Wednesday, December 25, 2019

Business Ethics American Consumerism At Fault - 2176 Words

Gaby Santiago December 12, 2014 Business Ethics American Consumerism at Fault It’s irrefutable that the United States of America is the world’s foremost economic and political power. The combination of our country’s â€Å"Gross Domestic Product (GDP) of 15.7 trillion dollars being almost a quarter of the total world’s GDP,†(Singh) coupled with being the leaders of the free world create an unparalleled nation. However, blinded by our convenient accessibility to everything and anything, we often forget that our consumer choices have repercussions to others across the globe. For many products, including apparel and food, we overconsume and underpay at the expense of the poor, our health and the environment. It’s time we, as a nation, shift†¦show more content†¦We don’t believe that our world has any limits. It’s part of what has been engrained into us as the American dream. We believe in limitless growth, wants, wealth, natural resources, energy and debts. In her piece, Toward a New Politics o f Consumption, Juliet Schor defines the conventional view of consumption. It assumes that individual consumers know best and will act in their own best interest, that no consumer policy is the best consumer policy, and that consumption is social (Schor). Conventional consumption is a problem because we unintentionally create a hell on earth and diminish ideals such as responsibility, accountability and neighborliness. It allows us to have wants and demand that they be instantly fulfilled. Our selfish desires are to blame for the systems in our world today that are responsible for the subjugations of humans in third world countries, the prominence of fast food restaurants and the availability of out of season produce in grocery stores across America. When thinking and acting like American consumers there are many ways to make better choices. Philosophers, like Wendell Berry, propose that to fix the problem we shift our ideas and create a world where we not only consider limits but also live within them. Moreover, Juliet Schor, in her alternative way of thinking, proposes some basic elements such as â€Å"a right to a decent standard of living, quality of life rather than quantity of stuff, and ecologically sustainableShow MoreRelatedâ€Å"Marketing, Consumerism, Materialism and Ethics: the Modern Marketing Conundrum†4276 Words   |  18 Pagesquality of the product was taken for granted by the customer and with competition heating up companies had to differ themselves from their competitors on the basis of quality of service. So the focus shifted from quality to service. Later the concept of ethics came into existence. Companies had to market their products in an ethical and responsible manner. This created more pressur e on the companies. To tackle this problem the companies had to resort to aggressive marketing strategies. Companies knew thatRead More Ecotourism in South American Countries Essay3767 Words   |  16 PagesEcotourism in South American Countries Synopsis: We are living in a world that tends to put developed nations against indigenous peoples. Foreign developers seeking cheap labor and natural resources on untouched lands are exploiting cultures that have survived for centuries on their own. South America is a continent that possesses rich indigenous culture that is still relatively untouched by outsiders. Americans have the ability to preserve that heritage through organized efforts to encourageRead MoreImpact of Consumer Protection Agencie in Nigeria15948 Words   |  64 Pagesall sorts of advertising messages, he is further confronted with other sharp practices of marketers such as deceptive advertising, high pressure selling, shoddy or unsafe products, planned obsolescence and arbitrary price increases. The Nigerian business environment is filled with so many corrupt and care free capitalists who care only about profit maximization and pay very little attention to customer satisfaction. Nearly every sector and industry tries to rip its customer of its hard earned moneyRead MoreGreen Marketing And Sustainability Strategies10066 Words   |  41 Pagesadequately adopting Green Marketing or sustainability strategies. Consumers on the other hand are aware that their purchasing affects the environment but are still not choosing to purchase more sustainable products. In many cases it is not the consumer’s fault they are not purchasing greener products, more so the responsibility belongs to the brands many of which have yet to adopt a good sustainable marketing strategy that works in meeting consumer needs on a product and emotional level. 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The Athletic Apparel and Footwear Industry The athletic apparel and footwear industry experienced steady growth for more than two decades, beginning in the early 1980’s. For example, theRead MoreTata Teleservices Ltd Internship Report13209 Words   |  53 PagesA SUMMER INTERNSHIP PROJECT REPORT ON A STUDY OF PROMOTION PRACTICE OF TTEB Prepared by:- Paghadar Sagar. PGP+MBA Stevens Business School Company Guide:- Mr. Chetan Gurjar Mobility Head Of (Gujarat) TATA Teleservices Ltd. College Guide:- Dr. Himani Joshi Acknowledgement:- In the realization of one’s objective man is not an independent identity. It is the combined efforts of the people from diverse circle. Keeping thisRead MoreThe Mind of a Marketing Manager26114 Words   |  105 PagesThinking: The mind of a marketing genius Thinking: The mind of a marketing genius * Where are the best opportunities for your business today? How do you stand out in crowded markets? How do you deliver the best solutions for customers, and the best returns to shareholders? * Where should you focus amidst this complexity? What is your competitive advantage? Which markets, brands, products and customers should you prioritize in order to maximize value creation? Read MoreManagement Control Systems Pdf115000 Words   |  460 PagesCybernetic Paradigm and the Control Process, Designing Management Controls, Control Process Hierarchy – Contingency Approach to Management Control Systems: The Need for the Contingency Approach – Strategy and Control Systems: Corporate Strategy, Business Unit Strategy Chapter 3: Designing Management Control Systems: Steps in Designing Management Control Systems: Choice of Controls, Tightness of Controls – Factors Influencing the Design of Management Control Systems: Managerial Styles and the DesignRead MoreMarketing Management130471 Words   |  522 Pagesmanagement 3.2. The Role of Marketing 3.3. Marketing concepts 3.4. The Marketing Mix (The 4 P s Of Marketing) 3.5. Corporate Social Responsibility (CSR) and Ethics in Marketing 4. Have you understood type questions 5. Summary 6. Exercises 7. References 1. INTRODUCTION: The apex body in United States of America for the Marketing functions, Am erican Marketing Association (AMA) defines marketing as â€Å"Marketing consists of those activities involved in the flow of goods and services from the point of production

Tuesday, December 17, 2019

The Impact Of Anti Immigration Laws - 1395 Words

The Impact if Anti-Immigration Laws Ramonda Tatum Columbia College In April 2010, the state of Arizona passed what is now known as the most controversial immigration enforcement law. The â€Å"Support Our Law Enforcement and Safe Neighborhoods Act†, later referenced as SB 1070, required immigrants to carry they registration document on their person at all times. This would seem like reasonable expectation, that one must always carry identification documents on them. However, the controversy surrounds the part of the bill that â€Å"requires police to question people if there’s reason to suspect they are in the U.S. illegally† (Bash, 2010). This created a statewide discrimination against Latinos as well as other who looked to be of foreign descent. Many other states passed similar laws after 2010. Most of those states experienced a similar backlash as Arizona because of the implications, tactics and negative impacts of the law. A few of the negative impacts included diminished trusts between the community and police, increased in occurrence of factors that lead to criminal behaviors, reduced citizen cooperation and the negative effects on the economy. While much of society opposed the law and its parameters, there are advocates for the law. Many advocates for the law believe that criminal activity will decrease, illegal immigrants will be discouraged from migrating to the area, and the job market will increase for documented residents. One of the mainShow MoreRelatedThe Alien Land Law ( 1913 )893 Words   |  4 PagesThe Alien Land Law (1913), alternatively known as the California Alien Land Law and the Webb-Haney Bill, was legislation passed by Governor Hiram Johnson (1866-1945, Gov. 1911-1917) which directed that Foreign Aliens and immigrants were ineligible for citizenship and by extension restricted from leasing and owning land. While not explicitly discriminatory towards a particular group, the intention and focus of the law was directed at Chinese and Japanese immigrants in the United States who face d increasinglyRead MoreThe Violence Of The State Of Pennsylvania s Ethnic Intimidation Essay1369 Words   |  6 Pagesplatform to speak out and express their anti-immigration sentiment. This is not to say that these crimes will happen to everyone, but with the recent support of exclusion and segregation these crimes are becoming more evident. The spike in crimes and act of hate, make on question why? And what does this mean for immigrants and the rest of the population. Myths and Counterarguments: First, it is important to understand the arguments against immigration to comprehend why this sentiment is increasingRead MoreImmigration Policies During The 9 / 11848 Words   |  4 Pagesmaterials cover the immigration policies, and meso-social analysis of how the immigrants in certain communities adapt. Rosenblum looks at the immigration policies before and after the 9/11 tragedy in the United States, and how the incident impacted the immigration laws amended/proposed, or blocked from passing (namely comprehensive immigration reform). Martin looks at the types of immigration, history of immigration and immigrations laws, and demographic, economical and political impacts of the immigrantsRead MoreSocial Studies Grade 8 : Immigration Research Project1677 Words   |  7 PagesKieran Doolabh May 16, 2016 Social Studies Grade 8 IMMIGRATION RESEARCH PROJECT Give me your tired, your poor, your huddled masses yearning to breathe free. This is the quote on the Statue of Liberty, which greets hundreds of immigrants as they come into the United States. Many people have made the long, tiring journey from their home country to ours, and they still do today. People immigrate, but what does the word immigrate even mean? To immigrate is to leave one sRead MoreWhat Is More Harm Than Good?1721 Words   |  7 PagesMore harm than good? The impact of the United Kingdom’s laws and policies on sex workers’ and trafficked individuals’ human rights or Would U.K laws and policies on sex workers and trafficked individuals be more effective if society understood and accepted the problem? Research background and questions According to the United Kingdom Home Office, the anti†slavery legislation currently being upheld in the United Kingdom (hereinafter UK), uses the term modern slavery as a catch-all phrase whenRead MoreHow Has Your Thinking On Immigration Changed From The Beginning Of The Semester?901 Words   |  4 Pagesyour thinking on immigration changed from the beginning of the semester? My thoughts on immigration changed a lot because I think that I’m more able to analyze countries policies and especially the U.S policies toward Immigration. I used to think a country restrictive toward immigration was mostly linked to conservatism reasons but the liberal paradox mentioned in the first reading by Hollifield â€Å"The Emerging migration state† made me understand that they were more behind immigration restrictions. TheRead MoreThe Border Security, Economic Opportunity and Immigration Modernization Act1454 Words   |  6 Pageschanged after the terrorist attack in 2001, making most of the American public scared of future terrorist attacks increasing their negative thinking toward immigration. After that horrible day, the government started making changes to their immigration policies, therefore creating awareness of immigrants. These biased thoughts about immigration create concern and angst towards these groups, which lead to prejudices. The media also l ikes to use realistic threats toward the American people includingRead MoreCons for Debate for Arizona Immigration Laws Essay1185 Words   |  5 PagesDebate Speech: 4 Minute: Cons By adopting the same anti-immigration laws as Arizona, Florida would be violating the very values of the constitution. My first point is the violation of civil rights. In order to clarify today’s debate, we offer the following definition: Civil rights are a class of rights and freedoms that protect individuals from unwarranted action by government and private organizations and individuals and ensure one’s ability to participate in the civil and politicalRead MorePhilippine Immigration in the USA after 1990 Essay1164 Words   |  5 PagesThe U.S. colonized the Philippines between 1900 and 1934. This had a significant impact on the mass immigration of the Filipinos. The Filipino immigrants were then made U.S. nationals and granted the opportunity of settling in the U.S. and protected by its law and constitution. The increase in demand for labor in California farmlands and Hawaiian plantation led to a surge of Filipino immigrants seeking these jobs (Abraham 14). They mostly came from the provinces of Cebu and Ilocos. The demand forRead MoreHispanic Migrant Politics And The Homeland Security State Essay1520 Words   |  7 Pagesresearch with numerous activists, deportees, and policy makers across the country ranging from Los Angeles to Washington D.C. and abroad (Mexico and El Salvador). Gonzales argues that Latinos face a multidimensional form of political power he coins â€Å"anti-migrant hegemony,† that secures a legitimization for state violence against migrants through a race-neutral dialog regarding crime and combating terrorism. Gonzales presents an array of agents that have a stake in migrant politics and the Homeland

Monday, December 9, 2019

SAT free essay sample

You must complete your SAT work before 9 pm. Remember to practice your SAT sections before the upcoming test Im sure these phrases repeatedly surface around the lives of a typical high school teenager born into a typical asian family. For others, these phrases may not bring so much of a fond memory. For teens around the world, even more so for US teenagers, these years bring the most cumbersome obstacles but also at the same time transport with it cherished memories of new friendships and newly discovered passions. It is at these years that we truly attempt to find ourselves and strive to reveal inherent characteristics that we harbor that are not necessarily accepted by convention. Of course, at this stage we are like new born chicks trying to break free from our shells, the seemingly undefiable boundary set forth by our parents and our peers. Teenage years is also the time of constant struggle and battle with ourselves. We will write a custom essay sample on SAT or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Even if we came upon some hint of new discovered ability, we would soon be suppressed because these abilities are new. Others, including parents and our peers fear that unique light emitted from individuals. Our peers resolve to drastic issues to prevent ones unique quality from surfacing, and they often do so by restricting those who may harbor the faintest trace of variability. Perhaps provoked by a natural sense of social instinct, we feel the dire necessity for conformity and thus resolve to supress that magical unique abiltity we inherently acquire. As a teenage asian female, I also used to fall victim to the so called accepted standards of beliefs. To please my parents and peers, I resolve to behave in the normal manner or a typical chinese student, studying endlessly for that perfect score on the test and aimlessly participating in some activities for the sake of college applications. At first I thought I would be contented enough to just follow through with the everyday tedi ous monotonous schedules. But as time progressed, I felt the tinge of resentment and unease gradually surfacing. At times I would even question the basis in which I would complete these tasks. I looked deep inside of myself and asked exactly what activity I truly harbor passion for. Suddenly, a realization struck me that all this time, I was trying to conform and please others. I never accomplished anything much for my own sake. At the same time, I detested this part of myself and want to discover, even aspire to bring forward some suppressed ability that I never knew I had. Of course, the path is by no means a easy one. Picture for example, starting out with an almost blank slate of chalk board and attempting to write or create something with the chalk in a matter of a few seconds. This is almost an impossible task. Nevertheless, I decided to not lose hope. I sincerely believed that the light that I hope to find is hidden somewhere in the obscurity of my own disillusions. From that point on, I decided to truly give myself an opportunity and truly let myself open up to all activities I participate in. Instead of viewing the activities as a source for that one or two lines on the college application, I started to appreciate those activities and perceive them as the medium for the path of self discovery. Gradually, I opened my mindset and no longer focused solely upon obtaining that perfect score, but learned for the sake of knowledge and a better understanding of the world that I live in. Inevitably, I also realized the extent of my previously held resentment dissolved and contentment and fervor for life substitued its position. In literature, we often associate ourselves as our greatest nemesis. Ive viewed to truly to take a form in reality. Of course, that is not to say that I have completely eradicated and surpassed the abilties of this nemesis. I believe that it will take on some other form and linger in the corner eventually for me to battle. But I hold wi th conviction one thing,by overcoming even the slightest obstacle I will ultimately advance to the top.

Sunday, December 1, 2019

Legal Case Study free essay sample

Overall, he suffered financial loss from the negligent misstatement. To succeed in a negligence action, the plaintiff must prove all of the following: †¢the defendant owes the plaintiff a duty of care †¢the defendant has failed to comply with the required standard of care †¢there has been material damage to the plaintiff †¢damage caused by the defendant is not too remote ?Duty of care As, for the first time, demonstrated in the case of Donoghue v Stevenson , negligence may exist despite there being no direct relationship between two parties. After the Shaddock’s Case , the duty of care was extended to include the giving of information. In general, defendant will owe the plaintiff a duty of care if, at the time of making the statement, the defendant knows that: †¢the statement will be communicated to the plaintiff; and †¢the plaintiff will be very likely to rely on the statement in deciding whether to enter into a transaction; and †¢there is a risk that the plaintiff will suffer financial loss if the statement is incorrect. We will write a custom essay sample on Legal Case Study or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In this case, The university owed Brad a duty of care. Firstly, Brad studied for two years in the University of Kew, which proves their close relationship. Secondly, Brad was attracted by the most important statement in the advertisement that he could become a CPA or CA as what the university alleged by entering the two-year accounting course. What he did applied the course and took effort to complete the course was based on the statement of the university. Meanwhile, there was a risk of the course being not accredited that would inevitably result in Brad’s financial loss. ?Breach of duty of care A person is negligent in failing to take precautions against a risk of harm if - a. the risk was foreseeable; and b. the risk was significant; and c. in the circumstances, a reasonable person in the persons position would have taken those precautions. This is the general principle for the test of duty of care, which derives from the Lord Oliver’s speech in the case of Caparo Industries plc v Dickman . There exists a material risk of Brad being not able to become CPA or CA and being subject to economic loss, which is reasonably foreseeable due to the following reasons: †¢In the advertisement, it was indicated that the application of accreditation of the course was pending; and †¢The rejection to the application of accreditation of the course would undoubtedly lead to the failure of becoming CPA or CA as well as the loss of time and money. Since the material risk is foreseeable, the negligence calculus should come into play and this refers to what precautions the defendant should have taken to prevent the material risk from eventuating. The probability of the harm occurring: if the course was not accredited by professional bodies, it was likely to cause economic loss. †¢The likely seriousness of the harm: if Brad could not become CPA or CA through taking the course, the loss would be at least $460,000. †¢The burden of taking the precautions: reasonable persons wo uld have made the advertisement only if they had got the accreditation. It’s easy for the university to take reasonable care in giving the warning and other necessary information to Brad to avoid the risk while making the advertisement. Although footnote was made, further explanation should be provided because of the materiality of the risk. †¢The social utility of the conduct that created the risk : it is not only Brad who would suffer financial loss if the course was not accredited, but also other students would face the same situation; therefore, the total loss of all the students who enrolled in the course would be significant. ?Causation According to the case of Alexander v Cambridge Credit Corporation Ltd , laintiff needs to prove on the balance of probabilities that the loss would have been avoided if the plaintiff had not acted on the negligent misstatement. The university owed a liability to Brad because of the breach of duty of care and it is reasonable that the university should compensate Brad for the damage. If the university warned Brad that he might not become either a CPA or CA after his graduation when his application was accepted, Brad might not enrolled in the course and would not suffer from the loss of fees of and would not quit the job which was paid $200,000 each year. ? Remoteness As Privy Council held in the case of Wagon Mound (No 1) that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees. ?Damages The aim of damages resulting from negligence is to provide the plaintiff with a lump sum of money that will put the plaintiff in the position that the plaintiff would have been in had the plaintiff not been harmed by the defendant’s negligence. If Brad did not enroll in the University, he did not need to pay for the tuition fees of $60,000 and could have earned the salary of $400,000 within two years for the same job. ?Contributory negligence to plaintiff Contributory negligence applies to cases where a plaintiff has, through his own negligence, contributed to the harm he suffered. In the case, the defendant, University of Kew has every reason to prove the negligence of Brad for following two reasons, leading to the reduction of the amount of damages. Firstly, the defendant is able to prove that: In the advertisement, it has been articulated that the accreditation application was pending and Brad should have noticed the content in the footnote. Moreover, when there was a rumour circulating among students and Brad’s friend warned him, Brad was supposed to question and check whether the course had been accredited by the accountancy professional. However, Brad ensured himself that there were no problems of the course. Brad should have taken common and ordinary caution and corresponding actions to protect his rights: ask for confirmation from the university about the accreditation of the course and seek for potential damages as early as possible. Obviously, in this case, Brad should bear the contributory negligence. To sum up, Brad has the rights to successfully sue the University of Kew for negligence and obtain damages, compensating for the economic loss. However, Brad’s contributory negligence may result in the reduction of damages, which means he should partly be responsible for the loss. Misleading and Deceptive ConductNegligent Misstatement Conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive is prohibited in the law. This prohibition provides consumer protection to consumers in all situations with regard to trade and commerce. The negligent misstatement is one of the examples of conduct that is misleading or deceptive . Negligent misstatement relates to a representation of fact, which is carelessly made, and is relied on by another party to their disadvantage. To test whether a conduct misleads or deceives or is likely to mislead or deceive in respect of the negligent misstatement requires the plaintiff prove that: †¢The defendant’s statement is misleading or deceptive †¢The plaintiff relied on the defendant’s statement †¢ The plaintiff’s reliance is reasonable In this case, the university carelessly made the advertisement to attract any potential individual who is inclined to upgrade qualification and seeking to become CPA or CA. The statement in the advertisement seemed to mislead the readers to perceive that any who wants to become CPA or CA is easy just by taking the course as a student for two-year study. The course had not been accredited at the time when the university making the advertisement. Therefore, the lack of information about the accreditation would make it ambiguous for the readers to recognize the possible risk and failure of becoming CPA or CA. Brad is one of those readers who were attracted by the advertisement. Secondly, Brad relied on the statement to be determined to apply for the course and then quit the job for the full-time study. If he assumed that he could not become CPA or CA after the graduation from the university, as reasonable person, he would not take this course. As mentioned above that the reliance of the statement should be reasonable otherwise Brad or any other individual would not enter into the campus, quit the job and spend two years time just for a diploma which aids nothing, especially in the promotion of the job or any increase in salaries. Since the statement is misleading, Brad had the rights to sue for damages. Action against University of Kew in contract ?The existence of the contract There is clearly a contract between Brad and the University of Kew based on the requirements of the contract. The advertisement issued by the university is an invitation to treat to any person who interest in the Doctor of Accountancy course. The offer was made by Brad when he submitted the application form to the university. The university accepted the application and admitted Brad as a fee-paying student for the course. This process is regarded as the acceptance. In this agreement, Brad gave up $60,000 as the fee of course, meanwhile the university promised to provide educational services to him. Thus the agreement was made under the consideration. Although we can’t get complete details about the application form, no evidences prove that vague or uncertain terms are included. Thus the certainty of terms is met. Because the university accepted Brad’s application and both parties signed the enrolment form, it means that both Brad and university intend to form a legal relationship. So all the requirements are met and the contract is enforceable when both parties signed the agreement. ?Breach of contract Firstly, actual breach of a contract means the defendant did not do what has been promised. Then to clarify what the contract promised is the crucial part to judge whether and how the contract was breached. In the case, the statement made by the university in the advertisement should be the term of contract for the following reason. Whether a statement forms part of a collateral contract or just a representation depends on - †¢Statement was intended to be relied on; and †¢Reliance by the party alleging the existence of the contract; and †¢An intention, on the party of the maker of the statement to guarantee it is true In the case, a reasonable person, like Brad, would rely on the advertisement to apply for this course to upgrade qualification. This kind of statement could be seen as a promise. So the express terms of the contract will include the advertisement. Hence a term of the contract will be â€Å"Enroll in the Doctor of Accountancy course at the University of Kew and become a CPA or a CA†. When Brad finished this course he did not become either a CPA or CA. Then this term was breached by the University of Kew. Secondly, the implied terms of the contract indicates that in contracts which involve the provision of services, services will be performed with reasonable care and skill. The reasonable skill, according to the case of Red Class Pty Ltd v Rivers Locking Systems Pty Ltd , means the service should fulfill the customer’s purpose. The High Court viewed this reasonable skill as an implied term which was breached by defendant. In the case, the reasonable skill offered by university is to help Brad upgrade his qualifications, so he can increase chances of earning a higher income. But after he finished this course, he did not upgrade his qualification or get a chance to earn higher income neither. The implied term is breached as well. Finally, it might be hard to demonstrate the fact that terms above are breached, or the express term â€Å"Brad could become CPA or CA after he finished the course† might be not bound in the contract. Brad still could sue depends on Equitable Estoppel. As the case of Walton Stores (Interstate) Ltd v Maher (1988) , Stated by Brennan J, Equitable Estoppel requires that †¢There is a clearly assumption that a legal relationship would exist between plaintiff and defendant; and †¢The defendant has induced the plaintiff to rely on the assumption; and †¢The defendant acts in reliance on the assumption; and The defendant knew or intended to do so; and †¢plaintiffs action or inaction will occasion detriment if the assumption of expectation is not fulfilled; and †¢The defendant has failed to act to avoid the detriment In the case, there is an obvious assumption that between Brad and the University of Kew a legal relationship exists. The university acted and induc ed Brad to rely on the assumption. Otherwise, he would not quit the previous job to study. However, the university failed to act to avoid this detriment. Therefore, Brad has the right to ask for remedy for detriment ? Exclusion clause is ineffective Based on Contra Proferentem Rule, courts interpret terms that purport to exclude or limit for breach of contract strictly, against the party that is seeking to rely on the term. In this case, after Brad’s application had been accepted, the contract was done. According to Parol Evidence Rule, after the contract is done, the written document is presumed to be complete and no outside document could be used to contradict or change the words of the document. Even the exclusion clause was signed by Brad, it’s still too late to make it effective. ?Damages Because of the breach of contract, Brad can sue for damages and ask for compensate the loss. Firstly, Brad can be compensated for expectation damages. In the case of Howe v Teefy , when defendant breached the contract, plaintiff successfully compensated for the lost opportunity. It is more likely that Brad would have a chance to earn more salary yearly after becoming a CPA or a CA. However, the university breached the contract; Brad lost the opportunity to earn more. Thus, Brad can sue for this kind of damage. And just like the case Howe v Teefy, such losses are difficult to estimate. The plaintiff must provide evidence to prove that such losses not too remote and clearly exist. Secondly, Brad can be compensated for reliance damages. Comparing with Commonwealth v Amann Aviation Pty Ltd , Amann was awarded only expenditure part which reasonably incurred in reliance on the defendant’s promise. There is no profit for Brad resulted from the performance of contract in this case. Thus Brad is entitled to compensate the expenditure occurred during his 2-year study in University of Kew, which is tuition fee of $60,000. Otherwise, Brad began his studies at the cost of 2-year leave without pay from job. The potential expenditure is 2-year salary $400,000. Therefore the Brad can be compensated for two parts of reliance damages. Q2. Would your advice be different if Brad had had to pay a fee $30,000 for the course instead of a fee of 60,000? Explain The only difference is that Brad can sue for damage from breach of contract less. He can be compensated for expectation damages of $43,000, not $46,000. There are no other effect on sue in negligence, breach of contract and misleading. The different tuition fee is only related to define consumer contract under Trade Practices Act 1974 (Cth) s 4B. However, in our case, the educational service provided by University of Kew is ordinarily acquired by Brad for his personal purposes, which is to upgrade his qualification. Thus no matter how much the Brad paid for the course, the contract is definitely a consumer contract. But there is no effect on our advice.