The pricing strategy that involves dividing the market into segments and then charging different prices based on the price sensitivity of each segment is called market segmentation.
This approach aims to maximize revenue by charging the highest possible price for each segment without losing customers. It is also known as discriminatory pricing because it discriminates between different groups of buyers. The pricing differences based on the price elasticity characteristics of these segments are known as elasticity pricing, which means charging a higher price for products or services that are more inelastic or less sensitive to price changes. In contrast, charging lower prices for products that are more elastic or more sensitive to price changes is known as inelastic pricing. Overall, market segmentation and elasticity pricing are important tools for businesses to optimize their pricing strategies and achieve their revenue goals.
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N the knowledge economy, if a large portion of company value is in intellectual and human assets, the difference between the market value and book value of the company should ________ a company with mostly physical and financial assets.
It will be expected that the difference between a company's market value and book value should be larger than a company with mostly physical and financial assets if the large portion of company value is in intellectual and human assets.
What is an intellectual/human assets?These are asset possessed by a firm that ranges from human capital, information capital, brand awareness, instructional capital etc.
These are assets that can be improved when a firm hires better employees, conduct training programs, develops new patents etc
In conclusion, since the large portion of company value is in intellectual and human assets, then, the market/book value would be larger than a company with mostly physical/financial assets.
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discuss how businesses can use mind mapping and brainstorming to identify new and innovative business opportunities
Answer: A mind map can be used by businesses to brainstorm thoughts and ideas organically.
Explanation:
By plotting ideas into a diagram, you can turn often complex, monotonous information into an organized, colorful, and memorable centralized format.
Select the examples that best represent Architecture and Construction customers. Check all that apply.
a supermarket company that wants to build a new store
a company that needs its vehicles to be maintained
a homeowner who wants the house cleaned for a party
a company that cleans up pollution in rivers
a homeowner who wants to remodel the home
a city that wants to repair its roads
Answer:
Explanation:
1 5 6
The best examples that represents a person that works in construction and architecture are:
a supermarket company that wants to build a new store.a homeowner who wants to remodel the homea city that wants to repair its roadsWhat is architecture?This is a type of job that requires the modeling of houses. Architects are people that are involved in the building and the remodeling of houses and buildings.
A construction worker is a person that works on site. Such people are known to fix roads.
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A monopoly will price its product: a. where total revenue is maximized. b. where total costs are minimized. c. at that point on the market demand curve corresponding to an output level in which marginal revenue equals marginal cost. d. at that point on the market demand curve which intersects the marginal cost cur
A monopoly will determine the price of its product by considering where total revenue is maximized, where total costs are minimized, and most importantly, where marginal revenue equals marginal cost. It will set its price at the point where the market demand curve intersects the marginal cost curve.
A monopoly is a situation where a single firm dominates the market and has the power to set prices. In this scenario, the monopoly will determine the price of its product based on a few different factors. Firstly, it will consider where total revenue is maximized, which means finding the price point that generates the most revenue for the company. This is important because a monopoly aims to maximize profits.
Secondly, the monopoly will also look at total costs and try to minimize them. This means finding ways to produce and sell the product at the lowest possible cost to the company while still maintaining a certain level of quality.
However, the most important factor in determining the price of the product for a monopoly is where the marginal revenue equals marginal cost. Marginal revenue refers to the additional revenue generated by selling one additional unit of the product, while marginal cost refers to the additional cost incurred by producing one additional unit of the product.
The monopoly will aim to produce and sell the product at the point where marginal revenue equals marginal cost, as this is the most efficient level of output. This point can be found on the market demand curve, which shows the relationship between the price of the product and the quantity demanded by consumers. The monopoly will set its price at the point where the market demand curve intersects the marginal cost curve.
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Explain how Naïve Bayes Model works effectively? Give Five (5)
points
Naïve Bayes Model is a probabilistic method that uses Bayes theorem. It is a classification method that is used for the classification of objects that have certain characteristics, it's simple to implement and generates accurate results, but it has a basic assumption that the attributes are independent of one another.
Here are five ways that Naïve Bayes Model works effectively:1. The model is easy to implement and is relatively straightforward to understand. It is also computationally less complex and has a high speed of training.2. The algorithm works effectively even when the data is skewed or when the data set is too large.3. Naïve Bayes is very effective in identifying spam or non-spam emails, making it very useful for email filtering.4. The model has a low probability of overfitting, even with complex datasets.5. The model is particularly useful in cases where there are multiple classes in the dataset and the variables are independent of each other.
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Sea Level Please go to https://climate.nasa.gov/vital-signs/sea-level/ and look at the graphs on the right. This graph is showing sea level over time as measured using satellites. Use the graph to answer these questions: 13) How much has sea level risen since 1995?14) How much has sea level risen since 1880?15) What is the current rate of increase in sea level?16) By how many feet would sea level increase over the next 100 years if this rate stays constant? Calculate your answer in mm, and then convert to feet using an online conversion calculator.17) Scientists have estimated that sea level will rise as much as 6 feet by 2100. Why is this number different from the one you calculated above? Cite a source for your explanation.18) Find one news or journal article that discusses the issue of sea level rise. Give the link to the article, with a 2-3 sentence summary.
The sea level has risen approximately 92 mm (or 3.62 inches) since 1995.
The sea level has risen approximately 200 mm (or 7.87 inches) since 1880.
Using the graph on the NASA website, we can estimate the sea level rise over specific periods. Since 1995, the sea level has risen by approximately 92 mm, and since 1880, it has risen by approximately 200 mm. The current rate of increase in sea level can be determined by looking at the slope of the graph.
To calculate the sea level rise over the next 100 years, we need to assume a constant rate of increase. However, it's important to note that the rate of sea level rise is not constant and can vary in the future due to various factors.
The estimation of a 6-foot rise by 2100 is based on scientific models and projections that consider additional factors and potential acceleration of sea level rise.
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Which of the following does not represent a copyright?
Answer:
what are the options so i can help.
Explanation:
what occurs during the process monitoring step of business process management? multiple choice analysts use flowcharts and other tools to depict workflow. activities are examined and divided into their individual components. the business process execution language engine is run. managers track the individual components of the process as well as the process as a whole so that the performance of the engine can be measured.
The process monitoring step of business process management involves using flowcharts to visualize the workflow, examining activities as individual components, running the BPEL engine to execute the process, and tracking performance to measure the effectiveness of the process.
During the process monitoring step of business process management, several activities take place to ensure efficient workflow and performance. These activities include:
1. Analysts use flowcharts and other tools to depict the workflow: Flowcharts visually represent the steps and interactions within a business process. This helps analysts understand the process and identify any inefficiencies or bottlenecks.
2. Activities are examined and divided into individual components: Analysts break down the process into its individual components to gain a deeper understanding of each activity. This allows for better identification and analysis of potential issues.
3. The business process execution language (BPEL) engine is run: The BPEL engine is a software component that executes the defined business process. During process monitoring, the engine is run to execute the process and track its progress.
4. Managers track individual components and the process as a whole: Managers monitor the performance of both individual components and the overall process. This allows them to measure the effectiveness and efficiency of the process and identify areas for improvement.
In conclusion, the process monitoring step of business process management involves using flowcharts to visualize the workflow, examining activities as individual components, running the BPEL engine to execute the process, and tracking performance to measure the effectiveness of the process.
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if the previous account balance and the current entry posted to an account are both credits, the new account balance is a credit.
To a general ledger accounts, the adjusting entries should be posted. Until it is moved towards the owner's capital account, information is accumulated in temporary accounts.
What do the terms capital account & current account mean?The capital and current accounts make up the two sides of a country's balance of payments. In contrast to the capital account, which chronicles the net change in assets and liabilities over the course of a year, the current account shows a nation's net income over time.
Which two forms of capital accounts are there?In a partner form of business organization, a capital account can be kept in one of two ways: 1) fixed capital account, or 2) fluctuating investment portfolio.
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(13 points) APY is a(n) ____.
A. noncompounding interest rate
B. daily interest rate
C. interest rate advertised by lenders
D. interest rate advertised by borrowers
Answer:
C. interest rate advertised by lenders
Explanation:
APY stands for Annual percentage yield. It is the rate at which deposits earn interest in a checking or savings account. In other words, APY represents the amount of interest a deposit earns for one year when in a bank account.
The APY is a standardized presentation of interest to be earned. It incorporates all considerations, such as the compounding effect. APR makes it possible to compare expected returns from various financial instruments or institutions.
Which of the following is considered an example of a brand as a promise for a company or organization? the sum total of what individuals think, see, feel, know, hear, experience, and believe about a service or product the position an offering or company holds in a customer's mind that is based on past interactions and experiences
A company's promise of what its offerings will bring to an interaction with a person is considered an example of a brand as a promise for a company or organization
What is Brand?A brand is a good, service, or idea that is publicly set apart from similar ones so that it can be promoted and communicated more effectively. The act of branding involves developing and promoting a brand's name, attributes, and personality. The term "Brandr," which is from Old Norse and means "to burn," is the source of the current word "brand." A "brand" was a chunk of burning wood in the year 950 A.D. By the 1300s, it was mainly used to denote a torch—basically, a flaming piece of wood used as a tool.Even without a staffed office or official letterhead to support it, anyone can easily establish their own brand. Additionally, you don't have to be a celebrity to believe that you require a personal brand. Creating an image is crucial when a person is trying to advertise themselves. A personal brand is a well-known and largely consistent perception or impression of a person based on their experience, skills, abilities, behaviours, and/or successes within a community, industry, or the general marketplace.To learn more about Brand refer to:
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Lilly, Briah, Chloe, and Terry are the directors and equal shareholders of Fantastic Holidayz Pty Ltd, a company that runs an exclusive airline company and operates in several high-rise office buildings in Melbourne. Briah is the Managing Director and Terry is the Chief Financial Officer. Lilly and Chloe are non-executive directors. The Company has adopted a written constitution which contains the following clauses: (36) A directors' meeting may be called by a director giving reasonable notice individually to every other director (37) Quorum for directors' meetings is four directors and the quorum must be always present during the meeting (42) A resolution of the majority of directors may resolve to remove another director of the company. Business is booming, and Fantastic Holidayz has made a great deal of money over the last few years. However, the Board of Directors have rejected Lilly's proposal to declare a dividend for the last 7 years in a row - and she is getting fed up. The other directors always outvote her, arguing that it is better to keep the profits in reserve and continue to expand the business. Terry is currently investigating the possibility of opening further destinations to their itinerary In October 2017 Lilly was overseas for a family funeral and on her return to Melbourne, she discovers that the other directors have met and passed resolutions to remove her as a director of the company. Lilly did not receive any notice of the director's meeting. In another resolution, the remaining directors voted to pay themselves $500,000 in bonuses - equating to the entire year's profit. Lilly is angry that she has been removed and not paid a bonus and comes to you for your professional advice and opinion. Further, Fantastic Holidayz has a longstanding agreement with several travel agencies, and in January 2018, Fantastic's financial accounts showed that one agency owed the company $85,000, and there was no applicable security Recently, Lilly discovered that by June 2018 the debt owing to Fantastic Holidayz had blown out to $200,000. Terry had approved additional credit without the knowledge of the other directors. He did this, even though the agency had been taking a long time to pay its overdue account. Additionally, there are now rumours that are insolvent, but this cannot be proven. REQUIRED: 1. Discuss whether Lilly can bring any action to challenge the other directors' decision to deny dividends for several years and then pay themselves bonuses? (5 marks) 2. Advise Lilly about the process and potential outcomes if the travel agency is placed into voluntary administration - and any implications of this on Fantastic Holidayz. (5 marks) 3. Advise Lilly about whether Terry has breached any of his statutory duties as a director of Fantastic Holidayz. Include in your answer the consequences of a breach of duty, whether Lilly could bring an action for compensation on behalf of the company against Terry, and whether there are any defences available.
It is important for Lilly to consult with a legal professional to assess the specific circumstances and determine the most appropriate course of action. Legal advice tailored to the jurisdiction and applicable laws should be sought.
1. Lilly's Challenge to Dividend Denial and Bonus Payment:
Lilly may have grounds to challenge the other directors' decision to deny dividends for several years and then pay themselves bonuses. The key considerations are as follows:
a) Breach of Fiduciary Duty: Directors owe a fiduciary duty to act in the best interests of the company. By consistently rejecting dividends despite profitable operations, the directors may be breaching this duty if their decision is not justifiable and reasonable. The decision to pay themselves bonuses without Lilly's approval further strengthens her case.
b) Unfair Prejudice: Lilly may argue that the denial of dividends and payment of bonuses unfairly prejudice her interests as an equal shareholder and director. This argument can be supported by the fact that dividends have been consistently denied for several years, and the bonuses were paid without her knowledge or consent.
c) Oppression of Minority Shareholder: If the other directors' actions substantially interfere with Lilly's rights as a shareholder and director, it could constitute oppression of a minority shareholder. Denying dividends and paying bonuses in a manner that excludes Lilly's interests may be viewed as oppressive.
Lilly can potentially bring legal action seeking remedies such as an injunction to stop the bonuses, an order for dividends to be paid, or a buyout of her shares at a fair value.
2. Travel Agency in Voluntary Administration:
If the travel agency owing $200,000 to Fantastic Holidayz is placed into voluntary administration, the process and potential outcomes can be summarized as follows:
a) Voluntary Administration: Voluntary administration is a process where an external administrator (usually a registered liquidator) takes control of the insolvent company to maximize returns for creditors. The administrator assesses the company's financial position and explores options, such as restructuring or selling the business.
b) Outcomes and Implications: During voluntary administration, the administrator may propose a Deed of Company Arrangement (DOCA) to the creditors. If approved, it could allow the travel agency to continue operating and repay the debt over an agreed period. Alternatively, if the company's financial situation is deemed irreparable, the administrator may recommend liquidation.
For Fantastic Holidayz, the outcome depends on the recovery of the debt. If the travel agency is unable to repay the owed amount, Fantastic Holidayz may have to write off the debt as a loss, potentially impacting their financial position. The impact could be significant if the debt is material to the company's operations.
3. Terry's Breach of Director's Duties:
Terry, as the Chief Financial Officer and a director of Fantastic Holidayz, may have breached his statutory duties. The key considerations are as follows:
a) Duty of Care and Diligence: Directors must exercise reasonable care, skill, and diligence in fulfilling their roles. Terry's approval of additional credit without the knowledge of other directors could be seen as a failure to exercise due care and diligence. The consequences of a breach may include personal liability for any loss suffered by the company.
b) Duty to Act in Good Faith and for Proper Purpose: Directors must act in good faith and in the best interests of the company. By approving additional credit for a customer with an outstanding overdue account, despite potential insolvency concerns, Terry may have breached this duty.
c) Consequences and Action for Compensation: If Terry is found to have breached his statutory duties, consequences may include personal liability for any loss suffered by the company due to his actions. Lilly, as a shareholder, may have standing to bring a derivative action on behalf of the company to seek compensation from Terry for any losses incurred.
d) Defenses: Terry may raise defenses such as relying on professional advice, acting in good faith, or having the belief that his actions were in the company's best interests. However, these defenses may not absolve him entirely from liability if his actions are found to be unreasonable or against the company's interests.
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2. What advice does the model in the video give to consumers? Do you think this is good
advice? Why or why not?
Answer:Model in the video give the consumers have the attitude of keeping it simple.by the use of models in the video, it is simple in that there is a lot of message that is passed hoping that more individuals will b reached by it.
Relatively there I an increasingly marketing procedures that accrue by this process followed by that pull customers upto their fold, this avouda a rwlentless as well as ill-concieved efforts to engage.
Explanation:Model in the video is good.this is because it brings things easier to the consumers as this products is likely to havean intended purchase, and are likely to buy this product more ofteexposing I to the others after abconsideration of given variables of price , perception of that given model brand .
What could be an industry I could choose because I’m really confused with this whole thing !!! Please help (this is photography but I put business)
A computer repair shop has the capacity to repair 1000 PC's per month. However, due to scheduled renovation of their office, management feels that they can repair no more than 800 PC's per month. Last month, two of the employees were absent several days each, and only 600 PC's were repaired. What are the utilization and efficiency of the repair shop? What is the Design and Effective Capacity
The utilization of the repair shop is 60% (600 PCs repaired out of the maximum capacity of 1000 PCs) and the efficiency is 75% (600 PCs repaired out of the planned capacity of 800 PCs). The Design Capacity is 1000 PCs per month, and the Effective Capacity, considering the renovation and absenteeism, is 800 PCs per month.
The utilization and efficiency of a computer repair shop can be calculated using the following formulas:
Utilization = Actual Output / Design Capacity
Efficiency = Actual Output / Effective Capacity
In this scenario, the design capacity of the repair shop is 1000 PC's per month. However, due to the scheduled renovation, the management feels that the repair shop can only repair a maximum of 800 PC's per month.
Last month, only 600 PC's were repaired due to the absence of two employees for several days.
To calculate the utilization, we use the formula:
Utilization = Actual Output / Design Capacity
Utilization = 600 / 1000 = 0.6 or 60%
The utilization of the repair shop is 60%, which means it is operating at 60% of its maximum capacity.
To calculate the efficiency, we use the formula:
Efficiency = Actual Output / Effective Capacity
Since the management believes the effective capacity of the repair shop is 800 PC's per month, we can calculate the efficiency as:
Efficiency = 600 / 800 = 0.75 or 75%
The efficiency of the repair shop is 75%, which means it is achieving 75% of its maximum potential output.
In summary, the utilization of the repair shop is 60% and the efficiency is 75%. The design capacity is 1000 PC's per month, while the effective capacity, considering the renovation, is 800 PC's per month.
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can someone help me with this please.
Answer:
sure
Explanation:
no image
If you buy a new video game , you cannnot pay your cell phone bill . This example of
Answer:
Explanation:
This situation can be considered an example of a trade-off or opportunity cost. A trade-off occurs when you have to give up one thing in order to gain or prioritize another. In this case, choosing to buy a new video game means sacrificing the ability to pay your cell phone bill. You have to make a decision and allocate your limited resources (money) between different options, and choosing one option means forgoing the benefits or costs associated with the other option.
The roles of ___, ___, and ___ are critical for managers in nonprofit organizations.
The roles of spokesperson, leader, and resource allocator are critical for managers in non-profit organizations.
What are management's responsibilities in non-profit organizations?The four main areas of planning, organizing, leading, and controlling are how management gurus have divided up management's tasks. The management of nonprofits requires special attention to each area.
How are non-profit organizations run?The nonprofit industry, by definition, works toward humanitarian ends. Because they lack formal hierarchies and managerial structures, many nonprofit organizations are loosely structured and frequently volunteer-driven.
Which managers are critical to advancing innovation?Middle managers are essential for fostering innovation and empowering businesses to adapt quickly to changing conditions. a manager who is in charge of a certain project at work that brings together staff from different levels and functions of the company.
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Laura’s husband died in a car accident. When she turns 67, she will receive her husband’s __1___. Her children will also receive the same until they ___2___ .
1. 401k account
social security benefits
certificate of deposit
2. gradute from high school
retire
become employed
this is on plato
i will give brainliest
Answer:
1. social security benefit
2.retire
Which of the following statements is true about mortgages?
A. The adjustable mortgage has an adjustable term of years but
fixed interest rate.
B. The adjustable mortgage has adjustable rates over a set amount
of time.
C. The fixed mortgage has a fixed term of years but adjustable
interest rate.
D. The fixed mortgage has an adjustable interest rate over a set time.
The statement true about mortgage is B. adjustable mortgage has adjustable rates over a set amount of time.
A mortgage is basically a pact or agreement between the person who is providing a loan in the form of money and the person taking the loan in the form of money. It includes that if you fail to return the amount the lender has all the rights by which they can take away your property that you have submitted as a security deposit in form of property papers.
There are two types of mortgages on the basis of interest rates first is adjustable mortgages which has adjustable rates of interest through a fixed period of time. On the other hand is fixed mortgages which means there is a fixed rate of interest for a fixed period of time.
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which of the following is not one of the four performance perspectives of the balanced scorecard? a. customer b. standard cost c. financial d. internal processes
b. Standard cost is not one of the four performance perspectives of the balanced scorecard.
This is not one of the four performance perspectives of the balanced scorecard.
The four perspectives are customer, financial, internal processes, and learning and growth.
Each perspective provides a different angle to measure organizational performance and together they help in achieving a balanced approach to assessing the success of an organization.
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Define a data warehouse and provide a few reasons it can make a
manager more effective.
A data warehouse can make a manager more effective by providing access to reliable and timely data, enhancing data quality, saving time, and enabling self-service analytics. By leveraging the power of a data warehouse, managers can make better-informed decisions and drive positive outcomes for their organizations.
A data warehouse is a centralized repository of integrated data from different sources within an organization. It is designed to support the reporting and analysis needs of the organization. Here are a few reasons why a data warehouse can make a manager more effective:
1. Improved Decision Making: A data warehouse provides managers with access to a wide range of accurate and up-to-date information. They can easily analyze historical and current data to identify trends, patterns, and insights that can inform strategic decision-making. For example, a sales manager can use a data warehouse to analyze sales data across different regions and identify opportunities for growth.
2. Enhanced Data Quality: Data warehouses often include processes for data cleansing, transformation, and integration. By consolidating data from multiple sources, managers can be confident in the accuracy and consistency of the data they are working with. This eliminates the need for manual data reconciliation and reduces the risk of making decisions based on inaccurate or incomplete information.
3. Time Savings: With a data warehouse, managers can access pre-aggregated and pre-calculated data that has already been processed for reporting and analysis. This saves time compared to manually retrieving and consolidating data from different sources. Managers can focus on interpreting the data and deriving insights, rather than spending time on data collection and manipulation.
4. Self-Service Analytics: Many data warehouses provide tools and interfaces that allow managers to explore and analyze data on their own. This empowers managers to answer their own questions and make data-driven decisions without relying on IT or data analysts. For example, a marketing manager can use a self-service analytics tool to analyze customer behavior and identify the most effective marketing campaigns.
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Motor Works, Inc. has declared a $20,000 cash dividend to shareholders. The company has 5,000 shares of $15-par, 10% preferred stock and 10,000 shares of $20-par common stock. The preferred stock is non-cumulative. How much will the preferred and common stockholders receive on the date of payment?
Answer: $7,500 preferred stock, $12,500 common stock
Explanation:
Given that:
Total cash Dividend = $20,000
Preferred stock:
5,000 shares of $15-par, 10%
Therefore ;
preferred stock balance = number of share × price × rate
5000 × $15 × 0.1 = $7,500
Balance of common stock is therefore ;
Total cash Dividend - balance of preferred stock
$20,000 - $7,500 = $12,500
discuss how the central bank uses the open market operations as a sutible measure of credit control. Explain with respect to both inflation and deflation
Answer: By affecting the money in circulation
Explanation:
The central bank uses the open market operations as a sutible measure of credit control by affecting the quantity of money in circulation. It's the central bank that prints money that's being used, to avoid economical unbalance, the central bank has to regulate how the money is circulated in the country. They do this by either selling or buying government securities through open market operations. During this process the purchase government securities from commercial banks and institutions making bank assets free and more cash for loans.
In what ways did Skilling's involvement in unethical financial and accounting practices benefit stakeholders initially?
Answer:
The given case relates to the movie Enron. In the movie, Jeffrey Skilling engineered transactions and falsely boosted stock values, allowing various stakeholders to earn higher returns at first. Arthur Anderson, the corporation's auditor, was involved in the investment fraud. Thus, initially to increase the share price the defaulters boosted their earnings.
When you compose a message, you want your audience to find the information it needs quickly and to understand it. Your message should be easy to read and comprehend.
Strategic use of white space improves document readability. Which of the following techniques employ white space? Check all that apply.
Using bulleted and numbered lists
Using headings
Using justified alignment
Breaking paragraphs into shorter chunks
Margins determine the reading area of a document.
Complete the following sentence about margins and alignment with the best choices.
Business letters and memos usually have margins of and are usually on the left.
Typeface, font, and size influence how your message is read.
Review the selection, and determine whether the following statement about typeface and font is true or false.
A WIDE variety of typefaces are available for business writers. Different typefaces suggest different purposes and occasions.
When composing a message, it is crucial to ensure that the intended audience can quickly find the required information and understand it.
By improving the readability of the document, the strategic use of white space may assist with this. Bulleted and numbered lists Using headings Breaking paragraphs into shorter chunks
The technique of using justified alignment is not included in the list as it does not employ white space.Margins determine the reading area of a document. Business letters and memos usually have margins of 1 inch, and the text is typically left-aligned.Typeface, font, and size can influence how your message is read.
A wide variety of typefaces are available for business writers, and different typefaces may suggest different purposes and occasions. As a result, the statement about typeface and font is true.
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Bank professionals union represents the workers of commerce bank. The bank refuses to bargain with the union over the economic consequences to the employees of management’s decision to shut down some facilities. This most likely violates.
The refusal of a bank to bargain with the union over the economic consequences to the workers of management's decision to shut down some facilities most likely violates the law.
To qualify as an unfair labour practice, the refusal must be entirely arbitrary and in bad faith. Such conduct also makes it difficult to bargain in good faith on other matters such as wages, hours, and working conditions. Union workers' benefits and other rights, as well as their ability to manage and impact the terms of their employment, are all affected by unfair labour practices. Consequently, they can result in significant harm to the union, the employer, and the public interest.
It is evident that the bank's refusal to bargain with the union over the economic consequences of management's decision to shut down some facilities violates the law, and such conduct makes it difficult to bargain in good faith on other issues such as wages, hours, and working conditions.
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Business Law 1 Timothy V. Keetch Case brief
Facts:
Issue:
Application:
Conclusion:
Teri and Thomas Keetch wanted to establish a therapeutic horse ranch as a business venture. Their concept for the ranch was that it would be a place where children who were victims of abuse could ride and care for horses as a means of healing. The Keetches lacked sufcient funds to start the ranch, however. In the summer of 2000, they sought to buy a stallion for breeding purposes, and they turned to MSF Properties for nancing. The Keetches eventually borrowed $102,000 from MSF and pledged the stallion—a quarterhorse named Hesa Son of a Dun—as collateral for the loan. This transaction was memorialized in a se- curity agreement. A nancing statement was led with Utah’s Division of Corporations and Commercial Code, which maintains an online database for Uniform Commercial Code lings.
A month or two later, Rebecca Mendenhall, a broker representing the Keetches, contacted Paul and Janice Timothy and sug- gested that they make a "bridge loan"(a short-term loan used as a means of interim nancing) to the Keetches for funding the therapeutic horse ranch. The Keetches and the Timothys met at a fast-food restaurant to discuss the transaction. The Keetches offered to pledge Hesa Son of a Dun as security for the loan. Following the meeting, Teri showed the horse to Paul. Teri said that she owned the horse and that it was worth between $125,000 and $175,000. Paul asked Teri if the horse was encumbered in any way—that is, if ownership of the horse was subject to any debts or obligations—and Teri responded that the horse was not encumbered.
In September of 2001, Paul met with Thomas and asked several questions about his nancial status. Thomas gave false an- swers to a number of questions, including the purposes for the loan and whether the Keetches owned the horse "free and clear." After the meeting, Paul asked the horse’s trainer if the horse was encumbered. He also inquired of the American Quarter Horse Association, which maintains ownership, lien, and breeding records for quarterhorses. Neither had any knowledge of any prior encumbrances. The Timothys did not check Uniform Commercial Code lings to see if a nancing statement had been led on the horse. Had they done so, they would have discovered that, contrary to the Keetches’ representations, the horse was already serving as collateral on the loan MSF made to the Keetches.
Oblivious to the horse’s true status, the Timothys made the bridge loan to the Keetches, secured—or so they thought—by the full value of the horse. The Keetches defaulted on their loan from MSF, and MSF seized the horse in October of 2001. The Keetches later defaulted on the bridge loan from the Timothys as well. At this point, the Timothys learned that their collateral had been lost to MSF.
The Timothys sued the Keetches for breach of contract and fraud, among other claims. A bench trial was held and the court found in favor of the Timothys. The Keetches appealed.
Orme, Judge
In general, Utah law does not require one to inspect the public record to verify the truthfulness of statements made to him or her. In Christiansen v. Commonwealth Land Title Ins. Co. (Utah 1983), an escrow company represented that a land development company held an interest in property that it actually did not have. The injured party sued because the escrow company’s represen- tations that certain properties held in escrow had unencumbered equity values available as security for the plaintiff were not true. On appeal, the Utah Supreme Court held in favor of the plain- tiff, noting that a defendant who makes misrepresentations, even negligently, can be held liable. As to reasonable reliance, the Court differentiated between available documents that are part of a transaction and documents contained in public records, and stated that "failure to examine public records does not defeat an action for a false representation because in most cases there is no duty to make such an examination."
We considered the doctrine of reasonable reliance in Conder v. A. L. Williams & Associates, Inc., and held that a plaintiff may justiably rely on positive assertions of fact without indepen- dent investigation. It is only where, under the circumstances, the facts should make it apparent to one of his knowledge and intel- ligence, or he has discovered something which should serve as a warning that he is being deceived, that a plaintiff is required to make his own investigation. Applying these principles to the facts, the Timothys were not required to check for prior UCClings on the horse. The Keetches unqualiedly represented that they owned the horse free of prior encumbrances. Nothing in the transaction, in the Keetches’ representations, in Paul’s visit to the ranch, or in the inquiries the Timothys made suggested anything that would "serve as a warning" that they were being deceived.
Afrmed in favor of the Timothys.
The court found that the Keetches had made false representations and affirmed in favor of the Timothys.
Mathematically speaking, the transaction between the Keetches and MSF involved a loan of $102,000 in exchange for the collateral of a quarterhorse named Hesa Son of a Dun. This was recorded in a financing statement filed with Utah’s Division of Corporations and Commercial Code.
The transaction between the Keetches and the Timothys involved a bridge loan for funding the therapeutic horse ranch, which was secured by the same horse pledged as collateral.
The Timothys relied on the Keetches’ representations that the horse was not encumbered, and made the loan. However, they were unaware of the prior transaction between the Keetches and MSF involving the same horse as collateral.
When both loans were defaulted, MSF seized the horse, leaving the Timothys with no collateral.
The Timothys were not required to check for prior Uniform Commercial Code filings on the horse, as the Keetches had unqualifiedly represented that they owned the horse free of prior encumbrances. Thus, the court affirmed in favor of the Timothys.
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Customers and Sales Transaction Descriptions
a. The onscreen form used when we need to record a credit, or reduction, in the amount the customer is charged.
b. An onscreen form used to record a sales transaction when the customer pays at the time of sale when the product or service is provided to the customer.
c. A sales transaction recorded when the product or service is provided to the customer, and the customer promises to pay later.
d. This onscreen form is used when we give the customer a refund.
e. This onscreen form is used to record the transaction when the customer pays its account with cash, check, credit card, or online payment.
f. A form used to record a pending credit to a customer that will occur at a specified future date.
g. This onscreen form is used to record projected costs of products and services to be provided to a customer in the future.
h. An onscreen form used to record a pending charge to a customer that will occur at a specified future date.
Customers and Sales Transaction
1. Invoice
2. Receive Payment
3. Estimate
4. Credit Memo
5. Sales Receipt
6. Refund Receipt
7. Delayed Credit
8. Delayed Charge
a. Credit Memo - The onscreen form used when we need to record a credit, or reduction, in the amount the customer is charged.
b. Sales Receipt - An onscreen form used to record a sales transaction when the customer pays at the time of sale when the product or service is provided to the customer.
c. Invoice - A sales transaction recorded when the product or service is provided to the customer, and the customer promises to pay later.
d. Refund Receipt - This onscreen form is used when we give the customer a refund.
e. Receive Payment - This onscreen form is used to record the transaction when the customer pays its account with cash, check, credit card, or online payment.
f. Delayed Credit - A form used to record a pending credit to a customer that will occur at a specified future date.
g. Estimate - This onscreen form is used to record projected costs of products and services to be provided to a customer in the future.
h. Delayed Charge - An onscreen form used to record a pending charge to a customer that will occur at a specified future date.
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