Treibacher Industrie

Treibacher Industrie, A. G. v Allegheny Technologies, Inc (2006) Facts: The case proceeded to a bench trial, where TDY and Treibacher disputed the meaning of the term â€Å"consignment†-the delivery term contained in both contracts. ? TDY introduced experts in the metal industry who testified that the term â€Å"consignment,† according to its common usage in the trade, meant that no sale occurred unless and until TDY actually used the TaC. Treibacher introduced evidence of the parties' prior dealings to show that the parties, in their course of dealings (extending over a seven-year period), understood the term â€Å"consignment† to mean that TDY had a binding obligation to pay for all of the TaC specified in each contract but that Treibacher would delay billing TDY for the materials until TDY had actually used them. TDY now appeals. ? TDY contends that, under the CISG, a contract term should be construed according to its customary usage in the industry unless the parties have expressly agreed to another usage. TDY argues, in the alternative, that the district court erred in finding that, in their course of dealings, Treibacher and TDY understood the term â€Å"consignment† to require TDY to use and pay for all of the TaC specified in each contract. ? Finally, TDY contends that, if we uphold the district court's ruling that TDY breached its contracts with Treibacher, we should remand the case for a new trial on damages on the ground that the district court erroneously found that Treibacher reasonably mitigated its damages. SUMMARY AND FINDINGSA) By analysis of the CISG, which governs the formation of and rights and obligations under contracts for the international sale of goods. ? CISG, arts. 1, 4. ?Article 9 of the CISG provides the rules for interpreting the terms of contracts. ? Article 9(1) states that, â€Å"parties are certain by any usage to which they have agreed and by any practices which they have established between themse lves. † ? Article 9(2) then states that, â€Å"parties are considered, unless otherwise agreed, to have impliedly made applicable to their contract which under international trade and well known? All parties to contracts of the type involved in the particular trade concerned. † ? Article 8 of the CISG governs the interpretation of the parties' statements and conduct. ? A party's statements and conduct are interpreted according to that party's actual intent â€Å"where the other party knew ? what that intent was,† CISG, art. 8(1), but, if the other party was unaware of that party's actual intent, then â€Å"according to the understanding that a reasonable person ? would have had in the same circumstances,† CISG, art. (2). ? To determine a party's actual intent, or a reasonable interpretation thereof, â€Å"due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties. † ? CISG, art. 8(3). Which Treibacher’s materials in consignment store, published usage reports and invoices to support the order made. One of evidence to goods receive parties are known the action made.In arguing that TDY knowing the term's customary usage takes precedence over the parties' understanding of that term in their course of dealings, in which states that, â€Å"parties are considered, unless otherwise agreed, to have made applicable to their contract† customary trade usages.? In support of its argument, TDY can points it out anytime when they are question and revise the contract in between themselves. If not, intended the word â€Å"agreed,† in article 9, to mean express agreement, as opposed to silent agreement by course of conduct. ? B)?The district court did not commit clear error in finding that, in their course of dealings, TDY and Treibacher defined the term â€Å"con signment† to require TDY to accept and pay for all of the TaC specified in each contract. ? The parties do not dispute that they executed, between 1993 and 2000, a series of contracts in which Treibacher agreed to sell certain hard metal powders, such as TaC, to TDY. ? Which TDY has number of times to discuss the contract and terms, also whereby how Treibacher agreed to sell a fixed quantity of materials at a fixed price for delivery to â€Å"consignment. In additional, some of material needs to install upon TDY's request and all the logistic issue follow in between Treibacher and TDY such kept the materials it received from Treibacher in a â€Å"consignment store,† where the materials were labeled as being from Treibacher and segregated from other vendors' materials with all the usage report and record. ?In each instance, TDY ultimately withdrew and paid for the full quantity of materials specified in each contract.Obviously they had been communicated each other for t he order. In regards of damages claims, the district court did not commit clear error in finding that Treibacher reasonably mitigated its damages. ? The CISG requires a party claiming breach of contract to â€Å"take such measures as are reasonable in the circumstances to mitigate the loss. †, but it places the burden on the breaching party to â€Å"claim a reduction in the damages in the amount by which the loss should have been mitigated. † ?In sum, the district court properly determined that, under the CISG, the meaning the parties assign to a contractual term in their course of dealings establishes the meaning of that term in the face of a conflicting customary usage of the term. Which in the normal practices for order and the judgment of the district court is affirmed.? The district court was not clearly erroneous in finding that Treibacher and TDY understood their contracts to require TDY to purchase all of the TaC specified in each contract and that Treibacher t ook reasonable measures to mitigate its losses after TDY breached. ?

Motifs in Grendel Essay

Throughout John Gardner’s novel, Grendel, there are many literary tools and compositional risks used to support the overall meaning of the story and to show change in the main character, Grendel. One compositional risk that Gardner uses extremely effectively is motif. A motif is defined as recurring structures, contrasts, or literary devices that can help to develop and inform the piece’s major themes. The most effective motif Gardner uses over the course of the novel is the recurring references to the signs of the zodiac. Other important motifs referenced in Grendel are the seasons, machinery, and the number twelve. Starting in chapter one, Gardner effectively uses the zodiac signs to reinforce the changes in Grendel and the changes in time. Grendel is split into twelve chapters, each corresponding to a different zodiac sign. In each chapter, one of the twelve zodiac signs is referenced at least once. The zodiac references also appear in the exact order as the calendar, starting with Aries in chapter one and ending with Pisces in chapter twelve. In fact, the very first sentence of the novel is a reference to the first zodiac sign. â€Å"The old ram stands looking down over rockslides, stupidly triumphant. † (Gardner 5) This is a very simple zodiac reference and other simple references occur in chapters two and ten, when Grendel encounters a bull and goat respectively. However, some of the zodiac references are tougher to locate. Chapters five and seven are among the difficult references. Chapter five refers to Leo the Lion, but a lion is never mentioned in the text. Chapter seven refers to Libra the Balance. The reader must infer the peace offering of Wealtheow to represent a force of balance between the Scyldings and the Helmings. Another motif used extremely effectively throughout Grendel is the seasons. Grendel is not a novel written in chronological order. The book begins somewhat at the end, then enters a series of flashbacks, and ends in the present. However, even though the novel skips around chronologically, it is patterned after the passage of a one-year calendar. The novel begins in the spring of Grendel’s last year alive and ends with him dieing the following winter. This is appropriate because spring normally represents growth and new beginnings, so this is an ideal place to start a story. It is also appropriate because winter normally symbolizes death and Grendel is slain by Beowulf during the winter. Machinery is another motif used to perfection by Gardner in Grendel. Many times throughout the course of the novel, Grendel uses metaphors describing animals and humans as â€Å"machine-like† because they mindlessly adhere to set patterns of behavior. Grendel first notices this in the ram, which instinctively responds to the arrival of spring and will not leave no matter what Grendel does because the season is upon us. â€Å"I shake my two hairy fists at the sky and I let out a howl so unspeakable that the water at my feet turns sudden ice and even I myself am left uneasy. But the ram stays; the season is upon us. † (Gardner 5) Later in the book, Grendel describes himself as â€Å"mechanical as anything else† when the warm weather causes him to start his raids on the mead hall. One final motif used throughout Grendel is the significance of the number twelve. To start off, there are twelve months in a year and the narrative is broken into twelve chapters. Next, there are twelve zodiac signs and all twelve zodiac signs are referenced in the book. Finally, there are twelve years in the war between the Danes and Grendel, with Grendel being slain via Beowulf in the twelfth and final year of the war. Obviously the number twelve is a recurring theme throughout the novel making it a very significant motif. A motif is defined as recurring structures, contrasts, or literary devices that can help to develop and inform the piece’s major themes. John Gardner uses many motifs throughout Grendel to help explain the story and themes in the story. The most effective motif used is the zodiac symbolism in each chapter, but the motifs of the seasons, machinery, and the number twelve are also imperative in helping explain the overall meaning of the story. Motifs should be used whenever possible to help explain a story, plus they provide readers with an interesting topic for debate when discussing a novel.

Free Will and Leo Tolstoy Essay

â€Å"You say: I am not free. But I have raised and lowered my arm. Everyone understands that this illogical answer is an irrefutable proof of freedom.† (Leo Tolstoy, 1998) This is the quotes of Leo Tolstoy, which related to the scene we present to you. This quote means that everyone has their own free will, their actions depend on their own decision and their future evolves. If you apply this quote to scene one, you can see that even when Anderton know his own destiny that he will kill Leo Crown, he will become murderer just like the precogs predetermine, he believe that destiny could not be changed and destiny have been set up so everyone will follow that trail to the end of their life. But in every man there exist a free will in them, it been proved that in the moment Anderton must decides to pull the trigger and murder Leo Crown or not, he overcome his feeling, made his own decision even though he knew his destiny, he chose not to kill Leo and changed his future by himself. It proved that everyone has their free will and their future are in their hand, not in destiny. According to our project, our point of view which we have been refer in our present is every man have their own choices, they create their own future, destiny still a myth to us, it been shown in the movie we presented. Many philosophers believe in free will, one of the most famous philosophers is St.Thomas Aquinas, this is the quote from him: â€Å"Man has free choice, or otherwise counsels, exhortations, commands, prohibitions, rewards and punishments would be in vain.† This quote means that if free will not exist, then everything we do will become meaningless, anything happen in our life is in one order and we are just following the patch, perpetrators would not received punishment.

Vulnerable Population in the Workplace Project Essay - 1

Vulnerable Population in the Workplace Project - Essay Example 2009). The disadvantages are driven by the social conditions, which a person works, live, play, and learn. This paper provides an overview of the health disparity in work place among the elderly. In the United States, health care disparity manifests itself in a number of ways both major and multiple. In one side, the health disparity is evident articles, which address life expectancy; the shortest and the longest living. On the second side, is the economic burden, in which a joint research by the Joint Centre for Political and Economic Studies, observed that cost of health care provision contributes to premature death. The aforementioned disparities lean on social and economic factors; where one lives, work, grow, and age. Primarily, social determinants such as access to care, poverty, and low socioeconomic status influence health provision in the society (RCEZEC 2009). It is arguable that the disparities in health provision influence health outcome. The health care disparity influen ces the lives of the underprivileged in the society more than the other groups. Health documents categorize the following groups under the underprivileged the disabled, the elderly, low income among others. The society seems to be judging the aforementioned categories before providing them with this vital service. Some critics have observed that the elderly in home health care have been subject to disparity. In a bid to establish the barriers to health care disparity, a study in a home health care for the elderly was paramount. The documentations about barriers to health care have indicated the following. The main barrier that hampers provision of health care among the elderly is the language barrier. Communication is essential tool in discharging healthcare services because of a number of reasons. Firstly, communication enables the healthcare practitioners to establish the right medication for the patients (HHS, 2010). Secondly, communications enables effective services to the pati ents. The second barrier documented to health care provision is the low income. Elderly, persons living in homes for the elderly have to meet the bills for the services they acquire in these facilities. In addition, meeting the expenses would depend on the income level of the individual. Coincidentally, many old people from the low-income families do not demonstrate the ability to meet their own bills because of limited savings. The above barriers have influenced provision of health care in the elderly home. The historic disparities, socially or economically has shaped the elderly that the project has targeted. Most Hispanic elderly, speakers have limited knowledge in English language. This has been a challenge in promoting health care provision in homes that host this group. The language problem has historical root, emanating from the cultural preferences, poverty, and political inclinations that shaped the lives of people in the past. Presently, attending to their social challenge s involves, understanding their culture, social status and bridging between modernity and the ancient tradition. Action Plan to Combat the Barriers Since language barrier influence the provision of health care among the elderly in the elderly homes, this project has established that it can work with bilingual nurses or healthcare professionals. This plan intends to give attention to health disparity cases of elderly persons that fail to communicate their problems effectively to the medical practitioners. The Hispanic

Tort. Causation and remoteness of damage Essay Example | Topics and Well Written Essays - 2250 words

Tort. Causation and remoteness of damage - Essay Example The concept appears simple, but proving the chain of causation between the violation of a duty by the defendant and the resulting injury upon the claimant’s person or property can sometimes be extremely hard. Nonetheless, the fundamental test is to establish whether the harm would have taken happened without the defendant’s violation of the responsibility owed to the aggrieved party. This paper examines causation and remoteness as the primary tests for proving negligence claims. Negligence claims for tort have become increasingly common in modern societies because they safeguard the interests of parties and prevent personal injury upon other persons (Abraham, 2013). In such cases, if the negligent acts of an accused party are found to have attracted other material costs to the claimant, then the former party can be liable for the additional costs of harm as well. According to Stauch (2001), Asbestos negligence proceedings which have been instituted for many decades are based upon the concept of causation. The claims are normally interwoven with the ordinary concept of an individual or party causing injury to others through soared insurance bills, medical, or operational costs among other compensable claims. With hefty compensations for such injuries seemingly secondary losses, some defendants have been severely affected by the negative economic impacts.

Social responsibility as part of the Livity youth marketing agency Essay

Social responsibility as part of the Livity youth marketing agency - Essay Example Society expects corporations to get involved in the community and to act in a socially responsible manner. Customers support companies that are ethical in their dealings with internal and external stakeholders. Social responsibility can be defined as the principle that businesses should contribute to the welfare of society and not be solely devoted to maximizing profits (Investopedia, 2012). A company that believes in the value and importance of social responsibility is the Livity youth marketing agency. â€Å"Livity is a socially responsible youth communications agency that works directly with young people every day to produce co-created campaigns and content for brands, broadcasters, charities and local and central government that achieve client objectives† (Livity, 2012). The purpose of this paper is to demonstrate ways to achieve social responsibility at Livity. The organization performs advertising campaigns to a diverse group of corporate clients including Google, BlackB erry, C4, Virgin Media and Big Lottery Fund. A way for the company to improve its social responsibility program is by donating the time of its employees to work on projects for nonprofit organizations. The company can set a quota of how many hours it will donate during a fiscal year. Nonprofit organizations interested in labor donations must file an application with the administration of Livity. The expertise of the team at Livity can help a lot of these organizations get noticed by the community. The operations of Livity currently use a lot of paper. Deforestation is a serious environmental problem that must be addressed by corporations worldwide. â€Å"The net loss of the world’s forests is estimated at 7.3 million hectares per year† (Facingthefuture). Some of the causes of deforestation are fires, industrial consumption and population growth. The United States, Europe and Japan consume approximately 22% of the paper worldwide. Livity can take a stance to act in a so cially responsible manner if it changes its paper utilization policy. The company can formulate a long term plan with the ultimate goal being to transform the company into a paperless environment. The use of technological tools is essential for companies to switch from traditional paper usage to a paperless office. A way to train employees to learn how to work in a paperless environment is to expose employees to virtual teams. A virtual team convenes and operates with members linked together electronically via networked computers (Schermerhorn, Hunt and Osborn, 2003). A simple first step to apply social responsibility to paper usage is to purchase only recycled paper. Another option for the company is to substitute the use of pulp based paper with another material. A company in Australia called Papyrus Australia Ltd (PPY) invented a new form of paper called banana ply paper. Banana ply paper is a new form of paper made out of the trunks of banana trees. The trunks of banana trees ar e a renewable source. Livity can negotiate a partnership with Papyrus Australia to license the manufacturing process in order to produce banana ply paper to supply the yearly needs of Livity. An environmentally friendly and socially responsible action that Livity can take is to sponsor a recycling program in the community. The company can set up a recycling program with the scope of covering an area of 100 square miles around the corporate headquarters office. In the future the target is to increment the reach of the program to 500 and 1,000 miles from the corporate headquarters. Some of the materials that will be picked from the homes of the participants of the program are paper, plastic and aluminum. The people that recycle must separate each material into separate bags. The company will also perform recycling in-house.

Cartridge world Case Study Example | Topics and Well Written Essays - 250 words

Cartridge world - Case Study Example Take for instance the Cartridge world has reduced the cost of printer cartridges allowing its customers to enjoy using their products without losing quality. The company has for this reason exceeded the expectations of its customers, and its competitors cannot duplicate such service (Arthur, Margaret and John 2011, 56). Focusing on becoming an overall low-cost leader has created a competitive advantage for cartridge world. They have differentiated their products and services from competition; they provide warranty so as not to invalidate their products to their customers. They also provide free collection and delivery; thus, cutting the cost for their customers (Jayne and William 2006, 45). The company has also focused on having distinct appeal to an individual or groups of customers, or maybe industrial buyers, concentrating on their differentiation concerns or cost. The company was able to recognize a need that existed in the market and was able to fulfill it. When its customers demanded change in the price of the ink cartridges, cartridge world introduced a new printer that was able to offer a cheap ink cartridge. It then introduced the product for sale at a competitive price (Porter 1998, 40). Fulfilling an existing need in the market was for that reason more effective than an attempt to identify e new need in the market and then making the customers aware of the need (Pearce and Robinson 2004,