Currency Act Essay Example | Topics and Well Written Essays - 500 words

Currency Act - Essay Example The government could decide to sidestep the initial referendum because of its own notion that such votes are not legally binding; in this respect it would be correct (Mendelsohn and Parkin 47-51). The fact remains, however, that the original Currency Act held that the pound sterling could not be changed as the official currency of Great Britain until a referendum had been held. By bypassing this element of the original Act, the British government could be held accountable for the changed currency in any way prosecutors saw fit. The change from the pound sterling into the weaker euro could mean that any number of businesses would face monetary challenges in the way of investment, wages and ultimately in profit; if the right people with the means to bring the issue up did so, the government would have to admit it simply ignored the referendum aspect of the original Currency Act. Despite the fact that an amendment or repeal to the Currency Act is, in effect, illegal without referendum, the establishment of the euro as the official currency of Great Britain would not be too difficult a feat if the government was decided on a course of action. This is particularly true because of the European Monetary Institute.

How does Steinbeck prepare us for the tragic ending in Of Mice and Men Essay Example for Free

How does Steinbeck prepare us for the tragic ending in Of Mice and Men Essay Steinbeck prepares us for the tragic ending in of mice and men right the way through the book. Lenny is the focus of all bad things to come and is a central character in the novel. First up there was the incident in Weed where Lenny stroked a womans red dress and she accused Lenny of raping her. This shows they make a habit of running away from places and people when Lenny often gets into trouble. an you aint gonna do no bad things like you did in weed neither. they run us outta weed. Those things show situations for the future and also show the dire situation they are in at the present, they are fugitives with Lenny committing the crimes and George helping him to get away because of their solid companionship in which both are each others only companions. The situation in weed also shows that Lenny likes stroking anything and anyone that is soft and once he has hold of someone or an it he cant let go. This is also shown with the mice where Lenny pets them too hard. uh-uh jus a dead mouse. He doesnt seem to fully understand the value of life nor regret his murders. This is not because he is malicious but because he is in fact mentally ill. His strength is beyond his control and this can create very dangerous situations for him and others around him, maybe even for-seeing murder here. The pups yet another example, this animal is also part of Lennys worrying fetish, here it is shown that he is too dangerous for even bigger animals in chapter five where he kills a pup. Lenny shows violence here towards the pups which he seems to love and have affection for, he thinks if the pup had not died (through no fault of its own) then George wouldve let him tend the rabbits and everything would be smiley again. All Lenny cares about is the rabbits and this predicts that maybe Lenny will do something destructive with the rabbits welfare In mind because he cares about them that much. Ill break their (anyone) god damn necks if they touch the rabbits he says defensively showing aggression. The bad mood Lenny is in sets him up to be calmed down by someone/something. Unfortunately this somebody/something appears to be Curleys wife. Curleys wife is another central character in the preparation of an all tears ending, she messes things for everybody and everything, I knew shed do us in the end George says resignedly after her death. She doesnt show any sign of stopping when she on her role of misery-making and it all leads up to a climax of some sort, and ending maybe to all the pain and suffering each and everybody is going through, putting their minds at rest. Curleys wife flirts as a meaning of talking to normal people, this is because she has not talked to other females and has not obtained any other skill so far in her short life, the men dont like her and thinks shes a tart because of this but still find her attractive and Lenny is no different in this respect, shes purty (pretty) he says with delight while looking at her body up and down, listening to her tender voice and looking at her silky hair, instantly she becomes an obvious unintentional target for Lennys animals like affections and the antics what go with this along with her red dress and red mule feathers which also attracts Lenny. When Curleys wife soothes Lenny and calms him down she doesnt know what shes letting herself in for, she thinks hes a harmless dum-dum. She talks to him in the first place because she is lonely and in return for listening to her Curleys wife lets Lenny stroke her hair which in turn triggers Lennys cant let go approach and he eventually kills her. We almost knew this was going to happen before it did because it resembles the weed incident too closely. Lenny had done a really bad thing George says. A mistake of the highest degree. The death of a human being had occurred. After this George doesnt even consider them going on the run together, here Steinbeck spells out the end of Lennys life indefinitely. George knows that Lenny cant get away with it and says we cant let him get away with it this time showing whats coming up next. Lennys death is now inevitable, George doesnt want Lenny to get hunted down and lynched like a wild animal but wants Lenny to die painlessly and dignified. This calls for Gorge to take control as anyway Lennys death is inevitable George decides to kill Lenny himself, humanely. Candys dog also showed signs of what happened to people who had no use in the ranch-place of work and it got shot just like Lenny would later be. If anything was learnt by the shooting of Lennys dog then it would have to be not to let a stranger kill someone who you care about. George deliberately took Carlsons Luger as he set out of to kill Lenny himself. Steinbeck also uses the scenery to prepare us for the death of Lenny, the surrounding are beautiful, day turns to dusk and everything is moving along swiftly. The wind picks up in the background and a heron takes off this signifies an event is about to take place. The reader always knew that Lenny would die at the brush because thats the place where he would go when he got in trouble and thats how George would find him. George sensed it was going to be needed early on in the novel again preparing us for the ending. In the end the cards mapped out the future in a sad way, while George was playing solitaire which again signifies their loneliness playing a one man game, Lenny picks up a card and asks why the card looks the same both ways up. George replies thats jus the way they make em. He is saying that you cant change what is inevitable just like Lennys impending doom. It is ironic that Lenny asks this question and George gives the answer because that is exactly what happens in the end.

Gender Differences in Multitasking: Texting During Lectures

Gender Differences in Multitasking: Texting During Lectures Today, the communication technology has been growing widely to the extent that we can communicate with each other anytime and anywhere. As long as there is Wi-Fi or network coverage, our smartphones, tablets or computers can be used as a communication tool or a gadgets for us to receive new information in the world. Consequently, this function is so easily accessed by all, we are able to receive text messages, phone calls, emails and social network notifications throughout the whole day. However, this can be either a blessing or a curse. As we are exposed to all these information and entertainments, these can be a distraction in our daily tasks. To be specific, students in college are able to access to all these functions most of the time, it has pushed students to multitask more often in their daily lives. These might interfere with their studies as multitasking involves in switching tasks from one and another as well as the attention (Judd, 2013). In a study done by Wilkes University, 95% of the students bring their phones to college every day and 91% of the students admitted to using their cellphones during lectures (Harris, 2013). This has shown that most students tend to multitask in class as they listen to the lecture and use their phone at the same time for either text messaging, social networking or any other purposes. However, research on multitasking have proven that the human has no ability to perform more than one overlapping task at the same time due to the interference occurs in human information processing system (Levy Paschler, 2001; Wood et al., 2012). In other words, students can hardly concentrate in class if they are using their phone at the same moment. This explanation is consistent to the findings of Bowman, Levine, Waite Gendron (2010) that students who instant message while reading take longer time to finish the task. For generations, the stereotype of women are better at multitasking is debated across the world. Although scientist in University of Pennsylvania has supported this statement by discovering females’ brains are connected from left to right, while men has more intense movement in certain part of the brain (Spencer, 2013), many research done on multitasking has rejected the idea. Buser and Peter (2011) reported that women suffer as much as men while multitasking and have no significant differences in productivity of tasks. Not only that, even Conner, Laws, O’Connor and Stoet (2013) found that women outperform men in multitasking, they pointed out that their results cannot be generalized as the empirical studies on gender differences in multitasking is insufficient. Theoretical Framework Living in this world where we are overwhelmed by all perceptual information, our human information processing system can detect, recognize and identify chunks of stimuli at the same time (Hedge, 2013). As so, in this context, attention has given the model a function to either enhance or inhibit information, in other words, our attention chooses which certain information for further processing or ignore (McClelland, 2007). However, when two information are presented and are asked to process at the same time, the ability to attend both fully will be impaired as there are insufficient capacities in the information processing system; this attempt of trying to focus on multiple stimuli at one time is also known as divided attention (McClelland, 2007). One of the example of divided attention is multitasking, which can be defined as performing more than one task simultaneously or switching from one task to another back and forth (APA, 2006). In the human mind, multitasking is managed by a process called executive control; and to decide which cognitive processes and when it is performed, the executive control system will go through two stages – the goal shifting (decision of what to do) and role activation (action of switching task) (Meyer, Evans Rubinstein, 2001). Hence, people tend to repeatedly switch between tasks to achieve two things at a time without constant awareness; although it might seems productive and efficient, it is explained that multitasking leads to more mistakes and more time consumed as there will be brief mental blocks during switching of tasks (Meyer, Evans Rubinstein, 2001). Past Research Many past research have shown that multitasking in class can lead to poor academic performance. Junco (2012) conducted a research examining the relationship between in-class multitasking and academic performance, by giving out survey forms to a large number of students (N = 1,839) measuring their technology usage in class and internet skill to be compared to their grade point average (GPA). He then reported that constant multitasking in class (which include surfing social networking website, chatting and text messaging) has a significant negative correlation with students’ over semester GPA (Junco, 2012). Additionally, Carrier, Cheevar, Lim and Rosen (2011) did an experimental study on the frequency of text messaging interruption during a lecture has found that students in High texting group (16 messages or more) scored significantly lower than the Moderate texting group (8 to 15 messages) and No or Low texting group (0 to 7 messages) in the quiz after a 30 minute videotaped l ecture. Through the cross-cultural analysis of surveys results on mobile phone etiquette and multitasking in class, it showed that Americans and Chinese students both believe using cellphone in class will not interfere their learning but Americans students find it more appropriate to text in class than the Chinese; additionally, no gender significant difference is found (Rosenfeld, 2014). Many other research have furthered this study by doing an experimental study on multitasking in class with the awareness of cellphone distraction. Even many students did not believe that using their smartphones in class is a distraction from their learning, the scores of the short quiz given after the same lecture between students who use cellphones in class and students who listen to lecture without cellphones have a significant difference where students who anticipate in communication technology have a lower score (Elder, 2013). This result is consistent to the findings of a mixed experimental study on th e relationship between self-regulation, attention and cognition learning ability in classroom learning, which reported that college students who constantly self-regulate tend to have a better cognition learning by sustaining their attention during lecture as they text less (Klausner, Wei Wang, 2012). Besides, during an accounting principle lecture in Columbus State University, the half of 62 students who are allowed to multitask in class in the form of communicating with each other through texting did worse in the exam than the other half of students who are not allowed to use their cellphones during lecture (Ellis, Daniels Jauregui, 2010). Although in this study they did a comparison between male and female, they found that gender has no significant impact on learning ability without taking account of whether they multitask or not (Ellis, Daniels Jauregui, 2010). This research is similar to a recent experimental study which both groups of psychology students, who are asked to text and to switch off their phones during a short 20-minute lecture, are then given a short quiz to test their learning ability; the researchers concluded that texting in class is a strong distraction during lecture like other past research, but no gender comparison is done (Dietz Henrich, 2014). Howeve r, in the research of gender difference on multitasking have shown that women suffer as much as men in divided attention while completing multiple task at the same time and choose to avoid multitasking upon free will (Buser Peter, 2011; Strayer, Ward Watson, 2013). Description of Study Although many research has done on student multitasking capabilities in class (Carrier, Cheever, Lim Rosen, 2011; Ellis, Daniels Jauregui, 2010; Gingerich Lineweaver, 2013) and gender differences in multitasking (Buser Peter, 2011; Conner, Laws, O’Connor Stoet, 2013), there are limited research that compared male and female students’ academic performance if they multitask in class. In this study, we will be examining the gender difference in multitasking during a lecture. The aim of this experimental study is to see whether male or female students can multitask better while learning. All participants recruited for the study will be separated to different groups based on gender and will undergo one experiment each, either texting during lecture or no texting during lecture. As all participants will have to attend a half an hour English Literature class, the no texting group will not be allowed to access to their cellphone. However, for the texting group, each participant will receive a text message every 5 minutes and is required to reply. At the end of the experiments, all four groups of participants will be given a quiz to test their understanding of the lecture. Based on Carpenter et al. (2012) and Ellis, Daniels and Jauregui (2010), we hypothesize that texting in class will lead to a poorer performance in the quiz. Then, based on Buser and Peter (2011) and Strayer, Ward and Watson (2013) on gender differences in multitasking, we hypothesize that there will be no differences in both gender on performance in quiz for texting during lecture. Method Design The independent variable of this study is gender differences in multitasking, with two levels, male and female; the dependent variable is quiz scores. This is a between subject design as the participants will be separated to different groups and only go through one experiment either texting during lecture or no texting during lecture. Participants Approximately 80 male participants and 80 female participants, from all races, will be recruited from different private colleges in Penang for the experiment. This is because all the past research used participants less than this amount. A total of 62 participants of both gender are tested on the study by Ellis, Daniels and Jauregui (2010); and a total of 67 participants are used in the study of Gingerich and Lineweaver (2013). The age of the participants will be 18 to 25 (M = 21.25), which most people in this age attend college. The participants are recruited through purposive sampling where they have to meet the 2 following criteria, enrolling in an undergraduate program and is able to understand English perfectly. The students will be participating the experiment voluntarily. Materials A half an hour lecture of English Literature Studies will be given to all participants. As the participants recruited are from variety of courses, this is to ensure that the students have not been to the lecture before and have no prior knowledge in it. At the end of the experiment, a 20 multiple choice question quiz based on the lecture will be given to the participants to answer. As for the treatment group, a total of 6 text messages will be send to the participants which consists of basic conversation questions, such as â€Å"What is your hobby?† Procedure This experimental study will be done in a big lecturer hall with a clear projector screen and perfect sound system. Before the experiment is conducted, all the participants will be asked to sign the inform consent form. After that, they will be divided into four groups, the male control group, the female control group, the male texting group and the female texting group. The students will be told whether or not they are receiving text messages. For all four groups of experiment (the female control group, the male control group, the female texting group and the male texting group), the lecturer and the English Literature lectures given will be same. However, on the treatment group for both genders, each participant will receive a text message every 5 minutes and they are required to reply the message before the next message comes. After the 30 minutes lecture is finished, all participants will be asked to take a short multiple choice questions quiz based on the class conducted. Once the students have finished the quiz, they are allowed to leave. Statistical Analysis As this experimental study only consist of one independent variable and one dependent variable, the data will be analyzed using SPSS with independent one-way ANOVA; and to see if there is significant differences between two means of independent groups. History: The Act Of God Defence History: The Act Of God Defence The Law of Tort is a developing and ever dynamic field and is a conception evolving through centuries. This field is used with principles under which tortuous liability can be demanded. Simultaneously, certain other principles are used, to oppose these claims for compensation. These counter claims, or defences are used to evict those innocent citizens from tortious liability who have been unfairly implicated with claims imposed on them. These defences were framed from time to time to keep up with the very basis of imposition of tortious liability on an individual- i.e, creating a sense of deterrence while keeping up with the basic values of justice. One such defence which will be discussed elaborately with cases subsequently is ACT OF GOD. MEANING Act of God means an event which happens independently of human action such as death from natural causes (Actus dei nemini facit injuriam), storm, earthquake, tides, volcanic eruptions etc., which no human foresight or skill could reasonably be expected to anticipate. For example, damage from a tornado or a lightning strike would be considered an act of God. Damage would not be considered an act of God if it is caused by the property owner. Vis is a Latin word meaning any kind of force, violence or disturbance to person or property. Vis major is an act of God. The doctrine states that a person is absolved of liability if it was directly caused by vis major. LEGAL DEFINITION Act of God was first judicially defined in Tennet v. Earl of Glosgow Lord Westbury, was first recognised by Blackburn J. in Rylands v. Fletcher and was first applied in Nichols v. Marsland and many other cases. Blacks Law Dictionary defines an act of God as An act occasioned exclusively by violence of nature without the interference of any human agency. A natural necessity proceeding from physical causes alone without the intervention of man. It is an accident which could not have been occasioned by human agency but proceeded from physical causes alone. Vis major is similarly defined, as A greater or superior force; an irresistible force. A loss that results immediately from a natural cause without the intervention of man, and could not have been prevented by the exercise of prudence, diligence, and care. According to Salmond act of God includes those acts which a man cannot avoid even by taking reasonable care. Such accidents are are the result of natural forces and are incoherent with the agency of man. Thus it is an act which is due to natural causes directly and exclusively without human intervention, and that it could not have been prevented by any amount of foresight and pains and care reasonably to have been expected from him i.e. the defendant . Accor ding to Lord Mansfield, it is something in opposition to the act of man. Conclusion: It has been said that it would be probably never be capable of complete, exact unassailable definition. But it has also been said that this untheological expression is well understood by lawyers. It is such a direct, violent , sudden act of nature that no man could forsee and if he can, he cant prevent it. ELEMENTS NATURAL CAUSES An act of God is an uncommon, extraordinary and unforeseen manifestation of the forces of nature, or a misfortune or accident arising from inevitable necessity. An act of god cannot be prevented by reasonable human foresight and care. The effect of ordinary natural causes may be foreseen and avoided by the exercise of human care. For example, the fact that rain will leak through a defective roof is foreseeable. In case of foreseeable causes, failure to take the necessary precautions constitutes negligence, and the party injured in the accident may be entitled to damages. An act of God, however, is so extraordinary and devoid of human agency that reasonable care would not avoid the consequences. Therefore in such cases the injured party has no right to damages. Acts of god are generally attributable to forces of nature. They are generally in the nature of accidents caused by tornadoes, perils of the sea, extraordinary floods, and severe ice storms. Snowstorms of great violence have been held to be acts of God. Whether freezes are acts of God depend on the locality and season of the year in which they occur, i.e., their foreseeability is affected to a greater extent than other natural occurrences by these factors. Catastrophic earthquakes and volcanic eruptions should be defined as acts of God since they measure up to the accepted definitions of act of God in every respect. However, fires are generally not considered acts of god unless they are caused by lightning. Whether or not a particular natural event warrants such an adjective is a function of such things as the intensity of the event, characteristics of the area, and climatic history. UNUSUAL VIOLENCE- BOTH SUDDEN AND IRRESISTIBLE AN OCCURRENCE NOT REASONABLY FORSEEABLE The basic and prime element of an act of god is the happening of an unforeseeable event. For this, if the harm or loss was caused by a foreseeable accident that could have been prevented, the party who suffered the injury has the right to compensation. However, the damage caused by an unforeseen and uncontrollable natural event is not compensable as it could not have been prevented or avoided by foresight or prudence of man. Moreover, courts are of the opinion that the act of God defence exists only if the event is so exceptional and could not have been anticipated or expected by the long history of climate variations in the locality. It is constructed by only the memory of man i.e. recorded history. The courts may even demand expert testimonies to prove that an event was unforeseeable. IMPOSSIBLE TO PREVENT BY ANY REASONABLE PRECAUTIONS AND ABSENCE OF HUMAN AGENCY CAUSING THE ALLEGED DAMAGE It means practically impossible to resist. Negligence constitutes failure to take the necessary precautions. In an incident where a human factor was present, even though the harm could not be prevented, the fact that the human factor exercised reasonable care and precautions to prevent the harm has to be proved if the defence of act of God has to prevail. If negligence is alleged and proved, the defence of act of God will fail. If a home owner was negligent in properly maintaining a tree that fell on a passerby, he cannot be exempted from liability by act of God principle. In Clark v. Multnomah, the Court made a decision that the flooding of a house was not an act of God where it was caused by the breakage of a pipe fitting in the house. The cause of harm was evidenced by the fact that a repairman had worked with the part that broke just hours earlier. ESSENTIALS There must be operation of natural forces like exceptional rainfall, storms, tempests etc. without any human intervention. The incident must be extraordinary and not which could be anticipated and reasonably be guarded. ORIGIN HISTORICAL EVOLUTION The term act of God occurs and is described in holy texts dating back to the 13th century, specifically referring to acts that God has undertaken. The act of God referred is that which is used in legal and insurance circles when discussing any act which is outside human control and governance and therefore not the responsibility of any individual or corporation. The term was first used in this way in the mid-19th century. Peter Simmonds Dictionary of Trade Products, 1858, uses the term: Force-majeure, a French commercial term for unavoidable accidents in the transport of goods, from superior force, the act of God, etc. In July 1803, The Times included this legal ruling given in a court case by Lord Ellenborough, which is in terms that we are now familiar with from our own household insurance policies: By Common Law, Carriers are insurers against every loss of property entrusted to their care, except losses arising from the Act of God, or the Kings enemies. Earthquakes, floods, hurricanes, tornadoes, wildfires, drought and a deadly tsunami are a long series of natural calamities of seemingly large proportions have been witnessed by us . Lives are lost, properties destroyed , and emotions shattered when these forces of nature tragically strike. The natures blow may be so intense that it may come as a total shock and baffle both to the direct victims of the disaster and, subsequently, to the accused tortfeasors Defendants are quick to claim act of God as a defence to these lawsuits. For three centuries, the act of God defence has been accepted in negligence and strict liability cases. Act of God, as a legal concept shows up not only as a defence, but also in discussions of duty and causation. At first glance, the act of God defence seems a simple, direct concept with few gradations or intricacies. Consequently, all too often, many lawyers have misused the phrase act of God to mean any unfortunate act of nature. In a sixteenth century opin ion, in the Shellys Case best known for the famous property law doctrine, the court wrote in terms of performance becoming impossible by an act of God, which was the death of one of the parties. In an attempt to give life to this notion of fairness, the courts in Shelleys Case and other early decisions drew lines between those acts which were natural and those which were caused by man, so as to forgive man for those acts that were beyond his anticipation or control. The court stated: It would be unreasonable that those things which are inevitable by the Act of God, which no industry can avoid, nor policy prevent should be construed to the prejudice of any person in whom there was no laches. No further explanation of the phrase, Act of God, was provided by the court. The phrase again appeared in the 1702 case of Coggs v. Bernard, which invoked liability for a bailment by a common carrier. Justice Powell opined that a bailee shall answer accidents, as if the goods were stolen; but not such accidents and casualties as happen by the act of God, as fire, tempest for the bailee is not bound, upon any undertaking against the act of God. The act of God defence expanded from common carriers into other areas of strict liability. The Courts then extended the act of God defence to cases of negligence. The act of God defence received prominence in decisions construing the common-law liability of common carriers who were treated as insurers of the goods they carried. In 1785, Lord Mansfield delivered a unanimous opinion in Forwardv. Pittard which involved an accidental fire for which the carrier was in no way at fault. The court clearly established a rule of strict liability for common carriers: It appears from all the cases for 100 years back, that there are events for which the carrier is liable independent of his contract. Again, in Forward, the English courts limited the act of God defence by excluding acts of man. In addition, the burden of proof was shifted from the plaintiff to the defendant to establish the existence of the act of God defence. Although the courts subsequently split on the liability issue for common carriers whose delay subjected its freight to damage from an act of God, there was a consensus that liability would result if the common carriers knew that the force of nature was coming. CASE LAW: In Nichols v. Marsland(1875)( Discussed in judicial cases section) APPLICATION Act of God is often a difficult defence to establish. It requires both the exclusion of human agency and unforeseeability to establish an act of God. For an event to be a legal act of God, the natural event must have been the sole and immediate cause of the injury, with no co-operation of man, or any admixture of human means. Generally speaking, then, the vis major defence can apply to a case involving damage or harm by a natural force, but only in circumstances in which that force is strong enough to overcome and nullify any potential contributory cause by a human agency. The issue is whether the magnitude of force is reasonably foreseeable such that a defendant should have taken precautions to avoid personal injury or property damage resulting from it. For example, a 55-mile-per-hour wind gust, though rare, is reasonably foreseeable in Wisconsin. However, a 200-mile-per-hour tornadic wind is probably not; the vis major defence would apply to personal injury or property damage caused by such a force, even if a human agency (for example, a product such as a window or door) was involved. With respect to rain: An hourly rainfall of three inches, while heavy, is not unforeseeable in Wisconsin; an eight-inch hourly rainfall probably is. A basement collapse would probably implicate the vis major defence in favour of a basement contractor in the latter circumstance but not in the former circumstance. When property damage or personal injury is caused in part by a natural force and in part by a human instrumentality, the plaintiff should argue that the natural force was foreseeable and should have been anticipated in a manner that would have avoided the damage. The defendant then has the burden to establish that the natural-force component of the cause was so huge and so monumental that it was not reasonably foreseeable. The point is that the occurrence of natural phenomenon need not be unique, nor need it be one that happens for the first time; it is enough that it is extraordinary or exceptional and so as it could not be reasonably anticipated and also it must be free from human conduct. The word vis major imports something abnormal and with reference to the context means that the property by the act of God has been rendered useless, for the time being i.e. it was rendered incapable of any enjoyment. Vis Major to afford a defence must be the immediate cause, the causa causans, and not merely a causa sine qua non of the damage complained of. The mere fact that vis major co-existed or followed on the negligence is no adequate defence. Before an act of God may be admitted as an excuse the defendant must himself have done all he is bound to do. The legal maxim Actus dei nemini facit injuriam means the Law holds no man responsible for the act of God. The important thing in regard to vis major is not the positive intervention of natural forces but a process of nature not due to the act of man and it is this negative side which deserves emphasis. It is thus a negation of liability. Complete exclusion of human cause is a difficult standard for a defendant to overcome, which likely explains why the defence is not commonly argued or upheld. As a result, modern courts sometimes characterize acts of God as unavoidable accidents because, although the terms often are synonymous, unavoidable accidents need not be free from human agency. ACT OF GOD AND INEVITABLE ACCIDENT DISTINGUISHED Every act of God is an inevitable accident but not vice versa. An Act of God is discrete and distinct from inevitable accident. In order that an accident may be an act of God it must have followed directly from natural causes without human intervention. In Nugent v. Smith, Cockburn, C.J. said All causes of inevitable accident, casus fortuitous meaning an uncontrollable accident, may be divided into two classes: Those which are occurred by elementary forces of nature not connected with the agency of man or other cause [Act of God] Those which arises either wholly or in part by agency of man. [Inevitable Accident] Example- 1. If a ship is pushed ashore by a violent storm, this is the Act of God; but if it is run ashore during a fog by mistake, however unavoidable on the part of captain, this is the act of man. If a building is set on fire by lightning, this is an act of God; but not so if it is done by human through falling of a lamp even though this was due to no negligence. INEVITABLE ACCIDENT ACT OF GOD Could not be prevented by the exercise of ordinary care, caution and skill A direct violent, sudden and irresistible act of nature as could not, by any amount of human care and skill have been resisted is Act of God. May be controlled by human beings 2. Not controlled by human beings. 3. Strict liability can be imposed on the tortious liability occurred due to inevitable accidents 3. Even strict liability can also not be Imposed in cases of torts arising out of acts of Gods 4. The courts have discretionary power in determining the defendants tortuous liability 4. No discretionary power Conclusion : The defence of inevitable accident is a more general defence and is distinct from the act of God in so far as it is dependent on human agency and not on natural forces and in the degree of unexpectability. ACT OF GOD NEGLIGENCE Negligence, in law, especially tort law, is the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances. Both these defences (act of God Negligence) are based on reasonable foreseeability. In terms of foreseeability, the question is not whether a similar event has occurred before, but whether the risk that this particular mishap may occur is foreseeable. Thus, a flood, earthquake, hurricane, or other natural force need not have previously struck a particular location for negligence to exist. Liability may still exist if reasonable design, construction, operation, inspection, or maintenance. For a plaintiff to recover damages, this action or failure must be the proximate cause of an injury, and actual loss must occur. In cases of joint causation, where both human negligence and act of God have a role to play, the traditional sine qua non (but for), substantial factor, or legal causation tests apply. If the act of God is so overwhelming that its own force produces the injury independent of the defendants negligence, then the defendant will not be liable. If the damages suffered are incurred solely due to natural causes without any known fault, there is no liability because of the act of God. There are two ways of viewing this situation. The act of God either supersedes the defendants negligence, or the defendants negligent act is not a cause in fact of the injury. In either case, the defendants act did not cause the damage since the injury would have occurred anyway. The party injured in the accident may be entitled to damages. An act of God, however, is so extraordinary and devoid of human agency that reasonable care would not avoid the consequences; hence, the injured party has no right to damages. Accidents caused by tornadoes, perils of the sea, extraordinary floods, and severe ice storms are usually considered acts of God, but fires are not so considered unless they are caused by lightning. JUDICIAL CASES Nichols v. Marsland  [1]   In this case, The defendant had constructed certain artificial lakes on her land by damming up a natural stream at appoint higher up than the defendants land. An extraordinary rainfall, greater and more violent than any within the memory of witnesses, caused the stream and lakes to swell to such an extent that the artificial banks burst and the escaping water rushed on to the plaintiffs land and carried away four county bridges. Nichols, the plaintiff brought an action for damages on the plea that the defendant was liable under the rule in Rylands v. Fletcher  [2]  . HELD: The contention was rejected and the defendant was held not liable. The Court of Exchequer Chamber held that she ought not to be liable for an extraordinary act of nature which she could not reasonably foresee. It was said that one is only bound to provide against the ordinary operations of nature, but not against her miracles. Greenock Corpn. V. Caledonian Railway Co.  [3]   The facts were that the corporation in laying out a park constructed a pool for children in the bed of a stream and there altere its course and obstructed its natural flow. Owing to rainfall of extraordinary intensity, the stream overflowed at the pond and great volume of water poured down a streetand flooded down the property of a railway company. HELD: It was held that this was not damnum fatale and the Corp. was liable. Nichols case was distinguished on the ground that in that case it was the storing of water in a reservoir and not with interference with the course of natural stream and that anyone who does interfere with it must provide against even an extraordinary rainfall. State of Mysore v. Ramachandra  [4]   In this case, the State had constructed a reservoir for the supply of drinking water for the villagers of Nipani. But the construction was not completed and the over-flow channel linked with reservoir was partially constructed. Land and crops were damaged due to flow of water resulted from rain. The plaintiff filed the suit for damages. HELD: The State resisted the suit that it was the act of God. But, the court rejected the defence and observed Assuming an act of God such as flood wholly unprecedented, the damage in such a case results not from the act of man in that he failed to provide a channel sufficient to meet the contingency of the act of God. But for the act of man there would have been no damage from the act of God. T. Gajayalakshmi v. Secretary, PWD, Govt. of T.N.  [5]   The deceased, a cyclist, who was going on his way was electrocuted by the falling of an overhead electric wire. HELD: The court rejected the contention of Electricity board that it was an unexpected event due to rain and wind and that the snapping of the electric wire was an act of God. It also rejected the plea that the death took place due to the negligence of the deceased in his leaving the home that day in rain and wind. Mahindra Nath Mukherjee v. Mathuradas Chaturbhuj  [6]  . A cinema advertising board was placed on the roof of the defendant which fell down and injured the plaintiff. Plaintiff brought a suit against the defendant and contended that the board fell due to storm of unusual severity. But, it was observed that during the season of monsoon a storm of this magnitude is not uncommon. The defendant had not ensured or foresee that the fixing of banner on such a height is strong enough to face the pressure of storm during monsoon season. The Calcutta High Court held that such a storm cannot be said to be so unexpected that no human foresight could reasonably be expected to anticipate it and cannot be regarded as vis major or act of God. Hence, the suit was allowed and the defendant was found negligent. Before the act of God can be admitted the defendant could have taken reasonable care and done all that what he was bound to do. Kallulal v. Hemchand  [7]   The defendant constructed a building and it was collapsed and as a result of it, two sons of the plaintiff were dead. Before the day the building collapsed there was a heavy rain. The defendant pleaded the rain as an act of God HELD: The court observed that the Acts of God must be apparent on the face of the records. They must be known and affect largely to entire public. The defendant was held liable. The act of God or vis major can also be explained mathematically as follows: (i) Unprecedented + Unforeseen + Irresistible = Act of God (As it has been discussed in this Chapter in the cases Nichols v. Marsland; Mahindranath v. Mathura Dass) (ii) Unprecedented + Foreseen + Irresistible + Act of God (Nichols v. Marsland case) (iii) Precedented + Unforeseen + Irresistible = Act of God (Greenock Corporation case) (iv) Precedented + Foreseen + Irresistible = Act of God (Greenock Corporation and Mahindranath cases) EXAMINING ACT OF GOD PRESENT SITUATION Vis Major as a defence depends on two ; lack of predictability and lack of control. If either criteria is missing, the defence fails. Both were solidly based for centuries on the lack of scientific knowledge. Man not only lacked the ability to predict the forces of nature, but also the ability to guard against, control, or otherwise minimize their impacts. In the words of the ancient mime writer Publilius, it is vain to look for a defence against lightning. Today, foreseeability is based not only upon the past, but also upon that which modern technology and science allow us to project into the future. Science has advanced to the point where we can understand many forces of nature, such as precipitation and flooding. Historically, we know which areas have been subjected to specific forces of nature. Scientifically, we can predict the areas which may be subjected to such forces. At first glance, the act of God defence should continue to play a role in strict liability cases. Part of th e underlying purpose of the act of God doctrine was to ameliorate strict liability. In strict liability a number of exceptions have evolved. Whether a particular occurrence amounts to an Act of God is a question of fact, but the ambit of this defence is somewhat restricted. Increased knowledge seems to limit the unpredictable. Natural hazards are no longer a mystery to us. Hence, the applicability of the act of God defence has shrunk in inverse proportion to rapidly expanding concepts of foreseeability. Conversely, environmental changes at the global level have left some scope for Vis Major as a defence. Unforeseen disasters like the July 26, 2005 floods in Mumbai or the devastating Tsunami on 26 December 2004, which was the result of severe earthquake with its epicentre at Indonesia can still be attributed to acts of God. These disasters were completely unforeseen and any prior intimation about the same would not have helped bring the situation under control. Such natural catastrop he has left some scope for the use of Act of God as a defence. Flaws in The Common Laws Approach to The Act Of God Defence 1. The Problem of Increasing Event Foreseeability In terms of Event Foreseeability, there are two independent trends which suggest a strong possibility that climatic events which historically qualified as Acts of God may become increasingly foreseeable: improved meteorological techniques and the effects of climate change. It is undeniable that there is increased data available and increased forecasting powers inherent in the continuing development of meteorological science. This trend has two impacts on the foreseeability of such climatic events for purposes of the Act of God defence: (1) defendants can increasingly know that the hurricane or storm is coming with time to take some precautionary steps in response because they will be warned of it (so that it will be more difficult to say that the event was unexpected or unanticipated); and (2) climatic data of past storms will continue to accumulate (so as to support conclusions that the event is not unusual for the location at that time of year). In short, the climatic events which historically may have been considered Acts of God will be more foreseeable in the future and thus less likely to support the defence simply because we will know more and more about the weather. In short, as climatic change increases the frequency and intensity of hurricanes, heavy storms, and the flooding associated with such climatic events, it appears that it will be harder for defendants to claim that the events themselves or the consequences of those events were not foreseeable. Thus, the defence is likely to be diminished in its utility simply because it will be harder to satisfy the legal requirements relating to the Event Foreseeability necessary to invoke the defence 2. The Problem of Response Forseeability As the climatic events themselves become more foreseeable, Response Forseeability becomes more critical to the Act of God defence because the burden is on the defendant to show that it took reasonable precautions in light of the foreseeable risk. It is here that foreseeability in the context of the Act of God defence really breaks down because of the inability of the defendant to foresee what the adequate response is before the climatic event occurs. To illustrate the problem, consider a fact pattern taken from the Act of God case law: a warehouseman holding goods for a customer in a Gulf Coast state in which a hurricane could strike. Given that a significant climatic event (i.e. a hurricane in the Gulf) is foreseeable, the court will have to analyze whether the defendants actions were reasonable in light of the foreseeable risk. CONCLUSION Although the act of God defence that a defendant is insulated from liability for personal injury or property damages caused by a natural cause is rarely used, it may become more common and general in the future if predictions of disastrous weather events caused by global warming prove true. One prediction related to global warming is that catastrophic weather events such as hurricanes, tornados, and torrential rains will occur more often. All of these have the potential for causing extensive personal injury and property damage and consequently mental trauma. Therein lie the core for more frequent, common and general use of the vis major defence. Is it still viable? How might it apply as a defence to tort? The act of God defence is as common today as ever. Though, it is still not relied on very often, likely because of the difficulty of proving that human elements played no role in causing an injury. The potential application of vis major will expand if meteorological predictions concerning climate change through global warming come to accomplishment and realization. However, as these events become more common, the standard of what constitutes a reasonably foreseeable natural force will doubtless itself expand. This again would confine application of the vis major defence insofar as defendants become obligated to anticipate and account for effects of more extreme and dangerous natural phenomena, especially those associated with the weather. However, in the era of global climate change, courts can hardly pretend that causation can be determined to be natural or human. Storm patterns and frequencies are changing. Growing seasons are shifting. Glaciers are melting and seas rising. Global climate change will present courts with the kinds of difficult factual situations that make it impossible to pretend the old act of God divide should stand untouched. Even though a particular defendant in a given case may not have been demonstrably at fault, the act of God doctrine remains analytically flawed because it requires that nature be the sole cause of a phenomenon to the exclusion of all human action

Joseph-Louis Lagrange Essay -- essays research papers

Joseph-Louis Lagrange   Ã‚  Ã‚  Ã‚  Ã‚  Joseph-Louis Lagrange was born on January 25, 1736 in Turin, Sardinia-Piedmont (which is now known as Italy). He studied at the College of Turin where his favorite subject was classic Latin. After reading Halley’s 1693 work on the use of algebra in optics Lagrange became very interested in mathematics and astronomy. Unfortunately for Lagrange he did not have the benefit of studying with the leading mathematicians, so he became self-motivated and was self-taught. Then in 1754 he got the opportunity to publish his first mathematical work, which was an analogy between the binomial theorem and the successive derivatives of the product functions. Lagrange sent some of his works to Euler and impressed him greatly. Euler was so overcome that by his work that he appointed Lagrange professor of mathematics at the Royal Artillery School in Turin. Then in 1756 he was elected to the Berlin Academy. This then led Lagrange being a founding member of what would eventually become the Royal Academy of Science in Turin. In 1766, Lagrange accepted Euler’s position as the director of the Berlin Academy. While director of the academy Lagrange produced some of his greatest work. In 1772 he shared a prize with Euler on the three body problems. Two years later he won a prize on the motion of the moon, and then in 1780 he won a prize on perturbations of the orbits of comets by the planets. Lagrange was made a member of the committee of the Academi...

Health Care Interview

There are many components to a hospital or medical facility. All of them are necessary to have a properly functioning environment. The emergency department of a hospital is a fast paced world. You have to be constantly on your toes and prepared for whatever may come through the doors. There are many people that work in an emergency room to make it run smoothly. Techs, nurses, CNA’s, LVN’s, and doctors all work side by side to help those who are critically injured. Without all these people it would be complete chaos. Triage is usually the first step of the emergency room and helps determine severity of each patient. Once through triage, the patient is either sent to a different area of emergency or another part of the hospital. The emergency department is usually broken down into different parts as well. Typically, there is a trauma area, an area for those less urgent, resuscitation areas, and even a psychiatric area. Trauma is reserved for those with life threatening injuries or illness and is always stocked with the equipment needed for these cases. Resuscitation areas are for those who come in unconscious or DOA (dead on arrival). These rooms are equipped with all the equipment necessary to try and save someone’s life. There are many things done in an emergency department. Vitals are the usually the first thing when a patient comes into the emergency room. An injury or illness may not be immediately visible; vitals are an easy way to see if anything is out of the ordinary right off the bat. When injury is more apparent, like a broken bone, x-rays can be done right in the emergency room. EKG’s are often performed on those complaining of chest pain. The emergency room also does the simple stuff like suturing wounds or doing ultrasounds. As you can see there is not much the emergency room cannot do. It is the center of the hospital. My interviewee specifically works in the emergency department of Valley Children’s Hospital. Although the primary patients are children eighteen years of age and younger, they will accept all patients until stabilized and able to be transported to the correct hospital. A children’s hospital is a type of specialty hospital. There are many other types of specialty hospitals, but this type specifically caters to children. The emergency at this hospital sees many different types of injuries and illness. Although, this hospital is well known for seeing the sickest children from Bakersfield to Sacramento, they care for kids with rare cancers and other life threatening illnesses. I chose to interview Jeff Gonzales who is a technician in the emergency room. Upon starting the interview, I quickly got the feeling that the technicians do a lot more than I would have thought. The technicians are usually the first person the patient deals with. They start the initial work up and take the vitals. After the nurses and doctors have decided on a proper course of treatment, the technicians often help with the procedures or getting the patient to the correct area of the hospital. The technicians may also draw blood for cultures or even splint a patient. â€Å"We are kind of all over the place, go where I am needed and help where I can,† explains Jeff. Like any good profession these days, there is some education that is required to attain a position like this. Jeff went to school for phlebotomy and was originally planning on being a fire fighter. After gaining the emergency training from the fire academy, Jeff was unfortunately injured and could no longer go after that career. However, his emergency training comes in handy for the emergency room, he states, â€Å"you have to be prepared for anything, having the EMT training helps me when things get hectic. † As for additional training, the only thing that needs to be kept to date is his phlebotomy license. All other training is provided by the hospital and is typically done on an annual basis. Working in an environment with so many different people could cause problems. You have to learn to trust your coworkers and work together to the best of your ability. Letting management know about any problems right away helps a lot because the issues can get addressed immediately. â€Å"Like any job, there may be that one person you do not get along with, but as long as you do your best to just do your job and avoid drama, you will be okay,† he says. Taking care of the patients is always the number one priority in hospitals. Jeff informed me that the best way to make it through the day is to be compassionate and have patience. Dealing with children can be hard, especially to those who have children of their own. When we lose a patient, it is hard not to take it personally,† he says. That is where the compassion comes in. Losing anyone is not a happy time, but dealing with children, it is difficult to not get attached. Being patient is important because you are dealing with kids. â€Å"Sometimes the children do not understand what we are asking o r why we are poking them, so being patient is very important,† says Jeff. Although there are many changes starting to roll out in health care, Jeff informed me that he has not personally experienced any of them so far. He explained that most of the changes occurring in his place of employment were in upper positions. He did mention that he thinks that technology has come a long way in the medical field and is heading the right direction. Electronic medical records have made every aspect of patient care easier and improved communication between doctors. Also, the advances in surgery have also made things in the emergency room easier. With lasers and other computer controlled surgeries, the turnaround for recovery is much lower and often times an overnight stay is not even necessary. After taking a deeper look into this department of a hospital it is easy to understand why it is so important. Without an emergency department, trauma and critically ill patients would have nowhere to go. With so many people in on place it is hard to keep things organized. All the parts of the department must function like a well-oiled machine to keep up with the chaos that occurs in emergency rooms. The teams of medical professionals have big responsibilities to their patients, especially the children.

Management Tools and Technique

Management Tools and Technique Decisions form a critical part of management in an organization. Both individuals and organizations often make decisions on particular issues. Each decision that is taken by an individual or an organization is associated with some consequences. The impacts of a decision can be positive or negative.Advertising We will write a custom essay sample on Management Tools and Technique specifically for you for only $16.05 $11/page Learn More Consequently, it is important to evaluate the various available options in order to arrive at the best decision. This calls for an effective and efficient decision The population of America consists of Whites, Blacks and the rich. In figure 1, set A can represent the Whites. Set B can represent the Blacks while the rich can be represented by set C. Thus the African-Americans will be found in the area marked 1 since they have attributes of both races. Blacks who are also rich will be found in the area marked 2 since the area cons ist of elements whose attributes are found in set B and C. Whites who are also rich will be found in the area marked 3. Finally, the area marked X consists of African-Americans who are also rich since the elements in this area have the attributes of all sets. Members of the population who do not have any of the above attributes will be found in the area outside the circles. Advantages and Limitations of Venn Diagrams Advantages First, the diagrams are easy to construct and interpret (Haan Koppelaars, 2007). The Venn diagrams represent the outcome of an analysis of the characteristics of a given set of variables. Thus it is easy to get the needed information without further analysis. Second, the use of Venn diagrams help in eliminating the bias attributed to prejudice and personal opinion.Advertising We will write a custom essay sample on Management Tools and Technique specifically for you for only $16.05 $11/page Learn More This is because the classificati on of elements in the sets depends on facts that describe the attributes of the elements (William Edwards, 2004). Finally, Venn diagrams can be used in any decision making process that involves determining the relationship between attributes of variables. Therefore, Venn diagrams can be used in any analysis that involves comparing and contrasting the attributes of variables. Limitation First, the size of each set can not be determined in a Venn diagram (Haan Koppelaars, 2007). For example, in the above illustration it is only possible to get information on the characteristics of the population of America. However, it is not possible to tell the number of Whites or Black form the Venn diagram. Second, Venn diagrams tend to be visually complex when several circles are used to represent sets. This makes it difficult to interpret the outcome of the analysis. Finally, Venn diagrams depend on other tools of analysis such as classification and statistical analysis. Without such tools, it is not possible to get the information that is needed to develop various sets. Besides, the information obtained form the Venn diagrams will not be reliable if the classification was not done correctly (Haan Koppelaars, 2007). Thus Venn diagrams can not be used in cases whereby the information on the size of the set is needed. It is also not possible to use Venn diagrams for mathematical analysis. In the contrary, mathematical analysis can be used to get information on the attributes of elements in a given set. References Haan, L., Koppelaars, T. (2007). Applied mathematics for database professionals . New York: Apress. William, A., Edwards, F. (2004). Cogwheels of the mind: the story of Venn diagrams. Balitmore: JHU Press.

Business Management Essay Essays

Business Management Essay Essays Business Management Essay Paper Business Management Essay Paper The issue of managing the business is serious. It requires the availability of a specific experience and ability to multitask. A successful business requires full dedication as well as constant involvement. A person who runs a company or is a head of a project has to be concentrated and accumulate in different circumstances and conditions. Only, in this case, you will have a chance to launch a successful business. A business management essay is a type of written assignments, which presupposes the discussion of various situations and nuances, which faces an entrepreneur. What is more, this type of paper comprises a set of effective rules helping to run the business. It also includes the discussion of various issues related to entrepreneurs activity. Also,  it can present either the overlook or analysis of a specific situation. It should compulsorily describe the possible solution to the problem. The business management essay should be highly informative and sense loaded as people consult it as a source of advice. One has to approach this task seriously. An author also will need availability of specific writing experience as well as critical thinking skills. Preparation of this paper requires in-depth knowledge of the market and the business sphere. One has to be able to think analytically and cope with the biased situation. By nature, this type of paper resembles an analytical and descriptive essay with the elements of evaluative analysis. A person working on this assignments also has to possess well-polished writing skills and be qualified in management issues to produce an informative and relevant piece of info. All in all, a business management essay is a complicated type of assignment, and a writer should prepare for its writing seriously. How to write business management essay? A task to prepare business management receive students studying business or management. They have either to analyze a specific market niche or elaborate a business model for a specific project. It is a task for people, who can think out of the box and find non-standards approaches and solutions. It is a great way to examine, how the student perceived a specific course. Also it helps evaluate his abilities to operate the gained info. That is why professors of colleges, universities and business school demand from student preparation of these assignments. To write a business management essay, an author needs to perform a few steps enabling to create an informative assignment. The primary step presupposes the choice or formulation of the topic. One has to concentrate on a specific aspect or introduce a new concept. A writer has to pick the topic carefully as it defines the overall quality and content. It can also serve as an attention-grabbing factor that will attract a target reader. Apart from that, a writer should take care of an enhancement of the text with the plenty of examples. It will help to reinforce the ideas, create many supportive statements and proofs. Apart from content, a writer should take care of the structure of the essay. A prolific strategy is the creation of an outline. It is a great way to put one’s ideas and thoughts into logical order. What is more, it allows presenting info in a condensed form, avoiding cluttering the paper with the useless info. To get enough material and data, one can conduct small research. It will allow gathering all the necessary info. The structure of the business management essay Each type of academic papers has its structural peculiarities. A reader should follow and preserve them. This type of composition comprises the introductory part with a synopsis of a theory, main body with examples and explanatory notes and conclusions summarizing all the points. Each of these sections has its peculiarities and nuances, which an author should take into account while preparing the essay. Primarily, a writer should compile an introductory part. An opening part should be effectively written. The first sentence should provide the general information relevant to the topic. It should give a background for the target reader so that he can understand what if he will receive further in the text. After that, the author has to present the hook sentence. It should be attention-grabbing and effective. The last sentence of the introductory part should present a thesis the spine for the future writing. The next section is called the main body. In the main body, a writer has to present many persuasive arguments supporting the thesis. The arguments should be enhanced with bright examples illustrating the precious statements. The last section of the business management essay is the concluding part. It should present the summary of the main points presented in the composition. What is more, there should be a rephrasing of a thesis sentence. All in all a paper should be compiled logically and coherently. An author has to include only the relevant to the topic info allowing to illustrate and enhance the central thesis. Ability to think creatively would be a benefit. A good strategy will be to add real-life facts and examples to make the text more interesting for a target reader. You can get a business management essay on paperap.com The task to prepare a business managements essay is very serious and requires the availability of profound writing experience. That is why students start looking for essay writing services, which can provide qualified assistance with the creation of a business management essay. On the web exists a variety of business plan writing services, which can provide help with the creation of this type of essay. However, not all of them are credible and reputable enough. paperap.com is a perfect assistant that will help you with the creation of business management essay. We are the credible and reliable platform offering around the clock assistance with all types of written papers. The service hires the crew of advanced authors, who can quickly cope with the task of any level of complexity. We offer many significant benefits, which make our platform worth choosing. Here you can order an essay and receive it within the shortest terms. On the website exists a support team, which is ready to provide consultations at any time. You may ask a question and receive an immediate answer as the department functions in a live chat regime. Choose paperap.com and get the best business management essay from a credible and reliable platform! To get a paper, you need to make an order. To do that, enter the website and fill in the ordering form. There you have to indicate all the essential details. Insert your title, list of references and mention the requirements. After that, you have to provide the payment. The specialists will prepare your essays in accordance with the deadline you mentioned. Contact paperap.com and get the best business management essay here!

Take Care with Connotation

Take Care with Connotation Take Care with Connotation Take Care with Connotation By Mark Nichol The English language is notable for the abundance of synonyms for many words, which enriches prose by offering opportunities for elegant variation, the use of synonyms to avoid repetitive use of one word. Another benefit is that the writer can select a particular synonym to express connotation, the implication of a sense or value for a word. For example, eager and anxious are often used interchangeably to indicate someone’s anticipation of an impending event. However, eager implies that the person looks forward to the occurrence, while the connotation of anxious is that they dread it. (Unfortunately, this distinction is weakening in modern English usage.) The careful writer takes note not only of a word’s meaning but also its connotation, because failure to do so can obscure the writer’s intent. Various synonyms for thin used to describe a person, for example, have a wide variety of connotations. A slender person is one with a pleasing economy of form, and svelte adds a sense of fashionable presentation. A skinny person, meanwhile, is excessively thin, and gaunt emphasizes an unhealthful state. Wiry, meanwhile, connotes a tough, lean build acquired through hard work, while lithe suggests a graceful quality. By the same token, it’s one thing to say someone is confident, but cocksure is a negative appraisal. A stubborn person, meanwhile, could be described by a proponent as resolute and by a foe as obstinate. Novice is (or is intended to be) a neutral term, but many synonyms for the word, such as greenhorn, newbie, rookie, and tenderfoot, are uncomplimentary or at least often used to poke fun. (Apprentice, neophyte, recruit, and tyro are gentler terms.) Synonyms can differ in formality, as in the difference between car and automobile, but the difference is often one of value instead (or in addition). Keep in mind, too, that a single word can have more than one connotation. For example, a person descried as earthy might be simple and practical, or might be unsophisticated or coarse. (Earthy is also a synonym for crude.) Use of precise terms in fiction and nonfiction alike is encouraged, but be sure the sense you intend is the one conveyed: Consult dictionaries and usage guides, and when you employ a thesaurus or a synonym finder to find a more interesting or more precise alternative to pedestrian prose, make sure you select the appropriate word based on your meaning. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:16 Substitutes for â€Å"Because† or â€Å"Because Of†Telling a Good Poem from a Bad OneTypes of Ignorance

Volatile organic Compounds Lab Report Example | Topics and Well Written Essays - 250 words

Volatile organic Compounds - Lab Report Example The major effects of the compound on human health are in the central nervous system. When it accumulates in the body, it affects the nervous system and the result can be very detrimental. The other effects of chloroform include dizziness, tiredness, nausea, vomiting, and headache. On the other hand, the main source of the TCE in the drinking water is from the discharge from metal degreasing procedures and other factor processes. In other cases, the ground water may also be contaminated with TCE especially in areas that are near the industrial sources and the old dumpsites. The consumption of water containing TCE may result in increased chances of experiencing liver problems and developing cancer (Scott & Cogliano, 2000). In order to define the presence other harmful compounds in the water, it will be imperative that more tests and laboratory analyses on other Volatile Organic Compounds (VOC) are done. These are compounds with chemical and physical properties which allow them to move between air and water. With these further tests, it will be possible to draw conclusions about the state of your drinking

Community Coffee Research Paper Example | Topics and Well Written Essays - 750 words

Community Coffee - Research Paper Example Coffee business in any sense should be solely based on quality because if the leaders are not highly riled up about sourcing the finest coffee beans from different regions by effectively cooperating with the people who grow them, the business never transforms into a ceaseless passion but always remains a business established principally for personal gains. Therefore, the management at Community Coffee considers it significantly valuable to make prodigious investments in the people whose job is to grow the most fervently sought coffee beans. We seriously consider these people are most respected partners and always intend to treat them with value and dignity in order to foster a solid partnership which is reputable for fueling a business. Community Coffee targets people from all backgrounds irrespective of class, racial, ethnic, and economic differences. Diversity is embraced by the staff here which not only considers the customers as people who come to get a cup of coffee but as digni fied humans with whom it is important to develop a sound connection which would go farther from just coffee. Together the management and staff at Community Coffee attempt to achieve a competitive edge over other similar businesses by religiously following the core values and business ethics which are essential to sustain success and customer satisfaction. When it is honestly tried by the business leaders to merge together business and ethics in different areas like leadership, decision-making processes, employee management, production, and customer satisfaction, the consequences prove to be quite fruitful for the organizations. Leading by example and behaving in accordance with the professional code of conduct to win the durable trust of the customers is a critically important area which the management at Community Coffee intends to make its hallmark. It is considered fundamentally important by Community Coffee to make wise investments at the right time because in the present fierce ly competitive and dynamic business world, such a smart strategy is the need of the time. In order to help this coffee business garner mainstream popularity and effectively address the highly dynamic customers’ needs, it is always tried by the staff to remain fully open and engaged with the customers from diverse backgrounds. It is important for a simple encounter starting from a simple beverage to culminate in a lasting smile on the face of the customer. We want our business to become a household name in a matter of few years and for this purpose, commitment to diversity is regarded crucially valuable. The talents of multicultural workforce can be most accurately used for gaining competitive advantages by valuing diversity. For this purpose, Community Coffee rigorously attempts to establish an inclusive culture as a way of promoting diversity due to which a riveting repertoire of multicultural perspectives could be formed and that is especially helpful for myriad decision-ma king processes. Also, if the leaders are not careful enough about ethically sourcing the finest beans at most suitable prices, not only are they abandoning their most important obligation but also they are being unfaithful to their

Symbolism In the short story Repent Harlquin Said the Ticktockman Essay

Symbolism In the short story Repent Harlquin Said the Ticktockman - Essay Example The symbols discussed in this essay are in consideration to Ellison’ story and three other sources. In a society where everyone is a conformist to the set rules and codes of conduct, Ellison’s first symbol is the protagonist, the Harlequin. The Harlequin is a defiant character who refuses to conform to the rules and regulations of the society. According to Bresin (2006, p.1) the Harlequin is a symbol of individualism against a backdrop of bureaucracy and totalitarian rule. The Harlequin is an allegory of disobedience and dissent in a utopian society, who incites the citizen against the regime. As White (pp. 1) writes that the Harlequin symbolizes the efforts of a few people in the society trying to save fellow men from historical equilibrium. The aim of such men is not to dislodge the state from power rather; it is to urge the people to act freely and let their conscience rule over their actions. In this regard, therefore, White (ibid) sees the Harlequin as a symbol of morality, when he chooses to follow his conscience and rebel against oppression. In a society controlled by the ticking of the clock, the Harlequin has no regard for punctuality, a fact well known by state apparatus. As Bresin (pp.1) illustrates, the Harlequin is a threat to the culture of the Ticktockman society. ... Rather, the citizens should come out and enjoy the sunshine and life in general. While the people are busy listening to his defiance of the Ticktockman and watching his antics, a lot of time is lost. In an effort to curtail the activities of the Harlequin, the Ticktockman orders all the at the construction site to stop their work and hunt down the Harlequin. The construction workers waste a lot of time looking for the harlequin, time that would have been used to build the economy of this authoritarian society. This is an achievement for the Harlequin who has managed to make people shift away from the ideals of the society, even if it is to hunt him down. In addition to his antics, the Harlequin has a dress code distinct from everyone else’s in the society. He dresses in colorful costumes, themselves a symbol of forgotten times when society was not so grey and mechanized. He uses these costumes to attract the attention of the law-abiding citizens, causing them to listen to him and fail to carry out their duties. Obviously, the Harlequin’s actions and costumes do not amuse many of the conformists, such as Alice, Everett’s (the Harlequin’s real name) lover. Alice is displeased with Everett’s actions, when she asks him why he is always outdoors at night â€Å"in the ghastly clown suit, running around annoying people† (Ellison, pp.220). The Ticktockman, the antagonist, is an image of civil suppression in a tyrannical society. It is hard to tell whether the Ticktockman is a real man or a robot since he is always wearing a mask Bryant (pp.163). At the end of the story, however, the Ticktockman appears to be more of a robot than a human being as he breaks down into a

Time Value of Money Calculations Assignment Example | Topics and Well Written Essays - 750 words

Time Value of Money Calculations - Assignment Example Capital budgeting decisions are based on an evaluation of the cash flows expected from investing in a specific project (Emery et al 2007). Projects are evaluated using methods such as: net present value (NPV), internal rate of return (IRR), payback period (described as simple payback) and discounted payback period. These methods can assist management in deciding which project among a set of options yields the best return or whether a particular project should be undertaken. The NPV is the net balance of the initial investment after deducting future cash flows at present values. The implication of a negative NPV indicates the failure of the project to generate enough funds to pay up the initial investments as well as to facilitate some returns to shareholders. Information contained in the Appendix indicates that the project has a positive NPV of $16,692. This implies that the project would be beneficial to the organization The IRR is the discount rate that equates the present value of a project’s cash flows with the cost of the project (Brigham and Ehrhardt 2005). This occurs when NPV is equal to Zero (0). If used appropriately it is a valuable tool in the selection of projects (Hazen 2003). The IRR of the Server Update project is 10.13 per cent. This is 2.13 per cent above the organization’s cost of capital and therefore offers a positive return to shareholders. See Appendix 1 for the solution. According to Brigham and Ehrhardt (2005) the simple payback period indicates the time period over which the project recovers the initial investment. In performing the calculations the annual cash flows are set off against the initial outflow until there is a positive balance. Investments with long payback periods are considered to be risky compared to those with relatively short payback periods and so this method has a bias for short term projects. Additionally, the simple payback method does not take into account the time value of money since it

Thief of the identity Article Example | Topics and Well Written Essays - 250 words

Thief of the identity - Article Example (Atkins). With effects such as long term loss of memory, one’s identity deteriorates since one cannot remember what surrounds their lives. (Sabbagh). Not being in cognizant with what is going on around is tantamount to loss of identity. In addition to this, the impacts of the disease on the physical appearance are outstandingly disturbing when one thinks about it. The disease eats up the radiance in one, by working up on the face, the skin and the whole body structure. (Atkins). One looks totally different from the way they used to before the disease comes in. It is by virtue of the loss of the original physical appearance that one is considered as having lost his or her identity to the disease. The disease is therefore tantamount to the thief that steals away one’s identity. To conclude, this disease is quite scary given its impacts and the fact that it cannot be treated. (Atkins). The fact that its cause is yet to be established is also much alarming. In this paper, the fact that the disease is a thief of identity has been looked at. This is through the impact of the disease to the brain and physical appearance. There are many other impacts of the disease that can be traced to loss of identity such as emotional swings. However, not all these could be covered given the scope of this

Teams in Production and Operations Management Research Paper

Teams in Production and Operations Management - Research Paper Example ow has many brands under it developing from the Toyota AA in 1936 to a group of companies that include the Lexus, Scion, Hino Motors and Daihatsu brands today. Toyota has grown steadily throughout the years and it overtook General Motors in 2008 to become the leading global manufacturer of automobiles. In 2006, the company was announced as the most profitable in the automotive industry with its profits rising to $11 billion in that year. During this period, its market share increased with improvement in sales across the board. The most notable increase in the company sales was observed in the US. The company has many subsidiaries and the Toyota Financial Services is the most notable. The company sells finances, as well as dealing with other investment and trading ventures. Apart from the brands that the company wholly owns, it has a 51% stake in the Daihatsu brand, 5.9% in Isuzu Motors Ltd., and 16.7% in Fuji Heavy Industries a company that also manufactures Subaru vehicles. Other products include hybrid vehicles that run on gasoline and electricity, an automated parking system and economy shifting and eight speed automatic transmission ve hicles among many other inventions. Toyota has a large market share in the United States, Africa, Australia and Asia. However, the market share is relatively small in Europe. In 2005, there were 8.54 million vehicles that were produced by Toyota together with its half-owned subsidiary, Daihatsu Motors. This figure represents about 500,000 less in the number that General Motors produced in the same year. The Daihatsu conglomerate can be considered to be the fastest growing branch of the company in Southeast Asia. Considering the competition that is present in the Far East Asia countries, the company can be considered as having a very sound marketing campaign as it has a substantial market share in those countries also. Fortune Global 500 placed Toyota as the fifth largest company in the world. After the recession that was

Time Value of Money Calculations Assignment Example | Topics and Well Written Essays - 750 words

Time Value of Money Calculations - Assignment Example Capital budgeting decisions are based on an evaluation of the cash flows expected from investing in a specific project (Emery et al 2007). Projects are evaluated using methods such as: net present value (NPV), internal rate of return (IRR), payback period (described as simple payback) and discounted payback period. These methods can assist management in deciding which project among a set of options yields the best return or whether a particular project should be undertaken. The NPV is the net balance of the initial investment after deducting future cash flows at present values. The implication of a negative NPV indicates the failure of the project to generate enough funds to pay up the initial investments as well as to facilitate some returns to shareholders. Information contained in the Appendix indicates that the project has a positive NPV of $16,692. This implies that the project would be beneficial to the organization The IRR is the discount rate that equates the present value of a project’s cash flows with the cost of the project (Brigham and Ehrhardt 2005). This occurs when NPV is equal to Zero (0). If used appropriately it is a valuable tool in the selection of projects (Hazen 2003). The IRR of the Server Update project is 10.13 per cent. This is 2.13 per cent above the organization’s cost of capital and therefore offers a positive return to shareholders. See Appendix 1 for the solution. According to Brigham and Ehrhardt (2005) the simple payback period indicates the time period over which the project recovers the initial investment. In performing the calculations the annual cash flows are set off against the initial outflow until there is a positive balance. Investments with long payback periods are considered to be risky compared to those with relatively short payback periods and so this method has a bias for short term projects. Additionally, the simple payback method does not take into account the time value of money since it

Teams in Production and Operations Management Research Paper

Teams in Production and Operations Management - Research Paper Example ow has many brands under it developing from the Toyota AA in 1936 to a group of companies that include the Lexus, Scion, Hino Motors and Daihatsu brands today. Toyota has grown steadily throughout the years and it overtook General Motors in 2008 to become the leading global manufacturer of automobiles. In 2006, the company was announced as the most profitable in the automotive industry with its profits rising to $11 billion in that year. During this period, its market share increased with improvement in sales across the board. The most notable increase in the company sales was observed in the US. The company has many subsidiaries and the Toyota Financial Services is the most notable. The company sells finances, as well as dealing with other investment and trading ventures. Apart from the brands that the company wholly owns, it has a 51% stake in the Daihatsu brand, 5.9% in Isuzu Motors Ltd., and 16.7% in Fuji Heavy Industries a company that also manufactures Subaru vehicles. Other products include hybrid vehicles that run on gasoline and electricity, an automated parking system and economy shifting and eight speed automatic transmission ve hicles among many other inventions. Toyota has a large market share in the United States, Africa, Australia and Asia. However, the market share is relatively small in Europe. In 2005, there were 8.54 million vehicles that were produced by Toyota together with its half-owned subsidiary, Daihatsu Motors. This figure represents about 500,000 less in the number that General Motors produced in the same year. The Daihatsu conglomerate can be considered to be the fastest growing branch of the company in Southeast Asia. Considering the competition that is present in the Far East Asia countries, the company can be considered as having a very sound marketing campaign as it has a substantial market share in those countries also. Fortune Global 500 placed Toyota as the fifth largest company in the world. After the recession that was

Underage Drinking Essay Example for Free

Underage Drinking Essay The youth at this days is drinking much more than the youth in the past and this is a big problem because the world is having more criminality and deaths because of this. The number of women since 1977 to 1993 tripled and there are more men drinking than women. 5000 adolescents a year are death because of alcohol. A 60 percent of college women who had sexual transmitted diseases where on the influence of alcohol, 90 percent of the campus rapes were because or the victim or the aggressor were in the influence of alcohol. 5 percent of campus criminalities are because of the influence of alcohol. And also more than half of the students of 140 different colleges affirm that they get very drunk with alcohol and most of them don? t are twenty-one years old. 40 percent of students of 12th grade drink, more than 20 percent of 10th grade students drink, and almost 20 percent of 8th grade students drink; all this is only in the US and there are countries with more drunk students. The consequences of this are:Â  In the brain: adults can have problems with long term memory and long term thinking, adolescents have more problems, because they have this and almost always they show long-lasting harm from alcohol as they grow. In the liver: they have high liver enzymes what shows heavy liver damage, and sometimes obesity. In growth and endocrine effects: puberty is an age in which there are many changes and growth. With alcohol this growth is not complete and it may trouble the generation of hormones necessary for organs, muscles, and bones. In addition it may be problematic with the maturation or reproductive organs. In conclusion, there are more people that drink that in the past and this is very bad because they hurt them, also their victims, the family of their victims, and even their own family so we have to find a solution for this. Also the death of the young people is increasing and there are more people dying also because of car crashes and criminalities.

Mcdonalds Corporation Is Listed In The New York Marketing Essay

Mcdonalds Corporation Is Listed In The New York Marketing Essay Introduction: In this coursework, I would like to talk about the famous worldwide brand McDonalds Restaurant. The reason I chose this brand for my marketing strategy and marketing planning coursework is the best known brand worldwide and the powerful marketing strategy applied through all over the world. In this chapter Id like to explain the company profile, aim of this coursework, overview of the coursework. In the chapter 2, Id like to explain the learning outcomes of Strategic marketing. Finally there is a conclusion and recommendation chapter followed by references. Company Profile: McDonalds Corporation is listed in the New York Stock Exchange, USA (NYSE: MCD) is the global company headquartered in Illinois, USA. McD (McDonalds) is the biggest chain of fast food restaurants in the world. McD serves about 60 million people every day. McDonalds sells various flavours of burgers, fries, soft drinks, desserts, chicken products worldwide. McD is founded by Maurice McDonald and Richard in 1940 in California. Ray Kroc is the person who founded the McDonald corporation. Presently, McDonald has 31,200 locations in 120 countries worldwide with the staff force of 1,702,000 in 2009. James skinner is the CEO and Chairman of McDonald. McDonalds revenue in 2009 was US$24.2 billion. Mission and Vision of McDonald: McDonalds mission is to be our customers favorite place and way to eat. McDonalds global operations are structured a common worldwide marketing strategy named plan to win focusing the marketing mix of the organisation which includes the prominent Product, Price, Place, Promotion and People. McD is dedicated to develop their business worldwide and increasing the value of consumers experience in stores. Aim of the Coursework: The aim of this coursework is to explain the marketing strategy and marketing plan of McDonalds. For this aim we should identify the marketing planning process of McDonalds, PEST analysis, SWOT analysis, Ansoffs product-growth matrix, marketing mix of thee company. These are the objectives of the coursework. Overview of the coursework: In the chapter 1, I would like to introduce about the company profile and the objective of this case study. In the chapter 2, I would like to talk about all the learning outcomes which is covered in the Strategic marketing course. The learning outcome1 is all about understanding how the marketing plan supports the strategic objectives of the organisation (McDonalds). In this chapter I would like to include the marketing planning process, key planning questions of the marketing planning process followed by marketing audit of the company which is macro environment (PEST analysis), task environment and the most important concept of marketing strategy SWOT analysis of McDonald followed by Ansoffs matrix. In the learning outcome 2, I would like to explain about the marketing mix of McDonald. This part explains the construction of the marketing plan which is the second learning outcome of the course. This will be explained by 6Ps of marketing mix which are product, price, place, promotion and people and process. Product life cycle stage is also the vital part when we talk about product in the marketing mix. This will be explained in this part. Also I will include the main four important questions about action programmes followed by controlling the action programme. In the learning outcome 3, most of this part will talk about market planning implementation, four step processes for marketing control, barriers to implementation and finally evaluation and review of the marketing planning. In chapter 3, there will be recommendations and conclusions of this coursework followed by references and reflective diary. Chapter 2: Learning Outcomes Introduction: In this chapter, well see the learning outcomes of this course Strategic Marketing. There are three learning outcomes covered in the coursework. 2.1 Learning Outcome1: Understand how the marketing plan supports the strategic objectives: In this learning outcome1, Understand how the marketing plan supports the strategic objectives of the organisation. In this coursework, the researcher took McDonalds as the corporation. The objective of the corporation is to satisfy the customer needs with their products. Customer has to choose McDonalds as the favourite place to eat. For this, the marketing strategy of the company should support to achieve the objective of the company. There are various marketing theories and concepts will be explained here in this chapter. The marketing objective of the organisation, marketing planning process, key marketing planning questions followed by PEST analysis, task environment, SWOT analysis of the organisation and Ansoffs matrix. 2.1.1: Marketing Strategic objectives of McDonalds McDonalds sets crystal clear marketing objectives. It then enhances a marketing strategy that would support to achieve the objective of the organisation. Marketing involves identifying consumer needs and wants, and meeting those needs in an excellent route than other competitors in the market. This directly results to create a loyal customer to the organisation. McDonalds marketing objective is to identify the customer needs and satisfy them with their products by giving excellent customer service throughout the world. Apart from this, McDonalds wants to achieve more market share by opening more stores worldwide. They want to be the market leader in the food industry in the American markets. 2.1.2 Marketing Planning process: Marketing planning process is the vital process in the marketing plan. This process consists of many methods with many stages. Marketing planning should identify the business mission of the company. After finding this business mission we need to identify the marketing audit. This marketing audit consists of two methods called internal audit and external audit. PEST analysis is the external marketing audit whereas task environment and SWOT analysis are the internal level marketing audit. Then it leads to strategic thrust to identify what customers want what kind of products, this is explained by Ansoffs product-growth matrix. Then target market and competitor of the company is illustrated in the core strategy. Diagram of Marketing Planning process: Source: Principles and Practices of Marketing by David Jobber (2001) Key Planning questions of the marketing plan: There are five important questions of the marketing plan needs to be answered in the marketing planning process. They are as follows: Where are we now? This means where McDonald is at present scenario in the world fast food restaurant sector and UK fast food business. Where would we like to be? In terms of McDonald, they want to be the market leader in American fast food restaurant business and they want to expand all over the world How do we get there? For McDonalds, they have the well established core strategy for their business development Are we on course? McDonald has the clear objective with high-calibre management, excellent employees with the competencies. All these factors are leads them to achieve their objective. Marketing Audit: McDonalds has a crystal clear marketing strategy which is to focus on excellent customer service with good quality food at faster service. They have created well established foundation of fast food restaurant service. McDonalds is the market leader in fast food restaurants all over the world. McDonalds has spread all over the world with 32000 locations worldwide. They want to capture more market share and they want to satisfy all their customers with fast service and good quality food at cheaper price better than their competitors. To achieve this core marketing strategy McDonalds should identify their internal and external marketing environment of their business. For external environment audit we need to apply the PEST analysis and for internal environment should apply task environment and SWOT analysis. 2.1.3. Macro Environment: PEST analysis of McDonalds: The following diagram shows that the picture of PEST analysis. PEST analysis is the very phenomenal concept in marketing. This concept is used to identify the external environment of the business. When analyzing the external environment of the business then we can easily eradicate the threats of the external. PEST is an acronym of Political, Economical, Social and Technological. Pest Analysis Source: http://www.dreamstime.com/royalty-free-stock-image-pest-analysis-image14771406 POLITICAL FACTORS Global operations might be affected due to different policies enforced by governments Human resource policies are different from country to country. This will affect the human resource policies of McDonalds. In India, there are political policies are against for the fast food and beef related food products. ECONOMICAL FACTORS Due to Financial crisis and economic crisis in Europe and American countries there are lot of negative growth in business in terms of revenue and profits. Due to volatile stock markets all over the world, the stock prices of McDonalds are heavily plummeted Due to increase of VAT in UK the sales going to drop down. This affects huge loss in revenue Interest rates, Exchange rates also affects the international operations SOCIAL FACTORS Due to health conscious and huge awareness of obesity, there are big threats for fast food restaurants throughout the world Consumer preferences are changing day by day. Due to this, McD needs to introduce many new products TECHNICAL FACTORS Fast services due to increased technical abilities of new machineries Thanks to information technology growth for the fast customer service. Many competitors also involving the same strategy. Task Environment of McDonalds: In the task environment of McDonalds we should have a look on financial data and McDonalds competitors in the worldwide market. Worldwide McDonalds Ownership The following table shows that the ownership holding by McDonalds worldwide. The total number of stores has been increased from 30497 in 2007 to 32487 in 2009. But this data shows that number of stores owned by McDonalds (direct ownership) has been drastically reduced from 8082 stores in 2004 to 6177 stores 2009. Franchisees list has been increased in the data provided. McDonalds 2004 2005 2006 2007 2008 2009 Number of McDonalds 30,497 30,767 31,047 31,477 31,977 32,487 Franchisees Owned 22,415 22,592 22,884 24,457 25,485 26,310 Direct owned by Company 8,082 8,175 8,163 7,020 6,492 6,177 % of Direct owned by McDonalds 26.50% 26.57% 26.29% 22.30% 20.30% 19.01% Chart: Number of Stores owned by McDonalds and its Franchisees in the World The following table and chart explains the sales revenue of McDonalds worldwide from 2007 to 2008. All these data shows that the sales have been declined in 2009 all these countries than 2008. Due to the economical and financial crisis in Europe, USA was the predominant reason for this sales decline in this period all over the world. Among these countries Europe sales was heavily affected due to this financial crisis in this period. But when compare to 2007 data, 2009 sales revenue data was slightly increased. Worldwide McDonalds Sales Revenue in $m 2009 (US$ Millions) 2008 (US$ in Millions) 2007 (US$ in Millions) Europe 9280 9930 8930 USA 7944 8080 7900 APMEA 4340 4231 3600 other countries 1200 1295 2365 Total 22764 23536 22795 APMEA: Asia Pacific/Middle East/Africa Source: http://www.wikinvest.com/stock/McDonalds_(MCD) Sales Revenue in 2009 by McDonalds and its competitors: The following table and chart shows that the sales revenue of McDonalds and its competitors in the year 2009. This data shows that McDonalds is the market leader in the fast food restaurant sector with the net sales revenue of US$ 22764 million in 2009 compared to its next competitor YUM restaurants holding only US$ 10840 million. There are huge difference about 100% variance between these two biggest fast food competitors. Company Revenues in US$ in Million McDonalds 22764 YUM 10840 Starbucks 9785 Darden 7300 Burger King 2700 Dominos 1490 Source: http://www.wikinvest.com/stock/McDonalds_(MCD) Source: http://www.wikinvest.com/stock/McDonalds_(MCD) SWOT analysis of McDonalds SWOT is an acronym of Strengths, weaknesses, opportunities and threats. This analysis helps to understand the internal and external environment of the organisation. Internally, an organisation can able to reveal its strengths and weaknesses whereas externally they could reveal the opportunities and threats. Hill et al.,(2003) After done this analysis, every organisation should convert their weaknesses to its strengths and match their strengths into the external opportunities. This SWOT analysis is a helpful tool for strategic marketing planning of the organisation. http://hrmadvice.com/assets/images/swotanalysis.jpg SWOT analysis of McDonalds The following table shows that the SWOT analysis of McDonalds. In this table, strengths and weaknesses are internally existed, whereas opportunities and threats are external factors. STRENGTHS International Brand awareness Worldwide market leader in Fast food restaurant sector Strong cash flow financial resources International quality awards Competent skills in their staff force Significant experts in top management WEAKNESSES McDonalds been a 65 years old company. Due to this they should have an innovation in their food products Lack of local country knowledge Since the market leader in the industry, profit might be very less due to tough competition OPPORTUNITIES Entry to international markets with the strong financial resource Excellent brand image worldwide. This creates more business opportunities in international market MA with international competitors Mounting views of customers about fast foods with quick service THREATS Huge competition in the local and international markets Mounting cost of raw material Economic crisis in the world Decreasing power of customer spending Stock prices are plummeted in the stock markets Health conscious about fast foods worldwide 2.2. Learning Outcome2: Understand the construction of a marketing plan In this learning outcome, Understand the construction of a marketing plan explains the detailed marketing mix of the organisation. This concept is predominantly phenomenal for every organisation to meet and satisfy the customer needs. The following concept shows that the marketing mix of McDonalds in worldwide. 2.2.1 Effective Marketing mix of an Organisation: CIM (Chartered Institute of Marketing) defines that the marketing mix is the combination of marketing inputs that affect customer motivation and behaviour. These inputs are 7Ps: Product, price, place and Promotion, people, process and physical evidence. Last two factors are absolutely pertinent to service industries. https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhB0aPiHhjbZpOXPI7tLl8v-FLH2WQB15eZm9h7NLda3HHfyy2HIq3WbPTeRmknH27LV_uPvoE7LYz6XVOWauYRNh4kPzUkVytKJN3kvy_pIJnYf5Fc-8DczilQxnoaVBpLC7IqrTsVlSg/s1600/Marketing_Mix_Diagram_-_7Ps_L.jpg Source: http://mantra4marketing.blogspot.com/2010_06_01_archive.html Marketing mix of McDonalds Marketing mix is the mix of imperative factors to identify the key customers of the organisation. An organisation has to make sure a mix of these factors implied the customers appeals. Product: When we talk about McDonalds, there are hundreds of food products starting from hamburger, cheeseburger, chicken burger, salads, desserts, corns, ice creams, French fries, coffee, tea, etc., these products are favorites for all kinds of customers. Especially when they create this product mix they should keep in mind that these products are attracted the customers and satisfy their needs and requirements with good quality. Product Life Cycle: http://billyfire.com/images/ProductLifeCycle.gif Source: http://billyfire.com/product-life-cycle.php The imperative process of product life cycle is when the product is reached the maturity stage, then company needs to introduce the new product to compete the market. In McDonalds there are many products are in growth and maturity stages. So they need to concentrate on new product development to capture more market share and compete the other competitors in the market. Price: Pricing strategy should be very clear and affordable by all types of customers. They also need to focus on competitors pricing strategy. Since McDonalds been the market leader of this fast food sector they will compromise the pricing strategy by giving low price products with good quality. Due to the financial crisis all over the world, customers are very conscious about spending power, they dont like to spend enormous money on food products. All these factors lead to reducing the cost of the product for the company. Place: Place is the imperative factor in the marketing mix. Without this factor, organisation cannot be the successful in the competitive market. When we come to the place, that should be easily accessible by all kind of customers. There should be lot of parking facilities and also they should have wheel chair access in their restaurants. Location is the phenomenal for success of every business Promotion: Promoting the business leads to winning in the competition. Without doing promotion, the business can get success in the cutthroat competition. For promotion, McD offers various kind of promotional activities like TV ads, online ads, hoardings, sponsorships, sport activities, social based programs, health care sponsorships. Graham et al.,(2001) suggests that They are following above the line and below the line promotional activities. Instore they are promoting their products by offering BOGOF (Buy one Get one Free), reduced prices, combo offers, etc., McDonalds promotional activities are absolutely better than its competitors. People: People are the main part of successful marketing mix for the success of McDonalds. Their main and core strategy is to satisfy the customer needs with their good quality foods at cheaper rate by providing excellent customer service with soft and friendly approach in the store. All employees are well trained in terms of customer queries and customer satisfaction. If theres a need of training for the employees company never compromise to give the tailored training. Process: Process is also very essential for running the organisation very effectively and efficiently. For this, all the equipments, tills, machineries should be updated. The process should be very quick by serving the customer needs. Customers shouldnt wait for a long time to get their preferred menu. Physical evidence: For the service sectors, physical evidence is absolutely required. How convenient and comfortable is how sales growth is. So, convenient and hygienic environment creates more revenue growth for the business. McDonalds always stick with this effective factor. 2.3 Learning Outcome3: Understand how to promote the marketing plan in support of strategic objectives In the learning outcome3, understand how to promote the market plan to support the strategic objectives of the organisation. In this coursework, the core objective of the organisation is to meet customer needs and satisfy them with the McDs product at low cost with effective and efficient customer service in worldwide markets. 2.3.1 Implementing Marketing plans: Implementing marketing plan is not very easy to achieve. There should be proper planning to achieve the implementation process. There are four step process for marketing control and its implementation. The successful implementation of a marketing plan should address the following Who need to be involved? All the top management and all the employees of the organisation need to involve in the implementation process How should the strategy and plans to be implemented? There are core strategy needs to be identified by the top management What activities need to be carried out? Imperative process of customised training need to be deployed in the organisation What time-frames do the activities need to be completed by? Time frame is designed by the organisation with the help of top management. 2.3.2. Four step process for marketing control: Set Goals: What do we want to achieve? In terms of McDonalds they want to achieve the excellent customer service and they want to capture more market share. Measure the project Performance: What is happening? This means is what is going on currently in the market and in the McDonalds. Evaluate the Performance: Why is it happening? What was the main reason for this performance is happened. Is there positive performance, then management should give more rewards to them if not take some corrective actions. Take corrective action: what should we do about it? What are the corrective actions should we take to ensure the process of planning and implementation. Chapter 3: Conclusion and Recommendations 3.1 Conclusion and Recommendations: From this coursework, we come to know that the McDonalds marketing strategy is pertinent to its core objective of the organisation. This present scenario in the world market, there are customers are not preferred to spend more on fast food products. Also, spending power of customers has been reduced. Keeping this factor in mind, McDonald needs to concentrate on promoting their products in the local market by reducing their prices. Apart from this reason, they need to concentrate on culture of the international markets, procedures and policies followed by these countries and McDonalds put aggressive training to its employees to provide absolutely good service with friendly approach. Since they are the market leader in the worldwide food sector, they need to concentrate to capture more market share and profit and sales volume as well.