Monday, September 30, 2019

New Employee Orientation Programs Essay

In recent years employee orientation programs have taken on a position of importance in most successful organizations. All of the information in this process will facilitate the orientation of new employees. Most employers provide orientation programs for new hires and training programs for both current and new employees. These programs have different purposes. Orientation programs typically deal with the assimilation of employees into new working environments while training programs generally concern “hands on” job or functional skills development The orientation for new employees will provide the appropriate information regarding their job andThe topics addressed include should include: program evaluation, testing, certificates of completion, training records, equal opportunity for training, hours worked, harassment and discrimination training, safety training, repayment of training expenses. All new employees should complete a new employment orientation program that is designed to assist them in adjusting to their jobs and work environment and to instill a positive work attitude and motivation at the onset. A thoughtful new employee orientation program can reduce turnover and save an organization thousands of dollars. One reason people change jobs is because they never feel welcome or part of the organization they join. The most important principle to convey during an orientation is your commitment to continuous improvement and continual learning. That way, new employees become comfortable with asking questions to obtain the information they need to learn, problem solve and make decisions. Preparing a checklist of subjects, which should be reviewed with each new employee, is imperative, as well as setting aside the appropriate amount of time for this to be done(Legge 2005). Time should be devoted to this new employee without interruptions to convey to the new person that they are the most important item on the agenda at the moment. A New Employee Orientation Checklist is crucial to expedite the orientation process a make it as more productive one and the check list should include: Personnel file contents, verification of any licenses or certifications  required on this person’s job, Complete necessary paperwork, INS Form I-9, Employment Eligibility Verification, Employment agreement if you use them, Receipt for their copy of your employee handbook, W-4 Form for payroll withholding. Personal data sheet so you will have the information necessary on emergency contacts, home address and telephone number, social security number. Explaining the companyÂ’s practice, policies and procedures to the new employees is important since it will clarify what benefits is the employee entitle to, as well as what will be expected from the employee such as: hours of work and attendance/tardiness policy, payroll periods, when paychecks are delivered and when first check will arrive, rates of pay, overtime rules, training or introductory employment period, employee benefits for which they are or may become eligible: medical insurance, sick leave, vacation, personal leave, jury duty, holidays, pension programs, savings programs and/or stock plans, life, disability and accident insurance, employee activities, other benefits you offer and how much the employer will pay for each. advancement or promotion opportunities and procedures and employee suggestion plan. During orientation new employees should have the opportunity to know the corporate culture, and understanding of “how we do things around here.† (Legge 2005)This is the best time for to create the attitude expected from workers to have in performing their jobs, setting the tone for the remainder of their employment with the company, making it positive to stress the things which are truly important the organization, and, giving the employee opportunity to ask questions along the way. A well-thought-out orientation process takes energy, time and commitment; however it usually pays off for the individual employee, the department, and the organization. An effective orientation program – or the lack of one – will make a significant difference in how quickly a new employee becomes productive and has other long-term impacts for your organization. The end of the first day, the end of the first week, the end of each day in your employment, is just as important as the beginning. Help your employees feel  that you want them to come back the next day, and the next, and the next. References Legge, K. (2005). Human Resource Management: Rhetorics and Realities. Anniversary ed. Macmillan. Lowman, R. (2002). California School of Organizational Studies Handbook of Organizational Consulting Psychology. Jossey-Bass. . Retrieved January 23, 2007Steyaert, C. and Janssens, (1999). Organization (Special Issue) Sage Publications . Retrieved January 24, 2007, from: http://org.sagepub.com/content/vol6/issue2/

Sunday, September 29, 2019

Jamba Juice †Porters 5 Forces: Suppliers Essay

The bargaining power of providers. one of Porter?s Five Forces. can hold a important consequence on an organisation. Suppliers hold power over a house when they increase monetary values and cut down the quality of their merchandise and the house can non utilize their ain pricing to retrieve these alterations in costs. Switch overing costs is the â€Å"negative costs that a consumer incurs as a consequence of altering providers. trade names. or products† . Switch overing costs can stand for a assortment of things: clip and attempt. cost in dollars. and any other negative consequence associated with exchanging providers. Companies that remain successful for many old ages implement a scheme that makes it difficult for purchasers to exchange from their merchandise to rivals. Jamba Juice requires fresh fruits. juices. dairy merchandises. vitamins. and protein ingredients in order to bring forth their smoothies. Their shift costs are low. because it is easy for them to exchange from one company of providers to another. The shift costs for their clients are besides low. because it is really easy for a client of Jamba Juice to take to travel to Starbucks or Orange Julius alternatively. There is non much of a pecuniary difference or excess attempt required for the client ( Hitt. 52 ) . Jamba Juice has providers of all of the ingredients of their smoothies including the dairy. fruits. juices. vitamins. and proteins. Their basic natural stuffs are fresh fruits and veggies. dairy merchandises. and protein ( Jamba Juice ) . Natural stuffs are defined in Investopedia as â€Å"A stuff or substance used in the primary merchandise or fabrication of a good† ( Investopedia ) . Suppliers provide the natural stuffs to do the finished good. Jamba Juice offers existent fruit juices and smoothies. staff of lifes. pretzels. and packaged bites. Jamba Juice says they merely offer high quality smoothies. hence merely the finest fruit and supplies are used. They do rely to a great extent on their providers. particularly those of fruit. They have a end to supply high quality fruit that is consistent throughout the twelvemonth. When telling fruit. they order a jutting sum for the whole twelvemonth at the extremum of the season for each specific fruit. The monetary value of fruit is determined by supply and demand and can change greatly. Jamba Juice has a contract with independent distributers who dispense merchandises from the providers to the shops. Therefore the provider power is low. Jamba Juice prides itself in functioning healthy nutrients and merely healthy nutrients. They besides pride themselves on utilizing fresh fruit. If the fruit they are presently purchasing rises in monetary values all of a sudden so the franchise can merely take to purchase its fruit from another provider. For this ground there isn’t truly that much power. Plus the shop is franchised so every Jamba Juice buys it’s merchandises from a different provider. it’s non like they all depend on one. Buyers The concentration of purchasers for Jamba Juice can be focused into two classs. The first class is the consumers. which travel to the specific locations to buy goods such as a smoothy or burgoo. The 2nd grouping of purchasers is the 1s who choose to buy a Jamba Juice franchise ( U. S. ) . The dickering power of the two separate types of purchasers depends on Jamba Juice?s merchandise distinction. The purchasers looking to have a franchise have the chance to buy any type of company that has the option to franchise their locations. With the premise that Jamba Juice?s purchasers are looking for a specific franchise of â€Å"processed & A ; packaged goods. † so the focal point turns to companies like Dairy Queen. Maui Wowi and Smoothie King Franchises ( Jamba ) . Each of these nutrient locations within the United States proposes the pick to franchise. This handiness of franchised companies gives purchasers the determination to take and make a determination based on their list of values needed within a shop. The ultimate consumers have noticed their pick among the huge sum of smoothy options throughout their communities. The three major rivals force the purchasers to distinguish which company they believe offers the â€Å"best† smoothy. Starbucks is presently viing with Jamba Juice?s purchasers within the breakfast nutrient market. Therefore the purchaser power is Medium. The populace is reasonably used to it’s life style of fast nutrient. Ironss like this are based largely on convenience. Besides the fact that this shop goes off of a healthy life style. they are traveling to acquire a niche market who will back up them no affair what. Substitutes Substitutes are defined as a merchandise or service that is non in the same industry as your merchandise. but can execute the same map as your merchandise. Substitutes possess a menace to Jamba Juice because clients do non hold high shift costs ; therefore it is easy for a client to take a replacement over Jamba Juice?s smoothies. Many of the replacements related to Jamba Juice are similar in monetary value and quality ; therefore they do non hold much distinction from their replacements. Differentiation of a merchandise can assist cut down the menace of replacements. This adds value to a merchandise that is of import to clients. Jamba Juice has differentiated itself by offering its clients healthy refreshments. This will appeal to the wellness witting market that is merely interested in seting healthy nutrient and drinks into their organic structures. This is a niche that is going more popular to people in the US. Consumers value alimentary options to hike their energy every bit goo d as give them much-needed vitamins. The smoothy industry has besides grown because many Americans skip repasts and do non hold healthy eating wonts and they rely on smoothies to give them a choice me up bite and good needed vitamins. There are many menaces that exist to the smoothy industry. Some replacements that pose the highest menace are java. soft drinks. healthy juices. energy drinks and milk shakes. Each of these replacements is similar in monetary value and quality of Jamba Juice. Even with market rates diminishing in soft drinks and java. they still pose a menace as a replacement for Jamba Juice. Coffee is still a menace to Jamba Juice?s smoothies. particularly with successful companies such as Starbucks and Tully?s Coffee. These are well-known companies and trade name names that people know and trust. There is a Starbucks on every corner and the company is really accessible throughout the United States. Milkshakes and ice pick may be another replacement for Jamba Juice. Ice pick can carry through the same demand of a cold creamy drink or refreshment. Topographic points such as TCBY. Cold Stone. and Baskin Robins offer clients the option of a creamy milk shake on a hot summer twenty-four hours or scoops of ice pick. In add-on. many of these ice pick stores besid es serve fruit smoothies. Jamba Juice has differentiated its merchandise line by doing natural smoothies with less sugar. This gives them an border over the replacement of milk shakes or sugary smoothies. Many are get downing to seek healthy drinks such as smoothies and healthy fruit juices such as Bare Juices. This can be another replacement to smoothies. Bare Juices are 100 percent juice with no added sugar or preservatives. They offer a assortment of tasty spirits every bit good as adding antioxidants. protein. and many other foods. Bare Juice is besides get downing to add smoothies to their merchandises. which make them really competitory to Jamba Juice. Therefore the menace of replacements is high. There are a batch of replacements to replace Jamba Juice due to low shift cost for clients and many other merchandises to replace it with. Rivals In the nutrient and drink industry. Jamba Juice has a batch of rivals. Since the company is now get downing to function breakfast nutrients in add-on to drinks. they are in direct competition with 1000s of new concerns. Some of the chief rivals are Starbucks. McDonald?s. and shortly to be bottled drinks at your local food market shops. However. Jamba Juice is seeking to be more aggressive by making clients in locations where other concerns haven?t tried excessively difficult to pull. For illustration. Jamba Juice has late announced that they want to get down opening booths at airdromes and at universities and colleges throughout the state. There are legion rivals in the same industry as Jamba Juice. many of which hold a larger portion of the industry. However. Jamba Juice is spread outing their bill of fare by making more nutrient type options. such as burgoo. The job with this is the fact that this opens up their company for more rivals to take them down. Jamba Juice is come ining a whole new market with a big figure of rivals by functioning nutrient. By functioning nutrient to those clients who already purchase smoothies they are taking that much concern off from their competition. They are carry throughing a demand that has been overlooked. As mentioned earlier. McDonald?s is positioning themselves to take over all of the nutrient and drink market by making merchandises that are similar and cheaper than their rivals. For illustration. McDonald’s late expanded their market by making the McCafe eating house concatenation. Therefore grade of competition is really high. There are a batch of eating houses that sell smoothies and besides some that sell healthy nutrient. Because of this Jamba Juice has to work hard to remain in front of the competition. Normally one time a client chooses a topographic point they like they stick with it. It’s merely acquiring the client to lodge with them. New Entrants The barriers to entry in an industry are a step of how easy it is for a new market entrant to come in into a given industry. In order to judge if the industry that Jamba Juice is in has a high or a low barrier to entry it is necessary to analyze several cardinal indexs of a high or low barrier to entry. These cardinal factors include economic systems of graduated table. merchandise distinction. capital demands. exchanging costs. entree to distribution channels. cost disadvantages independent of graduated table. authorities policy. and expected revenge. The first cardinal factor to finding whether or non an industry has a high barrier to entry is to analyze the companies that can run off of economic systems of graduated table. Economies of graduated table are derived from incremental efficiency betterments through experience as a house grows larger. So as the quality of a merchandise produced during a given period additions. the cost of fabricating each unit declines. Economies of gra duated table are non considered to be a barrier to entry for Jamba Juice or its rivals. Jamba Juice is a retail merchant specialising in selling healthy merchandises such as burgoo and smoothies. These merchandises are customizable and customizable merchandises are non produced in adequate measures to accomplish economic systems of graduated table. Therefore new possible rivals to Jamba Juice seeking to sell comparable customizable fruit merchandise would non happen economic systems of graduated table to be a barrier to entry in this instance. The 2nd barrier to entry is merchandise distinction. This happens when a company can convert consumers that its merchandises are alone and construct trueness to the merchandises. A company can besides offer a set of different but related merchandises to increase the barrier to entry. Jamba Juice has established this barrier to entry in the fact that their trade name works on extremely customizable blended fruit drinks which their advertisement emphasiss as healthy and alone bites. Once clients are loyal to Jamba Juice and its merchandise line. it would be difficult for a new market entrant to change over Jamba Juice clients over to thei r merchandise line. In order to antagonize this. a new market entrant would hold to competitively monetary value their merchandises at lower monetary values. This could ensue in reduced net incomes or even a loss and therefore is unsafe to make. The capital demands for entryway into Jamba Juice’s market are non extended and don’t represent a serious barrier to entry. Since Jamba Juice is a comparatively little operation. the overall costs in opening a location would non be extended. A new market entrant could easy open up a smoothie base or little shop and compete with Jamba Juice. The lone resource that would revenue enhancement the new market entrant would be the excess selling needed to derive market portion early on. As discussed earlier. exchanging costs are erstwhile costs clients incur when they buy from a different provider. These costs pose small barriers to entry for Jamba Juices market. A client merely has to drive to a different location if they wanted to exchange trade names. In order to increase shift costs. companies could offer loyalty wages plans designed to increase the customer?s inclination to return for repetition concern. Another effectual barrier to entry is entree to distribution channel s. If Jamba Juice wants to sell its merchandises in food market shops it would hold to vie for new shelf infinite with all the bing trade names. In order to make so they would hold to offer monetary value price reductions and concerted advertisement. which would cut into their net incomes. That facet of Jamba Juice?s market has a high barrier but the other facet of base entirely fruit juice bases do non. Cost disadvantages independent of scale involve cost advantages that a new market entrant can non copy. The most relevant barrier to entry for the fruit drink market would be the physical locations of the Jamba Juice shops. If Jamba Juice has a premier location that a new market entrant can non entree. so the barrier to entry in that country would be big. For illustration. Jamba Juice has little booths in airdromes. The barrier to entry of authorities policy is comparatively simple in footings of nutrient and imbibe ordinance. A new market entrant would merely necessitate to follow the jurisprudence and obtain the proper permits to sell nutrient and drinks. This would present no barrier for a company serious about acquiring into the market. The last barrier to entry that a new market entrant would necessitate to analyze would be the expected revenge from the establishe d market rivals. If a new market entrant attempts to travel into a market that is in direct competition with Jamba Juice. so they can anticipate a revenge of increased publicities. price-cutting. or new trueness plans from Jamba Juice to protect its market portion. A manner to short-circuit this barrier is to happen a niche that is non yet focused on by the bing market. Overall the barrier to entry for a company that wants to vie with Jamba Juice is reasonably low to mid scope of trouble. It is easy to acquire into the market because one can construct shops rapidly and it does non necessitate extended capital to come in the industry. The lone oppositions that Jamba Juice and other established rivals have erected are a strong merchandise distinction and client trueness. In order for a new market entrant to win. they would necessitate to concentrate on advertisement and happening something to distinguish themselves from the current industry leaders. Therefore the Threat of new entry is Low. Most of these eating houses are reasonably established and have a nucleus client base who are loyal to their merchandises. The lone menace of new entry they have is if an set up eating house who doesn’t sell smoothies decides to add smoothies to their bill of fare.

Saturday, September 28, 2019

The Effective Use and Importance of Hypothesis in Management Assignment

The Effective Use and Importance of Hypothesis in Management - Assignment Example The hypothesis such as presented by Bryant (1998) about the claim that CEOs who play a good game of golf also run high-performing companies is subject for various tests and more researchers for it to be proven correct. Thus, hypotheses are to be tested just prior to proving them in the case of some claims underlying various researchers. There are many ways on how to test a hypothesis. Statistically, a hypothesis can be viewed as the subject for testing the validity or truth of the statement. If the researcher failed to prove the hypothesis, then he or she has also failed to provide sufficient evidence to prove the validity of a null hypothesis (Reeves & Brewer, 1979). Statistics is one of the best tools used to analyze and obtain information from a given data or set of information. Statistics consists of numbers and these are used to define and form concrete information. In the article of Bryant (1998), the importance of statistics was justified when specific average handicap index of golfers was calculated to obtain and deduce specific information from it. The given information when combined can be used effectively especially in inferential statistics. Inferential statistics uses numbers and data or data set to obtain conclusive information. However, it cannot be denied that the information that will be obtained is dependent on the raw data. There are many ways to draw inferences from the raw data but many of them are heading to wrong direction (Knowledge @ Wharton, 2008). In the article of Bryant (1998), the inference is dependent on the given numbers explaining average handicap index of golfers. There can be many things related to these figures but the bottom line is that all of them explained how to classify information to finally come up with a general conclusion.  Ã‚  

Friday, September 27, 2019

English Essay Example | Topics and Well Written Essays - 500 words - 3

English - Essay Example Home Heating Systems are indeed the best choice for homes like yours ( you have mentioned that you have an extended family living together) as they keep the house warm without overheating and many of the modern heating systems (which we frequently recommend) have been shown to cause a 50% lesser risk of dehydration than the conventional Gas or electric systems. Therefore I extend a warm welcome to you, since you have made the right choice in availing our advisory/consultancy services. The reason I am of the opinion that you avail yourself of our "Absolutely Free" Home Improvement Consultation is that you need to be able to identify the types of Home Heating Systems and be able to compare their advantages and disadvantages. This will help you make the right choice regarding the feasibility and brand name of your Home Heating System. A consultation with us will cover the types of brands of Home Heating Systems as well as the best brands in terms of after sales service and warranties. At this point I do not have enough information about the structural attributes of your residence and therefore it is too early for me to comment whether you should abandon your conventional central heating system for the "Forced Air Ducting System" or the modern "Radiant heating system". Heating needs. Also I agree that your old heating system is not a very pretty sight and does damage the wall paint and wall decoration.

Thursday, September 26, 2019

NTT DoComo Case Analysis Essay Example | Topics and Well Written Essays - 750 words

NTT DoComo Case Analysis - Essay Example omoted, if we do decide to include eMoney payments in FeliCa phones, and whether credit card functionalities should be included, and if yes, the right business model. The major strengths and weaknesses against the various options have been evaluated. The analysis clearly points to the weight that needs to be attached to DoCoMo’s potential fist-mover advantage in offering contactless IC technology built into a mobile phone, and the fact that the key strengths of DoCoMo have been derived from innovative solutions offered in the telecommunications industry itself by DoCoMo leading to immense benefits, as exemplified by the innovative strategies employed while launching â€Å"i-mode† services back in 1999, and again in the revolutionary launch of 3G (FOMA) services in 2001. While the prime concerns are related to security in financial transactions, and the acceptability of separate readers by the merchant outlets, the proposed strategies address these concerns after careful analysis. The final recommendations strongly advocate diversification into financial services with the Mobile FeliCa offering, thus gaining first-mover advantage, a conscious strategy for striking alliances in both the eMoney space as well as the credit card space, capitalizing on the network effects. These will result in both additional revenue streams, as well as in pre-empting competition from tying up with the known leaders in the market. Thus a phased implementation plan has been recommended covering installation of Edy readers at 12,000 outlets in 6 months, immediate alliances with JR East and JCB for eMoney, and a proactive involvement in promoting a joint initiative for reader interoperability with bitWallet, JR East and JCB by end-2005. The recommendations also include DoCoMo’s own phone-based credit launch, targeted at upgrading the FOMA subscriber base, as well as non-exclusive partnerships with Visa, MasterCard and JCB. To address the security concern, it is recommended tha t DoCoMo

The American Revolution - Discussion Question Only Essay

The American Revolution - Discussion Question Only - Essay Example In 1838, President Andrew Jackson sent federal troops to enforce the treaty and evict the Indians from their native lands. The resulting march to the west became known as the Trail of Tears. Approximately 17,000 Native Americans were put on a forced march westward. The conditions were severe and it is estimated that over 5,000 tribal members died as a direct result of the march. Most of the deaths occurred due to disease, famine, and the hardships encountered by exposure to the elements on the lengthy forced march. The US Constitution, Bill of Rights, and the Philadelphia Convention of 1787 all failed to deal directly with the issue of slavery. By 1820 there were 11 free states that believed in a strong union government. There were also 11 slave holding states that believed in states rights and one of those rights was the right to maintain slavery. The Compromise of 1820 allowed Missouri and Maine to be admitted to the Union and thus maintained the balance of free and slave states. This instituted the two-by-two method of admitting states and resulted in the pairings of Arkansas and Michigan, Florida and Texas, and Iowa and Wisconsin. For the next 30 years, the government worked to allow admission on a two-by-two basis and maintain this balance.

Wednesday, September 25, 2019

Coca-Cola India Case Study Example | Topics and Well Written Essays - 500 words

Coca-Cola India - Case Study Example For more than 100 years, coca-cola has maintained the leading position in demand for soft drinks in the industry. The company made its entry into India through Coca-Cola India Private Limited; Coca-Cola India PVT is a wholly owned subsidiary of the company. In 19963, the company re-launched coca-cola two years after opening up the Indian economy (Banerjee, 2009). Since the re-launch of Coca-Cola in 1963, the company’s operations have increased rapidly. Coca-Cola Company uses a model that supports bottling operations that are both locally and company owned. Indian distributors are approximately 7000 while retailers are 2.2million. This wide distribution network has made Coca-Cola products a leading brand in most of the beverage segments. Coca-Cola India produces a variety of brands including Coca-Cola, Limca, Thumbs Up, Kinley, Minute Maid, Fanta Orange, Sprite, Burn, Maaza and Vitingo. The authorized bottlers are engaged in independent development markets for these products and distribute them to grocers, small retailers, restaurants, and supermarkets. In addition to USD 2 billion that Coca-Cola has already invested in India, there are plans for investing additional USD 5 billion by the year 2020 (Banerjee, 2009). Coca-Cola’s operations in India has not been streamlined despite huge investments. One of the crisis in the company’s history in India revolves involves August 5, 2003 attack. The Centre for Science and Environment, an activist group comprising of engineers, environmentalists, scientists, and journalists attacked coca-cola citing evidence of unsafe products in the company’s beverages (Banerjee, 2009). The press release stated that Coca-Cola India’s twelve major brands sold in Dheli contained deadly cocktail pesticide pesticides. The accusation caused fear concerning the sustainability of Coca-Coca Company in India and the safety of its products. This incidence had significant implications on the company’s profitability, corporate

Monday, September 23, 2019

Assignment 1 Essay Example | Topics and Well Written Essays - 500 words - 2

Assignment 1 - Essay Example Medical professionals must not only be able to diagnose and treat diseases, but they must also be aware of foods and substances that may be attributed to cultural behavior patterns. Diseases may be transmitted through the consumption of cultural-based foods not found in normal mainstream environments. However, this cultural empathy is not always taught within medical training. Professionals rely so much on their medical expertise that the problems with cultural diversity and cultural awareness are not often understood or applied within a medical environment. In the end, this makes the patient the victim of ignorance and restricts the medical professional’s ability to treat the patient. Furthermore, communication is an important component of cultural diversity and awareness. A patient or research subject must be able to communicate what his or her problems are and the researcher must also be able to ask questions and communicate the treatment methods that are going to occur. Medical administrators must also ask family members and friends specific questions regarding medical history which could come into play regarding research issues and practices. All of this communication is necessary for the treatment and compliance within a research-based institute. Therefore, the need for multi-lingual staff members is crucial, especially in areas where diversity may be the main focus or in geographical areas where diverse demographics may be greater than others. Cultural diversity has impeded the quality of research that can be provided and professionals within the field are only now beginning to understand the impact that culture has on behaviors, treatment and communication . The text illustrates a multitude of dimensions that showcase precisely how important of a role that culture can play on everyday lifestyles. For instance, within the Universal and Culty-Specific Psychological Processes, Matsumoto

Sunday, September 22, 2019

Parliamentary sovereignty Essay Example | Topics and Well Written Essays - 1000 words

Parliamentary sovereignty - Essay Example The notion of Parliamentary Sovereignty has been central to democratic practice for a considerable period of time. In a democracy, the legislature is elected by popular vote and this has been a major feature of the English Constitution. In the initial stages of democracy in Britain, liberty was at grave risk due to monarchical power.1 As a consequence of the doctrine of Parliamentary Sovereignty, the Parliament was empowered to enact or rescind any law whatsoever. In addition, no individual or organisation was permitted by English Law to set aside or overrule legislation enacted by Parliament. In R (Jackson) v Attorney General,2 Lord Hope stated that Parliamentary Sovereignty was not absolute. Thereafter he referred to the enactment of the 1972 European Communities Act and the 1998 Human Rights Act which had effectively diminished the power of Parliament to legislate.3 There was disagreement among their Lordships, regarding the ruling in R (Jackson) v Attorney General. This divergenc e in view related to whether the process detailed under section 2 of the Parliament Act 1911 and 1949, could be employed by the House of Commons to extend the life of Parliament beyond 5 years. The decision in the Jackson case apparently supports this view. Most of the members of the House of Lords were against this conclusion.4 However, they were signally unable to substantiate it in a manner that was consistent with promoting the supremacy of Parliament. In particular, Lord Hope highlighted the fact that the notion of absolute legislative sovereignty of Parliament that had been derived by Dicey from Blackstone and Coke was undergoing gradual change. However, in his judgement in this case, Lord Hope refrained from explicitly declaring that the courts lacked the power to question the validity of legislation for the reason that the latter was incompatible with union legislation.5 However, Lord Hope was of the opinion that union legislation was a tangible constraint on Parliamentary S overeignty. As per Lord Hope, the doctrine of Parliamentary Sovereignty was central to the Constitution. However, due to certain developments, Parliamentary Sovereignty was not absolute. Consequently, it would be incorrect to contend that Parliament’s freedom to legislate is unrestricted.6 In addition, Lord Hope stated that the rule of law, which was implemented by the courts, was the decisive controlling factor, and that the Constitution was founded on this element. Furthermore, Parliamentary Sovereignty would be rendered a hollow doctrine, if the general public refused to acknowledge legislation enacted by it, on the grounds that it was extremely offensive and incongruous. The fulcrum of the British Constitution is the doctrine of Parliamentary Sovereignty. Dicey, wrote extensively on the doctrine of Parliamentary Sovereignty and deemed it to be the underlying feature of British political institutions, as well as the very bedrock of constitutional law.7 As per Dicey, parlia ment can repeal or enact any law and the judiciary cannot hold a statute to be invalid for the reason that it breaches legal or moral principles.8 Thus, every fundamental law, with the exception of the principle of Parliamentary Sovereignty, can be altered by Parliament. One of the critical features of the rule of sovereignty is that no parliament has the power to bind its successors. Thus, there is no avenue, whereby a parliament can ingrain an Act of Parliament.9 In other words, every Act of Parliament can be repealed by subsequent legislation. Dicey was a strong proponent of the thought that the Rule of Law would be affected by discretionary power, as the latter would ultimately result in arbitrary decisions. This has been criticised by some scholars, who have contended that discretion is inevitable in a modern state, if a wide range of regulatory and welfare duties have to be carried out.10 All the same, several important values are incorporated in the Rule of Law, such as acces s to justice, accountability, certainty, due process, efficiency,

Saturday, September 21, 2019

Kite Runner Rahim Khans Dying Wish Essay Example for Free

Kite Runner Rahim Khans Dying Wish Essay Around the time of his 13th birthday, Amir decided to do something that would change his life forever; he decided to betray his loyal friend and servant, Hassan. His actions caused Hassan and Ali to leave Baba and him forever. Soon after that happened, Baba and Amir were forced to leave the Wazir Akbar district due to several dangers. They ended up in Fremont, California. Although Baba didn’t like his life in America, Amir seemed to enjoy it. â€Å"For me, America was a place to bury my memories. † (112) Although he says that it was a place for him to bury his memories, was he ever completely able to forget about them? Did he ever gain salvation? In the summer of 2001, Amir received a call from his father’s old friend and business partner, Rahim Khan. He asked Amir to come meet him in Pakistan because he was very ill, and didn’t know how long he would live. Even though he said all this, what caught Amir’s attention was something he said just before he hung up: â€Å"There is a way to be good again.† (2) This meant that Amir finally had the chance to right his wrong. After almost three long decades, Amir had gotten a chance to get forgiven for his sins. When Amir got to Pakistan and met Rahim Khan, he came to know about two of the most shocking facts: that Hassan was actually Baba’s son, and that he was killed by the Taliban! Rahim Khan’s dying wish was for Amir to go back to Kabul, and get Sohrab, Hassan’s son, and bring him to an American couple, Mr. and Mrs. Caldwell, who would then take care of him. In a way, Rahim Khan was doing Amir a favor, because he was giving him a chance to finally forgive himself for what he did to Hassan. He could no longer meet Hassan and apologize to him in person, but instead he could go to Kabul, and save his son, Sohrab.

Friday, September 20, 2019

Porters Five Forces Analysis Marketing Essay

Porters Five Forces Analysis Marketing Essay Introduction The main purpose of applying the five forces analysis is to identify the key factors in the industrial environment that influence the organizations capabilities to position itself in order to merit competitive advantage. It is a framework for industry analysis and business strategy development formed by Michael Porter. An industry is a group of firms that market products which are close substitutes for each other (e.g. the car industry, the hotel industry).Some industries are more profitable than others, the answer lies in understanding the dynamics of competitive structure in an industry. Porters Five Forces Model is one of the most influential analytical models for assessing the nature of competition in an industry. Porter explains that there are five forces that determine industry attractiveness and long-run industry profitability. These five competitive forces are the threat of new competitors entry, the threat of substitutes, the bargaining power of buyers, the bargaining power of suppliers, and the degree of rivalry between existing competitors. Porters five forces diagram. http://www.b2binternational.com/china/images/stories/sections/porters_five_forces.gif Source: www.valuebasedmanagement.net Introduction to hotel industry A hotel is an institution that provides a short-term paid residence. In the past, hotels were just a small room with a bed, cupboard, and a table, but now it has totally changed to something else. Nowadays hotels are luxurious residences that include different types of facilities. Most of the hotels now include spas, swimming pools, fitness centers, conferences rooms and international restaurants. Even the rooms are now bigger and include many comfort facilities. Malaysian Association of Hotels (MAH)  was established in 1974. It is now being officially recognized as a National Hotel Association. Now it sets the regulations and minimum acceptable levels for being a legal verified hotel in Malaysia. It has 2,184 registered members and 17 more hotels in the next 3 years. Table: Hotels and rooms supply 2010/2011 Bargaining power of suppliers The term suppliers comprises all sources for inputs that are needed in order to provide goods or services. The two key suppliers to the Hotel industry are labors and real estate Over all the suppliers in this market are defined as property owners, developers and real estate companies, interior design and furnishings companies, architects, management and training service providers, marketing companies, industry consultants and ICT manufacturers. Category Rating 1-10 Remarks Number of suppliers 6 (medium) Considerable no. of local and Chinese contractors Small number of quality training providers and skilled employees. Availability of substitute 6(medium) Substitutes for property (real estate agents), designers, and employees are available. Switching cost category 2 (low) -substitute for hotel are few.. Suppliers threat of forward integration 2 (low) Suppliers are highly unlikely to forward integrate into the hotel business Industrys treat backward integration 5 (high) -hotels could backward integrate to own real estate company. They could have their own training wing. Contribution to quality 5 (high) -Property development and real estate companies add to the quality so does skilled labor and quality training Contribution to cost 2 (low) -Most suppliers are much smaller companies compared to hotel companies. -Hence hotel companies have a much higher bargaining power. suppliers contribution to cost is low Overall, the number of suppliers for the Hotel industry is quite large and each supplier is very small in size compared to the leading players in the industry. These few powerful players are indispensable to the suppliers. Substitutability of the suppliers is also quite feasible and inexpensive. Switching between real estate agents is not goingto affect a particular Hotel company significantly. However in terms of quality, training centers for employees and ICT manufacturers who provide IT systems thatfor property management are relatively more difficult to replace. Therefore in terms of substitute suppliers industry attractiveness is moderately high. Unlike the supplier is threat of  forward integration, Industry is threat of backwardintegration is pretty high since large hotel chains like ITC or IHCL  would have no qualms expanding into the real estate  business or developing employee training facilities in-house. Similarlythe industry is contribution to both cost and quality isrelatively high. Overall bargaining power of suppliers is low and industry is attractiveness in terms of supplier bargaining power is high (4). BARGAINING POWER OF BUYERS The bargaining power of buyers determines how much customers can impose pressure on margins and volumes. The end-users of the high-end hotel industry are:- Leisure traveler Business traveler Customers who require space for conferences or other events Category Rating 1-10 Remarks -Number of Buyers 7(high) -Buyers are numerous and small in size.- Losing one customer cannot going to make a difference. Their bargaining power is low -Availability of substitutes: (medium) -Multiple substitutes for a given hotel or brand is available -Informal accommodation for friends and family is available alternative -Corporate guest houses for the business traveler -Switching cost: 2(low) -Switching costs arenegligible Buyers are price sensitiveexcept in the -Buyers threat of backward integration: 5(high) Customers are will notconstruct a hotel or buy a place of residence for each place they visit. -Contribution to quality 2(low) Additional facilities suchas spas, gyms etc. are usedmy hotels to improve thequality of customers stay -contribution to cost 5(high) Brand image is veryimportant in this industry and leads to extra cost, Additional amenities,training of staff, locationrent (like close to airport)etc. -Buyers profitability 2(low) Low buyers profitability- In the mid -segment, there are numerous buyers, of very small profitability In the premium segment, buyers are very affluent, and they have greater bargaining power comparedto the mid-segment Industrys threat of forward integration. 4(medium) -low chances or forward integration This industry has many customers who are relatively very small in size. Loss of a single customer has little impact on a hotel company and this drives down the buyers bargaining power. Similarly buyers threat of backward integration is almost impossible and so the industry is under threat of forward integration. However the industry does have several substitutes such as camping and recreational vehicles for tourists, corporate guesthouses for business travelers and other informal means of accommodation with friends and family. Switching cost for all these options is very low, except for the RV. Apart from the provision of accommodation, hotels also provide additional facilities and services such as restaurants, gyms, spas, conference halls, ball rooms, lounges etc. Therefore their contribution to quality as well as cost for the buyer is very high. Barriers of entry Category Rating 1-10 Remarks Economies of scale 5(high) High economies of scale- Very important to operatea chain of hotels in multiplelocations, especially for the premium segment. This reduces thedependence on tourismtrends at any given location Product differentiation 4(medium) Highly differentiated- Brand names and valuesare very important in attracting and retaining customers -brand identity 4(medium) Brand is very important. -switching cost 2(low) -low switching cost -capital requirement 4(medium) -capital intensive. -staff, dà ©cor, infrastructure e.t.c is very expensive. -Access to technology 3(moderate) -ICT is very important for property management. -Access to raw material 4(medium) -Labor, land and other essentials are easy to obtain. -government protection 3(moderate) -The tourism industry receives government. -exit barriers 2(low) -High exit barriers. Specialized assets for the industry. Brand names are very important in the hotel industry. Companies use their strong brand names to attract new customers and retain old ones. Besides, economies of scale are also a huge factor in this industry. Profitability of hotel chains is drastically higher than individual operations. A new entrant cannot compete with established players in terms of quality, price and even services. If they cannot establish significant economies of scale.Being a capital intensive industry with a large amount of it tied down in fixed costs, makes entry more difficult. Similarly high exit barriers due to specializedassets make the industry less attractive.The hospitality industry is strongly influenced by travel and tourism trends. Government protection for the tourism industry is very high and this in turn rubs off on the hotel industry making it thereby making the industry attractive in general. Competitive power of rivalry players This aspect describes the intensity of competition between existing players (companies) in an industry. High competitive pressure results or leads to pressure on price margins and on profitability for every single company in the industry. The following table shows the analysis of the rivalry between hotels. factors Ratings (5) Remarks. No. of competitions 4 (high) Small number of large operators Industry growth 3 (medium) Annual growth rate of 15% Fixed cost 1 (low) Highly capital intensive differentiations 4 (high) Strong brand name commands a very high price premium. Switching cost 2 (moderate) Low cost switching to similar brands Openness to terms of sale 4 (high) Price, taxes etc. are known Excess capacity 2 (moderate) Only 70% rooms occupied Strategic stakes 2 (moderate) Although large hotel companies have diversified they still have a majority stake in the hotel industry. Summary Porter Five Forces Factor Current Future Rating(5) Key Rationale Rating Key Rationale Threat of New Entrants 4   reasonable     5 sensible   Competitive Rivalry 4   reasonable   5 sensible   Threat of Substitute Products 3 average   4 reasonable   Supplier Relative Buying Power 5   sensible   4 reasonable   Buyer Relative Buying Power 4        reasonable 4   reasonable Conclusion Porter five forces analysis was used effectively to determine the hotel industries in Malaysia based on treat of new entrants, competitive rivalry, and treat of substitute products, suppliers-relative buying power, and buyer-relative buying power. Hotel is a very flourishing industry in Malaysia with not so many substitutes so the treat of substitute products is very low. Rivalry between hotels is not very high because rivalry is based on classification (5-star hotels compete against other 5-star hotels). Finally in the future relative buying powers will decrease because there will be many new entrants.

Thursday, September 19, 2019

Comparison of 3 Stocks :: essays papers

Comparison of 3 Stocks All my stock market choices are technology based. nVIDIA is a producer of video card software, AMD a provider of motherboard processors and Electronic Arts a videogame publisher. nVIDIA is an example of a decreasing-cost industry. While a rather early new comer to the video card industry, nVIDIA was showing potential from the start. Major competition to nVIDIA’s foothold in the industry included 3dfx’s voodoo technology and ATI’s Rage. Although 3dfx’s foothold seemed unmovable, the next wave of technology to rise brought about their eventual downfall in the market. 3dfx’s lack of support for their next generation video cards (the voodoo4 & voodoo5) resulted in their being bought out by the nVIDIA Corporation. While nVIDIA released patches to over double the performance of the GeForce2’s technology, 3dfx’s patches for the Voodoo4 and Voodoo5 were riddled with flaws, resulting in performance issues for all of their customers. After the buyout, nVIDIA were now free to utilize the voodoo technology and excel in the market. Now ready to explode even bigger than before, will be the arrival of the GeForce3; boasting results over ten fold that of previous video cards, the GeForce3 will have unparallel performance in the market. This is observed by the slow increase in the percent gain, which will rise dramatically with the release of their new board. AMD, Advanced Micro Devices Inc., was a company entering a seemingly unbreakable market. Processor technology with a high initial cost categorizes it as a decreasing-cost industry. AMD, now the most popular provider of processor technology, came in against the multi-billion dollar corporation of Microsoft. Microsoft’s Pentium processor currently held a foothold in the market; however, AMD’s cheaper K-6 series (although not as powerful processor) provided an economical alternative to Microsoft’s more powerful Pentium II processor. With sales being lost to the more economical K6 series, Microsoft released the Celeron processor, which was widely accepted as a poor alternative to AMD’s K6. However, customer familiarity with the Microsoft brand name, allowed for Microsoft to recoup some of its losses in the field, but with AMD’s following rising, the K7 (Athlon) processor, took a firm hold in the field against the Pentium III. Furthermore, the Athlon Thunderbird (the successor to the K7) has now taken a majority control of the market, by outperforming the Pentium IV in most performance tests.

Wednesday, September 18, 2019

Shakespeares Othello - The Downfall of Othello and Cassio Essay

The Downfall of Othello and Cassio In Shakespeare's Othello, the characters of Othello and Cassio greatly contribute to their own downfalls. Iago sets up a treacherous trap and they fall into it. Both are innocent characters, guilty only of being too trusting of Iago. Othello and Cassio elicit sympathy from the readers. However, our sympathy for them wanes at times, because they are so gullible. Yet, it is always restored. Iago longs to hurt Othello. He is Othello's footsoldier, an ancient, his right-hand man, and long-time friend. Iago was enraged when Othello did not promote him to lieutenant, choosing instead the handsome, young, affluent, Cassio. Iago felt that he was more entitled to the position than Cassio. Cassio was a brillant strategist, but had very little experience on the battlefield. Iago, on the other hand, had an abundance of battle experience and felt that he was passed over only for appearances' sake. This idea may very well be true. Othello needed someone who would make him look better in the eyes of important state officials and people of high standing in the community. The Moor was a black man, a fact that is often referred to in the play and which also causes Othello much insecurity. He saw his race as a drawback and something that could prevent him from gaining further success. So Michael Cassio was the perfect "face" to bring along to state functions; the perfect white face. He was a very presentable, educated, good-looking man from a middle-class background. To get back at the Moor, Iago decides to poison his mind against his wife and against Michael Cassio, by conjuring up images of an illicit sexual affair between the two. In Sha... ... by no means the tragic hero, he is definitely not Othello's villain. Iago chooses Cassio as his prey because he is the one that benefitted from Othello's overlooking of Iago. Who better to bring down? Cassio gained the position that Iago wanted, felt entitled to. Cassio was also everything that Iago was not. Cassio came from a financially comfortable background, Iago did not. Cassipo received a good education, Iago did not. Cassio's promotion to the lieutenancy was the straw that broke the camel's back. The flaws of Othello and Cassio, naivete and gullibility, led to their downfalls. Both characters were innocent of villiany, but guilty of choosing to put their trust in the wrong person. Had they attempted to communicate with the people they should have, Othello with Desdemona, and Cassio with Othello, Othello would not have been a Shakespearean tragedy.

Tuesday, September 17, 2019

Epic Characteristics of Paradise Lost Essay -- essays papers

Epic Characteristics of Paradise Lost Paradise Lost is one of the finest examples of epic tradition in all of literature. In composing this work, John Milton was, for the most part, following in the manner of epic poets of past centuries. By knowing the background of epic characteristics and conventions, it is easy to trace their presence in Book I of Paradise Lost. One of the biggest questions that a reader must face is that of the hero; exactly who is the epic hero in the poem? While Satan may not be the "hero" of Paradise Lost, Milton quickly establishes him as its main character, and as the most complex and detailed of Milton's descriptions. Satan is given many traditional attributes as an epic hero. Although he may not be the classical hero, he does defeat the creatures that God had created. This is why I feel that Milton meant Satan to be the hero of Paradise Lost. Another three characteristics of the epic are hardly items of debate, as was the hero. The setting of the poem is indeed vast in scope. It ranged from Heaven to Hell and to the Earth. The action of the story also consisted of deeds of great valor that required superhuman courage. Although biblically, we may not consider Satan to have courage, we know that he must have shown it while fighting the war in heaven against God. According to the dictionary, courage is "that quality of mind which shows itself in facing danger without fear or shrinking." Satan most certainly may be said to fit this description. There were also supernatural forces at work throughout the poem, such as gods, angels, and demons. In addition to these four epic characteristics, Milton also employees the so-called epic conventions in his poem. Milton definitely begins b... ...the hive†¦" (lines768+). These similes are Milton's way of helping us to better relate the story to common things in our lives. In spite of some alterations and modifications, we can clearly see how Milton used the classical epic characteristics and conventions in his writing. It was by employing these methods in to an already well known story that Milton created a masterpiece. Francis C. Blessington seems to sum it up the best. "Milton built his epic out of those of Homer and Virgil, like a cathedral erected out of the ruins of pagan temples whose remains can still me seen" (xiii). Bibliography: Works Cited Blessington, Francis C. Paradise Lost and the Classical Epic. Boston: Routledge, 1979. Milton, John. "Paradise Lost." The Norton Anthology of English Literature. Ed. M. H. Adams. New York: W. W. Norton & Company, 1993. 1475-1495.

Comparing Physiology Worksheet Essay

In this assignment you describe and compare the circulatory, skeletal, and respiratory systems of sharks, iguanas, eagles, and humans. Answer each of the following questions in 25 to 50 words. Circulatory System Shark How would you describe the structure and function of this animal’s circulatory system? Include any unique characteristics. How does this animal’s circulatory system work? Iguana How would you describe the structure and function of this animal’s circulatory system? Include any unique characteristics. How does this animal’s circulatory system work? Eagle How would you describe the structure and function of this animal’s circulatory system? Include any unique characteristics. How does this animal’s circulatory system work? Human How would you describe the structure and function of this animal’s  circulatory system? Include any unique characteristics. How does this animal’s circulatory system work? What is similar in all of these circulatory systems? What is different in all of these circulatory systems? Respiratory System Shark How would you describe the structure and function of this animal’s respiratory system? Include any unique characteristics. How does this animal’s respiratory system work? Iguana How would you describe the structure and function of this animal’s respiratory system? Include any unique characteristics. How does this animal’s respiratory system work? Eagle How would you describe the structure and function of this animal’s respiratory system? Include any unique characteristics. How does this animal’s respiratory system work? Human How would you describe the structure and function of this animal’s respiratory system? Include any unique characteristics. How does this animal’s respiratory system work? What is similar in all of these respiratory systems? What is different in all of these respiratory systems? Skeletal System Shark How would you describe the structure and function of this animal’s skeletal system? Include any unique characteristics. How does this animal’s skeletal system work? Iguana How would you describe the structure and function of this animal’s skeletal system? Include any unique characteristics. How does this animal’s skeletal system work? Eagle How would you describe the structure and function of this animal’s skeletal system? Include any unique characteristics. How does this animal’s skeletal system work? Human How would you describe the structure and function of this animal’s skeletal system? Include any unique characteristics. How does this animal’s skeletal system work? What is similar in all of these skeletal systems? What is different in all of these skeletal systems?

Monday, September 16, 2019

Hippies and the Revolution of a Culture Essay

â€Å"Tune In, Turn On, and Drop Out† was the motto of the hippie movement, a significant countercultural phenomenon in the 1960s and early 1970s that grew partially out of young America’s growing disillusionment with U.S. involvement in the Vietnam War. Hippies were mainly white teenagers and young adults who shared a hatred and distrust towards traditional middle-class values and authority. They rejected political and social orthodoxies but embraced aspects of Eastern religions, particularly Buddhism. Many hippies also saw hallucinogenic drugs, such as marijuana and LSD (lysergic acid diethylamide), as the key to escaping the ties of society and expanding their individual consciousness. The immediate precursor to the hippies was the so-called Beat Generation of the late 1950s, including the poet Allen Ginsberg, who became a hippie hero. But where the coolly intellectual, black-clad beats tended to keep a low profile and stay out of politics, the hippies were known as much for their political outspokenness as for their long hair and colorful psychedelic clothing. Their opposition to the Vietnam War became one of the most significant aspects of the growing antiwar movement throughout the latter half of the 1960s. To express their protests, and to â€Å"turn on† others, the hippies used art, street theater and particularly music. Folk music and psychedelic rock-the Beatles album Sergeant Pepper’s Lonely Hearts Club Band was a prime example-were both crucial aspects of hippie culture. This culture reached its peak in the summer of 1967, when a concert in San Francisco’s Golden Gate Park kicked off the start of the so-called â€Å"Summer of Love.† The event introduced the music and aesthetic of the hippies to a wider audience and inspired thousands of young people around the country to head to San Francisco, some wearing flowers in their hair, a reference to Scott McKenzie’s version of the John Phillips song â€Å"San Francisco,† a ubiquitous hit and a kind of hippie theme song. In 1969, more than 500,000 people attended the Woodstock Music and Art Festival in Bethel, New York, an event that for many epitomized the best aspects of the hippie movement. There was a dark side to hippie culture, however, and it went beyond the panicked disapproval expressed by conservatives about the â€Å"immorality† of the hippie way of life. A Time magazine article in 1967 quoted San Francisco’s public health director as saying that the city was paying $35,000 per month for treatment for drug abuse for the city’s 10,000 hippies. To Joan Didion, who wrote about her time in San Francisco for her acclaimed 1968 essay â€Å"Slouching Towards Bethlehem,† the hippies were â€Å"missing children† who were the most conclusive proof that â€Å"the center was not holding† in American society. To the hippies, their behavior was the one truly authentic reaction to the oppressive forces of consumerism, imperialism and militarism embodied by America in the 1960s. By the mid-1970s, the hippie movement was on the wane, though many aspects of its culture-particularly music and fashion-had worked their way into mainstream society. The fraught atmosphere of the 1960s that had created the hippie counterculture no longer existed, particularly after the Vietnam War ended, and with the advent of punk and disco music the earnest hippies were often seen as ridiculous. Still, their ideals of peace, love and community became the enduring legacy of the hippie movement, and even today there are a few â€Å"neo-hippies† to be found on college campuses and communes across the country and around the world. The Tet Offensive The Tet Offensive was a large-scale series of battles launched by the Vietnamese Communists (or Viet Cong) against American and South Vietnamese troops during the Vietnam War that resulted in both a military failure and a psychological victory for the Communists. The multi-part campaign was known as Tet because it was scheduled to start on January 31, 1968, the Vietnamese New Year holiday known as Tet. As a diversionary tactic, North Vietnamese units attacked the Marine base at Khe Sahn shortly before Tet and approximately 50,000 U.S. and South Vietnamese forces were involved in defending the base and other sites nearby. Subsequently, the Americans and South Vietnamese were surprised by the Tet Offensive, in which over 100 cities and towns and several dozen airfields and bases throughout South Vietnam were attacked. However, the U.S. and its ally quickly fought back and the Viet Cong, who suffered massive casualties, were unable to hold most of the captured territory for long. In the United States, people were stunned by the intensity and widespread nature of the attacks. Graphic images of the fighting were shown on American television and for the first time, criticism of the war mounted on a national scale. General William Westmoreland, commander of U.S. military operations in Vietnam, requested over 200,000 more troops, believing it would be possible for the U.S. to finally wipe out the enemy in their weakened condition. However, President Lyndon B. Johnsons new defense secretary, Clark Clifford, convinced the president to reject Westmorelands request and in March 1968, Johnson stated that the United States was committed to a de-escalation of the conflict. Johnson also announced he would not seek a second term as president. The Viet Cong and North Vietnamese launched additional Tet campaigns in May and August of that same year. American combat units finally withdrew from Vietnam in 1973 and South Vietnam fell to North Vietnam in 1975. Vietnam War Protests Opposition to American involvement in the Vietnam War began slowly but grew steadily throughout the second half of the 1960s, eventually becoming the largest and most powerful anti-war movement in American history. By the time U.S. planes began regular bombings of North Vietnam in February 1965, liberal public opinion had begun to question the government’s assertion that it was fighting a democratic war to liberate the South Vietnamese people from Communist aggression. The anti-war movement then began in earnest, mostly on college campuses, as members of the leftist organization Students for a Democratic Society (SDS) began organizing â€Å"teach-ins† to express their opposition to the way in which it was being conducted. Though the vast majority of the American population still supported the administration policy in Vietnam, a small but outspoken liberal minority was making its voice heard by the end of 1965. This minority included many students as well as prominent artists and intellectuals and members of the hippie movement, a growing number of young people who rejected authority and embraced the drug culture. By the end of 1967, the Vietnam War was costing the U.S. some $25 billion per year, and disillusionment was beginning to reach greater sections of the taxpaying public. More casualties were reported in Vietnam every day, even as U.S. commanders demanded more troops. Under the draft system, as many as 40,000 young men were called into service each month, adding fuel to the fire of the anti-war movement. Heavyweight boxer Muhammad Ali was one of the more prominent Americans who resisted the draft system, declaring himself a conscientious objector and earning a prison sentence (later overturned) and a three-year ban from boxing. On October 21, 1967, one of the most prominent anti-war demonstrations took place, as some 100,000 protesters gathered at the Lincoln Memorial; 30,000 of them continued in a march on the Pentagon later that night. After a brutal confrontation with the soldiers and U.S. Marshals protecting the building, hundreds of demonstrators were arrested. One of them was the author Norman Mailer, who chronicled the events in his The Armies famous book of the Night, published the following year to widespread acclaim. By early February 1968, a Gallup poll showed only 35 percent of the population approved of Johnson’s handling of the war and 50 percent disapproved (the rest had no opinion). Joining the anti-war demonstrations by this time were members of the organization Vietnam Veterans Against the War, many of whom were in wheelchairs and on crutches. The sight of these men on television throwing away the medals they had won during the war did much to win people over to the anti-war cause. After many New Hampshire primary voters rallied behind the anti-war Democrat Eugene McCarthy, Johnson announced that he would not seek reelection. Vice President Hubert Humphrey accepted the Democratic nomination in August in Chicago, and 10,000 anti-war demonstrators showed up outside the convention building, clashing with security forces assembled by Mayor Richard Daley. Humphrey lost the 1968 presidential election to Richard M. Nixon, who had promised in his campaign to deal with the extreme elements of the population-namely the radicals and the hippies-more effectively than Johnson had. Nixon’s war policies divided the nation still further: In December 1969, the government instituted the first U.S. draft lottery since World War II, inciting a vast amount of controversy and causing many young men to flee to Canada to avoid conscription. Tensions ran higher than ever, spurred on by mass demonstrations and incidents of official violence such those at Kent State in May 1970, when National Guard troops shot into a group of protesters demonstrating against the U.S. invasion of Cambodia, killing four students. By the time the war finally ended, after North Vietnamese troops captured Saigon in 1975, the plaintive anti-war slogan â€Å"What are we fighting for?† seemed a prophecy come true, as veterans returned home from Vietnam to find their own nation still bitterly divided. My Lai Massacre On March 16, 1968, a group of U.S. soldiers attacked the South Vietnamese village of My Lai, believed to be a Communist stronghold, and killed between 175 and 400 civilians as well as committing rape and other crimes. U.S. helicopter pilot Hugh Thompson and two crewmen, who were flying a reconnaissance mission over My Lai, saw the dead bodies and stopped to investigate. In the process, they managed to rescue a group of Vietnamese civilians from American troops. Although Thompson reported the incident to his superiors, the American public didnt learn about it until over a year later, after a former soldier named Ronald L. Ridenhour wrote letters about what happened at My Lai to President Richard Nixon and other government officials. Ridenhour had found out about the events a month after they occurred from soldiers who were there. The Army eventually launched an investigation that led to the conviction of platoon leader Lt. William L. Calley, Jr., for the murder of 22 unarmed men, women and children. In 1971, Calley was sentenced to life in prison, which was later reduced to 10 years. Ultimately, he served three years under house arrest. The My Lai massacre left many Americans further disillusioned about the Vietnam War. People were horrified that U.S. soldiers had committed atrocities against innocent civilians and were angered at the potential military cover-up, as well as the fact that Lt. Calley was the only person convicted for the murders. Music and Hippies The American music scene during the first part of the 1960s was dominated by male vocalists such as Elvis Presley, Motown artists like Diana Ross & The Supremes and folk performers such as Bob Dylan with their acoustic-based protest songs. By the mid-1960s, though, psychedelic rock had taken root as an intrinsic part of the growing hippie movement. The Flower Power generation was interested in freedom and self-expression and the kind of mind-altering experiences that could be achieved through the use of psychedelic drugs such as marijuana and LSD. Psychedelic rock, which often used electronic sound effects and was sometimes influenced by music from India, attempted to recreate and enhance the feelings resulting from hallucinogenic drug use. Groups including Jefferson Airplane, The Grateful Dead and Janis Joplin and Big Brother & the Holding Company were pioneers of psychedelic rock. They all lived in San Francisco’s Haight-Ashbury neighborhood, which became the epicenter of the hippie scene. The Beatles were at the height of their popularity throughout the 1960s. After bursting onto the scene in their native England in 1962, the band made its first appearance on American television in 1964, on The Ed Sullivan Show, and generated a massive audience. By the second half of the decade, the band’s pop rock sound had become more experimental and psychedelic. In June 1967, the Beatles released their eighth album, Sgt. Pepper’s Lonely Heart Club Band, considered one of the most important records in rock history. Many of the album’s hit songs, such as â€Å"With a Little Help From My Friends† and â€Å"Lucy in the Sky with Diamonds† were allegedly filled with drug references. One non-musician who was an important part of the ’60s music scene was concert promoter Bill Graham, whose San Francisco auditorium, The Fillmore, became a major venue for psychedelic rock groups such as Jefferson Airplane, Quicksilver Messenger Service, The Grateful Dead and Big Brother & the Holding Company, among others. In 1968, Graham opened the Fillmore East, which became a showcase for counterculture musicians in New York City. In June 1967, the Monterey International Pop Music Festival, the first widely promoted rock fest, took place in California. Over 200,000 people attended the event, considered a highlight of San Francisco’s â€Å"Summer of Love.† Jimi Hendrix and The Who made their first big U.S. performances at the festival, which also showcased performers such as Janis Joplin, Otis Redding and Ravi Shankar. John Phillips of the Mamas & the Papas, who helped organize the festival, wrote a song, intended as a fest advertisement, called â€Å"San Francisco (Be Sure to Wear Flowers in Your Hair).† Sung by Scott McKenzie, â€Å"San Francisco† became a Flower Power anthem.Monterey was a precursor to the Woodstock Festival, which took place in August 1969 on a 600-acre farm in Bethel, New York. An estimated half a million young people turned up for the event, which featured the key musicians of the time, including Hendrix, Joplin, Jefferson Airplane, The Who, Joan Baez, Sly and the Family Stone and Crosby, and Stills Nash & Young, among others. Woodstock later came to be viewed as one of the ultimate events of the hippie era. 1968 Olympic Games in Mexico City Controversy surrounded the 1968 Summer Olympics in Mexico City before the Games even began. Athletes were concerned about Mexico City’s high altitude and thin air. Human rights activists were outraged when the Mexican military opened fire on thousands of college students during a campus protest in Mexico City shortly before the opening of the XIX Olympiad. After the Games began, one of the most notable events was the Black Power salute by two African-American athletes during their medal ceremony. On October 16, 1968, Tommie Smith, the gold medal winner in the men’s 200-meter race, and his team member John Carlos, the bronze medalist in the same event, stepped up to the podium shoeless and wearing black socks, civil rights buttons and one black glove each. The lack of shoes and black socks were meant to symbolize poverty among African Americans. When â€Å"The Star Spangled Banner† was played, Smith and Carlos bowed their heads and each raised a fist in the air, in a gesture of protest against racism in America. Australian Peter Norman, the 200-meter silver medalist, wore a human rights badge on the podium as a sign of solidarity. International Olympic Committee President Avery Brundage, who believed the political gesture was inappropriate for the Olympic Games, an event meant to be free of politics, suspended Smith and Carlos from the U.S. Track and Field team and barred them from the Olympic Village. Back home in America, Smith and Carlos faced criticism and even death threats for their actions. However, others praised the men, both of whom went on to graduate from San Jose State, play professional football and later become track coaches. Robert F. Kennedy Robert Francis Kennedy, the crusading U.S. attorney general, senator from New York and presidential candidate, was instrumental in helping protect and shape civil rights law in America during the 1960s. Kennedy, born November 20, 1925, in Brookline, Massachusetts, attended Harvard University and University of Virginia Law School and served in the U.S. Navy during World War II. He served as U.S. attorney general during the presidential administration (1961-63) of his elder brother John F. Kennedy. As attorney general, Bobby Kennedy championed social justice causes and later helped draft the Civil Rights Act of 1964. Kennedy announced his presidential candidacy in March 1968 and spoke out against urban poverty and the Vietnam War during his short-lived campaign. In the early hours of June 5, 1968, after giving a speech to his supporters at the Ambassador Hotel in Los Angeles, Kennedy, a father of 11, was shot by Palestinian immigrant Sirhan Bishara Sirhan. Kennedy died the next day and was buried near John F. Kennedy at Arlington National Cemetery. Democratic National Convention Politics turned violent when local police clashed with anti-war demonstrators and journalists at the 1968 Democratic National Convention, which took place in Chicago from August 26 to August 29. The convention, held to select a Democratic nominee for the U.S. presidency, occurred during an already tumultuous year that had seen the assassinations of Martin Luther King, Jr. and Robert F. Kennedy, as well as growing disillusionment with the Vietnam War by many Americans. During the convention, Democrats were divided over Minnesota Senator Eugene McCarthy, an anti-war candidate, and Vice President Hubert Humphrey, who was associated with President Lyndon Johnson’s Vietnam War policies. In a symbolic gesture, political activist Abbie Hoffman and his fellow Yippies nominated a pig called Mr. Pigasus for commander-in-chief. Humphrey won the nomination, but would go on to lose in the general election to Republican Richard Nixon. Following the convention, Democrats instituted reforms in the nomination process which overhauled the methods for delegation selection and put greater emphasis on primaries. hicago Mayor Richard Daley, a powerful, hardheaded figure known to dislike hippies, vowed to use whatever means necessary to control the crowds of demonstrators who had threatened to shut down the convention. Daley ordered a large police presence, instituted an 11 p.m. curfew and refused to grant permits for rallies and marches. The police took an aggressive stance, attacking and clubbing protestors and journalists on a nightly basis outside the convention hall and in nearby Lincoln and Grant parks. The violence was broadcast on national television, stunning Americans and leaving a black mark on the city of Chicago. Remarkably, no one was killed. A group of protestors that included Abbie Hoffman, Tom Hayden and Black Panther Bobby Seale and became known as the â€Å"Chicago Eight,† were arrested and charged with conspiracy to incite a riot. The men, later referred to as the â€Å"Chicago Seven† when Seale was tried separately, were ultimately acquitted or had their convictions overturned.

Sunday, September 15, 2019

Journey to Sakhalin

The Saline project was the first Russian production-sharing agreement (AS) with foreign corporations. A AS is a commercial contract between investor(s) who are willing to make a large, long term and high risk investments with the host country that has the natural recourses (usually oil and/or gas) to exploit. The terms behind AAAS are usually deferent than regular commercial contracts, as they usually bypass some of the regulations that the host country imposes on foreign Investments.The agreements also last for the Lifetime of the project. Under the terms of the AS, the investing company gets the larger share of venues at the beginning of the contract to recoup the cost of investment. As time goes by, the net revenues (revenues after the cost of operations) are shared between the investment companies and the host country, usually a 20/80 split. AAAS are controversial In Russia because they bypass some of the taxes and licenses that a foreign company would have to pay.Previous foreig n companies had worked In Russia under the regular tax system, therefore It was argued that AAAS don't treat all businesses equally and create a sense of unfairness. Furthermore, AAAS apply only to Greenfield.. Greenfield are unexploited, undeveloped large pieces of lands with exploitable resources, and some circles felt that Russia should not cheaply bargain away these coveted lands. AAAS are agreements between the foreign direct investors (FED) and the federal Russian government; thereby limiting the power of the mid-level establishment, traditionally and politically a powerful group In Russian Pollock.At the time of the agreement, the local Saline Government, led by Governor Igor Verification, was a key player in the decision, mainly because Verification was politically influential and in favor of the project. After the fall of the communist regime, Russian GAP fell by 50% and up to half of the population was living below the poverty line. Oil and gas constituted the main export earnings of Russia, whose borders encompassed the largest supply of gas In the world (30%). Attempts by Russia to privative state-owned energy firms had mixed results.The OLL Industry produced a number of vertically integrated firms such as Skidpan and Subnet, which formed the basics of a competitive environment. Conversely, prevarication of the gas industry produced a single, dominant company: Gazpacho. At times, it appeared that he Russian Government acted on behalf of Gazpacho due to the significantly higher impact this Industry had on the Russian economy, and because It was a 38% stakeholder In the company. As Gazpacho controlled 20% of the worlds gas production, tenure were gallants political Interests escalated Witt ten development of this industry in Russia.Thus far, Russian's exports were mainly to Europe, as Russia had been unable to build pipelines to East Asia and Japan. The energy sector constituted 20% of GAP, and Gazpacho alone was responsible for 8%. The growing econo mies of the Far East, combined with Russian's need to exploit its oil and gas serves (both for economic reasons, as well as for political influence) helped push Russia to seek Foreign Direct Investment (FED). Russia also required foreign expertise, as transportation of gas to Asia would require a Liquefied Natural Gas (LONG) facility; something they did not have the technical ability to create.Foreign partnerships then offered the fastest and most efficient way of developing previously inaccessible resource field as well as exporting to new markets. Previous administrative scandals (BP Amoco) showed Russia to be politically and financially risky, causing a decrease in FED. A AS agreement would prove a good faith gesture from Russia that it was ready to enter the world economy, and to overcome the bureaucratic history and corruption that has scared away foreign companies.Shell would not have invested $108 in the Saline II project [exhibit 1] without a AS. Russia needed this first AS to attract future FED, and as such would likely be most generous with the terms of its first AS. Successful execution of a AS by Shell, could create future opportunities to exploit additional Greenfield development in Russia. Despite these advantages, there were several downsides. Protectionism by members of the Russian Dumb meant that this AS was rapidly becoming politicized and might face ongoing challenges..One term of the AS was that Saline Energy Investment Company (SIC) needed to use 70% Russian labor and goods for the part of the project measured as measured man- hours and volume of material; however the oil industry in Russia was mainly functioning on ground and had very little experience with offshore activities as exampled by Russian's inability to build and maintain a Liquefied Natural Gas (LONG) plant. The terms of this part of the agreement were particularly vague, as it was roll defined what would be considered Russian â€Å"content† in the project.Additionally, enforcement of the AS would be difficult due to the geographical remoteness of the project. * Investments in Saline did not Just include the production facilities, but also contributions to the local administration. SIC was responsible for the upgrade (or construction) of the island infrastructure as well as other wish-lists of improvements. The SIC also had to provide local community sponsorships of facilities, scholarships and grants as well as maintaining good relationships with environmental activists. Saline Island is a pristine environment.In order to be successful, social and public relations have to be a priority, which could prove to be challenging since the business of exploiting oil and gas is usually brutal to the environment as well as the economic and social landscape of local communities. Care in negotiations had to be achieved in order to sponsor projects that would keep the local residents happy and friendly, and yet keep a tight control on spending for these proje cts and not inflame environmentalists. * Navigation of local politics was also a challenge.In the first stages of a project like this, good relations with local government employees are sometimes more important than relations with politicians higher up in ten unlearning as most approvals are cone locally. As ten project progressed, Ethereal authorities became more important as Putting attempted to reinstitution central authority. Another obstacle was the legal system. Difficulties and delays in obtaining approvals for the Technical and Economic Substantiation for Construction (TCO) as well as a lack of stabilization in the Russian legal system endangered the project as it would not proceed as scheduled without them.Without changes to the legal system, arms of the Saga's agreements that conflicted with current Russian laws could not be enforced and increased the risks associated with the investment. Despite these obstacles Shell should invest in Saline. There are very few Greenfield available with the production capacity of Saline. Exploitation of non-developed lands allows for the building of new technology instead of maintaining old equipment. This is more efficient and therefore more profitable. The initial costs are lower as there is no need to dismantle old facilities to build new ones.It allows Shell to gain a foothold in Russia which has a large reserves of oil and gas. When at full capacity, Saline could produce up to 5% of the world LONG needs making this a critical strategic investment for Russia. Russia needs to rebuild its economy and is now ready to offer better deals then it would in the future. It does not have the technology to build offshore platforms and LONG producing capabilities. It needs these facilities to access new markets and the location of Saline in the Arctic has great potential in these regards.The Saline II AS agreement has terms that will be difficult to match in the future and has the advantage of reducing the influence of the R ussian oligarchy in the business dealings. Russia would not Jeopardize its standing as a 68 country and is motivated to have successful foreign investments. Of course one company to watch is Gazpacho. It is a major player in Russian politics and may feel threatened to have the East Asian market closed to them. Shell should be open to the idea of having Gazpacho be part of the Consortium.To mitigate the risk, Shell should try to attract more investors to distribute the risk, at least at the beginning while costs are high, then buy the shares back once production brings in stable revenues. They should follow the given requirements very carefully and ensure that they keep maintain heir end of the bargain by hiring the requisite local contractors and labor force. Shell should behave as a good neighbor as much as possible by making sure that the environment is being taken care of.Natural resource industries require large capital investments and are politically difficult to navigate. They have such a significant geopolitical impact that the Coos of these companies do not make agreements with the heads of other companies, but rather with heads of state. Their decisions do not just affect the shareholders of the company, but also the access of energy by their win country as well. If the political climate changes with a new government hostile to the home country of the company, no commercial contract can be legally enforced.A company could lose all of its investments in the host country should they be removed from the operations while the plants and equipment remain. Depending on the level of hostility and the impact the resources of a country have on the global energy supply, escalation may involve military force to secure indispensable resources. Usually the countries with the companies that have the most technical expertise do to own the lands that contain the resources and the countries with the resources do not have the technical expertise to exploit them.It creat es a mutual (although wary) Interdependence. An 011 company cannot easily select to another site Ana move Its platforms, refineries and pipelines, while the host country cannot operate the equipment without the technical knowledge of the companies (which is the company's only leverage). Both sides need to do a a diplomatic dance, constantly negotiating give and takes on the exploitation of these resources. Exhibit 1: Saline 2 project

Saturday, September 14, 2019

American Government Agencies Post 9/11

According to Timothy Manning, Deputy Administrator for Protection and National Preparedness at the Department of Homeland Security's (DHS) Federal Emergency Management Agency (FEMA). Since the September 2001 terrorist attacks, significant and measurable strides have taken place to improve preparedness for the hazards faced by all levels of government and all segments of society (DHS, 2012). FEMA is now part of the DHS's Emergency Preparedness and Response Directorate. FEMA is tasked with advising on building codes and flood plain management; teaching people how to get through a disaster; helping equip local and state emergency preparedness teams; coordinating the federal response to a disaster; making disaster assistance available to states, communities, businesses, and individuals; training emergency managers; supporting the nation's fire service; and administering the national flood and crime insurance programs.Listed below are some of the improvements that have taken place post 9/11 (DHS, 2012). In the four years between 2006 and 2010, the proportion of states and urban areas that were confident in the effectiveness of their emergency operations plans increased from 40 percent to more than 75 percent; commercial radio broadcasters, in partnership with FEMA, today can deliver public warning messages to more than 84 percent of the U.S. population, up from 67 percent in 2009. By the end of 2013, coverage is expected to expand to more than 90 percent of the population; Since 2001, federal, state and local governments have built a network of specialized teams capable of interdicting and disrupting a variety of imminent threats. That network includes 1,100 Hazardous Materials Response Teams, 5,400 SWAT teams, and 469 FBI-trained and accredited bomb squads; Prior to the Sept. 11 terrorist attacks, major population centers in many parts of the country lacked structural collapse and urban search and rescue capabilities. Today, 97 percent of the nation is within a 4-hour drive of an urban search and rescue team; and Government agencies at all levels have improved their strategic and tactical communications planning and coordination. In 2006, only 42 percent of the nation's urban areas had a strategic plan in place to guide interoperable communications. Today, 100 percent of the nation's highest-risk urban areas are capable of establishing response-level interoperable communications within one hour of an event involving multiple jurisdictions and agencies. According to Factsheet: U.S. Customs and Border Protection Actions Taken Since 9/11,U.S. Customs and Border Protection are addressing the terrorist threat 24-hours a day. There is a multi-layered approach that encompasses working with our foreign counterparts, employing intelligence, technology, advanced information in the field and the most professional workforce worldwide. CBP uses various strategies and employs the latest in technology to accomplish its goals. We have extended our zone of security beyond our physical borders through the use of bilateral and private-sector partnerships, targeting and scrutinizing advance information on people and products coming into this country. CBP has achieved much since its creation in March 2003. Some of the most significant accomplishments are as follows: Improved anti-terrorism training for all CBP personnel. CBP has implemented anti-terrorism training for all personnel with a special focus on training related to weapons of mass effect. This includes identifying and intercepting potential instruments of terrorism using non-intrusive inspection technology and radiation detection equipment. The Student and Exchange Visitor System (SEVIS) were implemented in August 2003. It is an Internet/Intranet based system operated by U.S. Immigration and Customs Enforcement that electronically captures, maintains, and monitors information relevant to each foreign student, exchange visitor, and their dependents. SEVIS provides CBP with a mechanism to facilitate the entry of bonafide students and exchange visitors and quickly identify possible status violators. Augmented Integrated Surveillance Intelligence System (ISIS), that uses remotely monitored night-day camera and sensing systems to better detect, monitor, and respond to illegal crossings, on both the Northern and Southern borders. Deployed radiation detection technology including Personal Radiation Detectors (PRDs) to more than 10,400 CBP officers and agents, and Radiation Isotope Identification Detection System (RIIDS) to over 60 Border Patrol field locations. Increased the amount of Remote Video Surveillance Systems (RVSS) which are pole mounted cameras that provide coverage 24 hours a day/7 days a week to detect illegal crossings, on both our Northern and Southern borders. Implemented a Geographic Information System (GIS), a Southwest border initiative, which tracks illegal migration patterns to better deploy personnel and resources to establish control of our border. Overall these agencies have impressed me the most. In recent light of the Boston Marathon Bombing, the emergency response was remarkable which shows that there has been much training and procedures put into place since 9/11 and that we as a nation are prepared and capable of handling any situation that might come our way.

Friday, September 13, 2019

UCTA Case Study Example | Topics and Well Written Essays - 2000 words

UCTA - Case Study Example The delivered car was found to be seriously defective and it evidently required repairs that would cost around a 1000. The practice prevailing in Thomas Co was that it always offered its customers the opportunity to purchase a two years service contract covering parts and labour on cars purchased from them. Smith Co had always declined such offers from Thomas Co. The remedies available to the Smith Co, under the statute, are discussed hereunder. A contract is an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal rights is that they are based on the agreement of the contracting parties. It is important to bear in mind that every breach of a contract allows the plaintiff a remedy at law. The Sale of Goods Act states that consumers have been defined as people purchasing for purposes unrelated to their trade, business or profession. Section 12(1) of the Unfair Contract Terms Act 1977, defines a consumer and this has three elements, the party dealing as a consumer must neither make the contract in the course of business nor hold himself out as doing so; the other party must make the contract in the course of business and finally, if the contract involves the transfer of goods, then they must be of a type ordinarily supplied for private use or consumption. The burden of proving that a ... Several similar purchases had been made before. The contract excluded liability for breach of certain statutory implied terms and the exclusion clause was subject to section 6 of the UCTA. The Court of Appeal held that the purchase of the car was only incidental to the company's business activity, which meant that the purchase was not made in the course of business and so the plaintiff company was dealing as a consumer. Thus the defendant could not exclude liability for the breach of implied terms1. Similarly, in our case the car was purchased for both private and business use. Hence, the status of the claimant can be considered as that of a consumer according to this act and the judgment in the above case. In Stevenson v Rogers the Court of Appeal held that a sale to a person who had no business connection to the seller would be considered a consumer2. Hence, in our case Smith Co can be considered as a consumer, since they had purchased the car for the private and business purposes of its director, this is in conformity with the broader view taken by the Appellate Court in respect of the term consumer in the case Stevenson v Rogers. Section 3 of the UCTA covers a number of different types of exclusions or restrictions in respect of liability and makes them all subject to the test of reasonableness. These tests are of four types and apply to the different types of exclusions. These are, first, in relation to a contract term the clause should have been fair and reasonable to have been included, having regard to the circumstances, and which could reasonably be expected to have been known to the parties. Second, contracts in relation to goods (section 6 and 7 UCTA) and section 11(2) and schedule 2 of the UCTA have specified five matters

Thursday, September 12, 2019

Alibaba Group in the Marketplace of China Case Study

Alibaba Group in the Marketplace of China - Case Study Example The case describes the corporate strategy of Alibaba Group, one of the leading e-commerce international organizations. The company was started in the year 1999, and since then it had grown rapidly and grasped the e-commerce market through their business approaches. Despite the financial turmoil in a global business environment, Alibaba Group had placed itself strongly in the market and beset the difficulties to progress further. The aggressive growth strategy had helped the organization to achieve the competitive advantage. The company started providing basic facilities to its users and increased its customer base. Problem Statement The creation of corporate advantage at Alibaba Group has been discussed in this segment. It also deals with the fact that if the corporate advantage thus created is sustainable. Alternative Solutions and Approaches to the Problem The main strategy which provides Alibaba Group with corporate advantage is its series of growth movements. Alibaba Group had ex panded its market reach rapidly with the introduction of Taobao in the year 2003, which is an internet shopping platform. Jack Ma understood the prospects in the e-commerce sector and accordingly had taken possible steps to achieve higher market share. The keyword bidding was becoming beneficial in China, therefore, Taobao launched â€Å"Zhi Tong Che† service in the year 2008 which provides people to bid for keywords in exchange of special advertisement status. As trust is one of the vital factors for performing business in China, Taobao had introduced â€Å"Alipay† service in the year 2004. Through this service, the company successfully eliminated the settlement risk of payment which had assisted to generate faith among sellers and customers. In the year 2005, Alibaba Group had acquired â€Å"China Yahoo!† in order to strengthen its market presence. This strategy lets Alibaba Group integrate and join resources for development. The other strategy of Alibaba Grou p included investing in the international market to attract more customers. In the year 2006, the company had invested in â€Å"Koubei.com†. Besides, the company has also started the joint business with â€Å"Softbank Corporation† in Japan.