Financial Analysis Of Krispy Kreme Doughnuts Inc Finance Essay

Monetary Analysis Of Krispy Kreme Doughnuts Inc Finance Essay Krispy Kreme Financial Analysis Krispy Kreme Doughnuts Inc is business that is engaged with retail and discount of bundled desserts and doughnuts. Its underlying business is diversifying and furthermore claiming Krispy Kreme stores. Toward the start of 2010, they had 224 outlets in America and 358 shops everywhere throughout the world. The organization has four sections of activity; organization stores, KK flexibly chain, worldwide establishment stores and furthermore stores diversified in America. In Krispy Kreme devaluation investigation, there are different strategies used to ascertain deterioration and these techniques incorporate; units of creation, twofold declining parity and straight line (Warren 2008). Krispy Kreme utilizes the straight line technique to figure deterioration on their benefits, for example, structures, hardware, apparatus and furthermore leasehold types of gear. The straight line strategy for ascertaining devaluation brings about a steady yearly deterioration charge.They make a breakdown of devaluation of every one of their advantages and it comprises of structures, gear, hardware, leasehold improvement, development that are in progress and furthermore land. In 2002, the all out gross property and hardware was $156,484,000 and in 2003 it was $252,770,000. What had amassed deterioration was $43,907,000 in 2002 and $50,212,000. Finding the net property and hardware is determined by taking the gross sum for gear and property and deducting the depretiation that has amassed. Krispy Kreme additionally utilizes SFAS-142 to represent all the impalpable resources. In this strategy, elusive resources that have uncertain life are not amortized, since they will be dependent upon impedance test. By utilizing SFAS-142 it brings about greater unpredictability in the announced salary since hindrance misfortunes can happen sporadically in differing sums. In the reports unmistakably, in announcing Operating Cash Flows Krispy Kreme utilizes the Indirect Method. In 2001 the cash that was accommodated working exercises was $32,112, 000 and the cash apportioned for profits was $7,005,000. The cash that was utilized for working exercises was more than the delivered for profits. The organization concluded it will deliver money profits in 2002 and 2003. The thing utilized in accommodating the distinction that is between total compensation and income from tasks is the expansion from costs of $7,966,000, while in 2002, the most elevated worth thing in accommodating the contrast between net gain and income from activities was $13,317,000 increment in receivables; in 2003, the most elevated worth thing that was accustomed to accommodating the contrast between total compensation and income from activities is the tax break from the activity of nonqualified investment opportunities which was $13,795,000. The most elevated sum for contributing exercises was $37,310 for increments to property and gear. In 2003, the most elevated sum for contributing exercises is $83,196 and was utilized for augmentations to property and gear. In this way, money outpouring in putting exercises expanded in 2003. The most elevated sum for financing exercises in 2002, is the money inflow of $17,202 these are the returns from stock deal. In 2003, the most elevated sum for financing exercises is the $2,170 money surge that is intended to reimburse the organizations long haul obligation. There is an improvement in Liquidity from 2002 to 2003, this is apparent by the expansion in the income gave to working exercises which expanded from $36,210 in 2002 to $51,036 in 2003. The Company subsidizes the capital necessities by utilizing the money that is created from the business tasks. As it is very much expressed in the report, We subsidized our capital necessities for financial 2000, 2001, and 2002 essentially through income created from operationsà ¢Ã¢â€š ¬Ã‚ ¦.Over the previous three years, we have significantly improved the measure of money we produce from activities. We accept our income age capacity is turning into a money related quality and will help in the extension of our business. By the utilizing the budgetary proportions, Krispy Kreme has a decent monetary sound with a great deal of development prospects in the market; in utilizing the Liquidity Ratios, The Companys Current proportion has developed from 1.94 in 2002 to 2.36 in 2003. The Quick proportion has developed from 1.63 for 2002 to 1.96 for 2003. Money proportion has developed from 0.42 for 2002 to 0.54 for 2003. The expansion in liquidity proportions in the years 2002 and 2003 is a marker that organization has improved in capacity to reimburse transient obligation and furthermore great message to the organization speculator and imminent financial specialists. In the Long Term Solvency Ratios, the Total Debt proportion for Krispy Kreme has developed from 0.27 for 2002 to 0.33 for 2003, and the Debt-to-Equity proportion has developed from 0.36 for 2002 to 0.50 for 2003. An expansion in Debt-to-value proportion is a marker that organization utilizes obligations to run its activity. As the expense of obligation is not exactly the expense of value so WACC of the organization will decrease down. A high obligation to-value proportion puts an organization at the danger of dissolvability if the obligation isn't overseen. The Times Interest earned proportion has dropped from 127.25 for 2002 to 31.75 for 2003. High increment paying off debtors to-value proportion and drop in Times Interest earned proportion are pointers that the organization capacity to pay its drawn out obligation is placed into question. The Asset Utilization Ratios for Krispy Kremes Inventory Turnover, has diminished from 22.49 for 2002 to 18.83 for 2003 and the Day Sales for Inventory has expanded from 18.61 for 2002 to 23.31 for 2003. This is a marker the stock isn't also overseen in 2003 as it was done in 2002. The Receivables Turnover proportion has diminishes from 16.87 for 2002 to 16.05 for 2003 and the Day Sales in Receivables has expanded from 24.89 for 2002 to 25.52 for 2003. The Total Assets Turnover proportion has additionally disintegrated from 1.85 in 2002 to 1.48 in 2003. The proportion demonstrates proficiency of usage of advantages has diminished in 2003. In the Profitability Ratio for Krispy Kreme, in spite of the fact that the companys Profit Margin has expanded from 6.69% for 2002 to 6.81% for 2003, the Return on Assets has declined from 10.33% to 8.16%, and furthermore the Return on Equity have additionally gone down from 14.06% to 12.25%. Be that as it may, EPS of Krispy Kreme has expanded from 0.49 for 2002 to 0.61 for 2003, which is an ascent of 24.5%. Companys net revenue and EPS have both expanded in 2003 when contrasted with 2002; this is in any event, when the expansion in overall revenue isn't noteworthy. Krispy Kreme has had the option to by and large control its expenses of deals. The Costs of deals are developing more slow than the development in deals. The development in the working costs is not as much as development of deals in the two years 2002 and 2003. In 2002 and 2003 rate increment in annual expense is higher than rate change in deals. The Net benefit increment in rate terms is more than the expansion in the measure of deals increment. This is a marker that there is a proficient activity of Krispy Kreme. Increment in level of the General and Administrative Expenses is more than increment in deals in the two years 2002 and 2003. The organization state this is the situation because of the huge development program that they have set out on and along these lines they have caused cost by recruiting more workers by paying their pay rates and other related expenses. The quantity of offers which are exceptional has expanded from 54,271 thousand to 56,295 thousand out of 2003; this is an ascent of 3.73%. Krispy Kreme has permitted 10,000 portions of special stock however has not gone ahead to give them. There have not been any profit installments since 2001 by Krispy Kreme. Along these lines the Yield from Dividend s is 0% for 2002 and 2003. There is an expansion in Earnings for each offer from $0.49 for 2002 to $0.61 in 2003; this is a proof of potential for the development of the organization. The benefits of the organization have additionally developed in 2003. This assists with demonstrating that Krispy Kremes stock is a Growth Stock and assists with clarifying the financial specialists have not been delivered any profit. This is very much expressed in the report as is all around clarified, à ¢Ã¢â€š ¬Ã‚ ¦We plan to hold our profit to back the extension of our business and don't envision delivering money profits in the predictable futureà ¢Ã¢ ‚ ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Dividend Payments are confined by our bank credit offices to half of our total compensation for the promptly going before monetary year Like a ton of organizations internationally, there is an expansion in the quantity of difficulties that influence activities of all organizations in the market. A portion of the difficulties that are confronting Krispy Kreme are; increment in rivalry, there are changes in client inclinations and tastes, the capacities of Krispy Kreme to oversee development, the nature of the establishment stores that are in tasks, likewise the postponements in the opening of stores and changes in innovation. The cost and furthermore the accessibility of the crude materials important to run their tasks is additionally a significant test to Krispy Kreme. The human asset that is employed by the organization is the most significant resource and in this way they ought to guarantee that they help the organization to beat all the difficulties. The staff must buckle down by creating systems that position Krispy Kreme for achievement later on. The administration must drive the organization to progress, this w ill be conceivable by the overseeing bookkeeping guaranteeing they keep up well and report all the budgetary outcomes to the administrators. These reports ought to be both nonfinancial and budgetary reports and in them they ought to incorporate; projections, organization gauges and estimates. Krispy Kreme is an organization that is developing admirably and has a wellbeing money related position. The organization has a strong capital venture worldwide and its income is exemplary. The income is utilized to subsidize a great deal of tasks and is essential to the organization. The Improvement in liquidity proportion is a decent sign for the organization and a development by 24.5% in EPS shows that the organization is developing. The choice by the organization not to deliver profit in 2002 and 2003 is savvy since the organization has set out on exp

Monty Python vs Church Debate free essay sample

Remark in transit speakers adjust their communicated in language to suit the circumstance. † Throughout the transcript, each side has a reasonable contention: Monty Python has the reason to protect the film while the Church has the reason to assault ‘Monty Python. ’ However, this as well as the reason for amusement being casted through the transcript. Right off the bat, shielding ‘Monty Python,’ is said by John Cleese and Michael Palin. â€Å"†¦Popper’s on about with the falsifiability of speculations. Here, John Cleese has adjusted an increasingly genuine tone and the collection of Carl Popper, than before as he says something. Accordingly, it remarks on John Cleese’s scholarly capacity, which threatens the restriction since they can't contend against a settled hypothesis. Besides, in this transcript Michael Palin masks his arranged discourse by adjusting his language by utilizing supports and causing his discussion to have level sound with the goal that his focuses don’t appear to be so immediate and accusative, â€Å"I feel that, uh†¦sort of†¦we’ve accomplished for three arrangement, we’ve accomplished for three movies Here, it appears as though Michael Palin’s point is very silly because of the supports, in any case, what he attempts to state is very disparaging of the restriction as he attempts to state that they don’t recognize what they are discussing. We will compose a custom article test on Monty Python versus Church Debate or on the other hand any comparative point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page â€Å"I ponder religion†¦Ã¢â‚¬  here, Michael Palin adjusts his communicated in language by deciding not to utilize Standard English; he utilizes compressions and this has a similar impact as a fence since it mollifies his point, guaranteeing that nobody will think about it literally. It is likewise very unexpected by precluding that not all from securing the film was about religion when really, the entire motivation behind the film was to scorn Jesus. The impact of utilizing incongruity is merged on the grounds that it gets the crowds consideration and attracts their enthusiasm to what Michael Palin says, yet in addition, by utilizing supports, it shows how they comprehend what their adversary is stating and how they sabotage them. Despite what might be expected, the restriction who are assaulting ‘Monty Python,’ turn crazy as they misinterpret their focuses, â€Å"†¦dredge up this hopeless little film. Here, Malcolm Muggeridge adjusts his language from a proper tone and now he accepts it individual as he starts to legitimately affront Monty Python. We can comprehend this is a shortcoming of his as Malcolm’s feelings have shown signs of improvement of him. Additionally, as the second 50% of the transcript advances, Malcolm again adjusts his language, with the goal that it is like John Cleese’s, as he attempts to accomplish listener support by getting giggling, â€Å"Well, at that point you probably read hastily at your school, that’s all,† Malcolm makes a useless point as he doesn't accomplish anything. â€Å"I identify with you† (crowd chuckling), here, Malcolm makes a kill remark so the crowd will giggle and not pay attention to John Cleese, nonetheless, this to a degree, throws Malcolm of being second rate compared to John Cleese on the grounds that Malcolm feels as though he can't coordinate to the listener bolster that John Cleese has and hence, Malcolm feels that he needs to pick senseless kill remarks. Similarly, Mervyn Stockwood has additionally depended on draining out chuckling by adjusting his language from Received Pronunciation, â€Å"But they might not have any desire to contrast it with Fawlty Towers! By adjusting his collection so he appears John Cleese, Mervyn Stockwood asks for a reaction from the crowd as he shouts and takes a gander at the crowd as though he is trusting that the crowd will begin snickering. As should be obvious, despite the fact that both Mervyn Stockwood and Malcolm Muggeridge adjust their communicated in language, it doesn't profit them on the grounds that because of it, they become very different by offering remarks, which depicts how they have thought about Monty Python’s remarks literally. Likewise, in this discussion both Monty Python and the Church impact one another and the crowd by utilizing different abstract gadgets and by adjusting their communicated in language. â€Å"It’s additionally about shut frameworks of thought†¦Ã¢â‚¬  here, synchronous discourse is available as John Cleese takes over from Michael Palin before another person does. Not at all like Michael Palin, John Cleese doesn't fence and makes an increasingly decisive tone. He slices off Michael Palin through code-exchanging in light of the fact that he needs to be progressively hostile and assaulting, which is demonstrated by what he says, â€Å"Popper’s on about falsifiability†¦Ã¢â‚¬  This shows John Cleese is truly proficient and since this is an announcement, which can't be contended against, John Cleese starts to meet and impact the crowd that he is correct and that what the resistance is stating is inaccurate. Likewise, John Cleese stops now and again during his little discourse, â€Å"I was also†¦they were composed in† which shows how John Cleese attempts to impact the restriction that they are incorrect. The impact of delaying merges with theâ audience and the resistance as it demonstrates where a point has been made and furthermore gives them an opportunity to process it. Then again, the Church additionally attempts to impact others with their language. â€Å"†¦much too tenth-rate† here, Malcolm Muggeridge continues rehashing that the film is awful yet doesn't clarify why. This is a case of where somebody has endeavored yet fizzled at impacting the crowd. Despite the fact that he gets a reaction from the crowd, it is very disparate on the grounds that the crowd moan as they comprehend that Malcolm has thought about this literally and has started to arrange affronts at Monty Python. Besides, this is likewise demonstrated here, â€Å"it’s very conceivable that they may as a bit of social history† we can comprehend that Malcolm is neglecting to impact the crowd that he is correct on the grounds that he is socially distant. By then, Monty Python was famous and Malcolm is recommending that somebody will just arbitrarily go over it since he wouldn't like to acknowledge the way that Monty Python has listener support because of their ubiquity. Furthermore, all through the discussion, there is a fight for who is the most predominant. John Cleese is most prevailing in light of the fact that in addition to the fact that he speaks the most he, gains favor with the crowd as he gets listener support, â€Å"Not an interesting structure, really†¦Ã¢â‚¬  Moreover, John Cleese’s focuses likewise end up being an excessive amount to deal with by the resistance as they neglect to respond to the inquiries he pose, â€Å"Is there anything that would? Here, Malcolm Muggeridge neglects to answer to this inquiry, rather he starts saying that the film is simply horrible. Likewise, he is most predominant in light of the fact that he steps the discussion to the following level, scrutinizing the presence of a religion that has been accepted by individuals for more than 2000 years, â€Å"†¦Gospels were written in, that they don’t even realize who thought of them, and they’re not in any case sure what urban areas they were written in. † This presents predominance since he is scrutinizing an entire religion on whether Christianity is 100% precise. It isn't just John Cleese’s language yet his paralinguistic includes likewise help him not exclusively to impact the restriction and the crowd yet in addition Michael Palin; â€Å"†¦an thought that is humming around so quick that not other†¦Ã¢â‚¬  Normally, John Cleese’s paralinguistic highlights are comprehensive (e. g. catching of hands), however now he utilizes paralinguistic includes as though showing Michael Palin and these paralinguistic highlights help to unite with the crowd as John Cleeseâ has now got the complete consideration of everybody. Then again, despite the fact that Malcolm Muggeridge says a great deal, he is one of minimal prevailing as what he says is very useless as it doesn't accomplish anything, â€Å"†¦much too tenth-rate for that † here, Malcolm says that the film is terrible however neglects to address an inquiry presented by John Cleese which shows how he is reluctant, realizing that he has lost the discussion yet wouldn't like to acknowledge it. Malcolm makes kill remarks attempting to cause the crowd to overlook what John Cleese says, in any case, this doesn't work out. All things considered, Monty Python won the discussion and thusly, to make dispersion, Mervyn Stockwood offers a little remark to end the discussion off with a chuckle, â€Å"I used to go to Clifton College to lecture all the time when you were there. † This discussion shows how Monty Python target and challenge individuals with extraordinary power, just so they, before the end, can cast them in an awful light.

First Amendment Freedoms - Free Essay Example

There are many important freedoms that are protected by the first amendment but in this essay were going to discuss my opinions on what are the 5 most important ones and why i think that. In my opinion i feel as though the most important freedoms are; freedom of speech, search and seizure, freedom of the press, freedom of religion, and the freedom of assembly/ petition. These are the ones that affect people the most. The ones that are used more often than most. They help keep people in check and help their problems peacefully. Freedom of the press is important because it allows news channels to keep us updated on the things that are happening in the world. This makes the public feel like there is less being hidden from the government. Also allows them to know the type of crime thats been happening near them or just in general. It can also help people with basic information such as the weather, car accidents and closings of roads, new businesses in the area or new products in the market, etc. every morning most people in the u.s wake up and turn on the news to know whats new with the day and whats going on in their area. People who are on their way to work listen to the radio to stay up to date on car crashes and closed roads on their route to work/school/anywhere. They also like to listen to music to wake them up or to help them get threw the dreadful moments of bumper to bumper traffic, helping people keep a cool head and not murder someone. Freedom of Search and seizures is also a very important freedom because it makes the citizens feel safe about being harrassed for no reason. People like their privacy and dont really like to be bothered or bugged about things that are gonna cause problems that arent needed. This part of the amendment makes it to where police need a warrant for your arrest or probable cause to search you. Now this is important because if you have nothing to hide then they will have no way to get probable cause or a warrant for your a rrest, also meaning that you will keep calm and not act all suspicious. Some people just get nervous while being around cops because recently there has been a lot of police brutality videos going around, so getting pulled over and being nervous might make the police look harder for probable cause. This is where the importance comes from the amendment because being that they need probable cause, being nervous isnt probable cause so you can keep your privacy and not get searched for no reason. Although if you truly have nothing to hide i would just let them search you and do their job so you can not cause any unnecessary problems, then both you and the police can just go back to their day and continue their jobs. School however is a whole different story because they are looking out for the safety of the children in the school. When a school has a feeling that there might be a student with drugs/guns/bombs on school ground they take it very seriously because it puts other kids and adults in danger. Thus why they dont need probable cause or a warrant to search threw your stuff. Especially your locker because the locker is considered school property giving them the right to search it at any time they feel the need to. This is good because there had been a lot of school shootings and bomb threats going on recently and has caused the schools around the country to be on guard more, upgrading security on school ground, more cameras, a security guard, some schools even have metal detectors now. Its making schools a safer place to be. There has been to many problems like this going on in schools across the u.s.Freedom of speech is key, communication is key as long as we can do it peacefully. This part of the amendment helps us as citizens be able to express our opinions about things without getting in trouble and feeling to controlled. It allows you to be able to have an open debate with your opinions. It makes you feel equal and feel like you have a say in things. it helps others understand everyones perspective in things because it gives them the chance to explain without it being controlled, unless your on tv or the radio because sometimes people say things that children should not hear and sometimes kids are watching channels that they shouldnt be. Then parents get mad when their kid learns a new bad word and tries to cause problems. Having the freedom to pick your religion and practice it without having to worry about getting in trouble for something that you believe is very important. We shouldnt all have to believe in the same thing just because someone tells us to. If you feel as though god isnt real and you believe that then you have the right to believe in that just as long as you dont go and force your religion upon others who dont agree. It also shouldnt make you judge a person for what they believe in because everyone is different and have different thoughts and feelings. You can practice things your people believe in as long as it does not harm another citizen. But just because you dont have the same beliefs as others doesnt exclude you from the laws that we have in america because they are set to make everyone equal and it a fair country. Last but not least is the freedom to have assembly and petition, this is important because if you and a group of people believe in something that is against the government it helps keep a peaceful system to making everyone happy. It helps people have a chance of getting something changed that a good portion of people disagree with, they make a petition and then send it to the government to have it looked over and taken into consideration to make people happy and to see in what ways the government can assist in making it it a better place with happier people. It doesnt even have to be for the government, it could be for something like a business not hiring women because they are sexist or something like that in general. If a large group of people are not happy they can all meet up and have people stand in front of the building with signs and saying things to get people to not go into the building and use its services. As long as it remains peaceful meaning nobodys getting hurt physically. This might make the person who owns the company change the way they run it so they dont lose business because the people outside are making more and more people agree with their thoughts and opinions based on what the company is or isnt doing. These are the parts of the first amendment that i feel are most important. There are many more reasons as to why they are important. Their are so many more important parts to this amendment and more important amendments in general that help keep the u.s in check and keep it equa/fair for everyone. The government has set these in place for the constitution so that we can maintain an equal and strong nation and to make sure that peace is created between everyone.they do this to attempt to keep crime off the streets a nd equality amongst everyone as a u.s citizen.

Training and Development Program for Bass Pro Shops Top...

Training and Development program for Bass Pro Shops Top Managers Training and Development Final paper Bass Pro Shop Company Overview Bass Pro Shop (Outdoor World) is a private retailer known of selling hunting, fishing and camping gear related to all outdoor and recreational activities that started in Missouri in 1972. By 1974, Bass Pro Shops became very popular and its first catalog first was mailed out. Soon, it became the worlds largest mail order sporting goods store. Around 1995, Bass Pro Shops Sportsmans Warehouse opened in Atlanta, Georgia, its first store outside the state of Missouri. Today, Bass Pro Shops became one of America’s premier outdoor retail leaders serving over 75 million sportsmen. Bass†¦show more content†¦On the EEOC website you can find what is considered Race/Color Discrimination and Harassment. The EEOC considers harassment to include, â€Å"racial slurs, offensive or derogatory remarks about a person’s race or color. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or wh en it results in an adverse employment decision such as the victim being fired or demoted † (EEOC, 2011). The reason Bass Pro is being sued by the EEOC is because they believe they have a case against them based on the evidence and data they collected throughout the investigation. Needs Assessment Organizational Analysis: The top managers of Bass Pro Shops are reluctant to apply diversity practices on their recruitment processes, which has significantly damage their reputation and organizational climate. The successful implementation of a training and development method focused on promoting diversity will attract more customers and skilled employees to Bass pro shops stores. Thus, improving the reputation of the company in both employees and customers. The lawsuits derived from their discrimination practices has already damage Bass Pro’s reputation and might jeopardize their cost structure. Thus, the implementation of a diversity training methodShow MoreRelatedCabelas Marketing5410 Words   |  22 Pagesand camping industries. This company has experienced significant growth since becoming a public company, and is currently striving to increase revenue, improve retail store profitability, and increase market share to surpass competitors, namely Bass Pro Shops and REI. Cabela’s focus on a high-quality product and excellent customer service is an important part of both its history and its potential for future growth. To further the company’s mission and achieve statistical goals, Cabela’s mustRead MoreL.L. Bean Is An Apparel, Home And Outdoor Equipment Retailer3830 Words   |  16 PagesL.L. Bean is an apparel, home and outdoor equipment retailer based in Freeport, Maine. 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A Clockwork Orange Essay A Movie Analysis - 1704 Words

A Clockwork Orange A Movie Analysis In 1962, Anthony Burgess novel A Clockwork Orange was published for the first time. This novel was an anti-utopian fable about the near future, where teenage gangs habitually terrorize the inhabitants of a shabby metropolis. The novel deals with the main focus that man is a sinner but not sufficiently a sinner to deserve the calamities that are heaped upon him. It is a comic novel about a mans tragic lot. (Bergonzi 152). In 1971, Stanley Kubrick turned Burgess novel into a 136 minute, color motion picture produced by Warner Brothers. The movie starred Malcolm McDowell as the young gangster guilty of rape and murder. Kubrick was both writer and director. Stanley Kubrick†¦show more content†¦The only difference is that due to time constraints, the film leaves out a few minor scenes of the droogs (Burgess term for ruffians) committing acts of violence. The film is divided into three parts, as is the novel. The first part is the description of Alexs exploits in ultraviolence. He and his fellow gang members (droogs) spend their time committing a series of rapes, robberies, and assaults, usually aimed at completely defenseless people. The attacks are pathological and random. The second part of the film is filled with a different sort of brutality. Alex is in prison, but still continues his violent ways. The authorities preach obedience, but Alex and the other inmates respond by attacking one another. Alex is sentenced to a new form of psychological treatment that transforms him into a parody of the perfect Christian. He behaves morally and follows the values that were forced upon him by the State. He has no free will to chos e his own thoughts and actions. The third part occurs when Alex returns to the real world; a more peaceful and prosperous world, free of violence. Violence has been institutionalized. In the concluding vision Alex recovers and returns to the pleasures in bloody violence and the music of Ludwig Van Beethoven. (Gottlieb 271- 272)Show MoreRelatedEssay on The Need for Brutality in A Clockwork Orange 4668 Words   |  19 Pages   Ã‚  Ã‚   Burgess A Clockwork Orange, a critically acclaimed masterstroke on the horrors of conditioning, is unfairly attacked for apparently gratuitous violence while it merely uses brutality, as well as linguistics and a contentious dà ©nouement, as a vehicle for deeper themes. Although attacks on A Clockwork Orange are often unwarranted, it is fatuous to defend the novel as nonviolent; in lurid content, its opening chapters are trumped only by wanton killfests like Natural Born Killers. BurgessRead More Clockwork Orange And The Age Of Mechanical Reproduction Essay2487 Words   |  10 Pages Clockwork Orange and the Age of Mechanical Reproduction nbsp;nbsp;nbsp;nbsp;nbsp; For Walter Benjamin, the defining characteristic of modernity was mass assembly and production of commodities, concomitant with this transformation of production is the destruction of tradition and the mode of experience which depends upon that tradition. While the destruction of tradition means the destruction of authenticity, of the originally, in that it also collapses the distance between art and the massesRead MoreEffective And Ethically Defensible Methods Of Reducing Crime2344 Words   |  10 PagesCritically discuss whether biologically theories are capable of giving rise to effective and ethically defensible methods of reducing crime This essay will argue that the theory that biology, psychology, neurology can give a partial answer to finding effective and ethically defensible methods of reducing crime is supported. Through looking at the chapters dealing with biological theories, genetic, biochemical factors and neuroscience the author strives to structure the developing argument that anRead MoreLogical Reasoning189930 Words   |  760 Pagescan be taken, then considering the probable good consequences of each action and the probable bad consequences while weighing the positive and negative impact of each consequence. It’s a kind of cost-benefit analysis. Exercises 1. Columbus Day is an American holiday. Write a short essay that weighs the pros and cons and then comes to a decision about whether there should be more or less public celebration (by Americans and their institutions) on Columbus Day, October 12. Here is some relevant

The Muslim Veil free essay sample

The Muslim Veil The veil worn by many Muslim women tends to be a stereotyped piece of clothing. Many of us in the United States see it and automatically assume that the person is a terrorist, but what do we really know about the Muslim veil? Caryle Murphy, a writer for The Christian Science Monitor, thinks that we do not fully understand the complexity of the Muslim veil. In â€Å"Behind the Veil: Why Islam’s Most Visible Symbol Is Spreading,† Murphy writes that â€Å"Rarely in human history has a piece of cloth been assigned so many roles. Been embroiled in so much controversy. Been so misjudged, misunderstood, and manipulated† (1). We in the United States need to understand that the veil is a piece of cloth that has different meanings to different women in the Muslim world, rather than the single meaning we tend to ascribe to it. We must understand that although the veil can be used as a tool to oppress women in some cases, many women choose to wear the veil as a sign of faith and to express their freedom of religion. We will write a custom essay sample on The Muslim Veil or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In the end, we must ask ourselves whether we would want to be treated the same way for our clothing choices and how much emphasis we should place on clothes at all. First, we should understand that the Islamic veil is as varied as the different nationalities of the women who wear it, and that these women have many different attitudes toward the veil. Murphy explains that the veils vary from the simple head scarf, known as the hijab or hejab, which covers the hair and neck, to the burqa of Afghanistan, which covers the woman from head to toe (2). Murphy states that â€Å"most Muslim women, including most in the U. S. , voluntarily opt to wear the head scarf out of religious commitment† and â€Å"reject suggestions that their head covering means they have less autonomy at home or on the job† (2). These Muslim women feel they are closer to Allah when wearing their veil and feel that they are showing pride in their faith. Although many women choose to wear the veil, where a woman lives often determines whether the choice is hers to make. In some Muslim patriarchal societies there can be a lot of pressure to wear a veil. Murphy tells us that â€Å"there is family pressure from fathers, husbands, or brothers who want their female relatives to be seen by society as a ‘good girl’ or ‘good woman’† (2). A growing number of female Muslim scholars believe this is due to the fact that most interpretations of the Koran have been done by men. Murphy quotes Asma Barlas, a scholar of the Koran, who says that â€Å"‘historically only male scholars have read the Koran†¦always within patriarchies’† (3). Just as interpretations of the Koran differ, not all Muslim countries agree that women must veil themselves. Murphy refers to a recent petition by conservatives in Kuwait to bar two elected women from the National Assembly because they do not wear a head scarf. Kuwait’s highest court ruled in the women’s favor, stating that the â€Å"constitution guarantees gender equality and freedom of choice in religion† (3). Because the values Kuwait’s court upheld are so similar to Western values, it would seem that Westerners might champion a woman’s decision to wear a veil as a matter of freedom of religion. However, this has not always been the case. In fact, some Western countries see danger in the veil rather than a woman exercising her freedom of religious choice. The danger some Western countries see in the veil has to do with concerns about security in public places, but also reflects cultural insecurity on the part of some Westerners. The veil is thought to be a security risk because it prevents people like police officers and airline workers from identifying the person under the veil (in the case of the burqa). However, the real concern Murphy points out is cultural. She writes that â€Å"in Western culture [†¦] masks usually denote deceit or something to hide† and that the veil can prevent Muslim women from assimilating into a Western community where â€Å"high stock is placed on face-to-face communication† (4). British Minister Jack Straw brought up this concern when he called the veil a â€Å"‘visible statement of separation and difference’† (4). France banned the wearing of the head scarf by state school children in 2004, though it decided against banning the burqa throughout the country. Some Middle Eastern countries like Turkey, and even Iran at one time, banned veils in public to try to become more like the West.

Tender of Performance Essay Example

Tender of Performance Essay Parijat Mishra of BBA LLB (A), 1st Semester, under roll number 1282060, am highly grateful to my teachers Mr Puranjoy Ghosh and Ms Jinia Kundu for their untiring help and encouragement during the course of my project titled Tender Of Performance. I highly acknowledge, with deepest sense of gratitude and indebtedness, the coordination and support I received throughout the course of work. Thank You Parijat Mishra) Roll No. 1282060 Contents Sl. No| Topic| Page No. | 1| List of Abbreviations and Cases| 1| 2| Introduction| 2| 3| Significance of Tender Of Performance| 3| 4| Relevance in Indian Contract Law| 4| 5| Relevant Case Summaries| 5| 6| Conclusion| 6| 7| Bibliography| 7| List of Abbreviations and Cases No significant abbreviations have been used in this project. The list of cases referred in the project and some basic definitions are provided below. Cases referred (with citation) : * Startup v MacDonald (1843) 6 Mann amp; G 593 Planche v Colburn   [1831] EWHC KB J56 Kings Bench Division * Cutter v Powell [1795] EWHC KB J13 Definitions of some basic terms used (Extracted from the Indian Contract Act, 1872) : * Proposal :- When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. * Promise : When a person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when a accepted, becomes a promise Promisee and Promisor : The person making the proposal is called the promisor, and the person accepting the proposal is called promisee * Contract : An agreement enforceable by law is a contract Introduction The phrase Tender Of Performance can be defined as follows An offer or attempt to do what is required under a contract or under the law. However, to completely understand the meaning and scope of the term, we require some more data and analysis. Firstly, we need t o understand the meaning of the word tender.It can be defined as an offer to do or perform an act which the party offering, is bound to perform to the party to whom the offer is made. Performance refers to the fulfilment or accomplishment of a promise, contract, or other obligation according to its terms. From the definitions mentioned above we can clearly infer that tender of performance refers to being ready to perform a contract. Performance can be actual as well as attempted. If one party offers to perform his promise under the contract, it is called tender of performance.In this project, the importance/significance of tender of performance and its relevance in Indian Contract Law will be observed. Additionally, we will be looking at some important cases which helped establish the principles of the given topic. Significance of Tender of Performance In almost all laws relating to contract, a valid tender of performance is equivalent to actual performance. So, it should be necess ary to properly establish what can be considered as tender of performance. Essential Requisites of a Valid Tender : 1. Unconditional The tender should be unconditional, i. e. made in accordance with the terms of the contract. There should be no new or conflicting conditions present. 2. Whole Obligation An offer to perform the promise in part will not be considered a valid tender. Apart from some exceptions (If tender in instalments is allowed in the contract), there has to be the whole obligation for a valid tender. 3. Made At a Proper Time And Place If any fixed time and place is mentioned in the contract, then the tender of performance has to be made at that time. If nothing such is mentioned, then the tender of performance must be done at a reasonable and proper place and time. . Made To The Proper Promisee The tender has to be made to the proper promisee. Tender made to an authorised agent would be valid but tender made to a stranger would obviously be invalid. 5. Reasonabl e Opportunity It should be provided to the promisee to inspect the quality and quantity of the type of goods agreed upon and to satisfy himself that they are according to the terms of the contract. Two more essentials can also be considered : 6. Person Giving Tender Must be Willing to Perform The person giving the tender must be willing and capable to perform the whole of what he was bound by the contract to do. . Tender Of Money Tender of money should always be made in the legal tender money and not in any other form If these essentials are fulfilled then one can safely conclude that a tender of performance has been made. Once the promisor makes a valid tender of performance, it is then for the promisee to accept the performance. If the tender of performance is rejected by the other party, the promisor is not responsible for non-performance and is entitled to sue the promise for breach of the contract.Relevance In Indian Contract Law The Indian Contract Act, 1872, recognises te nder of performance and its important role in Contract Law. Section 38 mentions situations when tender of performance is not accepted by the promisee. It states 38. Effect of refusal to accept offer of performance Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract.Every such offer must fulfill the following conditions (1) it must be unconditional; (2) it must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is been made is able and willing there and then to do the whole of what he is bound by his promise to do; (3) if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound b y his promise to deliver.An offer to one of several joint promisees has the same legal consequences as an offer to all of them. Section 38 basically implies that the promisor has the right, after such situation occurs, to terminate the contract and claim damages. The promisor can also still demand performance instead of termination. However, many commentators have stated that the promisees refusal of money as opposed to goods and services does not discharge the debtor from its obligation to pay. It is observed from the facts that the position of Indian Contract Law regarding tender of erformance is very similar to that of European Law and International Law principles. Relevant Case Summaries Many significant cases around the world helped shape the principles of performance and tender of performance. Some of them are mentioned below. 1. Startup v MacDonald A contract stated that 10 tons of oil were to be delivered to the defendant within the last 14 days of March. The claimant del ivered the oil at 8. 30pm Saturday March 31st. The defendant refused to accept the delivery because of the lateness of the hour. Held:The claimant had tendered performance within the agreed contractual period and was thus entitled to damages for non acceptance. 2. Planche v Colburn The claimant agreed to write a book on costume and armour for the defendant as part of a series called the Juvenile Library. The agreed contract price was ? 100 to be payable on completion. The claimant commenced writing and had completed a great deal of it when the defendant cancelled the series. The defendant refused to pay the claimant despite his undertaking and the fact that the claimant was still willing to complete. The claimant brought an action to enforce payment.Held: The claimant was entitled to recover ? 50 because the defendant had prevented the performance. 3. Cutter v Powell The claimants husband agreed by contract to act as a second mate on the ship the Governor Parry on a return voyage to Jamaica. The voyage was to take eight weeks and he was to be paid on completion. A term in the contract stated: Ten days after the ship Governor Parry, myself master, arrives at Liverpool, I promise to pay to Mr. T. Cutter the sum of thirty guineas, provided he proceeds, continues and does his duty as second mate in the said ship from hence to the port of Liverpool.Kingston, July 31st, 1793. Six weeks into the voyage the claimants husband died. The claimant sought to claim a sum to represent the six weeks work undertaken. Held: The wifes action failed. Payment was on condition that he worked the ship to Liverpool, since he did not fulfil this condition the widow was entitled to nothing. Conclusion Compared to other similar concepts in Contract Law, tender of performance cannot be considered as a huge and/or complicated idea. It is a simple theory which is followed universally almost in the exact same manner.It is simply an offer to perform, which has to be unconditional, and if re jected, can lead to termination of a contract. Someone with a basic grasp of Contract Law and its function would easily be able to understand this concept. It is very important to consider tender of performance as something equivalent to performance. This has both legal and moral reasons. Legally, one has to look at a situation from all possible angles. So, the principles regarding offer to perform should exist along with normal performance.From a moral viewpoint, it is observed that there may be a lot of problems faced by the society if only full performance of obligations is considered. It may lead to chaos, and fewer contracts being formed, which would break down society bit by bit. This view may sound alarmist, but it is firmly placed in logic. Therefore, in conclusion, tender of performance is a short but important aspect that should be taken into consideration while framing rules for contract formation. Bibliography * Books Referred 1. Arun Kumar, Mercantile Law (Atlantic Publ ishers amp; Dist, 01-Jan-2002) 2.Purnakam Dash, Business Regulatory Framework (Pearson Education India, 2012, First Edition) 3. Lars Meyer, Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law, Peter Lang, 07-Dec-2010 * Websites Referenced 1. Juridical Dictionary (http://www. juridicaldictionary. com/Tender_of_performance. htm), accessed on 30/09/2012 2. Legal Dictionary The Free Dictionary (http://legal-dictionary. thefreedictionary. com/tender), accessed on 30/09/2012 3. Government Of India Online Business Resource (http://business. gov. n/legal_aspects/contract_law. php), accessed on 01/10/2012 4. Case Summaries from E-Law Resources (http://www. e-lawresources. co. uk/Discharge-through-performance. php), accessed on 01/10/2012 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * [ 1 ]. Juridical Dictionary (http://www. juridicaldictionary. com/Tender_of_performance. htm ) [ 2 ]. Legal Dictionary The Free Dictionary (http://legal-dictionary. thefreedictionary. com/tender) [ 3 ].Arun Kumar, Mercantile Law (Atlantic Publishers Dist, 01-Jan-2002), Pg 142 [ 4 ]. Purnakam Dash, Business Regulatory Framework (Pearson Education India, 2012, First Edition), Pg 40 [ 5 ]. Government Of India Online Business Resource (http://business. gov. in/legal_aspects/contract_law. php) [ 6 ]. Lars Meyer, Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law, Peter Lang, 07-Dec-2010, Pg 64 [ 7 ]. E-Law Resources (http://www. e-lawresources. co. uk/Discharge-through-performance. php) [ 8 ]. (1843) 6 Mann G 593