Monday, December 23, 2019
Antigone English paper pdf - 1196 Words
Pearce 1 Camille Pearce Ms. Kettle IB English Period D 12 October 2014 Antigone; A Martyr Who Dies for the Wrong Reasons Pearce 2 Antigone as a strong and determined tragic hero who presents herself as a powerful woman who will not be defined by a man. Antigone is steadfast in her decision to disobey the law and bury her brother and dose not hesitate to take fully responsibility for her actions even if it means death. Unfortunately, Antigone does not consider the effect her death will have on her family and friends. She is confident and prideful and will not allow anyone to ââ¬Å"lessenâ⬠her death. Finally, Antigone feels she has a duty as a woman to stand up against Creon and to define herself by her actions not by her gender. Antigoneâ⬠¦show more contentâ⬠¦Antigone has feministic views and will not let herself be defined by a man. She wants to be defined and remembered by her heroic actions. She is unlike woman in her time because she is confident and sees herself equal to men. Her sister, Ismene, is a stereotypical woman of this time. She believes woman should subject themselves to the will of man and that woman are too weak to stand up to a man. Sadly, woman during this time are looked at and treated like minorities who have a fraction of the power men do. Antigone sacrifices her own life trying to stand up to this society of men in which she is trapped. Creon disapproves of her rare confidence, and sees woman as silly, weak and emotional beings who are inferior to men, but this only fuels Antigone to defy him more. Antigoneââ¬â¢s sister, Ismene, refuses help her bury their brother because she is afraid of the consequences. She also does not believe woman can stand up to men or the state. Antigone is not afraid to stand up to the Creon or the state. She believes their brother has the right to an afterlife and Creon does not have the authority to take that away, only the gods do. She says, ââ¬Å"Creon is not strong enough to stand in my way.â⬠(Antigone 191) Her pride and her belief in the rights of woman empower her to stand up for her individual beliefs and oppose the decree of the state. Her love for Polyneices may seem like the reason for her defiance of the state, but in
Sunday, December 15, 2019
Kampradââ¬â¢s Resourcefulness Ikea Free Essays
1. Kampradââ¬â¢s careful stewardship of resources exemplifies his abilities as a manager. By practicing frugalness and economy, he was able to maximize profits by keeping costs low while also being able to continually innovate his growing company. We will write a custom essay sample on Kampradââ¬â¢s Resourcefulness: Ikea or any similar topic only for you Order Now While to some he may appear frugal, he has created a nest egg for economic downturn and well as creating a strong ethic of financial stewardship within his organization. Planning and problem solving became both the framework for IKEA and its source for innovation. As a leader, Kamprad again instilled his own personal values into every fiber of IKEA. Effective cost cutting, hard work, and dedication. Aside from just cutting costs however, being influenced by the Bauhaus movement he also wanted to combine cost saving with a sense of style. (Chaundey, 2000) In addition, the welfare of his employees has been a main concern. (Nelson and Quick, 2011) I believe that Kamprad was (and is) a strong leader and manager for IKEA, and I believe that these principles will be carried on in his sons to future success in the marketplace. 2. The followership of employees within IKEA can be directly linked to the Leadership Grid in Fig. 12. 1. (Nelson and Quick, 2011) From the structure of the grid, Kamprad would be a 9,9. Kampradââ¬â¢s leadership style calls upon and motivates the team members within the company to take initiative and a personal stake in the company. They are hiring not just into a job but into a lifestyle and way of thinking. The combination of careful stewardship with concern for employee welfare creates an environment that gives employees both a responsibility and a sense of community. Etzioni, 1960) Thus IKEA employees are empowered and feel like they are part of something. In this way IKEA ends up with a staff of active independent, critical thinking individuals. (Nelson and Quick, 2011) This overall will drive employees to greater creativity and productivity for the company they care for and cares for them. 3. The case does not give specifics about Kampradââ¬â¢s actions as a transactional lea der, although the narrative would lead one to believe that they style would be uncharacteristic of him. Although Kampradââ¬â¢s traits as a transformational leader are unquestionable. Kamprad has given employees not just a goal but a way of living. (Davis, 2006) Kamprad himself dresses simply, eats at cheap restaurants and flies economy class. (Chaundey, 2000) Kamprad innovated and redefined ways of doing business repeatedly throughout his tenure as CEO of IKEA. From the mission statement of ââ¬Ëcreate a better everyday life for the many peopleââ¬â¢, IKEA has been built upon a pioneering spirit. (Gowan, 2009) By designed a business plan that allowed IKEA to work directly between manufacturers and customers to keep costs low. ibid. ) By designing the flat boxes and shipping furniture to customers that they assembled themselves, Kamprad has been able to keep cost down. It is these business techniques along with his uncompromising ethics that he has instilled into the company and led it to greatness. Kampradââ¬â¢s charisma is a quiet sort largely involving a ââ¬Ëlead by exampleââ¬â¢ technique. Employees are drawn to Kamprad because of his strong ethics and personal adherence to them. Kampradââ¬â¢s philosophy is not just words at board meetings but the way he lives his life. This gives employees a stronger sense of connection with the boss, as he is still very close to his modest roots. The lack of title and privilege within IKEA also reinforces this. (Davis, 2006) References Chaundy, Bob (2000) IKEAââ¬â¢s self-assembled billionaire. BBC News. July 28, 2000 Retrieved from news. bbc. co. uk Davis, Paul (2006) Billionaire Attributes ââ¬â Modesty: Ingvar Kamprad, Ikeaââ¬â¢s Founder and Owner. Retrieved from ezinearticles. com Etzioni, Amitai (1960) Two Approaches to Organizational Analysis: A Critique and a Suggestion. Administrative Science Quarterly, Vol. 5, No. 2 Gawor, Katarzyna; Halasova, Sona; Polzin, Friedemann (2009) International Business Strategy of IKEA ââ¬â Activities of the Multinational Furniture Retailer. University of Economics Bratislava Nelson, D. Quick, J. (2011). Organizational Behavior: Science, the RealWorld, and You. (7th Ed. ) Mason, OH: South Western. Cengage Learning. Etzioni, Amitai (1960) Two Approaches to Organizational Analysis: A Critique and a Suggestion. Administrative Science Quarterly, Vol. 5, No. 2 Retrieved from www. amitaietzioni. org How to cite Kampradââ¬â¢s Resourcefulness: Ikea, Papers
Saturday, December 7, 2019
Law of Business Association
Question: Discuss about the Law of Business Association. Answer: Introduction: The directors of a company are selected according to the provisions of the Corporation Act 2001. They are in-charge of the management affairs of the company. Section 183 of the Corporation Act 2001, is one of the most important section of the said Act. According to section 183(1) of the Corporation Act 2001, any person who is said to be a director or already have been a director or any other officer of a company, should not bring into service any information in a wrong or inappropriate way, or make any profit neither for himself nor for any other person, in connection with the affairs of the company, or cause any misfeasance. This duty continues even if the person concerned is no longer a director or any other officer of the company. In subsection (2) sec.183, it is mentioned therein that if any person involved in any act contrary to subsection (1), contravenes this section. The word involved has been defined in sec.79 of the Act. It says that any person who has abetted the contraven tion, or intentionally given his concern or has done a conspiracy is said to have been involved in contravention. Preliminary issues The person/s must be a director, officer or an employee of a company in order to breach sec.183. For this, it is necessary to understand the definition of director as well as officer, which is given in section 9 of the Corporation Act 2001. A Director means any person who is occupying the position of the director, or a person is appointed to be an alternate director, who will act accordingly. In absence of any contrary opinion, a person who is not an appropriate director, can work beings in the position of a director or the present director/s can act or work according to the persons instructions. An officer is a person who is a director or secretary of a corporation, or a person who actively takes part in making active decision that effect the whole or larger part of the business of the corporation, or a liquidator, trustee or administrator of the corporation. Dr. Dawes, though after his formal resignation by declaring himself to be bankrupt from the GML continues working in the said company and draws fees as a Consultant Director with the permission as well as consent of the other board members. Therefore, he is considered to be a valid director of the company. Mr. Foster cannot be considered as a director as he has resigned from his position of being a director of GML after the board meeting where the proposal of buying shares of MMM was discussed by Mr. Boon, in order to join an executive board position as CFO with Queensland Equity Capital Group Ltd (QECG). Mr. Huckenfusser has been working in GML for five years as an Audio Visual Technician. His work or duty is to assist with board meetings to show any kind of presentation to the board. He is an active employee of the GML but not a director. Mrs. Duck, being sister-in-law of Mr. Huckenfusser is neither an employee of the company nor a director of the said company. Possible breaches of the Corporation Act There are certain ingredients of s 183 which needs to be proved in order to see whether there has been a breach of the said section. These ingredients have been referred in the decision in Commissioner for Corporate Affairs v Green [1978]. The ingredients are: the person concerned at the relevant time was an officer of the corporation, the person must be having proper information, the information he got was by virtue of his position, the person has made an improper use of the information in order to gain direct or indirect advantage, the gain made was either for himself or for any other person, and the improper use of the information leads to loss or damage to the corporation. Dr Dawes was holding a position of a Consultant Director after his resignation as the other board members does not want to lose his expert mineralogical knowledge. He after attending the board meeting on 2nd April 2016 where Mr.Boon has discussed about the shares of MMM, asked his wife to buy the shares of MMM in her name without giving any proper reason. And she purchased 20,000 shares @ $5.00 per share. On 6th June after the board meeting, he asked his wife to sell the shares @ 12.70 per share. He made a secret profit for his wife which also leads to an indirect gain for him. Mr. Foster has attended the meeting on 2nd April 2016 and on 30th April 2016 he gave a resignation from his position as a director of the said company to join QECG as CFO. The first recommendation he gave to his new employer is to buy shares of MMM. QECG immediately bought 40,000 shares @ $4.70. Here, Mr. Foster has used the information which he has got by virtue of his position in an improper way to gain profit or advantage directly. Mr. Huckenfusser who is working as an Audio Visual Technician is an employee of GML. He was also present during the meeting on 2nd April in order to do his duty of assisting the board meeting with Mr. Boon. He also has the knowledge about the shares of MMM. He in order to get relief from his own personal debts of $ 5000, has given the information of the shares of MMM to Mrs. Duck, who is the sister-in-law of Mr. Huckenfusser and said that she will forgive his debts for any useful information and was also persistently asking him about stock information. Mrs. Duck bought 5000 shares @ $5.20 on 15th may. Mr.Huckenfusser being an employee of the company shared information for his personal advantage. Mrs. Duck sold the shares on 6th June @ $12.05 making a profit. On 12th June in a meeting, Mr. Boon suggested that the time is not suitable to continue with the MMM purchase and the board resolved to end the matter and make no bid announcement to the exchange. By 30th June MMM were trading at $3.20. This leads to huge loss for the company which has been caused by the director or employees of the company itself. Therefore, these are the breaches of s 183 of the Corporation Act. Defence According to sec.1317S, the court if thinks fit may give relief to the person from the liability if the court thinks that the person has done the work with honesty with respect to the position and considering all the circumstances of the case including those which is connected with the persons appointment, the person ought to be fairly grant exemption. It is very hard to define or prove honesty by any test because the onus of honesty is based on perception of quality which differs in each case, Maelor Jones Investments (Noarlunga) Pty Ltd. V Heywood-Smith. Whether the contravention made by the officer leads to any personal benefit to the person from the transaction is a relevant consideration in determining the relief ought fairly given, Australian Securities and Investment Commission V Manito Pty Ltd. It is very necessary to understand and consider the way the breach has taken place. Commonwealth Bank of Australia V Friedrich. Dr Dawes though continues to work as a consultant director, he did not work honestly. But still will be excused from civil penalty provisions as he himself did not buy any shares of MMM rather his wife Ms Dawes did and he acted in accordance with the scope of his employment or position. Mr. Foster is no longer a director of GML and is now working with QECG. So Mr. Foster is also exempted from the civil penalty provisions. Mr. Huckenfusser being an employee of GML has not acted honestly. But he may get relief from civil penalty service as he has given general information about the shares to Mrs. Duck in order to get relief from his own personal debts. Remedies In section 1317S it has been clearly mentioned that it applies only to eligible proceedings and not on the commencement of the offence. The court may grant relief to the aggrieved person wholly or partially from the liability. If the person concerned anticipates that an eligible proceeding may or will begin against him, he may apply before the court for the grant of relief. Conclusion From the whole discussion, it becomes clear that there have been breaches of section 183 of the Corporation Act. All the three persons, viz., Dr Dawes, Mr. Foster and Mr. Huckenfusser are an active director, resigned from the position of a director and an employee respectively of the said company GML. These persons being an officer or employee of the company have acted in contrary to the subsection (1) of sec.183 which leads to breach of the said section. No breach of sec.183 has been done by Mrs. Duck, as she is neither an employee of the company nor an officer.
Saturday, November 30, 2019
Ja-sin-gam in Kimchi soup free essay sample
Raindrops falling from the eaves catch the yellow beams of the street light. As they drip onto the window frame, drops of gold scatter and sprinkle into the darkness. Drip-drop, drip-drop, drip-drop. I cautiously stretched my arm outside the window, touching the fresh and cool drops of rain. It was silent except for the rhythmic drip-drop of falling rain on my hand. But the solitude was broken, as my mother knocked on my door. ââ¬Å"Min-Kyung, itââ¬â¢s time to go. Donââ¬â¢t forget to bring your umbrella.â⬠It is the season when rain endlessly pours on the earth. It is also the season when my grandmother told me stories on the bamboo floor, sitting with her legs tucked beneath her and with my head in her lap. And, today is exactly eight years after I overcame from mental break after my grand motherââ¬â¢s death. ââ¬Å"Min-Kyung, this year, you take care of your grandmotherââ¬â¢s portrait until we arrive at your grandmotherââ¬â¢s grave,â⬠my father said. We will write a custom essay sample on Ja-sin-gam in Kimchi soup or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I held the bottom edge of a picture frame. Her portrait photograph was white-and-black, yellowish at the edge, smelling like her cheap potpourri. My grandmother was a typical Korean grandmother, who cooked a great Kim chi soup for her familyââ¬â¢s morning meal, who sewed up the holes in her childrenââ¬â¢s clothes by hand, who loved to tell stories to her granddaughter, who always stand next for me. No one would imagine she was one of the very few Korean women who graduated from a college during the Japanese occupation. No one would imagine she was the old pharmacist offering free medicines to orphanages when everybody in my country suffered for lack of medical supplies in the 1960s. When I was seven years old, I had a fist fight with my kindergarten classmate; he mocked me because I could not do even simple addition in math. Three feet, nine inches tall, bleeding on my leg, I was filled with anger and asked my grandmother to punish my classmate for me. But my grandmother sat down gently, adjusting her eye level to my eye level. She patted my disheveled black hair and said, ââ¬Å"Min-Kyung, try to win over yourself, not win over other people. It is important to have ja-sin-gam, a strong confidence in yourself. Do not let other people discourage you.â⬠I could not understand her; I felt betrayed. I placed my grandmotherââ¬â¢s portrait in front of her grave. In the wind and rain, I could smell the familiar odors of wet trees mixed with old potpourri. I cannot listen to my grandmotherââ¬â¢s stories with my head lying in her lap on rainy days anymore. But I can still hear the rhythm of raindrops dripping on the bamboo floor. I can still smell the odor of soaked bamboo after rain. And now, at last, I can understand what she told me eleven years ago. Ja-sin-gam compels me forward.
Monday, November 25, 2019
Free Essays on Lloyd George
What were the aims of David Lloyd Georgeââ¬â¢s social reforms in the Edwardian period? Britain in the late nineteenth century was a world leading economic and military power. Although it was becoming more apparent that it was not going to remain a leading world power, if the massive social problems facing much of the country were not addressed. Problems such as poverty, unemployment, health care and education. Seebohm Rowntree had highlighted the extent and cause of these social problems through his extensive investigations and publication of, Poverty, a study of Town Life in 1901. ââ¬Å"Throughout the eighties and nineties, at an increasing rate, the nationââ¬â¢s awareness of what was comprehensively called ââ¬Ëthe social problemââ¬â¢ had grown in width and depth.â⬠It was quite clear by the time Lloyd George was promoted to Chancellor of the Exchequer in 1906 that there was a need for new priorities in the Liberals policies and he believed that they lay in social reforms. ââ¬Å"He was mainly seeking all party support for a program of domestic social reform to tackle housing, health insurance, unemployment, education, the poor law, alcohol abuse and agriculture.â⬠. Lloyd George knew that in order for the Liberal party to continue in its popularity it needed the support of the working classes. It was the working classes who would benefit directly from social reforms and so bring about support for the party and for Lloyd George. The massive need for social reform was also fueled by the fact that Britain was as an industrial power falling behind other world powers such as Germany and the United States. ââ¬Å"Some employers became aware that the efficiency of the workforce could be increased not only by capital investmentâ⬠¦but also by improving the efficiency of human capital, i.e. by Improving working conditions and providing welfare benefits for workersâ⬠¦Ã¢â¬ . It was time for the government to step in and attempt to pull Br... Free Essays on Lloyd George Free Essays on Lloyd George What were the aims of David Lloyd Georgeââ¬â¢s social reforms in the Edwardian period? Britain in the late nineteenth century was a world leading economic and military power. Although it was becoming more apparent that it was not going to remain a leading world power, if the massive social problems facing much of the country were not addressed. Problems such as poverty, unemployment, health care and education. Seebohm Rowntree had highlighted the extent and cause of these social problems through his extensive investigations and publication of, Poverty, a study of Town Life in 1901. ââ¬Å"Throughout the eighties and nineties, at an increasing rate, the nationââ¬â¢s awareness of what was comprehensively called ââ¬Ëthe social problemââ¬â¢ had grown in width and depth.â⬠It was quite clear by the time Lloyd George was promoted to Chancellor of the Exchequer in 1906 that there was a need for new priorities in the Liberals policies and he believed that they lay in social reforms. ââ¬Å"He was mainly seeking all party support for a program of domestic social reform to tackle housing, health insurance, unemployment, education, the poor law, alcohol abuse and agriculture.â⬠. Lloyd George knew that in order for the Liberal party to continue in its popularity it needed the support of the working classes. It was the working classes who would benefit directly from social reforms and so bring about support for the party and for Lloyd George. The massive need for social reform was also fueled by the fact that Britain was as an industrial power falling behind other world powers such as Germany and the United States. ââ¬Å"Some employers became aware that the efficiency of the workforce could be increased not only by capital investmentâ⬠¦but also by improving the efficiency of human capital, i.e. by Improving working conditions and providing welfare benefits for workersâ⬠¦Ã¢â¬ . It was time for the government to step in and attempt to pull Br...
Friday, November 22, 2019
Analysing Homelessness In Australia
Analysing Homelessness In Australia Over the past few decades, mechanisms of social exclusion and social control have made it increasingly hard for Australiaââ¬â¢s homeless. Many texts discuss the issue of defining homelessness and it is now widely accepted there are several different kinds. Here, I will be talking primarily about Primary homelessness, which is also known as ââ¬Ësleeping roughââ¬â¢, where people sleep in cars, parks or other public spaces (Which Way Home? 2008: 18). On average around 105,000 people are homeless in Australia each night and around 15% of these are rough sleeper (The Road Home 2008: 3). The majority of homeless people list financial difficulty, domestic violence, family breakdown or substance abuse as the main causes of their homeless status (Which Way Home? 2008: 20). Homelessness remains a particular problem among Australiaââ¬â¢s Indigenous people, who are over represented in their use of homeless services in all states and territories (Which Way Home? 2008: 20). While home lessness itself is not illegal in Australia, many acts committed by the homeless are, such as public urination, public drunkenness and the possession of illegal drugs. Criminalization of the homeless occurs because these people lack the private space in which to engage in these behaviours. Governments assume that by removing the homeless from public spaces that they are reducing crime and creating safe streets for the law abiding public. However, as illustrated above, the crimes the homeless commit do not generally hurt others or damage property. They are breaking specific laws that have been created by the government which are enforced to exclude certain groups of society from specific public spaces, notably the spaces that the wealthy inhabit. Criminalizing the homeless for behavior that is unavoidable in their situation is not simply poor public policy; it also places unnecessary stress on the criminal justice system. Criminalizing the homeless also leaves the law enforcement off icials to deal with related issues, such as issues such as mental illness and alcoholism (citation). Alcoholism is an issue that is common among the homeless population and it is a condition that often intensifies as a result of being homeless. Criminalizing the homeless for being drunk on the streets does not treat the problem, nor does it assist the police in ââ¬Ëcleaning up the streetsââ¬â¢. It is often found is that homeless alcoholics use rehabilitation centreââ¬â¢s as shelter services, but have little intention of treating their addiction (Wilhite 1992: 190). This indicates that the provision of suitable housing is a prerequisite to treating alcoholism. Once suitably housed, alcoholics have an increased chance of using alcohol rehabilitation services effectively. However, as suitable housing becomes increasingly scarce, the homeless are released from the justice system and back on to the street, where the cycle is then repeated. Homelessness has also increased signifi cantly among the mentally ill in recent decades. This has been attributed to discontinuity in mental health services where individuals are transferred from an institutional to community living (Conover et al. 1997: 256). This burden of care has shifted from mental hospitals to the community; however, development of housing and community services has not kept up with the demand (Greenblatt 1992: 49). The outcome here is that many of Australiaââ¬â¢s mentally ill have ended up are end up on the streets and are criminalized for behaviourââ¬â¢s that are symptoms of their illness. Once again, nobody benefits from the existing system. Our mentally ill are left untreated and our criminal justice system gets increasingly clogged with cases of minor offences that have harmed no one.
Wednesday, November 20, 2019
Role of the U.S. President Franklin Delano Roosevelt on America and Essay - 1
Role of the U.S. President Franklin Delano Roosevelt on America and the World - Essay Example This paper illustrates that Franklin Delano Roosevelt had a very long presidency, lasting three terms, which is unusual since American presidents normally only have one or two terms.à He belonged to the Democrat party and introduced many reforms to include the famous ââ¬Å"New Dealâ⬠which aimed to get people back to work after the Depression. In his work abroad he was respected for his diplomacy and he certainly is responsible for helping to bring the Second World War to an end. Franklin Delano Roosevelt, as his family name suggests, belonged to a family of Dutch descent. They traced their roots back to the early settlers of America in the region in and around New York and to a Dutch farmer called Nicholas Claes Martenzen von Rosenvelt who came from Holland right at the beginning of the settlement period, in the early 1600s. Franklin D. Rooseveltââ¬â¢s parents were wealthy and they lived in the upper-class Hudson River area. Both James Franklin and Sara Delano had inheri ted money and a good education from their parents and the young Franklin grew up in a happy home, very much loved especially by his mother who was much younger than her husband. After homeschooling by a series of governesses until the age of 14, Roosevelt attended Groton, a private educational establishment led by the schoolââ¬â¢s founder, Endicott Peabody. This was a very privileged schooling: ââ¬Å"At a time when most educational reformers stressed democracy and equal access to schools, Peabody attempted to build a school where the ââ¬Ëbest familiesââ¬â¢ of New England would send their sons to prepare them for future positions of leadership.â⬠In some ways, this background excluded the young Roosevelt from the hardships that other people suffered, such as poverty and exclusion from the good things in life, but on the other hand, the Christian morals and hard-working ethic of Peabodyââ¬â¢s school gave him a good moral basis for his future life. Having an educated mother who spoke several languages also allowed the young Franklin D. Roosevelt to develop an awareness and understanding of other countries which would come in very useful during his later career.
Tuesday, November 19, 2019
Economics in one lesson Essay Example | Topics and Well Written Essays - 1250 words
Economics in one lesson - Essay Example He argues that, the art of economics involves analyzing primary and secondary effects these policies to all groups. The book discusses in details several fallacies such as high taxes, evils that take place in the public projects, minimum wage rate, effects of bailout, price control, tariffs on imports, rent control, trade union activities, regulations and economic effects of government actions. Parity pricing, disbanding a large number of troops, commodity stabilization and inflation are fallacies that are not given much weight but are included in this book. Hazlitt does not object public program spending but rejects the use of public projects as a plan of injecting money into the economy. He argues that public projects should be justified based on their importance to the economy. Money outsourced from the private sector by the government in the form of taxes is used to fund public projects. Using the bridge example, Hazlitt argues that creating a job in the public sector kills another job in the private sector. In such projects there are things which are not permitted to come into existence. In paragraph 3 of this book, Hazlitt argues that, the secondary effect on public projects is in the form of how money used to fund these projects is diverted to other areas. Unfortunately, such news most likely will not be reported on considering the kind of news that are being aired nowadays. Government never does as well in making loans as the private sector does. This is because people tend to be more careful with their own money (Hazlitt. Para8). Unfortunately, most of the time this fact is always hidden because bad loans made by the government are hidden in most federal spending. On the other hand, when banks collapse due to bad loans, it is announced all over the news. Political considerations further hide the bad loans as a result of government lending. This
Saturday, November 16, 2019
What do you see as Dickens social aims Essay Example for Free
What do you see as Dickens social aims Essay This is when the ghost is hinting at Scrooges living relative that Scrooge should also show love to. Scrooge then becomes uneasy and Dickens using a style of writing known as Stichomythic this is due to the shortness of Scrooges reply because he is thinking of how he has mistreated his nephew. You can see changes of Scrooge during this scene as he compliments his dead sister and he starts to think about his nephew in a good way also Scrooge starts to feel sorry for the poor, you can see this when he quotes; There was a boy singing a Christmas Carol at my door last night. I should have liked to have given him something thats all. This is the biggest change so far as it illustrates to the reader that Scrooge is beginning to feel sympathy which is a first for him in the novel. The second of the three spirits is described by what it wore and this was a green robe which is the original colour of Christmas, the spirit was very cheerful and warm as he has Sparkling eyes and Cheery voice. The spirit was also surrounded with items that are significantly related to Christmas, Holly, mistletoe, red berries, ivy, and turkeys. This is to try and help Scrooge relate to Christmas as he never has before. The ghost of Christmas present takes Scrooge to the Cratchit household so Scrooge can observe a happy family enjoying their annual Christmas dinner. Everything in the Cratchit family household is to do with the contrast symbolism of Scrooge therefore warmth and light. The first change during this scene is he feels sympathy and concern about the life of Tiny Tim. You can see this when Scrooge asks the spirit Tell me if Tiny Tim will live. Also when Scrooge quotes; Oh no, kind spirit! Say he will be spared. This is a major change as Scrooge is now starting to show care for others. The spirit replies to this; If these shadows remain unaltered by the future, none other of my race will find him here. What then? If he be like to die, he had better do it, and decrease the surplus population. Subsequent to hearing his own words quoted back to him Scrooge hangs is head in shame and realizes how harsh his own words had sounded, Scrooge now knows that if he does not change his ways Tiny Tim will die, Scrooge is now overcome with Penitence and Grief. This is also a change as this is a first for the reader to witness this. During this scene Scrooge also realizes how awful employer he is to Bob Cratchit, when Bob tries to raise a toast to Mr. Scrooge and Mrs. Cratchit replies; It should be Christmas Day, I am sure, on which one drinks the health of such an odious, stingy, hard, unfeeling man as Mr. Scrooge. You know he is Robert! Nobody knows it better than you do, poor fellow! This makes Scrooge think about how he treats Bob Crathit and how underpaid his clerk is for what he does. Dickens also describes Scrooge as the Ogre of the family which cast a dark shadow over the party this is relating to the symbolism of Darkness that Scrooge possess. The last of the three spirits is very dark and seems to symbolize death as it is described by dickens; the Phantom slowly, gravely, silently, approached. It was shrouded in a deep black garment which concealed its head, its face. It would be difficult to detach this figure from the night or separate it from darkness In this description the words gloom and gravely are related to death. The other words suggest mystery, fear and symbolism of darkness, which at the start of the novel was one symbol that was related to Scrooge. Scrooge shows a vast amount of terror in the presence of this spirit; Filled him with a solemn dread, His legs trembled beneath him also the fact that this Phantom is silent and communicates with Scrooge simply through hand gestures which is normally pointing. Scrooge is listening in on a conversation between a small group of business men about a death that has taken place some quotes from the conversation explain just how untouched everyone is about this death; I thought hed never die. What has he done with the money He hasnt left it to me. This pleasantry was received with a general laugh. Its likely to be a very cheap funeral. For upon my life I dont know of anybody to go to it. From these quotes the reader can immediately distinguish that these men are talking about the death of Mr. Scrooge, but as Dickens describes him Scrooge is ignorant therefore Scrooge will not accept or believe that these people are talking about himself. Due to this the Spirit guides Scrooge to a graveyard. When the spirit points to a particular grave before Scrooge lays his eyes upon it he begins to realize it was him that the people were talking about and this is clear from the question he asks the Phantom; Before I draw nearer to that stone to which you point. Are these the shadows of the things that Will be, or are they the shadows of the things that May be, only? Scrooge saw the name EBENEZER SCROOGE Scrooge now is made to believe that he was the man that when he died nobody was affected and suddenly the ignorance vanished and he swears to change; I will honour Christmas in my heart, and try to keep it all the year. The spirits of all three shall strive within me. I will not shut out the lessons that they teach me. This is Scrooges guarantee to change and never to change back to the ignorant, selfish, dreadful person that he once was. Scrooge stuck to his word he had changed, he is a complete contrast of what he once was and from the start of the last stave this is lucid; I am as light as a feather, I am as happy as an angel, I am as merry as a school-boy. I am as giddy as a drunken man. In each one of these similes there is a contrast of symbolism to what Scrooge was at the start of the novel. Feather is soft. Angel is light. Merry school boy or Giddy drunken man is warm. It is also clear that he is kind as he increases the wage of his maid and his clerk Mr. Bob Cratchit. A key incident within the novel illustrates what Dickens wants to alleviate this is the scene when the two children immerge from the second spirits cloak; This boy is ignorance. This girl is want. Beware of them both, and all of their degree, but most of all beware of this boy, for on his brow I see written which is Doom, unless the writing be erased. This is saying that Dickens think that we need to educate the poor to stop their ignorance and that the poor can help themselves, but when the rich are wilfully ignorant we need to help them to stop so that they can help change things to create a better world for everyone. Dickens novel produced some immediate effects and the poor were treated better by those who read the novel. Due to Scrooge changing throughout the novel from one extreme (hard, cold and dark) to another (soft, warm and light) it persuaded people who could relate to Scrooge in some way that they could do the same.
Thursday, November 14, 2019
Database design process Essay -- essays research papers
Abstract Database Systems has a practical, hands-on approach that makes it uniquely suited to providing a strong foundation in good database design practice. Database design is more art than science. While it's true that a properly designed database should follow the normal forms and the relational model, you still have to come up with a design that reflects the business you are trying to model. This paper shows describes design process of database project. The importance of Completing the Design Process An important point to keep in mind is that the level of structural integrity and data integrity is in direct proportion to how thoroughly the design process is followed. The less time spent on the design process, the greater the risk of encountering problems with the database. While thoroughly following the database design process may not eliminate all of the problems you may encounter when designing a database, it will greatly help to minimize them. Also in an RDBMS software program a well-designed database is easier to implement than a poorly designed database. (Michael J. Hernandez, 1996) Key database Design Concepts Before a design effort can proceed full speed ahead, the designer must first take time to understand the business. Understanding the business involves understanding the entities, data, and rules within an organization, and then converting these attributes of the business into a business model. Then, the designer must have a solid comprehension of the proposed database model. Finally, the designer will convert the business model into a database model, using a design methodology, whether automated or a manual process. (Ryan Stephens & Ronald Plew, 2002) General Design Process Following table list general steps of database design Step Description 1 Requirements collection and analysis 2 Conceptual database design 3 Choice of a DBMS 4 Data model mapping (also called logical database design) 5 Physical database design 6 Database system implementation (Elmasri, Ramez, & Navathe, Shamkant B., 1994) Creating the application is the last stepà ¡Ã ªnot the first! Many developers take an idea for an application, bu... ... levels of normalization, but the primary levels are the first, second, and third normal forms. Each level has a rule or two that must be followed. Following all of the rules will help ensure that your database is well organized and flexible. To take an idea from inception through to fruition, you should follow a design process. This process essentially says "think before you act." Discuss rules, requirements, and objectives, and then create the final version of your normalized tables. Reference 1. Elmasri, Ramez, & Navathe, Shamkant B., Fundamentals of Database Systems, Second Edition, Addison-Wesley Publishing Company, 1994, ISBN 0-8053-1748-1, pages 450-452.), retrieved from website http://www.ibiblio.org/faint/finosaur/db/ , Feb 06, 2005 2. Michael J. Hernandez, Database Design For Mere Mortals, Chapter 4, 1996, retrieved from UOP resource safari Tech Books Online website, Feb 06,2005 3. Ryan Stephens & Ronald Plew, Key database design concepts, 2002, retrieved from website http://searchdatabase.techtarget.com/originalContent/0,289142,sid13_gci812028,00.html, Feb 06, 2005
Monday, November 11, 2019
Comments on ââ¬ÅCold Cutsââ¬Â from Truman Capoteââ¬â¢s novel ââ¬ËIn Cold Bloodââ¬â¢ Essay
Before commenting on the quotations from the novel I have to clarify that ââ¬ËIn Cold Bloodââ¬â¢ is a fiction based on a true story. This means that the book has several documentary elements and others are fictionals. Capote had to use tools of writing a report, and of traditional fiction as well. As a result, sometimes it is diifficult to separate the realistic parts from the nonrealistic ones, even because of knowing the writerââ¬â¢s long investigation about the murder and its background. Telling the custom of hunters might be a true story but the other half of the quotation is fiction, I guess. By the time of writing the novel Mr. Clutter has been dead, so Capote couldnââ¬â¢t quote from him. But there is a need for the sentence given into his mouth, because by this (ââ¬Å"Iââ¬â¢m not as poor as I lookâ⬠) the readre sees his figure as a very kind, nice, generous person. So, after the murder we feel sorry for him, and itââ¬â¢s easier to understand why the villagers were so shocked because of his death. Iââ¬â¢m not sure whether this part is ture or only created by Capote but I think itââ¬â¢s main role is to show Dickââ¬â¢s strangeness and insensitiveness. To kill an innocent dog for no reason (I donââ¬â¢t think that there would every be any reason to kill someoneâ⬠¦ ) is a metaphor of the also innocent Clutter family. I think that this story might be real because after reading the book the readre feels fear from Dick, he is so evil. But on the other hand the writer forms our opinion about the characters in his novel, as wee see them the way Capote describes them. This quotation is so formal, so distanced, that it sounds a report from the news. I think that this is real and the writerââ¬â¢s aim was to make the novel much realistic. This part is real again because it only gives facts about the murderers. With the help of this we read the novel as a true story. Itââ¬â¢s well-known from rhetorics that facts are unquestionable, so they are true. This quotations is a good example of mixing realistic and fictional elements, I think. The garden might have been ââ¬Å"white with sea-fogâ⬠, but Mrs. Johnson can only recall what did she really think when she closed the door. I think the writer here used the literary tool of projecting a characterââ¬â¢s inner feelings onto the environment, or nature. That might also be ture in the case of the second sentence about the murderers who look like in this picture as two escaping animals. Mentioning Perryââ¬â¢s shorter leg is again used to show that the writer felt sorry for him. In this case the type of the car can be true and even the act of stealing but on the other hand itââ¬â¢s not mentioned in this sentence, only the reader knows the next steps. In my opinion only the writer found out the contex of stealing the Chevrolet (so lighting the cigarette) and mentioning only this but not the act itself. In this description itââ¬â¢s more interesting. Showing Perryââ¬â¢s thoughts before being captured is again a mixture of reality and fiction. As Capote met him on the interviews and in the jail, not during the big travel, he could only collect recalled information which is usually a bit different from reality. Iââ¬â¢m not sure whether Perry had really thought that, so I think that the writer here projected on Perry what the villagers or the detectives thought, or wanted to believe in. The perspective is retrospective in this sentence whereas the writer puts them in a present situation. This confession-like sentence from Perry might be true bt on the other hand I think again that the write used this to create Perryââ¬â¢s figure likeable, but on the other hand not saying that he is innocent. I think this uotation might be partly true but Iââ¬â¢m not sure that this is what Perry exactly said.
Saturday, November 9, 2019
Strict Liability in Business Law
The American common law adopted the concept of strict liability in early 1960ââ¬â¢s. They began to adopt the view that the sellers should bear the cost of injuries or defects in their products as they are in the best position to distinguish the risks associated with their products. The courts of modern times also provide the sellers the indisputable liability for their defective products without the negligence or fault on the part of the seller. The American law institutes call for the various state law departments to recapitulate the developments in strict liability in Section 402A of the Restatement (Second) of Torts in 1977.In 1997 ALI approved the Restatement (Third) of Torts products liability, which expands the general language of Section 402A into over 20 different sections addressing specific applications of the strict liability ground for recovery. In 1999, the ALI approved Restatement the apportionment of Liability, completely succeeding and expanding upon comparable pro visions of Restatement (Second) of Torts. This Restatement gives paramount importance to the principles of law governing apportionment as liability in cases where there are multiple actors who may have differing degrees of liability.(1)The application of strict liability is important in various segments of business law. Here we shall discuss the scope of strict liability, its essentials and exceptions etc. Moreover we shall try to explore the relationship and contrast of the strict liability with other dimensions in the business law like Rule in Rylands Vs Fletcher, mens rea, negligence, product liability and contract. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 1. Restatement (Third) of Torts products liability, 1999 Strict Liability 2 Intro ductionââ¬Å"He can excuse himself by showing that the escape was owing to plaintiffââ¬â¢s default; but as nothing of this sort exists here, it si unnecessary to inquire to what excuse would be sufficient. ââ¬â Blackburn J Sec. 402A of Restatement (Second) of Torts, 1977 enunciates that seller of any defective product which is unreasonably dangerous to the user or consumer is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.It does not matter that the seller has exercised all possible care in the preparation and sale of his product; and the user or consumer has not bought the product from or entered into any contractual relation with the seller. Moreover the claim under rule of strict liability can be made against Property damage, Compensation for wrongful death, Physical and mental pain a nd suffering Loss of consortium for loss of love and affection, Past, present and future medical bills and Lost past and future wages, DefinitionStrict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any ââ¬Å"faultâ⬠on their part. There are situations when a person may liable for some harm even though he is not negligent in causing the same or there is no intention to cause the harm or sometimes he may even have made some positive efforts to avert the same. In other words the law recognizes such type Strict Liability 3 of ââ¬Å"no fault ââ¬Å"liability. (Salmond,1996)(2)The liability arises when a person or company sells a defective product which is unreasonable and dangerous to the user.The defect may in the products design or manufacturing, in the instructions or warning necessary for the productââ¬â¢s safety or in the container or packaging. The main feature of this aspect is, here the injur ed is excluded from proving the negligence of seller. Scope Generally our legal system typically imposes liability for money damages only upon a showing that a person was negligent (i. e. , failed to use due care) or somehow intended to bring about an injury or damage to another. There are cases, however, where a defaulter can be held responsible for an injury even where no negligence or evil intent can be shown .The doctrine of strict liability imposes legal responsibility for injuries sustained by or as a result of an actor's conduct, whether or not the actor used reasonable care and regardless of the actor's state of mind. Strict liability cases are limited to certain narrowly-defined areas of the law, including products liability, ultrahazardous activities, care of animals and certain statutory offenses. ( Faegre & Benson, 2003) (3) The rule of strict liability is mainly attributed to rule in Rylands Vs Fletcher (4) in which the House of Lords well founded the principle of as st rict liability.In this case, the ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 2. Salmond , Heuston (1996) , Law of Torts, , publisher: Sweet & Maxwell; 21Rev Ed edition , ISBN-13: 978-0421533509 3. Faegre & Benson, (Nov. 2003) UK Trade and Investment, US product liability law 4. Rylands Vs Fletcher (1868) L. R 3 H. L 330 Strict Liability 4 defendant got a reservoir constructed through independent contractors, over his land for providing water to his mill.There were old disused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the reservoir, it burst through the shafts and the plaintiffââ¬â¢s cold mines on the adjoining land. The defendants did not know the shafts and had not been negligent although the independent contractors had been. In this case the court found that even if the defendant was not negligent or rather, even if the defendant did not intentionally cause the harm or he was careful, he could still be made liable under the rule.The defendant may excuse himself by showing that the occurrence was owing to the plaintiffââ¬â¢s default or that was the consequence of vis major or the act of good. But in this case the court firmly asserts that it is unnecessary to inquire what excuse would be sufficient. Normally in these cases, the liability arises not because there was ant fault or negligence on the part of persons, but because he kept such defective products and the same was caused some sort of personal damage to another. In Smedleys Vs Breed, (5)a large manufacturing company of tinned peas was convicted as there found the carcass of a caterpillar.On dismissing the appeal of company the court held it was offence of strict liability, therefore it was not sufficient show that the company had taken all reasonable care to avoid the event. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 5. Smedleys Vs Breed,(1974) Strict Liability 5 The same view was taken in the famous case Donogue Vs Stevenson (6) in this case A purchased a bottle of ginger beer from a retailer for the appellant.While pouring to the tumbler the appellant found a decomposed body of a snail floated out with her ginger beer. The appellant alleged that she seriously suffered in her health in consequence of having drunk the beer which contains the contaminated contents. On her claim for damages, the court declared that a person who is for gain engages in the business of manufacturing articles of food and drink intended for consumption by members of the public in the form he issues them, is under a duty to take care in the manufacture of these articles.That duty must be to whom he intends to consume his products. The fact is that he manufacturers his commodities for human consumption. Due to this informal nexus he places himself in a relationship with all the potential consumers of his commodities, and that relationship which he assumes and desires for his own ends impose upon him a duty to take care to avoid injuring them. â⬠Hence the manufacturer owed her a duty to take care that the bottle did not contain any noxious matter and that he would be liable for the breach of the duty.Moreover the law looks into the scope of strict liability while it is arising out of indeed consumerââ¬â¢s case. In Berrier v. Simplicity Manufacturing, Inc (7), the leg of four years old was amputated as the result of injuries sustained when her grand father unintentionally backed over her foot wh ile shearing the lawn with ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 6. Donoghue v Stevenson [1932] AC 562 (HL) (Sc) 7. Berrier v. Simplicity Manufacturing, Inc. , (3d Cir. Jan. 17, 2008) Strict Liability 6 a riding mower.Her parents moved a case against the manufacturer of the riding mower on the basis of strict liability and negligence based on design defect and inadequate warning theories. But the court followed the decision of Phillips v. Cricket Lighters, (8)and held that since the intended user or consumer is limiting the wide application of rule of strict liability the issue still remains that the child is neither user nor intended user or consumer of the mower. Strict liability and mens rea So the offences of strict liability, we ca n say, are those crimes which do not require mens rea with regard to at least one or more elements of the actus reus.In R Vs Storkwain (9) the defendant supplied drugs for which a prescription was required, after being handed a forged prescription. There was no evidence of any negligence or wrong doing on the part of the pharmacist.. On appeal against conviction, it was held that the statute created an offence of strict liability; therefore no proof of mens rea was required. In Gammon (Hong Kong) Ltd vs Attorney-General for Hong Kong (10) following points has been laid down to determine the circumstances to which strict liability to be imposed.(1) There is a presumption of law that mens rea is required before a person can be held guilty of a criminal offence; ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬ââ⠬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 8. Phillips v. Cricket Lighters, 841 A. 2d 1000 (Pa. 2003) 9. R Vs Storkwain (1986) 10. Gammon (Hong Kong) Ltd v Attorney-General for Hong Kong [1984] 2 All ER 503 Strict Liability 7 (2) The presumption is particularly strong where the offence is ââ¬Å"truly criminalâ⬠in character;(3) The presumption applies to statutory offences, and can be displaced only if this is clearly or by necessary implication the effect of the statute; (4) The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern; (5) Even where a statute is concerned with such an issue, the presumption of mens rea stands unless it can be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act.Essentials of strict liability For the application of this rule the foll owing three essentials should be there: 1) Injury by a defective product: In order to succeed the strict liability under the law the plaintiff must show that the injury must be caused by a defective product whose defect existed at the time of injury and the product should be plaintiffââ¬â¢s control. In the recent case of Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ââ¬Ën Ander (11) it was held that the liability arising from the defective products not only related to the personal injury but financial loss also.It was further confirmed that when a manufacture undertakes or market the production without any prior tests and ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- 11. Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ââ¬Ën Ander, 2002 (2) SA 447 (SCA) Strict Liabilit y 8 consequently it turns hazardous to the consumer such negligent activities expose a liability to the consumer. Here a contractual nexus between the manufacturer and the consumer is not required. (Weir, Tony 2006), (12)2) The goods must be dangerous or defective in nature: Here the plaintiff must show that due to the dangerous nature, such goods can not be used for the ordinary purpose or for some other reasonably foreseeable purpose. Thus, a manufacturer owes a duty to supply a product fit for the ordinary purposes and it is to be used and safe notwithstanding a reasonably foreseeable misuse that could cause injury. The decisions in famous cases like Batcheller Vs Tunbrige Wells Gas co. ,(13) National Telephone Co. Vs Baker (14)and West Vs Bristol Tramways Co.(15)manifests that the defective products are whatever in form ,whether it is gas, electricity noxious fumes ,the rule of strict liability can be applied. 3) The goods should leave the manufacturer: It is essential that the thing caused injury to the plaintiff must leave from the possession and control of eth defendant. So those defective goods are still with the manufacture is safe from the claim of compensation. In Read Vs Lyons (16) (text) the plaintiff was the employee in the defendantââ¬â¢s munitions factory. While performing her duty a shell was exploded and she was injured . Evenââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 12. Weir,Tony,( 2006),an introduction to Tort law,2nd edn. , Oxford University Press 13. Batcheller Vs Tunbrige Wells Gas co. 84 L. T 765 14. National Telephone Co. Vs Baker (1893) 2 ch 186 15. West Vs Bristol Tramways Co. (1908) 2 K. B 14 16. Read Vs Lyons (1947) A. C 156, 161 Strict Liability 9 though the shell exploded was dangerou s in nature it was held that defendants were not liable as the shell was not left from outside the defendantââ¬â¢s premises and the rule of strict liability could not be applied in this case.4) Breach of warranty: Generally, the law imposes certain warranties (or guaranties) on the sale of products. Such warranties include that the goods are in proper condition for use and free of defects and that they are fit for a particular purpose. Since the court doesnââ¬â¢t disregard the liability of the waivers against the policy and the warranties are limited, the manufacturers and retailers are always held responsible for injuries from the defective and dangerous products. The aspect of breach of warrenty enables the plaintiff to act against the defendant with his complete freedom.Here he need not assert that the defendant is fault. Usually the product claims under the breach of warranty are in quasi contractual nature. Any factual statement or promise about the product ,a description of the product made ,any sample or model provided constitutes the warranty upon which the buyer rely to purchase the goods. ( Faegre & Benson,. 2003)(17) Exceptions/limitations The following are the exceptions to the rule of strict liability. 1) Plaintiffââ¬â¢s own default: Damage caused due to the plaintiffââ¬â¢s own default was considered to be good defense in rule of strict liability.If the plaintiff suffers damages by ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 17. ibid 3 Strict Liability 10 his own intrusion into the defendantââ¬â¢s property he can not complain for the damage so caused. When the damage to the plaintiffââ¬â¢s products/property is caused not so much by the escape of eth thing s collected by the defendants as b y the unusual sensitiveness of plaintiffââ¬â¢s property itself, the plaintiff cannot recover anything. In Eastern and South African Telegraph C. Ltd. Vs Capetown Tramways Co.(18) the plaintiff submarine cable transmissions were disturbed by escape of electric current from the defendantââ¬â¢s tramways . It was found that the damage was due to the unusual sensitiveness of the plaintiffââ¬â¢s apparatus and such damage will not occur to person carrying on the ordinary business and the defendant held not liable for the such occurrence. 2) Act of god: Act of god or Vis Major was also considered to be a good defense to an action under the rule of strict liability. If the defect is unforeseen and it is without any human intervention the defense of cat of good can be pleaded.In Tennent Vs Earl of Glasgow (19) the court has framed a well maintained definition for the act of god as the circumstances which no human foresight can provide against and of which human prudence is not bound to recognize the possibility. 3) Consent of plaintiff: In cases of volunti non fit injuria i. e where the plaintiff has consented to the accumulation of the dangerous /defective product in defendantââ¬â¢s possession, then such liability does not arise. But such consent must arise for the common ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 18.Eastern and South African Telegraph C. Ltd Vs Capetown Tramways Co. (1936) A. C 381 19. Tennent Vs Earl of Glasgow (1864) 2M (H. L) 22, 26-27 Strict Liability 11 benefit of both plaintiff and defendant. For eg: when two persons are living on the different floors of eth same building each of them is deemed to have consented to the installation of things of common benefit such as the water system, gas pip es or electric wiring . When water has been collected for the common benefit of the plaintiff and the defendant will not be liable for any defects happened to such system unless there is negligence on his part.In North Western Utilities Vs London Guarantee,etc Co. Ltd (20) ,the concept of consent for the common benefit had been formulated as there is no such common benefit between a gas or other public utility undertaking and its consumerââ¬â¢s . 4) Act of third party: If the harm has been caused due to the act of a stranger who is neither defendantââ¬â¢s servant nor the defendant has any control over him, the defendant will not be liable under this rule. But if the act of the stranger is or can be foreseen by the defendant and the damage can be prevented, the defendant must by due care prevent the damage.If not so, the defendant may be held liable for his act. This principle is laid down in Richards Vs Lothian (21). In this case, some strangers blocked the waste pipes of a wa sh basin, which was otherwise in the control of the defendants, when opened the tap, and the overflowing water damaged the plaintiffââ¬â¢s goods. The defendants were held not liable. 5) Statutory authority: Generally an act done under the authority of a statute is defense ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 20. North Western Utilities Vs London Guarantee,etc Co. Ltd (1936) A.C 108 21. Richards Vs Lothian (1913) A. C 263 Strict Liability 12 to an action for tort. But it cannot be pleaded as a defense when there is negligence. In Green Vs Chelsea Waterworks Co. (22) the defendant co. had a statutory duty to maintain continuous supply of water. A man belonging to the company burst without any negligence on its part, as a consequence o f which plaintiffââ¬â¢s premises were flooded with water. It was held that the company was not liable as the company was engaged in performing a statutory duty. ( Salmond,1996)(23) In practice, the defendant may argue the defenses adopting the following claims.1) The defendant may forward an argument on the basis of misuse of the product sold. But it is to be remembered that the misuse of products can not be forceeble or there is a chance of rebut this argument by the plaintiff that there should have some kind of anticipation on the part of the manufacturer and prevented such misuse by its product design or in its warning. 2)Secondly the defendant can claim that the product has been altered and modified . In order to prove this he has to take adequate measures to provide warnings in connection with the alteration of the products.3) If there is any complaint by the buyer about the defective design, then the defendant may rebut his claim by demonstrating that the product was at sta te of art at the time of manufacture. 4) A manufacturer might be allowed to adduce the evidence on the basis of industry ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- 22. Green Vs Chelsea Waterworks Co. (1864) 70 L. T 547 23. ibid 2 Strict Liability 13 custom and standards and government standards related to the manufacture and design. ( Faegre & Benson, 2003)(24)Before the buyers of tacky products were not allowed to sue a manufacturer of or seller of a harmful product in commerce. The decision owes to the principle of ââ¬Å"caveat emptorâ⬠ââ¬Å"let the Buyer bewareâ⬠. Now the burden to prove a products sticks on the other claims of product defect, inadequate instructions, or warnings. Here the plaintiff must prove that that the product caused him harm when it was used for its intended purpose as well. More he has to prove that the manufacturer knew or should have known the product would be used in such a way that would cause harm. Strict liability and NegligenceNegligence is an important element to determine the strict liability of a defendant. Negligence is considered to be the oldest theory of product liability as well as the strict liability. As a general rule it is for the plaintiff to prove that the defendant was negligent. The initial burden of making out at least prima facie case of negligence as against the defendant lies heavily on the plaintiff, but once this onus is discharged, it will be for the defendant to prove that the incident was the result of inevitable accident or contributory negligence on the part of the plaintiff.(Jones,2007)(25) There are some elements should be proved by the plaintiff in order to make claim against the defendants under the rule of strict liability. ââ¬âââ¬âââ¬â ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 24. ibid 3 25. Jones, A . Micheal (2007), A text book on Tort, Ch. 2, 9th ed. , publ. by Oxford University Press Strict Liability 14 Duty of care: The plaintiff must prove that a duty of care was owed by the defendant to the plaintiff. Mere carelessness on the part of defendant doesnââ¬â¢t entitle the plaintiff to sue him.He has to establish that the defendant owed to him a specific legal duty to take care of which he has made a breach. In this connection, in famous case of Donogue Vs Stevenson it was held that a manufacturer of the products which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examin ation and with the knowledge that the absence of reasonable care in the preparation of putting up of the products will result in an injury to consumerââ¬â¢s life or property, owes a duty to the consumer to take that reasonable care.(26) Breach of duty: Breach of duty means non observance of due care which is required in a particular situation. But here the defendant acted like a reasonable prudent man there is no negligence. In Blyth Vs Birmingham waterworks Co(27). it was clearly explained that negligence is the omission to do something which a reasonable man ,guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent and reasonable man would not do.) Proximate cause: The plaintiff should prove that the breach of duty proximately caused the plaintiffââ¬â¢s injuries. Finally there should be lawful and sufficient injury happened to the plaintiff due to the defective /dangerous product. ââ¬âââ¬ââ⠬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 26. ibid 6 27. Blyth Vs Birmingham waterworks Co (1856) 11Ex. 281Strict Liability15 The manufacturers always have the duty to exercise reasonable care in manufacturing the products.Poor assembling the products, difference in use of component parts and its design specifications, failure to inspect the finished products, component parts and failure in correction in any defective products are some examples to lead the plaintiff to claim under the rule of strict liability. ( Faegre & Benson, 2003) (28) In R Vs Lemon (29)the publisher of a gay news were charged with blasphemous libel against Christ through a poem which was considered as an slur to Christianity.The court held that it is the pure case of blaspheme as they ha d intention to publish so they are responsible for their act. Moreover in Alpha cell Vs Woodward,(30) the company was accused of causing polluted water to enter river by using equipment to prevent any overflow in to the river. But due to the collapse of the machine, the polluted things leaked out to the water. There was no evidence that the defendant is negligent but the court held that the defendant had caused the pollution in the water and they held liable. Strict liability in product liabilityThe ââ¬Å"product liabilityâ⬠defined as the liability of manufacturer, during the chain of distribution, for personal injury, economic loss or property damage caused by sale or use of the product. Here the term ââ¬Ëproductââ¬â¢ denotes the finished goods as well as those items which may have some impact on the consumer expectations, product safety etc. In order to brought the action under strict liability the plaintiff must prove that injury occurred by ââ¬âââ¬âââ¬âà ¢â¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 28. ibid 3, 24 29. R Vs Lemon (1979)30. Alphacell Vs Woodward, (1972) Strict Liability16 a defective product whose defect existed at the time of injury and at the time which the product left the control of manufactures control. Such product liability is the legal responsibility of the manufacturer to the buyers. It can be occurred at time of the transaction. Generally there are three defects in the product make defendants liable for their act. 1) Manufacturing: even though a few products turns in to the fault during the process of a manufacturing the plaintiff may held liable under rule of strict liability.2) Marketing: In the case of lack of product warning or instructions, the plaintiff can bring an action against the def endant under such liability. 3) Design: A fault in design from previously mentioned might enable the plaintiff to claim for damages against the defendants. ( Miller, Goldberg 2004)(31) Usually the defective and unreasonably dangerous product denotes the desirability or usefulness of the product, the availability of safer goods in same need, likelihood of injury and its possible seriousness and danger.In such cases entitles the plaintiff to recover from the defendants for the injury caused by the product. Here he need not prove any misconduct on the part of the defendant. The law framed such a provision to make the manufacturer vigilant about their production in safe manner. It is the duty of the manufacturer to produce the goods which will not create an unreasonable risk of injury to the consumer at any cost. Such claim can be made against theââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 31. Miller C. J, Goldberg R. S (September 30, 2004) Product liability 2 edition Publisher: Oxford University Press, USA; ISBN-13: 978-0198256786 Strict Liability17 manufacturer, wholesaler, distributor, retailer and the maker of component parts. (Restatemet,1999)(32) In recent case of Escola v. Coca-Cola Bottling Co. ,(33) 24 Cal. 2d 453 (1944) (Traynor, J., concurring) it was clearly stated that on the demand of public policy the responsibility should be fixed even though there is no element of negligence under the circumstances of hazardous and dangerous to life and health due to the defective products. In cost of the cases the injured would be such persons who are not aware and unprepared to meet the consequences. It is to the public interest to discourage the marketing of defective products that are a menace to the public. It is to th e public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the man
Thursday, November 7, 2019
buy custom Challenges Facing America in the 19th Century essay
buy custom Challenges Facing America in the 19th Century essay The 19th century (1801-1900) was an era in history that showed the collapse of many empires like Portuguese, Spanish, Chinese and Holy Roman. This opportunity gave chance to the United States, British Empire, to impel military conflicts and major advances in science and exploration. It is important to note that after the fall of the French Empire and its followers during the Napoleonic Wars, the British Empire was the worlds leading power, it controlled almost one quarter of worlds people and over one fifth of the land area. This promoted trade and fight against uncontrolled piracy. 19th century is period that led to invention and discoveries, with major expansion in the fields of electricity, mathematics, chemistry, biology and other metallurgy that later became the foundation of technological advances in the following centuries. Industrial revolution began in this era where even young children were employed in factories and mines (David Heidler, 19). There were major development in medicine and the general understanding of human being anatomy and major developments on disease prevention. It led to worlds rapid growth in population especially in the western world. It is believed that in the United States the population doubled. During this period there was introduction of railroads that gave major developmentin land transportation, it changed peoples lives. This period led to liberalization (Eric, 30). Many theorists suggest that slavery reduced, Britain was forced to make Barbary pirates to stop their practice of kidnapping and enslaving Europeans. In 13th Amendment that followed after United States civil war led to abolishing of slavery in 1865. Brazil abolished slavery in 1888 and Britain abolished in 1834 (Allen, 8). In North America there was a remarkable extensive formation of new establishment, where largest cities were founded at some point in the century. In 19th century it is believed that nearly 70 million people left Europe. The century also experienced quick formation, development and codification of various sport activities especially in United States. Various sports associations were formed; football association, rugby union, and baseball. Britain led to spread of cricket around the world (Mark, 25). In 19th century there was a Christian religious revival movement called Second Great Awakening in the United States that articulated Arminian theology that expected each and every person to be saved through revivals. This led to formation of many new denominations. Many people who were converted believed that the Awakening was supposed to create new millennial age (David Heidler, 4). It is also important to state that in 1839 to 1860 there was the trail of tears that led to removal and movement of Native American nations from southeastern region that forms the current United States. This process was described as genocide, because many Native Americans suffered due to great exposure, disease and starvation while they were travelling (Allan, 24). In 1846 to 1848 there was a war between United States and Mexico (Mexican War), American forces invaded and captured New Mexico, California, and other parts that are considered northern Mexico. In 1858 Mathew Calbraith who was the commodore of the U.S. Navy forced the opening of Japan to the West. He also had several victorious engagements with the British vessels (Eric, 11). John Quincy Adams proposed use of modern technology and development of education but he received a lot of friction from his enemies from Congress, he lost his second term, becoming the first president to lose only a single term since the period of his father. Theorists suggest that he lacked political ability, popularity and he met politicians who undercut him. In 1868 U.S congress gave assurance to its Citizens the right to expatriate. This allows the United States citizens to relinquish federal nationality in order to be allowed to reclaim Constitutional rights as defined by the 14th Amendment ((David Heidler, 9). Buy custom Challenges Facing America in the 19th Century essay
Monday, November 4, 2019
Corporate Law Assignment Example | Topics and Well Written Essays - 2000 words
Corporate Law - Assignment Example The rights include voting during the election of the directors, amending corporate bylaws as well as articles of incorporation and participating in annual meetings associated with the stockholders. Besides, the other fundamental rights of the minority shareholders include voting on a few selected corporate events which include liquidation of the business entity, mergers or sale of assets, calling special meetings of the stockholders and scrutinizing the books, records as well as the lists of the shareholders. It is in this context that with the majority shareholders holding a strong position in a company, in frequent instances, disagreements between the majority and the minority shareholders have been identified in the modern business context. The disagreements have been mostly regarding the exclusion of the minority shareholders from management participation, disproportionate allocation of shares and withholding of dividends with profits among others (1). In this discussion, a detai led analysis of the problems concerned with the rights held by minority shareholders, playing vital role causing potential disagreements amid the members of both majority as well as minority shareholders, will be taken into concern. Moreover, the different statutory remedies which are available to the minority shareholders in order to deal with situations where the majority shareholders misuse their power or breach their duties will also be portrayed in the discussion. A Brief Analysis of the Scenario The minority shareholders are often acknowledged as institutional investors among different business entities who play a limited function in influencing the background of corporate governance construction. This is majorly due to the fact that the presence of the majority shareholders within a business firm owing the rights to partially control its decision making process often facilitates significant sources of conflicts affecting the interests of the minority shareholders (2). However , it is worth mentioning in this regard that the minority shareholders posses certain rights which may be accessible in accordance to any ââ¬Ëstate close corporation lawsââ¬â¢. These rights generally include amending corporate by-laws, voting during the election of the directors and organizing as well as managing annual meetings related with the shareholders among others as mentioned in the articles of association and memorandum. Despite, it has often been observed that the minority shareholders or the institutional investors find it to be quite challenging to exercise the aforementioned rights in a smooth way witnessing minimum disruptions. This is simply because the majority shareholders tend to dominantly control the business operations as they bear large proportion or percentage of shares along with various decision making rights concerning the corporate governance structure of the particular entity. As the majority shareholders possess maximum quantity of shares (i.e. mor e than 50% of the total equity shares), it has been viewed that the interests of minority shareholders are being oppressed by several means. In this similar context, the different ways which contribute towards the oppression of the minority s
Saturday, November 2, 2019
Excercise and Obesity Essay Example | Topics and Well Written Essays - 1000 words - 1
Excercise and Obesity - Essay Example That is, too high caloric intake and too low caloric consumption. A lot of researches about obesity have focused on factors that lead to this imbalance. This paper will basically examine the relationship between obesity and exercise (duration of exercise). Some statistical results suggest that exercise has a negative and statistically significant effect on the probability of being obese. However, taking into consideration the potential endogeneity of exercise duration in the BMI regressions, some studies suggests that there is no negative relationship between obesity and exercise (Plowman & Smith, 2008). Studies that have been carried out to determine the relationship between obesity and exercise; and quite a number of the studies have resulted in general results that obesity is negatively related to the duration of exercise. The studies have generalized a sample to a population. Assumptions are vital concept of empirical studies. Just like any other empirical study, this study applies some statistical assumptions in order to achieve the much needed results. These assumptions include: The following statistical tools can be useful in determining the relationship between obesity and exercise. Correlation techniques can be used to determine the relationship between obesity and exercise. The independent variable of the study is exercise while the dependent variable is obesity. The study can mainly duel on correlation and regression for data analysis. The analysis may involve getting the correlation and regression coefficients for both the variables that affect obesity and that influence duration of income. Correlation coefficient is important in showing whether and how strongly age and income status are related. The study is linear in nature hence Pearson product-moment correlation coefficient can be used to determine the strength and direction of the linear relationship between exercise and obesity. The value of Pearsonââ¬â¢s correlation coefficient is influenced
Thursday, October 31, 2019
Remote Sensing Project Research Paper Example | Topics and Well Written Essays - 2500 words
Remote Sensing Project - Research Paper Example They also encompass chemical sensors that are used to analyze the intensity of elements in the air, biological sensors are useful in USGS in scientific research is the initials for United States Geological Survey. Scientist who use the United States Geological Survey have the capability of capturing the landscape and learning more about its natural resources and anything else that harms it. USGS focuses on land, its use and change, ecosystems, minerals, energy, natural hazards and environmental health. Drones can be used in scientific research both during the day and night. An object can be observed, measured and identified without direct contact with the satellite. Some of the remote sensing data include multispectral data, satellite imagery, space sensing and digital elevation data. In this process of observing the earth, one needs a device called a USGS earth explorer, (Lillesand, pg.87). In this case, the earthââ¬â¢s data such as maps, satellite data, and land cover products are searched and found online. Remote sensing images are put in digital images. In order for the researcher to be able to get the information that he or she wants, image processing has to be done so as to get the visual interpretation of the image. (Campbell, pg.113). Commercial aerial surveillance is a major area where this topic has been applied previously. This function has been known to enhance security in homes, wildfire mapping, pipeline issues, in roads and when conducting anti-piracy. All objects on earth can be automatically detected and by this doing a scientist is able to achieve his objectives, (James, pg 200). Drones have both biometric and facial recognition systems and therefore are able to recognize a person from a height of 1500 feet. They are used in this case to patrol above 400 feet to prevent possibilities of unlawful immigration or terrorists attack from a countries
Tuesday, October 29, 2019
Industry analysis Essay Example | Topics and Well Written Essays - 750 words - 2
Industry analysis - Essay Example have serious impact on the profitability, competitiveness and growth as well as the satisfaction in using the product produced by a particular service provider or industry (Willett, 2010). An industry can therefore take advantage of the purchases by customers of the complementary products even if you do not offer them yourself by establishing multiple alliances with those that do not offer them. Our industry which is the cosmetic manufacturing that includes manufacture of products such as hair products, skin care, cosmetics, deodorants, perfumes, oral care and other products including baby items may benefit from complementary industry such as the hair dressing industry. Hairdressing and the cosmetic industry are closely intertwined and aligned and each has got the effect of affecting the profitability of the other in that the demand for the cosmetics will be dependent on the hairdressing and the beauty salon services. These two industries are competitive and the competition in the large number of salons in a particular area is likely to affect the uptake of the demand for these products (Willett, 2010). Further, the competition for sales of hair and beauty products increases with the increasing number of beauty parlors, beauty stores as well as salons showing that these two industries are complementary to each other. The success of our company which is dealing in the sale of cosmetic products and our competitive strategy will therefore depend on how we relate to the hair dressing service industry. This is so due to the fact that the rate and intensity of competition in an industry is dependent on the economics of the particular industry and the fact that each differs fundamentally from the other, and therefore the collective strength of the forces of competition is distinct. Therefore, as a manufacturer dealing in cosmetics products, it is important that to find a position that helps it cope best with hose providing hair dressing services and use the competitive
Sunday, October 27, 2019
Integrated Customer Ordering Service
Integrated Customer Ordering Service Introduction (107 words) In this coursework, I have tried to discuss how Information Systems play an important role in the functioning of an organisation. An adequate Information System is a must requirement in todays technology-driven and competitive era. I studied about a system integrated in Marks and Spencer for improving its ordering system and thereby proving to be a reason for its return on investment. The Information system helps to control, coordinate, analyze, interrelate data and also supports in decision making. I have explained how application of an Information System can support organizational success and efficiency by increasing profits and providing services that are easily accessible to meet the needs of organisation in such a way that the organisation can keep up the standards and services smoothly. Marks and Spencer (172 words) Marks and Spencer is one of the leading retail organizations in UK which sell stylish, quality and great value clothing and home products , also quality food. They are one of the most popular brand among people not only in UK but globally. They have more than 600 stores in UK and constantly increasing many more around the world. It was founded when in 1884, Michael Marks opened a stall at Leeds Kirkgate Market. In 1901, its first registered store was located at Derby street , Manchester. By 1924 they started expanding and the head office moved from Manchester to London. Implementation of new policies and maintenance of services and value kept on adding to the success of Marks and Spencer. In 1998, it became the first retailer to earn a profit of à £1billion. The organisation commonly called as MS has always followed the principles of Quality, Value, Service, Innovation and Trust since its founded. This is the reason why it has been successful, distinguished and popular among people. Need of the Information System: Integrated Customer Ordering Service (373 words) MS was facing several backlogs in order processing and complaints were increasing day by day. The company had invested a lot to move ahead in this competitive environment but was unable to overcome this problem. The need of the hour was to have an customer service ordering information system implemented which can accurately and assuredly keep away these problems which were an obstacle in the success of a great retail organisation. The retail market is immensely competitive and keep on upgrading their information system to meet the requirements of services. MS started using up-to-date information system in its ordering system which made it stand different from other rival organisations. On 19 April, 2005 Marks and Spencer signed an alliance with Amazon Services Europe. In this agreement, Amazon Services Europe will host and provide with synchronized information system to MS websites, telephone ordering systems and in store ordering systems. ICOS was launched in 2006 and was based on Microsoft Windows NT Server and Oracle 10g databases. It also comprises various intelligence tools using DOS applications and is called as Rumba Server in MS. This system enables ease of access of data and information across all stores and offices of the organisation. The system is efficient in dealing with the orders , vendors, manage information across the organisation, control the supply of incoming and outgoing products through a common database which gives solution to all problems related to above categories. The business process improvement team has not only developed this application but has also installed it in all stores where in store ordering is available. The information system had to meet challenges like connecting all stores to common database so that all product related information and management related information could be shared across. It was not easy to interrelate thousands of product data and ordering information on websites, in stores and in offices. The system application must be in a way that the data is easily accessible through all channels and can be used through company intranet without paying heed to its location. The system included taking orders, order processing, order dispatch, order location, stock control and order prices. This helped MS to expand their business systematically. Working and Benefits of Integrated Customer Ordering Services (849 words) ICOS is an information system application used by MS employees for various in store functions. This information system comprises data of all products like food, clothing, home ware etc. Each product of MS has a unique identification code called as UPC number which is used in ordering. In a situation where customer wants a certain product for e.g. a TV, and that product is either unavailable or is a special requirement that has to be made or is not displayed in the store, that is when this system plays its role. Order Taking: Every user or employee as its unique ID or access code and a password which makes this system highly secured and prevents it from unauthorized access. An employee assigned to take orders enters his ID and password to find out any information or to take any orders. When a customer orders certain product the agent enters its product code and the whole information from product details to availability and prices is displayed which can be conveyed to the customer. There is a tool bar which consists of different options available for the agent to save information from customer like name and address. This tool bar also has information about billing and lead-time of all products. Some products might not be displayed in the store while some can only be delivered like furniture. The system also proposes extension in delivery time to any date. As and when the agent enters customer name and details, a customer profile is created and a customer code is also generated and saved in his/her profile. The next step is payment. Once all required information from the customer is saved their is an option of payment on the tool bar. When that option is clicked several payment methods are made available on the screen like cash , visa card, credit card or cheque. The agent asks the customer and select the option that is told by the customer. Once all this information is submitted and payment is taken the customer is handed over with a printed receipt of product and money transaction details along with the unique customer code. Order Enquiry: If the customer wants to enquire about the order in future he/she just need to give his unique code to the employee. Once the code is entered on an option of enquiry on the tool bar the detailed information about the product is retrieved. This information states the status of dispatch or progress in order and also status notes entered by the manufacturing department. This information can further be stated to the customer. If required a receipt of the order confirmation can also be provided to the customer. Order Upgrading or Editing: This option on the tool bar enables an agent to add or cancel certain products from the order. This option is also used to edit customer details like address or shipping date or further payments. When an alteration or amendment is to be made, the agent enters the customer code and the information related to the order pops up on the screen. This states if a particular order can be cancelled or not e.g. certain product is a special manufacture order already in process. Special Offers: Many times there are special offers available with certain products like buy one get 25% off on other. All these offers are already saved in this information system and is updated from time to time. Not that there are so many employees working in MS and all employees need to be informed, so a hasslefree alternate is that ICOS already comprises these schemes and offers. There is an option of diary where these details are stored. As the agent enters his code to acquires access , he/ she can review the promotions and sales for the whole day and also take a printout if required. Order Reports: The orders taken throughout the day are stored in the system and can be retrieved as a whole or product category wise. If an agent or manager wants to know what all is sold or how many orders were taken throughout the day, they need to enter their ID and click on reports. The data is immediately available. If they just want to get report of the number of TVs sold they can get separate report as well. In this way the whole day report or report till a particular time can be seen in a summarized manner. Order Display Availability: If an agent in one store wants to know the availability or display of a product in any other MS store he/she can just use the tool bar for display search or update search. This possible because as mentioned earlier all store are networked and data of all products in all stores are available to each store. ICOS helps MS employees to provide hassle free information to the customers and also helps taking quick orders leading to save time both of employee and customer. It also plays a very important role in uplifting customer loyalty. Evaluation Technique (171 words) In this competitive market, it is very important to maintain exceptionally good production and customer services. Implementation of ICOS enhanced competitive advantage to the organisation, thereby maintaining its position. Competitive market requires different and creative ideas to keep up the organisation status. Constant improvement and subsistence enables an organisation to continue with an uplifting business in the market over a longer period of time. According to the changes in market and needs of consumers it is very important for an organisation to keep changing strategies and technologies. Competitive advantage is based on potency to cope up with the rapidly changing market. MS acquired unique skills to overpower its competitors by implementing ICOS. It evaluated the value of competitive advantage. Therefore, it decided to acquire the ordering system which changed and organised its working so much that other competitors couldnt. MS worked on the competitive advantage to combat and sustain in the uncertain market. Competitive advantage empowered MS to grow its profits and give high customer services, thereby conserving the bond . Critical Assessment (281 words) ICOS proved to be boon to the organisations. It replaced the old fashion of ordering through fax or telephone across the units which involved manually entering data. The old process was highly time consuming as well as error prone. The new ordering system entered as an effectual way of providing high customer service, more number of customers handling, quicker response to customer queries, faster processing of orders, and above all having competitive advantage. Integrated Customer Ordering System as set up information flow across all MS outlets and offices to give quality services. MS understood its competitive advantage and focussed on exclusive strategy to sustain in the corporate market. Their sales and advancements have achieved higher levels among competitors. Customers are satisfied by the quick order process, be it in the store or home delivery. Marks and Spencers evaluated utilisation of maximum resources and importance of competitive advantage. Implementation of ICOS helped everybody right from employer to employee to customers. The sharing of data across all units of MS made the work so easily accessible that it could manage very effectively and efficiently. MS has now focussed on development and research for expansion which has come into practice because their information system has made them free from most of the hassles. Now they can tactfully just look forward towards expanding of business. The investments turned out to raise huge profits leading to increase in productivity and also reducing costs. ICOS has proved to be and information system which has given new heights to the company and an ultimate transformation to quality. The investment raised huge profits from this system and it was a transformation to the organisational working and approach. Conclusion (157 words) With the fast growing competition in the corporate market it was very essential for MS to adopt an information system which can handle its data and order processing. All organisations are heading towards acquiring information systems to ease up their work and management. MS required a system which is distinctive and can keep up pace in changing and challenging environment of the competitive market. ICOS provided MS with an altogether different status in the market by upraising profits and giving high returns on investments. It has transformed the organisation and helped in higher productivity, customer loyalty and synchronised working. I could complete my detailed research on this information system by the help of MS manager, Central London where I had worked for 6 months. Its my personal opinion that the ICOS is so efficient and it makes ordering so simple that I almost had to do nothing apart from interacting with the customer or storage unit. References http://corporate.marksandspencer.com/aboutus/ourhistory http://annualreport.marksandspencer.com/operating-financial/financial-review.aspx http://corporate.marksandspencer.com/investors/press_releases/company/19042005_MarksSpencerandAmazonServicesEuropeannounceEcommerceagreement http://homebusiness.about.com/od/growing/a/comp_advantage.htm
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