Survey Methodology and Sampling Frame

Survey Methodology and Sampling Frame

Introduction

In the present years, the Food Discount Retailing in Greater London has risen to record levels. This has followed a time of gradual rise in the number of stores and also greater favorable trading conditions for the discounters which ultimately resulted in the global financial problem and recession during the late of the 20th century.  The deep discounters have got attractive growth prospects though the market share has dropped slightly in these few months in the store networks of Greater London. The main aim of this paper is to see that where the discount retailers could expand in the future, basically by WM Morrison.

Task 1

P1.1 collection of primary and secondary data

Data are considered to be the basic input in any decision making process in business. The collection of primary and secondary data is very essential in order to undertake proper business decision.

The data which is collected for the first time in order to conduct the research is called primary. The primary data helps a researcher to conduct the research by analysing the current data collected from the research.  The primary data collected in the research will help to address the targeted problems. The primary data is useful for current as well as future studies. The primary data collected can be examined and interpreted by the marketing based on their needs. The primary data is considered to be a very essential tool as they are accurate for analysis. However, the collection of primary data requires great effort of the researcher and is quite time consuming. The primary data collection is also expensive

In the course of market research, the plan for collection of primary of consumer behaviour will involve survey questionnaire which is helpful in deriving knowledge on a matter or a process. We will get a number of solutions from the questions placed on the survey conducted, in a survey questionnaire. The questions will be asked to the people targeted and their responses will be counted for the purpose of reaching a decision and thereby after researching it will help the management of WM Morrison to set the plans and ideas thereby.

Different customer bases have been profiled in Yorkshire and London and the growth of the discounters has also been plotted in Greater London. This will help to throw questions on the target users and non-users regarding their primary food destination.

Secondary data can be defined as the data which has been gathered previously for some another purpose. Thus, secondary data is the data which is being reused. The collection of secondary data required less effort of the researcher. The collection of secondary data is time saving and is not expensive. The secondary data can be gathered from internet, books, magazines, journals.

In the current scenario, the management of Morrison’s can gather the secondary data from journals, internet and web about the different ways to provide food discount retailing that will be able to satisfy their customers.

P1.2 survey methodology and sampling frame used for a survey

In relation with the plan selected to undertake the Food Discount Retailing in Greater London, the management can decide to initiate a survey that will accumulate the opinions of the potential users or non-users of Discount Food Retailers. The survey will be initiated rigorously to accumulate and produce the unbiased views of the target people which in turn will help in getting an idea that whether undertaking the Food Discount Retailing in Greater London will be a helpful step to meet the price wars and also the edge of competition (Groves, 2004).

The management have decided to conduct the survey on nearly 200 people including users and non-users of Discount food retailers, and ask them the below selected questions face to face and their views will be accumulated as responses for the research and that will be used for future analysis by the company. A presentable questionnaire has been framed for carrying out the survey. A questionnaire has been prepared to pick the response of 100 randomly selected people. The survey questionnaire will be set in such a way that the people can easily answer them and the questions are not confusing to them.

Sample frame is said to be the selected quantity of the population upon whom the survey will be taken. The sample frame selected for the purpose of conducting the survey is 100 users and non-users (Mäkelä and Huhtanen, 2010).

P1.3 Questionnaire for a survey

A questionnaire is regarded as a set of questions that are mainly used for the purpose of conducting a survey. Designing a questionnaire requires a definite purpose. The questions that are included in a questionnaire are asked to a selected sample population in order to get their opinion, which are very vital for the market (Survey Questionnaire, 1981). The framing of a questionnaire include three important steps, which are mentioned below:

• Simple and easy to understand
• Direct
• Relevant to the issues.

Everything has its advantage as well as disadvantage. In this case, preparing a questionnaire also includes both the advantages and disadvantages. The advantage of using a questionnaire for conducting a survey is that one can ask various questions to the public over a single topic. On the other hand the disadvantage of using questionnaire is that it is a time consuming activity (Brace, 2008).

In this case, the management of WM Morrison is undertaking a survey with the use of questionnaire. It will contain various questions that will be asked to the selected population and mainly the purpose of the questionnaire is to gather the opinion of the sample population regarding their attitude and behavior of food discount retailing.

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Teacher premium should be limited to 2%, says the government

Teacher premium should be limited to 2%, says the government

State Minister of Education Diminish Hits has indicated that teachers in England will need to add up to 2% next year.

Extremely Disappointing '

The National Association of Teacher Secretary General Paul Whiteman said a 5% wage increase was "vital if we had to enter the UK's ongoing recruitment and teacher training pipeline." "After years of shrinking public sector salaries, it is embarrassing for the government to impose another, this time by 2%," he said. Last week, the Department of Education introduced wage increases in three groups, 3.5 per cent for classroom teachers and 2.5 per cent or 1.5 per cent for senior leaders, which, Whiteman added, "gave a real wage reduction for all, but one-third of teachers, including the most experienced staff and leaders. " The Association of Secretary General of School and College Leaders Geoff Barton said it was extremely disappointing that the government had said a 2% increase was affordable by school budgets when it was not absolutely incidental. "Student fundraising has fallen by 8% in real terms over the last eight years, including cuts of more than 20% in financing six schools," he said. And this has led schools to absorb a number of cost pressures without any other funding, leading to budgets and deficit cuts. "To say that schools can now afford another infinite cost pressure not only adds insult to injury, but sets standards in education," he added. Barton.

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1.    Introduction

Modern Pharmaceutical industry is known as one of the big revenue generation and profitable  businesses in the world with an expected  annual growth of 7.5% between 2014 to 2019.In 2014 pharmaceutical income of the world has reached up to one trillion U.S dollars for the first time of the history. Majority of this income has mainly generated from ten  leading pharmaceutical companies located in North America, South America and Europe. (Global Pharmaceutical Industry – Statistics & Facts).They represent about 85% of the market share while United States remains as the leading market over 45% of the market share and GDP of 3%.(WHO 2015)
Asia Pacific region is becoming a major player in the market having China as largest GDP contributor. While Japan and Australia competing with China as second and third largest, Malaysia is struggling to increase the market share because of large young population of about 32.2% out of 63.4% of age group between 15 and 64.Accordinly there is less need for medication compared to countries with large aged population such as Australia and Japan.

There are four different pharmaceuticals product lines in Malaysia: prescription medicines, over the counter products(OTC), traditional medicines and food/health supplements .Home Pharmaceutical (HP) is concentrate about three strategic business units (SBUs) namely over the counter products, hearing devices and health food supplements unit.OTC products line continue to grow because it generates a lot of savings for the health care systems in many countries specially in developing countries. Research has found out that in 2015,OTC line of  business has generated about US$ seventy billion worldwide .(PharmExec.com)

There are some opportunities available in the Malaysian market with an expected growth of 13% p.a. Accordingly  HP should be able to take advantages of the situation being 6 major local companies in the industry. However it will not be easy for HP to stay competitive and enter in to export markets  because of the establishment of multinational pharmaceutical firms in the country. This has become one of the main reasons for capitalization need of US$70 million in 2016 alone in order to remain competitive.

2.    Industry Analysis-PESTEL Analysis

 PESTEL analysis helps to understand market growth or decline, and as such the position, potential and direction for a business (Miller; Vendome;McBrewster,2011) application of this analysis is as follows,

Political 1.      Government polices to encourage foreign investments. 2.      Low government expenditure on health care sector compared to developed countries	Economical 1.      Health care sector as one of ten Key National Economic Areas (NKEAs) 2.      Medical tourism has become another key factor	Technological 1.       Online opportunities and marketing 2.       Tax incentives for innovation
Legal 1.      Off-Take agreement scheme under EPP 3 2.      amendments to the  ASEAN China frame work agreement 3.      European Free Trade agreement	Social 1.      Growing elderly population 2.      Suitable environment to do business 3.      Eco system to grow clinical research	Environmental 1.      Corporate social responsibility 2.      Health conscious population

PESTEL Narratives

Political

Political environment of Malaysia likely to have favorable situation for the foreign investments by encouraging  the access of foreign product in local market. Malaysian Ministry of Health  has introduced  entry point projects, and international harmonization of the regulation under Drug Control Authority to promote multinational pharmaceutical companies by setting up licensing arrangements with local incorporated companies. Also government have recently introduced a procedure to inspect foreign manufacturing facilities compared with  regular inspection of local firms. Local doctors chemist chains and hospitals are starting to favor medicines coming from global multinational international firms. Accordingly it doesn’t seems that government is taking initiatives to impose barriers for the entry of imported generic drugs to local market. These factors will  certainly bring competition to HP.

On the other hand government does not  budget same level of expenditure on public health compared to developed countries in the Asia Pacific region such as Australia. In Malaysia 55% of health care facilities is funded by government and 45% have fund by the patient.60% to 70% of patients go to public hospitals. If the drug is not listed in the hospital patient does not get access the innovative drugs. (PharmExec.com)

Legal

Malaysian government has entered in to  several agreements with other countries in order to support and enhance trading activities of the country. Introduction of Off-Take agreement scheme under EPP 3 has created a lot opportunities to local pharmaceutical companies to export their products. (PharmExec.com)

Also amendments to the  ASEAN China frame work agreement has enhanced economic corporation and  free trade activities between Malaysia and China .This facilitates exports and imports of pharmaceutical products from and  in to China without any duty. Similarly new European Free Trade agreement should reduce or remove the barriers of exports and imports of pharmaceutical products between countries. Accordingly this will lead HP to look at exporting opportunities seriously.

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Economical

Pharmaceutical market in Malaysia is registering a  compound annual growth of 9.5% according to research and consulting firm global data (Cphl south East Asia).Malaysian government has identified health care sector as one of ten Key National Economic Areas (NKEAs) with the aim that health care sector would assist move forward Malaysia in to high income nation by 2020 (AIM2016).Medical tourism has become another key factor in Malaysian pharmaceutical and health care sector by increasing revenue  in the sector by 51%.Accordinly by 2020 healthcare NKEA intend to generate US$ 10.15 billion Gross National Income and create 180,000 new employments. (PharmExec.com)

Social

Malaysia healthcare market  has a huge potential for growth because of increasing elderly population in the country. Country is aiming an increase of aged population 65 and above at a rate of 7% in 2020.(Department of Statics 2013).Also according to world bank ranking country has ranked as 23th best country in the world to do business. Also Malaysia has ranked third largest recipient of foreign direct investment in the ASEAN nations. Malaysia government is considering an Entry Point Project (EPP 2) to support eco system by introducing 1000 clinical trials per year .

Environmental

Growing environment agenda in Malaysian business has become a key factor. There is also requirement for companies to comply with corporate social responsibility. Accordingly Pharmaceutical companies should work together with professional bodies and regulatory authorities to comply with those procedures in developing and marketing a new product  to the market. Also people in Malaysia have started to become health conscious and this has contributed to increase the demand for  OTC and food/health supplements which is a good sign of growth in HP’s business in future.

 Technological

Online opportunities are available for people in Malaysia for channeling doctors, ordering OTCand food supplements ,healthcare programmers to name a few. Also government is encouraging companies for bio technology, technology acquisition and new drug discoveries by introducing investment tax allowance incentives which HP can work with government to get benefit out of it easily because of their established name for research and  new product development .

3.    Industry Analysis-Porter’s Five Forces

Bargaining power of suppliers High ·         High switching cost ·         High production cost of medicines and medical equipment ·         Ability to integrate forward

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Competitive rivalry High ·         There are about 234 players in the market ·         Expansion in the industry ·         Government incentives flexible investment and exchange policies.

Threat of substitution High ·         Increase cost of medicine of MNEs ·         Cheap medicines imported from China and Europe ·         Physical herbal treatments

Threats of new entrants Low ·         Low entry barriers ·         Government incentives ·         Constant growth

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Bargaining power of customers Low to medium ·         High prices of branded medicines ·         Easy to switch to substitutes Porter’s Five Forces Narratives

According to Michael E Porter ,five forces analysis is a framework for analysis of industry structure and competitiveness of the companies. He identifies four other competitive forces apart from industry rival to analyse the competiveness which will support to achieve medium and long run profitability of a company .Accordingly five forces are; rivalry among existing competitors, bargaining power of  customers, bargaining power of  suppliers ,the treat of substitute, threat of new entrants.

The pharmaceutical industry in Malaysia is highly competitive because of  existence of many local and overseas pharmaceutical companies .There about 234 companies registered under Drug Control Authority in Malaysia as traditional and modern medicine firms. The lack of entry barriers  such as government incentives and tax savings ,liberal investment and exchange control policies quality of life, developed infrastructure, exemption from duty on raw materials, skilled workforce, vibrant business environment are inviting factors of foreign investors and low entry barriers in the industry (MIDA 2013)

This has caused  to import or manufacture cheap medicine in the country and increase in  the rivalry between companies. Further pharmaceutical industry has recorded a constant growth over the years and there is a high potential for industry expansion.

The threat of substitutes appear to be high because of increasing cost of medicine produced by multinational companies. This has led to higher demand of locally produced generic medicines which do not have high cost connected with  research and development and superior marketing such as packaging. Also amendments to the ASEAN China framework agreement and new European Free Trade Agreement has lead to import cheap medicine in to the country to replace some generic and OTC medicines. Also Malaysia is well-known for message and spa treatments. Spending money on physical herbal treatments will act as a substitute for food/health medicine produced in the country.

 Bargaining power of suppliers appears to be high because of high production  cost of medicine and high switching cost due to cost of technology and long term investment . Generally MNC are powerful and they have become the main suppliers of medical equipments and technology of producing medicines and medical equipment because they are the only one able to incorporate high cost of production in to their economic of scales.(Linda Ge, 2011)

On the other hand bargaining power of customers appear to be low for generic products due to high prices of branded medicine. However with the increase of substitute displaying in the market doctors ,chemist chains and hospital are starting to  favour global generic and  getting more powerful in bargaining. 

.    Industry Analysis -Key Success Factors (KSFs) 

Key Success Factor	Current achievements’	Future achievements
Growth in population and health care sector	·         1.2billion worth of Pharmaceutical market ·         585million worth of medical device market ·         Healthcare expense represent 4.75% in GDP	·         3.7billion worth of Pharmaceutical market by 2020 ·         Medical device market will constitute 25% of health care market by 2020 ·         Healthcare expense represent 10% in GDP by 2020 ·
Medical tourism	·         The sector has represented USD 200milion in 2016 ·         Healthcare tourism market has increased by 63% in terms of patients in 2016	·         The sector will represent USD 530milion in 2016 ·         Healthcare tourism market expect to increase by 80% in terms of patients by 2020
Government Coverage for health care	·         Government covers about 55% of public medical expenditure	·         Government is planning to implement universal healthcare coverage by 2020.
Skilled work force	·         Skilled workforce with low wage structure	·         Become a high income country by 2020.
Government Incentives	·         Tax incentives, ·         Duty exemptions on raw materials, ·         Liberal exchange and investment policies	·         Malaysia to become Pharmaceutical hub in Southeast Asia region by 2020.

Key Success Factors Narrative

 High birth rate,  low mortality rate  and increased life expectancy has caused growth in population and health care revenue in Malaysia. In 2015 recorded population in Malaysia was about 31million with a constant growth over last 5 years, which is expected to continue in future. Pharmaceutical market of Malaysia was estimated at 1.2billion in 2008 however this is projected to increase up to 3.7billion by 2020.Also medical device market was estimated at $585million in 2010 however this has estimated to constitute 25% of healthcare expenditure by 2020 while health care expenses represent 10% of GDP compared to 4.75% in 2014.(AIM 2016).Accordingly this growth will certainly create an opportunity for HP for innovation of new drugs and exportation.

Another key success factor in the industry is medical tourism. In 2016,healthcare tourism market has increased by 51% and 63% in terms of revenue and foreign patients

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respectively.(MHTC

Press release 2016).This growth has mainly supported by government policies towards  medical tourism and tax exemptions for hospitals. The sector has represented USD 200milion in 2016 and it is expected to increase up to USD 530miilion by 2020.Developed infrastructure, skilled medical practitioners and low cost structure on medical treatments have contributed to attract more overseas patients in the country. Growth in medical tourism creates an opportunity  for marketing HPs medicine and medical equipments to the market and build up export market among tourist patients.

The third key success factor in the industry is government coverage for health care .Currently Malaysian government cover about 55% of medical cost on public healthcare leaving 45% for the patient. However most of the OECD countries except Mexico and the USA have universal health care coverage where government take care of all the medical expenditure of nation. Universal cover assist nation to be healthy and happy .It improves public health that will indirectly support many development factors in the country. It also helps corporate to stay stable .Malaysian governmentexpect to implement universal health coverage by 2020 which is under negotiation in parliament. (AIM 2016).Accordingly with the expertise and experience of sales team of HP ,company will be able to approach public and private hospital to distribute their medicine and medical equipment on regular basis.

Another key success factor of the pharmaceutical industry is availability of skilled workforce in the country. Malaysia fortunate to have English speaking highly educated competent workforce .Most of the medical clinics are operated by highly knowledgeable medical assistants rather than doctors. However due to low wage structure of the country Malaysia is losing a lot of skilled workers to highly paid countries like Australia, New Zealand, USA and Singapore. Government is now planning to adjust the wage level of the country to retain skilled workers. If HP is not satisfied with existing sales team this creates an opportunity for them to approach people from health sector with extensive experience and contact in the industry to join them to increase the sale.

lastly government incentives such as tax holidays ,liberal investment exchange policies for pharmaceutical industry is inviting many local and multinational companies to invest in the industry. Also Malaysia is located in the heart of Southeast Asia with a regional market over 636million people. Accordingly Malaysia is targeting to become pharmaceutical hub in the region by 2020.This situation creates a vast opportunity for HP to enter in to export market in the region.

.    Value of the rational models in contemporary Strategic Planning

 6.    References

AIM 2016,Malaysia Healthcare ,regulatory and reimbursement landscape report 99assignmenthelp.com.businesswire.com/news/home/20170118006154/en/Malaysia-Healthcare-Regulatory-Reimbursement-Landscape-Report-2016-2020

Frederic P Miller, Agnes F Vandome, John McBrewster,2011,Pest Analysis,

Cphl south East Asia- freeassignmenthelp.com/sea/visit/news-and-updates/malaysian-pharmaceutical-market-forecast-see-impressive-growth

Global Pharmaceutical Industry – Statistics & Facts-https://www.statista.com/topics/1764/global-pharmaceutical-industry/

World Health Organization Statics 2013-99assignmenthelp.com.who.int/gho/publications/world_health

PharmExe.com-99assignmenthelp.com.pharmexec.com/country-report-malaysia

Linda Ge 2011 Porters Five Forces-99assignmenthelp.com.docstoc.com/docs/26731619/Porters-Five-Forces-%E2%80%93-Healthcare-Industry-Industry-Overview-The

MIDA 2013,Guide on Pharmaceutical industry in Malaysia freeassignmenthelp.commida.gov.my/home/administrator/system_files/modules/photo/uploads/20140214143120_Pharmacuetical_2013.pdf

Malaysia Healthcare, Regulatory and Reimbursement: New market research published in 2014. freeassignmenthelp.com/app/document/2533510;jsessionid=blBsXP3ljf0g1EM1cZh3OFeT.undefine

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Business Continuity Plan Assignment Help

   San Grafix is a well-established firm that is at present located within San Francisco, which precisely deals with video, as well as, PC game design.  The firm is highly focused within the present advancement in technology, and in that regard, it has in the recent days developed an advanced new brand of new video, as well as, PC game. Putting into consideration that the video industry is getting highlycompetitive, San Grafix has opted to venture into new markets where competition is not that high (Hiles, 2011). One of the indentified such markets is Sunnyvale, CA. As a result of the expansion of our offices to the new region, there has been the need to come up with a comprehensive business continuity plan which features a disaster recovery strategy, which can be put into use in the event that the firm’s IT network security is at risk. It should be noted that in the event the IT network is attacked, its operations will be brought to a standstill.  Possible threats are such as malware attacks, Trojans and the like (Hiles, 2011).

Policy Statement

The firm’s intention and desire is to:

• Operate for a minimum of one month within the reserve facility.
• To minimize interruption of services within the new facility.
• To maximize production and deliver quality products to targeted customers.

Putting into consideration that the firm particularly deals in the design of video together with PC games, the various mainframes that are hosted within and outside San Grafix will be keenly watched.  In that regard, the key intents will therefore be (Kildee, 2011):

• Mitigate the loss of data
• Maintain suitable commercial functions.
• Formulate an effective data recovery plan.
• Abate any loss of business profits.

For purposes of ensuring the attainment of the aforementioned goals, the SIRT (Security Incident Response Team) will be established and will be made up of the personnel mentioned hereinafter. All the mentioned personnel should be aware of the fact that San Grafix is committed to offering quality services to the customers in order to succeed in maintaining a good public image (Fulmer, 2010). In that perspective, they should diligently carry out their various duties bearing in mind that good reputation is paramount for the success of any business entity.

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Personnel	Role
The information Safety Team	This team will be made of well qualified IT professionals who will be responsible of handling the firm’s data and ensuring that it will be secure from all possible attacks.  The team will also be in charge of the establishment of new network within the locations that the firm intends to expand into
IT auditor	The IT auditor will be focused on testing the IT networks as implemented by the IT team and reviewing their capability to deliver as per the firm’s expectations. Besides, it will be upon the IT auditor to offer the necessary guidance to the IT team for the purposes of ensuring that they do not overlook some critical issues.
Human Resource Manager	It will be the duty of the human resource manager to ensure that all the employee needs are met and that the employees are performing their duties as needed. They will work hand in hand with the senior management to ensure that the employees are well compensated and the productivity of the employees is in line with the firm’s expectations

Conclusion

With reference to the above strategies and optimism as presented by the Grafix company, it is clear that the way up the ladder for the company is assured. With view to the objectives laid down by the company and the anticipation it has in delivering to their clients, the above mentioned achievement ways and the personnel outlined will take the company where it wishes to be. With the roles outlined for each of the personnel presented, there will be credible avoidance of mistakes and challenges that arise due to aspects of lack of coordination and precaution adherence. Therefore with regard to the outline given as pertains the company’s wish and operation motive presented, the plan stands out to take the company far much in success (Goh, 2008).

References

Goh, M. H. (2008). Managing your business continuity planning project. Singapore: GMH Pte Ltd.

Fulmer, K. L., & Rothstein, P. J. (2010). Business continuity planning: A step-by-step guide with planning forms on CD-ROM. Brookfield, Conn: Rothstein Associates.

Kildow, B. A. (2011). A supply chain management guide to business continuity. New York: American Management Association.

Hiles, A. (2011). The definitive handbook of business continuity management. Hoboken, N.J: Wiley.

Corzine, S., National Research Council (U.S.)., Airport Cooperative Research Program,, & United States. (2013). Operational and business continuity planning for prolonged airport disruptions.

Create Contract Assignment Help

Question 1

In the present case, it is identified that tenders for the supply of the green would be accepted by the University. The tender is expected to close on 1st June and the tenders are an invitation in which the party can create contract with anyone offering the best price. The tender advertisement is not an offer to the parties but an invitation. The parties interested in the contract have the opportunity of approaching the company by presenting relevant quotations. The present case scenario states that they had hand delivered the Green land tender through the tender box. The university received the tender letter on 17th May through Enviro though it had been posted on 15th May. On 30th Many, the Plan Forever tender was posted and the University received it on 2nd June. The tenders were then put into the tender box. These tender letters that the respective companies had provided was regarded as offers.

After the companies had made the offers, the University could accept them. The case states that tenders that Enviro offered was not present during the time of decision-making; hence, this absence of documents would hinder the acceptance of the tender. As the quality of the services and productsmentioned in the tender, whom Greenland had provided, gave a reflection of a lack of certainty, the University did not accept the tender. This gave a picture about the tenders stating that those which the company had provided are offers and do not suggest their acceptance by the University. The offers are declared to be given as a presentation within the specified time of 1st June. However, it has been observed that the Plant Forever had made the offer after the deadline, hence, it cannot be used for invalidation of the invitation terms to offer. However, the University accepted the same due to best available alternative for them (Khoury and Yamouni, 2009).

One thing that must be considered here is that after the post makes an order, this order will remain valid only till it is delivered to the concerned party and not till the date of its posting. This consideration suggests the offer, which Plan Forver had made cannot be regarded as a valid offer. In case of acceptance of the offer by the University, it can be said the offer will not remain valid because lapse of time has expired the validity of the offer. It must also be noted that any kinds of contract is not created through the acceptance. This suggests that Plant Forever cannot be held responsible for making supplies to the University as per promised terms of the offer because no contract has been created. Hence, the University can say that it has not accepted any offer for creating contract. However, the University can make offers officially to any one of those three companies for the same reason for accepting it in order to establish an enforceability of the offer (Monahan and Carr-Gregg, 2007).

.Question 2

The case states that the shoe company, the Footloose Pty Ltd had published a notice declaring that the organisation will offer a percentage of discount on bulk order made in the purchase of latest Italian Shoes. The advertisement contained the contact number and other details of the Sale Manager and was published on 1st October. On 2nd October, the Famous Footwear had sent a fax to the shoe company sending them an order for buying 500 pairs of shoes for $2000 for a hundred pairs. It was mentioned by the company that they would later provide the details of delivery location. This suggests that the fax which the Famous Footwear had made would be regarded as the offer for purchasing the advertised shoes. The posted advertisement is regarded only as an invitation for the offer. In this context, Footloose Pty Ltd can only ask the interested buyer, here the Famous Footwear for making the suited offer in order to start the respective negotiations. Here, the statement giving notification of the possibility of creating contract with the best offeror is regarded as the advertisement.

A large variety of regional stores was included in the Jame’s Shoes. The store had sent a fax on 4th October, which states that they are looking to buy 2000 pairs of sandals bit the total billing cost must not exceed $30,000 dollars even after including the delivery charge and the GST. This fax of the Jame’s Shoes was regarded as an offer since it is a response to the invitation to offer. The offer contained the details in terms of number of sandals to me bought along with the price that was to be charged for the purchase. This offer also has the features of being regarded as primary offer allowing negotiations and counter offer because the phrase ‘please advise’ is present at the end of the offer (Paterson, 2011).

On 6th October, James of the company James’s Shoes had received a fax from Ms Simone, which stated that James will be able to purchase the desired number of shoes from Footloose, however, it will cost $30,000 without the delivery cost. On 10th October, James received the fax and Simone called up James to state the counter offer and forward the copy of the offer from 8th October. In response, James stated that the company is ready to receive the shoes as per the decided terms from the Footloose warehouse. It is to me noted here that this communication between the two parties had occurred only through fax.

It can be said that the Footloose have proposed the invitation to offer and Jame’s Shoes responded to it on 6th October giving it the status of an offer. Footloose had negotiated this offer which James had made through making a counter offer presented to James. This counter offer had also occurred through fax. However, just to ascertain the acceptance of the offer by James, Footloose had again sent a letter after having a telephonic conversation with James. James notified that the accept the Footloose offer and is also agreed to receive delivery as per the letter specifications.

The case of Carlill v Carbolic Smoke Ball provides a clear picture of the distinction between a counter offer and an offer. It states that an advertisement was provided the company for selling smoke ball that promise of curing influenza. The offer also said that in case of failure in curing, the affected can sue them for damages that have been deposited in the bank under the specified account name. This is not regarded as an invitation to offer but an offer itself. This is because it had clearly discussed the effects of both negative and positive performance; it has also shown the intent of being bound within the contract with the product buyer. This offer was similar to a unilateral contract since the party accepting the offer had to perform the required action for enforcing the contract. Mrs.Carlill faced no positive outcome after suing the smoke ball and consequently claimed for the damage. However, company did not accept the claim because the company was not informed about Mrs. Carlill’s acceptance of the offer. The court however, decided that since the offer was made to the world, there is no need for the accepting party inform the acceptance and perform the act of enforceability. As Mrs.Carlill performed the same, she became entitled to receive the claim amount as the contract had promised (Willmott,Christensen and Butler, 2005).

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Question 3:

In this case, Richard Anderson is described as a chemist who had successfully achieved collaboration with grants, government contracts and scholarships. He had been working with a lab under a five-year contract that was to expire on 30th June. In the meantime, he had received an offer from arrival lab for leaving his job and joining there to work and be posted as the Chief Chemist. Richard had a great willingness to accept the offer, however, he was intrigued with the thought that his wife would need to change her job and his children would have to change schools. On 1st March, he approached his boss and discussed about the offer. His job said that in order to succeed, the lab requires his presence and his present designation is highly appreciated in the company. On getting assurance and appreciation the decided to turn down the offer and stated to the rival lab that he does not want to cause any kinds of troubles to his family (Khoury and Yamouni, 2009).

After some months, Richard lost his job because the Chief Chemist of his lab, warren felt that Richard’s position in the lab is not anymore required citing the reasons of liquidity issues and the have been sacked. Richard at present is devoid of job and the position in the rival lab is also not more available. The market for hiring chemist is also inactive and Richard was finding it difficult to get hold of a job. He had to then unwillingly take up a job at the university. The University offered him a much lower pay scale as compared to his earnings in the private practice. Family expenses have also come up as an issue now because of his low income.

In this context, it can be said that the discussion, which Richard had with his lab Chief is just a promise for extension of his contract due to an appreciation of his work but not an entire contract itself. When the contract reached the time of renewal, it got terminated as a result of downsizing issues. This discussion acxted as a promise and increased the motivation for Richard to work harder in his current position and refuse the offer made by the rival lab. In this aspect, it can be pointed out that the action was the result of the made promise, thereby leading to the decision. In this case, theDoctrine of Promissory Estoppel can be applied to parties that participated in the discussion. According to this doctrine, if a party makes a promise to another party and of the promise is effective enough to make a party take an important decision, it is bound to fulfill the made promise. If the promise is liable to influence another party in taking essential decisions, the party must fulfill the promise. In the present context, richard has been influenced to take the decision by the promise made by the lab chief regarding the requirement of his position in the company. Hence, following the principles of the doctrine, Warren is bounded by its terms and Richard’s term must be extended when Richard had taken the drastic decision of refusing the offer. If the term is not extended by Warren, Richard should be compensated for suffered loss due to non-performance of the promise (Monahan and Carr-Gregg, 2007).

In the Walton’s Stores (Interstate) Ltd vs Maher case, the two parties, Maher and Walton had undergone a negotiation for property lease. The contract was that Walton will take hold of  a new building after Maher demolishes the existing building. The contract also contained the terms of the rent. Maher received a draft of the lease and Walton got the revised lease. Maher performed the demolition in November and informed Walton about the occurrence. Walton asked Maher to perform the demolition slowly as it had certain reservations about the decision. After about 40% of the new building had been prepared in January, Walton decided to back out. The court proceedings stated that the discussion was enough for Maher to continue the contract terms because a promise had been made and was encouraged by the promisor. The court also said that the conduct and actions made by the promisor is sufficient and enough for ensuring a continuation of the promise and carrying out the actions discussed in the negotiations. Hence, it  can be said that the Promissory Estoppel is regarded as a valid reason for undertaking certain actions based on the reliability of the promise and stop the promisor party from backing out from the claim or the promise in case of any k9ind of damage or occurrence of unanticipated events.

References

Khoury, D. and Yamouni, Y. (2009). Understanding contract law. Chatswood, N.S.W.: LexisNexis Butterworths.

Monahan, G. and Carr-Gregg, S. (2007). Essential contract law. New York, NY: Routledge-Cavendish.

Paterson, J. (2011). Unfair contract terms law in Australia. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia.

Willmott, L., Christensen, S. and Butler, D. (2005). Contract law. South Melbourne, Victoria, Australia: Oxford University Press.