Homeschooling Research Paper Example | Topics and Well Written Essays - 1250 words

Homeschooling - Research Paper Example Home schooling program has been legal in the United States. Its rapid growth comes as a big surprise to educators both in public and private schools. An estimate from The National Center for Education Statistics of the US Dept. of Education sets it at 1.1 million in 2003 an increase from 850,000 in 1999 and 1.1 million in 2003. Parents cited many reasons favoring this system. But there are evidences that lead me to an argument that this program needs tighter regulation, either banned or to conclude that it is an educational neglect. If you are a parent, and convinced that home study program is right for your child, see the disadvantages first and weigh its consequences after. Disadvantages Personality change. Home schooling deprives the child of the opportunity of gaining social skills that could only be gained or developed when the child is with his/her peers. A child learns to interact with other students from all walks of life in a school environment, thus leading to growth and development. Studies of Scott, White et.al. supports my argument such that their Examination of Previously Homeschooled College Students with the Big Five Model of Personality showed that the unique socialization practices of homeschooled families may impact their children’s personality development. Communication. A regular school gives children a chance to work with other people, hear different opinions, values, and beliefs.

Burger Kingcustomer centrality Essay Example | Topics and Well Written Essays - 2500 words

Burger Kingcustomer centrality - Essay Example Beginning in 1974 they began offering consumers the empowerment to have burgers made to you're own specifications. Burger King opened their first drive-thru window in the US in 1975, and is currently offering healthier menu items for the calorie and cholesterol conscious consumers. Burger King has always placed an emphasis on customer choice and satisfaction. Customer satisfaction can be gauged by employing and combining the results of the customer value models described in the article, 'Customer Value: a Review of Recent Literature and an Integrative Configuration'. (Khalifa 2004: 655-662) By combining the outcomes of the value exchange model, value buildup model, and value dynamics model, Burger King receives high marks in providing customer value. Burger King strives to make the consumers' experience with them as positive as possible. By offering a quality product at a competitive price in a timely, convenient, and friendly manner, Burger King has managed to grow and become one of the worlds' largest fast-food franchise businesses. Convenient locations, ease of service and consistency of quality in their products, in addition to the empowerment provided to all customers purchasing their products, allows for greater customer benefits in relation to sacrifices made in the procurement of these services. This means Burger King scores well based upon the criteria used in rating customer value using the value exchange model. (p. 655) The value build model correlates four aspects of the relationship between customer and supplier: How the customer is treated and their level of satisfaction with that treatment, longevity of the interaction, thoroughness and thoughtfulness between the customer and the supplier, and the consumers' placing an emotional value on their interaction. (p. 656) Consumers of Burger King's services are encouraged to interact with suppliers, or how else would they have their meal made to suit their preferences This is further reflected in Burger King's employee training which places a major emphasis on friendly, courteous customer service tailored to the needs of the consumer. (Careers, 2005, ) By these standards the company receives high marks. The value dynamics model places focus on product/service and delivery, and meeting the needs of the consumer as a person. (Khalifa 2004: 658) It has already been stated that Burger King strives to provide a quality product, which is competitively priced, and easy to receive. Over the years the corporation has expanded their menu options to meet the needs and desires of health-conscious consumers, which has expanded their client base, the core of which is made up of consumers aged 18 to 35, who eat burgers and fries, (BK (UK) 2005: PDF: 3) and allowed for the meeting of individual needs in a more thorough manner. They have managed to accomplish this without sacrificing ease and/or speed of delivery. By making these options available to all customers they have enhanced the individualization of customer interaction. Again, Burger King receives exemplary marks in customer value. By combining these various models, all of the factors and results, and Burger King's own policies

Force majeure and hardship

Force majeure and hardship INTRODUCTION A basic and universally accepted principle of contract law is pacta sunt servanda. This principle means that each party to an agreement is responsible for its non-execution, even if the cause of the failure is beyond his power and was not or could not be foreseen at the time of signing the agreement. The principle reflects natural justice and economic requirements because it binds a person to their promises and protects the interests of the other party. Since effective economic activity is not possible without reliable promises, the importance of this principle has to be emphasized. On the other hand, practice has demonstrated that on many occasions application of this principle may lead to the opposite of its aim. That is to say, the situation existing at the conclusion of the contract may subsequently have changed so completely that the parties, acting as reasonable persons, would not have made the contract, or would have made it differently, had they known what was going to happen. This situation is unlikely to arise with short-term contracts, which often exhibit a simple structure where non-performances are exchanged for money. In international trade, however, many contracts are of a more complicated structure, and even if they are not long term contracts, they frequently exist over a substantive period. International trade transactions generally imply a greater element of uncertainty because they are subject to political and economic influences in foreign countries. Different legal concepts deal with this problem of changed circumstances and provide for the discharge of the duty to perform of one or both parties when a contract has become unexpectedly onerous or impossible to perform. The classic concept of force majeure is primarily directed at settling the problems resulting from non-performance, either by suspension or by termination. Concepts likeimpr ¿Ã‚ ½visionor hardship are mainly directed at the adaptation of the contract. Although all legal systems take notice of the situation of changed circumstances, the conditions under which they allow the defence of force majeure vary. Furthermore, the adaptation of the contract is not universally accepted. Attempts have been made to tackle these problems on an international level. In particular, the United Nations Convention on Contracts for the International Sale of Goods (CISG) addresses the issue of changed circumstances. It avoids reference to the existing concepts because it has developed a system of its own. This concept, however, is generally not regarded as being able to solve the problem entirely. Parties to international sales transactions, therefore, frequently include special clauses in their contracts dealing with matters of hardship and force majeure. This paper aims to give some idea of the concepts of hardship and force majeure in the context of international sales transactions. First, the concepts will be discussed on a theoretical basis. The different approaches to the situation of changed circumstances in the major legal systems will then be discussed. Article 79 of the CISG will be introduced, interpreted, and its scope determined. It will then be possible to ascertain if, to what extent, and what kind of clauses dealing with the matter of changed circumstances, should be inserted into international sales contracts. Force majeure and hardship clauses will then be discussed in more detail. Finally, the use of standard forms of contract, with special regard to the UNIDROIT Principles of International Commercial Contracts, will be considered, and a recommendation as to force majeure and hardship clauses will be made. FORCE MAJEURE AND HARDSHIP THE CONCEPTS IN GENERAL The two major legal concepts dealing with the problem of changed circumstances are those of force majeure and hardship. In order to understand the interpretation and discussion of Article 79 of the CISG and the deliberations on force majeure and hardship clauses in international sales contracts, the two concepts first have to be considered on a general and theoretical basis. 1. Force majeure The concept of force majeure, providing for the discharge of one or both parties when a contract has become impossible to perform, has evolved progressively in international trade practice by assuming many original and autonomous features distinct from similar legal concepts. The approach of municipal legal systems to situations of force majeure varies from country to country. Despite these circumstances, certain general characteristics of the conception of force majeure can be determined. The roots of the classic concept lie in the Code Napol ¿Ã‚ ½on, from which the words force majeure (an irresistible compulsion or coercion) are taken. An English courts interpretation of the words held that they have a more extensive meaning than act of God or vis major. Act of God is defined as an event happening independently of human volition, which human foresight and care could not reasonably anticipate or avoid. According to the judgment, the words force majeure could cover the dislocation of a business due to a universal coal strike or accidents to machinery, but would not cover bad weather, football matches, or a funeral.In Brauer Co. v. James Clark it was held that a party could not rely on force majeure simply because the price it was required to pay for the goods was considerably in excess of the price at which it had contracted to sell them. In more general terms, it can be said that force majeure occurs when the performance of a contract is impossible due to unforeseeable events beyond the control of the parties. The following is a possible definition of force majeure: Force majeure occurs when the law recognizes that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which the performance is called for would render it impossible. I promised to do this but I cannot due to some irresistible unforeseeable and uncontrollable event. A similar definition is contained in Article 7.1.7 of the UNIDROIT Principles of International Commercial Contracts where, under the headline of Force majeure, it is stated that a partys non-performance is excused if that party proves that the non-performance was due to an impediment beyond its control, and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome the impediment or its consequences. The aim of the classic concept of force majeure, as is reflected in Article 7.1.7 of the UNIDROIT Principles, is to settle the problems resulting from non-performance either by suspension or termination. 2. Hardship The concept of hardship is usually discussed in the context of hardship clauses, which are frequently introduced into contracts in international trade. The term hardship, however, has also been used in legislation, e.g., in the Australian National Security (Landlord and Tenant) Regulations and the Landlord and Tenant (Amendment) Act 1948-1964. With respect to those rules, courts had to interpret the term hardship and determine its scope. Thus, it was held that hardship, as used in the National Security Regulations, may be regarded as the subjective effect of a detrimental nature upon the person concerned. In another decision interpreting the Landlord and Tenant Act, hardship was said to include any matter of appreciable detriment whether financial, personal or otherwise. The circumstances in which hardship generally exists (as usually set out in hardship clauses) normally incorporate three elements. First, the circumstances must have arisen beyond the control of either party; self-induced hardship is irrelevant. Second, they must be of fundamental character. Third, they must be entirely uncontemplated and unforeseeable. A clear descriptive definition of hardship is contained in the UNIDROIT Principles. It reads as follows (Article 6.2.2): There is hardship where the occurrence of events fundamentally alters the equilibrium of the contract either because the cost of a partys performance has increased or because the value of the performance a party receives has diminished, and the events occur or become known to the disadvantaged party after the conclusion of the contract; the events could not reasonably have been taken into account by the disadvantaged party at the time of the conclusion of the contract; the events are beyond the control of the disadvantaged party; and the risk of the events was not assumed by the disadvantaged party. The concept of hardship intends to solve problems of such fundamentally altered circumstances by adapting the contract to the new situation. 3. Differences between the two concepts The concepts of hardship and force majeure seem to be related to each other, particularly since they share some features: they both cater to situations of changed circumstances. The difference between the two concepts is most aptly described in such a way: hardship is at stake where the performance of the disadvantaged party has become much more burdensome, but not impossible, while force majeure means that the performance . . . the party concerned has become impossible, at least temporarily. Moreover, there seems to be a functional difference between the two concepts. Hardship constitutes a reason for a change in the contractual program of the parties. The aim of the parties remains to implement the contract. Force majeure, however, is situated in the context of non-performance, and deals with the suspension or termination of the contract. DIFFERENT APPROACHES OF DOMESTIC LEGAL SYSTEMS The approach of municipal legal systems to the problem of changed circumstances varies from country to country. Although all these concepts are related to each other, since they share important features, the distinction between them is extremely important in drafting choice of law clauses in international contracts. Furthermore, it is important to have knowledge about the law that will apply when a force majeure or hardship clause is left out of a contract, and no unified international rules are applicable. Moreover, in order to have relevance and serve a purpose, force majeure and hardship clauses should differ from the doctrine that would be applicable to the problem of changing circumstances, if such clauses were left out of the contract. Thus, the scope of those doctrines has to be determined. The illustration and comparison of force majeure and hardship will also give a deeper insight into the structure and functioning of these concepts in general. For this purpose English, American, French, German and South African law and their approaches to the situation of changed circumstances will now be analyzed. 1. England Consistent with the common law approach to strict liability for breach, the traditional common law rule was that conditions rendering performance impossible, that occurred after the execution of a contract, did not excuse performance. The reason for this was stated inParadine v. Janewhere the Kings Bench held that: When the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by the contract. Such a rigid interpretation prevailed in the United Kingdom until 1863. InTaylor v. Caldwell the court changed its traditional opinion: the strict rule should only apply when the contract is positive and absolute, and not subject to any condition either express or implied. The court held that in contracts where performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance. With this theory of implied condition, the doctrine of impossibility was introduced into English law. The concept of frustration, which developed from the doctrine of impossibility, is based on the sole interpretation of the intent of the parties. If stemming from an act of God, the performance of a contract is to take place under circumstances which are totally different from what the parties envisaged, and therefore, the agreement is frustrated. The concept originates from the famousCoronation cases. For instance, in one such case, an apartment was rented for one day because it afforded a privileged view of the Coronation parade of Edward VII. When the parade was cancelled due to the Kings illness, the landlord sued for the rent. The court, however, decided the contract was frustrated because its execution was fundamentally and essentially different from what the parties had intended. According to the doctrine of frustration, the concept dealing with situations of changed circumstances in English law today, a contract can be frustrated by impossibility, physical, e.g., destruction of the subject-matter, or for legal reasons, e.g., illegality, or by the occurrence of a radical change in circumstances, so that the foundation of the contract has been vitiated. If the contract were to retain its validity under such changed circumstances, it would amount to a new and different contract. The doctrine, by covering situations which do not amount to the impossibility of the performance is thus wider than the concept of force majeure. When a contract is frustrated, a judge cannot amend or adjust it to the new situation. Frustration simply discharges the contract. Although the prerequisites of frustration are rather similar to those required by the concept of hardship, the former is final, by disallowing the adaptation of the contract, directed at another aim. 2. United States Also based on the doctrine of impossibility and its further developments, the United States doctrines regarding changed circumstances are carefully defined in both the U.S. Restatement (Second) of Contracts and the Uniform Commercial Code. Section 261 of the Restatement (Second) is entitled Discharge by Supervening Impracticability and reads as follows: Where, after a contract is made, a partys performance is made impracticable without his fault by the occurrence of an event, the non-occurrence of which was a basic assumption in which the contract was made, his duty to render that performance is discharged, unless the language or the circumstances indicate the contrary. The Uniform Commercial Code, in Section 2-615, entitled Excuse by failure of presupposed conditions also employs the term Impracticable. In both statutes this term encompasses impossible. The relevant paragraph of U.C.C. Section 2-615 reads: Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (a) Delay in delivery or non-delivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not in breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was the basic assumption on which the contract was made or by compliance in good faith with any foreign or domestic governmental regulation or order whether or not it later proves to be invalid. U.C.C. Section 2-615 Paragraph (b) contains an allocation requirement in the event only part of a sellers capacity to perform is affected. Paragraph (c) states a notice requirement. According to its wording, U.C.C. Section 2-615 only excuses the seller from the delivery of the goods contracted for. The general belief, however, is that this provision is to be considered equally applicable to buyers. The concept of commercial impracticability, which discharges a partys duty although the event has not made performance absolutely impossible, has been adopted in order to call attention to the commercial character of the context in which the excuse defence is used. Courts, however, have been reluctant to accept anything short of impossibility as an excuse for performance. The United States approach to situations of changed circumstances is broader than that of the classical concept of force majeure. The United States approach does not allow the adaptation of the contract and because of the courts way of treating impracticability, it is not as far-reaching as the concept of hardship. 3. France Under French law, the line is drawn between the impossibility of the performance on the one hand, i.e., force majeure, and, on the other hand, circumstances which destabilize the contract where economic conditions are such that fundamental and far-reaching changes occur. The latter is called the doctrine ofimpr ¿Ã‚ ½vision. In France, the principlepacta sunt servanda(as incorporated in Article 1134 of the French Civil Code) prevails over the principlerebus sic stantibus. If the contract does not contain any provision regarding events of changing circumstances, then, the performance of the contract will be enforced without any changes to the contract. A judge is not supposed to appraise the economic situation of the parties or to rule in equity against the wording of a contract. In principle, the only excuse for non-performance of the contract is force majeure. The doctrine ofimpr ¿Ã‚ ½visionhas not been adopted by French courts. Article 1142 of the French Civil Code stipulates that any obligation to do, or not to do, is dissolved by damages whenever the debtor does not execute the obligation. Article 1148, however, specifies that damages are not due in the case of force majeure. While courts have applied those Articles strictly, some change and more flexibility is noticeable in recent case law. Although courts do not apply the doctrine ofimpr ¿Ã‚ ½vision, they have not explicitly rejected it. The application of Article 1148 requires four conditions to be fulfilled simultaneously: the event is irresistible (this clearly distinguishes the force majeure fromimpr ¿Ã‚ ½vision): the event must be unforeseeable: the event is to be an outside one: The failure of suppliers or subcontractors or associates is no excuse for the contractor: the debtor is not at fault: The event should be unavoidable and absolutely beyond the control of the debtor. Article 1148, in recognizing that a contract can be discharged due to force majeure, is not mandatory law. Parties are free to give their definition to force majeure events and the judge has to respect such definition. As the roots of the classical concept of force majeure lie in the Code Napol ¿Ã‚ ½on, this concept and the present approach to the problem of changed circumstances in France, correspond widely. A greater degree of flexibility in the latter has only been noted recently. The doctrine ofimpr ¿Ã‚ ½visionis the counterpart of the concept of hardship. The former, however, is not part of French law. 4. Germany The German approach to the problem is rather flexible. Under German law, the rulepacta sunt servandais certainly not adhered to anymore in the strictest sense. This is not surprising in a country where, after World War I, the value of the items on the menu in a restaurant could change between the placing of the order and the arrival of the bill. As a general rule, section 275 of the B ¿Ã‚ ½rgerliches Gesetzbuch discharges the debtor of his obligation if, after the conclusion of the contract, its performance was rendered impossible for reasons other than negligence, his own fault, or the negligence of his employees. The impossibility of performance (Unm ¿Ã‚ ½glichkeit) can be of a physical or legal nature. The performance may still be possible at a later time without unreasonable damage to the other party. As a consequence of World War I, some judges and legal scholars began advocating the doctrine ofUnm ¿Ã‚ ½glichkeitfor application to economic impossibility. According to such experts, the debtor cannot be forced to comply with efforts or sacrifices which are beyond what parties reasonably envisaged in good faith. This doctrine is called Opfergrenze. The doctrine ofOpfergrenzeis a suitable stepping stone to the famous German doctrine of theWegfall der Gesch ¿Ã‚ ½ftsgrundlage. According to the latter doctrine, every contract has a basic aim, emanating from a basic intention of the parties, which cannot be achieved or realised in the absence of an existing environment, e.g. the prevailing economic and social order, the value of the currency, normal political conditions, etc. This definition of theGesch ¿Ã‚ ½ftsgrundlagebears close resemblance to therebus sic stantibus doctrine in international public law treaties. A line should be drawn between the so-called erg ¿Ã‚ ½nzende Vertragsauslegung (an interpretation of the contract which fills gaps) and theGesch ¿Ã‚ ½ftsgrundlagenlehre.According to the former, which requires a gap in the contract, the function of the judge is to complete the contract, whereby he should give an interpretation of what the parties actually would have wanted if a given event had been contemplated. According to theGesch ¿Ã‚ ½ftsgrundlagenlehre, the judge is not only allowed to complete a contract, but depending on the object of the contract, the judge can also change its terms or terminate it. There is a little difference and if so, not an essential difference between the reasoning in the classical force majeure concept and the German reasoning in theUnm ¿Ã‚ ½glichkeit. Furthermore, the doctrine of theWegfall der Gesch ¿Ã‚ ½ftsgrundlage, aiming at an adaptation of the contract, is very similar to the concept of hardship. 5. South Africa Until 1919, there was a general assumption that . . . no difference between South African law and English law on the effect of supervening impossibility. The English approach was adopted in a number of cases until the case ofPeters, Flamman andCo v. Kokstad Municipality was decided. According to this case, if a person is prevented from performing his contract byvis majororcasus fortuitus. . . he is discharged from liability. In applying the principle that supervening impossibility discharges the contract, impossibility must be given the same meaning as when initial impossibility is under consideration, i.e., the impossibility must be absolute (as opposed to probable and relative) and it must not be the fault of either party. Most important is the fact that, ifvis majororcasus fortuitushas made it uneconomical for a party to carry out its obligations, it does not mean that it has become impossible. Additionally, sincePeters,Flamman and Co.there is no room in South African law for the English doctrine of frustration. The decision in the recent case ofKok v. Osborne and Another, however, could be a first step toward recognition of the concept of commercial impossibility in South African law. The plaintiff in this case (Mrs. Kok) entered into a contract of sale as the buyer . . . wrongly assumed that the seller had already been paid by a third person. The court held that the contract between the litigants hinged on the assumption that the defendant indeed had been paid, which in fact did not happen, and that the contract failed due to supervening impossibility of performance. In this case, the courts opintion was that South African law recognises commercial impracticability as a form of supervening impossibility as does the English. This decision, however, has been heavily criticised by commentators for different reasons. As a result, the doctrine of frustration under the English law is not a recognised part of South African law. Moreover, it is properly stated that supervening impossibility is not applicable in the present case. For these reasons, it is not likely that the case ofKok v. Osborne and Anotherconstitutes the starting point for a change in the South African approach to the problem of changing circumstances. Thus, one can conclude that the South African approach corresponds with the concept of force majeure. Situations of hardship do not discharge a party of its liability. ARTICLE 79 CISG Article 79 is the provision of the CISG, that deals with situations of changed circumstances. More precisely, it deals with the circumstances in which the buyer or seller may be excused from performance of his contractual obligations because of an extraneous event that is judged sufficiently important to warrant the excuse. This is a situation which is referred to as frustration, force majeure orWegfall der Gesch ¿Ã‚ ½ftsgrundlagein different legal systems. In subsequent chapters the legislative history of Article 79 and its significance for international trade will be outlined. Its contents, scope of application, and legal effect will also be analysed and evaluated. A. The significance of the CISG for international sales transactions Never before has the increase in international commerce been as significant as it has been during recent decades. Many difficulties occur in the context of an international sale of goods as a consequence of the considerable differences in the national rules governing the law of sales. Thus, the expanding volume of international sales requires a common understanding of the legal rights and duties among partners to an international transaction. The CISG is understood as a modern uniform substitute for the wide array of foreign legal systems. It is based on the Uniform Law for the International Sale of Goods (ULIS) and the Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF), drafted by the Rome Institute. These two Conventions had a rather limited success; only nine countries have become members. The United Nations Commission on International Trade Law (UNCITRAL), therefore, in a further attempt to unify the law governing the international sale of goods, prepared the Draft Convention on Contract for the International Sale of Goods. This was finalised at a diplomatic conference in Vienna in 1980 and entered into force in 1988. Nations are now ratifying or acceding to this Convention at a pace comparable to that of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards when it was promulgated. The latter is said to be the most successful instance of international legislation in the history of commercial law. The CISG harmonised interests and ideas of different legal systems and of countries on different levels of economic development. Thus, a text that is suited for implementation in civil law countries and common law countries and for economies that are developed and those which are developing. According to Article 1, the Convention applies to international contracts for the sale of goods (if the parties have not rejected its application in their contract Article 6) when the States where the parties have their places of business, are in different contracting states, or the rules of private international law lead to the application of the law of a Contracting State. As more than fifty countries have already enacted the Convention, among them major trading nations like the United States, Germany, France, or China, the Convention can apply to a large number of transactions. This number will continue to increase with the accession of further countries to the CISG. Only ten years after entering into force, the Convention can already be considered a success. Its significance for international sales transactions will increase in future years. B. Legislative history of Article 79 1. The role of legislative history As previously discussed, the CISG was created to free international commerce from a babel of diverse domestic legal systems. The ultimate goal of the Convention is the uniform application of the uniform rules. The Convention will often be applied by tribunals (judges or arbitrators) who are only intimately familiar with their own domestic law. These tribunals will be subject to a natural tendency to read the international rules in the light of the legal ideas of those specific systems. In order to control the damage, there will be long-range correctives through international critique of questionable interpretations; to this end measures have been taken for the collection and publication of caselaw produced under the Convention, e.g., CLOUT (Case Law On UNCITRAL Texts). These measures, however, take time to become effective. Fortunately, there need not be a delay in using the legislative history, which sets out the evolution of the uniform law, to counteract the tendency to view the Convention through the lenses of domestic law. The Conventions legislative history provides an international reference point in applying the uniform international law, and its record clarifies the purpose and in tent of the Conventions words. 2. The evolution of Article 79 Article 79 is a revised version of the exemption clause in ULIS (Article 74). Its development, as a part of the CISG, went through three stages: (1) The UNCITRAL Working Group (1970-1977); (2) Review by the full Commission (1977-1978); (3) The Diplomatic Conference (1980). Article 74 ULIS was criticised during the discussions of the Working Group. The clause was thought to make it too easy for the promisor to excuse his non-performance of the contract. Grounds for relief were not only physical or legal impossibility, or circumstances which fundamentally altered the character of the performance owed, but the provision could also apply to situations where performance had unexpectedly been made more difficult. Several members of the Working Group were, therefore, in favour of restricting the grounds for relief and making them more objective. The Working Group set up a drafting party, but it could not agree on a revised wording. It submitted a draft which was provisionally adopted by the drafting party (Alternative A) and an alternative proposal of the Norwegian observer (Alternative B). Following a study by the British delegate, the Working Group adopted a version which largely followed Alternative A. This based the promisors liability on fault, but transferred the basic concept of the impediment taken from Alternative B into the first paragraph. The version was adopted as Article 50 in the 1976 Geneva Draft. In reformulating the grounds for exemption in Article 51 of the 1977 Vienna Draft, the former Article 50, the requirement of the promisor not being at fault was abandoned and replaced by an objective test of the impediment beyond control. The 1978 New York Draft adopted Article 51 of the Vienna Draft relatively unchanged as Article 65. At the Vienna Conference, the Norwegian delegation proposed that paragraph (3) be supplemented by stating that if a temporary impediment ceased and the circumstances had radically changed to such an extent that it would clearly be unreasonable to continue to hold the promisor to his obligation, he should be released from that obligation. It was, however, argued that such an extension would introduce theth ¿Ã‚ ½orie de limpr ¿Ã‚ ½visioninto the Convention, and the proposal was therefore rejected. There was, nevertheless, agreement that the limitation in paragraph (3) should be deleted, i.e., that an exemption was only for the period during which the impediment existed. Contents of Article 79 CISG The meaning and purpose of the different provisions of Article 79 will now be considered in more detail. 1. The general rule paragraph (1) Paragraph (1) sets out the conditions under which a party is not l

image as text :: essays research papers

Image as Text Response Critical Response   Ã‚  Ã‚  Ã‚  Ã‚  Art by its very nature has the tendency to be labeled either â€Å"good† or â€Å"bad†. However there is no bad art, only art that has failed to connect with a viewer. To broadly label art as either good or bad is hypocritical, how could a Picasso be compared to a Rembrandt? The truth is it can’t, and that’s the deceptiveness of art in that it seems on the surface to be so easily criticized when in reality it’s a complicated process to undertake. The piece I chose to write about evoked such a response. People around me either hated it, or loved it, with most going to the former. A good art piece creates this kind of response, and in that respect this piece was doing just fine.   Ã‚  Ã‚  Ã‚  Ã‚  When I look at a piece of art, I let my eyes roam, exploring the surface. I feel whatever emotions the piece evokes, or any parts or techniques that interest me. After all of this, I still don’t dare judge it merely on good or bad. When you label something â€Å"bad† art, there is no coming back, it’s cursed with a tag. Even if this tag is incorrect, as it often is, you still have that impression in your head that â€Å"oh, I don’t like this piece, it’s bad†.   Ã‚  Ã‚  Ã‚  Ã‚  Another aspect to this is if you label a piece of art â€Å"bad† that means somewhere, floating around, is a piece of â€Å"good† art, which would imply a comparison. But how do you compare art? Even if two artists have both tackled the same topic, it is impossible and insulting to even claim to be able to compare them. A Renaissance piece and a Baroque piece have their own considerations and couldn’t possibly be criticized. Never is a piece of art better, all art is an island for consideration in its own sphere of influence.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Art creates its own emotions, and the reaction it creates, love it or hate it, is the very point of art. If you fall madly in love with a piece, it has succeeded. On the other side of the same coin, if you desperately hate that piece and want to burn it, it too has succeeded. It is when a piece of art has nothing to say that it is a failure, when it evokes no emotion, no reaction. It still isn’t a â€Å"bad† piece of art, the artist just hasn’t succeeded.

Recruit Select and Induct Staff

PROJECT 1 RECRUIT, SELECT AND INDUCT STAFF Introduction Baker’s Delight is Australia’s most successful bakery in Melbourne CBD. Over the past 20 years, this Australian owned Company has grown over 70 bakeries across the Melbourne. Every day, in every bakery, Baker’s Delight bakers create a range of traditional and gourmet breads. All products are baked from scratch, fresh daily on the premises. Baker’s Delight is distinctive in appearance, branding, product quality and customer experience. The company’s philosophy underpins every action: Best Environment, Best Service, and Delightful Product.The mission of Baker’s Delight brand has been built on our commitment to the quality of our product, the development of our people and the delight which the combination of these two elements brings to our customers. ORGINISATIONAL CHART: Manager Manager Head Chef/ Head Baker Head Chef/ Head Baker Sue Chef Sue Chef Baker Baker Baker Baker Receptionist Rece ptionist Apprentice Baker Apprentice Baker Head Waiter Head Waiter Chef de Partie Chef de Partie Trainer Trainer Waiter Waiter Apprentice Apprentice Trainer TrainerApprentice Apprentice Trainer Trainer The Objectives of the Bakeries are:- * Having a passion for fresh, delightful bread. * Creating delight with every one of our customers. * Creating an environment which promotes growth for all stakeholders, in the areas of wealth creation, learning, and personal development. * Providing a sense of fair play toward all stakeholders within taste bakery. * Promoting openness between all stakeholders. * Ensuring all stakeholder activity adds value. * Ensuring all stakeholder activity sells more bread.Reasons for Recruitment According to our HR policies, the recruitment and selection process begins for the vacant position. The position is vacant due to many reasons. One of our Baker, who had been working with us for the last 6 years has decided to go back to India to open up his own cateri ng business. So now Baker’s Delight needs a new Baker. Also we have vacancies for Part Time and Casual Staff for Front Desk and in Production Area. We need some Extra staff for these positions, as our customers are increasing.Job Analysis Job analysis is detailed and systematic study of job, it can be defined as a process of determining by observation and study the task, which comprise the job, the methods and equipment that are essential for the job and the skills and attitudes that are required for successful performance of the job. * What is the main objective of job, why the position does exists * What is the main purpose of the job? * Job title, location, date, job summary * Duties, responsibilities, skills and specific tasks * Have relevant qualification, experiences Skills and abilities * Knowledge of relevant work tasks and working environment. Job Description of a Baker * Check production schedule to determine variety and quantity of goods to bake. * Measure and mix ingredients to form dough or batter, following recipes. * Roll, cut, and shape dough to form rolls, pie crusts, tarts, cookies, and related products. * Cut, peel, and prepare fruit for pie fillings. * Place dough in pans, molds, or on sheets and bake in oven. * Observe products while cooking and adjust controls. Mix icings and other toppings and decorate cakes, pastries and other baked goods. * Use a variety of kitchen tools, including electric mixers, pans, rolling pins, and cutting tools. * May develop new recipes. Job Specification It is a statement of minimum acceptable qualities required for proper performance for the job. It has a written record of physical, mental, social, psychological, and behavioral characteristics of a person should poses in order to perform the job effectively. For ex, for the job of pastry cook minimum certificate III and 1 year working experience is must.It is a statement of employee characteristics and qualifications required for satisfactory duties a nd tasks comprising a specific job or function. Selection Criteria Our selection criteria policy is a task to draw up a description of ideal applicant. This is the statement that describes the qualifications, knowledge, skills, abilities, and experience that are required for a job. Examples of criteria that employers are often interested in, include: * Ability to communicate effectively * Leadership skills * Team work skills * Willingness to learn * Ability to solve problemsSelection Criteria of a Baker To be considered for this Role, you need to be able to meet the following Selection Criteria:- * Ability to be available for work across the 7 days of the week, which may include evening work and some public holidays (starting times can be as early as 3am) * Work in a fast-paced team environment * Communicate with customers and staff * Portray a positive attitude * Complete duties as directed by your manager/supervisor * Abide by company policies and procedures at all times * Proved evidence of your trade qualification Train, develop and supervise apprentices and staff in the Bakery Department * Have an eye for detail * Only applicants with previous experience as a Baker will be considered for this role. Personal Attributes The criteria of the company's personal specification list must be measurable, specific and justifiable according to the position. This means that the company cannot ask unrealistic expectations of those looking to fill the position. Once these specifications are outlined, they must be followed for each individual that applies for the job, meaning they cannot be changed from applicant to applicant. ————————————————- knowledge of bakery products and ingredients * ————————————————- skill in baking, icing and cake decorating * ————————————————- knowledge of mixing and baking processes * ————————————————- skill using mechanical mixing and baking equipment * ————————————————- knowledge of health and safety regulations * ————————————————- rganizational skills * ————————————————- communication skills * ————————————————- Basic math’s skills. Advertising A job advertisement is placed when a vacancy arises within a company or organization. Advertisement 1 Bakers Wanted * Start ASAP * Melbourne CBD * $20hr + paid overtime! Our client is looking for additional Bakers to help with the growing production of baking goods. You will be working alongside professionals in a friendly and dynamic team.To apply contact our manager or send your resume on following e-mail address- [email  protected] com Contact no. 0456728357 Baker * Melbourne CBD * Qualified Baker | | Baker’s Delight Group is a premium food business encompassing the manufacture and retail of French / European style breads, cakes and pastries. Our one employee is leaving and we are seeking a qualified Baker to join our teamDuties -Setting up and running a semi industrial line, mixing and weight up workHours:   5. 0am   –   2. 00 pm  Ideally, you will have * 2 years + Bakery experience * Qualified Baker * Quality focused * Reliable and pound of t he finished productIs it time for a new challenge and broaden your experience at the same time. We look forward to your application To apply contact our manager or send your resume on following e-mail address- [email  protected] om Contact no. 0456728357 | Baker * Melbourne CBD * Qualified Baker | | Baker’s Delight Group is a premium food business encompassing the manufacture and retail of French / European style breads, cakes and pastries. Our one employee is leaving and we are seeking a qualified Baker to join our teamDuties -Setting up and running a semi industrial line, mixing and weight up workHours:   5. 00am   –   2. 0 pm  Ideally, you will have * 2 years + Bakery experience * Qualified Baker * Quality focused * Reliable and pound of the finished productIs it time for a new challenge and broaden your experience at the same time. We look forward to your application To apply contact our manager or send your resume on following e-mail address- [email  p rotected] com Contact no. 0456728357 |Advertisement 2 Advertisement 2 Part Time ;Casual Positions for Front Desk and in Production Area Vacancies exist for highly motivated people to join our busy, hardworking team. Applicants should have proven experience in food preparation handling, strong customer service/communication skills and be able to work quickly. Ability to work in a team or alone is essential. Casual applicants must be available some Saturdays and during busy times within the hours of 6am to 6pm week days. Part time hrs is from 11am to 6pm Monday to Friday.Please send your written application and resume at the following e-mail address: [email  protected] com Contact no. 0456728357 PROCESS OF RECRUITMENTWe have given the advertisement for these two jobs in The Leader and on Employment website. We also advertise these in our company by sending mail to our different department because sometime we have some casual and part time employees who have the related skill and exp erience in same field. After given the advertisement we get response from so many candidates for these jobs. They send us resume.For the selection of right candidates we follow the following process:- SORTING By this process we select that candidate who fulfils our requirements. Sometime people send their resume without checking requirements of given advertisement. We select 50 candidates who fulfill our requirements. We send them interview letters to conduct interview. FIRST INTERVIEW OF SELECTED CANDIDATECandidate who receive the interview letter come for the interview. This interview conducts by the management members.In this interview we just check that if the candidate has related experience, how is his/her communication skills, about the qualification and introduction of candidate. Management members call the candidates one by one and interviewing them. They have the interview checklist according to marks they select some candidate for the further process on the basis of check list marks. SHORT LISTIn this interview management members select 30 people on the basis of their communication skills, qualification etc. SECOND INTERVIEWThis interview is held after short list. In this interview 20 selected candidate take part.In this MD ask some questions related to job and sometime it is performance based. MD ask the following question to the every candidate INTERVIEW CHECKLIST In this checklist interviewer check the candidate’s skill, qualification, experience. Attributes etc. and compare it with other candidates. In the last, total the marks of every candidate and give the priority to that get the high score. QUALITIES| CANDIDATE A| CANDIDATE B| TOTAL MARKS| ATTRIBUTES| | | | SKILLS| | | |QUALIFICATION| | | | EXPERIENCE| | | | In the second interview we select 10 people. 5 for Baker’s job and 5 for part time staff for Front Desk and for Production Area. FINAL INTERVIEWFor this interview we selected the 20march and sent the letter of interviewing date to the selected candidates. On the above day, in the interview, Manager of Bakery will ask some important questions to the candidates which is the best part about asking requirement . Then we select the best candidate for the above positions.In this interview the candidate will be asked about police check and requirement of company like permanent residency or if he/ she has valid working visa etc. In this interview we select the Renu Rai as a Baker, Lee Williamson as a part time staff for Front Desk and Shiv Kumar for Production Area.. Application 1 COVER LETTER Name- Address-Contact no-Email- Dear Sir/Madam,I have enclosed my resume to provide you with an overview of my experience.I have done Certificate III in Food Processing (Retail Baking and Patisserie). Now I am pursuing Diploma in Business Management. I have experience of packing, loading, unloading and customer service. I am working with IKEA in Richmond. I am confident and well disciplined with a desire to work in pati sserie field. I am quite willing to become a baker. I wish to build on my achievements and take on a position as a Baker in this area. I would be very pleased to discuss my application further with you at your convenience.The above information and contents are true to the best of my knowledge and belief and nothing has been concealed there in. Yours sincerely,———- RESUMECONTACT DETAILSNAME – ADDRESS – MOBILE – EMAIL – CAREEER OBJECTIVESSUMMARY – TO SECURE A MANAGEMENT POSITION IN A HIGH GROWTH COMPANY WITH CONSIDERABLE ADVANCEMENT OPPURTUNITIES. IDEALY , IN A BUSINESS DEVELOPMENT CAPACITY WITH EMPHASIS ON STRATEGIC PLANNING.EDUCATIONAL QUALIFICATIION * INSTITUTE – DELLA INTERNATIONAL COLLEGECITY/COUNTRY – MELBOURNE / AUSTRALIA QUALIFICATIONS – CERTIFICATE III IN FOOD PROCESSING (RETAIL BAKING AND PATISSERIE) AND DIPLOMA IN BUSINESS MANAGEMENT * INSTITUTE – NATIONAL COLLEGE OF INFORMATION TECHNOLOGYCI TY/COUNTRY – MUKATSAR / INDIAQUALIFICATIONS – POST GRADUATE DIPLOMA IN COMPUTER APPLICATIONSCOMPLETE – APRIL 2009 * INSTITUTE – PUNJAB UNIVERSITY CHANDIGARH CITY / COUNTRY – MUKATSAR / INDIA QUALIFICATIIONS – BATCHELOR IN ARTS COMPLETE – 2006EMPLOYMENT HISTORYPizza at Home , BraesideSTART DATE – 1st of June,2010 END DATE – 15th of August,2010TITLE – ASSISTANT BAKERRESPONSIBILITIES – MAKING DOUGH FOR PIZZAS AND PREPARE THEIR TOPPINGSMOORABBIN DRY CLEANERSSTART DATE – 1ST JANUARY , 2 009END DATE – 30th MARCH , 2010TITLE – DRY CLEANER AND IRONERRESPONSIBILITIES – ALL DUTIES -IRONING , WASHING AND DRYCLEAN CLOTHES ,CLEANING AND ATTEND CUSTOMERSKIEV BAKE HOUSE MOORABBINSTART DATE – 20TH OF OCTOBER 2009 END DATE – 10TH OF JANUARY 2010Title – 2 MONTHS EXPERIENCE AS A BAKER RESPONSIBILITIES – PACKING AND CUTTING OF BREAD AND CLEANING SHOPBAWARCHI INDIAN RESTAU RANTSTART DATE – 25TH NOVEMBER 2009END DATE – 28TH MARCH 2010TITLE –KITCHEN HANDLING ; FRONT AT DESK ; WAITRESSRESPONSIBILITIES – ATTEND CUSTOMERS AND SERVE FOODRAPID PACK CLAYTONSTART DATE – 1ST SEPTEMBER 2009END DATE – 31ST OF DECEMBER 2009TITLE – PACKER RESPONSIBILITIES – PACKING CHOCOLATES AND OTHER GIFT ITEMSSKILL SUMMARY NON TECHNICIAN SKILLS : TEAM BUILDING ; NEGOTIATION and STRONG ANALYTICAL SKILLCOMPUTER SKILLS : MICROSOFT WORD ; EXCEL ; ACCESS ; VB SCRIPT; JAVA SCRIPT ; WEB TECHNOLOGY ; RDBMS ; COMPUTER NETWORKING ; LANGUAGES : C ; C++INTERESTS MUSIC ; READING ; PLAYING ; COOKING; WATCHING MOVIES ; TRAVEL REFERENCES * CHARLES AZZOPADO (CABINET MAKER) (FINE LINE CABINETS 34-37 INDUSTRIAL DRIVE , SUNSHINE) CONTACT NO- 0416143072 * PAM TANDON (BAKER) CONTACT NO -0425004500 * JOGRAG SINGH (BAKER) ( WOOLWORTS, AIRPORT WEST) CONTACT NO- 0458693259 Interview: Interviews are more likely to be professional and effective if the y are well prepared. Committee members should prepare questions prior to the interviews.Questions should be based on the selection criteria and all applicants should be asked the same core questions. In preparing questions, committee members should take care to ensure that questions do not give rise to a breach of discrimination laws. What to ask? The Questions should be: *    Based on the selection criteria as specified in the position. * Focused on the skills, experience and knowledge required for the job. *    Assess the experience of the applicant in carrying out tasks relevant to the criteria. What not to ask? * Are you married? * Do you have children? * Have you been diagnosed as having a mental illness? * Where do you go to church? * Where you were born? Interview Questions On the day of the interview, it is recommended that the selection committee meet approximately 30 minutes prior to the commencement of the first interview to discuss the interview format. It is recomme nded that during the interview, the selection committee will ask the following Questions to Candidate: 1. Please elaborate about your qualifications, experience and skills? 2. Tell us something about the roles and responsibilities that you had in your previous positions? 3. Explain how you would be an asset to this organization? 4. How do you get along with your Co-Workers? 5. What is more important for you among high salary, job recognition and advancement? 6. Do you have your own transport? 7. Can you start early in morning? 8. Can you do work in a team? 9. Can you able to do overtime shifts in busy days? 10.Can you able to do a roaster shifts? 11. Are you willing to commence work at Short Notice? 12. Do you have Basic Computer Skills and good communication Skills? 13. Are you willing and able to go through and pass a national Police Check? 14. Are you willing to go through and pass a Medical Examination? 15. Do you have your own Safety Boots and Vest? Receiving application â€⠀œ According to our human resource policy after advertising policy, we receive the applications of the candidates. It is a duty of one of our officials is to determine that how many applications have been received. After receiving applications we have installed software to provide real time access and feedback.It gives reliable results and saves time Reference Check Policy After interview we do a reference check policy to check the applicant’s work history or credibility. Often only the reference of the successful applicant are checked this is the getting of the opinion of someone for whom the candidate has worked for in the past can be extremely helpful. TEMPLATE OF REFERENCE CHECK: – Date Reference check for Position applied for Referee name Title/company Phone Candidate role in company Time period of Employment of Candidate Rejection Letter According to hr policy we always send a rejection letter to those candidates who are unsuccessful for the position.This process is done to inform the applicants about the results and it shows the professionalism of our tea Rejection Letter Template Applicant Name: Street Address: City: Dear ——-, Thank You for the opportunity to meet with you and discuss your qualifications for the position of a Baker. While we were impressed with your background and experience, we have concluded that another candidate's qualifications more closely match our requirements. We sincerely regret that we cannot offer you employment in our bakery at this time. You have our best wishes for success in locating the career opportunity you strive towards. We will retain your resume in our files to review for future openings for up to six months.In the event of an appropriate available position, we will not hesitate to contact you. Regards ———— Offer of Employment Once the decision has been taken the successful candidate has been informed by offer of employment, which includes the following:- * Congratulations for the employment * Confirm start date, salary and other relevant information * Position acceptance * Joining time * Annual leave * Warm regards Offer letter Address: City : Date : Candidate Name: Address : City : Dear ——-, Baker’s Delight is pleased to offer you the position of baker. In this position you will be reporting to John.The starting salary offered for this position is $50,000 annually, paid every two weeks. Your acceptance of this offer and commencement of employment with the Company are contingent upon your execution of the Company’s standard form of Confidential Information and invention Assignment Agreement (the â€Å"Confidentiality Agreement†), a copy of which is enclosed for your review and execution, prior to or on your Start Date. On your first day of employment, you will be provided with additional information about the objectives and policies, benefit programs and general employment conditions. To fulfill fed eral identification requirements, you should bring documentation to support your identity and eligibility to work in the Australia.We are pleased to have you join the Baker’s Delight team as a member of what we feel is an organization that offers each employee an opportunity for personal and professional development. If you have any questions, please do not hesitate to contact me at . We look forward to working with you in the future, and hope you will find your employment at Baker’s Delight a rewarding experience. Baker’s Delight ACCEPTED AND AGREED: By: ——- ___ _______________ Signature Date: 8 Nov 2010 ______________________ Name _________ ____________ Title By: _____________________________ Date: __________________ Candidate Signature _____________________________________ Name InductionOnce a new employee has been hired, he or she needs to be introduced into the workplace, make him familiar about the working area this is induction policy. Accor ding to our hr policy the new staff and staff are systematically introduced to their jobs, co-workers and the organization and provided with the information required to succeed and develop in their new role. This will be achieved by: * Welcoming new staff and familiarizing them with the workplace, Goals and strategic directions; significant policies and procedures; relevant staff; the new employee's work location. * providing information to enable new staff to perform their responsibilities and assist any workplace adjustment; and * Encouraging commitment to the Goals of the bakery. * OHS PolicyAn OHS Policy is simply a method of stating how you, your employees, and visitors are expected to behave when they are on Company property or performing Company related activities. As an employer you are required by law to provide a ‘safe system of work'. This means you need a method of communicating, duplicating and implementing a safe way of working. The basis for this process begins with your Occupational Health and Safety Policy GENERAL INDUCTION PROGRAM Duration| Description| Who’s in charge? | 1hour| Describe a Bakery| RestaurantManager| 15 min| Cash register| Cash Manager| 1 hour| Products| Sales Manager| 30 minutes| Introduction with Workers| RestaurantManager| Emergency control organization for building A policy on the control of emergencies and critical incidents .This policy outlines the structures and functions put in place for the management of emergencies and critical incidents at taste bakery. * Non smoking policy Smoking is strictly banned on the premises accordance with the non smoking act. Staff is allowed to smoke only in the car park. It keeps the workplace environment smoke free. * Safety and security policy Bakers Delight aims for excellence in workplace health and safety, and is committed to ensuring the health, safety and well-being of its staff and customers. Workplace health and safety is both an individual and a shared responsibil ity. Its success depends on commitment from all members of the staff. NoteAnalyze strategic and operational plans and policy to identify relevant policies and objectives In our bakery we have both strategic and operational plans which make our work more efficient. By following the strategic policy we have planned to open our new franchise in the next three months and to work effectively in our daily routine work we try to improve our skills. Utilize appropriate technology to improve the efficiency and effectiveness of the recruitment/ selection process: While developing our Policies and Procedures to make it more effective and efficient. We try to take help from different media sources, news agencies, in order to short listing and interviewing, candidates. We use HR management advanced technology software.Trial and measure against your objective, all forms, procedures and induction processes The objective of our firm is to recruit the best team of employees because it helps to incre ase the profit of our bakery. Our induction policy is quiet easy and simple to selected new employees and in a very short time they can understand their duties completely. INDUCTION CHECKLIST VENUE:| INDUCTION DATE:| INDUCTION CONDUCTED BY:| ATTENDIES:| ————————————————- WELCOME NEW EMPLOYEE Yes No ————————————————- INTRODUCTION OF COMPANY Yes No ————————————————- COMPANY ORGANIZATION Yes No ————————————————-OHS REQUIRMENT Yes No ——————————————â⠂¬â€Ã¢â‚¬â€- LUNCH Yes No ————————————————- COMPANY TOUR Yes No ————————————————- SIGNING PAPER Yes No ————————————————- POSITION REQUIRMENT Yes No ————————————————- INTRODUCTION TO CONCERNED Yes No DEPARTMENT ————————————————- ROSTER PROVIDED Yes No SIGNATURE:

Financial Structuring at Euro Disney

Financial structuring at euro Disney 1984-85 Disney negotiates with Spain and France to create a European theme park. Chooses France as the site. 1987Disney signs letter of intent with the French government. 1988 Selects lead commercial bank lenders for the senior portion of the project. Forms the (SNC). Beings planning for the equity offering of 51% of Euro Disneyland as required in the letter of intent. 1989 European press and stock analysts visit Walt Disney World in Orlando. Being extensive news and television campaign. Stock stars trading at 20-25 percent premium from the issue price.The layout of Euro Disneyland Euro Disneyland is determinedly American in its theme. There was an alcohol ban in the park despite the attitude amoung the French that wine with a meal is God-given right. Designers presented a plan for a Main Street USA, based on scenes of America in the 1920S. Eisner decreed that images of gangsters and speakeasies were too negative. Thiug made more ornate and Victor ian than Walt Disney’s idealized Midwestern small town. Main Street remained Main Street. Steamships leave from Main Street the Grand Canyou Diorama en riunte to Frontierland.It was replaced by a gleaming brass and wood complex called Discoverland, which was based on themes of Jules Verne and Leonardo da Vinci. Eisner ordered $8 or $10 million in extras ti the â€Å" Visionarium ’’, exhibit, a360-degree movie about French culture which was required by the French in their original contract. With the American Wild West being so frequently captured on film, Europeans have their own idea if what life was like back then. In Fantasyland, designers strived to avoid competing with the nearby European reality of actual medieval towns, cathedrals, and chateaux.The park is criss-crossed with covered walkways. Eisner personally ordered the installation of 35 fireplaces in hotels and restaurants. Children all over Europe were primed to consume. Even one of the intellectuals who contributed to Disney-bashing broadsheet was forced to admit with resignation that his 10year-old son † swears by Michael Jackson † At Euro Disneyland, under the name † Capital Eo,† Disney just so happened to have a Michael Jackson attracting him. Disney expected to serve 15000 to 17000 meals per hour, excluding snake. Menus and service system were developed so that they varied both in style and price.There is a 400 seat buffet, 6 table service restaurant, 12 counter service units, 10 snack bars, 1 Discovery food court seating 850, 9 popcorn wagons, 15 ice-cream carts, 14 specialty food carts, and 2 employee cafeterias. Food service will reflect the fable's country of origin: Pinocchio's facility having German food; Cinderella's French; Bella Notte's, Italian and so on. Many Europeans don't care much for very spicy food, Tex-Mex recipes were toned down. A special coffee blend had to be developed which would have universal appeal. Hot dog cart would refle ct the regionalism of American tastes.