Future of Wal

Present Situation Wal-Mart Asda is one of the biggest retailers in the UK. It is necessary to note that Wal-Mart as well as its subsidiary Wal-Mart Asda is facing numerous constraints and the growth of the company has slowed down. Officials of the company note that the UK consumer is â€Å"under pressure† and people’s spending ability has decreased considerably (Thesing n.p.).Advertising We will write a custom essay sample on Future of Wal-Mart Asda specifically for you for only $16.05 $11/page Learn More At the same time, in the second quarter of 2013, Wal-Mart Asda had new customers (26% of the visitors were new customers) who spent more than average customers. Admittedly, it is tempting to focus on the new customers who spend 40% more. Nonetheless, it is crucial to take into account a number of issues. Opportunities and Threats Notably, at the period of the slowdown, the company has to consider new ways and approaches. However, the major marketing problem is whether the company should focus on the new group or stick to the target group of its customers. Focusing on the customers who spend more in the stores can be beneficial and can lead to a new wave of growth. However, it is necessary to remember that this trend can be short-lived and the new customers can stop spending more. The company’s officials admit that lots of their customers have been affected by the rise of prices, which has a negative impact on their spending ability (â€Å"Wal-Mart Results Hit† n.p.). It is important to pay attention to this trend while developing new strategies. Furthermore, the number of new customers is significant but even 30% of new buyers will not be able to spend more than 70% of the average customers of Wal-Mart. The company will have to develop a new approach to attract more new customers. However, it is unlikely that the number on new customers can increase significantly as the UK is facing various financial co nstraints. Effective Strategy Therefore, it is not wise to focus on attraction of the new customers. This strategy is too risky and can lead to huge losses as it can cause the loss of old customers. Thus, the retailer should not change the strategies employed. It is necessary to focus on the old customers. It can be helpful to develop new strategies to facilitate the old customers’ purchasing. At present, countries have to cope with financial constraints so it is not wise to change the focus and lose the target group of customers. At the same time, it is impossible to waste such an opportunity. It is important to attract the new customers. This direction should also be developed. Nonetheless, it requires certain research.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More It is possible to identify a number of research questions: to explore the extent to which the new group can increas e the company’s profits; to compare the profits gained from the new group and the target group of customers; to look into the nature of the new group of the customers (socio-economic status, their preferences, expectations); to look into the factors that affected the new group’s interest to the company; to explore the target groups’ preferences, expectations as well as spending ability. Thus, Wal-Mart Asda should invest into the research to understand whether the trend can be lasting. In other words, it is important to understand whether new customers will be able to spend the same amount of money. Moreover, it can be helpful to find out what exactly attracts new customers. This can help develop appropriate strategies which can foster new customers’ spending. Conclusion On balance, it is possible to state that the company should invest into certain research to identify whether the trend can be lasting. The company can also develop certain strategies to a ttract such customers. However, Wal-Mart Asda should still focus on its target group of customers as changing the strategy can be too risky and can lead to huge losses. Works Cited Thesing, Gabi. â€Å"Wal-Mart’s Asda Says Sales Growth Slowed as Consumers Struggle.† Bloomberg 15 August 2013. Web. â€Å"Wal-Mart Results Hit by Tough Markets as Asda Growth Slows.† BBC News 15 August 2013. Web. This essay on Future of Wal-Mart Asda was written and submitted by user 3-D Man to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Free Essays on Perception Of Color

Color. It is to our eyes what music is to our ears. Those of us blessed with vision can barely imagine a world without color. Colors evoke feelings in the manner of non-verbal communication, and stand to represent ideas, and so, in graphic design, as in all things designed, knowledgeable and appropriate use of color is critical. Color has a profound effect on people, both as individuals and as a whole. Psychologists have long since theorized that people's preferences for color and color mixes have deep psychological affect on your mood or feeling. Many now believe that colors cannot only cause emotional reactions, but can also correct mood and well-being. Considering that color in itself is merely the human eye's perception of light, its psychological influence is incredible, from causing depression, a desire for food, to subliminally affecting consumerism. A culture's attitude toward colors is also important in developing one's identification of different hues. There are many issues of color involved in graphic design. Besides the psychological aspects of color, one must be sure that the layout is easily comprehensible, and that the palette used in background, graphics, font and content work together. And so, I will acquaint you with some of the known psychological qualities of color and how colors relate to each other. Color is the visual effect that is caused by the spectral composition of the light emitted, transmitted, or reflected by objects. It originates in light. Sunlight, as we perceive it, is colorless. In reality, a rainbow is testimony to the fact that all the colors of the spectrum are present in white light. Light goes from the source, such as the sun, to an object, (let’s say an apple), and finally to the detector which is the eye and brain. Blue is by far the most popular color - conveying peace and tranquility, harmony, trust and confidence. Blue is said to increase productivity. On the other hand, blue... Free Essays on Perception Of Color Free Essays on Perception Of Color Color. It is to our eyes what music is to our ears. Those of us blessed with vision can barely imagine a world without color. Colors evoke feelings in the manner of non-verbal communication, and stand to represent ideas, and so, in graphic design, as in all things designed, knowledgeable and appropriate use of color is critical. Color has a profound effect on people, both as individuals and as a whole. Psychologists have long since theorized that people's preferences for color and color mixes have deep psychological affect on your mood or feeling. Many now believe that colors cannot only cause emotional reactions, but can also correct mood and well-being. Considering that color in itself is merely the human eye's perception of light, its psychological influence is incredible, from causing depression, a desire for food, to subliminally affecting consumerism. A culture's attitude toward colors is also important in developing one's identification of different hues. There are many issues of color involved in graphic design. Besides the psychological aspects of color, one must be sure that the layout is easily comprehensible, and that the palette used in background, graphics, font and content work together. And so, I will acquaint you with some of the known psychological qualities of color and how colors relate to each other. Color is the visual effect that is caused by the spectral composition of the light emitted, transmitted, or reflected by objects. It originates in light. Sunlight, as we perceive it, is colorless. In reality, a rainbow is testimony to the fact that all the colors of the spectrum are present in white light. Light goes from the source, such as the sun, to an object, (let’s say an apple), and finally to the detector which is the eye and brain. Blue is by far the most popular color - conveying peace and tranquility, harmony, trust and confidence. Blue is said to increase productivity. On the other hand, blue...

HUMANITIES Essay Example | Topics and Well Written Essays - 1000 words

HUMANITIES - Essay Example There was no discernable beginning, middle or end. I never knew if the piece was building towards a climax or if the end was seconds away. I think the lack of structure was a real factor in my lack of enthusiasm for this first piece. The second piece, with its repetitive rhythms was more enjoyable to listen to. It felt as though the music was going somewhere. While it did not follow a classical design, it was driven onward they the rhythm. I can see that a clear connection between ancient music and the music I enjoy today is the element of rhythm. I like music that makes me want to move or music that evokes a positive feeling. A driving rhythm is exciting because it evokes feelings of excitement and action. I guess I am a rhythm junkie whether I’m listening to modern or ancient music. The thing that strikes me first as I compare the sculptures of different periods of time is the weight and the heaviness of the figures. The earliest examples are heavily muscled and very bulky appearing (Classical Greek Sculpture, 1998). They have pleasing proportions, but they somehow look rigid and mechanical. There is little or no suggestion of movement. Even when movement is suggested, it appears as though the figure is awkwardly posed. As the ages advance, it is clear that the forms become more lifelike. They are less bulky and less muscular. There is also a feeling of movement about them. They appear to be real people caught in a moment in time. You can almost visualize the next motion they will make were they to somehow be brought to life. All of these figures are idealized versions of the human form. Muscles are emphasized and proportions are exacted to godlike specifications. The fact that some people actually do look like these sculptures (perhaps after a great workout at the gymnasium) just confirms the fact that most of us do not and cannot ever look this way. That

Deductive Reasoning and Inductive Reasoning Essay

Deductive Reasoning and Inductive Reasoning - Essay Example It also accused a senior church official of knowingly endangering thousands of children by shielding accused priests for years. The Philadelphia district attorney brought sexual-assault charges against the priests and teacher, and charged Msgr. William Lynn, with two counts of child endangerment, apparently the first time a church leader has been criminally charged with covering up abuse. Monsignor Lynn was secretary of the clergy under retired Cardinal Anthony Bevilacqua, responsible for investigating abuse allegations from 1992 to 2004. Instead, according to the grand jury, he shuffled credibly accused priests among unsuspecting parishes, putting â€Å"literally thousands of children at risk of sexual abuse.† (5)The report said at least three dozen accused priests remain in active ministry in the archdiocese, nearly all unidentified. (6)The grand jury asked the archdiocese for its records on the accusations against those priests; months later, (7) the archdiocese has not ful ly complied. (8)These are not the first accusations against the Philadelphia Archdiocese. A blistering grand-jury report in 2005 exposed the abuse of hundreds of children by more than 60 archdiocesan priests, lamenting that the church’s cover-up had succeeded since the statute of limitations made it impossible to prosecute the predators.

Planning and Resourcing Essay Example | Topics and Well Written Essays - 2250 words

Planning and Resourcing - Essay Example as de Trujillo, the Villas de Trujillo senior staff representative, the National Committee for Quality Assurance, the community of Villas de Trujillo community leaders, the major employees from the Department of Health and representative of residents of Villas de Trujillo . All other organizations and departments were equally represented by experts in the respective fields. This includes the specialist in Dengue Fever and education, the generalist physicians, experts in health care research services, statistics and epidemiology and health plan administrator. In ensuring that the Dengue Action Plan improvement project is successfully implemented, it is upon each stake holder to play his or her part according to the requirements of the project. It is, therefore, of importance to clearly outline the duties and roles of each member. The Dengue community Action Program is funded by the US Agency International Development (USAID) who is the key project facilitators. I will be Project Manager who would manage the Project Team in ensuring they comply with the project objectives. I will help develop Project Plan with the project team while managing performance of the team. I will work to secure acceptance and approval some deliverables from the Project Sponsor or the Stakeholders. I will play a major role in communication. This includes reporting status, risk management, issue escalation and, in generally making sure the project meets the delivered in the budget, on the given schedule, and within a set scope. Other functions of the project manager are listed below. As the managing director of Villas de Trujillo hospital, I am mandated to oversee overall project coordination. On the overall the following additional roles are central to my work as a project manager. Developing and delivering the strategic plans of the project in the most effective yet efficient manner. As a managing director, I am accountable for the project overall performance, as well as day-to-day

The CISG and the CESL

The CISG and the CESL In the 21st century, international contracts and cross-border sales are regularly used by people all around the world. Most goods we buy in our daily life are connected to at least one international contract in one way or another. A great part of the international economy and most businesses in Europe rely on international trades and cross-border transactions. But almost all international contracts share the same question: which legislation guides the contract? Is it the domestic law of the seller or the domestic law of the buyer? The answer to this question might have a big influence on, for example, the distribution of risks in the contract or the amount of damages paid in the case of a breach of contract. It is, therefore, essential for every cross-border trade transaction to know in advance which legislation will guide the contract. This is the point where the CISG and the CESL come into play. Both, the CISG and the CESL, try to provide the buyer and the seller with a reliable and unified legislation. Between all sellers and buyers located in a country that accepted the CISG the legislation for any given trade is determined by the convention. The CESL seeks to accomplish the same goal between all European countries. A reliable legislation is especially important in business to business transactions (B2B transactions). Businesses are usually involved in a great number of sales contracts with different business partners in different countries at the same time. The work required to evaluate risks and calculate appropriately would be just too costly. The only solution is a unified international sales law. However, the question arises why there is the need for a second cross-border sales legislation next to the CISG. The statement was given by the ICC on the European Commission proposal for a regulation on a Common European Sales Law also raises the same question. To answer this question, this assignment will compare the CISG and the CESL to one another. Therefore, this essay will have a look at the regulations provided by the CISG and CELS with a focus on the provisions related to e-commerce as well as on the backgrounds of both regimes. Firstly, the essay will introduce the two regimes and give some general information about them. Secondly, the essay will identify all major differences between the two legislations and analyse the CELS suitability to fill gaps in the CISG. The essay will also take a closer look at rules and regulations implemented by the CESL. Lastly, the essay will put the findings in relations to the needs of businesses and B2B transactions and thereby analyse whe ther the CESL is just an optional instrument or an improvement to the CISG. The essay will end by giving a conclusion. A. CISG The CISG was developed by the United Nations Commission on International Trade Law (UNCITRAL) and was signed in Vienna in 1980. The CISG came into force on 1 January 1988, after being ratified by 11 countries.[1] Currently, 78 states have signed the Convention[2] and the combined trade power of those 78 countries sums to about 80% of international trade. The only major country yet to sign the CISG is Great Britain. The CISG is described in the convention as follows: The CISG governs contracts for the international sales of goods between private businesses, excluding sales to consumers and sales of services, as well as sales of certain specified types of goods. It applies to contracts for the sale of goods between parties whose places of business are in different Contracting States, or when the rules of private international law lead to the application of the legislation of a Contracting State. It may also apply by virtue of the parties choice. Certain matters relating to the international sales of goods, for instance, the validity of the contract and the effect of the contract on the property in the goods sold, fall outside the Conventions scope. The second part of the CISG deals with the formation of the contract, which is concluded by the exchange of offer and acceptance. The third part of the CISG deals with the obligations of the parties to the contract. Obligations of the sellers include delivering goods in conformity with the quantity and quality stipulated in the contract, as well as related documents, and transferring the property in the goods. Obligations of the buyer include payment of the price and taking delivery of the goods. In addition, this part provides common rules regarding remedies for breach of the contract. The aggrieved party may require performance, claim damages or avoid the contract in case of a fundamental breach. Additional rules regulate passing of risk, anticipatory breach of contract, damages, and exemption from performance of the contract. Finally, while the CISG allows for freedom of form of the contract, States may lodge a declaration requiring the written form.[3] B. CESL The CESL was drafted by the European Commission in 2011. The CESL is based on the Draft Common Frame of Reference (DCFR)[4]. The CESL looks to unify trade law in the European Union by providing an additional legislation to the CISG. In contrast to the CISG is does not apply to contracts automatically but chose the so-called opt-in solution. The CESL only comes into effect if both parties agree on using it as the guiding legislation. The draft of the CESL has been revealed to the public, but the convention is yet to be ratified by the European Parliament. The first part of the CESL deals with the general principles and applications of the convention. The second part of the CESL deals with the definition of a legally binding contract, duties of the seller and the buyer while forming a contract, the conclusion of the contract, and the right to withdraw the contract. The third part of the CESL deals with the interpretation of a contract and the identification of unfair content. The fourth part of the CESL deals with the obligations and remedies of the performing parties in a sales contract such as delivery of the goods and payment of the agreed price. The fourth part also covers the distribution of risks in the contract. The fifth part of the CESL deals with the obligations and remedies under a service contract. The sixth part of the CELS deals with damages and interest. A. Objectives and scope of application of the CISG and the CESL The first point to discuss, are the objectives of the CISG and the CESL. Why were they implemented, what is their purpose, what is the goal they want to archive, and what contracts do they cover? 1. The CISG The objective of the CISG is to unify the substantive law of professional international sales of goods. The CISG, however, principally excludes consumer sales unless the consumer is not recognized as a consumer by the other party or where the consumer sells to a professional buyer.[5] Other than that, the CISG covers all forms of professional sales. The reason the CISG was drafted was the insight that different sales laws of different states hinder international trade. To remove those differences and to thereby simplify international trade. Since most merchants do not really care about the law applicable to their specific contract, the CISG only replaces the otherwise applicable national law as far as the CISG reaches.[6] The CISG applies automatically to all trade contracts matching the requirements of the CISG. 2. The CESL The purpose of the Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules.[7] The objectives of the CISG and the CESL are therefore essentially the same. Both conventions look to remove the national law from international trade, as the differences between laws represent a hindrance to cross-border trade transactions and should, therefore, be removed. However, the CESL, as its name already indicates (Common European Sales Law), only seeks to archive this aim within the European Union. The CESL does not apply automatically to all trade contracts within the European Union. It is intended to be an additional instrument parties of a sales contract can choose, in order to avoid differences between domestic sales laws. The authors of the CISG want a choice in favor of the CESL to be understood as a conclusive deselection of the rules of the CISG.[8] Additionally, the CESL is intended to apply mainly to consumer contracts and to small businesses. The CESL only covers contracts between consumers and professional sellers and contracts between professional traders if one of them is a small or medium sized business.[9] The CESL aims to protect the naturally disadvantaged party in an international sales contract. However, even though the CELS expressively excludes contracts between large businesses, the proposal includes the option to make the CESL available in large scale international sales contracts between large companies, if the member states chose to do so.[10] 3. Comparison The scope of application and the objectives of the CISG and the CESL only match to a very limited extent. Where the CISG aims to act as a tool to facilitate international trade on a global level between companies, the aim of the CESL is to protect consumers and small businesses primarily in the European Union. However, the scope of application of the CISG and the CESL overlap on small and medium sized businesses. In contracts between small and medium sized businesses the CESL therefore truly represents an optional instrument, as the statement of the ICC on the proposal states (Unless the member states decide to open the CESL to large businesses). This fact is, however, surprising, since the CESL ´s primary goal is consumer protection, whereas the CISG ´s aims to facilitate international trade between businesses. Another important aspect to notice are the different solutions on how the conventions are implemented into trade law. While the CESL is intended to be an alternative solution to existing domestic trade laws the involved parties can choose as an alternative, the CISG aims to replace the different national sales laws by default. B. Opt-in and Opt-out As mentioned before, the CISG and the CESL require different circumstances under which they apply. The CISG, on the one hand, applies automatically the moment its conditions of applications are met. However, this is only true in case the parties of the contract did not choose to opt-out, meaning the parties did not explicitly agree on excluding the CISG.[11] The CESL, on the other hand, chose a so-called opt-in solution. Only if the parties explicitly agreed on the application of the convention, is the contract guided by the CESL.[12] It is, however, doubtful whether the opt-in solution selected in the CESL provides an incentive big enough for businesses to opt into the convention. Since the CESL includes a high level of consumer protection, it seems unlikely that small businesses have any interest in the application of the CESL in their contract.[13] Consumer protection is usually not necessary in B2B contracts and sometimes even aggravates trade. It is therefore highly unlikely tha t businesses to whom the CESL applies choose the CESL over the CISG. C. Partial exclusion Article 6 of the CISG states that parties can exclude each part of the CISG or the convention as a whole from their contract.[14] The only exceptions to this are: (1) form requirements established by the member states according to Article 12 CISG[15], (2) the unwritten exceptions in the final provisions[16], and (3) the principle of good faith in international trade.[17] The CESL, on the other hand, can only be adopted as a whole, since its rules and regulations are mandatory.[18] This principle is revisited in recital 24 of the proposal for a Common European Sales Law as it states: In order to avoid a selective application of certain elements of the Common European Sales Law, which could disturb the balance between the rights and obligations of the parties and adversely affect the level of consumer protection, the choice should cover the Common European Sales Law as a whole and not only certain parts of it.[19] Contrary to the idea of an all or nothing solution in the CESL, recital 30 of the CISG reads as follows: Freedom of contract should be the guiding principle underlying the Common European Sales Law. Party autonomy should be restricted only where and to the extent that this is indispensable, in particular for reasons of consumer protection. Where such a necessity exists, the mandatory nature of the rules in question should be clearly indicated ;[20] indicating that only parts of the CESL are mandatory and can therefore not be excluded in case the convention is chosen as the guiding law. The compatibility of those contrary statements in the CESL is up for discussion and will probably only be resolved in case the CESL is issued. For B2B transactions it is essential to have the flexibility granted by the possibility of a partial exclusion of certain rules. Businesses will most likely only consider the CESL as an alternative to the CISG if it does not limit them in their freedom of contract. D. Conflict of laws The CISG and the CESL both are international conventions on sales law. They naturally compete with the international law established by the contractual states. Therefore, an important aspect of the CISG and the CESL is their relation with international private law. The regulation in the CISG is very straightforward: as far as the CISG reaches does it supersede private international law.[21] The supersession does not limit the parties in the exclusion of parts of the CISG and thereby also limiting its supersession. The CESL takes basically the same approach. The relationship between the CESL and the private international law is covered in recital 27 and Article 11 CESL. Article 11 states: Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules. Provided that the contract was actually concluded, the Common European Sales Law shall also govern the compliance with and remedies for failure to comply with the pre-contractual information duties.[22] Additionally, in recital 27 the CESL states: All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law à ¢Ã¢â€š ¬Ã‚ ¦[23]. The CISG and the CESL do not replace private international law as a whole. Both conventions only provide a uniformed international trade law inside their scope of application.[24] E. Comparison of specific regulations in the CISG and the CESL 1. Contractual conformity of goods The most important part of any law concerning the sale of goods are the rules regarding the contractual conformity of the goods. In the CISG this topic is covered in Article 35 and mainly focuses on the agreements of the parties made concrete in the contract.[25] Whether a good is delivered in the condition and quantity necessary to avoid liability does first and foremost depend on the way the parties described the good in the contract. Only if such an agreement was not included in the contract is the contractual conformity determined by assumptions made in the CISG.[26] The CESL takes a different approach. Whether a good delivered is in conformity with the contract depends on two different aspects: The goods must match the agreement of the parties in the contract, but at the same time the good must be compliant with certain requirements laid down in the Articles 99 and 100 of the CESL.[27] This, so called, objective and subjective approach may be the standard in most modern consumer protection laws[28]. It most certainly does not comply with the needs and concerns of modern B2B international transactions. In trades between businesses goods can serve the intended purpose even in cases I which they are (not) fit for purpose for which goods à ¢Ã¢â€š ¬Ã‚ ¦ of the same description would ordinarily be used.[29] A case like this would lead to the preposterous situation, where the seller is liable for damages even though a good serving the purpose was delivered. This again demonstrates one of the main issues of the CESL regarding the usage in B2B transacti on. Unifying consumer protection and the interests of businesses in one convention never serves both interests equally well. Both, the CISG and the CESL, regulate the requirement of notification of lack of conformity and the examination of the goods in sales contracts between traders.[30] 2. Formation of contract The formation of a contract is an essential part of a trade law convention. It is therefore not surprising that the CESL is very similar to the CISG in many aspects and even copied some parts. a) Open price A difference is that Article 31 (1) (b) CESL requires only sufficient content and certainty for there to be a contract, while according to Article 14 (1) sent. 2 CISG an offer is sufficiently definite if ità ¢Ã¢â€š ¬Ã‚ ¦expressly or implicitly fixes or makes provision for determining the quantity and the price. There is no doubt that under the CESL an offer with an open price can be a valid offer.[31] Under the CISG this question was disputed. But since the parties can derogate from Article 14 CISG they can validly conclude a contract even if the offer leaves the price open. Then, according to Article 55 CISG, the market-price fills the gap.[32] Thus, despite differences in formulation both regulations here accord in substance.[33] b) Incorporation of standard contract terms Standard contract terms are without a doubt an important part of international sale contracts. However, the standard contract terms are not regulated in the CISG. In the past 25 years courts and scientists developed basic rules in regard to standard contract terms considering the fundamental principles of the CISG.[34] The CESL does include rules regarding standard contract terms.[35] The CESL copied the solution the German supreme court established.[36] Article 70 of the CESL states: Contract terms supplied by one party and not individually negotiated within the meaning of Article 7 may be invoked against the other party only if the other party was aware of them, or if the party supplying them took reasonable steps to draw the other partys attention to them, before or when the contract was concluded.[37] The CESL does however not include regulations regarding the meaning of reasonable steps in a B2B relation. Neither does the CESL include rules about the language in standard contract terms between businesses, since Article 82 CESL does only apply to B2C contracts. A further uncertainty in the CESL is Article 86: In a contract between traders, a contract term is unfair for the purposes of this Section only if: (a) it forms part of not individually negotiated terms within the meaning of Article 7; and (b) it is of such a nature that its use grossly deviates from good commercial practice, contrary to good faith and fair dealing.[38] The terms good commercial practice, good faith and fair dealing are not defined in the CESL. Providing a well-established meaning towards those terms would take years of court ruling and scientific research. The implementation of rules regarding standard contract terms in the CESL is a step in the right direction. The usage of standard contract terms is common throughout international sales. Easy and well-established rules are essential for a healthy trade environment and the acceptance of the rules. There are however too many weaknesses and uncertainties in the rules of the CESL to identify them as an improvement compared to the practice established in the CISG. Especially in B2B transactions, there are too many undefined words and phrases to make it a reliable set of rules for businesses to use. c) Defects of consent As indicated above, the Vienna Sales Convention contains rules on the formation of international commercial sales contracts. However, Article 4 CISG expressly provides that the Convention is not concerned with the validity of the contract or with the effect which the contract may have on the property in the goods sold. These matters have therefore been left to the applicable national law to regulate. However, Article 4 CISG adds that this is different in so far as is otherwise expressly provided in this Convention. The question of whether a topic has or has not been included explicitly or impliedly within the scope of CISG is, however, difficult to answer in practice and has been the subject of much litigation the prevailing view is that this must be assessed on the basis of CISG itself, and it is assumed that a topic that is not expressly regulated in CISG may nevertheless be governed by the Convention on the basis of the general principles of the Convention.[39] Defects of consent concern the validity of the contract and will therefore not be governed by CISG, unless specified otherwise. Is this indeed the case? It is generally assumed that in so far as a mistake or misrepresentation relates to the characteristics of the goods, to the creditworthiness of the buyer or the extent to which the buyer is capable of performing his obligations under the contract, these matters fall within the scope of the provisions on the conformity of the goods (Articles 35 ff CISG) and the provision regarding anticipatory breach (Article 71 CISG), which implies that resorting to the applicable national law on these matters is not necessary. [40] In that case, the uniformity that CISG is to bring about obstructs the application of a national approach towards mistake or misrepresentation in cases which concern conformity.[41] This implies that in most cases where a buyer could rely on a remedy based on mistake or misrepresentation in relation to the sale of goods under national co ntract law, he cannot rely on that remedy if CISG applies to the contract although CISG does not explicitly deal with these issues, they impliedly fall within the scope of CISG. Cases where the buyer concluded the contract under the influence of fraud or deceit is thought not to be governed by CISG,[42] even though in these cases also there is often a close connection with conformity issues. Therefore, national rules on fraud apply where a mistake has been deliberately caused by the seller so that in such cases the contract may be void or avoided. Similarly, CISG does not deal with issues such as threat, abuse of circumstances, which means that the buyer may rely on the remedies available under the applicable national contract law for these defects of consent, even where CISG applies.[43] The Common European Sales Law contains a comprehensive set of provisions on a fundamental mistake, fraud, threat and unfair exploitation (Articles 48-51 CESL). In the subsequent articles, the exercising of the power to avoid or confirm the contract and the consequences thereof are regulated (Articles 52-55 CESL). These provisions by and large overlap with national approache s in these areas, even if the requirements under CESL to invoke a remedy for, for instance, unfair exploitation may be stricter than national doctrines on abuse of circumstances. This entails that in so far as CESL applies to the contract, defects of consent are exclusively dealt with under the umbrella of CESL, and no recourse is needed or possible to the national contract law on this subject. This means that the parties to the contract will not be taken by surprise by the availability of a remedy for a defect of consent or the absence of such a remedy under the national contract law on this subject. In this respect, opting for CESL rather than CISG is certainly more attractive for both parties, as the former lays down a more comprehensive legal regime [1] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.htm; The signing Nations were Argentina, China, Egypt, France, Hungary, Italy, Lesotho, Syria, the United States, Yugoslavia, and Zambia. [2] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.htm for a complete list of all member states. [3] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html [4] Von Bar: Priciples, Definitions and Model Rules of European Private Law, Draft Common Frame of Reference (DCFR) [5] Art. 2 lit a CISG. [6] U Magnus, CISG and CESL, p. 226. [7] Art. 1 Proposal; see also Explanatory Memorandum to the CESL, COM (2011) 635 final, p. 4. [8] Recital 25, Proposal for a Common European Sales Law. [9] Art. 7, Proposal for a Common European Sales Law. [10] Art. 13 lit. b, Proposal for a Common European Sales Law. [11] Art. 6 CISG. [12] Art. 3 Proposal for a Common European Sales Law. [13] U Magnus, CISG and CESL, p. 229. [14] Art. 6 CISG. [15] Art. 12 CISG [16] Art. 89-101 CISG, with the re-exception of Art. 100 CISG. [17] Art. 7 (1) CISG [18] Art. 8 (3) Proposal for a Common European Sales Law, this is at least true for B2C transactions. [19] Recital 24 Proposal for a Common European Sales Law. [20] Recital 30 Proposal for a Common European Sales Law. [21] U Magnus, CISG and CESL, p. 238. [22] Art. 11 Proposal for a Common European Sales Law. [23] Recital 27 Proposal for a Common European Sales Law. [24] Grundmann S, Common Market Law Review, Session 50 (2013), pp 237-240. [25] Art. 35 (1) CISG [26] Art. 35 (2) CISG [27] Art. 99,100 Proposal for a Common European Sales Law. [28] Feltkamp/Vanbossele, European Review of Private Law, Volume 19 (2011), p. 886. [29] Art. 100 (b) Proposal for a Common European Sales Law. [30] Art. 38, 39, 43 CISG; Art. 121, 122 Proposal for a Common European Sales Law. [31] Art. 18 (1) sent. 2 CISG and Art. 34 (2) CESL or Art. 19 (3) CISG and Art. 38 (2) CESL [32] LG Neubrandenburg 3 August 2005, CISG-online Nr. 1190 [33] U Magnus, CISG and CESL, p. 243. [34] Schwenzer, Inrto to Arts 14-24 CISG; Art 14 CISG [35] Art. 70 Proposal for a Common European Sales Law. [36] Mazeaud, Unfiar Terms in Contr

The Roman Legacy Essay -- Ancient Rome

With the decline and fall of the western empire, the classical age of Rome came to a close as disease, warfare and corruption conspired to bring about the downfall of an ailing empire that had once conquered the known world. Where once enlightened despots had ruled a debauched and unwieldy polity, now barbarians stood over the ruins of a once thriving metropolis. In its absence a new world would arise with new values and ideals. Turning their back on a pagan past the Christian children of these wild men from the north would spawn the greatest houses of future European nobility, and when they looked back for a legacy, they would not see their ancestors as pillagers picking at the bones of a defiled Rome, but instead as its trusted guardians, partnering with the Church to carry her legacy through the â€Å"Dark Ages†. Greece, which had endured its own dark ages millennia beforehand, became the cradle of the western artistic ideal. It’s society was like none other. Organizationally, it preferred a unique form of government called democracy, when other societies around god-kings and despotic strong men. Its ambitions asserted the perfection of man, his unique place in the world. As stories became myth and myths became legends, humans (or human like) gods began to appear in the religious centres of worship. Unlike the gods of Egypt, who almost always have some animalistic component to their physiology, the Greek gods were human-like. Zeus had a human body, hands and feet; for all intents and purposes, he was the first super-man. This was an epic reversal. Where once man relegated himself to the animals, now the Greeks had placed man above the merely natural and into the realm of the supernatural. The human form was exemplified in sculptur... ...prayer books, we get illustrations of the peasant farmer at work in his fields throughout the seasons, alluding to the year round labor required to feed a near starving passel of half a dozen children. In the illuminated Bibles, we see fabulous illustrations off the fabled kingdoms of the east and wild bestiaries of exotic man-imals and creatures said to dwell in terras ingonito, daring men to venture into the unknown again and call at the courts of Pryster John, lord of all the Indias. In the Cathedrals, some of the most dramatic mathematical aspirations were envisioned in stone as towns and masons set out to trump one another with brilliant feats of engineering not attempted since the heights of Rome. This was a world trying to right itself again after the fall of the greatest empire the world had ever seen, a world many wanted to see gain a new purchase on earth.