Wednesday, December 18, 2019

Walmart The Human Resource Department - 1285 Words

Sam Watson the founder of Walmart once said â€Å"our people make the difference†. Walmart understands the importance of its human resource department. Its employees deal directly with its customers and this has an influence on the success of Walmart. The objectives and corporate goals of Walmart are cost reduction, saving money for on goods for its customers to live better and the acknowledgement that their success to a great extent depends on their employees. The human resource functions that Walmart has put in place to be in line with its business objectives are its retention programs/strategies, internal promotion and career development and compensation. Walmart is an American multinational retail corporation that has chains of large†¦show more content†¦Over the years, the human resource department of Walmart has broadened its traditional human resource functions of recruiting, training, employee welfare to accommodate functions that have to do with Walmart’s corporate goals and, thus aligning the human resource function with its business objectives. These functions are retention programs, internal promotion and career development and compensation. Sam Watson, the founder of Walmart placed so much value on his employees that he called the Walmart human resource department the people division instead of the human resource department. The employees are called associates rather than being known as employees. This gives a sense of belonging to he employees. One of the functions that help channel Walmart towards its corporate goals is its retention program. Walmart as a company suffers from relatively high employee turnover especially from among hourly sales employee (Thompson). The retention program is geared towards retaining the employees that Walmart already has. This is done by recognising the efforts of excellent staffs, by awarding bonuses to deserving staffs based on business performance, although this strategy is used for managerial positions (Thompson). It also includes promotions and training development to support the company human resource needsShow MoreRelatedOrganizational Structure991 Words   |  4 PagesOrganizational Structure: Walmart Michele Hileman MGT/230 June 15, 2015 Opening its doors in Rogers, Arkansas, Walmart started a profitable business in 1962. The founder, Sam Walton, could never have envisioned where his company would be in the present. Earning approximately $30,000 in 1962, Walmart has evolved into a multibillion dollar company earning over $15 billion in 2011 (Walmartstores.com, 2012). 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Tuesday, December 10, 2019

Legal Business Agreement Orthodox Community-Myassignmenthelp.Com

Question: Describe about the Legal Business Agreement for Orthodox Community. Answer: 1.Issue The critical issue in this case is to comment on the presence of the intention from the party to enter into legal relationship and determine that whether Richard has enforceable contract with his father or not. Rule There are certain essential elements of the valid enforceable contracts. There needs to be a valid agreement between the two parties along with the presence of the legal consideration for both the parties involved for the enactment of a contract. Another significant requirement that has to be fulfilled for enactment of an enforceable contract is that the concerned parties entering the contract must have an intention to create legal relations (Carter, 2012). It is noteworthy that all agreement by default are not enforceable contracts in a court of law as some of these are justifiable on moral grounds rather than legal principles. An example of this is in the form of an agreement between brother and sister whereby the brother would give the sister a watch as a present on the upcoming Christmas if she scores well in her exams. In the case that the sister does score well and the brother is not able to gift a watch at Christmas, it does not imply that the sister would sue the brother in court of law for breach of contract (Gibson Fraser, 2014). Such agreements between friends or family members are referred to as domestic or social agreements. These agreements are segregated from the commercial agreement since it in the latter, the intention to create legal relations can be assumed to be present by default (Davenport Parker, 2014). As per the Belfour v Belfour (1919) 2 KB 571, it was ruled the for social and domestic agreements, it is imperative for the parties to clearly prove that intention to be bound legally was indeed present in the contract for it to be held enforceable. However, in such cases the court with approach the case with the presumption that such an intention is not there and looks at evidence which seeks to establish the contrary (Flitzpatrick et. al., 2014). A application of the above presumption was witnessed in the Jones v Padavatton (1969) 1 WLR 328case. In this case, there was a promise from Mrs. Jones to her daughter (Mrs Padavatton) that if she agrees to study law in London, then a monthly compensation of $ 200 would be provided to the daughter. The daughter agreed to the proposal although initially she was reluctant. The two parties had dispute as soon as the daughter went to UK to study law as there was confusion in context of the currency of payment and daughter getting lesser than expected compensation. With the intention of improving the condition, the mother bought a house and allowed the daughter to keep tenants and thereby improve her financial situation. But, shortly afterwards the daughter left her studies unfinished as she entered into a marriage. The mother demanded possession of house citing the breach of contract by the daughter as she could not finish her law course. However, the court went with the presumption that no legal intentions exist and therefore held the contract as unenforceable (Pendleton Vickery, 2005). However, in the Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 case, it was held that it would be incorrect to rely on the presumption of non-existence of legal intent in domestic and social agreements and thus the factual elements and circumstantial evidence must be considered to determine the presence of any commercial relation between the parties (Flitzpatrick et. al., 2014). Application Facts In this present case, Richard enters into an agreement with his father to conduct mowing in the front and back yards on the property acquired by the family. The house is situated on an one hectare property and the area of the yard is also very large, which required half day in a single week to mow the yards. The contractual amount was set as $200 for a week. His father agreed to pay this amount to Richard. Earlier, he had hired a gardener for this work and paid him $350. After four consecutive weeks his father denies to pay this contractual amount and asks Richard that he should continue to mow without compensation amount since, it is every family members duty to maintain the family property. He also states that there would not be any charge of boarding or lodging for Richard, if he carries the mow free of cost. As per the highlights of the Jones v Padavatton (1969) 1 WLR 328 case, if the presumption of non-existence of legal intention in domestic agreements in upheld, then there is not enforceable contract between Richard and his father. However, in wake of Ermogenous v Greek Orthodox Community of SA Inc (2002), it is imperative to consider the circumstantial facts from which it is apparent that indeed the parties have an enforceable contract. This is because the father was earlier paying the gardener for this and it is a sizable work requiring considerable time and effort for which Richard ought to be compensated at the agreed rate. Further, since father is a millionaire, there are no affordability issues and the father is merely acting in bad faith. Conclusion From the above argument and removal of the presumption clause, it may be fair to conclude that an enforceable contract does exist between Richard and his father and thereby the father is obliged to make the agreed weekly payments to Richard failing which he can approach court of law. 2. Issue The central concern in the given case is to offer Frere Bros some potential remedies for relief in regard to breach of contract by Joe. Rule As per contract law, breach of contract is a specific situation in which a particular contractual party does not fulfil the obligations arising from the contract. The exact nature and intensity of contract breach tends to be determined at the level of individual case (Gibson Fraser, 2014). In relation to breach of contract, the innocent party (i.e. one who complies with the contract) has been offered some remedies that promote equity and justice in such cases as is apparent from below. Damages Damages are commonly defined as the loss (usually expressed in monetary terms) that has been caused to the innocent party as a result of the contract breach. In accordance to the verdict in the Addis v Gramophone (1909) case, it is apparent that the concept of paying damages in the form of compensation to the aggrieved party is very well accepted and put to use in the common law. These are provided with the following dual intentions (Flitzpatrick et. al., 2014). Ensure that the interests of the aggrieved party are safeguard since it complied with the contractual obligations. By providing that the burden of these damages is borne by the defaulting party, it ensures that such incidents remain under control. The twin intentions stated above assume significance value when consideration is given to the underlying importance of relationships of contractual nature in the field of trade and commerce. It is noteworthy that while awarding damages, the court does not consider the underlying capacity to pay of the defaulter and instead the quantum of damages awarded to the aggrieved party is driven by the underlying magnitude of loss suffered (Carter, 2012). Specific Performance Yet another remedy for the aggrieved party to avail is the specific performance. In accordance with the arguments and subsequent decision of the Nutbrown v Thornton (1805) case, in specific performance, there are orders from the court that require defaulter to perform the certain contractual activities which it had to perform but did not so as the contract was breached (Paterson, J, Robertson, A Duke, 2015). Thus, as per this order to court directs the defaulter to engage in fulfilment of specific contractual actions or activities. This has proved to be an effective remedy in the for upholding the interests of the aggrieved party as adequate monetary compensation may not be sufficient or possible for any given case (Taylor Taylor, 2015). It is noteworthy that this remedy is used by court only in those cases when providing damages would not be sufficient to safeguard the interest of the aggrieved party. However, in the event of presence of ambiguous terms in the contract, the granti ng of specific performance may be denied by the court on the premise that it is not possible to objectively ascertain the underlying contractual obligations (Pathinayake, 2014). Injunction Injunction is yet another remedy available to the aggrieved party under the breach of contract. This is a court order as per which the defaulter is restrained from indulging in a specified activity that he/she may be indulging at the present (and might be causing breach) and also refrains defaulter from indulging in the same till the contract expires (Pendleton Vickery,2005). A relevant case to be discussed in this regard is Lumley v Wagner (1852) case. As per this case, Mile Wagner has enacted a contract with Benjamin Lumley as per which she would perform only at a particular theatre for a period of three months after the contract execution. However, she was approached by the theatre owner who gave her a large amount of money to sing for her and she agreed to sing for the theatre owner even before the three months were over. Lumley decided approached the court for relief and the court responded by providing an injunction which forbade her from performing for others in the present a nd also till the time the contract was successfully discharged ((Flitzpatrick et. al., 2014). Application It is apparent from the given case that Joe and Frere Bros have a legal and enforceable contract in play whereby Joe (a famous actor) could exclusively work for Frere Bros and not any other company for duration of five years. However it is given that Joe entered into a contract for doing a film with another company during the contract period and therefore breached the contract. The remedies at the disposal of Frere Bros in this case have already been highlighted. The key concern for Frere Bros in the given situation is that Joe is doing a film for another company and hence the aggrieved party(Frere Bros) needs a remedy so that the defaulting party (Joe) could be effectively restrained from acting in others film till the contract ends. Hence, as discussed in a similar case Lumley v Wagner (1852), the apt remedy for the given case is injunction which would restrain Joe for signing films with others in the present and future both. Conclusion On the basis of the above discussion, it would be prudent to conclude that in the given situation the most apt remedy for Frere Bros in order to safeguard its valid business interests is to sought an injunction order from court restraining Joe from acting in films offered by other companies for the contract duration. References Books Carter, J 2012, Contract Act in Australia, 3rd eds., LexisNexis Publications, Sydney Davenport, S Parker, D 2014, Business and Law in Australia, 2nd eds., LexisNexis Publications, Sydney Fitzpatrick, JF, Symes, CF, Veljanovski, A Parker, D 2014 , Business and Corporation Law, 2nd eds., LexisNexis Publications, Sydney Gibson, A Fraser, D 2014. Business Law, 8th eds., Pearson Publications, Sydney Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Pathinayake, A 2014, Commercial and Corporations Law, 2nd eds., Thomson-Reuters, Sydney Pendleton, W Vickery, N 2005. Australian business law: principles and applications, 5th eds., Pearson Publications, Sydney Taylor, R Taylor, D 2015, Contract Law, 5th eds., Oxford University Press, London Case Law Addis v Gramophone[1909] AC 488 Balfour v Balfour [1919] 2 KB 571 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Jones v Padavatton [1969] 1 WLR 328 Lumley v Wagner (1852) 42 ER 687 Nutbrown v Thornton (1805) 10 Ves 159

Tuesday, December 3, 2019

Story About Best Friends Essay Example For Students

Story About Best Friends Essay It was a sunny Sunday morning; the spring breeze was evident all around, the kind that says summer in on the way. My best friend called and offered to take me rock climbing up at Indian Hills, I was thrilled but timid. Waiting with anticipation I could hear the sound of his car coming, it was distinct in its own way because the muffler was on its last leg. He arrived in style, no not really. The paint of his car was peeling off and the smell of the exhaust filled the air with a horrible aroma. We will write a custom essay on Story About Best Friends specifically for you for only $16.38 $13.9/page Order now Every time I got in his car I felt embarrassed, but it was all right because he was the only one who could drive.As we started up the 225 Highway we were following traffic along the twisting, turning road. Suddenly my best friend cursed under his breath. I looked at him surprisingly and asked, Whats wrong? He started to laugh, took his foot off the accelerator, hit the brakes, and said Didnt you see that state trooper? I nodded, Well we were going 85 up this road, he said. Luckily we were not the only cars on the road. About a mile from the turn off we slowed down to 55 miles an hour. When we pulled off the side of the road, we were both surprised to find that there were no other cars parked there. Normally this turn off was packed with cars, with people climbing in the Indian Hills. Although we were both happy that there was no one else around to interfere, there was a lingering feeling of dread. If something were to go wrong there wouldnt be anybody else around to help. We both got out of the car and decided to go on against our better judgment. The trail up was steep; about two feet wide surrounded, with scrub brush. On the way up I was thinking both about how bad my legs were getting cut from the brush, and about not slipping on the sandy trail. The half-mile long hike was nothing but a warm up for my best friend and I, who are avid backpackers and trail hikers. We reached the top and headed to the intermediate climbs off to the left. My best friend is an experienced rock climber so this was nothing to him. However it didnt look too intermediate to me. Mount Everest came to mind! I walked over and stood underneath the rock formations. I felt so little like a two-story building surrounded by skyscrapers. The incredible height was nothing in comparison to the thought of falling onto the jagged rocks that surrounded the base of the formation. Due to Marks experience, I volunteered him to go up first, so I could watch and get a better feel for the grip locations. Mark reached the top with ease and as he pulled himself up over the edge he looked down and yelled Your turn. I approached the wall with anxiety; my right leg was shaking like it had its own mind. As I started to climb I thought to myself, wouldnt this be much safer if I had a rope of some kind. About ten feet off the ground I looked down which was the first mistake I made. At that point I knew that there was no turning back and the only way I was going to get off this rock was to go up. With great determination I got about ? of the way up when I heard Mark yelling, You are taking the wrong path! I pressed myself against the wall so I could relax my arms; I could feel the rough surface of the rock against my face. The perspiration on my hands made the rock seem very slippery. .u639f7faf30cf8fa19ec44ddc6cd55a87 , .u639f7faf30cf8fa19ec44ddc6cd55a87 .postImageUrl , .u639f7faf30cf8fa19ec44ddc6cd55a87 .centered-text-area { min-height: 80px; position: relative; } .u639f7faf30cf8fa19ec44ddc6cd55a87 , .u639f7faf30cf8fa19ec44ddc6cd55a87:hover , .u639f7faf30cf8fa19ec44ddc6cd55a87:visited , .u639f7faf30cf8fa19ec44ddc6cd55a87:active { border:0!important; } .u639f7faf30cf8fa19ec44ddc6cd55a87 .clearfix:after { content: ""; display: table; clear: both; } .u639f7faf30cf8fa19ec44ddc6cd55a87 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u639f7faf30cf8fa19ec44ddc6cd55a87:active , .u639f7faf30cf8fa19ec44ddc6cd55a87:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u639f7faf30cf8fa19ec44ddc6cd55a87 .centered-text-area { width: 100%; position: relative ; } .u639f7faf30cf8fa19ec44ddc6cd55a87 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u639f7faf30cf8fa19ec44ddc6cd55a87 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u639f7faf30cf8fa19ec44ddc6cd55a87 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u639f7faf30cf8fa19ec44ddc6cd55a87:hover .ctaButton { background-color: #34495E!important; } .u639f7faf30cf8fa19ec44ddc6cd55a87 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u639f7faf30cf8fa19ec44ddc6cd55a87 .u639f7faf30cf8fa19ec44ddc6cd55a87-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u639f7faf30cf8fa19ec44ddc6cd55a87:after { content: ""; display: block; clear: both; } READ: M-commerce Essay Mark laid down on the granite slab and stuck his head over the side. With his guidance I started climbing again. As I approached the top I found myself with no where else to go. I couldnt see the last grip, I asked Mark, Wheres the last hold? He pointed to a spot just above me and said, Youll have to jump for it. Jump! ? I am not going to jump, are you crazy!? I screamed. Realizing that jumping was the only way to get off this cliff, I knew what I had to do. Mark put his hand at the point I had to jump to and said with great encouragement, ?You can make it!? I nodded, then relaxed my arms and legs took in a deep breath and jumped out off the wall and up at the same time. I grabbed the grip but only felt loose rock in my hand instead. I shouted FALLING!? which is what he told me to say in case I ever fell. All the sudden I felt a single hand grab my wrist. I grabbed back and with locked wrists I was dangling high above the ground. I started searching for somewhere to place my foot. I could hear my best friend yelling, Find a damn hold Greg. Luckily I found a crack and crammed my foot into it. I placed my free hand on the wall and pulled myself up with our wrists locked tight. Pulling me to my feet Mark placed his hands on my shoulders and in a low voice said You OK man? This was the first time he had seen anybody start to fall since he started climbing. I looked into his eyes and could see a sense of fear but at the same time relief. It must have been the adrenaline pumping; I probably looked the same. Yeah? I think so. The time passed, and before we knew it, it was starting to get dark. On the way back down the hill we decided to follow another trail. We were looking for a shorter and easier way. About half way down the hill we both realized we were lost, it had seemed that we were going in the wrong direction. By this time it was almost pitch dark. Concentrating on ground beneath my feet, it became somewhat of a blur to me. I started crying with out warning. I guess it was a delayed shock that had finally hit me. With great emotion I knew that I had to compose myself before Mark saw me crying. I thought to myself, ?Thank god Mark was in the right place at the right time.? I could have either been seriously injured and even worse dead. As we kept walking we could hear cars in the faint background and see headlights. We headed toward the sound and used the lights for visual guidance. Finally we reached the highway only to realize we were about a ? of a mile from the car. We were lucky it wasnt a longer walk.On the way home, after a long silence mark said, ?We shouldnt tell our parents, especially your mom, because you know how protective she is.?From that day on realization washed over me and I decided that it would be better if my feet remain on the ground. I also realized that friends are always there when you need them, especially best friends.