports +Imports of Goods(Services) GNP=GDP+NPIA(Net property income from abroad) National Income=GNP-Capital Consumption Real Growth Rate=Nominal Growth Rate-Inflation Rate (Real Growth is the grow adjusted for inflation, Nominal Growth is the grow in the current value of money, Inflation Rate is measure of rate of change in price index)2000: 3.1-3.2=-0.1 no real growth 】。

HND商法导论outcome2每题用的Case（自己总结的。

）第一篇：HND 商法导论outcome 2每题用的Case(自己总结的。

) Cases will be used for each question, including the fact and judgment of each case as well as the content from the textbook.This is just the case law party of the answers.Not the comprehensive or complete answers.DO NOT SIMPLY COPY IT，USE YOUR OWN WORDS.Some of the words follows are just a copy from our textbook.以下部分是本次考试所要使用的案例，包含了案例的概括，法院的判决，以及课本提及的相关知识点（如果你使用别的案例，请自行总结）。

这些只是题目中所需要使用的案例，并不是完整的答案。

不要只是把这些内容抄上去，请用自己的话说。

因为有些内容只是直接从书上抄下来的。

Case 1Question 1: Carlill v Carbolic Smoke Ball Co 1893 Facts: the Carbolic Smoke Ball Co made an advertisement that anyone who used “smoke ball” under a right manner for a specified ti me and then caught the flu would get a ￡100 paid.Carlill did the above things and Carbolic Smoke Ball Co refused to pay the ￡100.Judgment: the performance of the conditions(catching flu after using the smoke ball)was acceptance enough.Area of law from textbook: offers made to general public whereby the public only have to do something to accept.Question 2: Spellman v Spellman 1961 Facts: Spellmans are husband and wife.The husband purchased a car for his wife to save their marriage.However, after the car delivered to their home, the husband refused to transfer to his wife.Judgment: it was held that this was a purely domestic arrangement not intended to create any legal relations and accordingly the wife acquired no legal rights in the car.Area of law from textbook: a persona or socialobligation will not usually be classed as a Legal Obligation.Question 3: Brinkibon Ltd v Stahag Stahl 1983 Facts: Brinkibon Ltd, a London company, sent an acceptance to Stahag Stahl, an Australian based company in Vienna, via telex.The question at issue in this case is about where the contract was made.Judgment: instantaneous communication, the formation generally occurs in the place where the acceptance is made.Area of law from textbook: contract could be formed among parties in the place where the acceptance is made.(the Form of Acceptances)Question 4: Wolf & Wolf v Forfar Potato Co Ltd(1984)Facts: a Scottish Co offered to sell a quantity of potatoes to Dutch Co.Dutch Co called an acceptance with new conditions.The Scottish Co ignored this and were taken to court for breach of contract.Judgment: the court held that no contract was formed.The second telex sent by Dutch Co was a counter offer which makes the original offer invalid.Area of law from textbook: if the party made a count offer, the original offer had been cancelled.Case 2 Question 5: Smith v Sim 1954 Facts: Sim advertised his pub for sale.Smith relying on the statements concerning turnover supplied by Sim via his solicitors, bought the business for ￡21,600.Shortly after, Smith sued that Sim was guilty of fraud in falsely representing the turnover.This proves to be true.Judgment: the court held that it’s fraudulent misrepresentation.Smith can choose among rescind the contract, claim damages, or both rescind the contract and claim damages.Area of law from textbook: party who has relied on a fraudulent statement can claim damages as well as having the contract rescinded.Question 6 No cases applied.Question 7: Smith v Sim 1954(see Question 5)Question 8: No cases applied.Question 9: Anderson v Pringle of Scotland 1998Facts: Mr Anderson was a current employee of Pringle of Scotland, and the company is considering that employees would be selected for redundancy on the basis of "last in first out”.However, Mr Anderson thought thi s method was not fair.Judgment: having regard to the terms of the interdict sought, Mr Anderson had a prima facie case for intervention.That being so, there remained the question of the balance of convenience.The Court was satisfied that this favored maintaining the status quo, by granting the interim interdict.If it was not granted, Mr Anderson would have lost his job, whereas the company was not at any immediate risk of disaster.Area of law from textbook: the legal remedies applied to an innocent party who has suffered a breach of contract is considering by what the terms are in the contract and what damage this breach of contract bring to the innocent party.Question 10: James B Fraser & Co Ltd v Denny Mott & Dickson Ltd 1944 Facts: James B Fraser & Co Ltd, a timber merchant, would buy wood from Denny and lease a timber yard with the option to buy it or take a long lease on certain terms with Denny Mott & Dikson Ltd, in 1929.In 1939, there was a Control of Timber Order released and caused further transactions between the parties became impossible from the end of September, 1939.Judgement: the court considered this as a frustration.Area of law from textbook: there is no breach of contract if that failure is due to intervening circumstances which neither party has control over.This is known as a frustration.第二篇：HND 商法outcome2_我的总结Case 11．Can Samir spend only 150 pounds to buy the golf set? 首先 Samir本没有与Fairways公司就购买Matsumoto golf成立合同，假使他想要购买那套高尔夫球具，那么他必须支付1500英镑，这是因为橱窗展示的仅仅是一个要约要请，而不是要约。

1Marketing is defined as a process of planning and implementing ideas, products, price and services, promoting and distributing products, in order to meet customers’demand and make profits.The marketing concept consists of five import parts: production, product, selling, marking and societal marketing. It’s an outside-in approach, while the product philosophy is an inside-out approach. Although they have something in common—both of them aim at making benefits for the business, their focuses are different.To the marketing concept, organizations must try their best to know well the needs, desires and wants of their customers, for their principle is “customer is god”. What’more, they should more effectively integrate the marketing mix ,including product, place, promotion and price, than their competitors, so as to make their products and services better and better to satisfy these interests, then by promoting and advertising introduce goods to them, in returns consumers will be attracted to buy their goods to meet the interests of organizations.But product philosophy is most concerned about internal capacity, not customers. The definition of internal capacity is the ability to handle raw materials and the number of products that all permanent assets of the organization produce, which involves in the production in the planned period and in a given technical condition. To improve the internal capacity, produce goods of the highest quality at the lowest cost and make the largest profit is its purpose.2.The marketing mix includes four elements: product, price, promotion and place.The explanation of the product element of the marketing mix: in 1986 the range of products of Landed—a company of wooden toys aimed at the pre-school market, was greatly limited to wooden building bricks and jigsaws. Its products could only be sold to small toys shops. However, as the company developed, its range of products has quickly enlarged. But for its former products, it not on-ly added with dolls’houses and wooded train sets, but also brought in “Country Cousins” books and a new range of pre-school books. The enrichment and diversity of its range of products made this company bigger and bigger.The explanation of the price element of the marketing mix: a correct pricing policy, a reasonable price is very import in the market competition. For example, on the early 1990s, Landed was rapidly flourished, and the “Country Cousins”books were sold at a premium. But then in order to occupy the favorable position in the competition, the company had to reduce its high price to a competitive level. Now more and more competitors have attended to this market, so in order that it can ensure continued distribution, the company is setting about reducing the price lower.The explanation of the promotion element of the marketing mix: the promotion has many aspects, such as advertising, sales promotions, personal selling and direct marketing. The promotional team must come up with the best promotion policy. The “Country Cousins”books were not well sold by bookshops, so the company sold them to toy retailers.The explanation of the place element of the marketing mix: Landed met with a big opportunity and challenge—the Welsh language TV channel SC4 introduced an animated program describing an assortment of animal characters collectively known as the ‘Country Cousins’.Fortunately, the company won the contract to make a limited range of merchandise featuring the characters, and the popularity of the series, and it gave it a considerable sale. Then the TV proposed a national airing and national launch. In order to continue the patronage, Landed’s sales team decided to keep the friendly relationship with existing outlets. They concentrated at retailers and middlemen, connected with established clients for personal selling. Now they very value the advertisement among children.3..For a privately owned Sports Club, its elements of the marketing mix refer to the followings: product, price, promotion, place, people, process and physical evidence.First, the product of privately owned Sports Club is its service, which opposes to a common product. Services, unlike physical products, happen "on the spot" and customers like to know what to expect. The privately owned Sports Club offers service to customers, which is essentially intangible and does not result in ownership of anything. The Landed Toy Company products are goods.Second, price, as we know, price is one of the most flexible elements of the marketing mix. It will be affected by consumers, the trade and the competition. For example, if customers feel the price of the Sports Club is lower than others, most of them may choose this club, while the price of Landed Toys Company products changes with the situation they have in the market: set premium price (previous) ------cut the price (now) -----reducing price (future).Third, promotion is what a company say and do concerning products and services in order to persuade customers and markets to try them. The privately owned Sports Club not only uses advertising but communicates with customers to help them have a better understanding of the company. Landed Toys Company Landed did very little advertise at first, but now they use newspaper to promote its products originally.The next is place, which not only includes retail store, online shop but also the movement of goods. If you want to book the ticket of the club, you can buy in the club or online. Landed Toy Company sells its products through a number of intermediates, nowadays it carries out with the idea of mail order selling.Fifth, people are part of the offering service. If the customers are satisfied with your service, it may have a positive effect on the development of your company. Sixth, processes mean caring about the quality, reducing the queuing systems and service delivery to ensure consistency of service. At last, p hysical evidence is the “tangible” part of the service, like the facilities in the club.Different from a Landed company, which distributes its products to its customers,Sports Club always has to get its customers to come to it. Those who come to the sports club are pursuing high quality services, although its price is higher. Therefore, Sports Club usually has relatively affluent target market and local promotions meeting the local demands. In this way, it is principal for a sports club to choose a right location.4.The environment in which an organization exits can affect industry or the individual organizations. An internal environment is the systems of the company, the effectiveness of which to a great degree rests with its culture, including micro and macro environment, competition intermediaries, and suppliers stakeholders. A micro environment is all those factors which lie beyond the organization, and a successful organization is contributed by those in the microenvironment, for example, the company, the distributors, customers, competitors and public, however, the macro environment indicates the lager forces which affect the way in which an organization operates and over which the organization has little or no control. These can be known acronym PEST.With the changing environment, PEST is also changing: first, in the political aspect: as the international communication developing, it is not simply domestic politics which will have influence on marketing strategy. Second, economically, suppliers have become more and more, as a result, competition has become more and more fierce, this will influence costs, prices and demand. Third, changes and trends in the sociocultural environment bring forth significant challenges. People's basic beliefs, attitudes and values are shaped by the society in which they grow up. Forth, developments and breakthroughs in technology give birth to new products and sometimes new industries.Following factors may affect Landed: the declining birth rate, growing demand for more technological toys, increased affluence, growth in competition from larger competitors, growing dominance of larger retailers.For the sake of getting over these risks, altering marketing mix, the company introduced some new products to satisfy different market meets, drew into added value products at higher prices, developed higher profile promotions to compete with rivals, and used sales team to develop good relationship with retailers.。

Assessment task 2Assessment task instructions The UK economy is made up of millions of people and billions of economic activities. Within these activities, goods and services are created and exchanged. It can be complicated at times but a simple model explaining in general terms how an economy is organised and how those involved interact is a good start.Question 1 Draw a diagram showing the participants of the Circular Flow of Income and explain how it operates. The simple model is sufficient for a beginning, but an economy is more complex and involves external influences, which can raise or lower economic activity.Question 2 Identify three injections and three withdrawals from the Circular Flow of Income; give examples of each, and how they affect levels of economic activity. In the following table, there are examples of the growth rate of various countries over nine years Country United Kingdom United States Bulgaria Switzerland 1994 4.7 4.0 1.8 0.3 1995 2.9 2.7 2.1 0.6 1996 2.63.6 -9.4 0.3 1997 3.44.4 -5.6 1.7 1998 3.0 4.3 4.0 2.4 1999 2.14.1 2.3 1.6 2000 3.1 3.85.4 3.0 2001 1.9 0.3 4.0 1.3 2002 1.6 2.4 3.5 0.6Question 3 Choose any two of the following questions: (a)Explain at least three difficulties encountered in measuring the National Income of a country. (b) Explain (using at least three reasons) why it is difficult to compare the growth rates of the countries in the table above. (c) Explain how the multiplier effect could substantially raise the level of National Income. (d) Explain the difference between real and nominal growth using the table above.Assessment task 2 Outcome(s) covered 2 Suggested solution and making an assessment decisionQuestion 1 A circular flow diagram clearly identifying the following in their correct places: Firms: Households: Markets for factors of production: Land, labour, capital and wages, rent, profit and income. revenue spending Goods and services sold Goods and services bought Firms Households Production inputs Land, labour, capital Wages, rent, profit income （PPT 书P74）Question 2Injections: Investment Withdrawals: Savings Government spending Taxation Exports Imports Appropriate examples: Investments: New factory being built 【built a new private enterprise (grow)】Government spending: New hospital being built (not PFI or PPP)【built public schools (grow)】Exports: Firm wins order to supply new computers to foreign firm 【In cooperation with foreign sales (grow)】Savings: High interest rates result in more savings【a country saves too much of its income (decline)】Taxation: Imports: Government raise level of income tax 【government raise income tax (decline)】Record numbers of holidaymakers go on overseas holidays 【spending on foreign goods by more national】（PPT书P73）Question 3(a) Any three from the following: Errors/omissions from the data gathered，Black economy，Non-recorded items，eg DIY, housework, barter，Transfer income，Double counting.(b) Methods may change over time. Accuracy of figures，Inflation adjustments，Social conditions，Work conditions，Unequal distribution of income. Spending patterns eg defence.(c) Explanation of multiplier either in words or through use of algebra（书P199.200）. Explanation should show that an initial injection to National Income results in a larger level of NI than the original injection. Propensity to save and consume.(d) An explanation of the difference between real and nominal growth, identifying that in real terms inflation is taken into account. In 1998 the growth rate is shown as 3%. If this figure is the nominal rate and inflation is measured at 3.1%, then there is no real growth in the economy. Any similar example will suffice.【GDP=Consumption +Capital investment spending +GeneralGovernment spending +Exports +Imports of Goods(Services) GNP=GDP+NPIA(Net property income from abroad) National Income=GNP-Capital Consumption Real Growth Rate=Nominal Growth Rate-Inflation Rate (Real Growth is the grow adjusted for inflation, Nominal Growth is the grow in the current value of money, Inflation Rate is measure of rate of change in price index)2000: 3.1-3.2=-0.1 no real growth 】附加工作总结一篇，不需要的朋友下载后可以编辑删除，谢谢安全生产监管执法工作方案5篇第一篇一、指导思想2014年，全区安全生产监管执法工作要以科学发展观为指导，全面贯彻落实《国务院关于进一步加强企业安全生产工作的通知》和《省政府关于进一步加强企业安全生产工作的意见》文件精神，进一步规范安全生产监管执法行为，落实行政执法责任制，提高依法行政水平，严厉打击安全生产领域的非法违法行为，及时消除事故隐患，促进全区安全生产形势进一步稳定好转。