Saturday, December 28, 2019
Is The Convenience Worth The Cost - 1329 Words
Is the Convenience Worth the Cost? It is something everyone does, but are people aware of how much of an effect it can have? Text messaging seems harmless, Jeffery Klugerââ¬â¢s article ââ¬Å"We Never Talk Anymore: The Problem with Text Messagingâ⬠, describes how the benefits of texting are actually causing negative effects on the social aspects in peoplesââ¬â¢ lives. The convenience of text messaging is creating a generation that lacks vital communication skills that can only be learned through face-to-face communication. This quick form of exchanging of words lacks nonverbal cues, conversational depth, and can cause one to avoid in-person exchange, as well as effect relationships due to the lack of communication proficiency. When two people engage in a conversation in person, there is often little that is misunderstood during the entire dialogue, this is a result of our eyes subconsciously picking up small, but vital details in the other personââ¬â¢s body language, t one, and eyes, also referred to as nonverbal cues. Body language communicates how the conversation is flowing between people, whether he or she leans forward, or crosses his or her arms; both send a message that is very important to which way the exchange is going. Tone is the way feelings are expressed through oneââ¬â¢s words, it is a designation of how a person is feeling about the topic and the other people involved in the discussion. In addition, eyes are a very influential role on the flow of dialogue, known as the window toShow MoreRelatedPurchasing A Gas Stations Is A Great Investment1040 Words à |à 5 Pagesprofits. I have been hired as a consultant for edger to assist him with analyzing the gas station industry and help him determine the best optimal decision. It is importance to consider the following when making a gas station purchase: location, if a convenience store will be beneficial, and if a franchise or being independent is the best route. Determinants Demand Determinants 1. Location-competition A companyââ¬â¢s location is a very important factor. Location is a key component to a successful and profitableRead MoreThe Disadvantages of Technology829 Words à |à 4 PagesWith the advent of modern technology the world is provided with conveniences intended to make life easier. However, with careful scrutiny one can assess that these expedient products and services actually pose new problems. This insight makes clear that conveniences arenââ¬â¢t so beneficial after all. We can note this elucidation in examining the disadvantages of fast-food, automatic teller machines (ATM), and dishwashers. The convenience of fast-food comes along with many drawbacks in its wake. FirstlyRead MoreThe Pain of Achieving the Good Life865 Words à |à 4 Pages The cost of the good life is personal as displayed in Akira Kurosawas Village of the Watermills, Martin Luther Kings Letter from a Birmingham jail, and Dr. Colburns common lecture Rosewood. The cost of the good life is the sacrifice of some sense of security with each personal choice we make and each action we take to acquire the good life. It seems that in America we are blessed with continuously evolving innovation that provides us with so many conveniences. However, it is these conveniencesRead MoreBrand Relationships886 Words à |à 4 PagesFournier (1998) explains relationships with brands as relationships being purposeful by adding meaning and structure to life by shaping personality, changing self-concepts through expansion, or reinforcing the self-concept through mechanisms of self-worth or self-esteem. Relationships are deeply rooted in personal history and are central to ones core concept of self. They help resolve lifes themes that are central to the individual and may deliver on important projects and tasks. There are alsoRead MoreHow Spotify Positively Changed The Music Industry.Streaming1701 Words à |à 7 PagesSpotify Positively Changed the Music Industry Streaming music has become a common practice in todayââ¬â¢s society. Whether it be through apps or websites, people are constantly looking for ways to play their desired music on demand and for little to no cost. Traditionally, this would be achieved by illegally downloading music using torrent based websites or by ripping the digital files from an encrypted source. But within the last few years, with the introduction of new services aimed to eliminate piracyRead MorePublic or Private?798 Words à |à 3 Pagesa court of lawâ⬠(ââ¬Å"Fact Sheet 2b: Privacy in the Age of the Smartphoneâ⬠). All electronic components have unexpected side effects, and can be abused either negatively or positively; information technologies are no exclusion. One probable opportunity cost to upgrading to the latest technology is privacy--the worry being that these recent technologies will contravene on the ability to manage an individualââ¬â¢s own exposure to the world around them or to shield information about themselves. Julia AngwinRead MoreCorporate Health Case Study1454 Words à |à 6 Pagesnot be discriminated against or barred from a specific job. Corporate health is the new trendy expression. It isnt another idea, yet one that has moved into the bleeding edge in the psyches of numerous organizations today. Since medicinal services costs keep on sky rocketing and the economy stays testing, entrepreneurs and directors are being compelled to take a gander no matter what identified with their main resource their workers! The advantages of fit workers are various for both the businessRead MoreHow Consumers And How Large Supermarket Chains Match Their Needs For Terms Of Products, Price And Customer Services1360 Words à |à 6 PagesConsumers generally benefits from increased competition in retailing industries as well as large supermarket chains. It is worth thinking that what benefits shoppers gain and why it is happening. Due to fierce competition among retailing, such as Wal-Marts, Tesco, Carrefour, etc., they innovate internal management and operational modal by grasping the variation of demand. In previous research, Sorescu et.al (2011) mention that innovation challenges confronted by supermarkets is customer-centricRead MoreSeven Eleven Case Study1197 Words à |à 5 Pages1. A convenience store chain attempts to be responsive and provide customers what they need, when they need it, where they need it. What are some different ways that a convenience store supply chain can be responsive? What are some risks in each case? As responsiveness increases, the convenience store chain is exposed to greater uncertainty. A convenience store chain can improve responsiveness to this uncertainty using one of the following strategies, especially for fresh and fast foods: MethodRead MoreEssay about Fin301 Module 2 Case Assignment1417 Words à |à 6 Pagesaccount will be worth $15,000.00 in one year. The interest rate (discount rate) that the bank pays is 7%. What is the present value of your bank account today? What would the present value of the account be if the discount rate is only 4%? Present Value at 7% $15,000/1.07=$14,018.69 Present Value at 4% $15,000/1.07=$14,423.08 B. Suppose you have two bank accounts, one called Account A and another Account B. Account A will be worth $6,500.00 in one year. Account B will be worth $12,600.00 in
Friday, December 20, 2019
The term gothic is often portrayed as dark, mysterious,...
The term gothic is often portrayed as dark, mysterious, horrific, and suspenseful. During the eighteenth and nineteenth century gothic writing became a successful genre in the world of fiction. Many fictional works during this time period were gothic and known for being dark and creepy leaving the reader in a state of pleasing terror. Edgar Allan Poe became one of the most popular gothic poets of his time, and mostly known for the unusual and disturbing themes throughout his poems. A common theme throughout his two works, ââ¬Å"The Ravenâ⬠and ââ¬Å"The Cask of Amontilladoâ⬠, was sanity and where the narrator lacked thereof. ââ¬Å"The Ravenâ⬠begins with a man being disturbed by a knock at his door and is eventually driven mad by a raven who can only reciteâ⬠¦show more contentâ⬠¦The narrator finds a raven perched above his door, and begins to question the bird that can only respond with the word ââ¬Å"nevermore.â⬠The narrator becomes curious about Len ore, and whether she ascended to heaven or went to hell, but the ravenââ¬â¢s only response is ââ¬Å"nevermore.â⬠Infuriated, the narrator gradually drives himself mad because the bird cannot answer his questions about Lenore. From the beginning of the poem, the setting is dark, dull, and gothic. The narrator is in a dark room lit by a lamp, on a bleak December night with a fire slowly dying, as he sulks about his recent loss. Reminiscing, ââ¬Å"for the rare and radiant maiden whom the angels name Lenore.â⬠He remembers her as perfection and symbol of life. On the contrary, the black raven is symbol of darkness and death in which the narrator has faced with Lenore. As the narrator tries to distract himself from the loss of his lover, the annoying raven only makes matters worse driving the man mad because the bird cannot answer questions about Lenore. Black, the color of death or sometimes even considered colorless. The raven covered in black feathers is a continuous re minder to the narrator of Lenoreââ¬â¢s death. The loss of the narratorââ¬â¢s sanity is an accurate portrayal of Poeââ¬â¢s personal loss of Virginia. This bird is haunting the narrator, as Poe was haunted about Virginiaââ¬â¢s death. This is considered gothic because death is difficult and can leave people in obscure places mentally, especially whenShow MoreRelatedThe Rise Of Poe By Edgar Allan Poe1635 Words à |à 7 PagesThe Rise of Poe The words people use and how they use them holds so much power within themselves. It seems that, people are always searching for the right words to express their true emotions towards a certain subject. Artists and authors manage to make a living off of knowing how to use the right words to reach through to their platform. Though within his time, Edgar Allan Poe did not have an established platform and was seen as estranged; he still dabbled as an author and has made many famous shortRead MorePoe and Perversely1719 Words à |à 7 Pagesand explain how someone is perverse would have to be Edger Allan Poe. Two of his works that show perversely the best would be ââ¬Å"The Black Catâ⬠and ââ¬Å"The Imp of the Perverse.â⬠Poe was really able to explain perversely very well. Poeââ¬â¢s view of perversely is clearly expressed in ââ¬Å"The Imp of the Perverseâ⬠Poe explains perversely as ââ¬Å"We persist in acts because we feel we should not persist in themâ⬠(The I mp of the Perverse; Edgar Allan Poe) In The Imp of the Perverse Poeââ¬â¢s views of perversely are like mineRead MorePrescence of Poe1736 Words à |à 7 PagesPresence of Poe Edgar Allan Poe is regarded as one of the great American writers in history. He had a unique way to present his stories, his imagination stretched into the darkest corners of his mind. One can say his characters were developed from personal experiences in his life. His use of writing techniques was ingenious and unsurpassed. These are just a few reasons why he is a permanent reminder whenever horror stories come to mind. Edgar Allan Poe was born in Boston on JanuaryRead MorePoe Essay809 Words à |à 4 PagesEdgar Allan Poe said ââ¬Å"I became insane, with long intervals of horrible sanity.â⬠Throughout his short stories; ââ¬Å"The Black Catâ⬠and ââ¬Å"The Tell-Tale Heartâ⬠, Poe sets up his characters to subconsciously reveal their insanity. Often using syntax clues and patterns, Poe shows the madness of the narrators of his short stories. The constant theme of denial of insanity further convinces the reader of the characterââ¬â¢s psychosis. Characters themselves often prove they are not in touch with reality through theirRead MorePoe Essay1855 Words à |à 8 PagesEdgar Allan Poe was born in Boston, Massachusetts on January 19, 1809 to Actors David and Elizabeth Arnold Poe. David and Eliza had three children together, William Henry, Edgar and a sister named Rosalie Poe (Hutchisson, 5). Edgar Allanââ¬â¢s parents died when he was young and he was taken in by John and F rances Allan, of Richmond, Virginia, even though they never formally adopted him. His other two brothers went on to live with other family members. John Allan was a very successful merchant, whichRead MoreEdgar Allan Poe721 Words à |à 3 PagesEdgar Allan Poe Edgar Allen Poe, born is 1809, was an American short story writer, poet, and critic. He is commonly know as the father of detective stories. His most well know work of art is his poem The Raven (Werlock). Although Poe had a short lived career, his literature continues to influence many writers in the United States and Europe. He worked with many genres such as: gothic tale, science fiction, occult fantasies, and satire. While many critics consider his works of literature as grotesqueRead MoreEdgar Allan Poe792 Words à |à 4 Pagesauthor, Edgar Allan Poe, on Sunday October 7, 1849. In Massachusetts on the 19th day of January in the year 1809, Edgar Poe was born to actress Elizabeth Arnold Hopkins Poe and actor David Poe Junior, making him an older brother to Rosalie Poe, and a younger one to William Henry Leonard Poe. Poe may, perchance, have been named after a character in the play that his parents were performing that year. He was never formally adopted, however, Edgar Poe was r enamed Edgar Allan Poe when the John AllanRead MoreEdgan Allan Poe1554 Words à |à 7 Pages Edgar allan poe lived in a time when Americans were feuding between each other . Many pieces of poes literature is influenced by the time period he lived in. Edgar allan poe wrote about his surroundings and how the world was affected by it.poe has a lot of controversial ideas that is portrayed in most of his writings ,poems, and also his short stories. Edgar allan poe was an writer influenced his surroundings. Edgar allan poe lived in a time where the termole began to grow exponentiallyRead MorePoe vs Hawthorne1992 Words à |à 8 PagesEdgar Allan Poe and Nathaniel Hawthorne Kimberley Prescott LIT/210 08/01/2012 Sherry Salant Edgar Allan Poe and Nathaniel Hawthorne Popular literature is incomplete without the names of Edgar Allan Poe and Nathaniel Hawthorne. Both of these authors lived in the same time period, yet lived very opposite lives. In fact, Poe received notoriety for criticizing Nathaniel Hawthorne. (Poe, 1847) In his career, he wrote several critiques of Hawthorneââ¬â¢s work. On a personal level, Poe often disagreedRead More Edgar Allen Poe1501 Words à |à 7 PagesEdgar Allen Poe Edgar Allen Poe was a great writer and made many contributions to the works of literature. He is known as the father of the American short story and also the father of the detective story. To understand Poeââ¬â¢s literary contributions, his early life, literacy life, and works must be examined. Each aspect of his life revolves around the other. Edgar Allen Poe was born in Boston on January 19, 1809. He was born to a Southern family who belonged in a traveling company
Thursday, December 12, 2019
Joses Authentic Mexican Restaurant free essay sample
Problem Statement: Joseââ¬â¢s Mexican restaurant is a small yet popular spot. Lately they have been losing customers and profits due to service issues. In order to improve the restaurant, Joseââ¬â¢s Mexican Restaurant must provide service that is top-notch, in other words fast, efficient, great testing, convenient and heartwarming. What must the restaurant do in order to improve service? Areas for consideration: Quality at Joses restaurant should be defined by service, value, reliability of the experience and overall customers satisfaction. The quality of a product is defined as whether it fulfills its stated specifications. Customer satisfaction should be at the top priority for the restaurant. Customer satisfaction is the measurement of a product or service that meets or exceeds customers expectations. Therefore, the restaurant should focus on its customers needs and requirements, and strive to exceed their expectations. ` The factors that affect the quality of the service are conformance to specification, value, fitness for use, support and even psychological standard impression. Food should be delivered and served as to be what is promised on the menu.Also, the food should be cooked and prepared properly, to be fresh, clean, and to have exactly the ingredients and flavors that are ordered. Service staff should be neatly dressed and greet customers with a smile; personnel should be experienced and trained to accommodate the customer. Atmosphere is another important area of quality. At Joseââ¬â¢s, keeping with the Mexican themed decor creates the atmosphere for the Mexican prepared dishes. The overall establishment should maintain a level of cleanliness. Waiting areas for customers should be clean and comfortable during the peak times when a waiting to be seated is necessary.The service and meals should be dependable and consistent. Food should be prepared with the best available ingredients, and served quickly and correctly. Wait staff should provide prompt service, serving in the time promised, and make the customers feel unique and special. What are the restaurantââ¬â¢s costs of process failures? ââ¬â Because of the lack of a waiting area and reservations Joseââ¬â¢s is losing customers that could have been accommodated better. According to the survey conducted an average of 20% of the customers are unsatisfied. Also due to the wait time for the food to be prepared over 30% of the customers are not satisfied.Even a whopping 14% of customers are not happy with how the food tastes, this is maybe due to the ingredients the cook was complaining about. Even the servers have problems a large 12% complained about their servers. When it all comes down to it a whopping 20% of these customers say that the dining experience was not worth the cost. What does this mean? It means that 20% of the customers are not coming back. So as we can see Joseââ¬â¢s Authentic Mexican Restaurant really needs an overhaul. When a process fails to satisfy a customer, the failure is considered a defect.The more servers the easier it becomes to serve the customers. The more space, the less need for waiting to be seated in fact we may place a cozy waiting area for our guests. Renovations also mean you get to have the media evaluate your place again, meaning youââ¬â¢ll get on the paper, which means free advertising. Also a renovation will spark interest in your regular customers and the general public. People will talk about it. They will want to experience the new place. Disadvantages (Weaknesses and Threats)The expansion of space will take a long time, first a space has to be purchased. We are not even sure if the establishments around Joseââ¬â¢s will want to sell space. Then there comes the finances. Is Joseââ¬â¢s Authentic Mexican Restaurant capable of shelling out large enough capital. New employees may be hard to train and not always needed thus accumulating more cost than what is desired. Also what if the renovation and space expansion takes too long and a new Mexican restaurant owned by someone else opens up?Will Joseââ¬â¢s customers remember it, or will they be satisfied with the new-oneââ¬â¢s service? All these things must be put into consideration for even an assumed small weaknesses or threat maybe underestimated and can result or turn into a fatal error. Alternative 2 Use a Six Sigma Improvement Model (DMAIC) Six sigma, which relies heavily on the principles of TQM is comprehensive and flexible system for achieving, sustaining, and maximizing business success by minimizing defects and variability in processes.Although Six Sigma Improvement Model is a five step procedure that leads to improvement in process performance, the model can be applied to projects involving incremental improvement to process or to project requiring major changes including redesigning an existence process. The following steps comprise the model: The DMAIC project methodology has five phases: * Defineà the problem, the voice of the customer, and the project goals, specifically. * Measureà key aspects of the current process and collect relevant data. * Analyzeà the data to investigate and verify cause-and-effect relationships.Determine what the relationships are, and attempt to ensure that all factors have been considered. Seek out root cause of the defec t under investigation. * Improveà or optimize the current process based upon data analysis using techniques such asà design of experiments,à poka yokeà or mistake proofing, and standard work to create a new, future state process. Set up pilot runs to establishà process capability. * Controlà the future state process to ensure that any deviations from target are corrected before they result in defects.Implementà control systemsà such asà statistical process control,à production boards, andà visual workplaces, and continuously monitor the process. Let us use the Six Sigma Approach: 1- Define. Determine the characteristic of the process output that are critical to customer satisfaction and identify and gaps between these characteristics and the processs capabilities. Get a picture of the current process by documenting it using flowcharts and process charts. At Joses, some of the concern are stated at the survey about customer satisfaction from the service they receive at Joses.The survey shows that 20% of the customers were not happy, and dont consider the service they receive worth the money they pay. Look into the problem thoroughly and see if there are cracks in the system, for example we noticed that Joseââ¬â¢s does not take reservations. 2- Measure. Quantify the work the process does that affects the gap. Select what to measure, identify data sources, and prepare a data collection plan. In Joses case, the survey covers all the major issues that could have direct effect on the business performance. 3- Analyze. Use he data on measures to perform process analysis, applying tools such as Pareto charts, scatter diagrams, and cause-and-effect diagrams, and statistical process control (SPC) tools to determine where improvements are necessary. Joses should analyze the data from the survey in order to address the problem. 4- Improve. Modify or redesign existing methods to meet the new performance objectives. Implement the change. The Joses team should observe the positive achievement in the operation, and should stop the process if there were mismatching. 5- Control.Monitor the process to make sure that high performance level are maintain. Once again, data analysis tools such as pareto charts , bar charts scatter diagram, as well as statistical process control tools can be used to control the process. The selected operational procedure should be revised, and needs to be documented and this process must be firmly held by Joses operational team. In the operation processes, continuous improvement need to be find out for the more better performance from Joses in general and over all catering services. Advantages (Strengths and Opportunities)The Six Sigma Image Model is a thorough study of the problem. Through using this Joseââ¬â¢s will get down to the roots of the problem and maintain the system functioning well. It takes less time and resources to accomplish. It can be started immediately and the results are effective. This approach is not only cost effective but keeps the guessing-game out of the picture. Since this approach is cost-effective the money saved may then be invested in other things such as equipment, advertising or a totally new business depending on the owners judgment. Disadvantages (Weaknesses and Threats)I donââ¬â¢t really see any major flaws here except that it may be too tedious for the less-active folk. A threat can be that another restaurant may be able to use this system better and come out with better results than Joseââ¬â¢s Authentic Mexican Restaurant. Conclusion and recommendation: Alternative 1 ââ¬â may indeed spark interest and increase sales for an unknown period of time after the restaurant re-opens. However, this method is not cost-effective and will take too much time, effort and capital to set in motion and complete. And it does not take an in-depth look at the problem but only gives a superficial or shallow solution to the problem.With the information collected by Joseââ¬â¢s Authentic Mexican Restaurant it is possible the restaurant is ready to take the Six Sigma Image Model approach. I therefore conclude that Alternative 2 which is to take an in-depth search of the problem through the Six Sigma approach originally developed and made popular by Motorola, USA can be most helpful to solving the problem with service at the said restaurant. This alternative takes a deep meaningful search of the problems, solves it and maintains it. This approach meets the objective of the study, which is to solve the service problem of Joseââ¬â¢s Authentic Restaurant.The importance of investing in a Six Sigma approach are the in-depth research, answers, information and system maintenance t hat will be available after this approach is completed. After all, it is a proven system that has been used by countless successful businesses. Aside from the research valuability, educating your employees with this approach may increase their self-esteem by providing them with information and a tool for success in life. Happy and confident employees result in a better work-ethic, which will then dramatically improve the service performance of Joseââ¬â¢s Authentic Mexican Restaurant.
Wednesday, December 4, 2019
Machine Against Machines Wannabi Employees-Myassignmenthelp.Com
Question: Discuss About The Machine Against Machines Wannabi Employees? Answer: Introducation The present case is based on the Sale of Goods Act of Fiji and to certain extent; the rights of the consumers have also been attracted here. Under the provision of the Sale of Goods Act, it has been mentioned that the term goods includes any chattels that are to be used in personal way or for trading purpose[1]. There are a number of provisions mentioned under the arena of Sale of Goods Act, which are providing necessary rules for the proper use of goods and services. There are provisions regarding the rights and duties of the buyer and the seller and certain conditions that are necessary for the sale of the goods[2]. Division 8 of the Sale of Goods Act deals with the performance of the contract. The rules regarding the delivery of goods have been mentioned here in a systematic way. Certain rights are given to the buyer regarding the goods in this chapter. The Act has given power to the buyers to examine the goods before use and the necessary provision regarding the same has been men tioned under section 35 of the Act[3]. According to section 35, if in any case, the buyer had not examined the goods that he purchased, the law gives him an opportunity to examine the same after the purchase. It has been mentioned that until the buyer examines the product, it will be presumed that the buyer does not accept the same[4]. It is also the duty of the seller to give the buyer an opportunity to examine the product. After examining the product, if the buyer thinks that the product meets all the requirements, then he will accept the same under section 36 of the Sale of Goods Act[5]. In this case, certain principles of the Consumer law will also applicable. Under the Consumer law, it has been stated that if a consumer buys some product and later comes to know that the product is a disputed one, he has every right to return the goods to the manufacturer or to the seller. He can file a complaint before the Consumer council of Fiji regarding the same. He can claim damage regarding the same and he may get the full refund as against the alleged product. However, there are certain rules stated under the Consumer Law. It has been stated that the consumer owes the burden of proof and it is his responsibility to collect all the evidences regarding the truthfulness of the allegation made by him. In this case, it has been observed that Mr. Spin had signed a document during the time of buying the machine without knowing the conditions stated therein. In this case, certain provisions of the contract law have also been applied. In LEstrange v Graucob [1934] 2 KB 394, it was held that when an able bodied person signs a document, it will be deemed that he put his signature after understanding all the criteria of the document[6]. The same principle had applied in the case of Fiji development Bank v Raqona [1984] 30 FLR 151. However, there are certain exclusion clauses mentioned under the Contract law of Fiji. As per this doctrine, a person can be excluded from his liability regarding the signed documents if the below points are fulfilled: Under the law of Fiji, there are three conditions where the principle of exclusion clause will not be applied[7]. If fraud has been done as against a person and he had signed the document based on the facts, the provision regarding the exclusion clause will be applied. Another ground is misrepresentation. In Curtis v Chemical Cleaning Co [1951] 1 KB 805, plaintiff was misrepresented by the shopkeeper who had hide the fact that there are certain clauses regarding the liability of the shopkeeper to certain extent[8]. After signing the slip, when the plaintiff regarding the matter has found certain disputes, it was contended by the defendant that plaintiff had already signed the slip that containing the facts that the shopkeeper will not be liable for any dispute regarding the product. The last rule is on Non Est Factum. In Gallie v lee another [1971] AC 1004, it was held that if there is differences occurred regarding the contractual product and the substances of the same. Application: Therefore, from the above mentioned stand points, it should be kept in mind that the applicability of the rules mentioned above has certain strong sides. In the present case, Mr. Spin had bought a machine from Winnabi Machines and one of the employees of the company showed the same. The employee told Mr. Spin about the modernization of the machine and showed the usage of the same. Mr. Spin had agreed to the offer and buy the machine from the company and bring the same to his company. However, at the time of the purchasing the same, the machine was not examined by him[9]. Rather, he had to fill up a form regarding the purchase without noticed the conditions stated there. When he installed the machine, he found that the product is different than that he ordered and the product is quite old in nature. It has also been observed by him that there are certain complications present in the machine and it is hard to tackle the same. The outcome of the machine has created a negative impact on the productivity of the company owned by Mr. Spin. After an allegation made by Spin, the company told that he himself had signed the documents where certain provisions were mentioned regarding the liability of the company and therefore, he has no right to go against the company. According to the principle of section 35 of the Sale of Goods Act, the buyer has a right to examine the product after he purchased the same. It has been observed by the case that Mr. Spin had not examined the product after purchasing the same. It is also the duty of the seller to let the buyer examined the product and gives him an opportunity regarding the same. However, in the present case, Mr. Spin did not get any opportunity to examine the product and therefore, it can be stated that there is a violation regarding the breach of section 35 of the Sale of Goods Act observed. The principle laid down under the consumer law has also been applicable here. It is clear that the machine showed by the employee of Wannabi machines was different than that of the machine purchased by him[10]. The employee was showed a modern machine and the product bought by Mr. Spin was not modern. Perhaps, it was difficult to operate the machine and he had to face a lot of problem due to the sharp blades of the machine. The outcome of it had created a negative impact on the business of Mr. Spin. Under the Consumer law of Fiji, it has been stated that any consumer can bought an action as against the seller or the manufacturer if the product served by them is a disputed one. In the matter of the undersigned document of the product, it can be stated that it was the duty of the seller to make the buyer aware of the conditions that are stated in the slip and therefore, if there is a laxity regarding the same has happened, the provision of the exclusion clause will not be applied. According to the principle laid down under the case of Curtis v Chemical Cleaning Co [1951] 1 KB 805, it can be said that it is the liability of the seller to narrate the exclusion clauses to the buyer[11]. If the seller had failed to meet the requirements properly, the acts of the seller will be treated as of misrepresentation in nature. Conclusion: Therefore, from the above-mentioned facts and the case laws, it can be stated that the case is attracting several principles laid down under the Sale of Goods Act, Contract Act and Consumer law. The interest of the buyer is protected by several legislatures in Fiji. However, in the present case, certain advices are required as per the provisions of the Sale of Goods Act. It can be stated that Mr. Spin has every right to claim damages from the company as the company violated the provision of section 35 of the Sale of Goods Act. In this case, buyer has all the opportunities to return the disputed product to the company and seek for refund of the money or to claim for damage from the alleged company[12]. References Bakshi, P. M. "41_The Sale of Goods Act, 1930." (2016). Bourrel, Marie, et al. "Building in-country capacity and expertise to ensure good governance of the deep sea minerals industry within the Pacific region."Marine Policy(2017). DeWitt, Helen. "Candide's Garden: A Parable."Dissent61.4 (2014): 36-37. Fried, Charles.Contract as promise: A theory of contractual obligation. Oxford University Press, USA, 2015. Khatri, Bhumika. "Getting the definition of'consumer'right-Worrying about the smaller ones in Fiji." (2016). Krhmer, Daniel, and Roland Strausz. "Optimal sales contracts with withdrawal rights."The Review of Economic Studies82.2 (2015): 762-790. Laemmli, Thomas.Transfer of ownership in international sales of goods. Diss. University of Cape Town, 2014. McGee, Andrew. "The Reform of English Insurance Law-Attracting Business in the 21st Century."Asian Bus. Law.16 (2015): 73. Moscatelli, Alberto. "The struggle for control."Nature nanotechnology8.12 (2013): 888-890. Naidu, Suwastika, R. D. Pathak, and Anand Chand. "11. Towards a double triangle model of socially desirable HRM practices and firm performance in small-island developing states."Corporate Social Responsibility and Human Resource Management: A Diversity Perspective(2014): 192. Stewart Firth, Firth, Jon Fraenkel, and V. Lal Brij.The 2006 military takeover in Fiji: a coup to end all coups?. ANU Press, 2013. Yeung, Horace, and Flora Huang. "Certainty Over Clemency: English Contract Law in the Face of Financial Crisis."The Effects of Financial Crises on the Binding Force of Contracts-Renegotiation, Rescission or Revision. Springer International Publishing, 2016. 285-305.v [1] Bakshi, P. M. "41_The Sale of Goods Act, 1930." (2016). [2] Naidu, Suwastika, R. D. Pathak, and Anand Chand. "11. Towards a double triangle model of socially desirable HRM practices and firm performance in small-island developing states."Corporate Social Responsibility and Human Resource Management: A Diversity Perspective(2014): 192. [3] Bourrel, Marie, et al. "Building in-country capacity and expertise to ensure good governance of the deep sea minerals industry within the Pacific region."Marine Policy(2017). [4] Khatri, Bhumika. "Getting the definition of'consumer'right-Worrying about the smaller ones in Fiji." (2016). [5] Laemmli, Thomas.Transfer of ownership in international sales of goods. Diss. University of Cape Town, 2014. [6] Fried, Charles.Contract as promise: A theory of contractual obligation. Oxford University Press, USA, 2015. [7] McGee, Andrew. "The Reform of English Insurance Law-Attracting Business in the 21st Century."Asian Bus. Law.16 (2015): 73. [8] Yeung, Horace, and Flora Huang. "Certainty Over Clemency: English Contract Law in the Face of Financial Crisis."The Effects of Financial Crises on the Binding Force of Contracts-Renegotiation, Rescission or Revision. Springer International Publishing, 2016. 285-305.v [9] Krhmer, Daniel, and Roland Strausz. "Optimal sales contracts with withdrawal rights."The Review of Economic Studies82.2 (2015): 762-790. [10] Stewart Firth, Firth, Jon Fraenkel, and V. Lal Brij.The 2006 military takeover in Fiji: a coup to end all coups?. ANU Press, 2013. [11] Moscatelli, Alberto. "The struggle for control."Nature nanotechnology8.12 (2013): 888-890. [12] DeWitt, Helen. "Candide's Garden: A Parable."Dissent61.4 (2014): 36-37.
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