Business& Analysis Questions
Business& Analysis Questions
Accordingto the case “Crest Construction v. Newcourt,” the appeal courtaffirmed that subcontractor, the Crest Ridge, and the supplier,Newcourt, had signed a business contract. Two brothers, Joe and JohnBrower worked for a construction company, and also owned their ownconstruction company, The Crest Ridge (Crossand Miller, 2009). They were awarded a job contract to provide wall panels. Theydecided to use the panels constructed by Newcourt that gave them aquotation of $758,000 (Meiners,Ringleb & Edwards, 2013).However, Newcourt issued a contract to the brothers using the name ofthe company they worked for rather than their own company. Aftersometime, the Newcourt demanded for their payment in full. Normally,payment of goods was made after forty-five days after shipment.Unfortunately, the Crest Ridge could not manage to clear the billshence, the Newcourt canceled the contract. Due to the cancellation,the Crest Ridge then decided to find another supplier to fill theorder. Later, it sued the Newcourt for the damages. The appeal courtaffirmed a contract existed between the Crest Ridge Construction andthe Newcourt, though they ignored some specific terms (Meiners etal., 2013).
TheNewcourt had good reasons to worry due to the company like CrestRidge inabilities to clear its bills. First, the two parties hadalready signed a contract with its terms and conditions. Therefore,the two parties had a responsibility to fulfill them. The evidencegiven in the court provided a sufficient evidence for the existenceof the contract. Cross(2009) arguesthat a contract concerning the sales of goods should be made in amanner that is sufficient enough to show the agreements and theexpectations of the involved parties for it to be valid. For the caseof Newcourt and Crest Ridge, they had exchanged the purchase orderand the price quotation hence, the contract was valid. Moreover,there was enough evidence that the two parties had a deal. From aboutsix months, the two parties engaged themselves in conversations toclarify the projects details. For instance, the Newcourt providedCrest Ridge with sample materials, fastening details, three revisionsof shops drawings, colors of the panels, as well as the final drawingshowing the location of each panel.
Ifa credit check found out that the Crest Ridge had serious financialproblems, then it would not have ended the deal then. This is becausethe price quotation was initially made subject to the creditdepartment approval. In addition, the Crest Ridge had providedNewcourt with a credit application form. The form listed the banksand four trade references that the company dealt with. When Newcourtcontacted the banking reference, they discovered that the Crest Ridgehad an account with a balance of $5000. When Newcourt contacted othertrade reference, they discovered that the Crest Ridge did not tradewith them (Cross et al., 2013). Therefore, the two brothers were notsincere in the business hence, the Newcourt could not end the deal.Further, the two parties used “subject to credit departmentapproval” phrase. However, the phrase did not guarantee the CrestRidge to refuse a grant credit. Certainly, the requirement could beuseless unless it contemplated a form of credit. Secondly, some termsof payments were not clearly stated in the purchase order and pricequotation form thus, the payments were due upon delivery.Furthermore, once a deal is made and a contract signed, it iscomplicated to end it. Therefore, Newcourt would use a lot of moneyand time to cancel to deal thus, it would be best to continue withthe deal.
Accordingto Meiners et al (2013), Lor-Mar/Toto v. Constitution Bank case, theLor-Mar and the First Constitution Bank had an agreement. The bankwould honor any check that contained Van Middlesworth or Totosignatures, who were employees of Lor-Mar. A check could be invalidif it did not contain all the correct information including the paperstock, its color, and security features. Unfortunately, the Firstconstitution Bank suffered liability because of cashing the forgedchecks. The bank could have avoided such liabilities by firstly, thebank would not have permitted their customers to use checks fromother sources apart from the bank and the Lor-Mar. The ConstitutionBank approved any check and approved a check with a signature thatappeared to resemble Van Middlesworth’s stamped signature(Jennings, 2013). This increased the chances of forgery making thebank to lose a lot of money. Secondly, the bank would have come upwith a facsimile signature rule. The rule state that, any documentsigned using a facsimile signature or any other non-manual form ofsignature would be invalid. In addition, the involved party should beheld responsible for any damage caused thereafter. This way, bankcustomers would maintain security over any device concerning theirsignatures.
Nowadays,it is possible for any person to use stamped signature on checkshence, forgery is easy. The following are some of the ways a businesscan use to prevent forgery. Firstly, when writing the signature, aperson should not be slow (Jennings,2013).If a person makes his or her signature slowly, fraudsters may watchand get an idea on how to make a similar copy. Secondly, thesignature should be simple, like a name, but instead something thatis complicated. Thirdly, one should dispose any unnecessary papersthat contain signatures. Finally, one should keep document thatcontains signature in a safe in secure place away fraudsters.
Whatitems can you take from these videos for your future PowerPointpresentations?
Fromthe videos, I have learnt that for a power point presentation to beappealing to the audience it should not contain too little or toomuch text. Again, it should not be based on bad color schemes insteadit should have a good mix of pretty pictures as well as usefulgraphics. The videos also show that a good presenter should expresspassion about what he or she offer to the audience.
Whatare some of the items mentioned in the Death by PowerPoint video thatyou recognized you have done in the past?
Thisvideo mention the use of large fonts sizes (between 28 and 32 forpoints and 36 to 44 font size for titles), which I have alreadyemployed in the past (Bovee & Thill, 2013). It has highlightedthe use of proper chart, which I have already used in pastpresentations. Proper charts offer a great way of presentinginformation.
Textis Killing Language:https://www.youtube.com/watch?v=UmvOgW6iV2sa. What made thepresentation especially good (or bad)?
Thepresentation is about how texting is killing language. The referenceof texting to fingered speech made the presentation good since itnever crossed my mind that it would be referred as so. Initially, Iviewed texting as a quick way of communicating without necessarilybeing grammatically correct. Now it is clear that some slang texts,like lol, may cause a lot of misunderstanding.b. Did thespeaker use visuals? (If so, what visuals?)
Thespeaker used some visuals he presented a conversation on the use ofthe word ‘lol’ and a post on the fall and decline of RomanEmpire.
c.How did he or she keep your attention? The speaker kept my attentionby use of different appealing humorous and jokes in his speechd.What suggestions would you give the speaker to make his or speechmore effective in the future?
Iwould suggest that he make use of different and appealing colors inthe posts that he present.
Analysis/evaluationof charts in the report
Itis possible to present some data visually. For instance, the USdepartment of commerce includes pictures in their publications. Inthe “International Trade Update” article, the first diagrampresents the top officials of the Tyee Aircraft in Seattle,Washington (Howard, 2009). It consists of Mary Saunders, the actingassistant secretary of the company. The added information below thediagram gives brief information about Mary Saunders. It alsoindicates when that the photo was shot on July 13, 2009. The seconddiagram consist of only one person, Craig Allen, who is the seniorcommercial officer based in South Africa. The third diagram presentsa Confucian temple that is located in Tainan, Taiwan. The lastdiagram represents the top officials from U.S and china during thegroundbreaking ceremony for the US pavilion (Howard,2009).
Allthe diagrams consists some information about it. For instance, theinformation gives the names of people in the photo, and theirpositions. In addition, the place and date when the photo was takenis also indicated. The diagram presents the data clearly. Thediagrams are clear and they focus on the needed information only.Further, they are complete and they do not have any missing elements.However, some improvement is required especially on the addedinformation. All persons appearing in the diagram should bementioned, and the positions they hold.
Bovee,C.L & Thill, J.V. (2013). Business Communication Today. (12 ed).New York: Pearson Education.
Cross,F. B., Miller, R. L. R., & Cross, F. B. (2009). TheLegal Environment of Business: Text And Cases: Ethical, Regulatory,Global, And E-Commerce Issues.Mason, OH: South-Western Cengage Learning.
Howard,M. (2009). Sustainable BusinessPractices Highlighted in Visit to Seattle Plants.Retrieved fromhttp://www.trade.gov/press/publications/newsletters/ita_0809/sustainable_0809.asp.
Jennings,M. (2013). Foundationsof the Legal Environment of Business.Mason, OH: South-Western/Cengage Learning.
Meiners,R. A Ringleb, A.H, & Edwards, F. L. (2013). TheLegal Environment of Business. (11Ed).Clemson Cengage Learning.