Organizational Behavior Forces Essay examples - 1294 Words

Organizational Behavioral Forces There are many internal and external forces that can affect an organization. Internally an organization sets up its own culture. It creates its own internal structure, mission, and fiscal policies. These internal forces are created to engage the external forces that include, but arent limited to, an organization competition, the economy, and the demands of the customers. The way that these forces are handled speaks to the effectiveness of an organization. Having knowledge of a system and its development will†¦show more content†¦Organizational behavior can be affected by how conservative or aggressive its fiscal policy is and it relates to success in achieving its goals. An example of fiscal policy on a small scale is how a finance department can write off invoices up to a certain amount. Anything exceeding the allowable limit must be taken up to management. Fiscal policy can change the allowable amount, depending on how important the organizations focus on accounts receivable is. Another example is automobile companies putting more emphasis on research and development as well as production for fuel-efficient vehicles, or hybrids and less on conventional vehicles due to high gas prices. This causes unemployment levels to go up and down in certain areas of the car industry. When a company decides to adjust its spending, its policy may affect only a specific group of people. Making changes to maintain characteristics of the company in an internal force impacts its organizational behavior. These changes are made to the tools, resources, and the physical or organizational settings of the company. Restructuring is referring to the resourcesShow MoreRelatedThe Impact of Time Wastage on Employees2223 Words   |  9 Pageswhen sales force is involved in activities of extra unnecessary documentation The time wastage leads to employee low morale, more absenteeism, high job dissatisfaction and low organizational commitment. Due to time wastage in extra documentation activities the performance of employee decreases which directly effect on firm productivity and profitability. The research study is basically based on quantitative research technique. This study focuses on the impact of time wastage in sale force on employeeRead MoreRelationship Between Job Perfo rmance and Job Satisfaction2039 Words   |  9 Pagesperformance is formally defined as the value of the set of employee behaviors that contribute, either positively or negatively, to organizational goal accomplishment (Colquitt, Wesson and LePine, 2009, p. 37). Job performance comprises of actions which are under the employees’ control, however it puts a limit on which actions are and are not significant to job performance. Under job performance, there are mainly three behaviors fit into categories that are significant. Task and contextual performanceRead MoreOrganizational Behavior1387 Words   |  6 PagesOrganizational Behavior Michael J. Bonnie CJA444 June 5, 2014 Eddie Gordon Organizational Behavior Organizational behavior is the study of how employee’s behavior interacts within an agency’s work environment. It includes many subjects which include sociology, communication, psychology, and management. Its primary purpose is to review and report in the ever expanding study in criminal justice organizational behavior areas in the workforce. This discussion focuses on the forces of change andRead MoreTerm Paper of Coca Cola1494 Words   |  6 PagesReport On FORCES OF ORGANIZATION BEHAVIOR IN COCA-COLA COMPANY [pic] University Of Information Technology and Sciences University of information technology sciences Term paper On Coca-cola company ltd. Role of the Forces of organization behavior Read MoreOrganizational Change: A Reflection1371 Words   |  6 PagesOrganizational Change Statistical analysis Data for this assessment originated from the responses of the sample population. The respondents answered a series of questions that aimed at capturing their qualitative values. Other data sources include secondary sources like the police register and notice boards. Change management professionals have emphasized the need to establish organizational readiness for change. The experts recommend numerous strategies for their design. The recommendation appearsRead MoreOrganizational Behavior System in Jgtdsl, Bangladesh1499 Words   |  6 PagesIntroduction: - Organizational Behavior (OB) is the study and application of knowledge about how people, individuals, and groups act in organizations. It does this by taking a system approach. That is, it interprets people-organization relationships in terms of the whole person, whole group, whole organization, and whole social system. Its purpose is to build better relationships by achieving human objectives, organizational objectives, and social objectives Elements of Organizational Behavior:- The organizationsRead MoreLeading Org Final Exam Notes Essay1575 Words   |  7 Pagestasks or social expectations), work overload (quantitative, qualitative, overwork) Task Control Stressors, stress increases when employees lack control over how and when tasks are performed, pace of work activity Organizational amp; Physical Environment Stressors, Organizational (most prevalent is downsizing, reduced job security etc, additional workloads), Physical (due to excessive noise, poor lighting and hazards) Work-non-work Stressors, Time-based conflict (travel, rotating work schedulesRead MoreMarket Analysis of Avon1627 Words   |  6 Pagescarry out a successful organizational change. Organizational models are helpful in categorizing, when collecting or observing data. Models help in categorizing information in bits which are understandable especially due to the complex organizational information. They help in enhancing understanding, by interpreting data. Models help as a guide for change; because conditions are put in place according to their importance. This creates an order, or sequence of organizational elements making the directionRead MoreKey Factors That Affect Organizational Functions And Require Change952 Words   |  4 Pagesaffect organizational functions and require change; organizations must make the transition from its current state to some desired future state because change is inevitable. New markets, products and services, new production methods, technologies and soc ial values affect the daily environment. Thus, adaptiveness, flexibility, and responsiveness are characteristics that enable organizations to meet the competitive challenges businesses face, today. Nelson Quick share in Organizational Behavior (2013)Read MoreOrganizational Behavior Of The United States Marine Corps1602 Words   |  7 PagesAccording to Bauer and Erdogan, organizational behavior is the â€Å"systematic study and application of knowledge about how individuals and groups act within the organizations where they work† (2014). With the large amount of detail that goes into organizational behavior, there is no better example of how dynamic it can be than the United States Marine Corps. Rich in its tradition and history, the United States Marine Corps has a robust structure, very unique culture, and a fervent passion that is almost

The Theme of Loneliness in Mary Shelleys Frankenstein...

Mary Shelleys Frankenstein examines two phenomena of human nature, scientific curiosity and loneliness; the latter will serve as the focus of this essay. The very manner in which Frankenstein begins, that of the correspondence of an unattached explorer who longs for a companion on his voyage, with no one to write to but his sister, establishes the theme of loneliness immediately. Frankensteins creation is a complex character whose true motives cannot be determined easily. Although one cannot excuse his actions, they should certainly not be viewed out of context. The creature is exposed to the painful reality of loneliness from the moment of his creation. I had worked hard for nearly two years, Victor states, for the sole†¦show more content†¦The creature explains his plight to the old man: They are kind--they are the most excellent creatures in the world; but, unfortunately, they are prejudiced against me. I have a good disposition...but a fatal prejudice clouds their eyes, and where they ought to see a feeling and kind friend, they behold a detestable monster. Unfortunately, the old man misunderstands the creatures meaning of monster, and offers him advice instead of understanding. Furthermore, before the creature has time to explain that the DeLaceys are the companions he seeks, the family members return home and, unfortunately, react in the manner the creature had feared. As the creature himself realized, I could have torn [them] limb from limb...But my heart sunk within me as with bitter sickness, and I refrained. Up to this point, the creature has taken abuse from every human being he has come into contact with. The DeLacey family offered probably the only opportunity for an alternative. But another misunderstanding destroyed his chances once again. The creature retreats to the woods, and decides that he will take this abuse no longer. The creature encounters Victors young brother in the woods and,realizing he belongs to the Frankenstein family, strangles him and then pins the crime upon a friend. Although no one can deny this as a mal icious and brutal act, it can be somewhat explained. For one, the creature is overcome with grief in a state of despair. When heShow MoreRelated Walton’s Letters in Mary Shelley’s Frankenstein Essays827 Words   |  4 PagesWalton’s Letters in Mary Shelley’s Frankenstein ‘Frankenstein’ is a gothic, science fiction novel written by Mary Wollstonecraft Shelley. It was written in Switzerland in 1816 and London in 1816-1817. The novel begins with a series of letters from the explorer Robert Walton to his sister, Margaret Saville. The entirety of ‘Frankenstein’ is contained within Robert Walton’s letters, which record the narratives of both Frankenstein and the monster. Walton’s letters act like a framing deviceRead MoreLiving And Dying By Loss And Loneliness1183 Words   |  5 Pages Living and Dying by Loss and Loneliness Although filled with many metaphors and double meanings, Mary Shelley’s Frankenstein is meant to show readers the most powerful motivators of our actions, in scientists and monsters alike, are loss and loneliness. Loss is a constant theme in Frankenstein, from the death of Victor’s mother to the expiration of Victor himself. Loneliness is constant as well, though it is less outspoken. Victor’s scientific breakthroughs are a direct result of the losses in hisRead More Mary Shelly Essay examples1564 Words   |  7 PagesMary Wollstonecraft Shelly has written many books in her life. She has received much criticism about one of her books inperticular, Frankenstien. Frankenstein was one of her most famous novels. Shelly had written Frankenstein in order to enter a contest but what few people realized was that Frankenstein was one of many nightmares that Shelly had during her rough childhood. Shelly has become one of the most renowned Gothic authors because of her use of graphic descriptions and settings and herRead MoreInfluence of The Metamorphoses and Paradise Lost in Frankenstein by Mary Shelley891 Words   |  4 PagesInfluence of The Metamorphoses and Paradise Lost in Frankenstein by Mary Shelley Frankenstein, possibly Mary Wollstonecraft Shelleys most well-known work, is considered by some to be the greatest Gothic Romance Novel. Due to her marriage to Percy Bysshe Shelley and close friendship with other prolific Romantic authors and poets, namely Lord Byron, Shelleys works permeate with Romantic themes and references. Also present in Frankenstein are obvious allusions to The Metamorphoses by OvidRead MoreFrankenstein Literary Analysis Essay903 Words   |  4 PagesFrankenstein Literary Analysis Friends will determine the direction and quality of your life. Loneliness is a battle that all people will once face at a certain point in their life; it is how they handle it that determines the outcome of that battle. In Mary Shelleys Frankenstein loneliness is the most significant and prevailing theme throughout the entire novel. Shelley takes her readers on a wild journey that shows how loneliness can end in tragedy. Robert Walton is the first characterRead MoreFrankenstein as a Gothic Novel Essay1332 Words   |  6 Pageswanderers, ominous atmosphere, symbolism, and themes: these are elements of a Gothic novel. Though Mary Shelleys Frankenstein, written in the early 19th century, certainly contains many components of a Gothic novel, can it be correctly grouped under that genre? A definition of a Gothic novel; according to Tracy, is a description of a fallen world. We experience this fallen world though the aspects of a novel: plot, setting, characterization, and theme (De Vore, Domenic, Kwan and Reidy). As wellRead MoreFrankenstein, By Mary Shelley Essay1114 Words   |  5 PagesIn Mary Shelley’s Frankenstein, Victor Frankenstein tells his story from the bright beginnings, to his boundary-crossing brilliance that led him to his ultimate downfall. Throughout the book, we follow mostly Frankenstein’s interpretation and thoughts about a variety of topics, including the women involved in his life, as well as those described to him by his Creature. There are only a handful of women who are relevant to Frankenstein’s tale: Safie, Elizabeth, and even Nature herself. These importantRead More Isolation in Mary Shelleys Frankenstein Essays1399 Words   |  6 PagesIsolation in Mary Shelleys Frankenstein Mary Shelleys novel, Frankenstein, has several themes imbedded in the text. One major theme is of isolation. Many of the characters experience some time of isolation. The decisions and actions of some of these characters are the root cause of their isolation. They make choices that isolate themselves from everyone else. However, other characters are forced into isolation for reasons that are not in their control. The actions of another cause themRead MoreThe Theme Of Sublime Nature In Frankenstein By Mary Shelley863 Words   |  4 PagesIn the novella Frankenstein, Mary Shelley uses geography to further the plot, reveal the true intentions of characters and convey the novella’s theme of sublime nature. The theme of sublime nature is the idea that nature is comprised of a mixture of terror and beauty. One example of sublime nature supported by geography is the monster, which is truly a terror in appearance and spirit being born in Ingolstadt. Shelly contrasts this â€Å"terror† of Ingolstadt to the beauty of Geneva, Frankenstein’s birthplaceRead MoreFrankenstein Influences1358 Words   |  6 Pagesof Mary Shelley’s Personal Life in the Story of Frankenstein The authors that are most successful in creating vivid emotions of fear, anguish and heartache are those that have experienced such emotions in their own lives. Mary Shelley in her gothic fiction novel Frankenstein presents her personal challenges through the literary work and characters. First, Mary’s own birth and the death of her mother are re-created in the fictional novel as the creation of the monster by Victor Frankenstein. Through

Essay about Differences in Gender Roles During the Middle...

Women in the Middle Ages History is marked by specific periods; which illustrates the cultural, economic, religious, and educational setting of the time. One such era is the Middle Ages or Medieval Period. This period that dates from around 850-1400, was defined by the â€Å"Italian Renaissance humanist, Francesco Petrarch, who coined the term Middle Ages to describe the period in European history from the end of the Roman Empire until his own time, the 1300s†. There were many changes that occurred during this span in history; such as the development of cities and the marketplace, which allowed some people to obtain financial wealth and move into a new social bracket. This redistribution of the pecking order was a source of distress for†¦show more content†¦Life in the church consisted of prayer, study, and work. Convents were self-sufficient communities and all nuns were expected to work about 5 to 6 hours a day. In addition to living a life of religious purity; a nun was more liberate d than other women of the Middle Ages because the convent provided nuns opportunities to continue their education and be free of a man’s control. During the Middle Ages there was an influx in the growth of urban life, thus there became a need for more commerce in the marketplace and workers to fulfill that responsibility, which in turn allowed women to join men in the guild sector. Therefore, the third division of women was the free townswoman or a tradesman’s wife. This group of females was skilled in a specific trade and sold their products in the open market alongside their husband’s guild enterprise. The types of jobs that the skilled female laborer might possess were silk worker, midwife, barber, apothecary, book producer and decorations, and manufacturer of food and beverages. In addition, many women within this class distinction worked beside their husband in his guild business, selling whatever product the family association provided the public. More so, the middle class female would act for her husband in his absence, and if the man died the woman was able to continue the business. Although the tr adesman’s wife was capable ofShow MoreRelatedThe Rights of Women in the Middle Ages1154 Words   |  5 Pagesthe world are striving to bring equal rights to the genders. Gender equality is where men and women are represented equally. It doesnt mean that both genders are the same but rather the same value; thus both genders should be given equal treatment. In the fight for equal rights, many feminists have pointed to the Middle Ages as an example of where men are superior to women, and that women had virtually no rights. However, during the Middle Ages with the development of individualism, women had a considerateRead MoreFirst Annotated Bibliography:. The Role Maternal Interaction928 Words   |  4 Pages First Annotated Bibliography: The role maternal interaction plays in gender differentiation in developing children By: Malaysia Clark PSYC 205 Childhood Psychology BL1 Spring 2017 Tompkins Cortland Community College Fausto-Sterling, A., Crews, D., Sung, J., Garcà ­a-Coll, C., Seifer, R. (2015). â€Å"Multimodal sex-related differences in infant and in infant-directed maternal behaviors during months three through twelve of development†. Developmental Psychology, 51(10), 1351-1366. doi:10.1037/dev0000033Read MoreGender Segments And Sex Groups During Childhood And Early Adolescence1475 Words   |  6 PagesIntro: Gender cleavage refers to the tendency for children of the same gender to self-segregate into two same-sex groups, male and female. This phenomenon appears to be a primary factor influencing social and cognitive development during childhood and early adolescence. The peer-reviewed article discussed in this paper focuses on gender cleavage in addition to age-related variances and sex differences during middle childhood. Peer-Review Article: The main point of the article is to analyze cross-sectionalRead MoreGender Roles Have A Significant Impact On The Way We See Ourselves And Others941 Words   |  4 PagesWorkbook Assignment Two Gender roles have a significant impact on the way we see ourselves and others. These roles are learned through our behavior patterns, obligations and privileges that are considered appropriate for each sex. Personally, I view myself as being considerate, emotional, gentle, home oriented, and passive. My parents raised me to portray these feminine characteristics from the day I was born and to act a certain way in our society. Males on the other hand are perceived toRead MoreDifferences Between Female And Female Brains1632 Words   |  7 Pagespersonality traits change in early and middle adulthood by examining the Big Five personality trait dimensions (Goldberg, 1992; John Srivastava, 1999; McCrae Costa, 1999). It will be particularly interesting examining whether change on all of the Big Five dimensions stops or slows in middle adulthood, as predicted by the five-factor theory, or whether change is ongoing and differentiated, as predicted by contextualist theories. Subtle ob servable differences exist between male and female brainsRead MoreThe Pardoners Prologue And Tale By Chaucer Essay1425 Words   |  6 Pagespoor people for financial gain, which was relevant in society during the Middle Ages. In Chaucer’s story, the Pardoner uses his influence and tells a tale of three men to convince the people to pay for him to pardon their sins. Chaucer’s tale and story is often used to emphasize the moral values in our society. There are many points in the tale that are based on the theme of greed being the cause of all evil in humanity, and the Middle Ages was a period of great societal change in Europe. â€Å"The Pardoner’sRead MoreChildren Relational Aggression : Effect Of Children Aggressive On Peers Interaction And Gender Differences1579 Words   |  7 PagesAggressive on Peers Interaction†¨and the Gender Differences in the expression of aggression Nada El Masri Sacramento State University The Effect of Children Aggression on Peers Interaction And Gender Differences In the expression of aggression Relationships with peers have significant importance in the lives of very young children by allowing them to experiment with roles and relationships and develop social cognitiveRead MoreGender Roles Of Women And Women1677 Words   |  7 PagesGender is one of the greatest factors that can determine how we define ourselves and others. Although gender is determined at birth for many, it does not influence one s identity of self until a later age. How society views the roles of each gender influences how a person views themselves. As the views changes, so does one’s identity. In the past, the roles of men and women were defined and separated. Men were expected to provide income for the family, while women were expected to take care of theRead MoreErik Erikson s Development Theory1603 Words   |  7 Pagesgeneralized groups of people whose cultures, genders and environments did not apply to his theory. This paper will focus on Erikson’s last four stages of development, an d discuss how each stage may be impacted by these various factors. Identity vs. Role Confusion The adolescence stage of development in Erikson’s theory was labeled as identity vs. role confusion. Teenagers begin developing a sense of who they are in the world by testing different roles and forming them into a single identity (EriksonRead MoreThe Low Sense Of Self Esteem1548 Words   |  7 Pagesdecrease self esteem thus dictating a person’s behavior. Being a part of a community is nearly essential in the process of becoming an adult because during the teenage years people are constantly shaped into who they will be for the rest of their lives. Throughout my kid and teenage years, I have always been a part of a dance team mixed with people my age, and younger or older. Being a part of several teams has made me feel as though I belong to a group and has helped me to gain a better sense of confidence

Example Of Court Can Apply These Principles-Myassignmenthelp.Com

Question: Discuss About The Example Of Court Can Apply These Principles? Answer: Introducation In contract law or tort law, a party may include an exclusion clause in the contract document. This a term mainly seeks to limit or exclude that party's liabilities for the damages that may arise in case a breach of contract occurs (Poole, 2014). For example, a term may state that no party will that will claim for liability in case any of the contracting parties breached the contract. This paper will be looking at the application of these terms and how the court regulates their applications. Qantas Airlines Ltd Vs Airbus Corporation Ltd Qantas Airlines Ltd signs a contract with Airbus Corporation Ltd for Airbus to build a new aeroplane, but Airbus fails to meet all the terms but relies of a limitation clause stating that their liability is capped at $ 300 000. The main issue here is a challenge an exclusion clause specifying the amount payable when the breach of contract occurs. In particular, its a question whether such clause will apply even where the breach goes to the root of the contract. Coming back to the question, can the exclusion clause then meet its purpose of shielding the party from the claims? Well, many legal minds have had different opinions on this matter including the ruling of (Photo Production Ltd v Securicor Transport Ltd, 1980) which allowed the application of the clause but set some conditions. In summary McKendrick (2012) states that the application relies on the seriousness of the breach. So if the violation gave rise to more serious consequences, the court would likely dismiss the clause. Despite that ruling, many courts in the twentieth and twentieth-first centuries acquire their rationale from (The Unfair Contract Terms Act [UCTA], 1977) and act that work for the protection of consumers rights. The UCTA 1977 terms apply only to those liabilities occurring in the course of business as well as those occurring towards other businesses (Zulhafiz, 2015). It also governs specific cases of unfair terms such as penalty clauses that charge beyond the lim it. In general, the court usually applies the UCTA in the principles of reasonableness test. The reasonable test usually puts the burden of demonstrating the rationale of the exemption clause on the person seeking to use it (Zulhafiz, 2015). For a clause to be reasonable, it must demonstrate that its terms are fair and reasonable (Zulhafiz, 2015). By this, the act requires the terms to take into account that the innocent party was aware of all the circumstances. Secondly, by being reasonable, both parties should have known and contemplated for the existence of the clause when they were making the contract (Zulhafiz, 2015). Third, the court will also take into account other factors like insurance or the option of the other party to seeking advice. For example, the clause failed in (Smith v Bush, 1989) where the defendant relied on a clause exempting him to take liabilities of his negligence. In addition to UCTA principles, there are also principles of common law on the validity of the exclusion clause. For example, the first rule requires the incorporation of an exclusion clause in the contract (Trakic, 2015). The second rule requires the proof that the breaching party gave a reasonable notice of the exclusive clause to the innocent party. Thirdly, the court may also allow the application of the exclusion clause through the evidence of the previous dealings (Trakic, 2015). Another principle that guides the application of exclusion clause in common law is the customs of the trade. Lastly, the exclusion clause must cover the claimed loss. There are various cases which have marked the application of these rules. For instance, in (George Mitchell v Finney Lock Seeds, 1983), The defendants were sellers of seeds, and the claimants were farmers. The claimant contracted with the defendant to supply them with 30 lbs cabbage seeds worth 201. The seeds were defective, and they caused the claimant a loss of over 60,000. The defendants were then relying on the limitation clause that limited their liability for replacing the seeds. The court overturned the clause terming it as unreasonable. The court stated that the losses resulted from the breach of contract so the defendant could not rely on the clause. Another application similar to this case in this paper is the ruling of (St Albans City and District Council v International Computers Ltd, 1996). The claimant entered into a contract with the defendant firm who was a supplier of computer software. The contract needed the defendant to administer their software collection for the claimant. However, the defendant software comprised of an error that caused the claimant a loss of 1.3 million. When the claim went to the court, the defendant raised a defense in reliance on a limitation clause that limited the liabilities to 100,000. The court termed the limitation clause as unreasonable. The court stated that the limited sum was very low considering that defendant could get a backup indemnity from his insurance of 50 million. Considering these facts and rules, it is true that Airbus will rely on their limitation clause which capped the liability at $ 300 000. However, as we have seen, this limitation will not succeed by the unreasonable test. First of all, the damages are too low considering that there is evidence that Qantas makes an average of $ 800 000 profit per day while using such an aircraft. Following the above analysis, the limitation clause will fail. Gemma works for Frank as a salesperson. Gemma lies to Frank to lower the price so that his Niece can buy it. Frank loses a profit from a potential customer who would have bought it at the actual price. The main issue in this question is about fraudulent misrepresentation on an employee who was supposed to act in good faith. In a sole trader business, the owner does not have many regulations, disclosures, requirements for public accountability or government rules that govern the conduct of companies. However, (Stone, 2014) states that the general government obligations for a business exist such as respecting the employment laws. Similarly, their employees have to comply with the general requirement of employees such as the duty to act in good faith. In the cases of where one person into a contract induces the other into the contract through a fraudulent misrepresentation, the other party has the right to seek a remedy of rescission, claim for damages or both. Also, the ruling of (Standard Chartered Bank v Pakistan Shipping Corp, 2002) set it clear that an individual who makes a fraudulent misrepresentation or who acts deceitfully will be personally liable in tort notwithstanding the fact that he is acting as an agent, officer, or entity. A simple definition of fraud in a commercial setting is a statement of opinion where the speaker knows it is false. The false statement can be for a past, present or future event. In proving that there is a fraudulent misrepresentation, the following elements must be available. For one there must be a false statement aimed at deceiving the other party (Klass, 2010). The guilty party must have had the knowledge of the falsity of that statements (Clarkson, Miller, Cross Clarkson, 2015). The Statements intended to lure the victim into surrendering something that would be of value to the innocent party. Lastly, the innocent party got injured. If the named elements exist, then there would be evidence of a fraudulent misrepresentation and the innocent party may seek the following remedies. For one, the claimant may seek to rescind the contract (Riches, Allen Keenan, 2009). This one is an equitable remedy where the court orders the parties to set aside the contract and go back to the position they were before the contract. Second is a claim for the damages or losses (Riches, Allen Keenan, 2009). Here the innocent party receives a financial award to compensate for the incurred losses. Notably, the compensation means to return the injured party to the position it would have been had the fraud not happened. The innocent party also gets the compensation for all losses flowing from the fraud. An application of this rule is found in the case for (Smith New Court Securities Ltd v Scrimgeour VickersLtd, 1996). The defendant's broker induced the claimant to purchase shares at 82p per square when in the market value was 72p per square. A massive fraud also happened with the company where the claimant bought shares lowering the rates further. The claimant subsequently traded the shares for prices for prices that ranged between 30p per square to 49p. The claimant then made a loss of 11.3M. The court allowed the claimant to recover the entire loss flowing from the fraud. Frank would be entitled to recover the extra profit that he would have got had the fraud not happened. He would also have the right to suspend Gemma for now working in good faith. Question 2 (b) Frank V Bob Frank suspends Bob, but Bob enters into a Contract with Angela and defrauds her before he leaves from the business. The main issue here is a question of the authority or the power of an agent to bind his principal with the third party and shift the liabilities to the principal. An employer (principal) can take the liabilities of an agent whom he has terminated his contract. This is due to the power of apparent authority. If the principal fails to notify the third party of the termination of the agency relationship, the court considers it reasonable for a third party to believe that the agent had power as he previously did (Mann, Roberts Smith, 2012). Following this, the principal will have to become responsible for the agents misconduct. The only exception is in the cases of a death of the principal or his incompetence (Beatty, Samuelson Bredeson, 2013). Such cases will withdraw the need for a notification. The reason is that once the principal dies, the agents authority retires back to the principal estate. One application of this rule was in (Racing UK Ltd v Doncaster Racecourse Ltd and Doncaster Metropolitan Borough Council, 2005). Doncaster Racecourse Ltd (DR Ltd) managed Doncaster Racecourse on behalf of Doncaster Council (DC). Without informing DC, DR Ltd entered into a contract with Racing UK Ltd. DC was by then negotiating a different deal only to learn that the contract had been made with Racing UK Ltd. The council sought to deny the contract alleging that DR Ltd executive, Mr. Sanderson had no rights. However, in the past, all Mr. Sanderson had been handling negotiations. Therefore, Racing UK Ltd trusted that DR Ltd was acting in its agency authority on behalf of the DC. The court refused to repudiate the contract. It said that the contract was binding between DC(principal) and UK Racing Ltd (third party) since the previous dealings showed that Mr. Sanderson had the authority. Conclusion There is nothing Frank can do except to either rescind the contract with Angela and pay for anticipatory breach of repudiation. Else, he can execute the contract and give Angela the machines. The contract between Bob and Angela was as binding as if Angela made it with Frank. If Frank wanted to avoid the contract, he would have notified all customers including Angela that Bob is no longer his employee and he has terminated his agency relationship. To sum it up, the paper aimed to discuss the power of the exclusion clause. Before the enactment of UCTA IN 1977, many parties enjoyed the shield of the exclusion clause though different courts tried as much as possible to work against it where it seemed to deny justice to one party. The other issue that this paper discussed was the issue of fraudulent misrepresentation in commercial contexts. In the cases of fraud, the innocent party has the right to either rescind the contract, claim for losses or both. Where an innocent party claim for the losses, they include even those that flowed from the fraud. Lastly, the paper discussed the issue of agency. Here the paper concluded that the only way a principal can escape the liabilities is by notify the third parties whenever the principal terminates the contract of an agent. References Poole, J. (2014). Casebook on contract law (12th ed.). Oxford: Oxford University Press. McKendrick, E. (2012). Contract law (5th ed.). Oxford: Oxford University Press. Stone, R. (2014). Text, Cases and Materials on Contract Law (2nd ed.). Abingdon, Oxon [UK]: Routledge. Clarkson, K., Miller, R., Cross, F., Clarkson, K. (2015). Business law. Text and Cases (13th ed.). Cengage Learning. Klass, G. (2010). Contract law in the USA (2nd ed.). Alphen aan den Rijn: Kluwer Law International. Riches, S., Allen, V., Keenan, D. (2009). Keenan and Riches' business law (9th ed.). Harlow, England: Pearson/Longman. Mann, R., Roberts, B., Smith, L. (2012). Smith Roberson's business law (15th ed.). Mason, OH: South-Western Cengage Learning. Zulhafiz, W. (2015). Unfair Contract Terms Act 1977: does it provide a good model in regulating risk allocation provisions in oilfield contracts in Malaysia?. International Journal Of Trade And Global Markets, 8(1), 3. https://dx.doi.org/10.1504/ijtgm.2015.067969 Trakic, A. (2015). Statutory protection of Malaysian consumers against unfair contract terms. Common Law World Review, 44(3), 203-221. https://dx.doi.org/10.1177/1473779515600142 Cases Photo Production Ltd v Securicor Transport Ltd [1980] AC 827 The Unfair Contract Terms Act [UCTA], (1977) Smith v Eric Bush [1990] 1 AC 831 George Mitchell v Finney Lock Seeds [1983] QB 28 St Albans City and DC v International Computers Ltd [1996] EWCA Civ 1296 Standard Chartered Bank v Pakistan Shipping Corp [2002] UKHL 43 Smith New Court Securities v Scrimgeour Vickers [1996] 4 All ER 769 Smith New Court Ltd v Scrimgeour Vickers Ltd [1996] UKHL 3 Smith v Eric Bush [1990] 1 AC 831 Racing UK Ltd v Doncaster Racecourse Ltd and Doncaster Metropolitan District Council [2005] EWCA Civ 999