Wednesday, July 31, 2019
The story follows Jacob Jankowski who was an old man living in a nursing home, as he looks back about a time that defined his life. In the 1930Ã¢â¬â¢s, 23-year-old JacobÃ¢â¬â¢s life changed drastically. One minute he was finishing his Veterinarian degree at Cornell and planning to follow his father in the family business. The next his parents passed away in a car wreck, turning his world upside down. Jacob walked out of his final exams and hopped town, climbing on the first train he could. He quickly found out that it was no ordinary train. It belonged to the Benzini Brothers Most Spectacular Show on Earth, a travelling circus. With no financial prospects and no place to go, Jacob landed a job as the showÃ¢â¬â¢s veterinarian. Travelling with the circus had its ups and downs. He had a place to stay, food to eat and animals to look after. But his sleeping quarters were with the horses and a cranky clown, and money was never guaranteed. JacobÃ¢â¬â¢s superior, August, seemed like a nice guy. But his true colors came out when times got tough. And worst of all, Jacob fell in love with the beautiful performer Marlena, who just happened to be AugustÃ¢â¬â¢s wife. Number of Pages: 325 Setting and Time Era of Novel: Story takes place in a traveling circus and is in the 1930Ã¢â¬â¢s during the Great Depression. Character #1 Name: Jacob Jankowski Role in the Novel: Jacob is the narrator through the whole story who talks about his life in a circus. Description: In Water for Elephants there are two parts to Jacob Jankowski, one when he is older and the other when he is younger. The older Jacob Jankowski, 90 or 93 years old, relates his experiences with the Ã¢â¬ËBenzini Brothers CircusÃ¢â¬â¢, back in 1931, to Charlie, a present day Circus manager. The younger Jacob is a 23-year-old young man who must leaves his studies, as a Cornell University veterinary student, after losing both of his parents in a car accident. Out of desperation and grief over his loss he jumps onto a train that happens to house the Ã¢â¬ËBenzini Brothers Most Spectacular Show on EarthÃ¢â¬â¢, thus beginning his involvement with the circus. After his involvement in the circus Jacob starts to fall in love with Marlena who is married to the circus head animal trainer, August. Character #2 Name: Marlena Rosenbluth Role in the Novel: Marlena is married to August who is the head animal trainer for the Ã¢â¬ËBenzini Brothers CircusÃ¢â¬â¢ and is also the star performer in the circus shows. Description: Marlena is the star performer of the Benzini Brothers circus. She married August Rosenbluth, against her parentsÃ¢â¬â¢ wishes, and ran off with him to join the circus. Marlena endures her husbandÃ¢â¬â¢s unusual behavior, which is not always the most pleasing in any way but eventually finds comfort with Jacob after they form a bond with Rosie the circusÃ¢â¬â¢ new elephant. Character #3 Name: August Rosenbluth Description: August is MarlenaÃ¢â¬â¢s husband and the head animal trainer. He is alternately charming and brutal, both to the humans and animals aboard the Benzini Brothers train. Later in the book, it is explained that he is a paranoid schizophrenic. Themes and motifs: The book, Water for Elephants, has a symbolic study of human need for love and acceptance. The primary symbols are revealed through unique characters that struggle to feed deep internal desires. Rosie, the elephant, is a big and powerful symbol. More than just being a performing animal, Rosie reflects the desperation of so many Americans during the Great depression. Being in the hands of August, Rosie lives a passionless life. When she reaches for more, drinking the sweet circus lemonade that she craves rather than the water that she requires for sustenance, she is beaten into submission. AugustÃ¢â¬â¢s cruel message is clear that the circus is no place for independent passions. Symbols: Water Ã¢â¬â A symbol of purification, which is portrayed many times. Before Jacob jumps on the train the book states: When I first submerged my feet into frigid water, they hurt so badly I yanked them out again. I persisted, dunking them for longer and longer periods, until the cold finally blistered. Ã¢â¬ ?Train tracks Ã¢â¬â Are a symbol of choosing one's direction in life. For instance, the book states: Ã¢â¬Å"This is so oddÃ¢â¬ ¦ I'm running beside a moving train in the middle of nowhereÃ¢â¬ . Their Society and Culture: In Wa ter for Elephants, the society and culture is pretty much exactly how it was in the 30Ã¢â¬â¢s. Because it was the time of the Great Depression, people did everything they could to make their lives happy. Book Review: I personally loved everything about this book! Other readers may find themselves churning through this book at a quick pace, eager to see what lies ahead, and then slowing down as they realize the book is coming to and end. Or at least thatÃ¢â¬â¢s what I was doing. Water for Elephants is a book that can be read over and over again, recommended and handed off between friends; it begs to be discussed and mulled over. With lines of startling beauty, haunting and graphic scenes and finely drawn characters that dance off the page, readers can dip in and out of the novel, immersing themselves in Jacob's memories. The book is a beautifully written and extensively researched story, and is often surprising and funny. I highly recommend Water for Elephants if youÃ¢â¬â¢re looking for an enchanting story with adventures that place the reader alongside Jacob and his wild transfer into adulthood. Definitely a must read! Summary of the Novel: Water for Elephants, written by Sara Gruen, tells the story of a man named Jacob Jankowski, who leaves his life as a Cornell University veterinary student after losing both his parents in a car accident, and jumps onto a train that happens to house the Benzini Brothers Most Spectacular Show on Earth. After a short confrontation with Blackie, a bouncer that stops stowaways, and Camel, a limp old worker, promising him a job and an audience with Uncle, the ringmaster, Jacob decides to stay aboard the train. Since his parents have died in an automobile accident, and he has not a home to call his own, he decides to remain with the circus. Jacob is employed as the showÃ¢â¬â¢s veterinarian and he faces a number of challenges in dealing with the head trainer, August, while also learning how to function in the hierarchy of the circus and falling in love with August's wife, Marlena. Jacob Jankowski, a ninety year-old man who lives in a nursing home, tells the story as a series of memories. As the memories begin, Jacob Jankowski is twenty-three years old and preparing for his final exams as a Cornell University veterinary student when he receives the news that his parents were killed in a car accident. JacobÃ¢â¬â¢s father was a veterinarian and Jacob had planned to join his practice. When Jacob learns that his father was deeply in debt because he had been treating animals for free as well as mortgaging the family home to provide Jacob an Ivy League education, he has a breakdown and leaves school just short of graduation. In the dark of night, he jumps on a train only to learn it is a circus train. When the owner of the circus, Uncle Al, learns of his training as a vet, he is hired to care for the circus animals. The head trainer, August, is a brutal man who abuses the animals in his care as well as the people around him. Alternately, he can be utterly charming. Jacob develops a guarded relationship with August and his wife, Marlena, with whom Jacob falls in love. August is suspicious of their relationship and beats Marlena and Jacob. Marlena subsequently leaves August, which is the precipitating event leading to the ultimate demise of the Benzini Brothers circus. As the story climaxes, several circus workers who were red lighted off the train come back and release the animals causing a stampede during the performance. In the ensuing panic, August is killed. As a result of this incident, which occurred during a circus performance, the circus is shut down. Marlena and Jacob leave, along with several circus animals, and begin their life together. Water for Elephants The story follows Jacob Jankowski who was an old man living in a nursing home, as he looks back about a time that defined his life. In the 1930Ã¢â¬â¢s, 23-year-old JacobÃ¢â¬â¢s life changed drastically. One minute he was finishing his Veterinarian degree at Cornell and planning to follow his father in the family business. The next his parents passed away in a car wreck, turning his world upside down. Jacob walked out of his final exams and hopped town, climbing on the first train he could. He quickly found out that it was no ordinary train. It belonged to the Benzini Brothers Most Spectacular Show on Earth, a travelling circus. With no financial prospects and no place to go, Jacob landed a job as the showÃ¢â¬â¢s veterinarian. Travelling with the circus had its ups and downs. He had a place to stay, food to eat and animals to look after. But his sleeping quarters were with the horses and a cranky clown, and money was never guaranteed. JacobÃ¢â¬â¢s superior, August, seemed like a nice guy. But his true colors came out when times got tough. And worst of all, Jacob fell in love with the beautiful performer Marlena, who just happened to be AugustÃ¢â¬â¢s wife. Number of Pages: 325 Setting and Time Era of Novel: Story takes place in a traveling circus and is in the 1930Ã¢â¬â¢s during the Great Depression. Character #1 Name: Jacob Jankowski Role in the Novel: Jacob is the narrator through the whole story who talks about his life in a circus. Description: In Water for Elephants there are two parts to Jacob Jankowski, one when he is older and the other when he is younger. The older Jacob Jankowski, 90 or 93 years old, relates his experiences with the Ã¢â¬ËBenzini Brothers CircusÃ¢â¬â¢, back in 1931, to Charlie, a present day Circus manager. The younger Jacob is a 23-year-old young man who must leaves his studies, as a Cornell University veterinary student, after losing both of his parents in a car accident. Out of desperation and grief over his loss he jumps onto a train that happens to house the Ã¢â¬ËBenzini Brothers Most Spectacular Show on EarthÃ¢â¬â¢, thus beginning his involvement with the circus. After his involvement in the circus Jacob starts to fall in love with Marlena who is married to the circus head animal trainer, August. Character #2 Name: Marlena Rosenbluth Role in the Novel: Marlena is married to August who is the head animal trainer for the Ã¢â¬ËBenzini Brothers CircusÃ¢â¬â¢ and is also the star performer in the circus shows. Description: Marlena is the star performer of the Benzini Brothers circus. She married August Rosenbluth, against her parentsÃ¢â¬â¢ wishes, and ran off with him to join the circus. Marlena endures her husbandÃ¢â¬â¢s unusual behavior, which is not always the most pleasing in any way but eventually finds comfort with Jacob after they form a bond with Rosie the circusÃ¢â¬â¢ new elephant. Character #3 Name: August Rosenbluth Description: August is MarlenaÃ¢â¬â¢s husband and the head animal trainer. He is alternately charming and brutal, both to the humans and animals aboard the Benzini Brothers train. Later in the book, it is explained that he is a paranoid schizophrenic. Themes and motifs: The book, Water for Elephants, has a symbolic study of human need for love and acceptance. The primary symbols are revealed through unique characters that struggle to feed deep internal desires. Rosie, the elephant, is a big and powerful symbol. More than just being a performing animal, Rosie reflects the desperation of so many Americans during the Great depression. Being in the hands of August, Rosie lives a passionless life. When she reaches for more, drinking the sweet circus lemonade that she craves rather than the water that she requires for sustenance, she is beaten into submission. AugustÃ¢â¬â¢s cruel message is clear that the circus is no place for independent passions. Symbols: Water Ã¢â¬â A symbol of purification, which is portrayed many times. Before Jacob jumps on the train the book states: When I first submerged my feet into frigid water, they hurt so badly I yanked them out again. I persisted, dunking them for longer and longer periods, until the cold finally blistered. Ã¢â¬ ?Train tracks Ã¢â¬â Are a symbol of choosing one's direction in life. For instance, the book states: Ã¢â¬Å"This is so oddÃ¢â¬ ¦ I'm running beside a moving train in the middle of nowhereÃ¢â¬ . Their Society and Culture: In Wa ter for Elephants, the society and culture is pretty much exactly how it was in the 30Ã¢â¬â¢s. Because it was the time of the Great Depression, people did everything they could to make their lives happy. Book Review: I personally loved everything about this book! Other readers may find themselves churning through this book at a quick pace, eager to see what lies ahead, and then slowing down as they realize the book is coming to and end. Or at least thatÃ¢â¬â¢s what I was doing. Water for Elephants is a book that can be read over and over again, recommended and handed off between friends; it begs to be discussed and mulled over. With lines of startling beauty, haunting and graphic scenes and finely drawn characters that dance off the page, readers can dip in and out of the novel, immersing themselves in Jacob's memories. The book is a beautifully written and extensively researched story, and is often surprising and funny. I highly recommend Water for Elephants if youÃ¢â¬â¢re looking for an enchanting story with adventures that place the reader alongside Jacob and his wild transfer into adulthood. Definitely a must read! Summary of the Novel: Water for Elephants, written by Sara Gruen, tells the story of a man named Jacob Jankowski, who leaves his life as a Cornell University veterinary student after losing both his parents in a car accident, and jumps onto a train that happens to house the Benzini Brothers Most Spectacular Show on Earth. After a short confrontation with Blackie, a bouncer that stops stowaways, and Camel, a limp old worker, promising him a job and an audience with Uncle, the ringmaster, Jacob decides to stay aboard the train. Since his parents have died in an automobile accident, and he has not a home to call his own, he decides to remain with the circus. Jacob is employed as the showÃ¢â¬â¢s veterinarian and he faces a number of challenges in dealing with the head trainer, August, while also learning how to function in the hierarchy of the circus and falling in love with August's wife, Marlena. Jacob Jankowski, a ninety year-old man who lives in a nursing home, tells the story as a series of memories. As the memories begin, Jacob Jankowski is twenty-three years old and preparing for his final exams as a Cornell University veterinary student when he receives the news that his parents were killed in a car accident. JacobÃ¢â¬â¢s father was a veterinarian and Jacob had planned to join his practice. When Jacob learns that his father was deeply in debt because he had been treating animals for free as well as mortgaging the family home to provide Jacob an Ivy League education, he has a breakdown and leaves school just short of graduation. In the dark of night, he jumps on a train only to learn it is a circus train. When the owner of the circus, Uncle Al, learns of his training as a vet, he is hired to care for the circus animals. The head trainer, August, is a brutal man who abuses the animals in his care as well as the people around him. Alternately, he can be utterly charming. Jacob develops a guarded relationship with August and his wife, Marlena, with whom Jacob falls in love. August is suspicious of their relationship and beats Marlena and Jacob. Marlena subsequently leaves August, which is the precipitating event leading to the ultimate demise of the Benzini Brothers circus. As the story climaxes, several circus workers who were red lighted off the train come back and release the animals causing a stampede during the performance. In the ensuing panic, August is killed. As a result of this incident, which occurred during a circus performance, the circus is shut down. Marlena and Jacob leave, along with several circus animals, and begin their life together.
Tuesday, July 30, 2019
Alcohol advertising in Australia ignores the long-term and short-term health risks associated with excessive alcohol consumption; these are detrimental to the Australian population of all ages, therefore they should be banned. Alcohol advertising is the promotion of alcoholic beverages by alcohol companies through a range of different media. Alcohol advertising is one of the most closely regulated forms of advertising, along with tobacco. The self-regulation system in Australia is not effective at protecting children and youth from exposure to alcohol advertising, a great deal of which contains material appealing to these groups (Fielder, Donovan & Ouschan 2009). The Alcoholic Beverages Advertising Code was introduced to guarantee that alcohol advertising will be conducted in a way that encourages responsibility and moderation in liquor merchandising and consumption, and does not promote the consumption of alcoholic beverages by underage persons. The Alcoholic Beverages Advertising Code first introduced in 1998 is the regulatory system for alcohol advertisement in Australia. For advertisement to comply with this code it is assessed to whom the advertisement is directed, and whom the advertisement may possibly be communicated. AustraliansÃ¢â¬â¢ consumption of alcohol is large on a global scale, with consumption estimated at 9. 88 litres per capita in 2007 (National Preventative Health Taskforce 2009). Scientific research has revealed, over decades, that there is a correlation between alcohol advertising and the consumption of alcohol. However, it has not yet been proven that alcohol advertising causes higher consumption (Hanson, 2011). It is the Alcohol Companies aim to demonstrate that the alcohol campaigns effectively increase their potential market share and brand loyalty, and not higher alcohol consumption. Adolescences are exposed to alcohol advertisements through many different forms of media, and can result in the consumption of alcoholic beverages. A study has shown that alcoholic beverages are the most advertised product inside a 250 metre radius of primary schools and children are exposed up to 25 advertisements for alcohol per square kilometre (Australian and New Zealand Journal of Public Health 2008). The alcohol industry lack credibility in the argument about banning alcohol advertising, given their dire attempts at enforcing their own self-regulatory code (the Alcohol Beverages Advertising Code). ChildrenÃ¢â¬â¢s exposure to alcohol advertisement is on a daily basis. The advertisement of alcohol and alcohol products is not adequately regulated to restrict youths viewing alcohol-related images and messages. Research has shows that underage children are frequently shown alcohol advertising (Fielder, Donovan & Ouschan 2009). Mounting evidence has revealed, for youths, the increasing pressure of alcohol marketing creates negative attitudes towards alcohol consumption, and significantly impacts their decision to drink, as well as how they drink (National Preventative Health Taskforce 2009). Underage drinking can cause youthÃ¢â¬â¢s brains to be extremely damaged from alcohol. Large alcohol exposure to the developing youthÃ¢â¬â¢s brain can be very dangerous. Adolescents are shown to be more susceptible to the learning and memory difficulties that can arise from alcohol consumption. Sections of the brain that are affected by alcohol are directly correlated with memory and emotions, and binge drinking could produce memory problems, problems with verbal skills, incapacity to learn and depression. The existing regulatory system does not effectively regulate these exposures, and does not attempt to decrease or abolish the appeal of the advertising content. The 30 highest viewed alcohol advertisements to the underage population included at least one component identified to appeal to children and underage youth, with 23 found to contain two or more such material. It was also found that 15 of the 30 advertisements contained an animal (Fielder, Donovan & Ouschan 2009). The self-regulation system in Australia fails to safe-guard children and youth from exposure to alcohol advertising, with a good majority containing elements appealing to youths. The advertising companiesÃ¢â¬â¢ target audience of their advertising campaigns have changed, with various brands being targeted towards a particular population. Some drinks are typically seen as a masculine drink, predominantly beers and dark spirits, whilst wines and cocktails are seen as feminine. Brands have said to be specifically produced to appeal to a population that would not generally drink that kind of alcoholic beverage. The alcohol industry has come under criticism and restricted legislation in their alleged targeting of young people, with the creation of alcoholic beverages that are sweet-tasting and bright coloured which appeal to the younger population. However, there is no solid evidence that supports this alleged targeting of youths. There have been wide spread debate on whether alcohol advertisements are targeting the teenage population, although alcohol advertisement makes consumption look extremely exciting and enjoyable with a majority of which involve parties. Exposure to alcohol advertisements is a daily occasion; they are on television, radio, billboards, concerts, magazines and sporting events. If alcohol advertising was to be banned there would be a certain objection from alcohol companies, outlets, sporting bodies and association. Alcohol is a major sponsor within Australian sports and is estimated to be worth $1. 25 billion a year. Large quantities of alcohol consumption are linked to severe public and social health problems involving violence, crime, road accidents and disease. With the taxing of premixed drinks there is intent to address the problem, however this has not made much of a difference, with adolescence moving onto different forms of alcohol. With the alcohol advertisement nearly everywhere and binge drinking within the teenage population still prevalent, the self-regulatory systems set up at present are not adequate. Heavy alcohol consumption has become a part of Australian culture; advertisement is encouraging these trends, and should be banned. Reference List: * Australian and New Zealand Journal of Public Health, NSW Centre for Overweight and Obesity, 2008 * Fielder, L. , Donovan, R. J. & Ouschan, R. (2009) Ã¢â¬ËExposure of children and adolescents to alcohol advertising on Australian metropolitan free-to-air televisionÃ¢â¬â¢, Addiction, 104: 1157-1165 * Hanson, David, 2011; Alcohol Advertising * National Preventative Health Taskforce (2009) Australia: The healthiest country by 2020, Technical Report No 3.
The World Trade Organization (WTO) was established in 1995 after the Uruguayan Round. It embodies the international organization which deals with a wider range of aspects related to the international trade. The WTO controls the international trading system. It represents an evolved instrument of negotiation in comparison with the preceding General Agreements on Trade on Tariff and Trade (GATT). Hoekman, B. M. & Kostecki, M. M. (2009) WTO includes many important improvements on economic issues, disciplines and commitments of the international negotiation in addition it shape the current Multilateral Trading System (MTS).United Nations Conference on Trade and Development (2008) Reports have shown that WTO was creating a favorable condition for business in Peru during the last 10 years. WTO (2007) since the beginning as member of WTO Peruvian governments have express their interest to continue doing necessary improvement in its legislation in order to achieve a completely integration to the global market as well as liberation of trade, WTO (2007) actively participation in negotiations and integration agreements is evidence of that.For instance Peru has bilateral agreements in force with: Unites States of America, Chile, Mexico, Canada, Singapore, China, South Korea, Thailand, Japan, Panama, Andean community (CAN), Asia pacific Cooperation Forum (APEC) Latin America Integration association (LAIA), MERCOSUR, agreements signed with : Venezuela, Costa Rica, Guatemala, European Union, and Agreements in negotiation: El Salvador, Honduras, Doha program, Pacific alliance.WTO. org (2012 Foreign capitals entering to the local market in Peru are steadily increasing as result of trade negotiations also it has made possible to some local industries access to the international market. However Peru still depends on commodities exportation, for example traditional products that are mainly agricultural and minerals such as Cooper, gold, oil and fish meal represent the 75. 7% and n ontraditional products such as textiles and agro industrials products represents 23. 92 %. INEI (2012) in my view this may bring negative consequences to the local economy if Peru remain exporting non value added goods. Since 1995 Peru is a member of the WTO, WTO. org (2012). Agreements were incorporated to the Peruvian legislation 1996 however due to internal political troubles It was not possible to see the real impact of these agreements until 2002.At that time deep concern in the government in turn made to undertake political reforms in order to promote a major participation of the country into the WTO. During the period from 2000 to 2002 Peru experienced grow of the domestic products (GDP) of 4. 6 %, a slightly increment from 2002 and 2006 of 5. 8 % however after coming into effect important bilateral and regional agreements the GDP grew 7. 8 % in 2010.MICETUR (2012) WTO plays the role of international intermediary between developing and developed economies bringing apparently favorable condition to less developing world when facing negotiation for instance in the DOHA round of November of 2012 emerged the initiative to help developing countries by launching the Doha program which aim to find solutions to important issues affecting developing countries such as obstacle to access to international market of agricultural products, development of the agriculture industry by technical assistance, enhance the capacity, dispute settlement and industrial tariffs as well as services.United Nations Conference on Trade and Development (2008) To conclude WTO propose the legal framework to create better conditions especially during commercial negotiations to achieve the development however Countries requires improve its capacities in order to be competitive and capable to avail this benefits.
Monday, July 29, 2019
Marketing research leads to analysis paralysis - Essay Example For example, Benz cars are one of the costly vehicles in the world. So it can be successfully implemented in developed or developing countries whereas it might not be an ideal choice for the people of underdeveloped countries. Consider Benz is trying to introduce their expensive vehicles in Indian market. In India, different geographical regions have different type of economies and Benz need to account for these geographical economical and cultural differences before formulating their marketing strategies. Sachin Tendulkar might be a better brand ambassador for Indian conditions whereas he may not be the same in Chinese conditions. Thus marketing is a complicated task which needs lot of researches and analysis for the successful movement of the product in a particular region or market. Millions of dollars spent for the market research and analysis by the marketers which lead towards a situation; analysis paralysis. Primary market research is based on the data collected directly from the market. It is classified into two categories; qualitative and quantitative based on the characteristics of the data collected. Ã¢â¬ËGathering of descriptive information, usually representing verbal or narrative data through open-ended interviews or focus groups usually come under qualitative data whereas gathering of numerical information that can be analyzed statistically through surveys come under quantitative dataÃ¢â¬â¢(Small business notes, 2009) Open interviews composed of descriptive questions often used to collect qualitative data. The probability of answers like Ã¢â¬ËYesÃ¢â¬â¢ or Ã¢â¬ËNoÃ¢â¬â¢ would be avoided while formulating questions for collecting qualitative data through interviews. The interviewees would be forced to open their minds and to answer questions with more details if the questions are designed correctly. The greatest benefit of qualitative research is its ability gather dat a about the common trends, emotional motivators, and general likes and dislikes of the
Sunday, July 28, 2019
Corporate Social Responsibility Report - Assignment Example Externally the company strives to comply with its legal responsibilities based on law, legislation and its duties as a taxpayer. Still, the company has a responsibility as a member of the society, community and environment which it operates. It has to offer due diligence, care and protection to that environment. Therefore, Total is socially responsible because it has invested heavily in the development of human capital, protecting the environment and its enhancement of how it relates with all its stakeholders. The company treats all its stakeholders in a manner deemed acceptable in a civilized society. The business is economically profitable, adheres to the rule of law, ethical and socially supportive. The multinational covers all the four tenets of corporate social responsibility which explains the success in its operations.Taking into consideration that CSR is a designed policy to ensure that public interest is promoted proactively so that the growth and development of the communit y is realized, I would market the CSR of Total as a member of the marketing team in the following ways. ... This applies to a company operating in vice products like Total that has faced so many environmental suits due to oil spills before. As a result of this Total has an opportunity to still penetrate the market. Secondly I would strive to make the customers feel fulfilled, this is derived from the fact that customers normally only purchase products that is vast in its CSR activities (Hopkins, 2004). This makes the customer feel a sense of gratitude and fulfillment hence loyalty to a company. It is important for the public to understand the CSR activities of the business because; as a result, most customers will always want to associate with companies that return back to the society apart from just making profits. The customer loyalty created ensures increased consistent sales making CSR a very powerful marketing tool for most companies and Total in specific. As has already been mentioned, CSR will also make customers feel a sense of gratitude and fulfillment. This has the potential impa ct of product patronage hence translating into brand and loyalty to the company. Intensified CSR is able to calm down the perception of the public in the event of a large public relations crisis hence lessen the impacts of the negative publicity (Hopkins, 2004). As it has been witnessed CSR has the power to benefit both the society and the environment on legal, moral and ethical basis apart from the contributions of the same to economic growth and development. The results of CSR are far-reaching as it surpasses its impacts on mere individuals and localities. It crises crosses the whole society, communities and a whole large settlements. CSR policies, programs and processes are strategic and has a series of business related benefits to the operations of any form of profit oriented
Saturday, July 27, 2019
External and Internal Environment Analysis - Essay Example Its different branches serve their respective localities. I will discuss the environment of the branch that serves my community. External Environmental Analysis External environment of Human-Care Organization consists of all those elements in the remote, industrial and external operating environment that impact upon the design of its strategic plans and define its competitive position in the market. The environmental variables or these elements are important to identify here. In the remote environment, most important are the technological and legal forces that must be dealt with quite efficiently and changes in whom must be kept track of to reach effective strategic options to a problem. Changes in the technological world define the competitive situation of this organization thus it places great stress upon learning and implementing new technologies that help the organization bring together its clients and legal service providers on a collaborative platform. In the industrial environ ment, the most important factors affecting this organization are the competitors and the potential entrants in this business. The organization has to keep constant check on the changes occurring in the competitive market so that such decisions should be made that keep the organization at par with its competitors. The operational external environment involves the clients most importantly who come to the branch and report their complaints about any unfair treatment they may be receiving from other citizens or from the government. Their satisfaction is vital for the sustainability of this organization and hence they are one of the most important external environmental factors affecting its integrity. Effective communication with clients and regular contact with them until the problem is resolved is one of the main objectives if this organization. Internal Environment Analysis Just like external environment, the organization gives great importance to its internal environment and lays ou t such strategic plans that guarantee that all internal factors are working properly and in nice coordination. Internal environment is defined as Ã¢â¬Å"the conditions, entities, events, and factors within an organization that influence its activities and choices, particularly the behavior of the employeesÃ¢â¬ (WebFinance, Inc, 2011). Internal factors mainly include the mission statement, leadership, organizational culture comprising of employees and management, and resources. Strengths Although all of these factors are very important for the sustainability of the internal organizational culture; yet, the leadership and the employees are the most significant factors that drive the organization. The leadership of Human-Care Organization is provided by Henry Steve who is known to be a proficient and ethical leader. His leadership has provided the company with such a motivational platform where the whole management and labor works in harmony to achieve the organizational mission and the objective of the mission statement. Moreover, the employees work in collaboration and are kept happy and satisfied with their jobs. This has improved the workplace culture and job satisfaction. Employees are given their due rewards and regular bonuses to motivate them to do hard work. Their problems are listened to and solved.
Friday, July 26, 2019
Harmonization and Financial Reporting - Coursework Example That seemed far from a sure thing last spring, w. hen the Financial Accounting Standards Board (FASB) solicited comments on the AICPA's new "comprehensive "model f business reporting" and so endowed it with a faint whiff f reality. The timing seemed right. At the Securities and Exchange Commission (SEC), commissioner Steven M.H. Wallman was already lending tacit support to the concept by publishing articles and hosting conferences on his own ideas for an expanded system that would include improved disclosure f intangible assets. Meanwhile, SEC chairman Arthur Levitt had just successfully lobbied the Financial Accounting Foundation (FAF) to give one f the seats held by the Financial Executives Institute (FEI) to a public-sector trustee. The FAF oversees FASB, f course, and what small voice preparers had in directing the views f FASB was further diminished. Finally, many preparers had concluded that FASB, as demonstrated by the onslaught f new standards it had issued in recent years, w as hardly worried about complaints that financial executives were overburdened. And yet, like a baseball team that has just captured a wild-card ticket to the playoffs, the preparer community appears to have enjoyed a turn f luck. After reviewing the AICPA's arguments for a new reporting model and listening to comments from users and preparers f financial statements, both in written and oral testimony, FASB chairman Dennis Beresford has concluded that, for now anyway, it's just too much. "While it is dangerous to generalize about such letters and meetings," Beresford says, "my feeling is that most f our constituents aren't interested in wholesale changes to our current financial reporting system." And FASB, it seems, is not interested in tackling any major overhaul f the status quo. "My prediction," says Beresford, "is that FASB is going to be quite cautious about expanding its role beyond traditional financial statement matters." The Complicating Factors FASB has good reasons for tabling the issue. For one thing, Beresford's second five-year term expires in June, and many observers think the Board will be reluctant to take on any major new projects until a new chairman is installed. In addition, FASB's current agenda is jam-packed with such projects as derivatives disclosure, segment reporting, and comprehensive income. While FASB agreed to review the future f financial reporting as part f its first strategic plan, adopted last April, so far it has been reluctant to for-realize the creation f a new financial reporting model as a working project. And whatever decision is made about the future f reporting has to be made with an eye toward possible U.S. acceptance f new international accounting standards--which isn't expected for at least several more years. All in all, this is not what the AICPA had in mind when its Special Committee on Financial Reporting, chaired by Edmund Jenkins, issued its voluminous report a little over two years ago. The committee said then that current financial statements were no longer providing users with the information they needed to make smart credit and investment decisions, and were
Thursday, July 25, 2019
Mobile Technology - Essay Example Mobile technology has not only simplified the spread of communication technology through elimination of physical medium to reach its destination but it has also added a great value to businesses through simplified and easy implementation. Mobile technology has also revolutionized the field of education, with millions of university students and educators have laptops in class rooms, university lawn and hostels directly connect to the internet and university intranet through high speed mobile wireless technologies. It is not only laptops, even mobile phones and other handheld devices are becoming exceedingly powerful enough to replace laptops and personal computer in educational and business environments. Beyond its common uses mobile technology is now stepping into new domains of ease and accessibility with research and development in the Near Field Communication (NFC) technology which is essentially a mobile technology. NFC is about to change human lives, when mobiles will be used to made flash payments through integrated debit or credit cards at trains, airports and shopping malls. The user will simply touch mobile device with the NFC tag and the payment will be made directly from userÃ¢â¬â¢s account. At a hospital NFC tag can collect medical history through mobile device and there will be no need to trace the hospital recodes for patientÃ¢â¬â¢s history. This only gives an idea about NFC because very soon NFC enabled mobile phones will carry almost every sort of information that might be used anywhere, anytime. (Kessler, 2011). Like many other modern day technologies, mobile technology is getting more and more space in human lives and has almost reached a point where it will become a necessity. Even today, its multiple uses have comforted human life so much that it has gain indomitable place in areas like businesses,
Wednesday, July 24, 2019
Shakespeare - Essay Example This paper examines the deposition scene in the two plays to draw out each kingÃ¢â¬â¢s relationship to kingship, his use of language, his mental state, his deployment of the Passion narrative, and his use of the crown as a prop. Following this analysis of the two kings, there is a discussion of the theatrical techniques the authors use to highlight the main issues at stake, for example the setting and role of the other characters in the deposition scene and the way that the drama unfolds on the stage. Finally the similarities and differences between Shakespeare and Marlowe are explained, leading to the conclusion that Shakespeare has borrowed some aspects from Marlowe but at the same time he has pushed MarloweÃ¢â¬â¢s art in a number of new directions. In the deposition scene (Act V, Scene i) MarloweÃ¢â¬â¢s King Edward II makes it very clear that he sees himself as belonging to a category that is very different from ordinary citizens: Ã¢â¬Å"The griefs of private men are soon al layed;/ But not of KingsÃ¢â¬ (Marlowe, lines 8-9). In order to illustrate the different elements in the social hierarchy, Edward uses animal imagery. The people are like Ã¢â¬Å"the forest deerÃ¢â¬ (Marlowe, line 9), while he describes himself as Ã¢â¬Å"the imperial lionÃ¢â¬ (Marlowe, line 11). ... In ShakespeareÃ¢â¬â¢s deposition scene (Act IV, Scene i) the king also assumes an entirely different and superior status, but his approach is much more sophisticated. King Richard makes the religious allusions even more obvious by the analogy of the Passion of Christ. ShakespeareÃ¢â¬â¢s King Richard implies that he is like Christ, while the usurper and his many followers are like Judas: Ã¢â¬Å"So Judas did to Christ; but he, in twelve,/Found truth in all but one; I, in twelve thousand, none.Ã¢â¬ (Shakespeare, line 171) The analogy is expanded, as the King accuses the bystanders of being like the Biblical Pontius Pilate: Ã¢â¬Å"Though some of you, with Pilate, wash your handsÃ¢â¬ ¦Ã¢â¬ (Shakespeare, line 239). Kingship in both plays is seen by the kings as a status that is fundamentally different from ordinary citizenship, and ordained by god, but it is depicted as something affected by the traitorous actions of other people. The two kings use language in different ways to express their reaction to the impending loss of their kingly status. MarloweÃ¢â¬â¢s king Edward II is aware that he is experiencing a great deal of negative feelings when he confesses that Ã¢â¬Å"outrageous passions cloy my soulÃ¢â¬ (Marlowe, line 19) and he shows extreme Ã¢â¬Å"rancour and disdainÃ¢â¬ (Marlowe, line 20) and speaks of Ã¢â¬Å"the fury of your kingÃ¢â¬ (Marlowe, line 73). When Winchester addresses him as Ã¢â¬Å"My lordÃ¢â¬ (Marlowe, line 113), Edward answers with short and angry commands: Ã¢â¬Å"Call me not lord!/ Away, out of my sightÃ¢â¬ (Marlowe, lines 114-115) before he relents and realizes that he does not have the power to command any more. ShakespeareÃ¢â¬â¢s King Richard is also very grieved by what has happened, but he turns his anger into bitter satire, as for example when he asks to be
Business continuity and crisis management - Essay Example BCM plays an important role in every organization that uses it. One major aim of having a BCM program on any business to is to give it the capacity to have a quick and effective response to global crises such as cyber attacks mostly through data breaches, natural disasters and ensure the business interests of the organization are protected. (Blyth, M. 2009). What this means is that BCM is not only about crisis management, but it also includes disaster and business recovery, incident and emergency management. The ISO 22301, which is a system of business continuity management, places emphasis on a few areas that are crucial in BCM.First, it suggests that there is a great need to have an understanding of the needs of continuity and preparedness. Moreover, there is need to understand why it is necessary to establish a BCM policy and objectives in an organization. It adds that the effectiveness of the entire process relies heavily on this understanding. Secondly, there is need for an orga nization to implement and operate controls that can manage its overall continuity risks. It therefore, suggests that it would be meaningless to have a BCM policy when the organization is not ready to implement it. (Bajgoric, N. (n.d.). Thirdly, the organization should constantly review and monitor the effectiveness of the BCM program to ensure it is working according to its goals. Finally, the regular assessment of BCM will lead to objective measurements that are important in continual improvement.
Tuesday, July 23, 2019
Understanding of the Relevant Literature on the Skills Managers Require in the 21st Century - Dissertation Example Understanding of the Relevant Literature on the Skills Managers Require in the 21st Century However, it is important to remember that the present age has new facets that are critical for the companyÃ¢â¬â¢s success. Businesses nowadays are strongly influenced by globalisation and technological innovation. Hence, in order for managers to be effective, they must be capable of managing the forces that has characterized the new century. Moreover, since the new business age is very dynamic, it is therefore important for the managers of today to be more nimble and agile in order to anticipate and act quickly on the changes before they are pushed into obsolescence. That way, they can capture opportunities as they are realized or defend against threats as they emerge. Moreover, globalisation has demanded that managers become able to manage a diverse workforce as more and more companies are expanding overseas (Khatri and Ong, 1999). Hence there has been an increase in the demands of managers to go beyond their talents and skills to ensure that they are able to innovate themselves s ince this is basically the game that companies and managers have to play in the 21st century. The new century has offered new and exciting challenges for businesses all over the world. The massive improvements in technology have greatly helped in the advancement of communications and information capabilities of countries, companies and individuals worldwide. Basically, this has put an end to the industrial age and heralded the information age which has even brought to fore a new breed of employees, the knowledge workers. These people have radically changed the manner of doing things wherein the office hours as well as office spaces have been practically taken out of the equation (Serrat, 2008). This is all the more demanding if the company is trying to get and maintain a global presence since there is the inescapable need to source out manpower from the different countries from which they operate in as well as to be able to maintain this global workforce. Moreover, there has been a general shift from solely focusing on the financial indicators as the sole measure of the strat egic success of a company. Kaplan and Norton (2005) have shed light on the lack of capability of measuring the success of a companyÃ¢â¬â¢s strategy by basing on the financials alone. According to these Harvard business thinkers, it is important to have a balanced view of the lagging as well as the leading indicators in order to properly gauge the companyÃ¢â¬â¢s overall situation. Hence, they have brought forward the Balanced Scorecard (BSC) in order to properly capture these indicators in their four perspectives which are the Learning & Growth, Internal Business Process, Customer and of course the Financial Perspective. All these provide a confluence of indicators for the company to properly analyze their situation and make changes, if necessary, in order to ensure that they remain on track with their targets. However, all these goes to show the increasing demands to the managers of the 21st century wherein there seems to be a shift towards the capability to multi-task and be ab le to adapt to the fast-paced and multicultural business environment of today. Aim The purpose of this paper is to
Monday, July 22, 2019
Tort Law Essay After reviewing the facts, I would advise Jason, Penny and Fancy Fashions, Ltd. of their possible causes of action vis-Ã -vis the parties who may be held liable for damages for their negligence, namely, Alice, Joyce, the junior doctor, the nurse who administered the anti-tetanus serum, and RichardÃ¢â¬â¢s Teaching Hospital. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In particular, I would advise Jason to take legal action against Alice, the learner driver, for damages sustained by him as a result of the collision with her automobile.Ã My advice is based upon the fact that Alice is liable for actionable negligence. Traditionally, the elements of a cause of action for negligence are: (1) a duty to use reasonable care; (2) a failure to conform to the required standard; (3) a reasonably close causal connection between the conduct and the resulting injury, commonly called Ã¢â¬Å"proximate causeÃ¢â¬ or Ã¢â¬Å"legal causeÃ¢â¬ ; and (4) actual loss or damage to the aggrieved party (Prosser 1982). Ã Ã Ã Alice did not comply with her duty of seeing to it that her act of driving does not result in injury to another.Ã Ã Ã Knowing that she must be particularly careful at a road portion designated for people crossing, she should have slowed down.Ã Ã Ã Her not exercising reasonable care while driving is the proximate cause of the accident, which resulted in actual damage to Jason. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã I would, however, caution Jason that the task of proving the negligence of Alice would not be easy or simple. The fact of the accident occurring having been proved, Jason would now have to show that Alice was negligent, and that such negligence is the proximate cause of his injury.Ã To do this, he has to show that Alice fell short of the standard of care required, that is, she failed to do Ã¢â¬Å"what a reasonable, prudent person would do under the same or similar circumstancesÃ¢â¬ (Prosser 1982).Ã Ã Jason may argue that in determining negligence, the law makes no distinction as to whether or not the defendant is a learner driver or an experienced professional, that what is expected of Alice is that standard of care expected of a reasonable man Ã in order to prevent a foreseeable wrong. Ã A reasonably diligent person ought to be aware that pedestrian crossings are designated passageways for people and that it is a basic rule among motorists to exercise due care when approaching such crossings.Ã Ã As every learner driver ought to know, one of the fundamentals of safe driving is to be always alert at pedestrian crossings; traffic signs are adequate warning to this effect.Ã Ã Thus, a reasonably diligent driver should approach such crossing with caution by slowing down , his foot poised to hit the brake pedal if necessary.Ã Judicial notice may be taken of the fact that braking is one of the first skills taught a learner driver. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In fine, Jason would have to satisfy the court: (2) that the negligence of Alice is the proximate cause of JasonÃ¢â¬â¢s injury, and (2) that there is no contributory negligence on his part. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Proximate cause has been defined as Ã¢â¬Å"that act or omission which immediately causes or fails to prevent the injury; an act or omission occurring or concurring with another which, if it had not happened, the injury would not have been inflicted.Ã¢â¬ (Tennessee Trailways, Inc. v Ervin, Supreme Court of Tennessee, 1969).Ã Ã In the instant case, the omission of care on the part of Alice as she approached the pedestrian crossing would have prevented the accident; thus her negligence is the proximate cause of it. Jury instructions in the state of Texas define proximate cause as Ã¢â¬Å"that cause which, in a natural and continuous sequence, unbroken by any new and independent cause, produces an event, and without which cause such event would not have occurred; and in order to have a proximate cause the act or omission complained of must be such that a person using ordinary care would have foreseen the event, or some similar event, which might reasonably result therefrom.Ã There may be more than one proximate cause of an event.Ã¢â¬ (Prosser 1982). Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Since contributory negligence either bars the victim from award of damages or reduces the amount thereof, the defendant would probably adduce evidence of contributory negligence on the part of Jason.Ã Ã Ã Alice may contend that Jason is solely to blame for the accident. He should have realized that in his drunk condition he is prone to danger from passing vehicles. Ã Ã Ã Ã Alice would attempt to show that a drunk person may not invoke his state of intoxication to evade responsibility for his own negligence, and that Jason ought to have foreseen the possible consequences of his crossing the street while drunk. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In U.S. courts where the doctrine of contributory negligence is still in force resort has sometimes been made to the old common law doctrine of Ã¢â¬Å"last clear chanceÃ¢â¬ : a plaintiff is allowed to recover damages upon showing that the defendant had the last clear chance to avoid the accident. Under this doctrine, the later negligence of the defendant makes him liable for negligence on the assumption Ã¢â¬Å"that he is the more culpable whose opportunity to avoid the injury was later.Ã¢â¬ (Kansas City Southern R. Co. v Ellzey (1927) However, the said doctrine is history for being manifestly Ã¢â¬Å"inequitable in its operation because it fails to distribute responsibility in proportion to fault.Ã¢â¬ (LI v Yellow Cab Co. of California Supreme Court of California, 1975). Ã Ã Ã In the United States, the last clear chance doctrine appears to have been modified or superseded by the theory of comparative or gross negligence or a combination of both, and the issue of determining the best principle to be applied in such cases is now being shifted to the legislative branch. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In the United Kingdom, contributory negligence is provided under statutory law.Ã Ã A plaintiff who is found to be liable thereto may recover damages subject to a reduction to an extent to be determined by the Court.Ã Ã As provided under Section 1(1) of the Law Reform (Contributory Negligence) Act of 1954, in cases where contributory negligence occurs, Ã¢â¬Å"the damages recoverable in respect thereof shall be reduced to such extent as the Court thinks just and equitable having regard to the claimantÃ¢â¬â¢s share in the responsibility for the damage.Ã¢â¬ Ã In view thereof, I would advise Jason that the damages to be awarded him in case of a favorable verdict shall be reduced as the Court shall see fit upon a finding of contributory negligence on his part. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Regarding the question of whether or not JasonÃ¢â¬â¢s act of walking in the pedestrian crossing while drunk constitutes contributory negligence, I submit that, yes, Ã it may possibly be so construed.Ã Ã Alice may invoke the aforesaid statutory provision stating that contributory negligence occurs when there is a sharing of fault by both parties.Ã Ã She may likewise cite the ruling in Froom v Butcher (1976), where the Court held that Ã¢â¬Å"negligence is a manÃ¢â¬â¢s carelessness in breach of duty to others.Ã Contributory negligence is a manÃ¢â¬â¢s carelessness in looking after his own safety. He is guilty of contributory negligence if he ought reasonably to have foreseen that, if he did not act as a reasonable prudent man, he might be hurt himself.Ã¢â¬ Ã Ã Ã However, I maintain my position that JasonÃ¢â¬â¢s crossing the street Ã¢â¬Å"oblivious to all trafficÃ¢â¬ does not ipso facto show that he was aware of a foreseeable harm to himself.Ã Ã A person crossing a street is not expected to be always on the lookout for learner drivers while doing so; they rely on the fact that any motorist is aware of its being a pedestrian crossing and should observe proper care when approaching and passing through it.Ã Ã Every pedestrian or motorist always assumes that the other person behind the wheel knows what he is doing. Whether drunk or alert, one cannot possibly foresee that a particular motor vehicle is being driven by a negligent driver.Ã In the case of OÃ¢â¬â¢Connel v Jackson (1972) (where an employee rode on a traxcavator against orders, thereby exposing himself to danger, and was crushed when another vehicle rammed into it), it was opined that Ã¢â¬Å"foreseeability is not the decisive test of causation.Ã It is often a relevant factor, but it is not decisive.Ã¢â¬ Ã Ã Inasmuch as foreseeability is not decisive, Jason may disprove contributory negligence by showing that he could not have foreseen being struck by a learner driverÃ¢â¬â¢s car as he crosses the street. I submit that Alice may not evade liability through negligence by showing that she could not have foreseen that a drunk person would ignore the flow of traffic. Ã Ã If that reasoning were allowed, Ã a lame person, an unassisted child or elderly person,Ã a blind man walking with a cane, or any person with disability who take the pedestrian crossing (and who are perfectly aware of the possibility, however remote, that they would be hit by an oncoming car) would also be liable for contributory negligence in the event of an accident. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Contributory negligence must be proven in court; it cannot be presumed.Ã In a U.S. case, the plaintiff was injured by a passing train owned by the defendant who was then walking Ã¢â¬Å"on defendantÃ¢â¬â¢s right-of-way along a much-used path at the end of the crossties of its main trackÃ¢â¬ and was hit by an open car door.Ã The jury found that Ã¢â¬Å"plaintiffÃ¢â¬â¢s injuries were caused by his own negligence.Ã¢â¬ However, in a certiorari before the Circuit Court of Appeals, the appeals court held that Ã¢â¬Å"the evidence required a finding that plaintiff was guilty of negligence that contributed to cause his injuries.Ã¢â¬ Ã Accordingly, judgment below was reversed.Ã (Erie Railroad Co. v. Tompkins (1938).Ã Ã Ã Thus, a very drunk person crossing a street cannot be presumed negligent; his contributory negligence must be proved to bar a claim for damages. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã As regards the liability of the ambulance driver, I submit that both Jason and Penny as well as the owner of Fancy Fashions Ltd. have a possible cause of action against Joyce, the driver of the ambulance owing to his presumed negligence.Ã Ã Ã Ã The fact that the accident occurred while he was in an emergency situation does not free him of responsibility.Ã Citing several U.S. court decisions, Prosser (1982) noted: Ã¢â¬Å"It is obvious, and elementary, that the care required by the standard of the reasonable man will vary according to the risk.Ã As the danger increases, the actor is required to exercise caution commensurate with it, and to be more careful.Ã¢â¬ He also took note of other decisions which insist that Ã¢â¬Å"there are no degrees of care but merely amounts of care, greater or less, that the care required of the actor is always the same under the traditional formula, that of a reasonable man under like circumstances; and that the greater danger, or the greater responsibility are merely circumstances that require of him a greater amount of care.Ã¢â¬ Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In proving the negligence of Joyce, the crash of the ambulance driven by him into the shop of Fancy Fashions, Ltd. is a case where the maxim of res ipsa loquitor may be applicable.Ã Ã A Tennessee court held: Ã¢â¬Å"Where a motor vehicle, without apparent cause, runs off the road and causes harm, the normal inference is that the driver was negligent, and res ipsa loquitor is usually held to applyÃ¢â¬ (Tenessee Trailways, Inc. v Ervin (1969).Ã Ã However, pursuant to the said doctrine, the running off the road of a vehicle may not be construed as negligence per se, but only gives rise to three different effects: Ã¢â¬Å"(1) It warrants an inference of negligence which the jury may draw or not, as their judgment dictates. (2) It raises a presumption of negligence which requires the jury to find negligence if defendant does not produce evidence sufficient to rebut the presumption. (3) It not only raises such a presumption but also shifts the ultimate burden of proof to defendant and requires him to prove by a preponderance of all the evidence that the injury was not caused by his negligence.Ã¢â¬ Ã Ã If Joyce would be able to show that he did exercise reasonable care in driving the ambulance, and that there was an intervening cause (such as a third party that could have caused him to swerve off the road), the presumption of negligence arising from the maxim of res ipsa loquitor would be overcome. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã The three plaintiffs may implead in their action the employer of the ambulance (St. RichardÃ¢â¬â¢s Teaching Hospital), being jointly liable for failing to exercise due diligence in the hiring of driver.Ã Ã Ã Under the principle of vicarious liability (respondeat superior), the employer is responsible for the negligence of his employee which results in injury to another.Ã Ã Pursuant to this doctrine, Ã¢â¬Å"an employer will be liable for the negligence of an employee committed while the employee is acting in the scope of his employment.Ã An employee acts in the scope of his employment when he is doing something in furtherance of the duties he owes to his employer . . .Ã¢â¬ (Lundberg v State Court of Appeals of New York, 1969). Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã With respect to the damage sustained by Jason arising possibly from the administering of antibiotics, I would advise Jason that he may have an actionable right against the junior doctor (and against the hospital for vicarious liability), provided that Jason would be able to produce expert testimony that the combination of alcohol and antibiotics, with or without the jolting caused by the ambulance crash, would have produced the injury, and regardless of whether or not the junior doctor consulted the surgeon.Ã Ã Ã I base my advise on the doctrine of informed consent which requires a physician to fully disclose to his patient the possible consequences of a given treatment. Ã Ã Ã In Scott v Bradford (1979), the Supreme Court of Oklahoma stated: Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã the law does not permit a physician to substitute his judgment for that of the Ã patient by any form of artifice. Consent to medical treatment, to be Ã effective, should stem from an understanding decision based on adequate Ã Ã information about the treatment, the available alternatives, and the collateral Ã risks. . . If a physician breaches this duty, patientÃ¢â¬â¢s consent is defective, and Ã physician is responsible for the consequences. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã As in the case against Alice, I would advise Jason that the recovery of damages against the junior doctor would depend upon the findings of the trial court, i.e., a question of fact to be determined on the basis of the evidence. Ã Moreover, the defendant physician may contend that the doctrine of informed consent is not absolute; there are exceptions, such as when the information is already obvious or known, or in case of an emergency wherein the information might alarm the patient and aggravate his condition. The doctor might contend that since his primary duty is to do what is best for his patient who is unconscious anyway, he cannot be held liable for withholding information.Ã As enunciated in Canterbury v Spence ( 1972), Ã¢â¬Å"the patient has the burden of going forward with evidence tending to establish prima facie the essential elements of the cause of action.Ã Ã The burden of proving an exception to his duty and thus a privilege not to disclose, rests upon the physician as an affirmative defense.Ã¢â¬ Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Under the first rule, the junior doctor may not be held liable solely on the ground that he did not consult the surgeon who performed the operation on Jason, his skill or competence being presumed.Ã Ã But assuming it is proved that the jolting in the ambulance did not contribute to or cause the paralysis but only the antibiotics treatment, Ã Ã the legal task of proving negligence on the part of the junior doctor would still be an uphill battle.Ã Ã The defendant would enjoy the presumptions under the first and fourth rule: he is presumed competent, and is likewise presumed as not negligent. Ã On the other hand, Jason would have to prove that his administering antibiotics to Jason despite his being intoxicated with alcohol is contrary to or deviates from the standard of good medical practice in the community. In Boyce v Brown (1938), the issue was whether the taking of an x-ray of the plaintiffÃ¢â¬â¢s fractured ankle was considered standard practice (it was not).Ã Ã Ã Such question regarding standard practice may only be resolved by the testimony of experts in the medical field.Ã Ã Thus, Jason and company must present affirmative evidence of negligence, such as the failure of the junior doctor to comply with the recognized or standard procedures in such cases, resulting in the injury. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã As regards the nurse who administered the anti-tetanus injection, the above rules would likewise have to be applied.Ã If it is considered standard procedure in hospitals or in the medical community to test a patient for allergy before being given a drug which may have fatal effects in case a patient is allergic thereto, her failure to observe or comply with the said standard resulting in injury to Penny, in addition to the other elements stated above, would make her presumptively liable for malpractice.Ã Ã The nurse may contend in her defense that the allergy test is not standard or customary practice (if such is indeed the case), and that this rule (otherwise known as the locality rule) should not be applied anymore by the courts owing to the growing variance in the knowledge and skill of physicians throughout the country and the world. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã If the evidence would warrant a finding of liability due to negligence on the part of the nurse, I would advise my client to implead the attending physician who had given the order to the nurse, as well as the hospital on the ground of respondeat superior. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Suppose Jason proves his case against Alice, a question arises as to what extent she would be liable for damages in view of the fact that the injuries suffered by Jason may have been aggravated by the ambulance crash.Ã In such case, the damages shall be apportioned on the basis of the liability of the parties responsible for the first and the second accident. The Colorado Court of Appeals, deciding Bruckman v Pena (1971) citedÃ Ã¢â¬Å"the general rule that one injured by the negligence of another is entitled to recover the damages proximately caused by the act of the tort-feasor, and the burden of proof is upon the plaintiff to establish that the damages he seeks were proximately caused by the negligence of the defendant.Ã¢â¬ Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Subject to the above qualifications and views, Jason, Penny and Fancy Fashions Ltd. may file the appropriate action for damages which will be determined by the evidence presented in court.Ã Such awards may include but are not limited to medical expenses, the loss of earnings as a result of injury or incapacity, and moral damages due to the pain and suffering caused by the defendantsÃ¢â¬â¢ tortious acts or omissions. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Finally, I would advise Jason, Penny and Fancy Fashion, Ltd. that despite the wealth of jurisprudence on tort cases, there is no clear-cut approach to a particular case, and the outcome of the cases they would file in court would depend most entirely on the evidence they would present during trial, and how the trier of fact would evaluate them. REFERENCES Boyce v Brown (1938) 51 Ariz. 416, 77 P .2d 455 Bruckman v Pena (1971) 29 Colo. App. 357 Canterbury v Spence (1972) 150 US. App. D.C. 263, 464 F. 2d 772 Erie Railroad Co. v. Tompkins (1938) 304 U.S. 64 Froom v Butcher (1976) QB 286, 291 Kansas City Southern R. Co. v Ellzey (1927) 275 U.S. 236 Larson v St. Francis HotelÃ (1948) 83 Cal.App.2d 210 LI v Yellow Cab Co. of California (1975) Supreme Court of California Lundberg v State Court of Appeals of New York (1969) OÃ¢â¬â¢Connel v Jackson (1972) QB 270 Prosser, W. Wade, J. Schwartz, V. Cases and Materials on Torts (1982). 7th edition. New York, Foundation Press, Inc. Scott v Bradford (1979) 606 P.2d 554 Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Tennessee Trailways, Inc. v Ervin (1969) 275 U.S. 236
Sunday, July 21, 2019
Buy American Act Analysis Buy American Requirements Question 1 On his last day in office on 3rd March, 1933, U.S. president Hoover signed the Buy American Act which made it essential for the federal U.S government to choose products made by U.S manufacturers for procurement. Other parts of the rulings made similar compulsions on the procurements made through federal funds for transit and highway projects. Fundamentally, the Buy American Act is an endeavor to protect the welfare of local manufacturers and labors by giving direct partiality to U.S.-made products in the procurement made by government departments. The American goods defined in the act were placed is three broad categories; manufactured, mined and produced. Although the nativity of the manufacturer is not an issue according to the act however, American goods were defined as those products which are made from components manufactured in United States. Such components may be produced, manufactured or mined from within the country to qualify for being called American products. Moreover, the cost of foreign manufactured components used in the domestic product must not, in any case, go beyond fifty percent of the cost of all the components. However, there are a few exceptions to this act. Firstly, it becomes void if the procurement of American products is against public interest or entails irrational cost. Secondly, the act is not applicable on U.S projects outside the country or on the products which are not produced in sufficient quantities or acceptable quality inside U.S. Finally, the act is also not applicable for federal government procurements of less than $3,000. Moreover, the American Act provisions and restrictions can be over-ruled by the President of United States when it is envisaged that foreign products are likely to be given unfair treatment as compared to domestic products. Question 2 VectorCal and Efficient Technologies are both engaged with the control and monitoring of drone navigation systems. In addition, the companies can develop systems that make it possible to have total management and control of drone navigation systems, as well as providing adequate security when required. As it is already known that United States is engaged in war in Afghanistan, Iraq and many other countries along with its NATO allies, the use of drone technology has gained vital importance. This technology is not only advantageous in gathering information about the activities of enemy but also prove vital in launching attacks against them. In doing so a lot of national exchequer and human lives of friendly forces are saved. And the enemies are demolished without much effort or fear of launching attack through fighter planes. Keeping this background in mind, VectorCal and Efficient Technologies have much to gain from the Buy American Requirement. First and foremost is the possibility of providing the security agencies of the United States with state of the art defense navigation drone technology. This would not only assist the United States government in achieving its war related targets in an efficient manner but also in a cost effective manner as well. Another point worth noting here is that with the enactment of Buy American Requirement, the reliance of United States on foreign suppliers for defense related procurement would decrease. This would in-turn help the country in relying on its own products rather than relying on the imports from other countries who may oppose the U.S. defense policy and at some time may also want to withhold the defense related procurements. This scenario is vital for national security of United State especially when it is engaged in wars around the world. Keeping these facts in mind, VectorCal and Efficient Technologies would definitively profit from the Buy American Requirement regulations as U.S would be compelled to procure drone related navigational aids from these companies. This would obviously mean more business for the companies and more yield for the owners of the companies. This would also assist in expanding the business for the companies which would mean employment of more American workforce and added achievable targets. Question 3 The United States takes pride in economic and political freedom that it project amongst the comity of nations. The American way of life still projects a form of capitalism, although much has changed over the years. To many today, Americanism still means appreciation that free market trade both in international and domestic markets signifies the only way to prosperity of the country. Trade in international markets is not a war to be won but a form of increasing production worldwide and cooperating with others in the business to seek prosperity. In is a common knowledge that common trade advantages are fruitful for both the countries across the borders even if one of them is much more adept in manufacturing quality products. As denoted by the Comparative Advantage Law, free trade does not create boundaries but helps in eradicating unemployment. The free market trade does not depend on boundaries sketched on the map. International commerce provides the same kind of economic advantages as does the commerce between cities and towns across the country. Therefore, if intercity or across town trade is stopped for the reason that it is more patriotic to buy the product of only the local manufacturers, a huge trade deficit would be faced by the city or the town as was being faced by U.S. in almost every year in 19th century. Americanism is basically synonymous to individualism, if we take it to philosophical terms. This means that the rights of one person are his own and do not belong to a particular race or a nation. However, in case of collectivism, which is the prime notion of Buy American, Americans are supposed to look as suppliers and manufacturers of products as nations and not as individuals offering business. The country is required to accept goods of low quality at higher prices all in the name of nationalism. Mostly, the proponents of Buy American theory propagate motive behind the attitude is hostility towards the foreign products and foreigners themselves. This intolerant attitude is against the principles of capitalism and free market economy and can thus be termed as prejudiced. Some experts even believe that preferring American made products over Japanese or Chinese products is same behavior as preferring products of white people over non-white. It is a form of economic racism which tends to judge the products by the manufacturer who made it rather than the quality of product itself. In principle, the standards of living o the people of a state are raised due to enrichment of another country. This standard analogy is clear from the fact that the standard of living of our people has greatly increased due to our trade with countries like Japan. If America decides today to stop trade relation with Japan, it would not only be detrimental for our economy but also undermine our living standards to a great extent. LetÃ¢â¬â¢s look at it from another point of view. Due to Buy American Requirement, if Americans have to pay more for commonly used items domestic products e.g. shirts or shoes, then the country would have less money to pay for other needsÃ¢â¬âitÃ¢â ¬â¢s another way of sponsoring incompetent local manufacturers. These local American producers would not have any foreign competition to face and therefore would not have any reason to improve quality or cut prices. Secondly, if America refuses to buy Chinese products, same would be reciprocated by China which would include rejection of AmericaÃ¢â¬â¢s top class iPods and computers. This would lead to a collapse in economic terms which was seen after enacting of Smoot-Hawley Tariff in 1930. This tariff added huge import duties on many items due to which retaliation was seen from European countries which ultimately deepened the Depression across the globe. Question 4 Basically, there are three main exceptions to Buy American Requirement. Firstly, a product or an item can be procured from foreign manufacturer if the product or commodity is not available in local market. For example, iron and steel are not produced in America in sufficient quantities and acceptable quality. The act therefore waives the requirement of procurement of these commodities from within the country on account of their non-availability in sufficient quantity and acceptable quality. The second exception to the act refers to inconsistency to the public interest. This basically entails that any procurement which is against the interest of public may be made from the foreign manufacturer. However, such requests are to be scrutinized by DoE on case to case basis. The third exception to the act entails that a waiver would be given to the procurements for public projects when it is envisaged that by abiding to the ac would increase the domestic project construction cost by 25% or m ore. This is particularly true for the products which are neither manufactured nor produced in the U.S. in sufficient quantities e.g. Iron and Steel. Free trade in worldÃ¢â¬â¢s open markets is the hour of the need for the Americans. Otherwise the trade deficit would increase to substantially high value which would neither be controllable for the government nor acceptable to the public. The great Depression of 1930s is clear example of how U.S. imposed restrictions on the trade with other countries aggravated the financial situation globally. The Buy American Requirement binds the government to expend public funding on the procurement of only made in U.S.A. products. This restriction when waived by a few abovementioned exceptions gives some air to breath to the U.S. economy. For example, the Department of Energy waived off the restriction to buy energy efficient lighting products in 2010 for public roads and projects. This waiver was primarily granted due to the fact items e.g. traffic signals which used LEDs (light emitting diodes) technology are solely manufactured by Mexico and China. that products like compact fluorescent lig ht bulbs and traffic signals made with light-emitting diodes, or LEDs, are manufactured almost exclusively in China and Mexico. A large number of suppliers petitioned that they were unable to find the suppliers for these items in the U.S. and those willing to supply were asking for too much money; in fact more than that allowed by Buy American Act. Moreover, the DoE had started $6.3 billion worth of energy efficient projects which were lingering due to lack of American manufacturers. The decision to waive off the restriction to buy only American products contributed a great deal towards saving the huge losses to U.S. economy in case of purchasing the items from local vendors. Moreover, this waiver was also directly related to the public interest exception as it expedited the completion of projects, resulting in the saving of trillions of dollars in energy consumption. Another such exception was provided by the DoE for the procurement of two 13 MW and three 7.2 MW diesel generator radiators in 2011. The exception was a specific waiver for Utilities Corporations (CUC) which cost a total of $2,99,0075 on the import of five radiators against a cost of $3,22,5000 from domestic suppliers which meant a decrease in cost of about 35%. Therefore, the benefits of the exceptions given by the government are really beneficial for the U.S. economy and for the public interest. Question 5 A number of advantages and disadvantages can be experienced by VectorCal and Efficient Technologies by abiding by the Buy American Requirement. Firstly, if defense and navigation equipment contracts are awarded to foreign investors, the benefit from local manufacturers is taken away. A focus on U.S. manufacturing companies e.g. VectorCal and Efficient Technologies by the Department of Defense would not only boost the profitability of the companies but would also assist the U.S. government in mobilizing the industry at the time of war. Should the government require to contracts to foreign manufacturers chips away at an already deteriorating manufacturing sector. If required by the defense agencies, both these navigation systems producing companies would be in a situation to react and provide sustained assistance throughout the period of conflict. This is already in practice in many European countries who maintain a subsidized defense industrial base. For example, France has patronized its Aerospace industry putting other countries at a disadvantage. An additional advantage that can be gained by the government through patronizing navigation systems industry is the matter of national security. The reliance of U.S. on other countries on navigation systems manufacturing would greatly decrease in case the other nations decide to restrict exports to the U.S. in case of policy disagreement. Although the argument pertaining to national security has some validity, it can also be abused for seeking protection of the industry. On the other hand, sticking to Buy American Requirement can also bring demerits to the U.S; mainly on economic grounds. According to economic principles, free trade and open market competition brings economic progress amongst the trading partners. As restrictions among the trading partners are lifted, manufacturers from around the world begin to invest in specialized industry e.g. production of navigation systems thus bringing competition on the U.S. soil. This would although bring in vast opportunities of technological advances in the country but at the same time would render the local manufacturing industry inept to provide support to the country at the time of need.
The Market Audit And Preliminary Marketing Plan Marketing Essay The market audit and preliminary marketing plan is prepared to inspect lunching the SOLO in Afghanistan. It has been based on the market analysis such as socio-cultural and economic analysis of Afghanistan and also, determines how to stable to launch the SOLO product, which is target market and how to be adapted to fit into Afghanistan market as well as determine the competitors. Based on this analysis, preliminary marketing plan has been prepared to determine the marketing mix. Firstly, the product, SOLO is a brand of a carbonated lemon-flavored soft drink. Sports drink is necessary in Afghanistan where dry desert are. The product may be accepted by some kinds of people, including young Afghans who have been affected by western culture, the foreign workers and the members of international military which stationed in Afghanistan. Solo as a new health soft drink will be known and chose. This soft drink (SOLO) will be sold in capital area at first. In this area, not only the people have stronger purchasing power, but also there are many foreign officers and businessmen working and living in capital area. In addition, this product will start out in the region of stress concentration of foreign companies, hotels, bars, famous restaurants then move to local retailers. This product will also be sold by other middlemen. Roshan Cola Company is a local Mineral Water and Carbonated Soft Drink manufacturer. We will corporation with Roshan then our product can use its marketing channels and share the market range. The competition of Afghanistans beverage market is not intense competition and our product can own a large market in Afghanistan, but still got many competitors such as Coca-Cola. The goal for SOLO is to entry into the Afghan several main cities, around capital city- Kabul to successfully enter the Afghan market, to achieve a 10% market share within the first step and to promote to a large consumer a taste of this product (Soft drink not only cola).This product will attract new customers (Foreigners and locals) for the soft drink. The target markets are the hot summertime cities and arid conditions, where Afghan people indicate a huge market for clean and refreshing non-alcoholic beverages (Non-drinker for religious reasons). Expected sales in 2010 will be approximately AU$ 80 million with increases expected. The first year is the repair year, due to the highest cost associated with setting up the requirements. Follow the sales operating and distribution systems start to work, in the following years, the profit expectations will be higher step by step. The product will be adapted to fit the market in Afghanistan. These adaptations include the packaging, bottling size, color and so on. We will sell paper cup and glass packaging in Afghanistan that does not sell in Australia to reduce cost and keep the price low. Advertising will be the first show in a new market and also the first choice for a company to communicate with potential customers. The main advertising plan is to use television, radio, internet, newspapers and billboards. The other way of TV advertisements is in a form of product placement. In addition, we will use two types of sales promotion which are trade sales promotion and consumer sales promotion. Moreover, we also use personal selling method and other promotional tools. Distribution will include transportation by shipping, flight and motor carrying from Perth to Kabul. The product will be sold in the outlet of Roshan Cola Company and variety of other retail outlets which is a local agent who is familiar with local conditions is very necessary to sales in Afghanistan such as hotels/ resorts, restaurants, convenience store and vending machine. Finally, pro forma financial statements and budget has been prepared to demonstrate its evaluated profits and sales with expenses in the first year to the fifth year. Profit expectation will be lower in the first year due to the highest costs with additional resources for set up. Over five years, profit and sales will significantly increase with reducing distribution costs. As a result, the launch of SOLO into the Afghanistan market has to be successful with better profit for the SOLO Company. Market Audit Introduction Following is the afghan socio-cultural and economic analysis. It may be helpful to solo entering the afghan market successfully. Socio-cultural analysis -Geography: Afghanistan is an inland country in Southwestern and borders with Pakistan, Tajikistan, Iran, Turkmenistan, Uzbekistan and China. It is dry to semiarid and cold in winter and hot in summer (Afghanistans web site [ACC], n.d.). Plateau and mountainous make up 2/3 of 647,500 sq km land. Moreover, there is a wide range of desert in this country (Saba Bakhter, 1997). -Education literacy rates: Afghans valued religious education instead of science, technology and literature studies in the past. At present, 54 thousand children are studying in school. However, there have been 11 million illiterates in Afghanistan (Qazi, 2008). -Health care: According to Blood (2001), there is a high mortality rate of infants and pregnant women. Moreover, the health of afghan children is threatened by the several of infectious and parasitic diseases. And still worse, the long war leads to the thousands of injuries and damages of medical facilities. On the other hand, many international organizations help Afghans improve the basic preventive and curative primary health services. -Political legal system: Afghanistan is an Islamic Republic, and the major constitution is established according to Islamic law. However, there is not a uniform legal system in Afghanistan because of the long war. (Lau, n.d.). -Language: Pashto and Dari are the major official languages of Afghanistan. In Afghanistan, 35% of people speak Pashto and 50% of people speak Dari. Moreover, Turkic languages, including Uzbek and Turkmen, are the main languages too in Afghanistan (Qazi, n.d.). Economic analysis -Population: An estimated data of the population of Afghanistan in 2003 is 23,897,000 and the annual growth rate of Afghan population is 3.88% between 2000 and 2005. However, these data is unsure because the long civil war leads to the large numbers of death and emigrants (Afghanistan-Population, n.d.). -Gross domestic product: Agriculture is the main revenue source. A large amount of food products, including corn, rice, barley, wheat, vegetables, fruits and nuts, offer the opportunities of export. In addition, the natural mineral has been the main economic pillar industries (Qazi, 2010). -Foreign investment: In present, only some companies are investing public transport and infrastructure, such as telecommunications, express delivery and aviation, because of the long war in Afghanistan (Herold, 2003). On the other hand, a trillion dollars worth of minerals, including copper, iron, chromium, magnesium, rubies, emeralds, lapis lazuli, nickel, mercury, gold, silver, lithium, and uranium, are found in Afghanistan in June 2010. In addition, many countries have been aware of the opportunity of investment in Afghanistan. (Haidari, 2010). -Trade restrictions: A highly differentiated import tariff regime has been the main trade restrictions in Afghanistan. Though the government of Afghanistan has made some measures, such as adjusting the tariff rates and decreasing the process of the import license applications, to improve trade policy and customs administration in recent years, some problems are affecting the trades: firstly, the shortcoming of government leads to the weakness of business environment; secondly, transport and other infrastructural constraint the trade; thirdly, the main support services, such as commercial insurance and freight forwarding are lacking; fourthly, government restraint against the use of foreign trucks; fifthly, the local authorities increase the fee of transport; and finally, some complex customs checks are frequently in some problematic border areas (Afghanistan: Trade Policy and Integration, 2010). The product Solo is a brand of a carbonated lemon-flavored soft drink. Schweppes Australia launched this soft drink as a sports drink in 1973. Schweppes Australia defines it as masculine drink and cooperates with AFL (Australia Football League) perennially. Moreover, it has had 6 variants: Regular Lemon, Lemon Lime, Solo Sub (no added sugar), Solo Strong, guarana and caffeine (Solo (soft drink), n.d.). Evaluation the product as an innovation Sports drink is necessary in Afghanistan where dry desert are. The product may be accepted by some kinds of people, including young Afghans who have been affected by western culture, the foreign workers and the members of international military which stationed in Afghanistan. Solo as a new health soft drink will be known and chose. Advantage Solo could help drinkers replenish lost water and energy after a lot of movement. It is health because the materials of solo are all natural and it do not include too much cocaine. In addition, different flavors of solo drinks are for different people and the cheaper price is the main reason of the choice of many people. Relative advantage Firstly, solo as a sports drink will be liked by the young Afghans who like sports. Moreover, it is a good choice for the workers in desert. Furthermore, the product from Australia should attract the international garrison, especially Australian soldiers. In addition, it is beneficial to Afghan government because import of solo could relieve water shortage. Compatibility Firstly, the sport enthusiasts and soldiers could accept solo quickly. Moreover, Afghanistan is a large drink market because of the lack of water. In addition, Coca-Cola and Pepsi have been known by Afghans and the soft drink market has been developing gradually. As a result, solo will have a favorable market prospect in Afghanistan. Major problems and resistances to product The flavor with little sour may be not liked by Afghans. Because of the different culture, Afghans might reject the products from western. As a result, Afghans could not accept the new comer western drink at the beginning. The price of solo might be not accepted by most of Afghans who have only low income. As a result, it becomes very important that company need to discuss with Afghan government to reduce the costs of transport and tariff. The market This soft drink (SOLO) will be sold in capital area at first. In this area, not only the people have stronger purchasing power, but also there are many foreign officers and businessmen working and living in capital area. According to Afghan economy position and internal transportation condition, this will slowly move into the general population in Afghanistan. Describe the market(s) in which the product is to be sold This soft drink will be served in Afghanistan capital area (tropical area and dry) where have more and more foreign officers and international businessmen entry Afghanistan, to implement post-war reconstruction and partake The UN economic aid program. Geographical region(s) -Capital city: Kabul (200, 0000 populations) -Paghman region: Paghman (15, 0000 populations) -Jalalabad region: Jalalabad (20, 5000 populations) Kabul province is made up of 14 districts; Paghman is a part of it. Jalalabad is a main city in Afghanistan Form of transportation and communication available in that region -In Kabul city: There is the nation biggest international airport in Kabul. The airport is connected to Kabul from a 4 lane highway. This airport has two main cargo airline operate by Emirates Sky Cargo and Etihad Crystal Cargo (operated by World Airways), communicate among Afghanistan, Dubai, Abu Dhabi and Sharjah. Follow by the post-war reconstruction; throughput will be expanded in 2011, which is when Ariana Afghan Airlines and Kam Air will receive their new airplanes. Trucks are the best choice to transport goods from airport to another district, or to the other cities of this area. In several years, Afghan government, with the help of foreign companies or organizations, has working on many of Kabuls roads. During the war, many Kabuls roads have been broken, but follow the attracted the attention of international society, Kabul gets more and more help from many countries to rebuild the highways and main roads in Kabul city. (xpatulator.com) -Paghman region: There is a popular place near Kabul, Paghman garden is the very famous place where people relax and spend weekends with families and friends. Paghman is a village used to be a royal garden. But now is open to the public. Because this area is so close to the Kabul city and also there is a holiday resort and beauty spot. The transportation is convenient; trucks can though this area and the roads condition can be accepted. -Jalalabad region: There is a very important place in Afghanistan, there is connected by roads with Kabul and Peshawar in Pakistan. There has highway between the city of Jalalabad and Kabul. All the trade between the two nations (Afghanistan and Pakistan) passes through this city. Highway transportation will be served in this area. All of the regions have highways linking the Kabul International Airport. Follow post-war reconstruction, get more and more help from developed countries to improve and maintain the road infrastructure. Currently, at least 22 Internet Service Providers giving their services in Afghanistan. (cia.gov) In 2007 there were at least 535000 users, mostly in the capital area. At the same time, Television and Radio are served in Afghanistan, they have English TV programs and English Radio programs and several different languages programs (Kabul Radio). The table shows internet users in Afghanistan around several years: (internetworldstats.com n.p 2010) Consumer buying habits Soft drink, especially soda drink is bought as a very famous recreational beverage in many years. Different cultures people have the same habit that drink the icy soda drink in summertime. The carbon dioxide in soda drink can bring out human body quantity heat by hiccup. Afghanistan is a four distinct seasons country, in summer there is hot and dry. Follow by post-war reconstruction many foreign officers and businessmen entry Afghanistan, drinking soda drink is in their culture. And this habit will affect local population in the years that followed. Almost Afghan are Muslim, they do not drink beer and alcohol. Soda will be the second welcome recreational beverage in their society behind tea drink. Product-use patterns -Foreigners: consume the product as part of the daily experience and holiday experience. Due to the locations and season chosen, the heat associated with these areas it will be used for cooling down and quenching consumers thirst. In Kabul area is hot in summer and owing to the geographic reason this area is dry. -Locals: consume the product as part of the holiday experience. Due to the religion reason almost Afghan do not drink beer and alcohol drink. The product can be as a recreational beverage into their culture and also can be consumed any day or on special occasions. Product feature preferences This preference in Afghanistan for can and small bottom also can be in glass bottom in some cases to reduce cost. The 6 cans package and 24 cans box will be sold in supermarket and other retailers shop. Soda drink can be bought for storage at home or in offices. For convenience stores, glass bottom and paper cup will be welcomed because the price will be lower. Shopping habits Foreigners who come from China, America and Europe would most likely buy the product for work or outdoor activities that are chilled for drinking in offices or during hikes to somewhere. The product will be for cooling down and relaxing on their free time. Locals will buy chilled packs for cooling down or later consumption with dinner. Convenience stores or supermarket will be the most likely place they could buy the soft drink. Festivals and family parties will increase consumption of the product. Distribution of the product Owing to the natural of the dissemination from foreigners to locals this product will start out in the region of stress concentration of foreign companies, hotels, bars, famous restaurants then move to local retailers. Typical retail outlets Types: Plans: Hotels Bars Beginning: Will sell in main hotels and bars, where foreigners usually stay. Glass bottom and can package will be sold. Supermarkets retailers Second wave: Will sell 6 cans package and 24 cans packages in local supermarkets, for foreigners and locals later consumption. Convenience stores and kiosks Expanding to the local market and demand pulls the product through the channel, it is long range plan. Vending machines A part of second wave, main put in expatriates communities and foreign offices. Airports and train stations Target for the tourists (both foreign and local). Service stations in scenic spots as well. Product sales by other middlemen Roshan Cola Company is a local Mineral Water and Carbonated Soft Drink manufacturer. We will corporation with Roshan then our product can use its marketing channels and share the market range. Due to Roshan Company is from Afghanistan, it deeply understands the local market and we will provide more competitive ability products. (alibaba.com) Advertising and promotion Advertising media usually used to reach your target market(s) Will be used television advertising on local TV channels both in local language channels and English channels will be painted in conjunction billboards by side of highway and on the side of houses. In some areas, taxi advertising will be used too. Sales promotions customarily used Sampling and discount are the main types used in soft drink industry. Pricing strategy Customer mark-ups The Afghan inflation rate (consumer prices) is 20.7% in 2008 and 30.5% in 2009. (cia.gov) Types of discounts available Discounts can be as high as 10% in summer and as high as 15% in winter, depends on different season. Compare and contrast your product and the competitions product(s) Competitors products Brand name The competition of Afghanistans beverage market is not intense competition. Our product can own a large market in Afghanistan, but still got many competitors. Such as Coca-Cola, Coca-cola is the most famous beverage company in the world. In 2005, Coca-cola came back to Afghanistan beverage market, and it cooperation with Habib Gulzar Non-Alcoholic Beverages Firm. Coca-cola became to domestic product. Features Coca-Cola is carbonic acid beverage as same as our product, but it is different taste and different area. Afghanistan is a large market. Different customers have different habits. Our products can be chosen by different people, although Solo and Coca-Cola are competitors. Package Coca-Cola got two types package, such as Pop Can and Plastic bottle. Also it got 375ML, 2Lites and 500ML for capacity. When Coca-Cola back to Afghanistan, it wrote: Coca-Cola back to Afghanistan. in 2005. Competitors prices Before 2005, Afghanistan sold Coca-Cola were import from Iran and Pakistan. At that time, the price of Coca-cola is 0.4 USD, but when Coca-Cola produced in domestic. The price decrease to 0.2 USD to sale in Afghanistan. Competitors promotion and advertising methods Coca-cola Company is a large company around the world. They used their forces to impact customers. Beverage companies always use TV, radio and internet advertising to advertise their products. It was so famous when Coca-Cola back to Afghanistan. Media support also a important way to improve brand force. That will lead people to choose which beverage to drink. Competitors distribution channels Coca-colas distribution channel is use every retail shop and supermarket to selling their product, because Coca-cola is a famous company in the world. Most of shops and supermarkets are willing to sell it. Vending machine is also another distribution channels, also include hotel and bars. Market size Estimated industry sales for the planning year The Afghanistan beverage market has been steadily growing over the last fewer years. Before Coca-cola company moving in to Afghanistan. Afghanistan already had a large population like drink beverages. Afghanistan has 33million population, most of goods need import from other countries include beverage, so build a factory and sell it domestic is the best way to selling our product. Estimated sales for your company for the planning year Compare with the Coca-Cola company sale their product. They planned 4 million boxes to sale in each year. We cannot sale so many like Coca-Cola Company, but as we think 1 million boxes in each year is the first target. In the follow years each year increase 10% until as same as Coca-cola. Government participation in the marketplace Agencies that can help you Assistance with launching the Solo beverage brand in Afghanistan may be sought from some of the following agencies: Embassy of Afghanistan Ministry of Commerce Industries (MoCI) Ministry of Finance (MoF) Afghan Customs Department (Division of MoF) Afghanistan Reconstruction and Development Service (ARDS) Department of Commerce Afghanistan Investment Reconstruction Task Force Department of State Bureau of Economic and Business Affairs, Afghan Desk Department of State United States Agency for International Development (USAID) Overseas Private Investment Corporation (OPIC) Australian Embassy (http://www.embassyofafghanistan.org/documents/BusinessandInvestmentResourceGuide-Jan012009.pdf) Regulation you must follow Our company must follow Government Policy. Customs brokers must be employed to process any products imported into Afghanistan and are to submit an Import Declaration to Customs. The importer needs to be registered on the Treasury Ministrys National Importers Registry and in the case of beverages; importers must also be registered on the Registry of Importers in Specific Sectors and the Federal Taxpayers. Taxes also need to submit to government. Preliminary Marketing Plan The marketing plan In todays Afghanistan, consumer demand will remain unfulfilled, as available imports are often of expensive, poor quality, or both. Simplex product form will remain unfulfilled Afghan consumers at all. The market for soft drink is exceptionally large in capital city area of approximately 380,000 people, where temperatures can often over 40C in the summertime. Marketing objectives The goal for SOLO is to entry into the Afghan several main cities, around capital city- Kabul. This product will attract new customers (Foreigners and locals) for the soft drink. To successfully enter the Afghan market To achieve a 10% market share within the first step To promote to a large consumer a taste of this product (Soft drink not only cola) Target market(s) (specific description of the market) The target markets are the hot summertime cities and arid conditions, where Afghan people indicate a huge market for clean and refreshing non-alcoholic beverages (Non-drinker for religious reasons). Expected sales year 2010-2015 Expected sales in 2010 will be approximately AU$ 80 million with increases expected. Follow the first couple of years when it finds its place in Afghanistan, for instance, consumers begin to know this brand and fall in love with the taste, through the product advertising. Expected sales for the first five years are as the table: Year Sales in AU dollar 2010 80 million 2011 120 million 2012 200 million 2013 240 million 2014 280 million Profit expectations year 2010-2014 The first year profit expectations will be lowest; the first year is the repair year, due to the highest cost associated with setting up the requirements. Follow the sales operating and distribution systems start to work, in the following years, the profit expectations will be higher step by step. Years Profit in AU dollar 2010 3.8 million 2011 28million 2012 42 million 2013 56 million 2014 70 million Market penetration and coverage The capital city-Kabul will be targeted heavily, owing to its position and population and foreigners collection location. At the same time, there is resort area that attracts local and tourists. Product adaptation or modification The product will be adapted to fit the market in Afghanistan. These adaptations include the packaging, bottling size, color and so on. We will sell paper cup and glass packaging in Afghanistan that does not sell in Australia to reduce cost and keep the price low. The smaller bottling size is a great size for the forgeries and locals for lunch or dinner, and also for outdoor activities, easy to carry. Core component The core component of SOLO is soda, sugar and fruit flavors. There are 4 variants of this product: original lemon, lemon lime, solo strong and solo sub (sugar free). The latest addition is solo strong and also, it is energy drink which contains guarana and caffeine. This variant is to fit in with male consumers who like energy drink. In the other hand SOLO SUB is to fit in female consumers who do not like sugar. Packing component The products label must have the following information, both in Afghan and English: Brand name of the product Type of product (carbonated beverage/energy drink/Moslem drink) Country of origin Company name and address Company Slogan Nutrition information table (especially alcohol-free) Short introduction of Company Net content Support services component We will set a support service line in the form of an 1800 number (Toll-free telephone number) for consumers. At the same time, our home page (Afghan) will create an area for consumers feedback with any problems or advices. The number and web address will be clearly identified on the packaging. Promotion mix Advertising Advertising will be the first show in a new market and also the first choice for a company to communicate with potential customers. Advertising can send the information quickly to the audiences and has a huge reach. It always accesses the mass media and makes affection in short time. Advertising can develop market and reinforces the brand and helps us sells our products. The main advertising plan is to use television, radio, internet, newspapers and billboards. After economic analysis and research, television is the highest used media in Afghanistan. Not like internet, on TV set can be watched by one person or whole families. The number of the audiences can be huge and the affection will be deeply. The other way of TV advertisements is in a form of product placement. Placing the product advertisements before or behind the news or others TV programs (sports or cartoon) will increase the reach for our product. Game on is the theme for SOLOs advertisements, it is a free lifestyle, to educate the target market on happiness and passion. The other form of advertising used will be billboards. There is a great form of outdoor advertising which is use a painting on building envelopes and beside the freeways where they command high-density consumer exposure. The radio advertising is a form of advertising via radio. Local radios in Afghanistan have big range of audiences, both foreigners and locals (Radios have English programs). The newspaper and magazine advertisements will be a continuation of the television and radio advertisements using pictures. The internet advertisements as well to put in this market by the follow step. Objectives To let consumers (foreigners who are not Australian and locals) understanding our product and fall in love with it (Taste and this lifestyle). To make an impact in the target market in those cities we have chosen to promote SOLO, using different media. Not only promote the product but also promote the Australian lifestyle- Game on (happiness and passion, especially for locals). Media mix First step we will use TV advertisements to open the market, make consumers to know us. Radio and billboards are the second step to make consumers understand what we provide that not only just soft drink but also a lifestyle. Internet is the auxiliary channel to expand the market range. Four different media will work together. Message The information will send to consumers clearly. We promote a lifestyle which called Game on. Let consumers feel happy and fill with passion. Sales promotions There are two types of sales promotions: Trade sales promotion and consumer sales promotion. Trade sales promotion is known to push the products through the retailers, induce retailers into stocking and supporting certain products. Consumer sales promotion attempts to pull a response from consumers give directly to consumers to encourage them into action. The trade sales promotion strategy to the selected outlets will include discounts and surrender part of the profits. In another way, push strategy used will be for staff of retailers to give them push money for not only stocking products but also supporting them. The consumer sales promotion strategy includes many tactics to induce purchasing of SOLO. The first tactic will be to sell the soft drink in glass bottle and in paper cup. This will be a popular style to sell SOLO in Afghanistan, because these packaging will reduce the cost and keep our price always lower and it is a good packaging for lunch or dinner. The second tactic is to run a redemption game is called Kick the can! The game will enable player to win an I-pod and we will put the competition show on our official website. The players have an opportunity is watched by the whole world. Objectives A push strategy to retailers by surrender part of the profits. A pull strategy to promote to new customers of offering a redemption game. Personal selling Personal selling is the face- to- face promotion of the products to the customers by agents, store employees, assistants and relations officers. It can be effective because of the persuasiveness of the sales staff that has the ability to inform a customers decision. The personal selling can be in a way by local boys who wear the sportswear (yellow jersey) to promote SOLO. Looking like the sports star in the commercials and newspaper advertisement to provide taste testing and distribute the circular. Other promotional tools The current