The Charismatic Leadership Style Essay Example for Free

The Charismatic Leadership Style Essay The Charismatic Leadership Style I have chosen to write my journal article on a leadership style known as a Ccharismatic Leader. Its difficult to identify the characteristics that make a leader charismatic, but they certainly include the ability to communicate on a very powerful emotional level, and probably include some personality traits. I do not believe that charismatic leadership is essential to be an effective leader but it can enhance the leadership journey. The Charismatic Leader gathers followers through based upon their personality and charm, rather than any form of external power or authority. Possessing these characteristics can be an extremely powerful way to gain and lead others. They can also make their followers (ordinary people) do some pretty extraordinary things. Charismatic leaders have the ability to sense the gap that exists between what an organization and culture of people and empower them to come together as one. By bridging this gap the leader can create a vision of a future state that everyone believes will be better than the current one. The charismatic leader often communicates their vision using metaphors and stories in ways that everyone can understand the vision. Their followers see the leader as one that possesses the ability to visualize the future with clarity. Their followers are also able to see how they fit into this future state and believe it will be better than today. Charismatic leaders do these things constantly in large and small ways. Charismatic Leaders are visionaries. They focus on transforming situations, not just maintaining. They will show great confidence in their followers. They are very persuasive and make very effective use of body language as well as verbal language. Many politicians use a charismatic style, as they need to gather a large number of followers. The person who I think is a great charismatic leader is Barack Obama. I have listened to a lot of his speeches and he has the power to motivate and empower people with his words, his testimony and his story of overcoming many trials and obstacles. Barack Obama is often compared to John F. Kennedy, who is arguably the most charismatic President of the United States. â€Å"Todays environment emphasizes organizational learning and follower empowerment conditions that promote mutual respect and dialogue. However, even in this environment leaders can, sometimes unwittingly, enact subtle abuses. Generally included in the typical definition of power are the notions of dependency and control: a leaders ability to determine followers behavior stems at least in part from the followers dependency on the leader. This, in turn, is based on leaders control over the various aspects of organizational life affecting followers or perceived as needed by followers, such as material resources and organizational advancement.

Love In Carol Ann Duffys Valentine English Literature Essay

Love In Carol Ann Duffys Valentine English Literature Essay Valentine and Sonnet 18 both explore the theme of love. Scottish born poet, Carol Ann Duffy, wrote Valentine in 1993 and William Shakespeare, a well-known English poet of the time, wrote Sonnet 18 in 1609. Both poems investigate different aspects of love; however, there are some similarities in the underlying messages and the poets view of love as well as differences. As in many of Duffys other poems, Valentine reflects on time, change and loss. She discovers moments of consolation through love, memory and language. The poem is written using very simple words but in a complicated way. On the other hand, Sonnet 18 is written in a very different language to what we know today but its underlying message is still relevant for todays world. The reason Sonnet 18 is still so popular today is because of Shakespeares ability to capture the essence of love so cleanly through his Sonnet. Both of the poems, therefore, are universal. They can be said to apply to both the male and female sexes; ho wever, it is known that Duffy is a homosexual and Shakespeare possibly wrote the poem for a man. In Sonnet 18 Shakespeare views love as eternal. The opening line poses a simple question Shall I compare thee to a summers day. Shakespeare goes on to say that summer can be ruined By chance, or natures changing course untrimmed but thy eternal summer shall never fadeà ¢Ã¢â€š ¬Ã‚ ¦. so long as men can breathe, or eyes can see, So long lives this, and this gives life to thee. Shakespeare reveals that love, eternal summer, is more permanent then the season and, shall never fade, unlike summer (beauty) itself, because summer is spoiled by the occasional winds and the eventual change of season: natures changing course untrimmed. so summer must always come to an end but so long as men can breathe or eyes can see love will never fade and it will continue to revitalise your life, give life to thee. Shakespeare shows that true love is eternal even when the beauty of that person has gone, the love shared between the two people still remains the same. Similarly, in Valentine, Duffy suggests that true love is perpetual, through the use of an onion as a symbol of love. She uses an onion to show her lover that her love is more original, honest and true. She says, Its fierce kiss will stay on your lips, The fierce kiss could be a metaphor for love. This love is possessive and faithful and will continue to be so for as long as we are. Duffy shows that when you have kissed someone with a fierce kiss, when you are in love, you will never forget the person, as it will stay on your lips. This could be construed to show how when two people are in love, the love they share will never be forgotten. She says that love is possessive and faithful, like Shakespeare, she demonstrates how when you are in true love you are faithful to each other but also you are possessive, this could be a positive aspect as it could show that you always want to be around the other person but it could also show, unlike Shakespeare, that love is can be a burden. She continues to show the negative of love by saying Lethal, Its scent will cling to you like a knife, this shows she thinks that love is lethal as you cant get way from the love you had or have for that person. Valentine also differs from Sonnet 18 as it goes on to say that love will be possessive and faithfulà ¢Ã¢â€š ¬Ã‚ ¦for as long as we are Duffy is being realistic as she makes a recognition that this relationship may not last forever, Shakespeare fails to mention this however, this could be because it was written in a different era and many people did not break up at that time. But even though she is writing in quite a harsh and negative tone displaying aspects of love we would not expect in a love, however, the poem still comes across romantic and truthful. One of the main themes in Valentine is the rejection of traditional symbols of love, such as red roses or satin hearts in favour of an onion. She is criticising conventional ideas and empty gestures of love. Duffy uses single isolated lines to highlight why she rejects the conventional Valentines: Not a red rose or a satin heartNot a cute card or a kissogram. She believes that these have ceased to be original as they have been sent millions of times and have lost their meaning. Duffy then goes on to say why an onion would be a better representation of love. It is a moon wrapped in brown paper. The moon is supposed to govern womens passions. The light which it promises may be both its literal brightness, that love can bring light to your life or a metaphorical understanding of love as if you were being enlightened. The removing of the papery outer layers suggests the physical aspect of love, like the undressing of those who prepare to make love. Duffy shows her brilliance as a poet by structuring the whole poem around this elaborate and imaginative extended metaphor. Shakespeare is also being very cynical about love. He demonstrates that love is not about beauty. He first says, thou art more lovely and temperate (than a summers day), which illustrates that the person is more beautiful than a summers day. However, summers days are not always so perfect: they are shaken by rough winds; and the sun often shines too hot, or too dim. Summer comes and goes, hath all too short a date, and it leads to the withering of autumn, as every fair from fair sometime declines. But then Shakespeare goes onto say if you are really in love thy eternal summer shall not fade, which shows that even though the persons beauty has gone because of the passing of time as the person gets older, the persons lover can see past that as he is blinded by the love he has for that person. Like Duffy, Shakespeare sees that many people dont look past the conventional ideas of love; they dont think about what love really is and what it entails. Similarly he shows us that love can brin g life to thee so love can give you a new purpose to your life and thus will not die. In Valentine, Duffy gives us some negative views of love and marriage. She continues to use the onion to portray her message. The onion is like a lover because it makes one cry It will blind you with tears. This shows how being in love can make you very emotional, this could be seen as a negative aspect as she maybe referring to emotional strain of being in a relationship but also it could be a positive, as the tears could be of joy. However, like Shakespeare, blind may also suggest the traditional idea of love blinding you so this could also be a positive aspect of love. The onion reflects a distorted image of anyone who looks at it, as if this reflection were a wobbling photo. This suggests that when you break up with someone you love, you cry and grieve, so your reflection in a mirror becomes a wobbling photo of grief. Once again, Duffy has been truthful and has highlighted the things love can do to a person. Personally, I find this refreshing in a love poem. She goes on to talk a bout marriage, Its platinum loops shrink into a wedding ring, as the onion is a series of concentric rings, each smaller than the other until one finds a ring the size of a wedding ring. She uses platinum, to highlight that the ring is of marriage as many wedding rings are platinum. However, she subtly adds in if you like this shows that she thinks that you do not need marriage to show your love, this reveals Duffys view to marriage as futile as the tone suggests that she is saying if you like like if it would keep you happy, showing she would be willing to get married if the other person wanted to. Some might say that this is a proposal, as if she wants to get married, however if it was there would be no need to put the line after if you like. There is also a hint of a threat in the suggestion that the onion is lethal, as its scent will cling to your knife. Duffy shows how the knife, which cuts the onion, is marked with its scent, as if ready to punish any betrayal. ***** However, in Sonnet 18, Shakepeare does not give any negatives about love or marriage. He does warns us about falling for someone based on their looks, which could be a negative, but nothing about breaking up or what love can do to someone. In fact, he does the opposite. He says to time thou growest which shows that as time goes on his love to the other person grows. He says that love gives life to thee. Unlike his previous sonnets where Shakespeare has been trying to convince his lover to settle down and have children, in Sonnet 18 Shakespeare this domesticity for the first time and accepts loves all-consuming passion. This theme continues in the rest of his Sonnets. On the other hand, Duffy is against marriage as it seems she thinks it is useless if you really love the other person, there should be no need to get marries. Once again the erave someffect on the views to marriage and love. As in the Elizabethan time marriage was sene in whioch these were written could h

Jane Eltons Identity Conflict in Catherine Maria Sedgwick’s A New Engl

Jane Elton's Identity Conflict in Catherine Maria Sedgwick’s A New England Tale In her article â€Å"‘But is it any good?’: Evaluating Nineteenth-Century American Women’s Fiction,† Susan Harris provides methods and criteria for examining Women’s Fiction in what she calls â€Å"process analysis† (45). To apply Harris’ guidelines to Catherine Maria Sedgwick’s A New England Tale, I must first â€Å"acknowledge the ideological basis of [my] endeavor† (45) as a feminist/equalitist critique of the text. Furthermore, I identify the three-fold approach that Harris describes as historical, in distinguishing early nineteenth-century from mid- to late-century attitudes, rhetorical, in labeling Sedgwick’s communication to readers didactic, and ideological, by understanding my objections stem from twenty-first-century attitudes. Harris also explains, â€Å"If we look at them as both reactive and creative†¦we can understand [texts’] aesthetic, moral, and political values† (45); I consider A New England Tale to have a sentimental aesthetic, a Christian morality, and a support of female subordination. The concern of this paper is the â€Å"happy ending,† typical in Women’s Fiction according to Harris (46), present in A New England Tale, in which Jane Elton sacrifices her autonomous self through marrying Mr. Lloyd. I will critique this ending by applying several of the points Harris makes, including the conflict between theme and structure, the â€Å"extended quest for autonomy† (50), and the issue of the self-willing and â€Å"socially determined self† (54); also, I will discuss the sexual and religious politics Jane faces, as well as the importance of her role as educator. Readers can understand the autonomous self to which I refer in a nineteenth-century context: this do... ...orphaned, to abused, to truly loved. Therefore readers supporting these stances likely align with Sedgwick in viewing Jane’s marrying Mr. Lloyd as better than her marrying Erskine; however, consider that Sedgwick promotes Christian morality/values. Contemporary non-religious feminist/equalitist readers would likely desire for Jane to live independently: while this may not have been historically feasible, we can still prefer that Jane choose loyally to her self, that if she must marry, her choice does not sacrifice her identity. Works Cited and Consulted Foster, Edward Halsey. Catharine Maria Sedgwick. New York: Twayne, 1974. Harris, Susan K.. "'But is it any good?': Evaluating Nineteenth-Century American Women's Fiction." American Literature 63 (March 1991): 42-61. Sedgwick, Catherine Maria. A New England Tale, and Miscellanies. New York: Putnam, 1852.

Gender and Evil in Crime and Punishment and The Master and Margarita Es

Gender and Evil The conflict between good and evil is one of the most common conventional themes in literature. Coping with evil is a fundamental struggle with which all human beings must contend. Sometimes evil comes from within a character, and sometimes other characters are the source of evil; but evil is always something that the characters struggle to overcome. In two Russian novels, Fyodor Dostoevsky’s Crime and Punishment and Mikhail Bulgakov’s The Master and Margarita, men and women cope with their problems differently. Raskolnikov in Crime and Punishment and the Master in The Master and Margarita can not cope and fall apart, whereas Sonya in Crime and Punishment and Margarita in The Master and Margarita, not only cope but pull the men out of their suffering. The main character in Crime and Punishment, Raskolnikov, has nihilistic ideas, which ultimately lead to his own suffering. Raskolnikov, an impoverished student, conceives of himself as being an extraordinary man who has the right to commit any crime. He believes that as an extraordinary man that he is beyond good and evil. Since he does not believe in God, he cannot accept any moral laws. To prove his theory, he murders an old pawnbroker and her step sister. Besides, he rationalizes that he has done society a favor by getting rid of the evil pawnbroker who would cheat people. Immediately after the murders, he begins to suffer emotionally. Raskolnikiv â€Å"[feels] a terrible disorder within himself. He [is] afraid of losing his control†¦Ã¢â‚¬  (Dostoevsky 95). He becomes ill and lies in his room in a semi-conscious state. As soon as he is well and can walk again, he goes out and reads about the crime in all the newspapers of the last few days. The sheer mention of the murder.. . ... cope and so they suffer, yet the women find ways to cope with the evil. The men completely fall apart and suffer both physically and mentally. The women even save the men by helping them end their suffering. However, the women do it in very different ways. Sonya in Crime and Punishment turns to God, while Margarita in The Master and Margarita turns to the Devil. Both women realize that in order to end the suffering, they must find a way to escape from it Works Cited Bulgakov, Mikhail. The Master and Margarita. Trans. Diana Burgin & Katherine Tiernan O’Connor. New York: Vintage Books, 1996. Dostoevsky, Fyodor. Crime and Punishment. Trans. Richard Pevear and Larissa Volokhonsky. New York: Vintage Books, 1993. Volkova, Elena. â€Å"The Salvation Story in Russian Literature.† Oxford Journal 20.1 (March 2006). 31-46. 1 Dec. 2007 .

Taming of the Shrew Essays: Katherinas Development :: Taming Shrew Essays

The Taming of the Shrew Essay: Katherina's Development Katherina's development in the play, The Taming of the Shrew, is a complicated dilemma for the reader to figure out. Is she really tamed by Petruchio? Or does she figure out his game and decide she's better off playing along? Or does she recognize her own excessive behavior in his and decide to change of her own free will? Or does she really fall in love with Petruchio and wish to please her lord? I think her evolution is a combination of all of the above. But do we, as readers, want her to be tamed or was her initial independence a virtue? It's obvious that Katherina's father, Baptista Minola, hasn't treated her as well as he treats Bianca, her younger sister. On the other hand, is her "shrewishness" a cause or a result of this favoritism? Katherina is obviously a highly intelligent woman whose gifts have no outlet in the domestic company of the household. For example, in their first meeting, Katherina keeps up with Petruchio pun for pun and insult for insult. Perhaps her fury is simply the result of having no outlet for her feisty wit. And when Petruchio comes along and treats her as an equal (the opposite of taming), I think she is taken aback and that is how he is able to swoop in and win her. In this first encounter, Katherina is, for the first time in her life, spoken kindly to by a man. She seems moved by Petruchio's praise. Also, when it appears she has been left at the altar, she weeps and wishes she had never met him. I think her grief is a sign of her genuine affection and perhaps even love for Petruchio. By the end of the play and in her final speech, Katherina may seem genuinely tamed, depending on your interpretation of the soliloquy -- is it genuine or tongue-in-cheek? Is she really her lord's noble servant or is she pandering to him and what he wants to hear? I think she wants to give her husband happiness, but knows that her husband will do the same for her. I think Petruchio and Katherina would actually have a very balanced marriage of mutual respect, because they each know what the other is capable of.

Case Study James Dyson

JAMES DYSON CASE Introduction You know the feeling when some everyday product lets you down. You wish someone could solve the problem. James Dyson does that. He is a man who likes to make things work better. With his research team he has developed products that have achieved sales of over $10 billion worldwide. In 1978, while vacuuming his home, James Dyson realized his bag vacuum cleaner was constantly losing suction power. He noticed how dust quickly clogged the pores of the bag and blocked the airflow, so that suction dropped rapidly. He set to work to solve this problem. Five years and 5,127 prototypes later, the world's first cyclonic bagless vacuum cleaner arrived. James Dyson offered his invention to major manufacturers. One by one they turned him down, apparently not interested in new technology. They seemed determined to continue selling bags, worth $500 million every year. Later, Hoover's vice president for Europe, Mike Rutter, said on U. K. national TV, â€Å"I do regret that Hoover as a company did not take the product technology off Dyson; it would have lain on the shelf and not been used. â€Å" Thinking about the issue of core competency and strategic capability, what is the secret of James Dyson’s competitive advantages? Early inventions The Sea Truck, Dyson's first product, was launched in 1970 whilst he was at the Royal College of Art. Sales of the Sea Truck amount to $500 million. His next product, the Ballbarrow, was a modified version of a wheelbarrow using a ball to replace the wheel. Dyson remained with the idea of a ball, inventing the Trolleyball, a trolley that launched boats. He then designed the Wheelboat which could travel at speeds of 64 km/h on both land and water. Vacuum cleaners In the late 1970s Dyson had the idea of using cyclonic separation to create a vacuum cleaner that wouldn't lose suction as it picked up dirt. He became frustrated with his Hoover Junior’s diminishing performance: dust kept clogging the bag and so it lost suction. The idea of the cyclones came from the spray-finishing room's air filter in his Ballbarrow factory. While partly supported by his art teacher wife's salary, and after five years and 5,127 prototypes, Dyson launched the ‘G-Force' cleaner in 1983, the world's first bagless vacuum cleaner. Unfortunately, no manufacturer or related distributor would launch his product in the UK as it would disturb the valuable cleaner-bag market, so Dyson launched it in Japan through catalogue sales Strong brand A key task for an entrepreneur like James Dyson is to give innovation the right look, literally and metaphorically. Brand image comprises the product, its attributes and its brand personality. Customer perception of a product and its attributes are inextricable from its perceived superiority that derives from a range of factors including technical excellence and value for money. Has he been able to appropriate the rewards of the value he has added? In an attempt to maintain their competitive advantage, Dyson and his colleagues at Malmesbury have continued to develop new innovations. Determined to create vacuum cleaners with even higher suction, they have developed an entirely new cyclone system. Dyson has developed the robot cleaner that not only makes cleaning easier but guides itself even more logically than a human being would. Then, in November 2000, he launched the world's first two-drummed washing machine, the Contrarotator. Dyson's engineers constantly re-examine products of all types, including the washing machine. They found that in the traditional automatic washing machine the fabric is not flexed all that much and that washing by hand gave better results than the single drum machine. So, Dyson developed a machine that would ‘even improve on hand washing'. Reputedly, it took four years, a million man hours and ? 25 million to develop the machine, which comes with a built-in jack and trolley and a coin trap to capture buttons and loose change.

Aspect Of Contract And Negligence For Business

Abstract This paper is focused on providing information about important principles of contract and negligence for business. The first part of the paper discusses the specificity of contract law by emphasising details from two case studies: East Midlands Airways Airbus and a case of the supply of mobile phones. The second part of the paper provides information about principles of tort law, as initially liability in tort is contrasted with contractual liability. The emphasis in the second part is on negligence for business, with reference to the case study of King’s Restaurant and a case involving Angelina and Christian Auctioneers.IntroductionIn the area of law, numerous aspects should be given importance. The issue of contract and negligence for business has received substantial attention in the field of legal practice. This paper is divided into two major parts covering issues from contract law and tort law (Elliott and Quinn, 2003). In the first part of the paper, the focus is on ide ntifying major elements for the formation of a valid contract as well as assessing the impacts of different types of contracts. There are two main case studies involved, respectively East Midlands Airways Airbus and the supply of mobile phones. In the part on tort law, liability in tort is contrasted with contractual liability through providing relevant examples from a case study of King’s Restaurant and a case of Angelina and Christian Auctioneers (Horsey and Rackley, 2011).Contract LawLegal ElementsIn the case study of East Midlands Airways (EMA) Airbus, it is important to identify essential legal elements for the formation of a valid contract. There are certain major elements that indicate the legal bonding of the contract. They should be thoroughly considered as part of contributing to the validity of the contract (Poole, 2012). The first legal element refers to the inclusion of an offer, which indicates one’s willingness to enter into a specific bargain. In this c ase, an offer is made by Phil, the Chief Executive Officer of Zulu Aviation Ltd. Another important legal element for the formation of a valid contract is associated with acceptance, which should indicate an agreement to the terms initially made. Phil’s offer of ?100,000 for reserving the Airbus 321 has been accepted by Joseph, EMA’s Managing Director. The third significant legal element showing the validity of the discussed contract is the availability of a legal purpose (Knapp et al., 2012). It is clear that the contract’s purpose is legal because it is based on the sale of a second-hand Airbus 321. Furthermore, mutuality of obligation presents a situation in which both parties ensure mutual understanding to the expression and form of their agreement. In other words, a common expectation is that the parties need to agree to the same thing, which is described in the same manner, and at the same time. These legal conditions have been met by both Phil and Joseph. Consideration indicates another essential element for the formation of a valid contract (Poole, 2012). Legal binding needs to be supported by valuable and realistic consideration. In the case study of EMA, Phil ensures his consideration by claiming that he will pay ?100,000 to EMA if the latter promises not to sell the Airbus 321 to another buyer for the period of five days. The importance of these components reflects in the validity and legality of the contract to be established, and if any of these conditions are non-present, it is virtually impossible to form a valid contract (Knapp et al., 2012).Impacts of Different Ty pes of ContractWhen discussing the specificity and implications of contract law, it is important to consider the impacts of different types of contract, such as bilateral and unilateral contracts, express and implied contracts, void and voidable contracts, and distance selling contracts (Hillman, 2004). Bilateral contracts are commonly used in daily life, as they represent an agreement between at least two individuals or groups. Unilateral contracts are associated with an action undertaken by one individual or group alone, as this type of contract allows only one individual to involve in making a specific promise or agreement (Elliott and Quinn, 2003). In express contracts, a promise is stated in a clear language, while in implied contracts, the focus is on presenting behaviours or actions which lead parties to believe that a certain agreement exists (Hillman, 2004). Void contracts are contracts that cannot be enforced by either party. According to law, void contracts are perceived as if they had never been established. The main aspect of void contracts refers to a situation where one of the parties performs in an illegal manner (Hillman, 2004). Therefore, void contracts cannot be conducted under the law. An example of void contracts can be found in Dickinson v Dodds [1876], where there is only an offer made and was intended to be an offer solely because it did not result in any legally binding agreement. There was no consideration ensured or promise and thus was judged non-binding. Although in the case of Shuey v US [1875] the revocation is prominent as the offer is, the type of offer is considered non-binding. On the other hand, voidable contracts are based on enforcement and hence they are valid (Elliott and Quinn, 2003). In general, only one of the parties is legally bound to such contracts. Yet, the unbound party has the right to cancel the contract and thus the contract automatically becomes void (Knapp et al., 2012). This implies that voidable contracts represent valid, legal agreements. Distance selling contracts refer to the main responsibility assumed under the law to protect consumers while they conduct shopping activities online. Such regulations also occur in situations where consumers enter into other contracts, as they are at a distance from the supplier (Hillman, 2004). Special protection is ensured to customers on the basis that they are unable to meet directly with the supplier and check the quality of goods and services that are offered for sale. Distance selling regulations have been enforced in the UK since 2000, but it is essential to note that they are inapplicable to contracts between businesses (Elliott and Quinn, 2003). The main legal effect of these regulations is that they enable consumers with the right to receive accurate and proper information about the supplier, including the products and services that are provided for sale. In addition, consumers tend to receive a written confirmation of such information, which makes the regulations credible . There is also a cancellation period of seven working days in which consumers have the right to withdraw from the contract. Individuals receive protection from different forms of fraud associated with the option of using payment cards (Knapp et al., 2012).Case Study of EMAIn the case study of EMA, the focus is on determining whether the two parties have formed a valid, legal contract. As previously mentioned, the parties applied each of the essential legal elements for a valid contract, including offer, acceptance, legal purpose, mutuality of obligation, and valuable consideration. The terms of the contract between EMA and Zulu Aviation Ltd are clearly specified. However, it can be argued that the type of contract presented by the two parties is express considering that the promise for forming a legally binding agreement has been stated in a clear language verbally, via phone (Poole, 2012). Despite the precise form of the binding procedure, the validity of such express contract is apparent. There are strictly claimed promises on the behalf of both sides: the first party needs to pay a particular amount of money to guarantee the sale of the Airbus 321; the other needs to keep his promise not to sell the Airbus 321 to another buyer for the next five days. It can be concluded that such initial conditions of forming a legal contract have been met (MacMillan and Stone, 2012). Simply put, there is an offer followed by an acceptance by EMA’s Managing Director. An example of the complex transaction that took place between EMA and Zulu Aviation Ltd can be found in the case of Byrne v. Van Tienhoven (1880), which presents relevant inferences on the issue of revocation with regards to the postal rule. In the case of EMA and Zulu Aviation Ltd, the phone rule (considering the phone conversation between Phil and Joseph) may not apply in revocation. In other words, while a phone conversation to arrange a contract may simply indicate a valid acceptance, it is most lik ely that the court will rule that it does not count as proper and valid revocation (MacMillan and Stone, 2012). Moreover, there is a stated legal purpose that legally binds both parties to form a valid agreement. They are focused on keeping their promise, which is an initial requirement for the establishment of a legal contract. It can be indicated that the objective of the contract between EMA and Zulu Aviation Ltd is to achieve a legal purpose. Thus, the condition of a creating a purpose for the existence of a binding contract has been applied in the case (Poole, 2012). The mutuality of obligation is also evident considering the motifs and promises ensured by both sides. There is a strong sense of mutual understanding on the behalf of each party regarding the expression and specificity of their agreement. In addition, there is an objective standard being applied in the case in terms of determining what the parties have precisely said in the process of forming their agreement (Knapp et al., 2012). The fact that the offer is clear and definite is indicative of both parties’ acceptance o f the terms outlined in the offer. There is a valuable consideration illustrated in the statement of Phil, who is ready to pay ?100,000 in case EMA’s Managing Director fulfils his promise. Therefore, this case study illustrates the application of an express contract law (MacMillan and Stone 2012).Implications regarding the Supply of Mobile PhonesThe only specified term in the contract between Key Services Enterprise (KSE) Ltd and Unique Mobile Solutions (UMS) Ltd is that of the provision of 500 mobile telephones, which are suitable for use in the UK. The court will classify these types of contractual terms as intermediate or innominate terms (Poole, 2012). The status of these terms is not clearly defined, as their significance lies between a condition and a warranty. Innominate terms were established in the case of HK Fir Shipping v Kawasaki Kisen Kaisha [1962], where the defendants chartered a ship for the duration of two years from the plaintiffs. In the agreement establish ed between the two parties, there was a specific clause indicating that the ship was suitable for performing cargo service. Due to problems with the engine, 20 weeks of the charter were lost and thus the defendants were entitled to bring an action for damages for breach of contract on the grounds of the clause specified in the agreement (MacMillan and Stone, 2012). Under the circumstance that the use of the telephones supplied was illegal in the UK, and they could not be modified to make their use legal, the court will classify this term as misrepresentation or a false statement made by the mobile phone seller regarding the use of the products. As in the case of Gordon v Selico [1986], it is possible to make a misrepresentation by words or by conduct. However, it should be considered that representation is not a term. Moreover, the telephones supplied required tuning to particular frequencies, a task taking two minutes for each one. This aspect also indicates the presence of innominate terms (Knapp et al., 2012). However, under the circumstance in which the CEO of KSE signed the contract with UMS, there is no reference to any other document. In addition, KSE’s CEO accepted the receipt of the transaction without reading it, which represents a serious mistake that can be identified as negligence in lawful terms. The harm caused by the deci sion of KSE’s CEO to sign a contract with UMS is as a result of his carelessness. There is a failure to behave with the proper level of care required for the described circumstances (Poole, 2012). On the back of the receipt provided by UMS, the statement can be classified by the court as an exclusion clause because the provider of the mobile phones has directly excluded liability for contractual breach. In an attempt to analyse the exclusion clause as a term under the circumstance in which KSE’s CEO accepted the receipt without reading it, specific implications can be drawn. As a term in a contract, an exclusion clause indicates the purpose to limit or restrict the rights of the parties bound to the contract (Hillman, 2004). A true exclusion clause, as in the case of UMS, recognised a potential breach of contract, and then serves as an excuses liability for any potential breach. Therefore, it can be concluded that an exclusion clause was ‘incorporated’ into the contract with KSE. The effect of this term in the contract should be evaluated on the basis of incorporation (Elliott and Quinn, 2003). This means that UMS has actually incorporated an exclusion clause by signature (at the back of the receipt of the transaction provided to KSE). The fact that KSE’s CEO accepted the receipt and signed it means that the respective clause is considered part of the cont ract. Yet, the party representing the clause, UMS, has not taken any reasonable steps to bring it to the close attention of the second party in the contract (MacMillan and Stone, 2012). Applying the legal controls that the court would use in assessing the validity of the term in the contract should refer to principles of strict literal interpretation and contra proferentem (Hillman, 2004). In order an exclusion clause to operate, it needs to cover the breach with an assumption of a potential breach of contract. In case there is a breach of contract, the specific type of liability which is emerging is also relevant in the process of interpretation by the court. There is strict liability involved, which arises as a result of a state of affairs in which the party at breach is not necessarily identified as responsible for the fault (Smits, 2005). However, the court needs to consider the case of liability for negligence, or in other words, liability arising as a result of fault. A common tendency demonstrated by the court would be to require the party which relies on the clause to have drafted it adequately in order to result in a situation where that party is exempted f rom the liability arising (Cauffman, 2013). In the presence of ambiguity, as it might be in the case of KSE and UMS, the court would most probably apply the legal control of strict literal interpretation against the party which extensively relies on the exclusion clause in the contract. In the process of assessing the validity of the exclusion clause in the contract, the court may also apply the legal control of contra proferentem (MacMillan and Stone, 2012). In case ambiguity persists even after attempts have been made to construe an exclusion clause with regards to its natural meaning, the court may decide to apply a rule identified as contra proferentem. This term implies that the clause needs to be construed against the party in the contract that imposed its initial inclusion, respectively UMS. In the context of negligence, the court would most probably take the approach that a party would enter into a contract that permits the second party to evade fault based liability (Cauffman, 2013).Law of TortLiability in Tort and Contractual LiabilityWhile discussing certain implications of liability, contrasting liability in tort with contractual liability is important. All activities initiated by individuals as well as organisations are regulated by law. Tort law repres ents a branch of the civil law, and it should be considered that any dispute in civil law is usually between private parties (Horsey and Rackley, 2011). As indicated in the previous section, strict liability illustrates a solid legal doctrine according to which a party is held responsible for the damages resulting by his or her actions. Strict liability is also applicable to tort law especially in cases involving product liability lawsuits (Okrent, 2014). In the context of tort law, strict liability refers to the process of imposing liability on a party or individual without a particular finding of fault. In case fault is found, the court would determine a situation known as negligence or tortuous intent (Hodgson and Lewthwaite, 2012). As a result, the plaintiff would need to prove the occurrence of the tort and the implied responsibility of the defendant. The objective of strict liability is to discourage any forms of reckless behaviour as well as irrelevant product development and manufacturing. Therefore, liability in tort refers to the duty of care along with the negligence of that duty. On the other hand, contractual liability is associated with a situation in which two or more parties promise specific things to each other (Okrent, 2014). Liability in tort and contractual liability are similar in the point that they are both civil wrongs, and the individual wronged sues in the court in order to obtain compensation. However, the m ain difference is that in a claim related to liability in tort, the defendant may not have been involved in any previous relationship or transaction with the claimant. On the contrary, in a claim of contractual liability, the main condition that should be met is that the defendant and claimant should be the parties representing the contract (Hodgson and Lewthwaite, 2012).Case Study of King’s RestaurantIn an attempt to analyse the situation described in the case study of King’s Restaurant, it appears that it should be considered on the basis of tort of negligence. The claimants in this case, Carlos and Janet, need to prove certain elements to the court so as to provide a valid proof of negligence and claim damages (Okrent, 2014). These elements refer to proving that the restaurant owed them a strict duty of care; the restaurant breached that particular duty of care; and Carlos and Janet suffered damage resulting from the breach. The notion of the duty of care was establ ished in Donoghue v Stevenson [1932] in which the court enforced the decision that an individual may sue another person who caused them loss or damage even in the absence of contractual relationship. Yet, in the case of Carlos and Janet, it needs to be considered that even if the court proves negligence, the restaurant may have a defence that protects it from liability, or decreases the precise amount of damages it is liable for (Horsey and Rackley, 2011). Hence, it can be argued that there is tortuous liability action against the restaurant. There is a breach of a statutory duty in King’s Restaurant case study, as the direct consequence was harming a person, which gives rise to tortuous liability for the restaurant towards Carlos and Janet under the legal doctrine of negligence (Christie et al., 1997). However, the victim should be identified in the class of individuals protected by the statute. Another important condition related to the success of the tort suit is that the injury should be of the specific type that the statute intended to prevent. Thus, the claimants need to prove their claim on specific balance of probabilities. It is also important for Carlos and Janet to show that the damage suffered is not quite remote from the breach (Horsey and Rackley, 2011). It should be assumed that a duty of care existed in this case because King’s Restaurant is identified as an award-winning and very expensive English restaur ant, which directly brings the conclusion that the services provided by the restaurant should be at a superior level. The standard of care should be determined through expert testimony and through the consideration of applicable, professional standards in the industry. The harm in the case is mostly physical, which makes it a sufficient claim for negligence. The problem in the case study can be resolved if Carlos and Janet definitely consider the option of claiming tortuous liability against the restaurant (Christie et al., 1997).Case Study of Angelina and Christian AuctioneersIn this case, the legal principles of tort of professional negligence misstatement and vicarious liability can be applied. The tort of professional negligence misstatement refers to representing a fact, which is improperly and carelessly made. This claim is usually relied on by another party and results in their disadvantage (Hodgson and Lewthwaite, 2012). Vicarious liability presents a doctrine according to w hich an individual is responsible for the actions of another person because of a special relationship available between the parties, such as the one between an employer and an employee. Angelina has rights and remedies against Brad and Christian Auctioneers in connection with the incorrect advice given to her about the worth of the painting (Okrent, 2014). In the case, Angelina relies on the other party for their expertise, knowledge, and judgment. Moreover, the person who provided advice to Angelina, Brad, knew that the other party was relying on him and his judgment about the painting. It can be also argued that it was reasonable for Angelina in the presented circumstances to rely on Brad and Christian Auctioneers. Brad on the behalf of his organisation, Christian Auctioneers, has given a negligence misstatement regarding the painting’s value. His judgment was personal rather than professionally based (Hodgson and Lewthwaite, 2012). Angelina’s rights against Brad and Christian Auctioneers are based on the premise of the special relationship established between her and this organisation. In the process of examining the special relationship concept, an example can be observed in the case of Shaddock & Associates PTY Ltd v Parramatta City Council [1981], in which a solicitor acting on behalf of Shaddock established contact with the Parramatta City Council to seek advice regarding the potential impact on a property as a result of road widening proposals (Okrent, 2014). The council employees gave the solicitor a negligent misstatement, and as a result, Shaddock purchased the property and significant losses have been suffered. When applying the law in the case of Angelina, duty of care should be established in order to claim for negligence. It is important to consider the question of whether it was reasonably foreseeable that the actions of Brad and Christian Auctioneers would cause harm or loss to Angelina. Fu rthermore, it is essential to establish the presence of a physical or factual link between Angelina and Brad and Christian Auctioneers. It can be deduced that their relationship was physical considering that Angelina approached the company to give her a valuation of some antique furniture present at her flat (Christie et al., 1997). The court would also need to determine the vulnerability of the plaintiff, and it can be indicated that the vulnerability to Angelina was high because she was relying on Brad and Christian Auctioneers for their professional advice in order to make a sound decision (Horsey and Rackley, 2011). The court would need to consider the actual damages caused. Considering that Angelina sold a valuable painting of Rembrandt for only ?100 is indicative of the losses she suffered due to the incorrect advice given to her. Moreover, the principle of vicarious liability could also refer to this case (Horsey and Rackley, 2011). Vicarious liability is applicable because liability is attributed to Christian Auctioneers that has a responsibility for its employee, Brad, who negligently causes a loss to Angelina because of the incorrect advice provided to her. In other words, the employer is responsible for the actions of the employee. Therefore, this form of strict liability can be imposed on Christian Auctioneers due to the negligent conduct of its employees in the case of Angelina (Okrent, 2014).Possible Defences Available to Christian AuctioneersThere could be possible defences available to Christian Auctioneers. Such defences are mainly based on the assumption whether there is a contractual relationship between the parties (Okrent, 2014). An example of this aspect can be found in the case of Henderson v Merrett Syndicates Ltd [1994], emphasising a statement of responsibility by an individual providing pr ofessional services along with reliance by the individual for whom the services were provided. Therefore, in the case of Angelina, it can be deduced that there was no special, contractual relationship between the parties (Christie et al., 1997). Angelina sought a free valuation, which may imply that there would not be liability for such type of information.ConclusionThis paper discussed essential aspects of contract law and tort law. The first part of the paper focused on describing the elements comprising a valid, legal contract along with differentiating the effects of common contracts (MacMillan and Stone, 2012). Details from two case studies were provided, namely from East Midlands Airways Airbus case and the case involving the supply of mobile phones. Important issues pertaining to contract law were discussed with the application of relevant law. The second part of the paper emphasised important principles of tort law by differentiating liability in tort and contractual liabili ty. Negligence liability was discussed with regards to the case study of King’s Restaurant. Specific details about tort of professional negligence misstatement and vicarious liability were provided in the case study of Angelina and Christian Auctioneers (Okrent, 2014). In conclusion, legal and business practitioners need to stay informed about valid and applicable law principles with regards to contract and negligence in order to adhere to professional standards of conducting appropriate business practices. References Byrne v Van Tienhoven [1980] CPD 344 Cauffman, C. (2013). ‘The Principle of Proportionality and European Contract Law’. Maastricht Faculty of Law Working Paper. Working Paper No. 2013-05. Christie, G. C., Meeks, J. E., Pryor, E. 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