Legal Memoradum Essay Example | Topics and Well Written Essays - 1500 words

Legal Memoradum - Essay Example First, the subsistence of the situational constraint (the contract) is expected to be predominantly significant, which makes a cause more likely to be professed as causal. Yes, Mr. Moran can claim damages from the two companies namely, Mining Inc and Irving Cooper, Mr. Moran just need to file the commenced actions in the State of New York because he signed the negotiation with Mining Inc in Manhattan, and at the same he also have to file for the commenced actions in Minnesota because the principal company of Coal is there. We just received a frantic telephone call from our client, Coal Corp.. (a Colorado corporation) with its principal place of business in Minnesota. In September, 2004 Coal entered into a written contract with Mining, Inc. (a Montana corporation with its principal place of business in Montana) and Irving Cooper (a private entrepreneur who resides in New Jersey) pursuant to which Mining and Mr. Cooper agreed to manufacture and install for Coal a large quantity of electronic mining equipment which Coal needs in Minnesota. Joseph Moran (who resides in Butte, Montana) executed a written guarantee in which he guaranteed the due and prompt performance by Mining and Cooper under the contract. Moran sent the guarantee to Mining in Minnesota and Mining delivered the guarantee to Coal at the time the contract was executed. Mining and Cooper manufactured some of the equipment in its Minnesota specialty plant and installed that equipment. Mining and Cooper, however, have failed to perform several of their material obligations under the contract. As a result of their breach Coal has sustained, in its estimation, more than $1,000,000 in damages. Mining and Coal negotiated the contract in Manhattan. The contract which Mining and Coal executed at Kennedy Airport provides that any action for breach must be commenced within two years from the date of the breach. Cooper executed the contract the same day in New Jersey and sent it to Coal in Minnesota. The guarantee has a similar clause requiring that an action on the guarantee he brought within two ears fi-om the date of any breach of the contract (Cheeseman, 2004). According to the preliminary information we received, the initial breach of contract occurred two years ago today. Moran claims that John Rich (who now resides in St. Paul but was an officer of Buffalo Trust Co., in Buffalo New York at the time it, Buffalo Trust, lent Mining Inc. $500,000 in early 2004) together with Cooper and Coal fraudulently induced him into signing the guarantee and defrauded him into purchasing certain assets from Mining. Discussion Contracts are frequently utilized to bind an agreement among parties in order to make sure that the agreement is fulfilled. The complexity with contracts is that they provide the transacting parties an opening to credit to their support to the contract rather than to each other's reasonable or decent intentions. Consequently, contracts may keep a tight rein on interacting parties' enthusiasm or facility to judge each other as being generous or possessing reliability, and fundamental confidence may

Harwich International Ports Business Model Essay

Harwich International Ports Business Model - Essay Example Experts noted that a major change caused by the influence of globalisation was the integration of services with the national as well as international service industries. The fact can be by further observed in the international transport sector comprising of airways, roadways, railways, and even waterways (UNESCAP, n.d.). It is stated to be the rising competition in the global market structure that acts as a major influencing element in the integration of the international port services. Moreover, the continuous changes occurring in the global industry also influence the port service providers to re-evaluate the adopted competitive strategies periodically (The World Bank, n.d.). Integration in terms of modernisation rewards with various opportunities and significant scopes to the industry players such as enhanced competency, profitability, market share that in turn contributes to the overall growth of the port(s). Few of the common strategies implemented by the ports in order to stimulate the process of modernisation and integration are related to the restructuring of corporate governance, cost structure re-evaluation, and infrastructural development (European Sea Ports Organisation, 2011). With the purpose of empirically scrutinising the fact, the paper will concentrate on the integration strategies implemented by Harwich International Port with due consideration to its strategic effectivity and limitations. 2.0 Harwich International Port’s Business Model Harwich International Port is one of the most significant ports on the eastern coast of England. It was established in the 19th century and since then it has served the industry as a reliable deep-w ater harbour. Till the year 1883, the port served passengers from England, Belgium, and Netherlands with its strategies solely concentrated on the expansion of the then business model. Presently, the port operates as a linkage with Germany as well as Scandinavia along with the other countries of the European Continent. It had been acquired by the Hutchison Port Holdings Group in 1998 and thus implements the strategic vision of the group to define its business model (Harwich International Port Limited, 2005). The strategies implemented by the port largely depend on its strategic mission and corporate vision. For instance, the mission of the organisation concentrates on the overall development of its logistic services, operations and the efficiency in terms of port services. The determined vision statement of the organisation also supports the fact by providing considerable significance to the aspect of efficiency in the services rendered by the port. In this regard, the adopted strat egies by the organisation intended to enhance the performance of the port with the assistance of innovative solutions along with long-term continuation of effective customer relationship (Harwich International Port Limited, 2010). To be precise, the company offers a wide range of services to its customers, i.e. shippers and passengers. The services provided by the port include RoRo, Passenger, Cruise, Container, Liquid Bulk and Dry Bulk (Harwich International Port Limited, 2010). The organisation is further diversified in providing services through rail operations. The port also emphasises on other various strategies. They are: Lock-free maintenance Multi-disciplinary system High quality training and development to the employees Continuation of working hours for seven whole days Investment in the development of the services rendered by the port Continuous diversification through the integration of