Stakeholder versus Stockholder Essay Example for Free

Stakeholder versus Stockholder Essay Stakeholders and stockholders have similarities and differences. A stakeholder is any person or entity who has an interest in a company. A stockholder is any person or entity who owns stock or shares of a particular company. A stockholder is also a stakeholder, but a stakeholder is not necessarily a stockholder in a company. Examples of stakeholders are employees, vendors, manufacturers, board members, or customers. These examples may or may not hold actual stock in the company. A stockholder will always be a stakeholder because if one owns stock in company there will always be an interest in making sure the company does well to increase stock value. Specifically, an employee may own stock in his company and be a stakeholder by employment. A customer may not own stock in the company, but has a legitimate interest as a stakeholder in receiving a high-end deliverable product. The stakeholder view differs from the stockholder in that stakeholders value the outcomes of joint ventures that benefit both the stockholder and a stakeholder such as an employee. Stakeholders value the contribution all players provide in making a company successful and focus on preserving the company image and brand at all costs (wikipedia, 2006). The stockholder view is driven by profit and rate of return on investment. Stockholders have often been given a preeminent role in guiding and controlling company strategy due to monetary investments at stake. The stakeholder view or concept states that the company’s responsibilities are to all of the stakeholders. The stakeholder view is used to improve brand image, although with increased costs; and makes the firm less likely to be targeted by outside pressure groups. The stakeholder view is used to fill the needs and wants of many different people from owners to local populations by integrating resource and market-based views. Reference http://en.wikipedia.org/wiki/Stakeholders

Fate Symbolism Essay Example for Free

Fate Symbolism Essay Some people believe that each step steps on the way of life is predetermined through the beginning to the end, and people are powerless to resist it. The main character who is the narrator of the short novel, â€Å"A Woman Like Me† by Xi Xi, is trying to convey to us the same concept which is called the fate. She has been an orphan since she was very young, and she and her brother were raised by her Aunt Yifen. Her aunt has so much pressure that she pays less attention on their education, so when the narrator grows up, she lets her inherit their familial skill which is making up for dead. All of these elements lead her life into a miserable fate. From the psychological description of herself, I found that in the depth of her heart, she actually doesn’t want to surrender to her fate, but wants to have friendship and love. In my opinion, our life, whatever love or death, are seem arranged by fate, but we can try our best to alter it and change it. As in the story, although the narrator considers that all the things happened in her life is arranged by fate and she is â€Å"totally powerless to resist Fate† (152), I think most of the misfortunes happened in her life are root in her timidity. The reasons that makes her lacks of courage are her self-abased and doesn’t want to violate her family’s custom. In my opinion, our fate is in our own hand. When she faces the point of transition of fate, she doesn’t have enough courage to change her own fate because of her self-abased, but in the depth of her heart, she is really want to change her destiny. In story she describes herself, â€Å"I’m a person who has no concept of self-protection, and my words and deeds will always conspire to make me a laughing stock in the eyes of others† (152). Her character make people around her can’t accept her and laugh at her. It makes her who originally is self-abased because of low education become more self-abased. Her despaired emotion is expressed many times in the story, â€Å"A woman like me is actually unsuitable for any man’s love† (152). The word, â€Å"actually†, was said with her realistic helpless. She has no confidence to fall in love with a man. She thinks her fate is decided that she can do nothing for it. However, when the narrator who originally surrenders to the fate sees the boy suicide for love, she unexpectedly feels shame of him and refuses to make up for him. She thinks that â€Å"his had been act of extreme weakness: †¦ I should have nothing to do with anyone who lacked the courage to resist the forces of fate.† (157) Her view of other’s fate reflect the real idea in her depth heart. When she face the situation of other people, she is very clear that people should have courage to resist the force of fate. As a Chinese proverb said: â€Å"The spectators understand the chess game better than the players.† When she faces that boy, she is feels humiliating with his weakness. We can find her aspire and insist of love. Unfortunately, she doesn’t have the courage to ins ist her own love. Thus, it is her self-abased make her yell of fate can only leave in the depth of her heart and can’t let it into action. Another reason that makes her hesitates on the edge of fighting to change her fate is she asserted Chinese traditional ideology by family. In one hand, she wants to control her life, but on the other hand some traditional ideas are still leave in her mind. At that time in Hong Kong, because of the Colonization of Britain, many people were influenced by the concept of western culture which was that people could control their life and changed their fate by themselves, but the concept of her family was quite different. The narrator’s family is from the main land of China. Her father and her aunt are all cosmeticians that make up for dead which is the skill that handed down from their ancestors, so in the traditional concept, it must have a person in the family to inherit this skill and her Aunt Yifen choose her as the successor. However, the society also influences her so much. She describes the society as a â€Å"greed-consumed, dog-eat-dog world† (154). From how she describes the society, we can find out most people in that society are all struggling to survive in that competitive world. They don’t follow the fate but create and change it by themselves. Under the influence of the surrounding, she once has thought about many other works she can do, such as â€Å"work as saleswoman in a shop, or sell bakery products, or even be a maid in someone’s home† (160), but finally, she still afraid of to compete with others in that cruel society and follow her fate that decided by her family. On the contrary, I don’t believe that fate is not changeable. I think the destiny is in my hand. In the story, the narrator is so weak that she predicts her fate is predetermined and yields to her fate. She and her Aunt Yifen have the same occupation, and she has already seen her aunt’s miserable fate, so she pessimistically thinks that her â€Å"fate and Aunt Yifen’s are one and same.† (159) She is still young and nobody know what will happen in the future, but she give up at first. I believe that opportunities are for the people who are prepared. If she gives up trying and working hard, she won’t grasp the opportunity to change her fate, even the opportunity has coming. As we know that America is country that full of opportunities for people who work hard to change their fate. That is the reason I came to study in America. As an international student whose first language isn’t English is real tough to success in academic. However, like most of other international students, I know that I need to keep studying hard and never stop. Once I hesitate, I will fall behind of others because everyone keeps fighting and struggling in this competitive society. Therefore, I believe that fate is in my own hand. In conclusion, I really feel regressive for her. If she cares less about other’s view of her, she will have courage to save her love; if she put away her traditional idea, she will have courage to find a new job; if she becomes more confidence, she will against her miserable fate and start a new life. To me, I will have the courage. Stand up from where I fall down and keep working hard, I believe my fate will be different.

Pirate Radio Music

Pirate Radio Music Pirate radio station is a station in UK. It is a site delivering pirate radio culture and music which is straight from the heart of London. It is also served through web server and screening real audio. It has played a crucial role in forming the Britains musical test. Today, the waves of the pirate radio station in the cities are so much crowded to the extend that the pirates are been pushed to the suburbs and the country side. It is through these that the people from the rural communities have been in a position to access these services which most of the radio stations have not achieved. Today the members from the rural communities can now have the opportunity to listen on what is happening all over the world through the many programmes which are made by this radio station. As a result most of the people have named it a nerve center and its headquarter is of Essex top pirate radio station. What was crucial for the growth of the pirate radio station was the incorporation of the new technology in the performance of its many activities. This radio station has used the new technology and these are some of the factors on how this new technology has made the pirate radio to prosper. You find that the transistors were now abit hugly smaller and also for the first time, these transistors were transportable. It was doe to the new technology that there was a drop in the hardware price. It was due to the drop of the hardware price that most of the activities could be done effectively hence leading the company to realize its competitive advantage. You find that for a company to grow, first it needs to maintain its costs since when costs are more than the profits, then definitely the company will lead to losses. But here we see that the hardware could be sold at a cheap price hence meaning that its costs were less than the profits leading to the realization of the competitive advantage. The introduction of the clearer and the cheaper FM brand is also another way by which the pirate radio has benefited from the new technology. Once the microwave technology came in to play, it means that this transmitter was in a different location which was different from where the pirates broadcasted from and this is a cheap hardware which can be easily got and replaced when stolen. (Jo Tacchi, 2001). If you tune around that FM band in London, you will find a large number of pirate radio stations. These stations are highly recognizable since they have differentiated themselves from the other stations so that then can realize their competitive advantage. One of their distinctive features is there distinctive sounds. You find that at the pirate radio station, they usually play different sounds which are so different from the other stations. Often you find them playing certain musical styles such as House, UK garage, Drum n Bass, reggae, Grime plus other numerous old skools genres. All these are personal but try to catch so many people hence you find that most of the people usually try to tune in to the pirate radio station so that they can listen at the music playing which is so much attractive. Most of these musics which are played are usually aimed at certain societies and communities so that the can be in a position to learn from them. It is in this music that most of the communities can have the chance to listen songs from their own languages. Many people tend to enjoy these types of songs since most of them are usually more of traditional and telling them about there own culture hence many people can not avoid listening to them. (Jo Tacchi, 2001). Impacts of the pirate radio station in the United Kingdom Pirate radio has done a great deal for the house music and this is done by feeding the public with all the latest underground music despite the fact that it has not been in a position to get the credit it really deserves. You find that this is one of the most entertainment stations in the United Kingdom in the sense that it has been in a position to keep most of the people here fully involved in most of their free times. Music industry is one of the growing sectors not only in the United Kingdom but also in other countries. It is through music that people have been in a position to utilize most of their free times hence leading to less criminals in the society. So you tend to find that its through the pirate radio station that most of the people can spent most of their free times listening to music, news and other records which are produced by the radio station. You find that most of the music usually carries important messages and most of the people can learn from this particular mu sic. Most of the people can change their behaviors through listening to these musics and pirate is a good example since most of the people in united kingdom usually like listening to radio pirate simply because it is well organized. It has a good schedule of doing its activities hence you find that most of the people like listening to its since its so much convenient. They have a variety of programs and these programs always have their set time hence people can be in a position to fix themselves on the p[particular program they really want to listen. It is also not biased like other radio stations. So you find that there is a lot of fun in radio pirate since its not biased at all and it has good music and entertainment which is liked by so many people. People are then in a position to benefit from pirate radio through its many programs, music, entertainment and also news. The whole of the house in the music industry also benefits from the pirate radio since in pirate radio, they pum p out all the current tunes along with all the music favorites and this can be seen as helping keep the scene more alive and also helps by selling huge amounts of new records and also by increasing the total number of DJs in this industry. (Colin, 1996). Promoters benefited through advertisements Many companies and organization have been in a position to benefit from the station since you find that most of the new events or even new products and services which have been produced in the market can be advertised through the radio station hence making the potential customers to be in a position to access them. One a company has produced a new product; the only way it can get this product to the potential customers is through advertisements. The radio advertisements are usually so cheap and available to everyone that why most of the people have preferred this radio station in advertising this product. As a result many people will be in a position to get to know the new product which has been introduced in the market. You find that most of the new events by these promoters are advertised through the pirate radio hence leading to the growth of the economy. The pirate radio station will also benefit in that it has received so many clients who wish to advertise their many products in that particular station hence they have been in a position to record huge profits. Many people also benefit from the pirate radio station in that it tends to help the less fortunate in the society. Not everyone in the many societies we come from has been blessed with wealth. There are a few elements who are termed as poor simply because they can not help them and a good example is the disabled, orphans and the elderly in the United Kingdom. The pirate radio station has taken the initiative to help most of these people out of the many profits which they record. So its through this that even the less fortunate in the society have been in a position to have improved standards of living. (Colin, 1996). Record sales The pirate radio has had a big impact on the record sales. There is a symbiotic relationship between the pirate radio and the record sales industries. You find that the radio pirate has grown hand in hand with the recording industry in that most of these recorded usually use the radio to advertise their new songs among other things. As a result, you find that these people have been in a position to increase their sales in that they usually advertise them through the radio. They too charge few charges as when compared to other radio stations hence meaning that it has been giving good services and that is why most of the people in the United Kingdom use this particular radio. It is also not biased. Many of the Djs in UK have been in a position to excel in this industry through the radio pirate. You find that most of the DJs have been in a position to play their mixes over air. Most of these DJs market themselves through these stations since many funs in UK usually listen the pirate rad io. So when they are marketed, then they are in a position to sell more records hence increasing their living standards. Most of the Djs have become millionaires through this industry and this is out of the many record sales they get. They have been in a position to have increased standards of living which is the basic goals for most of these musicians. Due to the large number of people who usually listen at this particular radio station, it has been in a position to benefit a lot from it. (Sian, 1996). Job creation This particular radio station is one of the employment industries in most of the people in UK. Here you find that most of the young and the youth have been in a position to secure good jobs from this particular radio. It employs so many people so that they can be in a position to meet the growing demand of people. This is because most of the people like the business men, musicians, and government activities have relied so much on the radio pirate when advertising its many activities or even the new products which are produced in the market. It is as a result of this growing demand that many people have been in a position to get jobs through this industry. At the end of the day you find that the economy has been in a position to grow so much since unemployment is one of the leading factors to poverty in a country. You find that when there is a large number of people who are not employed, then it will mean that most of the countries resources will be used to help these people not worki ng. This is because the employed get the unemployed benefits so when they have a job, it will mean that the government will use these resources on other sectors which can be beneficial to all people and a good example is the education sector. So with this, the pirate radio has played a big role in occupying these people in the many roles which are available in this sector. This is because the radio station has so many departments and it is in these departments that many people have been in a position to secure good jobs. So you find that the society too benefits from this a lot. (Paddy, 1996). Increased economic growth Its through the pirate radio that the economy has been in a position to grow. This is because the music industry is one of the growing sectors not only in UK but also in other countries. So you find that due to the many profits which are got by the pirate radio station, the government has been in a position to get high revenues from highly taxing them. This is out of the many profits which they get. So you find that its through taxing these radio station that the government has been in a position to increase its economic growth. The money which is collected as tax can then be used in other important sectors like in the provision of free health services to the needy people in the society. Also it is out of the many profits which it gets that the members of the public have been in a position to benefit from the same through the selling of many shares. Since this particular sector accrues so many benefits, the members of the public have been in a position to benefit from the advantages of this company. This is through buying of the companies shares which are usually sold. Its through buying these shares that they have been in a position to have increased standards of living since this is a form of investment in that its through buying these shares that they sell them when there prices are high hence leading to huge profits from them. So you find that the members of the public have been in a position to benefit from the resources of the pirate radio and the many profits which are got by it. (Colin, 1996). Community development The pirate radio has benefited the communities so much through the various programmes which people listen from them. They usually introduce a number of programmes that are already having a number of impacts to the members of these societies. One of the programmes in this case in the community focus groups. This is one of the programmes which basically focus on the community activities hence its through listening these programmes that the community has been in a position to develop. The farmers plus other interest groups are usually asked by the radio station to identify key issues which they need to be aired to other people. A good example is the farmers in that they usually have a programme which is supposed to encourage farmers so that they can have increased production. Some of the successful farmers are usually brought in to the studio whereby they usually tell people how they have succeed through farming and the best tools and strategies which farmers can apply so that they can be in a position to succeed in farming. Its through these that most of the farmers in the communities can take time and try to learn from this particular radio station. Also some of the government officials are also invited to respond to the concerns which were raised by the various groups. So you find that when an issue has been brought by the particular interest group like the case with the farmers, then a government official who is specifically concerned with that sector is invited in the studio and tries to answer the many questions are asked by the interest groups. So this is one of the ways in which the pirate radio has brought the members of the community in to close contact with the government and they can air their grievances to them whenever there are matters which need to be discussed. As a result, the community has been in a position to benefit in that they can get the correct advice and the basics which they require from the government hence leading to community develop ment in return. (Kevin, 1998). Despite the advantages the pirate radio station has had, it also has some disadvantages to the people who normally watch at these stations. You find that most of the programs which are watched by people especially the young people could have some negative impacts on them. For example they have certain songs which can mislead most of the young people. So you will find that most of the young children usually spent most of their times listening to radio and this can have an impact on their performance in education. So when it comes to the young children in the society, the children will learn both the good and the bad languages which are in the music most of the musicians usually sing. At the end of the day you will find that the community will have so many deviants hence leading to immoral society. Another disadvantage is that is sometimes biased in that it tends to favour that government. So during times like during elections, the government will tend to use this particular media so that it can get most of the people in the society. These people are usually paid so that they can side with the government hence meaning that the members of the public will be misused through this particular radio station and tends to manipulate people to be on the side of the government. (Kevin, 1998). Conclusion Radio stations usually have a great impact to the members of the public. This is out of the many roles in which these radio stations have. Most of the radio stations usually have differentiated ways in which they present their activities and this is important in any organization since its one of the main ways by which an organization can realize its set goals and objectives. People would like listening to radio stations that have a diversified range of activities and programmes which would benefit people and the society at large. For instance they play the role of educating most people in the societies. For example the pirate radio station has taken the initiative of a good leader and hence does this through enlightening people on the society. It is through this initiative that the members of the public will tend to benefit through the many programmes which are facilitated. So the radio stations are very much crucial in ones life and one can imagine a world without a radio station. I t can as a result of the new technology and its one of the cheapest technology which most people can afford as when compared to other Medias like the television, the internet among others. As a result its through it that many people have been in a position to benefit through the education and the type of entertainment they get from them. So pirate radio station has made a difference in many people lives since they are not the same again. They have improved their living standards through listening the many programs which are found in this radio station. Reference Jo Tacchi, J. (2001): ‘Who listens to Radio? The role of Industrial audience research. No News is Bad News: Radio, Television and the Press .London: Longman, pp.137-156) Colin, S. (1996): The British press and broadcasting since 1945. 2nd edition. Blackwell. Martin, S. Cindy W, (2002); On Air: Methods and Meanings of Radio .Arnold, 2002. Sian, N. (1996): The Echo of War: Home Front Propaganda and the Wartime BBC 1939-45. Manchester University Press, 1996. Sian, N. (2002): ‘All the News thats fit to Broadcast: the popular press versus the BBC, 1922-1945, in P.Cattterall, C.Seymour Ure and A. Smith, eds, Northcliffes Legacy: Aspects of the British Popular Press, 1896-1996, (Macmillan, 2000), pp.121-148 Paddy, S. (1996): Radio, television and modern life: a phenomenological approaches Blackwell, 1996. Paddy, S. David, C. (1991): A Social History of British Broadcasting. Volume One 1922-1939. Serving the Nation. Blackwell. Colin, S. (1996): The London press and broadcasting. Manchester University Press, 1996. Michael, T. (1998): The Decline and fall of Public Service Broadcasting. OUP, 1998. Kevin, W. (1998): Get me a murder a day! A history of mass communications in Britain Arnold, 1998.

Educational Goals and Philosophy :: Philosophy of Education Teaching Teachers Essays

Educational Goals and Philosophy There are several reasons why I want to be a teacher. One reason is that I love being around children. Another reason is that I love to see the look of amazement on child's face when they learn something new. I also love the look on their face when they discover that they can do what they just learned. During my observation, I met a little boy who had just moved back to West Virginia. This little boy is in the first grade and he has a learning disability. The class that I was observing was a special education class and I had the pleasure of helping the teacher with this little boy. The teacher thought that one of the best ways to help the little boy with his disability was to begin by playing games; we played games with flash cards, numbers, and the alphabet. The teacher asked him to spell his name with the alphabet cards, which he did, then she spread the cards out on the table and asked him to find the letter that she said. Each time he found the correct letter, his face would light up at the teachers praise. He was really excited when he found the "difficult letters". After watching the little boy I was just as excited as he was that he was doing a great job. Being a teacher would mean that I would have the opportunity to teach children new things everyday, and I would be able to share in their joy of learning. In my classroom I would use essentialism, the back to basics approach, I believe that all students should be taught the basic subjects. I would incorporate games into each subject so that the children will have fun while they learn. For example, we would play math bingo, and do crossword puzzles for reading. For science, I would have them bring leaves to class and then we could learn what type of leaf it is and what tree it came from. I think that if you make learning fun, a child will want to learn, they won't just look at it as something that they have to do. I also believe that the classroom environment contributes to the learning atmosphere.

Violence in Wuthering Heights :: Wuthering Heights Essays

Violence in Wuthering Heights Wuthering Heights was written by Emile Brontà ©, one of the Brontà © sisters. The author finished this novel in 1847. After that, Emily died soon in 1848 at age thirty. In the nineteenth century Wuthering Heights becomes as classical novel. The readers who were read this novel were shocked by the Violence. In this paper, I will discuss the theme of the violence on Wuthering Heights. The novel takes place in England around 1760. the narrator, a gentleman named Lockwood. Lockwood rents a fine house and park called Thrush cross Grange in Yorkshire, and gradually learns more and more about the histories of two local families. This is what he learns from a housekeeper, Ellen Dean, who had been with one of the two families for all of her life. The story takes place in two main settings; Wuthering Heights and Thrush cross Grange, both situated on the harsh and desolate moors of Yorkshire. Emily Bronte actually grew up and lived in this place, and so her depiction of it is very accurate, and she uses her knowledge to emphasise the moods and attitudes of the characters. The people of these two houses differ from each other. The people from the Wuthering heights such as Heath cliff are generally angry, ill tempered, vengeful, and often immoral. These attitudes are clearly reflected through the large, cold and dark house, situated on top of a ruthless hill on the moors. Thrush cross Grange is a more cultivated, calm house, situated in a valley of the moors. Its inhabitants, including Edgar Linton, are generally more refined, with more morals and calmer attitudes than those of Wuthering Heights. Catherine Earnshaw, who is from Wuthering heights, is a character that creates the conflict throughout the whole book and between the t wo characters, Edgar and Heath cliff. To clarify more that Catherine is torn between her love for Heathcliff and her desire to be a gentlewoman, and her decision to marry the gentle Edgar Linton drags almost all of the novel's characters into conflict with Heathcliff To begin with, one of the main characters in Wuthering Heights is the devilish Heath cliff. An orphan despised since his birth. Heath cliff grows up to become a sadistic, cruel, vengeful and immoral man .He is often referred to as â€Å"like the devil† or as â€Å"evil†, and this is certainly the way he acts.

Mother Savage & Desirees Baby-Compare and contrast Essay -- essays res

Mother Savage takes place in Virelogne during the Franco-Prussian War of 1870. The narrator retells the story behind the ruins of a thatched cottage. At thirty-three years of age, Mother Savage’s son volunteered in the war (on the French side), leaving his mother alone. Mother Savage lived alone in her cottage until the Prussians came one day. Since she was known to have money, she had to take four of them. They seemed to be good boys. Since they saw Mother Savage was an elder lady, they showed consideration toward her and helped with as much as they could. She fed them and treated them well even though they were the enemy and her own son was fighting against them. One day she asked them if they know where the French regiment was, since her son was in the 23rd of the line. The Prussians said they knew nothing.   Ã‚  Ã‚  Ã‚  Ã‚  After one month of living with those four soldiers, Mother Savage received a letter. In this letter she was informed of her son Victor’s death in detail. She did not shed a tear at first. She was too stunned by the news. Bloody images of her Victor’s death ran through her mind. Never again would she be able to kiss her only child. Victor’s life had been taken away similar to his father who was killed by the police. Shortly after reading the letter, the Prussians came home and she greeted them as if nothing had happened. In her mind, she had already planned a way to get revenge on the Prussians for her son’s death. She set her own cottage on fire after the four Prussians fell asleep. When the police came, Mother Savage told them exactly what had happened. Then, she handed the German police a piece of paper with the four Prussians names and addresses so that they could contact their families about what happened. Mother Savage did not regr et what she did. The German police went ahead and killed her on the spot.   Ã‚  Ã‚  Ã‚  Ã‚  In Mother Savage we can see violence throughout the story. First of all, it takes place during the Franco-Prussian War. Violence is very significant in this story, not only because of the war, but since it is used as retaliation for the death of a loved one. Mother Savage received a heart-breaking letter informing her of Victor’s death:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Maddam Savage: This letter has a sad story to tell you. Your boy Victor was killed yesterday ... ...e turning point of the story of Mother Savage. She understood that the four soldiers she had living in her cottage were enemies, but she had absolutely no problem. â€Å"She liked them well enough, too, those four enemies of hers; for country people do not as a rule feel patriotic hatred-those feelings are reserved for the upper classes† (page 66). After receiving the letter informing her son’s death, Mother Savage could only think of how tragic the scene was at the time her son was brutally killed by Prussian soldiers during battle:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The police had killed his father, and now the Prussians had killed her son†¦he had   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  been cut in two by a cannonball. And it seemed to her she could see it all, the whole   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  horrible thing: his head falling with his eyes wide open, his teeth still gnawing the   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  corners of his thick mustache the way he used to be when he was angry. (page 67)

Cases of Indian Contract Act 1872 Essay

The Carbolic Smoke Ball Company made a product called the â€Å"smoke ball†. It claimed to be a cure for influenza and a number of other diseases, in the context of the1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom to release the vapours. The nose would run, ostensibly flushing out viral infections. The Company published advertisements in the Pall Mall Gazette and other newspapers on November 13, 1891, claiming that it would pay  £100 to anyone who got sick with influenza after using its product according to the instructions provided with it. â€Å"|  £100[1] reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two wee ks, according to the printed directions supplied with each ball. £1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter.During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventives against this disease, and in no ascertained case was the disease contracted by those using the carbolic smoke ball.One carbolic smoke ball will last a family several months, making it the cheapest remedy in the world at the price, 10s. post free. The ball can be refilled at a cost of 5s. Address: â€Å"Carbolic Smoke Ball Company, â€Å"27, Princes Street, Hanover Square, London.†| †| Mrs Louisa Elizabeth Carlill saw the advertisement, bought one of the balls and used it three times daily for nearly two months until she contracted the flu on 17 January 1892. She claimed  £100 from the Carbolic Smoke Ball Company. They ignored two letters from her husband, a solicitor. On a third request for her reward, they replied with an anonymous letter that if it is used properly the company had complete confidence in the smoke ball’s efficacy, but â€Å"to protect themselves against all fraudulent claims† they would need her to come to their office to use the ball each day and be checked by the secretary. Mrs Carlill brought a claim to court. The barristers representing her argued that the advertisement and her reliance on it was a contract between her and the company, and so they ought to pay. The company argued it was not a serious contract. Consideration 1.Abdul Aziz vs. Masum Ali, (1914). The secretary of a Mosque Committee filed a suit to enforce a promise which the promisor had made to subscribe Rs. 500 to the re-building of a mosque. Held: â€Å"the promise was not enforceable because there was no consideration in the sense of benefit†, as â€Å"the person who made the promise gained nothing in return for the promise made†, and the secretary of the Committee to whom the promise was made, suffered no detriment as nothing had been done to carry out the repairs. Hence the suit was dismissed. 2.Kedar Nath vs. Gauri Mohamed, (1886) The facts of this case were almost similar to those of the above case, but the secretary in this case incurred a liability on the strength of the promise. Held: The amount could be recovered, as the promise resulted in a sufficient detriment to the secretary. The promise could, however, be enforced only to the extent of the liability (detriment) incurred by the secretary. In this case, the promise, even though it was gratuitous, became enforceable because on the faith of the promise secretary had incurred a detriment. 3.Durga Prasad vs. Baldeo, (1880) B spent some money on the improvement of a market at the desire of the Collector of the district. In consideration of this D who was using the market promised to pay some money to B. Held: The agreement was void being without consideration as it had not moved at the desire of D. 4.Chinnaya vs. Ramayya, (1882) An old lady, by a deed of gift, made over certain property to her daughter D, under the direction that she should pay her aunt, P (sister of the old lady), a certain sum of money annually. The same day D entered into an agreement with P to pay her the agreed amount. Later, D refused to pay the amount on the plea that no consideration had moved from P to D. Held: P was entitled to maintain suit as consideration had moved from the old lady, sister of P, to the daughter, D. 5. Debi Radha Rani vs. Ram Dass, (1941) D is ready to sue her husband for maintenance allowance. On husband’s agreeing to pay her a monthly allowance by way of maintenance, she forbears to sue. Held: The wife’s forbearance to sue amount to consideration for the husband’s agreement for payment of maintenance allowance. 6. Ramchandra Chintaman vs. Kalu Raju, (1877) There was a promise to pay to the Vakil an additional sum if the suit was successful. Held: The promise was void for want of consideration. The Vakil was under a pre-existing contractual obligation to render the best of his services under the original contract. 7. Dunlop Pneumatic Tyres Co. Ltd. Vs. Selfridge & Co. Ltd., (1915) S bought tyres from the Dunlop Rubber Co. & sold them to D, a sub-dealer, who agreed with S not to sell these tyres below Dunlop’s list price and to pay the Dunlop Co.  £5 as damages on every tyre D undersold, D sold two tyres at less than the list price and thereupon the Dunlop Co. Sued him for the breach. Held: The Dunlop Co. Could not maintain the suit as it was stranger to the contract. Capacity to Contract Mohiri Bibi vs. Dharmodas Ghose, (1903) In this case, a minor mortgaged his house in favour of a money-lender to secure a loan of Rs. 20,000 out of which the mortgagee (the money-lender) paid the minor a sum of Rs. 8,000. Subsequently the minor sued for setting aside the mortgage, stating that he was underage when he executed the mortgage. Held: The mortgage was void and, therefore, it was cancelled. Further the money-lender’s request for the repayment of the amount advanced to the minor as part of the consideration for the mortgage was also not accepted. Mistake of Law Solle vs. Butcher, (1950) Ignorantia juris non excusat, i.e., ignorance of law is no excuse, is a well settled rule of law. A party cannot be allowed to get any relief on the ground that it had done a particular act in ignorance of law. A mistake of law is, therefore, no excuse, and the contract cannot be avoided. Mistake as to the Subject-Matter Couturier vs. Hastie, (1856) A agreed to sell a cargo of corn supposed at the time of contract to be in transit from Salonica to the United Kingdom. Unknown to the parties, the corn had become fermented and had already been sold by the master of the ship at Tunis. Held: The agreement was void and the buyer was not liable for the price. Mistake as to the Identity of the Subject-Matter Raffles vs. Wichelhaus, (1864) W agreed to buy from R a cargo of cotton â€Å"to arrive ex-peerless from Bombay†. There were two ships of that name sailing from Bombay, one sailing in October and the other in December. W meant the former ship but R meant the latter contract. Remedies for Breach of Contract Hadley vs. Baxendale X’s mill was stopped by the breakdown of a shaft. He delivered the shaft to Y, a common carrier, to be taken to a manufacturer to copy it make a new one. X did not make known to Y that delay would result in loss of profits. By some neglect on the part of Y the delivery of the shaft was delayed in transit beyond a reasonable time (so that the mill was idle for a longer period than otherwise would have been the case had there been no breach of the contract of carriage). Held: Y was not liable for loss of profits during the period of delay as the circumstances communicated to Y did not show that a delay in the delivery of the shaft would entail loss of profits to the mill. Alderson, B observed in this case as follows: â€Å"Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both the parties at the time they made the contract, as the probable result of the breach of it.† Quasi Contracts Damodar Mudaliar vs. Secretary of State for India, (1894) A village was irrigated by a tank. The Government effected certain repairs to the tank for its preservation and had no intention to do so gratuitously for the zamindars. The zamindars enjoyed the benefit thereof. Held: They were liable to contribute. A husband promised to pay his wife a house hold allowance of  £ 30 every month. Later the parties separated and the husband failed to pay the promised amount. The wife sued for the promised allowance Held: The wife will not succeed as agreements such as this did not create any legal obligations vis a vis legal relations. Rose & Frank Co. VS Crompton Bros. Ltd. – Intention to Create Legal Relationship Facts: There was an agreement between these two companies by means of which rose and frank co. was appointed as the agent of Crompton Bros. Ltd. One clause in the agreement stated that the agreement is not entered into as legal and formal and shall not be subject to legal jurisdiction in the law courts. Held: There was no binding and legally enforceable contract between the 2 companies as there was no intention to create legal relationship. Upton Rural District Council VS Powell – Implied Contract Facts: A fire broke out in Powell’s farm. He called upon the fire brigade to put out the fire which the latter did. Now Powell’s farm did not come under fire service zone although he believed it to be so. Held: He was liable to pay for the service rendered as the services were rendered by Upton Fire Brigade on an implied promise to pay. Willkie vs. London passenger transport board – Implied Agreement When a transport company runs a bus there is an implied offer by the transport company to carry passengers for certain fare. The acceptance of the offer is complete as soon as a passenger boards a bus – that is, implied acceptance. Boulton Vs Jones (1857) – Offer made to a particular person Facts : Jones used to have business dealings with Brockle Hurst. He sent an order (offer) to Brockle Hurst for the purchase of certain goods. By the time the order reached Brockle Hurst, he had sold his business to Boulton. Boulton receiving the order sent all the goods to Jones as per the order without informing Jones of the changing of the hands of the business. When Jones learnt that the goods were not supplied by Brockle Hurst, he refused to pay for the goods. His contention was that he had never placed an order to Boulton, the offer being made to Brockle Hurst, and therefore had no intention to make a contract with Boulton. Held: Jones was not liable to pay ( – Section 64 will also apply ) Carlill VS Carbolic Smoke Ball Co. (1893) – General offer Facts: The defendant company advertised in several newspapers that a reward of  £ 100 would be paid to any person who contracted influenza, cold, or any other disease associated with cold even after using the smoke balls of the company – a preventive remedy, 3 times a day, for 2 weeks in accordance with the printed directions. They also announced that a sum of  £ 1000 had been deposited with the Alliance Bank as a proof of their sincerity. The plaintiff, Mrs. Carlill had seen the advertisement, used the smoke balls according to the printed directions and for a period as specified, but still contracted influenza. She sued the defending company to claim the reward of  £ 100 as advertised by the company. The defendants argued inter alia that it was impossible to contract with the whole world and that she should have notified / communicated to them of her acceptance of the offer. Held: Rejecting the argument the Court held that the advertisement constituted the offer to the whole world at large ( – general offer) which was accepted by the plaintiff by conduct. ( – by using smoke balls) . Therefore she was justified to the reward of  £ 100. The Court observed that by performing the required act and complying with the necessary conditions attached to the offer of this kind ( – general offer) — the offeree has sufficiently accepted the offer and there is no need for any formal notification / communication of her acceptance to the offer. Note – This is the principle of English Law of contract and endorsed by Section 8 of ICA. The effect of the decision in Carlill’s case is that performance of stipulated condition of the proposal is not only acceptance of the proposal but it is also sufficient communication of the acceptance. Lalman Shukla vs. Gauri Dutt (1913) Facts : In this case, G (defendant) sent his servant l (plaintiff) in search of his missing nephew. G afterwards announced a reward for information concerning the missing boy. It traced the boy in ignorance of any such announcement. subsequently when he came to know of this reward, he claimed it. Held : It was held that since the plaintiff was ignorant of the offer of reward, his Act of bringing the lost boy didn’t amount to the acceptance of offer and therefore he was not entitled to claim the reward. Fitch vs. Smedabar Held : In this case the American Court has held that a reward cannot be claimed by one who didn’t know that it had been offered. Harbhajan Lal vs. Harcharan Lal Facts : In this case a young boy had run away from his father’s house. The father had offered a reward of Rs. 55 to anyone who finds the boy and brings him home. The plaintiff who was aware of the offer of reward found the boy on a railway station and informed the father. The plaintiff claimed the reward. the father contended that since the plaintiff had not brought the boy; he is not entitled to the reward. British judge means the( C.J of the privy council ) held that although there is no strict compliance of the condition of the reward, the plaintiff was however aware of the reward, the plaintiff was however aware of the reward an there is substantial performance. The plaintiff was held entitled to succeed. {information was very much trust worthy based on which father.} Harvy vs. Facey Facts : The defendants were the owners of the plot of land named † Bumper Hall Pen â€Å". The plaintiff being interested in purchasing the same sent a telegram to the defendants â€Å"will you sell us Bumper Hall Pen ? Telegraph lowest cash price â€Å".(1st telegram) The defendants replied also by a telegram † lowest price for BHP,  £ 900 asked by you†. (2nd telegram) The plaintiff immediately sent another telegram to defendants – â€Å"we agree to buy BHP for  £ 900 as asked by you†. (3rd telegram) The defendants subsequently refused to sell the plot of land at that price. The plaintiffs contained that the telegram from the defendants quoting lowest price was an offer and the same has been accepted by the plaintiff and thus, the contract is complete. The defendants contended that quoting the price was not an offer which could be accepted. Held: The Judicial Committee of Privy Council held that the exchange of the above telegrams have not resulted into a contract. It was observed that the 1st telegram had asked two questions regarding willingness to sell and the other regarding the lowest price. In reply only the lowest price was quoted and this was not an offer but a mere supply of information as desired by the other party. The third telegram from the plaintiffs saying † he agrees to buy† was only an offer and not the acceptance of an offer. Since this offer of the plaintiff had not been accepted, there was no binding contract between the parties. Fischer vs. Bell (1961) – Display of goods Facts: The defendant – Bell, exhibited in a show window in his shop, a knife with a marked price. The question arose whether the exhibition of that knife in the show window executed an offer for sale. Held: Lord Parker, the chief justice, stated that the display of an article in a shop window is merely an invitation to treat. It is in sense an offer for sale, the acceptance of which constitutes a contract. It is quite impossible to say that an exhibition of goods in a shop window in itself an offer for sale. Pharmaceutical Society of Great Britain vs. Boots Cast Chemist Ltd. (1952) – Display of Goods Held : The display of articles on shelves in a self-service shop / store merely amounts to invitation to treat. Ramsgate Victoria Hotel Company vs. Montefeire (1866) – if time not stipulated Facts : On 8th June, M offered to take shares in R company. He received a letter of allotment on 23rd November. M refused to take the shares. Held: M was entitled to refuse as the offer had lost by the delay of acceptance since the period of 5 months was not a reasonable one. Hyde vs. Wrench (1840) – Counter offer Facts : W, the defendant, had offered to sell his farm to H, the plaintiff, for  £ 1000. upon the defendant’s refusal to sell the farm, the plaintiff brought an action for specific performance. Held: The Court held that an offer to buy for  £ 950 was not an acceptance of the offer to buy because the offer to sale was for  £ 1000. it was a counter offer and a counter offer to a proposal amounts to its rejection. As such no contract had come into existence between the parties. Neale vs. Merret – Counter offer Note – this case law also highlights that the offeree must not deviate from the terms and conditions of the original offer as laid down by the offerer. Facts : M, the defendant offered to sell land to N the plaintiff at  £ 280. N accepted and enclosed #80 with a promise to pay the balance by monthly installments of  £ 50 each. Held: There was no contract between M and N as the acceptance was not qualified ( unconditional). Thus, an offer once rejected is dead and cannot be revived by its subsequent acceptance. Brogden vs. Metropolitan Railway Co. (1877) – Acceptance communication necessary Facts : A draft agreement relating to supply of coal was sent to the manager of a railway company viz. Metropolitan Railway company. For his acceptance the manager wrote the words, approved and put the draft in his drawer of his table intending to sent it to the companies solicitors for a formal contract to be drawn up. Through oversight the contract remained in the drawer. Held: There was no contract because there was no communication of acceptance. Felthouse vs. Bindley (1862) – Acceptance communication necessary Facts : F (uncle) offered to buy his nephew’s horse for  £ 30 saying â€Å"if I hear no more about it I shall consider the horse mine at  £ 30.† (offer must not thrust the burden of acceptance.) the nephew did not write / reply to F at all. He told his auctioneer, B to keep the particular horse out of sale of his farm stock as he intended to reserve it for his uncle, F. B the auctioneer, inadvertently, sold the horse. F sued him, B, for conversion of his property. Held: F has no right of action against the auctioneer since the horse was not sold to him. This offer of  £ 30 having not been properly accepted, since the nephew had not properly communicated the acceptance to F. The Court observed that it was clear that the nephew had in his mind the intention to sell his horse to his uncle. But an unconditional assent to accept unaccompanied by any external inclination will not suffice. Normally the person to whom the proposal is sent need not reply and the general rule – acceptance of offer – will not be implied, intended from the mere silence on the part of the offeree. Adams vs. Mindsell (1818) – Acceptance by non-instantaneous methods Note – this was the first case in which the rule of acceptance by non – instantaneous methods was propagated. Household Fire & Carriage Accident Insurance Co. Ltd vs. Grant Note – one of the more obvious consequence of the postal acceptance rule is that the offerer must bear the price of the letter of acceptance being delayed or lost. This based on the fact that posting the acceptance makes it invariably out of the offeree’s control. Held: In household fire case, the Court of appeal held that the defendant, Grant, was the offerer who had applied for shares in the company and to whom a letter of allotment ( acceptance letter, hence the company is the acceptor) had been posted but which had not reached him was nevertheless, liable as a share holder. The legal defects of the Court’s decision is that acceptance is complete as against the offerer, that is, the offerer will be bound as soon as the letter is posted. A binding contract takes place between the parties even if the letter of acceptance is delayed due to postal strike or loss in transit. Where however, the delay or loss is due to the fault of the acceptor, as in the case of an acceptance, which is incorrectly addressed, or insufficiently stamped. The rule is that it will take effect of and when it is received by the offerer, provided the offer is still enforced by them or is received within a reasonable time. Durga Prasad vs Baldeo (1880) – Consideration must be given at the desire of the promisor. Facts : The plaintiff, baldeo, at the desire and requset of the elecotr of the town expanded money in the construcvtion of a marjet in the town. Subsequently the defendants, Durga Prasad & Ors. Occupied the shops in the market. Since the plaintff had spent money for the constructoin of the market, the defendants in consideratoin thereof, promised to pay to plaintiff, a commission on the articles ssold throuhg their (defendants) shops in that market. Defendants however, failed to pay the promised commission, the plaintiff brought an action to recover the promised commission. Held: The plaintiff will not succeed since the agreement was void for the want of consideration. It was observed in this case that the consideration of the promisre to pay the commission was the construction of market by the plaintiff. But the expenses incuurred by the plaintiff in construction of the market was not there in the desire of the defendants (promisors) but at the instance/ request of the 3rd party ie, contractor of the town. It was therefore, held that since the consideraion for the construction of markeet did not move at the desire of the defendants., that is, the promisor ( D & Ors.). It did not constitute a valid / good consideration. Hence the defendants were not liable in respect of the promise made by them, following the first legal rule. Kedarnath Bhaattacharya vs Gauri Mohammed. (1887, Cal HC ) Facts : The town planners of howrah,thought advisable to erect a townhall at howrah,provided sufficeient subscription were collected.with the object in view the commisioner of howrah municipality started to raise necessary fund by public subscription.the defendants one of the subscribor’s of this fund for Rs 100 signed his name in the subscription book at that amount. On the faith of the promised subscription the plaintiff (commisioner of the howrah municpality) entered into a contract with a contractor for the purpose of the building the town hall. Later the defendant subscriber referred to pay the amount upon the promise to pay / subscribe. In other words ,he contended that there would be no personal benefit / significance by the construction of the hall. Held : He was held liable. It was observed that in he case person were asked to knowingly subscribe the purpose to which the money was to be applied / use. They also knew, that on the faith of their subscription and an obligation was to be incurred to pay the contactor for the work. The Act of plaintiff is entering into contract with the contractor was done at the desire of the prommisor so as to constitute a good consideration within the meaning of the section 2(d) of ICA. Chinnaya vs ramayya (1882 Madr HC) Facts : A, an old lady, granted / gfted an estate to her daughter the defendant, with the direction / condition that the daughter should pay an annuity ( annual payment ) of Rs 653 to A’s brother, the plaintiff. On the same day the defendant, daughter (promisor) , made a promise vis a vis an agreement with her uncle that sshe would pay the annuity as directed by her mother, the old lady. Later the defendant refused to pay on the ground that her uncle (promisee, plaintiff) has not given any consideration. She contended that her uncle was stranger to this consideration and hence he cannot claim the money as a matter of right. Held: The Madras HC held that in this agreement between the defendant and plaintiff the consideration has been furnished on behalf of the plaintiff (uncle ) by his own sister (defendant’s mother). Although the plaintiff was stranger to the consideration but since he was a party to the contract he could enforce the promise of the promisor, since under Indian law, consideration may be given by the promisee or anyone on his behalf – vide Section 2 (d) of ICA. Thus, consideration furnished by the old lady constitutes sufficient consideration for the plaintiff to sue the defendant on her promise. Held, the brother / uncle was entitled to a decree for payment of the annual sum of money. Thomas vs Thomas (1842) Tweddle vs Atkinson (1861) {See Bottom } Held: It was held in these cases that the under the English law, that if the consideration is furnished by any person other than the promisee himself, then the promisee is relegated to the position and status of a stranger to the consideration and therefore, he cannot sue for promise. Harvey vs Gibbons : Facts : In this case a servant was promised  £ 50 in consideration of promise that he would release a debt to his master. Held: This is legally impossible. Collins vs Godefroy (1831) – Facts : The promisee, plaintiff, received subpoena (summon from the Court) to appear at a trial as a witness on behalf of the defendant (promisor). The defendant promised him a sum of money for the troubles which was to be taken by him in appearing that case. A person who receives a subpoena is bound to attend and give evidence before the Court. Later the defendant refused to pay the promised amount. The plaintiff sued him to recover the promised amount. Held It was held that there was no consideration for promise. The plaintiff being already a legal duty to attend. But where the undertaking is to do something more than what the promisee is legally bound. This may constitute a good consideration for the promise of the promisor. Glasbrook Bros. Ltd. Vs Glamerglan County Council (1925) Facts : Glamerglan County Council, a police authority, sued for a summ of  £ 2200 promised to it by Glasbrook Brothers Ltd. a colliery company. The police authority had provided a stronger guard during a strike, as required by the company than was in its opinion, necessary. Held : It was held that providing stronger guard then what was actually necessary was a good consideration and the defendants were liable to pay for the same. Tweddle Vs Atkinson Note – The rule that only parties to the contract can sue each other was recognised for the first time in 1861 in this case. Facts: In this case, the plaintiff, A , married a girl B. After this marriage a contract in writing was made between the fathers of the married couple that each should make a payment of a certain sum to A who should have the power to sue the executors of her father in law’s estate for the promised money by the father in law. Held: It was held that the husband could not sue her since 1. He was not a party to the contract (stranger to a contract), as also 2. No consideration has moved from him to his father in law (stranger to the consideration) Guarantee – Bailment GUARANTEE Madho Shah vs Sita Ram Note – The liability of the surety is said to be † vicarious † with that of the Principal Debtor. Vicarious liability means that the liability between two parties is joined and several. The Principle of Vicarious Liability involved in a contract of guarantee was recognised for the first time in this case. R . Lilavati vs Bank of Baroda The loss of securities by the creditor results in the discharge of the surety – vide Section 141. If however the pledged securities are lost without any fault of the   Reed vs Dean Facts : ‘A’ hired a motor from B for a holiday on river Thames. The motor caught fire and A was unable to extinguish it as the fire fighting equipment was out of order. As such he was injured and suffered loss. Held : B was liable as it was a case of non gratuitous bailment. Misa vs Currie Facts : A customer had two separate accounts with a bank and he owes to the bank on of the accounts. The bank can liquidate / realize the debt due to it by transferring money there from. The same provision is equally applicable to India. UPTON-ON-SEVERN RURAL DISTRICT v. POWELL (1942); briefed 9/10/94, pg. 171. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: ∆’s barn was on fire and he called the local Upton police chief and asked him to send â€Å"the fire brigade†. The Upton fire brigade showed up and began to put out the fire. While the fire was still burning, a neighboring fire chief came by and informed all that the farm was really in his district, and so the Upton fire brigade was not under obligation to put it out for free. When the ∆ refused to pay for the service, they sued. Nature of the Risk: You may contract by implied promise when you ask for assistance in protecting your property. Issue: Was there a contract between the fire brigade and the farmer by implied promise of the farmer to pay if payment was required? Holding: Yes. Parties create a contract by implied promise when one renders service that requires payment, even though the other may not be aware that the service requires payment. Reasoning: The court reasoned that the fact that neither intended to enter into a contract was irrelevant. The contract was created because the service was performed and therefore there was an implied promise to pay. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6 is a famous English contract law decision on the nature of anoffer. The Court held that the display of a product in a store with a price attached is not sufficient to be considered an offer, but rather is an invitation to treat.