Friday, August 21, 2020

Philosophy Essay Example for Free

Reasoning Essay 1. How do philosophical inquiries contrast from logical or verifiable inquiries? Theory works in questions that can't be addressed logically, for the most part on the grounds that there are not components of the inquiry that can be estimated or tried observationally. Reasoning inquiries things and the appropriate responses are tried to be progressively stubborn and dependent on specific perspectives. Theory centers around questions like â€Å"how accomplishes this work. † A philosophical inquiry that is helpful is whatever has to do with life, passing, or the universe. Philosophical inquiries don't have distinct answers, and they don't require estimations. For example, an inquiry could peruse, â€Å"What makes an extraordinary father? † One individual may address the inquiry saying, characteristics that make an incredible father would remember investing one for one energy with the kid, continually going to class capacities and occasions, and continually setting aside a few minutes for the kids. While this answer could be valid for that individual another individual could respond to the inquiry saying, an incredible father is one who gives all necessities to the family through monetary strength, and activities that demonstrate he wants to think about it. Both of these answers can have the capacity of being right in light of the fact that the inquiry depends on genuine beliefs and there is no unmistakable method to characterize this. The science approach endeavors to respond to all the inquiries that it can exactly, yet this is now and again unrealistic. The explanation a portion of the occasions it is beyond the realm of imagination is on the grounds that the inquiries increment after some time and with the advances in innovation. As innovation grows the more inquiries that it ascends to science and the more inquiries that are left without a logical answer. The particular element of science is to gauge and gauge everything. Authentic is proof in themselves and are along these lines set up. Theory and science share much for all intents and purpose. Huge numbers of the best rationalists were likewise researchers, or had the quality to be ordered as one in their timeframe. Logicians approach questions correspondingly to the manner in which researchers do with their basic reasoning. Researchers figure speculations and afterward test them against what they can watch or reason. Logical inquiries infers that an individual is asking about his general surroundings or her and anticipating exact answers. A logical inquiry has a free factor and a needy variable in it. A truthful inquiry is an inquiry regarding a reality, â€Å"where did this occasion occur? † is truthful on the grounds that it is requesting realities. In any case, a logical or truthful inquiry are ones that have the capacity to be replied through confirmation which will create a few kinds of unequivocal answers that are quantifiable and solid verification. A case of this kind of inquiry would incorporate, â€Å"how tall is sally? † The appropriate response that an individual concocts will be precise in light of the fact that the person takes the logical estimations to respond to the inquiry to dispense with hypotheses. In any case, theories could happen while noting how tall Sally is on the grounds that one could state well is that Sally’s exact tallness, since when an individual initially stirs they are taller than they are at night. At the point when an individual initially stir their body has had the opportunity to unwind and loosen up for the night rest, and if estimations were taken during the day or around evening time the body has not kept up the capacity to loosen up making the individual be shorter. Actually the route around this is measure Sally multiple times once toward the beginning of the day, the center of the evening, lastly at night. 2. How did the ways to deal with philosophical request progress from the Pre-Socratics to Socrates, Plato, lastly to Aristotle? How do these changing methodologies reflect social impacts that influenced the rationalists of old Greece? The philosophical request process during the pre-Socrates period depended predominantly on transcendentalism which solicits what the nature from being is. The Socrates period started to address perspectives that started posing and noting inquiries to animate an individuals’ basic deduction and thus lighting up thoughts, this started to shape a discussion and request between individuals’ restricting this view. The persuasive technique is a procedure that the Socrates started and includes oppositional conversations. This technique includes oppositional conversations that protect one perspective against another perspective. One individual may lead others to get their perspective thusly reinforcing the inquirer’s see point. Plato started to challenge the oddity persuasive strategy for instruction after looking at it, â€Å"if one knows nothing, at that point in what manner will one come to perceive information when the person experiences it? † The Socrates of Plato reached an alternate resolution. The Socrates started to utilize a slave kid and exhibit through geometry exercises that each individual secures even the littlest measure of information, and the information fills in as a window into the individual’s everlasting and omniscient soul. By speaking with the slave the educator could challenge the student’s bogus assessments until he went to a genuine sentiment that withstood severities of basic assessment. In spite of the fact that the individual’s soul is the distribution center of the information every individual must figure out how to get to the information and review it. Plato started to wane from the Sophists by Plato removed himself further from Sophists by isolating information from suppositions. The logical strategy came around after the presentation from Aristotle. The logical strategy is the turn of events and clarification of rules for logical examination and thinking that isn't obvious. The logical strategy is an interesting issue for some extreme and regular discussions all through the science’s history. A significant number of the characteristic scholars and researchers contend for the essential of a solitary methodology that will set up logical information. Numerous discussions that encompass the logical technique is focused on logic. Experimentation is the principle part of logical convention as indicated by Aristotle. Aristotle felt that individual can pick up the information on generally accepted fact through specific things, for example, enlistment. In certain estimates Aristotle unites dynamic idea with perceptions. Aristotelian science isn't observational in structure, and numerous people regularly botch this suggestion. Aristotle denies that people create information through acceptance and has the capacity to be viewed as logical information. The fundamental primer to logical business enquiry is acceptance, this gives the starter grounds to logical showings. The primary occupation of rationalists was to analyze and find the realities causes and to exhibit widespread facts. Despite the fact that enlistment was acceptable for finding universals by improvement, it did not have the capacity to effectively recognize the causes. Aristotle looked for in the wake of recognizing the causes and started utilizing deductive thinking as arguments. Utilizing the arguments, researchers had the capacity of deducing new widespread realities from ones that have recently been set up by different rationalists. Actually after finding out about these various scholars. I think the distinctive request forms engaged every thinker to thoroughly consider of the domain of ordinariness and not with the exception of the standard which empowered Greece and considerably different societies to respond to questions and thus acquire information. 3. How are philosophical feelings legitimized? Epistemology contains the hypothesis of support and battles to nderstand avocations of proposition and convictions. Philosophical feelings are defended in view of epistemology, which is related to ways of thinking including support, convictions, and facts. Epistemology manages the methods for the creation of information. As per Plato, support is the last part of information and without it people just have a genuine sentiment. Conviction is a perspective on which an individual can regularly whimsical and at risk to change. Legitimization is the genuine justification of genuine sentiments, the truth is what grounds it (Baker, 2013). Avocation based speculations of information are classified into two subsections, irrationalism and panrationalism. Irrationalism is something that attracts to unreasonable standards and specialists, including an individual’s emotions. Panrationalism is judicious rules and standards including thinking and perception. I accept that philosophical suppositions are supported in different manners. Philosophical assessments not really defended however are guided by close to home encounters and strict convictions. At the point when convictions are legitimized there is constantly a justifier or something that legitimizes the conviction. Various things can be justifiers for instance the accompanying three things are proposed, the first is exclusively convictions, convictions that are along with other aware mental states, lastly convictions, discerning mental states, and different real factors about people and their encompassing and the earth, which people could possibly have the entrance to. Similarly as with each philosophical thoughts there is analysis following the hypothesis of legitimization. Held by basic realists W. W. Bartley, David Miller, and Karl Popper, non-justificational analysis is the significant restriction that is against this hypothesis. Analysis to the justificationism is attempting to demonstrate that the cases do not have the capacity to be decreased to the impact or standards that it impacts bids to, it expresses that defense is an essential case and the case itself is optional. Nonjustificational analysis endeavors to assault the cases themselves. The first being guided by close to home experience is on the grounds that people will in general partner their way of thinking based on encounters they have experienced. A model th

Sunday, July 12, 2020

Argumentative Essay Topics

Argumentative Essay TopicsArgumentative essay topics are common in nearly all introductory English composition courses. When asked what the purpose of an essay is, the usual response given is that it is a test of the writer's argument. While many of us are comfortable making use of arguments, for some of us that connection to argumentative essay topics may be a little different.Many of us come from families where foreign countries were not typically the center of focus for family events or celebrations. While most of us were exposed to them as children, we might have learned about them in a more casual manner. There is, however, something about foreign countries that make them unique and interesting to the reader. Understanding the reasons why some essays choose argumentative essay topics can help us when we encounter similar situations in the future.One reason why some students do not consider arguing as part of their writing process is because they do not want to be associated with foreign countries or their culture. By using language that is unfamiliar to them, they can easily avoid being labeled as a part of a group of people who prefer to shy away from the spotlight. On the other hand, by including argumentative essay topics in their writing, they may find that there is a better balance between their academic goals and their personal needs. This means that argumentative essay topics might be one way to help them be successful in both of their endeavors.The next reason that some students may be hesitant to make use of argumentative essay topics is that they may think that these essays are more likely to be read as negative than positive. While this could be true to some extent, if the argument is presented correctly, there is a good chance that the reader will agree with what the writer has to say. When we view negative views of others as an extension of our own perspective, we might begin to view the world differently and this can often help us move toward a more open and accepting view of ourselves.For those who are more familiar with foreign countries, argumentative essay topics can also be a good way to get a feel for the country, its customs, and its people. When this happens, they can more easily understand the ways in which other people view the world and how that view can differ from their own. While being in a foreign country can sometimes make us understand ourselves better, arguments can also help to make the experience more relatable and worthwhile.Some people have a problem with argumentative essay topics because they see them as an attempt to argue against what they already believe about foreign countries. They may believe that they know enough about a country or culture to know how to approach writing about it. These people are more likely to think that all writers must have the same knowledge and opinions about every subject. It is the responsibility of the writer to actually know something about the topic in order to write intelligently.Students who do choose argumentative essay topics are usually taught how to present their thoughts. This can be done in various ways, and students can have a lot of control over how their material will be presented. While argumentative essay topics can certainly create arguments, there is no need to force the reader to agree with the ideas presented. By framing the arguments in a respectful manner, students can be better able to see how their own beliefs can be related to what is presented.The ability to talk about foreign countries can be useful in other situations in the student's life. They might be studying abroad and want to communicate with the native community. By learning how to use arguments effectively, students can strengthen their English abilities while becoming more educated about a new culture. By learning how to read arguments in a non-biased way, they will also be better able to relate their new experiences to the culture they have come from.

Wednesday, May 20, 2020

Accounting Policies And The Decision Usefulness Of The...

Abstract The paper starts with the explanation of public interest, which means to act for the interest of the public. Public interest helps managers; regulators make ethical decisions for the society. The essay then goes on to talk about the accounting policies and the decision usefulness of those accounting policies. Examples of accounting policies are the balance sheet, income statement and cash flows statement. These give investor essential ideas of how profitability and how strong its financial position is; Corporate Governance and Auditing build up the confidence of stakeholders in the firm. Lastly, it talks about the amendments to the Australian Conceptual framework reduced the number of users in financial reports. The amendment to the framework results in the creation of more decision useful information for all the users of financial statements. Intro The notion of public interest refers to the interest of the society as a whole; when it comes to decisions making, decision makers should act for the best interest of the public but not for themselves. Public interest is an ethical term, it is very critical to know its importance and consider it when making decisions. As there are so many accounting policies in a financial report, investors can take advantage of those accounting policies for their decision usefulness because those accounting policies are there to protect the stakeholders. The paper then talks about the amendments to the Conceptual Framework as it reducedShow MoreRelatedShould the Fasb Consider Economic Consequences in Standard Setting1542 Words   |  7 PagesEstablishing Accounting Standards, â€Å"The process of setting accounting standards can be described as democratic because like all rule-making bodies the board’s right to make rules depends ultimately on the consent of the ruled†. 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A â€Å"proven, independent dueRead MorePositive vs Normative Accounting Theory Essay1032 Words   |  5 PagesEssay Guideline (brief simple short essay - example only to assist with planning) TOPIC: Discuss positive accounting theory and contrast it with normative accounting theory. Provide examples where appropriate.       The purpose of this essay is to provide an overview of positive accounting theory (PAT) and highlight how this theory differs to normative accounting theory. Definitions and assumptions of both theories will be considered and examples of the theories will be provided. In additionRead MoreEarnings Management Essay1007 Words   |  5 Pagescreditors etc. Many users rely on the information from financial statements to make decisions. Therefore, financial statements should be relevant, provide faithful representation, comparability, verifiability, timeliness and understandability. 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To properly understand this conceptRead MoreFinancial Statements And Evaluating A Corporation Essay1150 Words   |  5 Pagesfor providing information of the company and are prepared from the balances of the accounting records of the company at a given date. Classification and summary of accounting data are properly structured financial statements. These are Income Statement, Accounting Profit, Economic Profit, and Balance sheet. The main objectives of financial statements are to help managers of an organization to determine whether decisions about funding were most appropriate, and thus determine the future of investmentsRead MoreFinancial Accounting Corporate Report 19751563 Words   |  7 PagesINTRODUCTION In 1975 the Corporate Report was published, this was the outcome from the Accounting Standards Steering Committees wide ranging discussion paper and in part considered the usefulness of financial statements (Dunn, April 2002) discusses that to meet their basic objective financial statements must be useful; and the information relevant and reliable. Information will have relevance if it influences the decisions of the users. Relevance and reliability are primary characteristics relating toRead MoreWhat Is Meant by Saying That Accounting Information Should Be ‘Decision Useful?824 Words   |  4 Pagesof users in making economic decisions. What is meant by saying that accounting information should be ‘decision useful? As stated in the AASB Framework, financial statements play an utmost important role to a variety of users, which mainly consist of the investors, employees, lenders, suppliers and other trade creditors, customers, governments and their agencies, as well as the public, in making vital financial decisions. For accounting information to be ‘decision useful to this groups of people

Wednesday, May 6, 2020

Demise of a Soulmate in Emily Brontes Wuthering Heights...

Emily Brontà «Ã¢â‚¬â„¢s novel Wuthering Heights, set in the countryside of England’s 1700’s, features a character named Heathcliff, who is brought into the Earnshaw family as a young boy and quickly falls into a passionate, blinding romance with the Earnshaw’s daughter, Catherine. However, Heathcliff is soon crushed by this affection when his beloved chooses the company of another man rather than his own. For the remainder of the novel he exudes a harsh, aversive attitude that remains perduring until his demise that is induced by the loss of his soulmate, and in turn the bereavement of the person to whom the entirety of his being and his very own self were bound. Catherine and Heathcliff reveal their fervent devotion and affection for each other†¦show more content†¦Nearly all the members of his household, and even those beyond his own domain, experience his rage, as his temperament prevents any of his attempts at retribution to be thwarted. This is evident as he falls into a state of insanity, retreating further and further into a fantasy in which he is once again united with she who has always held his heart. â€Å"He muttered detached words also; the only one I could catch was the name of Catherine, coupled with some wild term of endearment or suffering†¦low and earnest, and wrung from the depth of his soul.† (309-310) This account given by Nelly concerning Heathcliff evinces his feelings of longing and the extent to which those feelings run within his fate-victimized self. Moreover, he himself states, albeit in semi-vague terms, the reason for his loss in ability to enjoy their Cathy and Hareton’s destruction. He states, â€Å"I have a single wish, and my whole being and faculty are yearning to attain it†¦it has devoured my existence.† (303) With this confession he proves the incentment to many of his often cruel and abusive actions to be his beloved’s death. Separate from Heathcli ff and Catherine’s interactions with each other, the former’s desire for vengeance for the injustice done to him with the latter’s quietus are inflicted on those who most remind him of the love he lost. One particular scene in which Heathcliff walks in on Cathy teaching his nephew to read has Nelly remarking on how

Computer Methods And Programs Biomedicine -Myassignmenthelp.Com

Question: Discuss About The Computer Methods And Programs Biomedicine? Answer: Introducation Philips is a company which is working towards to expand its business and wants to bring a certain set of changes in marketing and distribution system. In present time requirement of the market as well as people available in the market is changing due to which it has become important for Philips to bring changes in its sales and distribution system. People in present time are relying more upon E-commerce companies as they can get the products and services by just by making certain clicks and place the order of the products and services they want. Philips is still dependent on the online stores and local markets of the countries in which it is dealing with the sale of its products and services (Carlsen, et. al., 2013). Therefore, by understanding the market requirements and demand of the people available in the market Philips has decided to create an E-commerce website which could be accessed by the people available in different parts of the world. The E-Commerce website of the company will help it in increasing its sale and will help it in remaining in attaining success in the market (Franzoni, 2015). Hence, a report is developed which will help Philips in evaluating every single aspect related to the business case initiated by it. The report will include every single aspect which is required to be taken into consideration by a company working a new project. This report will include all set of aspects which are related to IT project management, information related to project management methodologies, approaches and tools will be shared in this section of the research. It is necessary that an organization should develop a proper plan before initiating any project. Working towards to develop a proper project plan will help the organization in managing its success and will help in completing the project according to the requirement (Reimann and Ketchen, 2017). Mission and Objective The mission of the project is to develop an online system with the help of which a proper framework could be developed which could help in managing the sale of its products and services in the market (Ghanem, Elgammal, 2016). Philips is a company which is working in many of the Asian countries. India is one of the Asian Countries which provides a huge potential for Philips. Therefore, Philips wants to expand in India so as to ensure that the company could attain competitive advantage and could move on the path of success and sustainability (Ebel, et. al., 2016). The objective of the company is to complete the project within the 3 years so that it could avail the online purchase facility to its customers available in different parts of the world. Another objective of the company is to increase its sales by 30% percent 6 months after the launch of the E-commerce website of a company (Reimann and Ketchen, 2017). Hence, understanding the mission and objectives of Philips it could be evaluated that it is a company which wants to remain indulged in the growth aspects and wants to ensure that new and innovative strategies could be adopted by the same so that its position could remain maintained (JIE, 2017). It could be analyzed that Asian countries are the main target of Philips as they provide the great potential for growth working towards which an assurance will be made by the company that it will attain competitive advantage and will keep on moving towards the better future. The expansion is a necessity for every business and it is required that a proper planning, as well as framework, should be developed by the company so as to expand its business. Developing a project plan and working towards to initiate that project according to the set plans helps the organization in managing the growth aspects (Anthony, Garner, 2016). For the companies dealing in the highly competitive market, it has become important that they should include innovation in their business practices. A project of an E-Commerce website for the products of Philips which will be available in various parts of the world is the best plan which could be initiated by the company (Mavridis, Gross-Amblard, and Mikls, 2016). The reason behind it is that in present time Philips avail its products and services only in the offline market. The company provides its franchises and stock points to the people in different parts of the world so as to manage its sale. Products of Philips are also availed in various retail chains. In this process of offering franchises and stock points, a physical infrastructure is required for which huge amount of investment is being made by the company. Therefore, by launching E-commerce website, the company would be able to reduce the number of distribution networks and will be able to provide its products and services at the lower rate (Cengage Lea Schwalbe, 2015). This will help Philips in attracting the people of Asian countries and will help in attaining succes s and sustainability in the market. Hence, it could be said that the decision of the Philips to develop an E-commerce website and to go online is really effective which will help the same in attracting a huge number of customers towards the business and will help it in moving on the path of growth and success (Shtub, 2017). Philips CSR Policies Presently Philips is working in the marketing of India in which company is growing on the growth rate. So as to ensure that the people of India could remain attached to the company, it prefers to remain indulged in the CSR practices. It is being analyzed that Corporate Social Responsibilities has become one of the most important aspects of the organizations dealing in any market. It has become important that these organizations should understand their corporate social responsibilities and should work towards to develop the policies and procedures which could help the company in maintaining the decorum of the market (Stanek, Babkin, Zubov, 2016). Understanding its corporate social responsibilities Philips has initiated a CSR program in India. To ensure that the corporate social responsibilities of the company could be maintained, in India company has initiated a Philips India Limited Company which remain indulged in the CSR activities and ensures to provide a support and helping hand for the people of India as well as for the society in which the company is working (Mainga, 2017). The business of Philips India Limited and its subsidiaries are located in various parts of the country which are providing the valuable CSR services to the people as well as to the market of India. Philips prefers to work towards the welfare measures for the community at a large scale which includes the employees working in a company and their families. Philips also prefers to make a positive contribution to the society at a large by organizing the social and cultural development programs which include educational services, training, providing social awareness especially to the people who are economical of backward class so that they can grow and generate an effective amount of income. Another CSR activity in which Philips remain indulged is of protection and safeguard of the environment and maintaining the ecological balance (Furnham, Gunter, 2015). These are certain CSR activities which are being initiated by Philips in the Indian market. The project of Philips is directly linked with its corporate social responsibility as by launching the E-commerce website company will be able to minimize the cost of the products it is selling in the market. This will help the customers in getting the products and services at a fair price. On the other hand by applying the new and innovative technology at the workplace company will be able to help its employees in learning new things and progressing in the market. Environmental sustainability will also be initiated by the company with the application of new project in the market (Castellanos, Cigarrn, Garca-Serrano, 2017). Reduction in the distribution channel and availing online centers will lead to reducing the transportation cost which will help in saving fuel. On the other hand, new job opportunities will also be availed by the company after initiating the project. To manage the transaction related work and purchase transactions and for various customer services and support facilities company will develop customer care service centers and customer helpline centers. This will help in increasing job opportunities in the market which again will provide a support to the target population and will also help in reducing unemployment from India and various other countrie s (Mainga, 2017). Hence, understanding the CSR aspects related with Philips it could be evaluated that the company has an effective set of plans and policies in relation to the welfare of the country and society in which it is working. It is required that the company should focus towards the development of the society and economy so that more opportunity could be created and sustainability could be obtained (Singhal, Agrawal and Sharma, 2016). For the companies like Philips working in a highly competitive environment, one of the most important aspects is attaining competitive advantage so that they could remain in the run of attracting customers towards its products and services and could attain sustainability. Hence, adopting new and innovative technology will provide a set path to the companies with the effect of which it will be able to manage its work process and will be able to ensure that it could sustain and attain success in the competitive market in which it is working (Reimann and Ketchen, 2 017) Business Case Definition Phillips is the company which is indulged in the electronic market which prefers to remain indulged in the practices of adopting new and innovative technology at the workplace (Sikwane, 2016). Electronic Industry is growing day by day in which there are a various set of competitors which are also increasing. In this situation, it becomes necessary that Philips should work towards to develop new and innovative ideas for its progress. The company wants that it should adopt the technology which could help it in its growth aspects with the effect of which sustainability could be obtained. Therefore, to ensure that the company could attain competitive advantage in the market company has developed a plan to initiate a new project which is related to the Program Logic Model (JIE, 2017). The company is planning to introduce its E-commerce website which will provide access to the target customers to visit the website and to place orders for the products and services. Various additional servic es like online payments, net-banking option, credit card payment and cash on delivery will also be available on the E-commerce website of Philips. An assurance will be made by Philips that they will provide the exact products which are being displayed on the website which will help the company in maintaining transparency and gaining the trust of the customers (Mavridis, Gross-Amblard, and Mikls, 2016). Business Case Aim Philips is one from one of the well-known names in the electronic market for which it becomes important that the company should have clear aims working on which it could attain competitive advantage in the market (Pder, Lukki, 2011). Philips is the company which works towards to provide innovation to the customers available in the market. Innovation is one of the aspects which are being kept on the priority of a company. The tagline of the Philips provides a clear image of its CSR activities which included sense and simplicity. This tagline is developed by the company so as to ensure that the day to day life of the people could become easy and simple with the help of the sensible items (Shtub, 2017). USP of Philips is improving peoples lives through meaningful innovation which means that the company prefers to remain indulged in the practices of improving the lives of people available in the market. Innovation has become one of the most important aspects of managing the day to day life. Hence, the aim of Philips is to improve the day to day life of people by providing sensible innovation. Philips has introduced its subsidiary in the Indian market which is known as Philips India Limited. This subsidiary of Philips aims at providing better and effective set of solutions to the people available in the market. Philips is the company which works towards for the welfare of the community and society in which it is working (Kucherov, Zamulin, 2016). The main focus of Philips remains with providing an effective set of solutions to the people available in the market so that they can grow and develop. The company prefers to ensure that it could avail job opportunities to the people available in the market in which it is working (Coronel Morris, 2016). Therefore, the company is going online which will help in availing job opportunities to the target population available in the market. This initiative of the company will also help in the economic growth of the country and will provide a growth opportunity for the society in which it is working. Business Case Scope E-commerce companies growing in the market as people available are relying more upon the online purchasing system and prefer to get the purchases delivered to their homes (Ghanem, Elgammal, 2016). In this changing society, it has become important for the companies to move online rather than relying on the physical stores or retail chain. Hence, taking the initiative to move online will provide an effective set of solution to Philips. The market of Asian countries will mainly be focused upon by Philips so as to ensure that it could attain competitive advantage. Philips is getting an effective set of response from the market of India as the population of India prefers to buy products and services via E-commerce website rather than visiting the physical stores. In this situation India becomes an emerging market for the companies like Philips and investing in the market will result in providing a fruitful response to the company with the effect of which it will sustain and attain compet itive advantage in the market (Franzoni, 2015). Hence, evaluating all the aspects and market situations it could be evaluated that the scope of the business case is very broad as it will definitely provide a positive response to the company with the effect of which it will be able to sustain and attain success in the competitive market it is working (Ebel, et. al., 2016). It could be suggested that Philips should work towards to develop a proper plan so that it could manage its growth in India and should remain indulged in the CSR activities. Remaining indulged in the CSR activities will provide a relevant set of support to Philips with the effect of which it will be able to earn customer loyalty and trust (Farber Canziani, et. al., 2012). CSR is becoming important for every single company working on the international level as it helps in enhancing goodwill in the economics with the effect of which more and more people get attracted towards the products and services of the company and prefers to remain attached with the company for a long period of time. Therefore, working towards the business case will definitely provide an effective set of support to Philips with the effect of which it will be able to attain success and competitive advantage in the international market. This will help the company in increasing its scope and will develop a support sy stem with the effect of which company will attract more and more customers towards its products and services and will be able to manage its position in the competitive environment of electronic industry (Carlsen, et. al., 2013). Business Stakeholders And Stakeholders Analysis Stakeholders play a very vital role in the growth of any business. These are the individuals or groups who either directly or indirectly remain attached or get affected by every single activity of the company. For a company like Philips working in the competitive market, it becomes important that it should work towards to identify all the stakeholders which are either directly or indirectly attached to the business process (Andries, Debackere, 2013). Identification of the stakeholders attached with the company will help the same in developing a proper plan which will help in fulfilling their needs and wants with the effect of which company will be able to process its work process in a smooth and subtle way. In this section identification of the business stakeholders will be done and with the help of their analysis, a trail will be made to understand their needs and wants to be attached to the process of the business (Benckendorff, et. al., 2012). Stakeholders Of Philips There are a various set of stakeholders which are attached with the company these stakeholders are: CEO and Chairman: Frans Van Houten is the CEO of Philips who took over the position on 1 April 2011. CEO of the company is one of the key stakeholders as he plays a very vital role in the growth of the company. CEO is a person who runs the business and makes all the big and effective set of decisions related to the business. In this case, it becomes necessary that Philips should provide an effective set of business to the CEO and should provide a growth chart which could help in developing more innovative decisions for the company (Kamath and Saurav, 2016). Major Brand suppliers: These are the external stakeholders of the company who gain plays a key role in its growth. Major brand suppliers are the people who prefer to work towards managing all set of supplies related to the company (Cheng, Wen, and Sun, 2015). It is required that Philips should provide all set of support to the suppliers so that they could remain in touch with the company. Customers: Customers are most important stakeholders of the company. Customers help the company in generating an effective set of revenue and help the company in managing its growth. It is necessary that Philips should remain indulged in the practices of developing new and innovative products and services for its customers so that they could remain in touch with the company. Providing products and services at a fair price and ensuring to maintain the quality of the product will help the customers in remaining happy and in remaining attached to the company (Al-Odeh, 2016). Shareholders: Shareholders again are the external stakeholders of the company who make an investment in the shares of the company. Shareholders are treated as the owners of the company as they help it in providing an effective set of funds and helps in managing its work process. In this situation, it becomes important that Philips should remain indulged in the practices with the effect of which value of its share could increase so that the stakeholders who have invested in the business could get an effective set of return on the investment they have made (Reimann and Ketchen, 2017). Government: Government is the external stakeholder who ensures that the decorum of the market could remain maintained and assurance could be made that fair trade could be maintained. The government applies the rules and regulations which help the companies in trading effectively and freely in the competitive market. In this situation, it becomes important that Philips should work towards to help the government by following all the policies and procedures, and should pay all the taxes and duties applied by the government to the trade (Singhal, Agrawal and Sharma, 2016). Employees: Employees are the key stakeholders attached with the company (Sheehan, 2008). These are the internal stakeholders who work towards to manage the production and various other aspects. Employees of the company play a very vital role in managing the productivity and fulfilling the demand of the market. Therefore, to help the employees it is necessary that Philips should work towards to provide better and effective infrastructure, it should ensure that all the employees should be treated equally in the workplace. It is also important that company should help in the growth aspects of the employees so that they can manage their personal life in an effective way (Mainga, 2017). Society: Philips is working in the international market in which it becomes necessary that the company should remain indulged in the CSR practices which could help in the growth of the society. It is required that the new business case of Philips should help the society in growing and should provide them a support with the effect of which development could be provided to the people available in the society (Liu, 2012). Stakeholders Analysis Low Interest High Interest Low Power Employees of Suppliers who work indirectly for the company Occupational Customers Loyal Customers who always remain attached to the products and services of the company Suppliers who manage the daily supplies of the company (Castellanos, Cigarrn, Garca-Serrano, 2017). Employees working in the company Keep Satisfied Key Players High Power Government of the country in which the company is working Shareholders of the company who have invested their money in the share. Society in which the company is working. CEO and Chairman of the company Major branded suppliers who help in maintaining the turnover of the company and provides a suitable path for the growth and sustainability. Stakeholders analysis provides a set path to the company in evaluating the importance according to the benefits and solutions they provide to the company (Anthony, Garner, 2016). It is necessary that a company should analyze the stakeholders so that it could develop the strategies and make the priorities of fulfilling the requirements of the stakeholders according to their needs and wants and the help and support they provide to the company. Philips is the company which remains indulged in the practices of gaining information related with its stakeholders and works towards to develop an appropriate set of strategies with the effect of which it manages to fulfill the needs and wants of every single stakeholder attached with the company (Wasson, 2015). Program Logic Model A program logic model is developed which will help in understanding the objectives of an organization. For an organization, one of the most important aspects is to develop a set framework with the effect of which understanding related with the growth aspects could be made so as to manage the progress of the company (Sikwane, 2016). This section will include a program logic model which will help in evaluating the smart objectives for the business case of Philips. These smart objectives are: SMART Objectives Philips is a company which beliefs in innovation for which the company is willing to make an investment of $1m. The project comprises of developing an E-Commerce website for all the countries in which the company is working. The project will require market research of all the countries which will require huge investment and time. In one 1 year company wants to complete the work related to market research and wants to gather the response of target population available in the market (Norman, Brotherton, and Fried, 2011). Another objective of the company is to complete the project within 3 years and establish a proper networking system in all the countries so that flow of information could be maintained and productivity could get increased by 20%. The company wants to make the investment of $1m which is estimated to be recovered in back in 3.5 years as with the introduction the E-commerce website objective of the company is to enhance its revenue by 30% within the 6 months of the introduction of the website (Norman, Brotherton, Robert, 2010). The company also has the objective of evaluating all set of potential risks within the 6 months so that strategies to mitigate these risk factors could be developed within the 3 months. This will help the company in processing the work in a smooth way related with the company and will help the same in attaining success by completing the project within the time frame of 3 years. Philips also aims at generating employment for the people of the country in which it will launch its customer care center. For the market of India, it is being estimated that the new project of Philips will open almost 50000 new job vacancies for 25 cities of India which will help the country in reducing unemployment (Miller, 2009). Hence, evaluating all the aspects and objectives of Philips it could be analyzed that the objective set by the company are Specific as they are developed on the basis of the plans and policies of the company (Miller, 2008). These objectives are measurable as productivity and review could be measured by making the comparison with the previous performance. The objectives set by Philips for the new project are attainable as it is easy to attain all the objectives within the time which is availed. Therefore, it could be said that all the objectives set by Philips are SMART and will help the company in attaining success and attaining competitive advantage. It could be evaluated that the objectives of the company will also help it in maintaining all the CSR activities and will provide a relevant set of opportunities of growth for the people living in the country (Mavridis, Gross-Amblard, and Mikls, 2016). Feasibility Analysis A feasibility study is one of the most important aspects attached with the evaluation and analysis of any new project. It is required that the companies working in a global market should indulge the practices with the effect of which evaluation of the effectiveness of the company could be done in a proper way (Lock, 2013). A data was collected from the annual report of Philips in which it was evaluated that company is financially sound so as to make such type of investment decision. It was evaluated that Philips is the company which remains indulged in the practices of environmental sustainability (JIE, 2017). With the help of the below graph, it could be evaluated that presently company is working on a project green innovation which will help in saving energy and will help the households in making an effective set of contribution in the environmental sustainability aspects. Innovation remains the prime focus of the company in which it prefers to work towards to develop some of the other new and innovative aspects which help the company in managing the sustainability and providing a relevant set of support in attaining success (Iland, 2013). Philips is a company which has developed three pillars of the Healthy people, sustainable planet, program. These three pillars are: Creating value for the customers by providing sustainable solutions (Haugan, 2012) Leading those customers by examples in all the sustainable operations of the company Multiplying the impact of the company by driving Sustainability with the help of supply chain, SWOT Analysis STRENGTHS WEAKNESSES Philips has its subsidiaries in more than 100 countries, availing jobs to more than 120,000 employees. Operations of Philips provide around 110+ production facilities. Philips has a market leadership and strong brand equity in the market. The company prefers to align operations with the market conditions so that its products could get increased. Customer loyalty is high The company remains indulged in the environmental sustainability aspects which enhance brand value in the market. Various legal tangles lead to tarnishing the image of the brand. High competition in the market for electronic appliances. Higher price quotients as compared to the competitors (Furnham, Gunter, 2015). OPPORTUNITIES THREATS Growth through the inorganic route creates an opportunity for growth to Philips. Demand for the sustainable and green lighting is increasing in the market. Growing opportunity in the markets of India and China (Desmond, 2016). Push from various government and environmental activists for the greener products is creating opportunities for the companies. The business environment is highly competitive. Counterfeit goods create major threat chances for the big brands like Philips. Fluctuations in the exchange rates affect the trade of the company. Availability of cheaper technological and electronic appliances creates a huge competition for the company and affects its revenue. Hence, understanding all the aspects related to the sustainability aspects of the company it could be evaluated that Philips is the company which remains indulged in the practices of helping the society and developing new and innovative aspects with the effect of which direction could be provided by the company (Mainga, 2017). In short, it could be evaluated that the new plan developed by the company is feasible as it will help in spreading sustainability in the market also the project will help in developing a support system for the people who are unemployed. Understanding all the aspects related to the progress and evaluating the financial position of the company it could be evaluated that Philips is the company which can help in creating sustainability in the environment. Innovation is one of the aspects which is being focused by the company with the effect of which an assurance could be made that the new project on which it is working will definitely help the company in a growing and will also help the society attaining sustainability. Therefore, it wont be wrong if it is being said that the project initiated by Philips is feasible with the effect of which assurance could be made that appropriate support will be provided by the project of Ecommerce to the people available in the society. Employment generation and positive contribution to the economic growth makes the project feasible and effective (Reiss, 2013). Schedule S. No. Project Activities Start Months 2017-2020 End Month 2017-2020 0 Philips Project Management Oct 2017 Feb 2018 1 Collecting Information Jan 2018 May 2018 2 Adoption of the Resources March 2018 Sept 2018 2.1 Setting Goals March 2018 June 2018 2.2 Requirement Analysis June 2018 July 2018 2.3 Risk Management July 2018 Aug 2018 2.4 Indicating Process Flow Aug 2018 Sept 2018 3 Project Plan Development Sept 2018 Jan 2019 3.1 Timescale Development Sept 2018 Oct 2018 3.2 Project Deliverable Evaluation Oct 2018 Nov 2018 3.3 Module Development Nov 2018 Dec 2018 3.4 Bifurcating Activities Dec 2018 Jan 2019 3.5 Setting of Priority Jan 2019 Feb 2019 3.5.1 Developing Geographical Placements Jan 2019 Feb 2019 4 Plan Execution Feb 2019 Aug 2019 4.1 Software Introduction Feb 2019 March 2019 4.2 Project Structure Designing March 2019 April 2019 4.3 Programming April 2019 June 2019 4.4 Code Generation June 2019 Aug 2019 5 Closing Project Aug 2019 March 2020 5.1 Checklist Aug 2019 Oct 2019 5.2 Managing Change Oct 2019 Nov 2019 5.3 Report for Management Nov 2019 Jan 2020 5.4 Testing Jan 2020 Feb 2020 6 Termination Feb 2020 March 2020 Gantt Chart Project management is a very crucial task in which it is required that an organization should develop a proper plan before progressing for the future. It is required that an organization should prepare a proper list of the resources which will be required to manage the project. Developing a list of the resources required for the project management helps the company in making a proper and relevant set of estimation of the budget and time which will be required to be invested in the project. Therefore, it is necessary for the company that it should evaluate all the resources in a well in advance form before initiating the project (Pigott, Hobbs, 2016). Human Resources Human resources are the most important aspects attached to any project. It is impossible to develop any project without human resources as these are the people who develop a proper project plan, these are the people who work towards to evaluate every single coding and design information about the project (Wasson, 2012). Hence, it is necessary that Philips should evaluate all the human resources and prepare a proper list so that recruitment and selection of the required resources could be done in a proper and effective way. Resources Role and responsibility 20 Market Researchers 20 market researchers will be hired on a contract basis that will be provided the responsibility of indulging in the markets of 20 different countries. These researchers will develop a research report of each city in which information related to the needs and wants and views of people in relation with Philips will be gathered. This will help Philips in developing an effective set of understanding with the needs and wants of the people available in the market of these 20 countries. 5 IT Professional 5 IT professionals will be hired who will work in the E-commerce website of the company (Kucherov, Zamulin, 2016). These IT professionals will be hired on a contract basis that will help in designing a website which could attract the people towards it and help them in placing their orders in a proper way. 4 Members Team of Research and Development The team will ensure that the work should move according to the requirements of the people available in the market. It is important that these team members should work towards to evaluate the changes if they are applicable on the progress of the project. Physical Resources Resources Their Usage 5 Systems IT professionals hired will work on the fully upgraded systems. These systems will help in designing the E-commerce website and developing a networking system which is really effective. Vehicle Facility for the Researchers Vehicles will be provided all the 20 researchers and convenience fairs will also be provided. This will help them in saving their time and gathering an effective set of information from different parts of the countries in which they are researching. Mobile Phones Mobile phones will be provided to all the IT professionals as well as research and development team members. These mobile phones will only be used for the official purpose. Personal use will be strictly prohibited. This will help all the team members in maintaining the information system and remaining up to date (Khan, et. al., 2016). Evaluating the budget for the project of Philips it could be evaluated that the project of the company is feasible. With the help of the analysis, it could be evaluated that the project of the company is feasible. The break-even analysis will occur in 3 years and 48 days. The company will definitely earn an effective set of revenue after implementation of the project and will be able to manage its success in the market (Cengage Lea Schwalbe, 2015). Conclusion At the end, it can be concluded that the project initiated by Philips is feasible which will help the company in attaining success in the market. It is required that the companies available in the market should work towards to develop a proper plan and should work towards to manage the things according to the plan. Indulging in the activities of project management and market research always provides an effective set of solution to the company. It is necessary that the company should evaluate all the aspects related to the project and should evaluate whether it is feasible or not. This will help the company in making an effective set of the decision of whether it should go with the project or not. It could also be concluded that market of India provides a huge potential for growth, hence Philips should work towards to develop the strategies with the effect of which it could sustain in the market of India and could attain competitive advantage with the effect of which success could be obtained by the company. References Al-Odeh, M. (2016). Supply Chain Information Systems Technologies and Management Strategies in Northern Minnesota.Journal of Supply Chain Management Systems, 5(2), pp.54-59. Andries, P. and Debackere, K. (2013). Business Model Innovation: Propositions on the Appropriateness of Different Learning Approaches.Creativity and Innovation Management, 22(4), Pp. 337-358. Anthony, S. and Garner, B. (2016). Teaching Soft Skills to Business Students: An Analysis of Multiple Pedagogical Methods.Business and Professional Communication Quarterly, 79(3), pp.360-370. Benckendorff, P., Moscardo, G., Murphy, L. (2012). 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Project to plan for significant process change.IEEE Engineering Management Review,44(2), Pp. 15-16. Ebel, P., Bretschneider, U. and Leimeister, J. (2016). Leveraging virtual business model innovation: a framework for designing business model development tools.Information Systems Journal, 26(5), 519-550. Farber Canziani, B., Snmez, S., Hsieh, Y., Byrd, E. (2012). A Learning Theory Framework for Sustainability Education in Tourism.Journal Of Teaching In Travel Tourism,12(1), Pp. 3-20. Franzoni, S. (2015). Measuring the sustainability performance of the tourism sector.Tourism Management Perspectives,16, Pp 22-27. Furnham, A. and Gunter, B., (2015). Corporate Assessment (Routledge Revivals): Auditing a Company's Personality. Routledge. Ghanem, M., Elgammal, I. (2016). Communicating sustainability through a destinations website: a checklist to inform, motivate, and engage stakeholders.Journal Of Travel Tourism Marketing,12(2), Pp. 1-13. Haugan, G. T. (2012). The New Triple Constraints for Sustainable Projects, Programs, and Portfolios. CRC. Howard, D., Lock, G., Bryant, P. (2009). FCS Systems Analysis Design L4. Pearson. Iland, A. (2013). Time Management: Getting More Things Done in Less Time. JIE, Z. (2017). Exploration and Analysis on Professional Financial Skill Teaching of Applied Undergraduate Accounting Specialty.DEStech Transactions on Economics, Business, and Management, pp.122-133. Kamath, N. and Saurav, S. (2016).Handbook of research on strategic supply chain management in the retail industry. Hershey, PA, USA: Business Science Reference. Khan, F., Thodi, P., Imtiaz, S. and Abbassi, R., (2016). Real-time monitoring and management of offshore process system integrity. Current Opinion in Chemical Engineering, 14, 61-71. Kucherov, D. and Zamulin, A., (2016). Employer branding practices for young talents in IT companies (Russian experience). Human Resource Development International, 19(2), Pp. 178-188. Levin, P., (2007).Skilful Time Management. Maidenhead: McGraw-Hill International (UK) Ltd. Liu, J. (2012). Microfinance Risk Management with Work Breakdown Structure.Journal of Financial Risk Management, 01(03), pp.38-41. Lock, D., (2013).Project management. Farnham: Gower Publishing. Mainga, W. (2017). Examining project learning, project management competencies and project efficiency in project-based firms (PBFs).International Journal Of Managing Projects In Business,10(3), Pp. 114-117. Mainga, W. (2013). Understanding criticalities of project management.International Journal of Managing Projects in Business, 10(3), pp.122-133. Mavridis, P., Gross-Amblard, D. and Mikls, Z. (2016). Using hierarchical skills for optimized task assignment in knowledge-intensive crowdsourcing. In Proceedings of the 25th International Conference on World Wide Web. Pp. 843-853. Miller, D. P. (2008). Building a Project Work Breakdown Structure: Visualizing Objectives, Deliverables, activities, and Schedule. 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Thursday, April 23, 2020

Unconscionability free essay sample

The corollary is, of course, that unconscionability exists by definition whenever there is an assurance, reliance and detriment, because non-performance of the assurance after the detriment will always be unconscionable. Such a view is at odds with those who view unconscionability as at the heart of the doctrine – in the sense of providing its underlying rationale – because, quite simply, it denies the concept of any discernable meaning. Critically analyse, explain and evaluate this statement in the light of recently decided case law and academic commentaries. To asses and evaluate this statement it first has to be deconstructed and analyzed separately. Then the doctrine and history of proprietary estoppel must be looked at to gain a full understanding of both views the statement provides. Also the manner in which it is applied by the judiciary and the changes to its ideology that have made it what it is today. Unconscionability is crucial element within proprietary estoppel and although it may govern the doctrine, its meaning, application and understanding varies and can appear somewhat vague. We will write a custom essay sample on Unconscionability or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Only once unconscionability has been established may a judge look to â€Å"estopp† what has been deemed unconscionable. However there are two opposing views on the terms of unconscionability and the focus of this essay will be to address both views based on precedents from recent case law which determine when and how unconscionable behavior may allow a proprietary estoppel to arise. The first view on proprietary estoppel and when it is established through unconscionablity is in Wilmott v Barker in the form of the five ‘probandas’. Two relate to the person seeking to raise the estoppel. He must have made a mistake as to his legal rights and must have spent money or done some other act in reliance on his mistaken belief. The other three relate to the person who is said to be being â€Å"estopped†. He must have a right that is inconsistent to the other parties mistaken belief, he must be aware of the mistake and he must have encouraged the other party to act in reliance on that belief. However, more recently, as in, Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd where the tenant was seeking an estoppel failed to meet the strict requirements of Wilmott v Barker but in the judges view it required a broader approach. This lay the groundwork for later judges to have a wider, more modern approach to proprietary estoppel. It would be unconscionable for a party to be permitted to deny that which, knowingly or unknowingly, he has allowed or encouraged another to assume to his detriment†. This statement has particular relevance to the first view on unconscionability proposed in the question. Put simply, the whole understanding behind proprietary estoppel and unconscionability is by no means black upon white but rather each case needs a particular look at the background a nd authorities within it to judge whether the actions may be deemed unconscionable and estoppel may arise. When the case, Cobbe v Yeoman’s Row Management Ltd, reached the House of Lords in 2008 it was thought that there would be some clarity over the issue of proprietary estoppel and in particular, the role of unconscionability. Unfortunately, what arose from this was just an addition to the ‘grey area’ that is unconscionability. He stated, â€Å"to treat a proprietary estoppel equity as requiring neither a proprietary claim by the claimant nor an estoppel against the defendant but simply unconscionable behavior is, in my opinion, a recipe for confusion†. This take on proprietary estoppel puts forward the opinion that to base a claim of proprietary estoppel on unconscionable behavior only would be confusing and to some extent unfair as the three traditional elements of assurance, reliance and detriment must still be present. Lord Walker also proposed his opinion on unconscionability saying, â€Å"Unconscionability does, in my opinion, play a very important role in the doctrine of equitable estoppel, in unifying and confirming, as it were the other elements. If the other elements appear to be present but the result does not shock the conscience of the court, the analysis has to be looked at again†. This idea simply reiterates Lord Scott’s view that unconscionability on its own, or meeting the three factual requirements do not constitute a proprietary estoppel but instead work in unison and with the courts discretion come to a solid conclusion on whether an equitable estoppel may arise. After this the position on unconscionability was left once again obscure, â€Å"If taken literally, this reformulation would have curtailed the reach of estoppel†. As in the aforementioned Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd a broader test was adopted to asses whether the conduct complained about was indeed unconscionable. Again, this is at odds with other statements within the judgment and again brings forth confusion as it explains that a case of proprietary estoppel can not be solely based on unconscionable behavior but also required the three traditional elements. The first of these three elements is representation, or an assurance of rights, which gives way to an expectation as to the future rights of the land for the claimant. This representation can simplified as the, â€Å"encouraging of a course of action which it would not be sensible for the claimant to undertake unless he was not to be granted some interest in the property†. A more modern approach was shown in Inwards v Baker. In this case a son had built a bungalow on his father’s land, and on his suggestion and was lead to believe that he would occupy it after his father death but in fact the land had been left to others. The Court of Appeal held that the son had permission allowing him to remain on the property as long as he wished and because he altered his position to his detriment in reliance on a belief induced by his fathers conduct. Lord Denning stated, â€Å"The son had a license coupled with an equity such that any purchaser who took the land from the owner with the notice of the son’s interest would also be bound by the equity† Another aspect of this factual element is that these representations may be made in ‘willful silence’. In other words, if one knows but does nothing when a person has built on his land, equity considers that it would not be just to allow the landowner to take advantage or profit from it. As in Ramsden v Dyson where Lord Wensleydale commented, â€Å"if a stranger built on my land, supposing it to be his own and I, knowing it to be mine, do not interfere but leave him to go on, equity considers it to be dishonest in me to remain passive and afterwards to interfere and take profit. † This opinion, albeit dated, still has some effect in more contemporary cases because it looks to find a fair and just solution to problems that could arise by a defendant looking to unjustly aquire land which may knowingly belong to him but would be unfair to be given to him as he did not assure the other it was his. The second of these traditional elements is a reliance or a change in position. It is an essential element in establishing an estoppel that the claimant has relied on the representation. If reliance can be proven then the burden falls on the person who has made the representation and is now contesting the estoppel to show that the claimant had not relied on it as in Greasley v Cooke. â€Å"Once it is shown that a representation was calculated to influence the judgement of a reasonable man, the presumption is that he was so influenced†. This requirement curtailed the range of the doctrine and again, confusion arose because of its inconsistencies made by the Court of Appeal. The last of these three traditional requirements is that the claimant must act to his detriment. This ‘detriment’ may involve the expenditure of money or a sufficient amount of physical effort that could be considered detrimental to the claimant and or beneficial to the property owner or the property owners land. In Basham, the claimant and her husband had looked after her stepfather, providing him with meals and working in his house and garden and continued living in the nearby area so that they could continue to care for him. It was held that the principle of proprietary estoppel extended to acts done in reliance of a belief that future rights would be given and was not limited to acts done in a reliance on a belief relating to an existing right. In the case Re Gillet v Holt where G brough an action against H who replaced G as the main beneficiary of H’s will. Relying on Basham H was bound by proprietary estoppel to give the whole of his estate to G. H contended that while the decision in Basham must be correct, if the doctrine based in that case were applied literally, an intended beneficiary could transform a mere expression of intention into a binding promise by acting to his detriment in reliance upon it without the testate’s knowledge. In the decision, the converse approach to proprietary estoppel was presented by Carnwath, J. He dismissed the approach of the three strict requirements but suggested that the over riding principle of proprietary estoppel was unconscionability and it could not be considered unconscionable for someone to go back on his promise unless he was are of the detriment being suffered in reliance on the promise. The Court of Appeal actually went further than this, describing that, â€Å"estoppel was an equitable doctrine to remedy unconscionability†. They provided an adamant opinion in that they â€Å"were not to back down estoppel into the rigid compartments of assurance, reliance and detriment for they act upon eachother, the quality of the relevant assurance can influence the issue of reliance and this can be interwoven with detriment. † In light of Cobbe and with regards to Thorner v Major it is clear that a case for unconscionable behavior is entirely dependant on the context. In Thorner a mere informal assurance may have been enough for a proprietary estoppel to arise due to its specific background. Whereas in Cobbe it is a commercial agreement that would obviously require a stricter approach. Re Cobbe concerned a promise to enter into a commercial contract with a developer who then spent time and effort obtaining planning permisiion at the end of which the defendant tried to renegotiate the financial terms which had been agreed in principle. Lord Scott rejected proprietary estoppel as a remedy because â€Å"the promise in principle had not been the promise of a proprietary right but of a contract† and that there had to be a â€Å"certain interest† in land. Lord Walker had a different view and suggested that some of the domestic cases were wrongly decided in the sense that the parties only hoping they would obtain rights rather than believing they would do so. In Thorner the relationship between the defendant and the claimants knowledge was less formal, in fact, familial. D was the owner of a farm, which P had been working on for thirty years and because of this believed that he would inherit it. Although no direct words had been spoken about handing over the farm to P, in 1990 a Prudential Bonus Notice was given by D to P relating to two policies on D’s life. The House of Lords decided that the giving of such notice constituted a ‘clear and unequivocal’ representation or assurance on which P was allowed to rely on. However, this was used as a basis for the appeal being allowed although the Lords had differing opinions on the subject. Lord Walker said that, â€Å"To establish a proprietary estoppel the relevant assurance must be clear enough. What amounts to sufficient clarity, in a case of this sort is hugely dependent on context†. Lord Neuberger then stated, â€Å"The relationship between P and D was familial and personal and neither of them had much commercial experience. P made, what were, in the circumstances, clear and unambiguous assurances that he would leave his farm to D and D reasonably relied on, and reasonably acted to his detriment, on the basis of those assurances, over a long period. † This case made it somewhat easier to grasp the flexible nature of unconscionability. In a way it also made it easier to establish that assurances made in a family context do not follow in the way of the more formal ‘contractual’ agreements where wording may be more precise and direct and therefore allowing a decision on the assurances and whether those assurances were known by and acted upon by the claimant. Even with all its obscurities and ambiguity it can be said with a reasonable amount of confidence that unconscionability is the logical basis of proprietary estoppel. Many scholars maintain that it must be used in conjunction with the three factual criteria as when looked at on its own can be far too broad. It is commonly believed that the only work the concept of unconscionability should be doing is in the law of proprietary estoppel is to look for a ‘fairness’ within improper and dishonorable dealings and to point out by way of remedy to protect the interest of the reliance. If only one approach were used in defining unconscionable behaviour then it would be inevitable that some cases would have an unjust result. It is the juxtaposition of both these ideas and a defining knowledge of where and when to use them which would result in the most equitable remedy. It is this flexible nature that allows unconcscionable behaviour to be remedied because, although in some cases, the three factual requirements may not be present in their truest form there is still a way that the judiciary may come to a just conclusion. The idea that unconscionability on its own cannot induce a proprietary estoppel may be true but it is also present to deny claims where there is apparent assurance, reliance and detriment as so to find a fair result.