Marketing strategy for a LAN gaming centre

Marketing strategy for a LAN gaming centre Our business which is called Pro-Gamers, is a LAN gaming centre and an entertainment area for people whom are interested in playing computer and console games. It will be useful to explain what LAN gaming is. LAN means Local Area Network that enables more than one person can play in the same game environment at the same time,(Wikipedia) In other words, it is simply a network of devices and computers in a given area. In the light of the information about the meaning of LAN, LAN game centre is a business where a person can use a computer connected over a lan to other computers in order to play multiplayer computer games. (http://wn.com/LAN_gaming_center) LAN game centres are becoming common and well known in the world wide. There are over 650 LAN game centres in the US and 90% of the LAN game centres in the world are in China (Wikipedia). We are living in a computer era now and computer games are becoming more and more popular in the world especially for the new generation. Therefore, this creates us a good opportunity to setup this kind of business in this North West region of United Kingdom as further market research shows the laciness in this kind of gaming centres and identifying such market gap we are going to establish this kind of gaming centre in the Liverpool region. 1.1 Location and focused customer groups: We are planning to launch our business model in the areas which are close to the four universities in Liverpool because LAN game centre is more related to young people. So our focus customer group is students especially international students. Students have large groups in general and they tend to play such games together in the same environment. However, it cant be easy for international students to find chance in order to play computer games, especially LAN games. Local students have their own game consoles and convenient computers in their houses that enable them to play such games comfortably. Because of this reason, we are focusing on international students and it is a well known fact that there are many Chinese students in Liverpool, considering the majority of LAN game centres are in China, we have a significant opportunity. 1.2 Collaborations: In terms of our collaborations, we are planning to work with the organisation of Interactive Gaming UK which is professional in LAN gaming in UK. The IGUK provides professional support to new LAN gaming centres. So, we gain another significant opportunity to make a successful start up process. 1.3 Business: 1.3.1 Structure: Our business models structure is divided into two parts. First one is about the products and services, and the second is about the platforms. With regard to the products and services, we are providing project rooms to our customers with wide screens for watching sports games such as football for British and cricket games for Indians. We have a small food court as well in order to have some drinks, snacks, sandwiches while customers are playing games. In terms of our platforms, 1.3.2 Equipments: We arrange high end Pcs, X-box 360 and play station 3 (PS3) with LCD TVs so our customers can play separately or together with their friends. 1.3.3 Products: On the other hand, we also provide special memberships separated by their willingness of playing platforms such as Pro-Gamers PC for computers users, Pro-Gamers X for x-box users and Pro-Gamers PS for play station users. It is an opportunity for the customers to pay less and the same for us as well because we make discounts for membership cards holders. 1.4 Future purpose: As mentioned in the introduction part, our business model is a LAN game centre and the popularity of playing such games is getting bigger day by day in the world wide. The most important example about the popularity of LAN games is the World Cyber Games. It is an international e-sports event arranged by Korean Company World Cyber Game Inc. and backed by Samsung and Microsoft. (http://www.wcg.com/6th/main.asp) It is the largest gaming festival celebrated once a year and more than one million visitors come every year to this LAN game event.( http://www.bukisa.com/articles/362457_the-top-pro-video-game-competitions) In world Cyber Game Championship, there are specific games which are quite common in the world such as counter strike and each country has its own teams to represent. The teams are playing against each other to win the World Cyber Game Championship. It can be deduced from the information above that this championship is the hugest and the most popular one in the world and the biggest companies are in support of this big event such as Samsung, Microsoft, Dell Alienware. Our future purpose is to create a LAN game team sponsor them and send them to represent UK in the World Cyber Game Championship by means of our business. Therefore, we will expand our business to the world wide and be a well known and famous game centre, and on later expansions of such teams we will be introducing our own teams from the countries in which where we will be operating our LAN-Game centre, in this way we are in an option to enter into the International market and make our feature in the game centres. 1.5 The uniqueness of our business model: It is the fact that uniqueness is one of the most significant features for a new small business in the start up process. It is the essential point that enables small businesses to run and make profit. If there are some important competitors in that business area, it will be so difficult for new businesses to grow. Considering our business model, we have this significant feature, we are unique in Liverpool. There are some LAN gamin centres in UK in different regions but in North West region which Liverpool is located, there is no LAN gaming centre. (http://lancenters.com/Default.aspx) The locations of the LAN gaming centres in UK are shown region by region in the table below. Approaches to Start up Process: Every business start up is a unique event. Everyone has a different set of skills and experiences, which may give rise to entrepreneurship opportunities (David Deakins and Mark Freel), e.g. personal SWOT. Everyone wants their launched business to be stable, profitable, and manageable. This is only achieved by selecting the prior approach model which fits within the business idea. Therefore every business organization should have to consider all the aspects of setting-up a business. According to David Deakins and Mark Freel there are three types of approaches in setting-up a business, they are: I. Intuitive approach, II. Methodological approach and III. Incremental approach. According to the business start-up approaches given by David Deakins and Mark Freel, our business idea i.e., setting up a game centre (pro-gamers) in Liverpool resembles to both intuitive approach and incremental approach. Where intuitive approach has the upper hand than incremental approach. Intuitive approach: Carl Jung noted that intuitive approach does not denote something contrary to reason. But something outside the province of reason. It is neither a magical sixth sense nor a paranormal process. Intuition is not the opposite of rationality, nor is it a process of guessing. it is a sophisticated form of expert hones over years of job specific, experience (prietula Simon, 1989). Therefore intuitive business approach means just start up from nowhere, with strong personal belief in the idea and with minimal planning. Intuitive approach is an opportunistic and tends to be high risk because of minimal planning. Therefore as our business idea to launch a game centre in Liverpool, intuitive approach suited our business idea because of the following factors, Opportunistic. Strong personal belief in idea. Minimal planning. Can be viewed by some as the true entrepreneurial approach. Has the advantage of speed. Tends to be high risk. The above are some of the factors of intuitive approach (entrepreneurship and small firms 5th edition by David Deakins and Margarent Fletcher). 2.1 STAGES IN THE START-UP PROCESS: Everyone who are intended to launch their new business in the market should undergo a number of stages in the start-up process of a business. Without considering the stages, one cannot launch a profitable business. Similarly we have considered the stages in the start up process in our business idea, which gave us a clear idea on the opportunities and validating the idea of our business. Thus the following are the stages in the start-up process of a business. Formation of the idea. Opportunity recognition. Validating the idea. Entry in to entrepreneurship. Launch and development of the ongoing business. Formation of the idea: The seed stage of your business life cycle is when your business is just a thought or an idea. This is the very conception or birth of a new business. This is the stage where idea is formulated. Opportunity recognition: Most seed stage companies will have to overcome the challenge of market acceptance and pursue one niche opportunity. The seed stage business should recognise the opportunities for their business to move to the next stage. In our business idea we had recognised a great opportunity, because there is no game centre located in the north-west of the United Kingdom which provides lan gaming, play station gaming etc. Validating the idea: Validating the idea is an important stage where one should validate his/her idea, and ensure that it really solid enough for ones personal investment of time and money. Therefore validation means collecting the prior information to validate the business plan. In our case we gathered the information and validated the business idea. Launch and development of ongoing business: Launch and development of an ongoing business is the last stage of the stages in the start-up process of a business (David Deakins and Mark Freel, 2009). It is the stage where the business idea is finally launched. To launch and develop the game centre in Liverpool we have to consider some of the factors like, business idea is : Depending on budget Organizing events for the awareness among the people Expansion : infrastructure Food court Cafà © and bar Projector rooms 2.2 Start-up options of a business: To launch every business plan into business activity there are four options to start up a business. According to David Deakins and Mark Freel they described start-up options of a business into the following categories. They are. Starting from scratch. Buying a going concern. Buying a franchise. Management buy-out/ Management buy-in. Therefore according to David Deakins and Mark Freel the best start-up option of a business, which fits in our business idea, is starting from scratch. Starting from scratch: Starting a business from scratch can be the most rewarding method of business start-up. Unlike Franchising, Referral Marketing and Buying a business- you are 100% on your own. Before you dive in at the deep end, there are plenty of things you can do to increase your chance of success. There is a better opportunity to know the market and competition, creating a realistic business plan etc. Our business idea fits starting from scratch start up option,because as there is no such game centres in the north-west region of UK which provides different ranges of fun facilities. Therefore it will be 100% of our own implementation. Therefore starting from scratch got both advantages and dis-advantages. Thus the following are some of them Advantages: Initial investment level is decided by yourself or your ability to attract investment. Many organisations offer support / subsidies / funding. You will have the chance to explore new business concepts / formulae. No restrictions on your business methods. Control expansion to suit. Ability to adapt quickly to changing economic circumstances. Great sense of achievement and ability to say I told you so. Potential to sell, franchise or float on stock market once business has established. Disadvantages: Most business start-ups fail in their first year. Takes time to build up the business. No goodwill from customers and suppliers. Ability for your friends to say I told you so. Potentially high risk than all the other options. 2.3 Market research and marketing: Market research: In todays world as the gaming industry is booming to an extent, many of the gaming companies are competing between each other to become the best. Therefore many of the game centres in UK are trying to make good business with this opportunity. As there are many lan gaming centres spread in UK, north west of UK doesnt got any. Therefore according to the IGUK (Interactive game United Kingdom) list of lan gaming centres, north-west of UK is a game centre free zone. Therefore our business idea is to fill up the market gap. Therefore we would like to launch a lan gaming centre in Liverpool to cover the market gap. Market targeting: According to our business idea, i.e. launching a Lan gaming centre in north-west of UK, Liverpool. We mainly focus on people between the age group of 12-20 (youth) because people of that age group are more attracted to play computer games. So we have mainly concentrated on the people between that age group. Our main target is to attract the students of different universities, schools etc. We mainly focus on international students because numbers of international students are un-able to play the games which they would play in their home countries. The main dis advantage or limitation of this business idea is the age group of the people, because people of above 25 years will not have interest to play computer games. As our business idea has the age limitation criteria, we cannot attract the whole market. Therefore we need to capture the young generation market to achieve the goals. When it comes to market targeting there are many issues which we have to consider. They are, How to target the market? Whom to target? Can the targeted market is enough to achieve the profits? Marketing and marketing strategies: As one of the famous scholar described in his words the meaning of marketing that Marketing is the social process by which individuals and groups obtain what they need and what through creating and exchanging products and values with others, (PHILIP KOTLER). Every business has to market its products and its services to the consumers according to consumer needs and wants. Every business has to market its products and services or people will be unaware of that particular brand. Every company follows their own marketing strategies to attract customers. Without implementing marketing strategies one cannot attract the customers. In our business proposal as the main target is on young generation, we are mainly focusing on the young minds. We are planning all kind of marketing strategies to attract them. Some of the marketing strategies are as follows. Distributing palm plates in all the universities, schools etc in Liverpool. Organising events to increase awareness among the people. Advertising through internet pop-ups Offering different membership categories. Organising inter college championships Advertising through social networks. 2.4 Organization and management team: Management structure: A Management structure consists of activities such as task allocation, co-ordination and supervision, which are directed towards the acheivement of organizational aims (pugh, D.S., ed. 1990). In other terms management structure is defined as it is the form of structure that determines the hierarchy and the reporting structure inn the organization. Explicit and implicit institutional rules and policies designed to provide a structure where various work roles and responsibilities are delegated, controlled and coordinated to acheive the organizational goals is known as management structure. Therefore every organization i.e. from small scale organization to large scale organization will have a management structure. Without an organizational structure one cannot run business effectively. According to pugh, D.S. he has described management structure in to 3 types. They are, Traditional structure (based on the functions between line and staff managements) Divisional structure (based on different divisions in an organization. i.e. product division, market division, and geographic division) Matrix structure (it is the mixture of both traditional and divisional structures.) Therefore according to our business proposal, as our business is on a small scale. The initial owners will be 4 partners. Every thing is carried on the basis of divisional management structure, by categorising on the product, market,and geograpgic structures. As our business idea throws a light on incremental stage also, there will be a chance of recruitments in the future. 2.5 Operations: There are certain feature milestones for our business, those are set for the development of the business by all means in the international market, the key reason that is forecasted in our business plan are on the primary purpose Milestones: every business has its milestones to achieve so as to work on the first step is to establish firmly in the local market and the next step is to enter into the national market and the third step is to enter into the international market by franchise way, Franchise is a kind of vertical marketing system with a contractual relationship between the franchisor and franchisee, (Brassington and Pettitt, 2006, Pg. 1082), and on later expansion there will be a cafà © and bar in addition for the lateral income to the business Project and events: Pro-Gamers will sponsor teams from the operative country and sponsoring them to WCG and on the other hand we will be organising tournaments in between the operative countries and also there will be tournaments from the universities in the operating countries, which has its key reasons to keep us active and also to gain profit from these kinds of activities. Resources and Locations: in our Pro-Gamers business the resources are in general will in collaboration of IGUK.Org and associates providing all the required equipments like (n Vidia, WD Raptor, Creative sounds, AMD, Keconnect Broadband, EXS systems), supports all game publishers by buying their games and to reject all forms of piracy,(IGUK.Org sponsors), followed by the locations in the initial stage it will be organised near the university or in permission of the university premises, and later in the slightest increment in organising it will be setup in the large stadiums, with this there will be standard cash flow which will be helping us in the development of our business. SMEs Internationalization: 3.1 Role of SMEs: Business is a profession that starts with purpose of making profits out of it, and theres a fact that should never be kept out of focus that is by all means to develop the business, its development, growth, expansion in the sense of local to international markets. It is always said that SMEs involvement in international markets is increasing (Hall and Donchels 1988, Lamb and Liesch 2002), yet SMEs are not fully represented in the international economy as large firms (Fujita 1988). Well SMEs are though in the international economy but their reliability and feasibility are questioned by the big players, but in the recent times there were many reports which says that SMEs will play a greater role in the rapidly changing economic environment (WIPO General Assembly, Twenty-six (12th Extraordinary) Session Geneva, 25/09/2000 3/10/2000), so we often come across the term SMEs so lets know what is a SME as it is defined as, The category of micro, small and medium-sized (SMEs) is made up of e nterprises which employ fewer than 250 persons and which have an annual turnover not exceeding 50 million euro, and/or an annual balance sheet total not exceeding 43 million euro. Extract of Article 2 of the Annex of recommendation 2003/361/EC (European Commission). The researches says that the SMEs are real player of the todays economy in comparing to the large businesses, but there are also some reports that says that they also fail as it is the span of business or lack in improvement to survive or cannot sustain the competition from the other business firms, A study by Equifax has revealed that the retail sector saw a 17.2 per cent rise in business failures last year, with many SMEs forced to close their doors, reports Creditman, Neil Munroe, the external affairs director at Equifax, confirmed that a number of the failures recorded would be small businesses, (SMEs business failure rate increases, Published On 8 January 2007). 3.2 SMEs Market Expansions: Well though business starts from some point, but there is a point that a business can develop itself to the international level by entering into the international market. Which is in the term called as Internationalization, well we are talking about internationalization lets know what is internationalization as there are many definitions that internationalization is defined but there is no exact definition to define it, as it can be defined in general term its an opportunity that is recognized by the firm to enter into the markets of different countries to expand their activities. This is what internationalization can be define or said in general. 3.3 Pro Gamers Internationalization: As it is defined the business of LAN (Local Area Network) gaming centre Pro-Gamers', which is our small business that we are going to start, as it is defined that at some stage it is in need to recognize an opportunity to enter into different market from, local to national and international in an order to expand our activities by all means considering all the ethical marketing issues in a specified market. As our gaming centre is basically a new kind of gaming centre that is different from the other gaming centres of indoor game activities or casinos, though it is well known in the international market but the confusion that is always observed by the audience in the locality of the Liverpool, is that it is the same kind of gaming centres like the casinos and the indoor game centre, which is basically not of that kind and it differentiate from the other gaming centres by all means. The market that is observed in the North West region of England does not have this kind of gaming centre to the farthest reach of people of Liverpool. 3.4 Gaming Market of North West of UK: Liverpool has 4 casinos. Our database says there are 35 gaming machines in Liverpool, and 45 total table games., as for these are the casino and indoor gaming centres these centres does not meet the exact criteria to Pro-Gamers, so this is one of its kind as mentioned, this game centre will have all the state of the art technology for the gaming purpose and all kind of games that makes its customers to experience the good gaming experience. 3.5 Entering into the International market: There are several reasons to enter into the international market or supply chain relies on the development of a supportive business environment for SMEs and the build-up of the human, technical, and financial capacity of these SMEs so they can understand the policies and operations of global supply chains and profitably respond to those requirements. (Pg 1, Enabling SMEs to enter into the International Supply Chain, June 2005) . These are certain reasons that makes Pro-Gamers to enter into the international market to expand our activity, as we mentioned earlier that we will be providing a membership options to the customers to play in the respective platforms and, later on to the interest of the customers we will be organising teams and sponsoring them to represent U.K, and later as we enter into the international market we will be expanding our activity and then we will be organising team from the operating countries and they will be battling against each other in the WCG and in occasions there will be tournaments between the Pro-Gamers teams from the operating countries in the mean time 3.6 SMEs Advantages and Disadvantages: As it is said the SMEs have the advantage compared to the Multinational Co., because it tend to Includes faster and more streamlined decision making process Less bureaucracy Low fixed cost, and More agility to responding to new customers needs and changes in the business climate. (European IT SMEs in India SMEs in focus: Main results from the 2002 Observatory of European SMEs). Pro-Gamers is a micro business unit has the advantage in comparing to the other gaming or casinos of its nature of being a micro business unit and having low number of employed personnel thus the maintenance is low and, it has the benefit of one time investment in local but as it grows to the international markets it need more investments and more persons to employee and expand the activities into the international markets. There are some disadvantages in the SMEs Internationalization which in general, include limited working capital and resources, more difficulty in attracting and retaining talented workers, and higher transaction costs. SMEs also tend to be young, specialized companies, which means they lack the scale and scope of larger firms. A small number of managers leaves SMEs with a lack of collective experience as well as a limited bench to draw from for new initiatives. Many SMEs are also suppliers to much larger multinationals, which often translates to a lack of bargaining power(European IT SMEs in India, Eric Olsson, Peter Schumacher pg 1). Resource constraints of SMEs can be turned to their advantage by maintaining flexibility and resource leveraging (David, D and Freel, M, entrepreneurship and small firms), as for the resource gathering the IGuk.org is reliable sponsor of all kind of hardware and software installation as for the pert of infrastructure and they also provide guidance for the financial approvals and financial activities. 3.7 Network Model: The network model is based on the social exchange of firms, there is always a network of organisation that come in touch of the new emerging business and thus IGUK.org is a kind of an organisation that introduces and provides all kind of support from the government as well as from the private investors, well entering into the international market there is an Org that will help in establishing LAN game centres iGames.Org, thus continues interaction will eventually increase the speed up in process of the organisational set up. These are details regarding the countries that has won the medals in the international WCG championship these are some of the primary sources and thus, there is another primary data the illustrate the area of operation of the international gaming organisations which is in the below chart. Thus these are some of the primary data that is collected in the initial market research Secondary data: The secondary that is gathered is by a questioners which is provided to the respondent and the result of the active respondent showed that this business is new and some thought that its an old business model but on later discussion with the respondent and making them aware of the business it just came to approve that most of the respondent are very much positive of the business, there we almost all of 60 respondent of which almost all were positive and some were not sure about what is the business but the positive respondent made it to appear a good customer response. There is questioner is attached to the file and its a prototype. Joint venture Strategies: Joint venture and strategic alliances is a process that Pro-Gamers is in the purpose of alliance that we are going to opt for the international market to set up our business and iGamer.Inc and WCG.Org are the international partners for us to establish in the international market and grow our business in all times there are certain countries that is targeted to enter, most of these countries are the economy of emerging and transition like India, Brazil, Turkey, Pakistan, Sri lanka these are some of the target market in the internationalization of our business.

Contract and Hire Purchase Act

1. What are the principles under the doctrine of binding precedent? When it comes to deciding on case, judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as â€Å"the doctrine of binding precedent†. The doctrine of binding precedent required that â€Å"like cases decided alike†. If a case now before the court has facts and raises issues similar to those of a previously decided case, then the present case will be decided in the same way as the earlier one.In this way, the earlier case, referred to as ‘a precedent’ will have provided a legal basis on which the latter case and subsequent cases could be decided. Generally, lower courts are bound to follow the decisions of courts higher than them in the same hierarchy. If the judge fails to follow a binding precedent, the decision of the said judge will be legally wrong and it may be reversed on appeal or overruled in a later case. Below is how The Doctrine operates in Malaysia. The court system in Malaysia, was last restructured by the Constitution (Amendment) Act 1994.The present court structure, which has been in force since then, is as follows : * The Federal Court stands at the apex of the Malaysian court system. It is headed by the Chief Justice. * Below the Federal Court is the Court of Appeal. This court is headed by the President of the Court of Appeal. * Below the Court of Appeal are two High Courts with co-ordinate jurisdiction. One is the High Court of Malaya which serves Peninsula Malaysia, while the other is the High Court of Sabah and Sarawak, which serves East Malaysia, i. e. Sabah and Sarawak.Each of the High Courts is headed by a Chief Judge. * Below the High Courts are the Subordinate Courts, the highest of which are the Sessions Courts, each of which is headed by a Sessions Court Judge. * Below the Sessions Courts are the Magistrates’ Courts, each of which is presided over by a magistrate. Paral lel to the Magistrates’ Court is the Juvenile Court (Court For Children) which is also presided over by a magistrate. * In Peninsular Malaysia (West Malaysia) there are provisions for Penghulu’s Courts below the Magistrates’ Courts.These are headed by a penghulu or village headman. He has very limited jurisdiction and usually deals with local disputes in an informal manner. However, in practice, these courts hardly function. * There are also the Native Courts and the Syariah Courts. These courts operate only at the State level. The Native Courts exist only in Sabah and Sarawak and they deal with native rights while the Syariah Courts deal with matters pertaining to Islamic law in the respective states. 2. Does silence amount to acceptance? Kindly support your answer with evidence.Silence does not necessarily indicate that there is acceptance. However, there are exceptional instances where silence may amount to acceptance itself. The rationale behind this general rule is based on the idea that acceptance must take some form of objective manifestation of the offeree’s intention though some form of positive action. This is to ensure that no one should be able to enforce a contract upon an unwilling party. Based on Section 3 of the Contract Act 1950 provides that acceptance must be made in the manner prescribed by the offer.However, based on Section 7(b) of the Contract Act 1950 states that when the acceptor deviates from the prescribed manner, the offeror must not keep silent. If he does so and fails to insist upon prescribed manner, he is considered as having accepted the modified manner. For instance, refer to the below case of Felthouse v. Bindley (1826) Case : Felthouse v. Bindley (1826) 11 CB (NS) 869; 142 ER 1037 * The plaintiff had discussed with his nephew, John, on the purchase of a horse belonging to John, and wrote to him, offering to buy his horse and added, â€Å"If I hear no more from him, I consider his horse is mine at ? 0 15s†. However, John did not reply. * Six weeks later, John, whilst selling his faming stock, told the auctioneer to keep the horse out of the sale as he planned to reserve the horse for his uncle. But the auctioneer sold it by mistake. The plaintiff then sued the auctioneer. * Held : There was no acceptance of the plaintiff’s proposal by John. Therefore, the plaintiff had no right to impose upon his nephew a sale of his horse by silence. However, there are exceptions to this, and a strong case to find for silence mounting to acceptance is when the offeree explicitly states that he wants his silence to be regarded as an acceptance. Using the above case of Felthouse v. Bindley (1826), if the fact is twist by saying that Plaintiff and John have communicated with each other about the sale of the horse, and John told Plaintiff that he should write him a note about the sale of the horse, and if Plaintiff does not receive any reply from him, Plaintiff can assume that John has agreed to the sales. In such an instance, should John not replying to Plaintiff, acceptance may be found and a binding, enforceable contract may be found.Hence, communication becomes effective when it has been communicated. 3. â€Å"A consideration must be adequate†. Do you agree with the statement? Is a contract without adequate consideration void? Support your answer with cases and statuses whenever necessary. I do not agree with the statement above as consideration need not be adequate but must be sufficient. There is no requirement that the consideration must be at market value, as long as the promisee provides something in value in example ? 2 for an exchange of a car would be valid. The courts are not concerned the adequacy.For example, we may refer to the below case of Chappell & Co v. Nestle (1960) Case : Chappell & Co v. Nestle (1960) Nestle had a special offer involving if customer sent in 1s6d and three chocolate bars wrappers, they would get a record of a son g called ‘Rockin Shoes’. Chappell & Co who owned the copyright of the song has brought an action for breaches of copyright and claimed royalties. Nestle willing to pay the royalties at 6. 25% of 1s6d however Chappell and Co argued that it should be include the chocolate wrappers although Nestle thrown it away after they received it.The court held that consideration must be sufficient but need to be adequate; hence, the chocolate wrappers were part of consideration as it was part to increase sales and provided value. Therefore, Chappell & Co granted the injunction and Nestle could not sell the records. Under the Malaysian Law, explanation 2 to Section 26 of Contract Act 1950 provides that an agreement to which the consent of the promisor is not void merely because the consideration is inadequate; but the inadequacy will be question by the court whether the consent of the promisor is freely given.The illustration (f) to Section 26 of Contracts Act 1950 clearly states the application of the rule: â€Å"A agrees to sell a horse worth RM1,000 for Rm10. A’s consent to the agreement was freely given. The agreement is a contract notwithstanding the inadequacy of the consideration†. This was illustrated in the case of Phang Swee Kim v. Beh I Hock (1964), the respondent’s solicitor notified the appellant that she had trespassed on the said land and claimed for vacant possession and for an account of all income received by her from the land. In May 1963, the respondent instituted an action against her claiming the relief stated.The appellant counter-claimed for a declaration that she was entitled to the said land. At the hearing, the appellant contented that there was an oral agreement made between her and the respondent in which the respondent agreed to transfer the land to her on payment of $500 in 1958. The learned trial judge accepted her evidence, but held that the agreement is void due to inadequacy of consideration. However, on ap peal the Federal Court held that by virtue explanation 2 to Section 26 of Contracts Act 1950, there was adequate consideration as being no evidence of misrepresentation or fraud.The appellant was therefore entitled to the declaration sought by her. 4. Is an invitation to treat an offer? Support your answer with cases, whenever necessary. An ‘invitation to treat’ is not the same as an ‘offer’. In order for binding contract to be formed, there must be an ‘offer’ and an ‘acceptance’ of that offer. An invitation to treat is sometimes mistaken for an offer. There are many similarities between an invitation to treat and offer, making the distinction can be difficult.A good way of looking at the difference between the two terms is that an offer is a definite promise to be bound on specific terms, whereas an invitation to treat is only an indication that someone is prepared to receive offers with the view of forming a binding contract. Thu s, the distinction turns on the specificity of the offer and the degree of vagueness or conditionality attached to it. The main situation where an invitation is mistaken for an offer is in advertising. Advertising is not an offer, but rather an attempt to induce offers. Advertising is therefore classed under contract law as an invitation to treat.Only when the customer offers to pay for the goods at the advertised price has an offer been made. Similarly, the ‘exhibition of good for sale’ can be confused as an offer when really it is an invitation to treat. When goods are displayed in a store this constitutes invitation to customers to make offers to purchase the items. Another situation is in auction sales. At an auction the bid itself is an offer then the auctioneer can either accept or reject the offer. Refer below list of cases of invitation to treat :- * An auctioneer inviting bids offers an invitation to treat when a bidder makes a bid.Case : Payne v. Cave (1789) I n this case, the defendant made the highest bid for the plaintiff’s goods at an auction sale, but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer, which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. * When a customer puts goods in basket, he or she makes an offer. Case : Pharmaceutical Society of Great Britain v. Boots Cash Chemists Lts (1952)Certain brand name medicines were displayed for sale in a self service store. The issue arose as to when and where the sale of the medicines took place. The reason this was an important issue was because the Pharmacy and Poisons Act 1933 S 18(1) provided that it was unlawful to sell such medicines unless the ‘sale is effected by, or under the supervision of, a registered pharmacist’. If the sale took place when the customer put the medicines in her shopping basket the sale would not take place ‘under the supervision of, a registered pharmacist’ because a pharmacist was present at the checkout desk.The issue here is before the court was when did the sale tale place? Was it when the customer put the medicines in her shopping basket or was it when the customer presented the goods to the cashier? The court held that the sale took place when the customer presented the goods to the cashier. The placing of the medicines in the shopping basket has no contractual significance. It was not even an invitation to treat since there had been no communication between the shopper and the shop. The contract would only be made at the cashier’s desk. The display of goods in a shop by shopkeeper is an invitation to treat. Case : Fisher v. Bell (1961) A shopkeeper was convicted of offering for sale a flick knife contrary to the Restriction of Offensive Weapons Act 1959 S 1(1); he had displayed the knife in his shop window . The shopkeeper appealed. The issue here is, before the court was whether the shopkeeper was offering a flick knife for sale. On the appeal the shopkeeper was acquitted of ‘offering’ a flick knife for sale. Before the magistrates court he was actually convicted of ‘offering’ the knife for sale.This case shows that goods on display are inviting customers to make an offer to buy them from the shopkeeper. In other words ‘goods on display in a shop’ are an invitation to treat not an offer to buy. * Supply of information is an invitation to treat. It is considered to be in the process of negotiation and not a define offer to sell. Case : Harvey v. Facey (1893) The prospective buyer, Harvey, sent a telegram to the seller Facey, asking: â€Å"Will you sell us Bumper Hall Pen? Telegraph lowest cash price. † Facey responded by telegram: â€Å"Lowest price for Bumper Hall Pen ? 900. † Harvey later eplied: â€Å"We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession,† but received no response. Harvey brought an action to enforce the contract. The court held a contract for the sale of the property could only have been concluded of Facey accepted Harvey’s final telegram. Facey had not said that he would sell the property and had merely stated the lowest price he was willing to sell at. Harvey could not imply Facey’s telegram was an offer to sell as this must be expressy given.In essence, a price quotation of itself does not amount to an offer but is merely an invitation to treat. An invitation to treat is quite literally an invitation to another party to negotiate, which does not suggest an intention of being bound. Hence, an invitation to treat is a tool to get negotiations going and show the terms which one party may be willing to accept, as opposed to an offer in which one party is prepared to be le gally bound by upon acceptance. 5. What is the definition of ‘contract of sale of goods’ under the law?A contract of sale of goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price, consisting wholly or partly of money. Where, by virtue of one or more contracts, a person has agreed for value to bail goods to a bailee on such terms that the property in the goods will or may at the option of the bailee pass to the bailee then, for the purposes of this Act, that person is deemed to have agreed to transfer the property in goods to the bailee, and the bailor shall be deemed to be the seller and the bailee shall be deemed to be the buyer.There may be contract of sale between one part owner and another. Thus, a contract of sale may be absolute or conditional. 6. Does the Hire Purchase Act cover all hire purchase transaction? The Hire Purchase Act does not in actuality cover all hire-purchase transaction. Hire Purchase agreement is used by Financial Institutions to fund the purchase of consumer goods (goods purchased for personal, family and household purposes), vehicles and other business equipment and industrial machinery.In Malaysia, the legislation governing hire purchase transaction is the Hire Purchase Act 1976, which came into force on 11 April 1968 after hire purchase became popular in the acquisition of expensive consumer goods such as cars, business equipment and industrial machinery. In respect of goods not specified in the First Schedule of the Hire Purchase Act, the parties are free to contract outside the provision of the Act or agree to be bound by the provisions. However, the First Schedule may be amended by the Minister concerned from time to time. 7. i) What is the main legislation governing partnership in Malaysia? In Malaysia the governing law that addresses partnership matters is provided in the Partnership Act 1961 (Act 135) (ii) What is the statutory definitio n of partnership as provided under the Malaysian Law? Partnership is defined by Section 3(1) of the Partnership Act 1961 as ‘the relation, which subsists between persons carrying on a business in common with a view of profit’. No person may be a partner with himself. There must be at least two or more persons to form a partnership.

Trends In Automotive Industry Implication On Supply Chain...

White Paper Trends in the Automotive Industry Implications on Supply Chain Management Author Michael Schwarz February 2008 Cisco Internet Business Solutions Group (IBSG) Cisco IBSG Copyright  © 2008 Cisco Systems, Inc. All rights reserved. White Paper Trends in the Automotive Industry Implications on Supply Chain Management Recent emphasis on global climate change is increasing pressure on automotive executives to make the right decisions in many areas, including RD and manufacturing. In fact, emission-level targets, currently in question, threaten to alter the entire structure of the auto industry. These challenges hit an industry already plagued with high costs, low profit margins, and accelerating competition.†¦show more content†¦At the same time, they must integrate local operations into their global supply chain management systems and programs. For example, sourcing processes from local suppliers must be aligned with global quality-assurance guidelines and procedures. Fragmentation Traditional car segments such as sedans, vans, hatchbacks, and pick-up trucks are fragmenting more and more into niches. Derivative car segments, on the other hand— such as coupes, roadsters, minivans, and two-seaters, as well as cross-over vehicles such as four-door coupes, SUV coupes, â€Å"soft†1 SUVs, and sport vans—are growing. A combination of customer demand for personalization—the right product for their specific use at the right time—and manufacturers conquering new customer segments is causing automakers to grow their product offerings. The environmental or â€Å"green† movement is encouraging fragmentation even further, by shifting demand away from large and/or high-consumption vehicles to smaller and/or more fuel-efficient cars, giving birth to even newer segments, such as city or microcars2, and new propulsion technologies, such as hybrids, clean diesels, and diesel hybrids. Despite measures to control incremental costs resulting from fragmentation—such as platform, module, and component sharing across models and brands—segmentation results in a more complex supply chain that needs to be managed. Hence, the supply chain requires integrated capabilities and flexible tools based onShow MoreRelatedFactors That Affect India Automotive Supply Chain Essay1339 Words   |  6 PagesIntroduction In the year 2000, automotive industry was going through a major transition globally. This transition in terms of consolidation of networks, had forced automotive part suppliers to change their working style and adopting to new changes made by automotive industry worldwide. In the long run this changes can be handle but short-term volatility is creating an environment of uncertainty. 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The Poetry of Robert Frost Essay - 1330 Words

Have you ever looked outside your window and wondered what the world really means? Reading Robert Frost’s poetry you will be able to form your own opinion and thoughts about this pulchritudinous world. His poetry is so deep and meaningful you will be overwhelmed with what was going through this man’s head. Life is not paradisiacal, and this is something Robert Frost knew but his poetry gave insight to the people of his time and the generations to come. Although Robert Frosts life was far from perfect he was still an extraordinary person; his great inspirations, themes, and figurative language have won him many honors and awards thus creating one of the greatest American poets known to this day. Robert Frost went though a lump growing up†¦show more content†¦Over the next decade life became more bothersome for Frost because he had a tremendous amount of jobs. Times were hard for Robert but he worked very hard to make due of what he had and did not complain of wh at he did not have. Frost life was filled with devastation and success all wrapped in one. His life was getting better when he met his soon to be wife Elinor White. Robert Frost and Elinor White married in 1895.(Barry ix). In 1899 the married couple moved to Derry, New Hampshire which is the state where he became a cobbler, farmer, and a teacher at Pinkerton Academy.(Barry ix). Frost and his wife had many children but sadly many of them did not live long enough to even see their teenage years.(Barry ix). His children went though some cataclysmic times, his son shot himself and his daughter was always very ill.(Bober 173). Whether his life was going marvelous or god-awful Frost still Gonzalez, Jones 3 managed to be a great friend, husband, and parent.(Burnshaw 458). Frost was making commendable career moves that no longer made him known as a farmer but as an auspicious poet. In 1912 he moved himself and his family to New England and even published his first book â€Å"A Boy’s Will†.(Barry xi). When Frost writes his poetry he talks about what he saw in the world or what was going on in his life.(Bober 10). Readers got to see a world in a uniquely explained way which was the way FrostShow MoreRelatedThe Poetry Of Robert Frost3137 Words   |  13 Pagesis to examine the poetry of Robert Frost for references to themes of nature, religion, and humanity and how they relate to each other. This exercise will be prefaced with a brief introduction to the man and his life as a segue to better understanding Frost’s verse. The unexpected but unavoidable aim of this composition will be to realize that Frost’s body of work is almost too sophisticate d to comprehend, his manipulation of language so elusive that each reader may believe Frost is speaking only toRead MoreThe Poetry of Robert Lee Frost810 Words   |  3 Pagesâ€Å"Poetry is when an emotion has found its thought and the thought has found words,† Robert Frost once said. As is made fairly obvious by this quote, Frost was an adroit thinker. It seems like he spent much of his life thinking about the little things. He often pondered the meaning and symbolism of things he found in nature. Many readers find Robert Frost’s poems to be straightforward, yet his work contains deeper layers of complexity beneath the surface. These deeper layers of complexity can be clearlyRead MoreRobert Frost And Modern Poetry1245 Words   |  5 Pagesmodern day poetry a bit, but few have done so much as Robert Frost has in the ways of influencing today’s poetry. A man widely renowned and respected in America, Frost used his shockingly modern writing style to help pave a path for the poems of the future. By analyzing this great poet, one can only hope to discover the true, raw meaning of the written words that have had a lasting impact on the views and, more importantly, on the world of poetry. This essay will explain how Robert Frost used hisRead MoreThe Poetry of Robert Frost Essay754 Words   |  4 PagesRobert Frost has long been recognised as one of America’s greatest poets. Each poem begins with a straightforward description of a place or situation and then gently moves towards commentary and reflection on human life. There are life lessons to be learned in every poem which appeal to the reader both intellectually and emotionally. Frost deals with various aspects of human life throughout his poetry, such as; childhood, relationships, death, decision making, depression etc. Frost expresses theseRead MoreAnalysis Of Robert Frost s Poetry1219 Words   |  5 Pagesthan a modern poet, it is difficult to place him in the main current of modern poetry. (1962:138) Because Frost s poetry has been responsive and illustrative of the Americans taste and aspirations, the latter have considered him their singer and bard to be acclaimed as America s Grand Man of Poetry as pointed out by Adlia Stevenson. (Grave,1985:2). Moreover, who is generally considered as one of the most prominent American poets of the 20th century, he is a symbolist poet on the groundsRead MorePoetry Analysis Robert Frost Essay733 Words   |  3 PagesPOETRY ANALYSIS: DESIGN Robert Frosts poem Design seemingly disputes the question whether there is a design to life; yet, he is not able to establish an answer. Despite the comlexity of his poem his implied message is rather simple. Frosts statement clarified humans eagerness to finding a meaning to life and an essential background and reason to events, regardless of how small and insignificant they might be. His work states an advice not to interpret too much into insignificant conincidencesRead MoreRobert Frost Poetry: Rhyme Schemes1178 Words   |  5 PagesRhyme Schemes of Robert Frost’s Poetry Jake Jelsone English 120-08 A rhyme is defined as a verse or poetry having correspondence in the terminal sounds of the lines. One of the best examples of a poet that mastered rhyming beautifully was Robert Frost. Robert Frost was one of the best poets of the twentieth century. He is highly admired for his work about rural life and command for the English language. While many poets like to free verse their poetry, Robert Frost normally does not. OneRead MoreRobert Frost s Poetry Style1228 Words   |  5 Pagesmodern day poetry a bit, but few have done so much as Robert Frost has in the ways of influencing today’s poetry. A man widely renowned and respected in America, Frost used his shockingly modern writing style to help pave a path for the poems of the future. By analyzing this great poet, one can only hope to discover the true, raw meaning of the written words that have had a lasting impact on the views and, more importantly, on the world of poetry. This essay will explain how Robert Frost used hi sRead MoreEssay on An Assessment of the Poetry of Robert Frost2857 Words   |  12 Pages beauty and innocence in human life is much the same as the years progress. Robert Lee Frost uses nature in such a profound approach; every aspect of nature can someway correlate with any characteristic of life. Whether it is the beauty in nature signifying the joy and happiness that every person experiences, or it be the traumatic losses and disappointments that may lead to ultimate failure or destruction, Robert Frost illustrates life, love and loss in the most natural and beautiful way feasibleRead MoreThree Elements Of Robert Frost Poetry1145 Words   |  5 PagesThere are three common elements that feature in much of Robert Frost’s poetry. The first is a portrayal of nature through vivid imagery (as appears in â€Å"Nothing Gold Can Stay†), which partially stems from Frost’s life as a farmer in rural New England (Pritchard). The second is a discussion of depression, darkness, and death (as appears in â€Å"Out, Out—† and â€Å"Acquainted with the Night†), which issues from Frost’s own experiences after his 3-year-old son, mother, and grandfather died within two years of