Thinking Made Easy

ENTREPRENEURSHIP

Introduction

            There is success in body care.  Behold the Body Shop, one of the famous international cosmetics brand.  It is not just one’s ordinary shop for body or hair care.  It is extraordinary just as its pioneer.  The entrepreneur assessed in this paper is in no way or another connected to me. 

 

Personal Profile     

The name behind the Body Shop, a famous cosmetic line for decades now, is  .  On October 23, 1942 in , , England marks her birth to an immigrant Italian family.  After completing her degree at the Newton Park College of education, she worked as a part-time teacher and for the United Nations in Geneva.  She traveled to different places like Tahiti, New Hebrides, New Caledonia, Reunion, Madagascar, Mauritius, Australia, and Johannesburg.  Her fascination with the women she encountered in these places became an episodic event in her life.  It later formulated her tale of success.  As stated in  (1999), she was mesmerized by the organic products that women in the Polynesian islands use to nurture their bodies.  Then, she went back to England and married a Scotsman poet and traveler named  in 1971.  Five years later, the Body Shop was born. 

The Body Shop started out in the same area where grew up.  It was just a small shop painted with green.  Its products were just placed in little recycled bottles while its labels were just handwritten.  All of which was to lessen production costs.  Through the years, the body care business developed hand in hand with political causes. 

Dame , as how she is referred to now, has been acclaimed for many things.  She has been London’s Business Woman of the Year in 1985.  She has received an Order of the British Empire in 1988.  In 1988, she has been the Communicator of the Year, and Retailer of the Year.  She has been the United Nation’s “Global 500” Environmental award.  On the other hand, the Body Shop brand has been regarded as the second most trusted brand in the UK according to the Consumers Association.  As said by the 1997 survey criteria, it is known to be the top 28 brand in the world, and ranks second in the retail sector.  The International Chief Executives in the Financial Times conducted a survey in 1998 and found Body Shop to be the 27^th most respected company in the world (The Body Shop International. Available at

The Body Shop is aged 30 this year, 2006.  From a small and simple shop, it has grown into a multinational company, though she prefers Body Shop to be described as “global.”  It operates in 50 countries with over 1, 900 outlets.  Indeed, the Body Shop has gone global, cutting across various cultures.  That is how far it has gone. 

Recently, the Body Shop entered in an agreement with L’Oreal for its take over.  The deal is reported to be worth ₤652 only.  Founder and major stockholders , who still own 18% of its stock, are likely to receive ₤130M from the said agreement (. ). 

 

Successful Factor

            What does it take to become a successful entrepreneur?  In Dame ’s case, what are the factors that lead for her and her business’ success? 

Success is measured according to sales growth, income, employment trends and satisfaction  (2000). 

            The reason why she came back to England while traveling Africa was because she was asked to by the English officials after finding out that that she did not do what a white is supposed to do in a black country.  Years later, she made use of her encounter to open a “body shop.”  Opening a shop that satisfies the need of nurturing the body out of indigenous science refers to the risk that Dame has taken.  Indeed, it is interesting to note that she risked selling products, inspired by ethnic body rituals, among her fellow Westerners, being the consumers.  She risked selling alternative body care products.  Nevertheless, she dealt with it with optimism. 

            In order to face success, it is of crucial importance to think of the ways by which the business model will thrive in the marketplace.  Another is to assess the strengths and opportunities of the business.  Lastly, it is always important to innovate, as this has always described entrepreneurs (, 2000). 

            Innovations are proven to increase the business’ performance.  During Christmas last year, upon launching a new product, i.e. a strong Christmas gift range, and improving customer services, operating profits from the division boosted to 17% to ₤11.7 million (, 2005).  This is a recent event in the innovation strategies of Body Shop. 

            (1939), as cited in (1995), asserts that an entrepreneur functions to innovate, which means devising new production function out of the existing factors of production.   In simpler terms, an entrepreneur is one who introduces a new product or a product that deviates from the ordinary.  Such is the basic idea or definition of an entrepreneur from which its modern definitions have developed. 

            Apart from the above, there is something about the packaging of the Body Shop products.   started with small bottles since that was what she was complaining on.  According to   (1992), lesser materials should be use to produce smaller, thinner and lighter packages.  This is one of the ways by which a company can minimize packaging costs, and at the same time, maintaining products to be in line with “green”.  Supporting the environment is ensconced in the Body Shop from the very beginning.  Years later, as the Body Shop grew larger and larger,  combined principles with profit. 

             (2005) article entitled “” speak for itself.  In the case of , she sells body products through the Body Shop while supporting local community trade in Third World Countries. 

            Personality has much to say in defining ’s success.  (1988) discusses 8 characteristics of women entrepreneurs, but in this case, three of which pertinently describe the subject of study.  Introducing naturally made cosmetics speak for her creativity and capacity to innovate.  She is confident enough to sell her body products in the market.  And, she is driven by autonomy. 

            In ’s eyes, Body Shop succeeded because of two reasons.  Economic survival of her family, especially during its beginnings, was a primary driving factor; and, the passion to establish a shop of her own and to engage in trading was the other (1999).  She therefore succeeded not because of a capitalist goal, which is profit.  What she did was she thought of ways to survive in the market.  She did not dream of a big shop.  The shop eventually did. 

 

Critically Appraisal

Business Domain and Products Life Cycle

            The Body Shop is known for its cosmetic products that are naturally made and environment-friendly.  Struck by the body rituals among the women in the Polynesian islands, Dame  made sure that the kinds of cosmetics that her shop sells are made naturally.  Moreover, in this present age, this is what Body Shop offers still to its customers.  Likewise, having roamed the corners of the world, Dame  is able to acquire knowledge on the various natural products that different women across the globe use.  If we are to make a careful scrutiny of the products sold at the Body Shop, then we will see the different products with different functions that are composed of ingredients that come from different countries.  Examples of which are the following: sesame seed from Nicaragua, shea butter from Ghana, coco milk, mangoes, strawberries, etc.  Thus, if I am a shopper who passes by the Body Shop and get to see these products, then, no wonder, I will exactly feel the same fascination that Dame  felt decades ago.  All of these natural products are sold in all 50 countries where it exists. 

 

Target Customers Selected and Why

            Body Shop, as the brand implies, deal with the body.  However, it is not mainly concerned with making the body merely to be beautiful as what most cosmetics pledge to do.  When we think of cosmetics, the immediate implication is that it pertains to beauty products and therefore, for women.  On the contrary, is it only for women?  In this present time, women and men alike undergo vanity rituals.  Caring for the body is not just a female activity.  It is an activity that males today look into.  It is for individuals, male and female alike across various age brackets and social or cultural groups, who are geared towards nurturing their bodies.  

             did not really start the Body Shop with an intense will to have women being her primary target customers.  Rather, she created a venture with innovative products driven by the desire to own a shop of her own and the determination to survive. 

 

Unique Selling Point

             (2002) says that differentiation deals with offering uniqueness.  Being different implies being unique.  This is not the function of a particular entity in the organization, but the entire organization as a whole. Value is placed either on the product or the service or in both cases.  In order to attain competitive advantage, he suggests focusing on the value that customers seek as the operations strategy.  This can be done by looking at the quality, reliability, variety, features, services, location, delivery, after sales support, etc. 

According to (1994), as cited in  (2003), cognitive legitimacy works simply through what is/are being signified in a particular sign or symbols.  What makes the Body Shop unique?  On the one hand, it deviates from its fellow cosmetics line with regard to its advertisements.  It never made use of famous celebrities nor supermodels to endorse its products.  Furthermore, the characteristics that its models posses are far from the stereotypical model or from the Western standards.  If we are to access the Body Shop International’s website, as cited in this paper, we will find out that these models are black.  From this we can derive that the pioneer of Body Shop ventures into something that is more than just business.  There is politics behind.  The cosmetic business is bound by principle. 

According to  (2000), two essential factors make Body Shop to be distinct.  First, the value of integrity defines its interaction with its customers, staff and suppliers.  Second, it is the intense environmentalist philosophy of the business.  Body Shop products are known for being naturally-made and environment-friendly.  Thus, both the product and service compose Body Shop’s competitive advantage. 

             (1995) define an entrepreneur in relation to two essential aspects.  First, entrepreneurs are determined to engage in risky actions in order to come up with new prospects.  Second, they have the ability to organize or harmonize the actions of other people or the individuals around them in order to see their goals fulfilled. 

 (2003) has concluded in his study on cognitive legitimacy that customers opt to have knowledge on the products and the culture within and the operation strategies of a newly opened enterprise.  He has found this to be essential and beneficial for the company. 

            This analysis on the Body Shop’s unique selling points shows that it actually overlaps with its competitive advantage.  Its unique selling points define its competitive advantage.

 

Critical Success Factor

The organizational belief that  wants the Body Shop to live by is essential for the business’ performance.  Body Shop has grown into a multinational company.  However, in ’s perspective, she preferred her shop to be described as “global.”  She believes that a global company functions because of values, whereas multinational ones “just trade.”  Profit is not merely the motive of business.  To be a “live, vibrant, and honorable” organization is what she believes as the function of business ( 1999).  The Body Shop’s organizational beliefs are strong, as they are strongly believed by its pioneers, both .  They would even want to work with people or hire employees that share the same principle as theirs. 

 

Strategy Taken and Market Share

It is very clear in the beginning which path will Body Shop traverse.   The identity that it possesses is that its products are made for a cause, i.e. social and environmental justice, while of course, keeping that its products are marked with quality and excellence. 

According to the  report, the total sales worldwide boosted by 7% to ₤772 million (Body Shop International. Available at  [Accessed at 05/30/2006].  With the growing market capacities of the Far East Asian region, international brands like Body Shop will definitely create big.  It is reported that Body Shop stores in the Asia Pacific region, particularly in Southeast Asia, Hong Kong and Taiwan, increase its sales by 12% while operating profits to ₤19.7 million ( 2005). 

American-born , who is responsible for Body Shop’s operations in the United States of America, has devised a way to sell Body Shop products.  In 2002, shoppers do not just go to its chains just to buy its products, because the Body Shop products themselves are the ones that go to the American homes.  Surprisingly, the results are promising.  Saunders has predicted a 35% profit in operations.  He comments,

“You simply cannot underestimate the significance of being able to spend two hours with customers in their own homes…  It doesn’t cannibalize sore sales, in fact it bring in a lot of people who were not formerly customers.  It’s all about brand awareness (cited in , 2005: 8).” 

This only shows the variety of strategies that has to be taken by a multinational company in order to survive.  If products fail in shops, then let the products be sold at home. 

 

Analysis of the Business in the next five years

The organizational strengths of the Body Shop have to do with its organizational culture.  The uniqueness of the products in terms of its packaging as well as its ingredients stands for the beliefs and/or values that the organization dwells in.  The end that a consumer arrives into from using the Body Shop’s quality products is neither just beauty nor skincare, but also a sense of an ideal being in this unjust world.  Its ethical and environmental principles that the great Dame  propagates define the strength of the Body Shop.  This is the identity of Body Shop that enables it to stand among the rest of its cosmetic rivals. 

Let us now deal with the deemed weaknesses of the Body Shop.  According to  (1997), as cited in  (1998), the very problem that troubles the Body Shop for ages is that its image does not parallel reality.  The Body Shop boasts its natural products, and yet its products are not always fresh.  Worst, its product formulas loaded with petrochemicals are actually outmoded.  The Body Shop claims that it is against the use of animals to test its products, but its products’ ingredients are actually tested on animals.  The Body Shop asserts that it promotes development among Third World Countries by supporting local trade.  However, does it really do so?  The reality is that its Trade Not Aid program are said to provide only token relief to the indigenous group that it supports. 

Could the aforementioned be true?  Or could it be just propaganda?  This is no time to search for truth.  A counter attack to such damaging propaganda is a simple label of propaganda by rival companies.  What matters is to maintain the economic survival of the business.  Body Shop has chosen a business path that goes along with social justice.  The perception that its products are for a cause is all that matters for the consumers. 

            Running for 3 decades now, the Body Shop has proven that every aspect of it has acquired high performances.  Of utmost concern at the moment is that L’Oreal’s takeover could be a threat to a certain extent.  The agreement that both parties entered into is something new.  It took place just a couple of months ago. 

Agreements today can become disagreements in the future.  Body Shop’s autonomy may change through time.  L’Oreal could be a threat to the Body Shop’s performance in years to come. 

            L’Oreal has made a smart move on Body Shop, being its rival.  In terms of profit, the success of the latter is likewise the success of the former.  Moreover, the former is at an advantage stance, for it competes with the latter while at the same time gaining from it.  Most likely in the near future, both of which will be the giants in the arena of cosmetic business. 

            Women and men alike will most likely purchase products that pertain to the body.  Women will always spend on cosmetic products.  As mentioned in the aforementioned paragraphs, Body Shop’s products stand among the rest of the cosmetic products.  In relation to this, its suppliers come from the ethnic or cultural groups in different Third World countries that it supports. 

            Body Shop may stand among the rest but for how long?  Other body products are likewise improving its weaknesses.  There is indeed a variety of alternative body care products in the market.  However, things will also depend on the strategies that L’Oreal will take. 

 

Recommendation

            Dame  and the Body Shop have gone a long way in the cosmetics business.  It is interesting to note the irony behind.  A capitalist who is not greedy is one who actually survives and succeeds the most in the world.  It is then recommended that studies in business should consider principles or ideals and not just the art of profit making. 

 

Conclusion

            Dame  deserves the praises for her exemplary performance as an entrepreneur.  She has become successful because of the clear goals that she wants her Body Shop to have and attain.  In her case, risk undertaking, creativity and being innovative, and beliefs, are the factors that made her a successful entrepreneur.   The first step is not to succeed in the marketplace, but to enter the marketplace with a strong identity.  The Body Shop is just somebody’s body shop.  Now, it is everybody else’s “body shop.” 

Bibliography:

EMPLOYMENT LAW

I.        Introduction

 

The relationship of the employer and the employee has been considerably addressed in the past and existing literature. However, there is constantly a recurrent representation of inequity in such areas. To this extent, this paper intends to discuss the importance of employment in society thought the discussion of the economic theories of employment as presented by early thinkers. Moreover, the existing relationship between employers and employees reveals a fiduciary duty on the former. Thus, role of employers will also be given to this end. In addition, the case of Australia presents the addition of a piece of legislation that provides a boost in the said imbalance of power in the said relationship. To this purpose, the study will also take into account the possible implications of the Workplace Relations Amendment () 2005 in the relationship of employees and employers in the Australian setting.      

 

II.      Employment Theories

 

In order to establish the condition of the duties of the employer and the basic elements of employee welfare, it is important to take into account the existing theories on employment in society. The following discussions will present the significance and effect of employment in a state particularly in the economic and social context. To this end, the discussion of such theories and models established in the past will provide an idea on the importance of creating a strong connection and relationship within the working environment of a state. This will consequently help in supporting the arguments that will be indicated in the later part of the paper with regards to the legislations created with reference to employer duties and employee welfare.

 

Furthermore, the discussions in this section of the study will serve as an introductory portion of the paper, presenting the basic premises held in earlier and the much recent parts of history, regarding their views on employment and its implications to society. To a certain extent, these discussions will eventually explain several aspects of social phenomenon such as unemployment and explain the emergence of employment in the context of savings, investments, and policy.    

 

A.    Saving-Investment Theory

 

This type of employment theory is anchored on the principle that the level of “employment is controlled by the level of income and production.” ( 1994) This assumption rests on several underlying principles as stated by the work of (1994). One assumption is that saving and investment are supposed to be equal in every real situation. This assumption is a major prerequisite for this theory. Another assumption that the theory presents is that the amount of real income of a community is directly related the amount to which that community would be able to save. According to the work of  (1994), a good representation of such assumption would be that of a schedule. In this plane, the quantity that the community has saved would reveal every practicable level of income that it has acquired. In addition, another assumption that this theory presents is that the aspiration to “invest in goods” would constantly be less that the savings. In this context, the said assumptions show that the real propensity to save will persistently be at steeper rise than that of the level of real income acquired by the community.

 

Modern literature and academics have created variants of such theory. The most notable variants of this theory are that of . These academics have presented their views on the existence of “chronic unemployment” and how economic concepts like price sensitivity, wage rates and monetary policy contribute to this phenomenon. Although there is a common denominator in such themes seeking to deal with the reduction of unemployment or even the pursuit of full employment, a more definitive claim of these thinkers is based on the use of monetary expansion on the elimination of unemployment. (1994) To some degree, monetary expansion as it appears on the discussions of these academics presents a very inadequate tool to address the issue of expanding employment in society.

 

B.    Classical Theory

 

Similarly, the works of  (1994) revealed that the classical theory of employment is based on a couple of assumptions. One assumption is that the marginal product of labour is constantly directly related to the wage of the workforce. To this extent, this assumption presents a particular focus on the effect of a loss, even as slight as one unit, on the wage of an employee. This means that the wage of the said component of the workforce constantly, is equal to the amount on which could be lost if the level of employment in a certain community would decrease by a single unit. However, the effects of this assumption may similarly not work if the competition in the market is characterized as imperfect.

 

Another assumption of the said theory states that the marginal disutility of a certain amount of unemployment is directly related to the utility of wage the moment a specific quantity of labour is employed. (, 1994) The term disutility in this context denotes every type of cause which may well trigger a person or a group of persons to refuse to give their labour that to receive wage. The said assumption provides that the real wage the individual who was employed is merely sufficient to acquire the amount of labour which is actually required.

 

C.     Marxian Theory

 

The Marxian theory of employment provides that unemployment points out to the build up of capital and control of the private sector as compared to the tools of production and the blatant refusal of the laissez-faire system. The said theory claims that unemployment in a certain community is brought about and triggered specifically by the presence of capitalism. ( 1994)   

 

III.    Common law Duties of the Employer

 

The employer's duty to his workers is usually addressed under four titles. These include the provisions of a competent staff, a safe place of work, proper plant and equipment, and a safe system of work. These are merely attributes of the more comprehensive duty to perceive that reasonable care for the wellbeing of employees is acquired. Moreover, under the principle of common employment at common law a master was not legally responsible for the negligent injury brought about by the exploit of one of his employees towards a fellow-servant partaking in a common employment at the instance of the mishap. Similarly, the employer's duty to his workers is personal and non-delegable. He can hand over the implementation of the duty to other people, whether his workers or autonomous contractors, but not liability for its negligent implementation ( [1937] 3 All ER 628)

 

A.    Competent Staff

 

The employer has a responsibility to choose capable fellow employees, and a comparative responsibility to provide them appropriate training in the utilization of equipment. This is revealed at (1951) 95 SJ 655. On the other hand, if an employer is aware or can anticipate that the actions that are being carried out by his/her workers may bring about physical or psychiatric injury to an associate employee, it is open to question that the employer could be in violation of duty to that worker if he did nothing to put a stop to those actions when it was in his authority. An illustration of this case is presented in  (2000) 27 July.

Moreover, the applicant might be subject to harassment by the other employees. This is also revealed in (1965) Times LR, 25 May. The applicant here claimed damages in opposition to her previous employers, claiming that harassment and maltreatment by fellow-employees had brought her almost to a nervous breakdown. She argued that the defendants have to have offered realistic circumstances whereby she may well accomplish her duties, should have acquired practical measures to look after her from unwarranted intrusion by her co-workers, and had been unsuccessful to bring to bear due care and proficiency in upholding suitable discipline. It was understood by the judge that these accusations should not be stricken out; but that a further accusation that one of the defendants' associates had been bad-mannered to her was, as grounds of action, misconceived, and have to be stricken out.

B.    Safe Place of Work

 

An employer has to acquire such measures as are reasonable to make out that the site is safe. This tenet is stated in  [1945] 1 All ER 235, 236. In this case, the applicant was employed by the defendants to work in one of their shops, in which there was a line of vats holding a fluid called suds and employed for lubricating the lathes. The liquid was often trickled while being taken to the lathes, therefore causing the floor to be greasy. So as to address this hazard, labourers were employed to scrub the floor occasionally, or to place sawdust on it. Over the queue of vats was a water tap and underneath was a movable board made of wood, coined as a duck-board, which was utilized for reaching the vats or the tap. While going to the tap with the intention of cleaning a teacup for her own utilization the applicant lost his balance on the duckboard and was ill with personal injuries. At the instance of the accident, suds had been speckled over the duck-board and no sawdust had been placed on it. It was decided by the Court of Appeal that the responsibility of the employer to offer safe appliances broadens to envelop all actions generally and realistically incidental to the every day work, and, consequently, extended to the applicant's case. This instance is also applicable to employees with disabilities. It is in this context that the employer should provide them a safe place to work regardless on their condition.

C.    Adequate Plant and Equipment

An employer has a responsibility of acquiring reasonable care to offer appropriate appliances and to sustain them in a suitable condition (1891] AC 325, 362). If the essential equipment is not available and this brings about a mishap he will be legally responsible, even though he is not essentially compelled to take on the most recent developments and equipment ( [1915] AC 734). The company is legally responsible to provide the employee with the equipment they needed in order not to trigger any other forms that could aggravate their condition.  Moreover, if the member of staff would not have employed the tools if it had been provided, the employer's breach of duty is not the grounds of harm ( [1962] 1 All ER 623). In addition, an employer will not be legally responsible if an employee fall short in making the appropriate employment of the equipment provided for, nor where the worker acted unwisely and imprudently in acquiring the erroneous instrument for the job, presupposing that, where essential, the employee has been provided with sufficient coaching in the utilization of the equipment.

D.    Safe System of Working

It is an issue of fact whether a specific process needs a system of work in the concern of safety, or whether it can sensibly be left to the worker commissioned with the job. It is typically applied to employment of a usual kind where the appropriate application of managerial control would identify the system of working, provide tutoring on safety and support the employment of safety tools. ( [1943] 1 All ER 539) Even though usually thought of in the context of physical security, it is apparent that the responsibility to offer a safe system of work similarly expands to an employee's mental health.

This is shown in  [1995] 1 All ER 737. Here, it was decided in the QBD that where it was practically projected to an employer that a worker might be ill with a nervous breakdown for the reason of the stress and weight of his workload, the employer was under a duty of care, as an element of the duty to offer a safe system of work, not to provide the worker psychiatric harm on the basis of the quantity or disposition of the work which the worker was obligatory to execute.

IV.   Notable Contents of the Work Choices Act of 2005

 

This part of the paper is going to present the more outstanding contents of the said legislation. The said parts of the legislation that will be discussed below are among the areas deemed by the writer that would have considerable implications on the relationship involving the employer and employee.

 

A.    Fair Pay and Condition Prerequisite

 

According to the stipulations of the said legislation, the minimum wages and conditions of employment are applicable to employees that are under the Work Choices Act. Among the minimum condition presented in this category includes basic rates pay and casual loadings. The application of such rules is presented under the Australian Pay and Classification Scales. Another condition entails employees to exercise a maximum number of working hours amounting to thirty eight for every workweek. Annual leaves are also in order profiling four weeks for the employees including the additional leaves accessible to those who work in shifting schedules. Sick leave and carer’s leave are similarly indicated in this category.

 

Moreover, this section has similarly indicated award provision is also permitted by the said legislation. Such provisions include parental leave, long service leave, notice of termination, jury service, and superannuation.  The nature of such provisions are, according to the said Act, could not be adjusted. Though the said awards are not allowed anymore by the said provision, they are still permitted to be given to employees if the employers seem to be keen on giving more to their workforce.   

 

B.    Award Standards

 

The awards bestowed on the employees in Australia as provided by the Workplace Relations Amendment () 2005 covers fourteen areas. However, the said Act have also prohibited several other awards such as the change of the type of employment of employees. Specifically, the change from casual to another kind of employment is no longer permitted. Another is the employment of contractors or labour hire workers. This means the employment on companies should be directly hired and not from any employment agency whatsoever. Other minor changes and prohibitions include the enterprise flexibility provisions and trade union training leave.

 

Additional stipulations indicate that notional agreements be operational up to a period of three years as indicated in the Act. Their implementability could only cease when a new federal workplace agreement is made or a new federal award that directly affects the employer is created. When the provided three years are over, the company will implement the fitting federal industry awards. On the case of unincorporated businesses, their awards are to be labelled as transitional awards.  

 

C.    Role of the Australian Industrial Relations Commission

 

The Australian Industrial Relations Commission (AIRC) is the primary organization that works as a third party for employees and employers who are in dispute. The Workplace Relations Amendment () 2005 has reduced their powers immensely. Their compulsory powers of implementing alternative dispute resolution are removed. They could only enforce this in specific cases. These cases include the simplification and rationalization of awards and unfair dismissals to name a few.    

 

V.     Conclusion

 

The paper has presented the importance and the actual existence of duties that the employer has in the context of the employer-employee relationship. It is not only the employee that si required to how good faith, loyalty, and hard work in the said relationship. In the case of the implementation of the Workplace Relations Amendment () 2005, some conditions may well be compromised to a certain extent.

 

In such a scenario, the said legislation may have installed an apparent unequal bargaining power between the employer and employee. The imposition of the said act has compromised the flexibility of such occasions that have brought about bullying from the part of the employer, though it has been inexistence even before the act. Harassment and discrimination has similarly been a result of this absence of equal footing in this relationship.

 

The piece of legislation allows the development of agreements among the employers and employees. This permits the employers the leeway to remove certain conditions like holidays and other perks on the part of the employee. This provision of more authority on the employer may subject the employee to acquire the minimum possible conditions that an employer could provide, as opposed to providing what is fair and just for the employee.

 

On the other hand, the dispute resolution in this context is also given by the legislation an option of being a last resort when it arises. The problem in this scenario is that not all employees are able to defend themselves from the manipulative nature, and the presence of unequal power to boot, of the employers. In some instances, the intercession of a third party would be able to protect the rights of the workers.

 

Another issue on this aspect is that the termination process has been similarly altered by the said legislation. To this extent, unfair dismissal principles are compromised. This furthers the exiting inequity present in the system. Not only does the employers given specific rights to terminate employees for conditions such as having a particular number of staff or on account of operational concerns undermines the doctrines of due process in the employment sector. This leaves the employees constantly exposed to the possibility of abuse, and persistently at the losing end of the bargain.    

 

VI.   References

RISK ASSESSMENT METHODOLOGY:Fisheries Management

RISK ASSESSMENT METHODOLOGY

Fisheries Management

Introduction

            To make all the important decision regarding management, some forms of risk assessment is utilized. Basically, these risk assessments include the issues that need to be managed and the quantity of effort that is required to achieve adequate performance and avoid undesirable events. In many sectors, there are formal techniques for the completion of such risk assessments such as in insurance, medicine and engineering; however, in other sectors, the processes of risks assessments are often done implicitly. For managers of natural resource agencies such as in the fisheries management fisheries, the level of public inspection of decisions and their expectations of performance have significantly increased in recent years. As a result, there has been a shift to a more structured and transparent evaluation techniques in order to determine and justify the decisions made ( 2001).

            In addition, this need towards having a more formal decision-making process has also been highlighted and intensified through recent measures to implement the principles of sustainable development ( 1987) which has been known in Australia as ecologically sustainable development or ESD ( 1992). This model includes ecosystem based management. In addition, it has considerably escalated the issues important to each fishery due to its covered impacts on by-catch species and habitats, as well as potential impacts of these removals on the broader ecosystem (2002;  2005).

            In Australia, the development of the National ESD framework was started in 2001 in order to facilitate the process of the ESD implementation across all fisheries and aquacultures sectors. At the outset, there have been various concerns as to whether this would increase in the management and/or research requirement for each fishery ( 2001).This produced a strong reason to develop a process that will make sure that additional management actions and monitoring systems were only implemented to where it is necessary and only to an appropriate level. As a result, formal risk assessment techniques were suggested as a practical and logical approach specified the large number of potential issues and the impossibility of acquiring a perfect understanding for any of these.

            It should be noted that the idea of utilizing the risk assessment techniques are definitely not new especially in facilitating with the management in fisheries (  1994;  1997;  1998). Qualitative risk assessments are often utilized in stock assessment analysis which allows advisory/management committees to associate their recommended actions to the probability that stock abundance will meet some agreed level of performance (1992). These qualitative analyses are known to be highly robust; however, they necessitate considerable levels of information. In addition, they can only be applied in a small number of circumstances – usually in the assessment of a small number of target species. Nevertheless, it could be argued that the assessment of risks is possible of greatest importance in data-poor situations.

            Given the large number of potential issues that are being identifies as part of the process for the ecological sustainability development which many of it had minimal data, there is a requirement for an alternative method of assessing priorities. In circumstances where there are only low or variable levels of information, qualitative risk analysis methods are often used wherein there are already established standard procedures available. As outlined in these standards, the general procedures for environmental or ecological risk assessment have been adapted for use in the context of fisheries in order to form a module of the National ESD framework (2002).

            This paper presented a disciplined and consistent approach for the computation of a relative level of “risk” associated with each environmental issue, which was utilized to prioritize issues and lead to better management decisions. Therefore, the calculated risk value of an issue facilitates in determining as to whether it necessitates direct management and monitoring – decision which is critical in the long-term performance of any fishery. This paper will examine the effectiveness of the qualitative risk assessment within the context of fisheries management. In addition, the paper also explores the benefits as well as the problems associated with using the risk assessment technique presented in this paper.

 

Risk Analysis in the Fisheries Context

            The risk analysis methods that this paper will examine have been based on the Australian and New Zealand Risk Analysis ( 2000, 2004a) and been adapted for use in the fisheries context. The process for the Risk Assessment involves the examination of three important things namely: (1) the sources of the risk or issue identification, (2) the potential consequences or impacts associated with each issue, and (3) the likelihood or the probability of a particular level of consequence actually occurring.

            The combination of these will be able to generate an estimated level of comparative risk which can then be utilized to facilitate the determination of the level of management response that is necessitated. The main feature of any valid risk analysis is to have procedures for identifying the appropriate consequence and probability levels. As for qualitative analyses, the processes will necessitate to have sufficient descriptions for each level of consequence and probability – the more particular and accurate, the less uncertainty in assigning ratings.

to facilitate with the strength of this process, the general ideas of assigning consequences and probability outlined in the Risk Management Guidelines (2000) have been adapted into five comparable sets of criteria that specifically deal with the issues from the three environmental categories (Please refer to table 1). The five sets of criteria have been designed to facilitate process of the risk assessment by having levels that are significant to the issues being assessed. Therefore, the assessments of retained species either used Set A ‘target species’ - where these were of highly targeted/vulnerable species; or used Set B ‘byproduct/other non-retained’ - where these were minor byproduct species. Set B was also used to assess most of the non-retained species with the main exception being for the assessment of non-retained species that are classed as ‘Protected Species’ (for either cultural or conservation reasons) - these were completed using Set C. The general ecosystem issues were assessed using either Set D for ‘ecosystem (food chain)’ issues or Set E for ‘habitat’ related issues ( 2005).

Each of the sets has six ordinal levels of impact which ranges from negligible – virtually no impact with a score of 0 – to catastrophic – irreversible with a score of 5 – with moderate – having a score of 2 – being defined as the highest acceptable level of consequence. The qualitative likelihood table (shown in Table 2) also has six ordinal levels which ranges from remote, meaning it has never been heard of but is possible which has a score of 1, to likely, meaning expected to occur which has a score of 6. 

 

 

 

            To regulate and standardize the management outcomes which have resulted from these risk analyses, the risk values have been separated into five Risk Categories which ranges from negligible to extreme (Please refer to Table 3). The categories recognize the level of reporting needed and, more importantly, whether direct management of the issue such as imposing the increased levels of restrictions and collecting more data would be necessitated to minimize to maintain the current level of risk.

 

Discussion

            The qualitative risk assessment technique that has been discussed in this paper has revealed to be successful in recognizing and prioritizing issues especially in the ESD or ecosystem related issues ( 2005). It has been reported that previous implementations of risk assessments in fisheries have been more restricted in scope which mostly covers only target species ( 1998) or analyses of the intrinsic vulnerability of the individual by catch species (2001). Having a system that will cover all issues involved in the fisheries management in a consistent and transparent way will be significantly important as the level of public scrutiny continues to rise too (2001).

 

 

Impact on Management

            According to  (2005), the application of the risk assessment technique presented in this paper will allow the implementation of the ecological sustainability development for all commercial fisheries to proceed without causing an unrealistic, and significantly, unnecessary increase to the expenses of management. However, a modest increase in the issues needing management from the results of the risk assessment technique presented in this paper may not be reflected in all circumstances. Apparently, the level of increase will be dependent upon the fishery being examined and the management arrangements which already exist. In some jurisdictions and locations where current restrictions or compliance on the fishing methods allowed and controls on the total effort/catch are not as robust, such assessments may emphasize many areas necessitating enhancements. Even in these cases, the scoring system can discriminate among these to recognize the higher risks and facilitate the prioritization of the issues that needs to be addressed first ( 2005).

 

Stakeholder Acceptance

            Aside from the prioritization of issues, one of the principal benefits of using this risk assessment technique has been the considerable involvement of the various stakeholder groups through the process. This involvement will happen at the number of stages including the identification of the issues, the initial rating of risks, as well as the review of the risks produced.

During the stage of the identification of the issue, all participants will be encouraged to raise the potential issues for assessment including those even those where only rumors of an impact are available. Formally addressing all issues is considerably beneficial because if one stakeholder claims that it is a problem, others might also think so too. Even though these issues were sometimes found to have only low risk values, and sometimes, the assumed impact did not even occur, the risk assessment methodology will reveal that it will be able to deal with the issue fairly.

The recognition of the risk values also will include input from all stakeholders, rather than being a process which is purely based on expertise. In most issues, an agreement is used in determining the appropriate risk values which is based on available evidence, which will mostly be provided by relevant experts. Nevertheless, there will be times wherein there will be differences of opinions and agreements will not be achieved. In such cases, each proposed risk combination and the rationale for this position will be recorded. 

The final risk combination that will be used will be identifies after each of the supporters had the chance to present a more detailed written submissions – with the ultimate view being the one which is most advocated by the submitted information. In such cases where parties will suggest or propose more extreme views, either significantly higher or lower than the majority, they will be generally unable to present adequate direct evidence or inferential information to support their position. Nevertheless, the risk assessment report will still record that other alternative views were presented and proposed which will be able to facilitate reviews at some point in the future.

These differences of opinions sometimes will arise where there is inadequate supporting evidence available. In such cases, the environmental groups often will want a either a higher risk recorded until they will see the extra material, or a conditional agreement will be reached whereby if sufficient material is produced in the written report to support the statements, they would agree with the proposed risk values ( 2005).

            In most cases, this high level of involvement among the stakeholders has facilitated in the acceptance by the stakeholders of the outputs from the risk assessment process. In addition, it has also provided a forum for the various groups “clear the air” by clearly and openly giving the opportunity to assess anything that may have been thought to be an issue. As for some fisheries, there will be ultimately full agreement about the risks. Even in circumstances wherein these were not attained, the number of controversial issues is usually one or two – significantly smaller than before the process for the risk assessment was initiated.

 

 

Ecological or Social Values

            The risk assessment process discussed in this paper will be in some circumstances being made complicated where the impact holds a strong public reaction which is based on societal values. Similar difficulties will be recognized for the analyses and interpretation within the fish health area ( 2001) and reflect that all assessments and evaluations of the level of acceptability will be affected to a greater extent or lesser extent by societal values.

For management purposes, it is relevant that there is a recognition as to which type of objective – be it societal or ecological – is being assesses, and therefore, which consequence scales need to be utilized. For example, there is little value using resources to determine the ecological impact from the capture of ‘x’ number of a protected species by a fishery if the community will not tolerate, for moral reasons alone, that level of capture. In these cases, reducing the levels of capture may be the only option for continued access (2005).

 

Conclusion

            It should be noted that the risk assessment that has been presented in this paper has now been applied to various fisheries sectors especially in export ones.  In addition, this risk assessment technique has been successfully adapted for use in identifying and evaluating the risk of issues associated with the development of management for aquaculture (2004).

            The main features for the success of this system are that it is comparatively simple to apply and all issues can be evaluated, even where minimal data are available. The inclusive nature of this type of risk assessment technique, as well as the necessity to fully document outcomes increase both the transparency and the discipline of management decision-making, in addition to the acceptance of the stakeholders.

 

Exam paper

QUESTION ONE

 

In the case situation directed to question one, I think there was a communication problem between John and Betty upon the offer of John to supply 600 LSC lap top computers. Betty was told to complete the enclosed order from and post it back as soon as possible. I believe there was a problem with Betty since John has already sent the order form to her as it already contains terms and conditions prescribed by LSC and that the price of the lap top will be HK $11,000 for every lap top item and that there should be an increase of lap tops on the date of delivery. There was miscommunication on Betty’s part as she asked for the terms and conditions even tough John has already sent it. Betty should take further considerations before deciding on the things that are not clear to her or which she did not understand completely and that as a general manager she must internalize on the terms and conditions as on the later part of the situation there was no conditions that governs the sale of the lap top computers. Betty being the general manager should adhere to the appropriate actions that will reflect the order process of such office materials such as lap top computers and before agreeing to the incomplete terms and conditions, it is better for Betty to review every detail of the process to avoid critical problems in the end that will caused her and other hotel staff to have a misunderstanding most to the HR area. The terms and condition fails to explain more on the spontaneous matter as it only stated the increased prices of the lap tops and the mode of its delivery. The order form was salient on the effect of increase in the cost of the lap tops during its date of delivery. Thus, Betty has accepted the order along with the terms and conditions as stated in the clause. The terms and conditions are not duly imposed due to the fact that the other clause for it is not being included in the order form.

 

 

 

 

 

Moreover, Betty may accept the confirmation letter from john and agreed to the increased of prices and that Betty should now the process of ordering materials and that the complete terms and conditions is important and must be duly understand in reflection to the mode of agreement before deciding on a much higher transaction as business is to planned out and be acted accordingly on its policies and rules as mandated by the company. Furthermore, today's quality systems mandate contract review as an integral part of critical business system that Betty should act upon as the terms and conditions are seldom given the critical examination that the hotel deserve as mere contingency details, the day may come when the contingency has arrived within a single source of commercial law governing the lap top sales contracts. Typically, the sale of products is accompanied by terms and conditions of sale and that as a producer or seller; I agree that a person must be able to spot issues that may have a detrimental affect on his business. In today's world, you may have already lost the battle of the forms if your electronic means of confirmation does not provide your customers with your terms and conditions. Any acceptance or written confirmation that indicates an intention to enter into a contract will be effective as an acceptance, as long as it is sent within reasonable time. The rule at law is that for communication to be constructive, which means that for legal purposes Betty is deemed to posses the requisite knowledge, notice contained within a document must draw the attention of a reasonable person to the existence of the information. Fundamental and important terms will represent an agreement which Betty may choose to accept or reject as she cannot possibly be bound and held liable in any contract until full details of all of the terms have been properly communicated to and received by her and her acceptance that should be communicated appropriately by John.

 

 

 

 

 

If different terms and conditions are sent in return, additional terms will be added to the contract unless they have a material adverse affect on it. Betty as a general manager in charge for the lap top orders from a supplier must look into several needed points per se.

Insist to have detailed written agreements either in the form of a formal contract or a purchase order

The use of a process that ensures that Betty acknowledges in writing that supersede LSC’s terms and conditions and being a buyer of those lap top products, she has to also use a process that ensures that she know what terms and conditions are governing her agreement to buy.

 

 

 

 

 

Word count: 800 words

 

 

 

 

 

 

            QUESTION TWO

In the case situation involving question two, it implies that the offeree for a sale of hotel property receives information from a third person that the offeror has decided to sell the hotel property to a person other than the offferee, the offer made by the offeror is necessarily revoked – this means that the offeror failed to follow suit when able and required to do so. Firstly, the offeree should confirmed regarding the reliability of the information received by the third person that the offeror of the hotel property has decided to sell it to the other person in order to avoid communication problems and further complications of the situation, the offeree must then make a clarification regarding the truthfulness and validity of the information received by the third person and then as early as possible contact the offeror and ask him if he is selling the hotel property to the other person or not so as to have whatsoever business transaction that they have to run smoothly. Henceforth, if there was already a written agreement between the offeree and the offeror meaning, there has been a duly signed contact for the selling of the hotel property then, the offeree is free to file a charge to the offeror emphasizing that the offeror has done an unlawful action in the process and that the offeree may file a breached of contract against the offeror of that hotel property he is deemed to buy as it is not allowed by the law policies and in turn, the offeror may be in prison or pay the suitable amount for violating the contract if any, that he have to the offeree. Thus, the basic rule is that parties to contracts must perform as specified in the contract unless, the parties agree to the change in the contract's terms and the actions of the party who deviates from the terms of the contract are implicitly accepted by the action and or the non-action of the other party. If there is no acceptance of deviation from the terms of the contract, and the deviation is serious enough to make any real difference in the intended result of the contract, then the deviating party is said to have breached the contract and that his justified interference with the performance of the other party is also a breach.

Of course if one party fails more to perform the contract and or totally prevents the performance of the contract by the other party, the situation is straightforward.  The situation becomes more complex where the argument is over the quality of materials, the timing of work respectively. Breach of contract leaves the improperly performing party open to a claim for damages by the other party.[2]  The non- breaching party is relieved of his obligations under the contract by the other party's breach. There has to be a limit to the equivocal of the dissatisfied offeree with precise shades tiny imperfections in services.[3]  A party can unintentionally fall short of perfection, but if he has substantially performed his duties under the contract, he can still sue the other party for payment. The dissatisfied party can usually win some adjustment in the amount of payment as compensation for the minor defects in the performance.[4] The purpose of damages in suits on contracts is at best to place the injured party in as nearly as possible the same position he would have been in had the contract been properly performed and in order to restore him as nearly as possible to the position he would have been in had he made no contract at all as it entails that no one should suffer loss because another has failed to perform a contract properly.[5] Moreover, the offeror then must inform the offeree that he is going to sell the hotel property to the other person if it is in accordance to their verbal or written agreement if there is any and if there was no written contract between them I believe that the offeree still have the right to know direct from the offeror that the hotel property is to be sold to other person aside from the offeree and that if there was a written contact that says that the property is exclusively to be sold to the offeree then, I think there was an indication that the offeror has taken a breached of contract and that he is reliable for an explanation and may possibly pay the offeree for any damages depending on the agreement as reflected and involved in the contract. 

Word count: 761 words

 

Globalization in the world today

Globalization in the world today

Introduction

            If you think only Americans and Europeans love burgers and fried chickens possibly because of their Western ways, think again. In the busy mall of Star House in Tsimshatsui in Hong Kong, a throng of Chinese shoppers can be seen frequenting this popular fast-food chain with just as popular grin that tells you “McDonald’s, eh?”. What could be the Chinese translation on that?

            Does Globalization ring a bell?

            In this modern time, Globalization has taken a big role. No longer can Americans wear popular clothing apparel like USA sports exclusively for themselves.  In the different part of the world, a Chinese, a Portuguese, a Malaysian, a Puerto Rican can sport this kinds of brand anywhere and whenever they go.

No longer can Italians, known for their delectable pizza, eat them just for themselves, a Filipino, an American, a Greek, and other nationalities began eating and loving them.       And no longer the term MTV can only be heard and seen across the United States, in Europe, and even in Asia, the popular music television has been the mantra of teenagers of today.

But what really is Globalization? According to Dr.  of the  and author of a new book on globalization, A New Map of the World, globalization refers to the integration of the economy at a global level and involves two main features: most trade takes place among multinational corporations, and the major activity in the global economy is the flow of money in the form of derivatives, foreign investments and the like. The daily financial flows grew from around US $200 million per day in the mid 1980s to US $ 1.5 trillion per day in the late 1990s. Linden added that the change in activity is different from the internationalization of the economy that was seen during the period of the British Empire and before the First World War. ()

More over, globalization has been used in a diversity of senses. Such are the concepts of global interdependence of nations, the growth of a world system, accumulation on a world-scale, the global village and many others are rooted in the more general notion that the accumulation of capital, trade, and investment is no longer confined to the nation-state. In its most general sense globalization refers to the cross-national flows of goods, investment, production and technology ((1999)).

In simplest terms, Globalization means opening and cross-relating of different economies in the world to have a wider and diverse market.

According to authors of the Index of Economic Freedom, "The countries with the most economic freedom also have higher rates of long-term economic growth and are more prosperous than are those with less economic freedom." It should not then come as a surprise that developing countries want more globalization, not less. Therefore, when conservatives discuss promoting globalization, they try to export liberty and the free market that promotes it ( (2005)).

Furthermore, Dr.  pointed out that the term “globalization” is actually what the people see the world as their home – the planet as the place where they live – rather than just a village, country, or region.  of the University of  believes that we now think about the world as a single place in a way that previous generations didn’t, a reorientation of social awareness and social imagination that has implications for the way we view areas such as citizenship, identity, community, and democracy. ()

 

Global interactions and misconceptions

 

In this modern time, the word Globalization has entered common phrasing, and misconceptions abound. "Many people make the mistake of thinking that globalization is like smearing US culture everywhere," says Linden. "I don't think the global economy is particularly interested in creating an economy other than one of consumerism, an economy that accepts other cultures' consumerism and accepts US values." ().

Neither is it about product uniformity, says Dr . "Global processes will work and manifest themselves differently in different places," he says. "If you've got local cultures, institutions and actors interacting with an international process or organization you get something new." Local influences are actually becoming more significant, he says. "They are what mark things out as different and give them extra value." MTV is an international brand, for example, but the content is different everywhere ().

"Ford once tried to market a 'world car' and it was a drastic failure because Americans like bigger cars, Europeans like smaller cars, there were left- or right-hand drive issues, and so on," states . "In the future, people might merge towards similar things, but they're certainly not there yet-even in cars, a fairly ubiquitous product." ().

In fact, according to  producing products that are precisely the similar is quite the exception. "It's even arguable that Coca-Cola does it. Its goods are produced in a whole range of local factories and the packaging is different. If it was globalization as we often imagine it, it would be exactly the same in every place, probably produced in one place and shipped everywhere." ().

The growth of English as the international business language is often put forward as one of the effects of globalization, but it might also be a driver. "It's the direction of causality that's the issue there," says . "I'd argue that one of the most important things that enabled globalization is the creation of international time, because unless you have the possibility of coordinating time zones, you can't make a deal."  describes these issues of standardization as being part of an infrastructure upon which globalization is built. "It's like trains and railway tracks," he says. "They both need one another but unless you put the tracks down, the trains don't run." ().

 

Varied reactions

 

Peoples in the world, it seemed, have diverse thoughts about Globalization and its effects on them. Filipinos in a poll conducted by Social Weather System, for example, gathered that two out of every three Filipinos said globalization has positive effects on them and on their families. While the Ugandan senior officials, on the other hand, expressed worries about the side-effect of globalization. "Acceleration of globalization is often accompanied by a sharp increase in economic inequalities," said , Ugandan minister of gender, labor and social development, in her opening statement at a two-day national dialogue on the social dimensions of globalization(  (2003)).

But according to , in  September 1 2000 issue, globalization is very hard to stop precisely because it is driven by lots of people hell-bent on increasing their prosperity. Nike stockholders, he wrote, want to boost profits by holding down production costs, which means manufacturing overseas. Furthermore, Indonesian workers want to elevate their income by moving from farm fields to Nike factories. Nike customers want, well, they want shoes that have not just the generic “Air Sole” (old hat) but a “Tuned Air unit in the heel and Zoom Air in the forefoot” – not to mention “Optimal Motion flex grooves,” he said.

Meanwhile,  in Canadian Speeches March 1, 2001 issue said that Canadians are uneasy about globalization. He said that Canadians see big gains from free trade and protection, but are leary about some of its side effects.

 

Global strategies

 

            Every company (must have a globalization strategy to survive in the 21st century.

Many, if not most cases, companies see globalization as a matter of taking a superior (by assumption) business model and extending it geographically, with necessary modifications, to maximize the firm's economies of scale. From this perspective, the key strategic challenge is simply to determine how much to adapt the business model—how much to standardize from country to country versus how much to localize to respond to local differences. Recently, as at Coke, many companies have moved toward more localization and less standardization. But no matter how they balance localization and standardization, all companies that view global strategy in this way focus on similarities across countries, and the potential for the scale economies that such commonalities unlock, as their primary source of added value. Differences from country to country, in contrast, are viewed as obstacles that need to be overcome (2003).

Furthermore, to correctly choose how much to adapt a business model is certainly important for extracting value from international operation. But to focus exclusively on the tension between global scale economies and local considerations is a mistake, for it blinds companies to the very real opportunities they could gain from exploiting differences. Indeed, in their rush to exploit the similarities across borders, multinationals have discounted the original global strategy: arbitrage, the strategy of difference (2003).

 

Of course, we're all familiar with arbitrage in its traditional, and least-sustainable, form—the pure exploitation of price differentials. But the world is not so homogeneous as to have removed arbitrage from a company's strategic tool kit. In fact, many forms of arbitrage offer relatively sustainable sources of competitive advantage, and as some opportunities for arbitrage disappear, others spring up to take their place. I do not claim that arbitrage to exploit differences is any more a complete strategic solution than the optimal exploitation of scale economies. To the contrary: If they are to get their global strategies right in the long term, many companies will have to find ways to combine the two approaches, despite the very real tensions between them ( 2003).

Further on, a global strategy does not mean that the company must necessarily have a presence around the world. On contrary, it simply means that the company must perceive global competition and global markets and has determined the best strategy to prosper in that environment. "Global" means the entire world -- but is made up of smaller more individual geographic entities beginning with the market in your current state or province and extending beyond (2002).

And becoming a “global player” is not only reserved for the large manufacturer,  (2002) said. There are several furniture manufacturers who have carved a niche in the European market. One northeastern company with 70 employees exports to England and currently dedicates about 20 percent of its production to this market. Again, it is important to understand that a global strategy does not have to encompass every continent but can be regional. “The most important point is to have a plan!” he said.

Exporting is an obvious option to consider as a global strategy but is often the last consideration as companies look for ways to cut costs to compete domestically. Carving a niche and exporting your products to a foreign market is one of the choices that can contribute to your growth and profitability. Of course considerable market research must be conducted in order to identify the markets that will be most viable for your products (2002).

 (2002) says that for a company to ignore the possibilities of exporting is a big mistake. He stresses that if a manufacturer can provide a product or service that has been made unique or distinctive, it has a starting point for exporting. The exporter must decide if it will engage in direct exporting where it controls the distribution channel with its own inventories and sales force or it  will engage in indirect exporting through brokers or export agents. Most ex

Conclusion

 

            Globalization has puzzled many, when in fact it only means, by simpler words, opening up of different economies around the world, building bridges instead of walls. True, the term is a coin, with two sides; one is positive, the other is a negative.

            The positive effect of globalization has been experienced by billions of people around the world. The world franchising of different popular brands are signs of this increasing globalization. People of American get the chance to experience other by-product of cultures like Chinese, Japanese, Norwegian, among others. Increase of profit is of one of the boon of having globalization to top corporations. Wider market equals bigger opportunity to increase profit.

            And on the other side of the coin, the negative effect of globalization would be a wider gap between being rich and being poor. It would be understandable that while bigger companies rake in a wider market, the competition it confronts with the smaller and younger companies is a daunting and bloody battle.

            But, as  said, in a world of globalization there’s always room for strategies. And these strategies have to be worked on. That to be a “global player” it does not only mean the company is seen around the world, advertised to different communications. But, you can be big player in a regional market. That is, you’re company operates on some part of the globe, not all, but still remains being competitive.

            Being competitive always lies in a company that has solid marketing strategies and just as solid organizational framework.

            Further on, strategies to keep the company solid and competitive should always be the ability to be flexible. Modification of the business patterned to that of the world standards are always the best way to prosper in a world mushroomed with competing markets. But, of course, having a plan is always the best to be successful in the business area.

            One thing a company has to aim should it aim global competitiveness is to consider exporting. This way, the company has the chance to have a wider market and just as wider chance to get a hefty profit.

            At a time and in a place of globalization the best way market should do is to focus on the positive effects it brings. Always, an issue is always composed of two sides – the positive and negative. But how to overcome the negative side and prosper on the positive side has always to us all. The challenge would always be if a new company can do what those old and successful businesses have had done in the realm of global competition.

 

MIDWIFERY: AN INVESTIGATION OF THE BENEFITS AND SUCCESS OF BREASTFEEDING FOR THE FIRST SIX MONTHS

MIDWIFERY: AN INVESTIGATION OF THE BENEFITS AND SUCCESS OF BREASTFEEDING FOR THE FIRST SIX MONTHS

 

 

Introduction

 

 

According to  (1976), the term ‘midwives’ applies to anyone in the position which has been socially differentiated as a specialized status by the society, given that that person is regarded as a specialist and a professional in her own eyes and by her community. The status of midwives can basically be influenced by four factors namely: geography; technology; the structure of society; and the culture of the people served by the midwife ( 1996). Midwives are in charge to many types of care, most specifically care related to maternity and labor. They are concerned with or about the dilemmas presented by conflicts in a wide range of issues such as: preconception care; genetic counseling; genetic engineering; fetal medicine; infertility; the reproductive revolution; screening for fetal abnormality; termination of pregnancy; contraception; care of abnormal babies; care of preterm babies; care of damaged or dying babies; care of disabled mothers; care of dying mothers; care of very young mothers; incest; child abuse; and advice and care throughout pregnancy, labor and postnatal period (1996)

 

            One of the specific tasks of midwives is to promote breastfeeding to mothers who have recently given birth. Breastfeeding can be commended as one of the most recommended child healthcare strategy to date, as the World Health Organization, health care associations, and government health agencies affirm the scientific evidence of the clear superiority of human milk and of the hazards of artificial milk products (2003). The breast milk that mothers’ produce has been proven to enhance immune system and resist infections, protect babies from chronic disease, and provide nutritional, physical and mental benefits ( 2003). However, despite recommendations, the time or duration to which breastfeeding is said to be implemented, is surrounded with contradictions as different nations and institutions recommend different breastfeeding times. For instance, the Canadian Pediatric Society, Dieticians of Canada and Health Canada have recommended exclusive breastfeeding for at least the first 4 months of life, then continuation of breast-feeding along with complementary foods for up to 2 years and beyond; while the American Academy of Pediatrics has recommended exclusive breast-feeding for approximately the first 6 months after birth and continued breast-feeding for at least 12 months and thereafter for as long as mutually desired ( 2004). It is said that the success of breastfeeding depends on the time and duration of its practice. This is because babies have certain and changing needs during the first months onwards. In the first 6 months, babies need an iron-fortified formula which can be readily given by breast milk ( 2005). The duration of 0 to 6 months is basically the determinant of effective breastfeeding as it is said that this period is a crucial stage in the baby’s health, although there are several experts who claim that 0 to 4 months will already do. This study will test and determine the benefits of extending the breastfeeding of babies to 6 months. The purpose of this study is to determine whether or not 0 to 6 months breastfeeding has more benefits compared to 0 to 4 months.

 

Research Questions

 

 

            In a recent study by the World Health Organization (2002), it was found that infants who continue exclusive breastfeeding for 6 months or more appear to have a significantly reduced risk of one or more episodes of gastrointestinal infection. Furthermore, the study also found that breastfeeding through 6 months is associated with delayed resumption of menses and more rapid postpartum weight loss in the mother (WHO, 2002). Recently, Health Canada (2004) has also agreed with these findings and starting to promote them through the publishing of white papers in the Internet. This study, however, questions such findings because even though it founded several benefits of 6 month breastfeeding, results may be different on other respondents and settings. Thus, this study will try to confirm such findings by addressing the following research questions:

 

1.      What are the benefits of breastfeeding to both mother and baby from 0 to 6 months?

2.      What are the perceptions of mothers on breastfeeding?

3.      Are mothers aware of the advantages of breastfeeding from 0 to 6 months?

4.      Is breastfeeding from 0 to 6 months really related with reduced risks of gastrointestinal infections, delayed resumption of menses and more rapid postpartum weight loss for mothers?

 

Rationale of the Study

 

            The purpose of conducting this study is to validate and affirm the benefits of breastfeeding from 0 to 6 months. This may contribute to the development and growth of research and studies concerning breastfeeding, which may help in promoting them to mothers. Furthermore, it may also help correct the duration of practicing breastfeeding, if ever, given that the results will show it is more advantageous to practice it within 0 to 6 months.

 

Methodology

The research will exploratory because it aims to know more about the phenomenon of breastfeeding. This qualitative study will conduct primary and secondary research.

In primary research, 10 mothers who have recently given birth and practice breastfeed will be interviewed and will be subjected into case studies. The respondents will be asked what advantages from breastfeeding they have observed.

Secondary data will be obtained from related literatures. The data will be analyzed using qualitative analysis.

 

 

 

 

 

 

WELFARE

1. In relation to welfare provision, why do you think that Brittan argued that there is “systematic upward bias to expectations” (p.11). How are VIAGRA, Higher Education and neonatal care examples of this?

           

In 1960s, the adverse effects of too much government expansion and spending in social services are felt in the form of declining in economic performance and rising standards of living (p. 8-9).  Upward bias was believed to aggravate these adverse effects instead of solving income inequality and poverty.  The government afforded to provide social services despite financial bottleneck primarily because of expected returns of “good deeds” and its effect in the next election for every candidate.  Politicians are viewed as opportunistic being in such a way that they used public money to obtain the sympathy of the voters.  However, as they do this, the scope of welfare provision took over the capability of private sector to compete, stimulate consumption and wages and provide competitive services in which government services often lack.  Neonatal care, which is very crucial as it involves child patient, should receive the most advance technologies for fast recovery and unquestioned due diligence in the part of medical practitioners.  This should not be undermined due to political ideologies and future benefits of some individuals.    

 

2. Describe what you understand by the concept of “Squaring the Welfare Circle”?

 

            It can mean how the government funds welfare provisions (p.6).  To be able to fit the circle into the square, the latter should have a larger surface area than the former.  Unless the government will opt to collect higher taxes or obtain external debt, the square should be self-supporting.  The government can adopt income-based model in which the circle is adjusted to the square.  By doing this, it can reduce the need for dependency in other sources except on its own resources.  However, due to the political structure of UK government in 1960s (p.8-9), the circle had come to the point of circling the square.  This of course is an unlikely situation.  In simple terms, the public is consuming more than it can chew.  This can either result to swallowing the whole food or leave the uneaten ones until they expire.  The question here is that is the public satisfied with the available food being supplied by the government?  How about with inferior quality or other negative effects of post-consumption?  In effect, the circle should be within the square not only for the sake macro-factors but more importantly for the sake of the freedom of micro-factors.        

 

3. Provide one or two examples of how the concept applies to your experience of welfare and taxation. For example as a student, a parent, a patient, someone is working in the public sector etc.

 

            Public services are oftentimes cheaper than private ones.  This is the subsidy being applied by the government as a way to offset the tax being paid by the citizens.  For a student enrolled in public schools, not only monetary subsidies are being held, but more significantly, their right to express their views in terms of new or modified school policies like tuition fees.  They are under the extension of the government’s subsidy in its welfare provision.  However, in times of recession, this can lead to students overpopulating public schools for the purpose of exploiting minimal fees or expressing their disgrace to the present government.  Would the circle still be beyond the square dimensions if the outcome is both monetary and non-monetary jeopardy for the government?  In the same manner, a patient may face the same implications of circle beyond the square scenario.  The cheap hospital services provided by NHA program will drive private ones from operations, probably due to price discrimination of the former.  In effect, the patient is left with minimal choices of public hospitals that are oftentimes having sub-optimal level of service.  No body wants their health to be simply judged by savings particularly when most of the population can afford a more service-oriented approach to health.  Thus, another review for government to pump-prime the economy and not become the economy.         

           

4. Summarize either the left wing or the right wing critique of the welfare state that emerged during 1970s?

 

            The left wing blame the fall of manufacturing industry due to excessive public spending (p.12).  This is associated with Powell’s earlier prediction that a rise in public expenditure leads to economic problems.  Further, it is dubbed as discouragement for private investments and fall of profits with simultaneously increasing wages and taxes (p.12).  There is also minimal control on the mobility of workers to transfer to service sector, thus, weakening the production capability of the country.  On the other hand, the right wing critique combined the shortfall of welfare state in both political and economic lenses.  In effect, it does not only address the increasing bargaining power of labor unions but more importantly the over reliance of the public to the government.    

 

5. Why do you think politicians consider it important to attempt to Square the Welfare Circle and create an affordable welfare state?

 

            Politicians are responsible for the general welfare of the public particularly in the areas of security, education, health, housing and other public infrastructures.  However, private decisions should not be curtailed by the government since people have their own value judgments that are not parallel to those what the government prioritizes.  Thus, squaring the circle is necessary to weight the benefits and costs of public expansion or contraction.  It will not only create affordable welfare estate, but more importantly, those which directly satisfies the need of the people.  If the economy is in boom, it is unlikely to demand public service due to price rather private service due to quality.      

 

6. What do you think are the implications of this debate for youth & community work?

 

            The debate affects youth because they are the future leaders of the country.  It will stimulate their decision-making capabilities due to present experience.  It will also provide them enough inputs on how to address public needs with an specific amount of budget in order to prevent adverse effects of welfare provision against the private sector.  For the community workers, this will aid the scope of their public service participation.  This can be the third sector that serves as the bridge of public and private agencies.  They can be the best tool to limit government intervention due to strong private investments or otherwise.  Being in the middle, they can serve as expansionary risk hedgers.

 

Bibliography

Economy

INTRODUCTION

The international trade from the name itself pertains to the interchange of goods and services get across the international borders.  Proliferation of international trade tends to be usually associated with the word globalization.  In majority of the countries where international trading is practiced, the earned money from the international trade dealings contributes significantly to the country’s growth domestic product as indicative of the economic performance of a country.  In this essay, the discussion would involve as to how international trading of a country can be an ally and an opportunity for workers and when will it pose a threat to the workers.  Further, of the fair share complexity of the processes involving in international trade, it would be worth noting in this essay one of the major challenges that international trade can run into.

Main Part

 

International trade can be both beneficial and harmful to the welfare of the workers who take part in the international trade business.  First, international trade provides workers the opportunity to work and earn to sustain daily living.  In international trade where workforce is vital especially in the production, international investors allocate money in the accumulation and the empowerment of the workers to fully maximize the human resources available since international trade connotes complexities.  International trade provide not only an opportunity to work but gives workers the chance to extend its knowledge and skills since international investors seeks to invest and provide offerings for additional seminars, workshops, schooling, and the like to further widen the depth of knowledge of workers in terms of the scope of complexities of international trade such that workers would be able to cope with the pertinent standards set in by international trade.

Contradictory to the window of opportunities that international trade offers, workers in the international trade can have difficulties to adjust and meet the cultural standards imposed which in turn pose a very potent threat to workers.  The cultural standard of countries varies and thus, therefore, serves as a barrier if no set of rules and agreements mediates in between and compromise on certain cultural issues. For example, workers in the developing countries like Indonesia have different standards compare with Saudi Arabia.  The workers may have a hard time of being able to meet the set of cultural standards set in by Saudi Arabia and the possible violation of any rules and the standard could endanger the worker because of the ignorance. 

Perhaps one of the major challenges that international trade can come across into is the evident disparities in labor rights and labor standards.   Most common in the developing countries, wherein, workers are often times being exploited due to the malpractice or unpracticed of the labor codes and the degradation of the recognition of labor rights that supposedly ensures that protection is duly given to every workers.  The absence of a fixed international standards that all countries agreed upon, leads to reluctance of countries to impose new cost on employers or the investors.  The acceleration of this trend, workers, in turn, could not reap what they have been producing, leading to global stagnation instead of growth.

ASTHMA CASE STUDY

ASTHMA CASE STUDY

 

Ø      Presenting symptoms and signs of patient

Kristina is a 64-year-old retired teacher who lives with her 66-year-old husband Kevin. On weekdays they just stay home and do household chores like cleaning the house and gardening. On weekends they would go to see their children and grandchildren or play golf. Kristina and Kevin has two daughters and three grandchildren.

Kristina has been admitted to the hospital for complaints of breathing changes, sneezing frequently, headache, coughing and having trouble sleeping. Upon questioning at the hospital, Kristina revealed that she has been feeling tired lately, has become increasingly moody, and has chin or throat itches. Her breathing changes specifically refer to shortness of breath. She also reported a feeling of tightness in the chest.

 

Ø      Formulation of the patient's problem and therapeutic objective

            Asthma is characterized by episodic or chronic wheezing, cough, and a feeling of tightness in the chest as a result of bronchoconstriction. Its morbidity and mortality is increasing, and its fundamental cause is still unknown despite intensive research (, 2001).

Asthma is characterized by spastic contraction of the smooth muscle in the bronchioles, which causes extremely difficult breathing. It occurs in 3 to 5 percent of all people at some time in life. The usual cause of asthma is contractile hypersensitivity of the bronchioles in response to foreign substance present in the air. In about 70 percent of patients younger than 30 years old, the asthma is caused by allergic hypersensitivity, especially sensitivity to plant pollens. In older people, the cause is almost always hypersensitivity to non-allergenic types of irritants found in the air, such as irritants in smog (, 2000).

            Three abnormalities are present in asthma: airway obstruction that is at least partially reversible, airway inflammation, and airway hyper-responsiveness to a variety of stimuli. A link to allergy has long been recognized, and plasma IgE levels are often elevated (, 2001).

The clinical approach to an asthmatic patient should be to first exclude other diseases that can present with cough and wheezing, and then identify and control exacerbating environmental or other factors. Drug therapy is an important therapeutic modality and enables most patients to lead relatively normal lives with few adverse drug effects. Drug therapy will be used as the therapeutic choice for Kristina over fluid and electrolyte therapy or oxygen therapy.

 

Ø      Therapeutic choice

            There are four classes of drug useful in the treatment of asthma. The first class is the B-adrenergic agents, including epinephrine, isoproterenol, ephedrine, and some more selective B₂-adrenergic agents. The B₂-adrenergic agents include metaproterenol, terbutaline, isoetharine, and albuterol. The second class of drugs includes theophylline and its derivatives. The third group of drugs is the corticosteroids. Finally, cromolyn sodium represents a class of agents which appear to directly inhibit mediator release independently of the cAMP system.

 

Ø      An outline of the pharmacology of the drug including its pharmacodynamics and significant aspects of its pharmacokinetics

Beta-adrenergic agonists (albuterol, epinephrine, isoproterenol, metaproterenol, pirbuterol, and terbutaline) produce bronchodilation by stimulating the production of cyclic adenosine monophosphate (cAMP). Newer agents (albuterol, metaproterenol, pirbuterol, and terbutaline) are relatively selective for pulmonary (beta₂) receptors, whereas older agents produce cardiac stimulation (beta₂-adrenergic effects) in addition to bronchodilation (, 2005). B-adrenergic receptors mediate bronchodilation, and treatment with inhaled B-adrenergic agonists is a standard therapy for asthma (, 2001).

            The second class of drugs also cause bronchial smooth muscle relaxation and inhibition of mediator release by elevating the intracellular concentration of cAMP by inhibiting its degradation by the enzyme phosphodiesterase (, 2005). Theophylline has an important effect on calcium flux across cell membranes and part of its beneficial effect may be related to this property.

            Corticosteroids’ multiple mechanisms of action are not well understood. In addition to reducing edema and inflammation, they appear to increase the sensitivity of the B-adrenergic receptor to catecholamines. The general action of corticosteroids includes profound and varied metabolic effects, in addition to modifying the normal immune response and suppressing inflammation. It is available in a variety of dosage forms, including oral, injectable, topical, and inhalation. Prolonged used of large amounts of topical or inhaled agent may result in systemic absorption and/or adrenal suppression (, 2005).

            Cromolyn inhibits release of mast cell products (2001). This drug interferes with calcium transport across cell membrane, which may account for its beneficial effect. Muscarinic receptors mediate bronchoconstriction, and muscarinic cholinergic blocking drugs are also used for treatment. Glucocorticoids are also used for treatment which inhibits inflammatory response (2001).

            In general, the adrenergic agents epinephrine and isoproterenol are most useful for treating the acute attack. Theophylline is a valuable adjunct to adrenergic drugs in the management of acute episodes; many consider it to be the drug of choice for long term continuous therapy. Because of their potentially dangerous long-term side effects, corticosteroids, while exceptionally effective, are withheld except for short-term use until all other treatments have failed.

Bronchodilators are used in the treatment of reversible airway obstruction due to asthma. Recently revised recommendations for management of asthma recommend that rapid-acting inhaled beta-agonist bronchodilators (not salmeterol) be reserved as acute relievers of bronchospasm; repeated or chronic use indicates the need for additional long-term control agents, including inhaled corticosteroids, mast cell stabilizers, and long-acting bronchodilators (oral theophylline or beta-agonists) and leukotriene modifiers (montelukast, zafirlukast).

 

Ø      Information, instructions and warnings to the patient and/or the relatives of the patient, if appropriate

The patient and/or the relatives of the patient should be taught of the importance of taking only the prescribed dose of the drugs at the prescribed time intervals. They should also be advised to contact health care professional promptly if the usual dose of medication fails to produce the desired results, symptoms worsen after treatment, or toxic effects occur. In addition, the patient and/or the relatives of the patient has to be informed to avoid beta-blocker drugs (Inderal, Tenormin, Visken, and Lopressor) because they may worsen asthma or precipitate an episode.

 

Ø      Treatment monitoring

Treatment should be continually monitored since individual patients may exhibit varying susceptibility to the beneficial or adverse effects of a certain drug used in therapy. Greater caution should be exercised and lower dosages should be used in patients who have abnormalities like congestive heart failure or advanced liver disease or those that are elderly. Patients who show no improvement or whose signs and symptoms of asthma progress despite the drug therapy used should be started on another kind of therapy.

 

Ø      Stopping treatment

Treatment should be continued in the route specified until the patient’s condition has stabilized and there is no danger of progression of the asthma to respiratory failure. Only after the healthcare staff is sure that the patient’s condition has stabilized should the treatment be stopped.

 

References

 

 

Information Technology Office Requirements and Guidelines

Information Technology Office Requirements and Guidelines

 

            The company employs 50 people, of which 35 of this works on the manufacturing floor, five on the deliveries, and ten in the office. The office structure is as follows: one Managing Director (MD), one Finance Director (FD), one Accountant, one receptionist, four architects and designers, and two sales staff. The current Information Technology (IT) architecture is ten personal computers in the office. Specifications are: a PII, 2 gigabytes, 128 RAM, a CDROM, 15 CRT, and P2Pnetwork using a 16 port router Software: win98, office98, copyACT2000, one copy of sage line 50, 4 licenses for AutoCAD, and old copies of MacAfee anti-virus.

            Only the MD and FD have emails and internet access, and there is no network security (everyone can check everyone’s files and tasks. MD feels that the company should be using IT more effectively.

 

Introduction

           

Today’s information age, the need for companies to stay abreast with the current technology advancement is a necessity should they desire to be competitive and effective. Information Technology although costly is a fool-proof method to expedite organizational and production processes.  Moreover, with today’s document and data done and saved on PC, transactions and processing mostly (if not all) through the web, IT is functioned to protect these from unscrupulous  people.

Hacking, virus-spreading, and PC dismantling are among the concerns of IT and companies who are fully dependent on today’s computers.

 

IT guidelines

 

            Given the situation above, MD desires to have his company embraced with the current Information Technology is a good one. That way, the processing and the production of his company will be speedy. Security is one of the primary concerns manifested in the above situation. An employee can always check his other co-worker’s task and data. If worse comes to worst, that employee can even risk his co-worker by sabotaging his works. Therefore, the need for security passwords in every PC, and in every employee is a must. This way, an employee cannot check his co-worker’s task and documents without breaking through the password.

            According to  of Chemical Week, the risk of cyber-security breaches at corporations, government agencies, and institutions remains high.

            Also, MD can have all his employees with emails through Microsoft Outlook. This way, messages, announcements, warnings, and other pertinent notices can be made short cut without going to hold meetings every day so all employees will be well-informed. And, MD hesitation to have internet access inside the company can be remedied by blocking all the internet access sans the company’s website.

 

Conclusion

            The need to adopt Information Technology in the company nowadays is, as said earlier, a necessity. One can surmise the advancement the IT brings – it hastens the processing inside the organizational framework, it increases the production outputs. And not only that, it stays abreast with other companies nowadays that are fully adopting IT in their system.

 

Communication and Cultural Strategies of McDonald’s Globalization in Hong Kong

Communication and Cultural Strategies of McDonald’s Globalization in Hong Kong

 

 

Introduction

Fast food chain, are considered as one of the most powerful and famous business in the world.  Many believed that the concept of fast food chains nowadays is linked with the efficiency of the capitalist and the practices of the American consumers. This feature has become the recipe for McDonald’s success and popularity. For some, fast food chains symbolize good capitalism and as opponents of modernity have proven fast food chain is absolute and a powerful factor that make great influence in both society and the culture (1993).  There is one fast food chain industry that conquers the marketplace in the global arena, i.e. McDonald.

 

McDonald's restaurants offer a substantially uniform menu, common in the usual fast foods. This includes hamburgers, cheeseburgers, chicken sandwiches, french fries, salads, milk shakes, desserts and ice cream sundaes. The company’s top sellers, and can also be considered as innovative ones, include the Big Mac, Quarter Pounder with Cheese, the Filet-O-Fish and Chicken McNuggets ( 2004). Recently, the company has added a number of new nutritional products. This includes the Salads Plus products i.e. Garden Side Salad and the Grilled Chicken Flatbreads ( 2004). Uniformity continues in McDonald's restaurants operating in the US, UK and certain international markets that are open during breakfast hours and offer a full or limited breakfast menu.

 

The McDonald restaurants undoubtedly present a useful and effective example of a common sociological artifact that can be scrutinized to create a more universal conceptualization. Several artifacts and traditions of the modern world are as well recognized and omnipresent as McDonald’s popular brands, promotional strategies with the famous toys and films, its charities and the McDonald’s saturation advertising. With the unique and efficient strategy of McDonald, both the rationalization of production and consumption of its products have been incomparable in the modern society, and functions as a model for the emergence of the term McDonaldization. The discussion that follows presents the communication and cultural studies of McDonald’s globalization strategy in Hong Kong.   

 

 

Market Penetration of McDonald’s in Hong Kong

Globalization is an undertaking to make markets, politics and the likes to be same throughout the world. It is in as sense a process of denationalization of markets, politics and legal systems, i.e., the rise of the so-called global economy. They have utilized the most effective way to influence people and that is through attempting to alter their cultural orientation. As such, cultural re-orientation is necessary in order for the imperialist to introduce new products to the target country therefore creating a new market. While it is common to see cultural values such as ‘modernity’ as a product of the early family environment (1973), it is often far from clear how such values may be transmitted, as broad notions of ‘socialization’ are rarely defined. Every society is full of artifacts and norms or rules that help maintain and bolster cultural values ( 1992). These ideas become shared among members of a society.

 

As stated earlier, many aspects of the Hong Kong way of life has already been infiltrated by globalization. One of these aspects is food production, distribution and consumption. It is usually the case that when tourists are handed Hong Kong tourism brochures yumchas will be highlighted. Before, they would highlight Hong Kong as a shopper’s paradise given the diversity and competitive prices of goods (1997). However, in recent years neighboring Asian countries were able to grab the title away from them. Because of this yumchas became one of the sought after Hong Kong experiences. Yet, another global event threatened to eradicate yumchas as one of the sought after Hong Kong experiences.

 

McDonald’s is among the most popular fast food brands in the world. Started out in the fifties, McDonald’s now boasts of operating, franchising, and serving a worldwide chain of around 30,000 fast food restaurants that prepare, package and sell a menu of ready to eat foods. Specifically, it has branches in 119 countries, and claims to serve 47 million customers each day (, 2004). The company and its franchisees operate all restaurants in order to guarantee uniformity in both services and standards. When granting franchises and forming joint venture agreements, the company is selective and is not in the practice of franchising to, or partnering with, investor groups or passive investors (2004).

 

In 1975, the first McDonalds were opened in Hong Kong. Many thought this was one wrong move for McDonald’s. Various reasons were laid for this claim.  Although, the main reasons lays on the fact that Americans and Hong Kong Chinese at that time have very different perceptions about food. McDonald’s, being an American food chain, view breads as full meal while Hong Kong Chinese view them as snacks. As time went by, McDonald’s slowly became part of the Hong Kong landscape and way of life rather than just being an outpost of American culture.  Hong Kong Chinese soon accepted that the food McDonald’s produce and serve are ordinary, thus, they are for ordinary people like them (1996). Furthermore, believes that the introduction of McDonald’s to the Hong Kong society changed the very weave of Hong Kong’s cultural fabric. Along with the rest of the world, Hong Kong was being McDonaldized.

 

 

 

Communication and Cultural Strategies

The first person who had coined the popular phrase “McDonaldization” is  in his “McDonaldization of Society” which describes the development of modernization i.e. connected with the fast food industry. According to (1996), the fast food restaurant is the modern paradigm of the rationalization system ( 1998).  McDonaldization is defined as the process of adapting the standards of the fast food chain which functions in a gradually broad range of the social settings including the higher education, health care, work places and other organizations (1997). The point of McDonaldization is to remove unpredictable circumstances from both the production and consumption of food. By eliminating ‘surprises’ from the consumption of food, McDonaldization also removes risk (1994).

 

            McDonaldization is a new process although it has deeply rooted in the historical process of rationalization. McDonaldization has a profound effect on the way individuals experience their world. The term describes the rationalization of society—the places and spaces where people live, work, and consume—using the fast-food restaurant as a paradigm. The process is a direct consequence of the ascendance of four related processes: a push for greater efficiency, predictability, calculability, and replacement of human with non-human technology ( 2000).

 

Since Hong Kong time is as valuable as money itself, the first cornerstone of Mcdonaldization appealed much to the Hong Kong society. The second cornerstone is calculability in relation to the food industry in which production needs to be quantifiable while the taste of the food being served is relative to the preferences of the target market. The third cornerstone is predictability which suggests standardization and uniformity of services while the fourth cornerstone is control that pertains to the standardization and uniformity of employees. The last two cornerstones are manifestations of the aim of McDonaldization to homogenize the food production, food services, and food preferences of the Hong Kong consumer market ( 2004).  According to  (2004), the Hong Kong society runs in an assembly line-like manner where production, distribution and consumption of products and services are being done in the fastest possible time while keeping with acceptable outcomes.

 

It is known that every organization’s primary purpose is to stay in business, so that it can promote the stability of the community, generate products and services that are useful to customers, and provide setting for the satisfaction and growth of organization members ( 1969;  1985; 1986).  In this regard, quality strategy if executed appropriately can make the company prosper not only through increased number of customers and the greater possibility eventual gained customer loyalty but also in fostering ideal working environment within the business organization.

 

For McDonald's, people are its most important asset (2004). This is because customer satisfaction begins with the attitudes and abilities of employees and committed, effective workers are the best route to success. For these reasons, McDonald's strives to attract and hire the best, and to provide the best place to work. In fact, McDonald's is so active and successful in newly emerging markets that other companies will sometimes use the golden arches as a valuable indicator of future growth markets.

 

Cultivating customer loyalty is about establishing a relationship between the company and its consumers ( 1997). This is emphasized by  (1997) who considers that gaining consumer loyalty is a business’s most advantageous strategic purpose because it has a constructive effect on company, culture, development and the bottom-line. Aside from being a strategic purpose, gaining consumer loyalty is also a key corporate challenge today especially in the increasingly competitive and crowded marketplace because of the eventual and inevitable profitability it will provide the company ( 1997).

 

McDonald's recognized the need for a co-coordinated marketing policy. In order to be successful, an organization must find out what the customers want, develop products to satisfy them, charge them the right price and make the existence of the products known through promotion. McDonald's, the franchisor grants the right to sell McDonald's branded goods to someone wishing to set up their own business, the franchisee. The license agreement allows McDonald's to insist on manufacturing or operating methods and the quality of the product ( 2004). This is an arrangement that can suit both parties very well. In Hong Kong,

 

Channel communications works in a two-way system wherein information transfers to the user and bounces all the way back to the producer (1992). In other words, marketing communications works like a feedback system, which allows company producers to relay information to the customers. In response to the provided information, consumers give certain reactions or behaviors. According to  (1990), if consumers somehow become better customers -- that is, more knowledgeable, participative, or productive -- the quality of the service experience will likely be enhanced for the customer and the organization.

 

Organizations that capitalize on customers' active participation in organizational activities can gain competitive advantage through greater sales volume, enhanced operating efficiencies, positive word-of-mouth publicity, reduced marketing expenses, and enhanced customer loyalty (1979;1990). Cinema and television advertising have played a major part in McDonald's marketing mix. McDonald's is now the biggest single brand advertiser on British television. Radio and press advertisements are used to get specific messages across emphasizing the quality of product ingredients. Promotional activities, especially within the restaurant, have a tactical role to play in getting people to return to the restaurants regularly. All franchisees benefit from any national marketing and contribute to its cost, currently a fee of 4.5 per cent of sales ( 2004).

 

Moreover,  (1996) emphasized the idea to take advantage of the competitive situation not just by being better in how that product gets sold, serviced, and marketed at the customer interface. It requires that companies create breakthroughs in how they interact with customers, and design a way of interacting that makes an indelible impression on customers, one that so utterly distinguishes them from others that it becomes a brand in itself (p. 14). Rather than going after every potential source of revenue, companies eliminate useless assets that do not add value for customers’ satisfaction. Business organizations implement bureaucratic policies and procedures for the benefit of the staff, customers and the company in general.

 

McDonald's views the relationship between franchisor, franchisee and supplier to be of paramount importance to the success of the business (2004). Ray Kroc, the founder, recognized the need very early on for franchisees that would dedicate themselves to their restaurants. He wanted people who had to give up another job to take on the franchise venture, relying on their franchise as their sole source of income and would therefore be highly motivated and dedicated. Consequently, McDonald's will not offer franchises to partnerships, consortia or absentee investors. The initial capital has to come from the franchisee as a guarantee of their commitment. The selection process is rigorous to ensure that McDonald's only recruits the right people.

 

According to  (2003), there are at least four types of resources which the company can use to achieve its objectives: financial, tangible, human and technological resources. The company’s social responsibilities should be taken seriously by supporting local charities, funding educational scholarships, and contributing to the socially relevant causes and projects that get publicity by linking with like-minded public and private sector organizations, particularly groups that pursue sports events and other athletic cause (such as local community based organizations, colleges, and chambers of commerce). Moreover, sustainable development efforts of the organization through environment-friendly social drives that promotes responsible waste management along with other cause-oriented social activities in communities.

 

Business in our society plays a very important part in “shaping the structures of our society” and in “challenging traditional values” (1993). Corporate competitiveness will be achieved by those companies that are successful in formulating, implementing and communicating sound global strategies. For decades, corporate strategy practitioners and academic researchers have drawn widespread attention to the importance of formulating comprehensive, sound, futuristic corporate strategies (1996). Corporate strategic success can be figured out by strategy implementation of the companies’ core objectives in order to achieve the long-term goals and mission of the organization.

 

 

A Query Letter

May 15, 2006

 

Western and Eastern Magazine

W&E Regional Magazines

, editor

PO Box 18000

Florence, OR 98489-0130

 

Dear Mr. :

Greetings!

I have an idea what you should write about Phuket in your issue of your popular magazine. But first, allow me to introduce myself. I am  , a freelance travel agent. I have been giving travel guides and tips to different magazines five years now. It must have been my genuine love for Phuket that drives me to “spread” his world-class sceneries and deeply historic landmarks.

My opinion revolves around different travel guides and tips for tourists who had no idea about Phuket – where they can find great yet affordable accommodations, transportation that would take them to different locations, shopping malls to buy for their need-to-have things, and of course, places they can eat, and among other itineraries.

For tourists who love to travel by themselves and need to rent cars, they can always rife through the net at . There, they can find varieties of car. Not only that, the site offers other features, like different beaches of Phuket, and other Phuket’s travel guides. For tourists who love to shop, Phuket is mushroomed with night markets not only in Phatunam, but around Dynasty hotel as well. The Big C, where blouses sold for 150 baht and MBK for instance, had almost everything, from postcards to garments to jewels, prices from 50 baht and up. And whose foreign shoppers do not want to go to Thailand’s only remaining authentic floating market at Damnoen Saduak? The hundreds of colorful, wooden boats offering tasty local delicacies are more than enough to satisfy their gastronomic appetites.

And Phuket would not be enough without those world-famous ancient temples. Tourists can go to Chiang Mai’s city walls to visit five of the most significant temples in the northern capital.

Tourists can also add Elephant riding and bamboo rafting part of their itineraries. The trip only takes guests into a jungle environment outside Chiang Mai to see a demonstration of trained elephants at work logging.

And I have many ideas in mind. If you are interested, you can always contact me. Thank you for attention.

 

Sincerely,

 

124665241

 

Case study for law

Question 1: Advise to Betty                               (Word Count: 721)

 

            To create a valid contract, the agreement should include certain essential elements.  The first element is the existence of an agreement. An agreement is created when a party accepts an offer made by the other party that revolves around the meeting of their minds. This implies that there should be a common understanding between the parties of the subject of the agreement and the terms and conditions governing the performance of their corresponding obligations. The second element is consideration. This element refers to the promise made by each part to each other to give something or do an act. This involves an exchange of promise, with the compliance to one’s promise corresponding to the compliance of the other party’s promise. The third element is the presence of the intention of both parties to create a legal and binding relation. This means that the parties to the contract intended the agreement they reached to hold legal consequences so that the agreement should not merely comprise of social or domestic agreements without any legal implications. The fourth element is the formation of the contract in compliance with the form required by law. There are certain contracts such as the sale of real property have to be in writing as provided by the principles of the statute of frauds whereas other contracts are enforceable even if made orally. The fifth element is the legal capacity of both parties to enter into a binding agreement. This implies that the situation of the parties should be subject to the rules regarding corporate representatives and agents, minor status, intoxication and incapacity. The sixth element is the legality of the subject of the contract. Contract law provides that the purpose of the parties in entering into an agreement should be neither illegal nor contrary to established public policy.

 

            These elements should be incorporated into the agreement if a valid contract is to be reached. In cases where any of these essential elements are lacking in the agreement, the contract may be rendered void, which has the effect of not having even reached an agreement; voidable, which may or may not be rendered non-existent; and unenforceable.

 

            Based on the flow of events in the process of reaching an agreement for the sale of laptop computers, there was a valid contract reached between John the manager of LSC the laptop seller and Betty the manager of CH the buyer. This is because there was a meeting of the minds between the parties because there was common understanding and agreement over the terms and conditions of the sale of laptops. John sent to Betty an order form with the offer to sell 600 XY1 model laptop computers. The order form included clauses that give the effect of non-negotiable terms and conditions. This means that the terms and conditions contained in the order form are subject is not subject to further negotiations and requires only the signature of agreement of the buyer. Clause 3 identifies the price per unit of laptop being offered, clause 10 states that all orders are accepted on the terms provided by LSC, and clause 15 states that any increase in the price in the laptop price before the delivery of the units ordered will be added to the cost payable by the buyer. When Betty sent the order form to John, there was an added statement saying that the order should be complied with subject to different terms. Clause 19 states that the price per unit is HK$500 less than the offer of John and clause 20 provides that the usual conditions of the sale of laptops should apply without specifying the conditions. Moreover, the statement “We accept your order on the Terms and Conditions stated thereon” as included in the order from. This indicates that Betty was only changing the price per unit without indicating any disagreement to the price adjustment clause or clause 15 and the other clauses. The change in price per unit was accepted by John. The fax sent by John to Betty asking for her acceptance of the increase in price from HK$10,500 to HK$11,200 due to an increase in market price prior to delivery is just in performance of clause 15. This means that John may even deliver the laptop and demand for the increased price in pursuance of the contract.  

 

Question 2: Make critical comments on the following proposition: “Where the offeree for a sale of say hotel property receives information from a third person that the offeror has decided to sell the hotel property to a person other than the offeree, the offer made by the offeror is necessarily revoked”.

           

(Word Count: 800)

 

Revocation of the offer made due to the information received by the offeree that the offeror has decided to sell the hotel property to another person depends upon the nature of the offer and the existence of a valid acceptance by the offeree. An offer refers to the expression of the willingness to enter into a contract coupled with the intention to make the agreement binding after it has been accepted by the offeree. An acceptance refers to the unqualified and final acceptance of the terms and conditions of the offer. This means that the acceptance should accept all terms and conditions that come with the offer. However, there are certain qualifications and exceptions on offer and acceptance worthy of consideration in determining whether the knowledge of the offeree that the offeror has decided to sell to another buyer terminates the offer.

 

In terms of the nature of the offer, the distinction between an offer and an invitation to treat should be considered. An invitation to treat constitutes an invitation to buyers to make an offer so that the seller may accept or reject the offer. One form of an invitation to treat is an auction that calls for the invitation to bid and the seller may choose which bid to accept. Another is display of goods that comes with a price tag that invites buyers to make offers to purchase the product. Another form is advertisements generally construed as invitations to treat but subject to the qualification that if the advertisement is unilateral and open to the public for acceptance then it is considered as an offer.  Another form is a mere statement of price, a rate at which the seller may be willing to sell is not an offer. Still another form is tender or a request made by the seller for buyers to purchase the goods.

 

If the offer made by the offeror to the offeree for the sale of the hotel property is considered as an invitation to treat, then the offeror has the option to choose the buyer for the property. In this case, the offer made to the offeree is terminated after the offeror has chosen or has accepted the terms of another buyer. However, if the offer made for the sale of the hotel property is considered as an offer, then the termination of the offer depends upon the existence of a valid acceptance from the offeree. If the offeree has accepted all the terms and conditions of the offer and the acceptance was made known to the offeror subject to certain exceptions, then a valid contract is created binding upon the parties.

 

However, there are certain rules and exceptions governing offer and acceptance. In certain cases, there are circumstances leading to a binding contract even if the offeree did not accept all the terms of the offer. The first instance is when the offeree makes a counter offer that changes or modifies the terms of the offer, which the offeror may accept or reject. Acceptance creates a valid contract while rejection does not. The counter offer implies the offeree’s rejection of the terms of the offer so that subsequent acceptance after a counter offer cannot be made.The second instance is the existence of a conditional acceptance. In case the offeree modifies the offer by giving additional or different conditions, then the acceptance is not valid so that there will be no contract. The third instance is a tender. A tender constitutes an offer if it states to supply a quantity during a specified time in response to the advertisement for the same quantity and amount. However, if the quantity, amount and duration of the tender are not specified acceptance does not create a contract.

 

There are also certain rules and exceptions of communication of the acceptance in creating a valid contract. As a general rule, the acceptance of the offer should be communicated or made known to the offeror in order to create a valid contract. However, there are exceptions to the communication rule. First is in relation to unilateral contracts. Communication is not required provided the offeree carries out the tasks or obligations called for by the offer. Second is the waiver of the need for communication by the offeror, either impliedly or explicitly. Third is the postal rule where acceptance is communicated at the time of posting even if the letter is delayed, destroyed, or lost These exceptions determine the creation of a valid contract and the time that the contract is created.

 

The proposition is deemed valid and accurate only if it was made after the situation of the parties have been considered subject to the nature of the offer, the existence of a valid acceptance, and the exceptions to the general rules.

 

INVESTIGATE AND EVALUATE THE SPONSORSHIP AVENUES THAT WOMEN'S VOLLEYBALL CAN USE TP " BREAK INTO " THE AUSTRALIAN TOP TEN SPONSORED SPORT IN THE FORESSEABLE FUTURE. PRESENT YOUR FINDINGS AS AN INVESTIGATIVE. REPORT OF 800-1000 WORDS..........

Sports Sponsorship for Women Volleyball: an Investigative Report

 

 

Sports have been an integral part of society over the years and have grown considerably, entertaining people and aspiring new players in every corners of the world. With the advent of media, sports have been disseminated and influenced many individuals like never before. For instance, there was a time when only few people know how to play basketball or volleyball. But with the help of publicity and campaigns, many people are now into the sports, filling in domes or audition rooms. In other words, sports have become a dominant field in the business world. Sports are here not only to entertain, but also to create profit. Without the business side of sports, they will be impossible to continue on a large and hyped scale. Every sport organizations are busy with organizational management and marketing. Thus, sponsorship was brought into existence.

Sponsorship is an increasingly important tool of marketing communications that acts as an advertising cue associated with perceived quality in product advertising ( 1999). It adds value to the company’s image in corporate advertising ( 1996). Sponsorship centers on the mutual transaction between a sponsored activity and a business ( 1998). This arrangement includes the sponsoring corporations to expect tangible commercial benefits as increased visibility and sales in return for their donations (1995). As observed by (1995), sponsorship is the platform of the entire brand (or the company) in positioning its competitive presence. For example, the long-term involvement of Visa in the Summer and Winter Olympics uses sponsorship as a center of its branding strategy ( 1999).

 

Why do some sports gain more sponsorship dollars/ monetary gain?

There are several palpable reasons on why do some sports gain more sponsorship dollars or monetary gains. Among these are the following:         

 

v       Popularity – the popularity of a sports activity persuades sponsors as well as advertisers to venture into product or service marketing engagements. The premise lies on the fact that if a certain sports event is highly popularized, brand and corporate accounts take advantage on the emerging culture. The more popular the sports activity is, the more sponsors and advertisers it will attract. For instance, the Australia Football League (AFL) is the most popular national sponsorship entity in the country based on the major indicators such as attendance, TV audience, media attention, members, fans loyalty, and brand socioeconomic impact ( 1998). The AFL drew 60% of domestic sponsor revenue expenditure on both fees and sponsorship leveraging in 2000 (2001).

v     Interests in the given sports – most sports draw attention in various types of audiences. The fact that basketball, football, boxing, and others cater to mostly male viewers. Thus, brands that focus on men’s products or services tend to invest on such sports. On the other hand, women sports-related activities like volleyball have the same effect.

v     Objectives of the sponsorships – basing it to the goals, brand managers and marketers as well as teams or individuals primarily need to determine the significant role of the engagement ( 2005).

v     Type and budget of sponsorship – in connection with the above reason, selecting a sponsorship must fit the marketing budget and more importantly, the type of sponsorship (e.g. league or athlete) ( 2005).

v     Event itself – the choice of activity, league or athlete sponsorship is critical because the status or reputation of such matters to the target market and also to the brand being promoted (2005).

 

Mass Media and Sports

            (2005) affirmed that 36% of sports fans in America could name atleast one advertiser associated with the top 20 sports leagues. Only 17% can name a sponsor. The observable emergence of sports oriented programming in the different vehicles of media communications is a testimony to the almost insatiable appetite for sports in America ( 1998). Furthermore, the increasing amount of investment among TV networks for exclusive rights to broadcast the NFL and PGA or even the Olympics is just one more sign that proves the soring opportunities in reaching key target markets (1998).

Traditionally, the general roles of mass media are applicable in terms of sports. The role of mass media in the development of sports is advocacy. The media serve as an avenue for people to know the existence of certain sport activity. Through media, education and enrichment of sports is apparent. Media serves as the most immediate and most effective instructional resource in teaching sports aside from the hands-on training and involvement. With media, the entertainment value of sports is brought within the reach of the audience by means of its availability in the TV, radio, or print.

Some sports attract more sponsorship contracts due to the applicability of the product or service the company have in connection to the type of the sporting event. Provided the reasons on why do some sports have greater numbers of sponsorship accounts, sports leagues as well as corporate managers possess internal factors that are related to the overall decision making, taking and implementation. The fact that sports are diverse in nature, sponsorship is also relative to its specific nature.

 

Attracting Sponsors

            Generally, attracting sponsors is a complicated process granted with the presence of several important factors to consider. Among these are the reasons on why do some sports attracts more than the others. Considering the said reasons are the initial steps in attracting sponsors. The process of attracting sponsors in the women’s volleyball team lies on the overall stature of the league. The performance and held status of the team must be credible enough in order for sponsors to see the potentials of brand or corporate positioning. Further, the leadership of the team manager and its coordination with the marketing authorities of the possible sponsors must be amicable. The possession of the relative qualities essential to the proliferation and marketing of a product or service must be keenly identified. At first, trust and commitment is a very important ingredient to this kind of endeavor.

 

Conclusion and Recommendation

            Sports sponsorship is a promising avenue for communicating the message of brands and corporate accounts. The various reasons on why some sports attract more sponsors than the others lies on the reality of sports diversity and specified target market. We cannot deny the fact that sporting activities are gendered. Evaluating the reasons on why behind this is among the initial process that a team must consider in attracting potential sponsors. Consequently, the role of mass media in development of sports is highly recognized with the perceivable effects and effectiveness of the medium. In attracting sponsors, the reasons on the selective phenomenon of sponsorship in sports are the best and immediate mechanism in determining the possibilities of sponsorship. Women sports leagues, not only in volleyball must be properly positioned in the competitive sports marketplace. Leadership and competence of the whole team is intensified. With the evident capacity of the league to promote a product or service, sponsors will come at hand. Sports sponsorship must be directed in the mutual proliferation of the definitive objectives of the team and the organization and should not divert its motives in the disadvantageous ways that will affect both institutions.

 

Reference

 

 

 

Appendix

 

            The following article also serves as an evaluation guide in determining the factors and potentialities to be considered in sports sponsorship among the general women’s sports league.

 

Briefing Paper Five: Frequently asked questions about NCAA statistics

Thu 19-Dec-2002

By the National Collegiate Athletic Association, viewed 26 May 2006 from,

This is one of five briefing papers addressing the importance of maintaining the current state of Title IX, the bias and flaws in the Title IX Commission's public hearing process, the radical changes to Title IX athletic policies which are being proposed and the economic analysis of current collegiate spending.

Overall participation Q. How many men and how many women participate in NCAA athletics? A. The most recent participation study from the NCAA reports 206,573 men (58 percent) participating in NCAA championship sports and 149,115 women (42 percent) participating in NCAA championship sports in 2000-01. That number is down slightly for men and up slightly for women from 1999-2000. That year, 208,481 men (59 percent) participated and 146,617 women (41 percent) participated. In 1981-82, the first year the NCAA offered championships for women, there were 167,055 men (72 percent) participating and 64,390 women (28 percent) participating in NCAA athletics. (Source: ) Q. What are the GAO numbers I’ve heard about? A. Because of concerns that the NCAA numbers included institutions reclassifying from the National Association of Intercollegiate Athletics (NAIA) to the NCAA (perhaps hiding a decrease in men’s opportunities), members of Congress asked the U.S. General Accounting Office to study participation in athletics. The 2001 GAO report calculated participants at all four-year colleges and universities that were members of either the NCAA or the NAIA. (Source: ) Q. So, how many participants does the GAO report show? A. The GAO report showed that 231,866 men participated in intercollegiate athletics at all four-year institutions in 1998-99, an increase of 5 percent from the 220,178 that participated in 1981-82. The GAO report also showed that 162,783 women participated in intercollegiate athletics at all four-year institutions in 1998-99, an increase of 81 percent. (Source: ) Q. Has the number of men participating in intercollegiate athletics declined or increased since 1981-82? A. According to the GAO report, which accounts for all intercollegiate athletics opportunities, the number of male participants has increased by 5 percent since 1981-82. (Source: ) Q. Has the average number of men participating at each NCAA institution declined? A. Yes. The number of male student-athletes per campus — in all NCAA divisions — was 199.1 in 2000-01, down from 215.8 in 1981-82. The average number of female athletes per campus was 143.9 in 2000-01, up from 94.3 in 1981-82. The average number of student-athletes per campus has increased, from 310.1 in 1981-82 to 343.0 in 2000-01. (Source: ) Q. Are there more men’s teams or more women’s teams at NCAA member schools? A. There are more total women’s teams yet more male participants because there are more males per team. In 2000-01, there were 7,737 men’s teams with a total of 206,573 participants and 8,312 women’s teams with a total of 149,115 participants. (Source: ) Q. How many teams does the average NCAA institution field for men and women? A. In 2000-01 in all divisions, the average number of teams per institutions was 7.5 for men and 8.0 for women. In 1981-82, there were an average of 8.7 teams for men and 6.1 for women. (Source: ) Q. What does the GAO report show for the numbers of men’s and women’s teams? A. The GAO report, which counts all four-year institutions, shows 9,479 women’s teams in 1999-98, up 66 percent from 1981-82, and 9,149 men’s teams in 1999-98, up 0.4 percent from 1981-82. (Source:) Sport-specific participation Q. Has there been a decline in the number of NCAA institutions sponsoring wrestling? A. Yes. Wrestling sponsorship peaked in Division I in 1974-75 when 64.7 percent of Division I institutions (154) sponsored the sport. It peaked in all divisions in 1971-72 with a 59.8 percent sponsorship. By 1981-82, 46.1 percent of the NCAA membership sponsored wrestling. In 2000-01, 21.4 percent of the NCAA membership in all three divisions sponsored the sport. There were 87 wrestling teams in Division I in 2000-01, down from 146 in 1981-82. In all three divisions, the number of institutions sponsoring wrestling has declined from 363 in 1981-82 to 225 in 2000-01. (Source: ) Q. When did the decline of wrestling sponsorship occur? A. When wrestling peaked in Division I in 1974-75, seven Division I schools had added it from the previous year, bringing its sponsorship up to 64.7 percent of that classification (with 154), and 12 Division II schools had dropped it, bringing that classification’s sponsorship down to 45.9 percent (with 183). By 1976-77, 52.5 percent of NCAA institutions sponsored the sport. By 1981-82, 46.1 percent of the NCAA membership sponsored wrestling. By 1989-90, only 33.6 percent of the NCAA membership sponsored it. In 2000-01, only 21.4 percent of the NCAA membership sponsored it. In Division I, wrestling was at 64.7 percent sponsorship in 1974-75, 63.9 percent in 1975-76 and 61.3 percent in 1976-77. By 1981-82, 52.7 percent of NCAA Division I institutions sponsored wrestling, and by 1989-90, only 37.8 percent sponsored it. By 2001, 27.1 percent of Division I institutions sponsored wrestling. (Source: ) Q. Has there been a decline in the number of NCAA institutions sponsoring men’s gymnastics? A. Yes. Sponsorship of men’s gymnastics peaked in all divisions in 1971-72 when 18.70 percent of the membership sponsored it. Division I membership peaked in 1981-82 when 21.3 percent of the division sponsored the sport, with 59 teams total in Division I. In 2000-01, 6.5 percent of Division I members (21 institutions) sponsored the sport. In all three divisions, there were 79 institutions sponsoring men’s gymnastics in 1981-82 and 24 institutions sponsoring the sport in 2000-01. (Source: ) Q. Has there been a decline in the number of NCAA institutions sponsoring women’s gymnastics? A. Yes. Sponsorship of women’s gymnastics peaked in 1981-82, the first year the NCAA sponsored women’s championships. That year, 22.7 percent of all institutions — with 35.7 percent of institutions in Division I — sponsored the sport. In 1981-82, there were 99 institutions in Division I sponsoring women’s gymnastics. In 2000-01, there were 66 institutions sponsoring the sport, representing 20.6 percent of the membership in the division. In all three divisions, there were 179 institutions sponsoring women’s gymnastics in 1981-82 and 89 institutions sponsoring the sport in 2000-01 (8.5 percent of institutions in all three divisions). (Source: ) Q. When did the decline of men’s gymnastic sponsorship occur? A. Men’s gymnastics sponsorship peaked in all divisions in 1971-72 and then declined to 13.4 percent by 1976-77. It further declined to 10 percent by 1981-82, and 5.9 percent by 1988-89. In Division I, where most men’s gymnastics programs are sponsored, 21.3 percent sponsored men’s gymnastics in 1981-82. By 1988-89, only 13.7 percent of the Division I membership sponsored it. And by 2000-01, only 6.5 percent of the Division I membership sponsored it. (Source: ) Q. When did the decline of women’s gymnastic sponsorship occur? A. In 1981-82, 35.7 percent of Division I institutions sponsored women’s gymnastics. By 1989-90, only 13.8 percent sponsored it. And by 2000-01, only 20.6 percent of the Division I membership sponsored it. (Source: ) Q. Has there been a decline in the number of NCAA institutions sponsoring men’s swimming and diving? A. Yes. Men’s swimming and diving peaked in 1971-72 when 57.6 percent of the membership (382 institutions) sponsored the sport. By number of programs, the sport peaked in 1976-77, when there were 394 programs (then 54.5 percent of the membership). There were 181 Division I institutions sponsoring men’s swimming and diving in 1981-82 representing 65.3 percent of the Division I membership. By 1988-89, there were 54.6 percent of Division I institutions sponsoring the sport. In 2000-01, 147 institutions sponsored men’s swimming and diving, representing 45.8 percent of the membership. (Source: ) Q. Has the number of men participating in swimming and diving decreased? A. Yes, but only slightly because of increases in squad sizes. In 1981-82, 7,746 student-athletes in all three divisions participated in men’s swimming and diving. In 2000-01, 7,265 student-athletes in all three divisions participated in men’s swimming and diving. Q. Has there been a decline in the number of NCAA institutions sponsoring women’s swimming and diving? A. Yes, but only slightly. In 1981-82, 44.2 percent of the membership overall sponsored women’s swimming and diving, and 58.1 percent of the Division I membership sponsored the sport. In 2000-01, 43.3 percent of the membership overall sponsored women’s swimming and diving, and 55.1 percent of the Division I membership sponsored the sport. The numbers of participants in all three divisions combined have increased, again because of increases in squad size. (Source: ) Q. Has sponsorship of football at NCAA institutions increased or declined? A. Since 1981-82, sponsorship of football has increased slightly in Division I, where 72.3 percent of institutions in the division sponsored the sport in 2000-01, up from 67.5 percent in 1981-82. Sponsorship in Division II has decreased slightly, with 50.8 percent of institutions in the division sponsoring the sport in 2000-01, down from 59.3 in 1981-82. Sponsorship of football in Division III has decreased, with 51.0 of institutions in the division sponsoring the sport, down from 61.8 in 1981-82. (Source: ) Q. Has there been a decline in the average squad size for football? A. No. The average squad size in Division I-A football has gone up to 115.7 in 2000-01 from 103.1 in 1981-82. The average squad size in all three divisions has gone up to 94.2 in 2000-01 from 82.0 in 1981-82. (Source: ) Q. Has participation in football increased or decreased? A. Participation in football has increased in all three divisions since 1981-82. In 2000-01, 56,804 student-athletes participated in football in all three divisions, up from 40,733 in 1981-82. Division I has the highest number of participants in the sport with 24,383. Division III is next highest with 19,161 student-athletes participating in football. Division II has 13,260 participants. (Source: ) Scholarship dollars Q. How much does an average Division I-A institution spend each year on scholarships, by gender? A. At the average Division I-A institution in 2000-01, men received $2,229,000 in grants-in-aid. Women received $1,528,000 in grants-in-aid. (Source: ) Recruiting Q. How much does an average Division I-A institution spend each year on recruiting its student-athletes? A. The average Division I-A institution spends $373,000 each year recruiting male student-athletes and $153,000 recruiting female student-athletes. (Source: ) Q. How much does an average Division I-AA institution spend each year on recruiting its student-athletes? A. The average Division I-AA institution spends $108,000 each year recruiting male student-athletes and $56,000 each year recruiting female student-athletes. (Source: ) Q. How much does an average Division I-AAA (no football) institution spend each year on recruiting its student-athletes? A. The average Division I-AAA (no football) institution spends $70,000 each year recruiting male student-athletes and $53,000 each year recruiting female student-athletes. (Source: ) Q. How much does an average Division II institution spend each year on recruiting its student-athletes? A. The average Division II institution with football spends $26,000 per year recruiting male student-athletes and $12,000 per year recruiting female student-athletes. The average Division II institution without football spends $9,000 per year recruiting male student-athletes and $7,000 per year recruiting female student-athletes. (Source: ) Q. How much does an average Division III institution spend each year on recruiting its student-athletes? A. The average Division III institution with football spends 20,000 each year recruiting its male student-athletes and 8,000 each year recruiting its female student-athletes. The average Division III institutions without football spends $8,000 per year recruiting its male student-athletes and $6,000 per year recruiting its female student-athletes. (Source: ) Coaches’ salaries Q. How much does the average Division I-A institution spend each year on coaches’ salaries for its teams? A. The average Division I-A institution spends $2,791,000 on coaches’ salaries for men’s teams and $1,258,000 on coaches’ salaries for women’s teams. (Source: ) Q. How much does the average Division I-AAA (no football) institution spend each year on coaches’ salaries for its teams? A. The average Division I-AAA (no football) institution spends $610,000 on coaches’ salaries for its men’s teams and $505,000 on coaches’ salaries for its women’s teams. (Source: ) Overall expenditures Q. What is the average expenditure per athlete in Division I-A? A. The average expenditure per athlete in Division I-A is $34,000 per male student-athlete and $20,000 per female student-athlete. (Source: ) Q. How much does the average Division I-A institution spend on its athletics programs for each gender? A. The average Division I-A institution spends $10,900,000 on all its men’s teams, $4,600,000 on all its women’s teams and $7,700,000 on expenses that benefit both genders. (Source: ) Q. How much does the average Division I-AAA (no football) institution spend on its athletics programs for each gender? A. The average Division I-AAA (no football) institution spends $2,130,000 on all its men’s teams, $1,940,000 on all its women’s teams and $$1,420,000 on expenses that benefit both genders. (Source: ) Revenue Q. How many NCAA institutions show a profit in their athletics program in Division I-A? A. The number of institutions where revenue exceeds expenses in Division I-A is 40, or 35 percent of institutions in that classification. This calculation does not include institutional support and does include fund-raising done by the athletics department, ticket sales, funds from student fees to support athletics, bowl games, royalties and the NCAA revenue distribution. (Source: ) Q. Do other NCAA institutions in other divisions show a profit? A. Yes. Nine institutions in Division I-AA showed revenue exceeding expenses (8 percent); six institutions in Division I-AAA (no football) showed revenue exceeding expenses (7 percent); seven institutions in Division II that do sponsor football showed revenue exceeding expenses (5 percent); and seven institutions in Division II that do not sponsor football showed revenue exceeding expenses (6 percent). Division III institutions are not asked about revenue generation. In other words, 7.7 percent of the total NCAA membership showed a profit in 2001. This calculation does not include institutional support and does include fund-raising done by the athletics department, ticket sales, funds from student fees to support athletics, bowl games, royalties and the NCAA revenue distribution. (Source: )

 

 

 

Law case study essay instructions

Question 1 (50 marks)

 

John, the Managing Director of Lap-top Smart Co Ltd (LSC), a personal computer supplier, wrote to Betty, the General Manager of Continental Hotels Co Ltd (CH), on 1 June 2006:

 

“Dear Betty,

Further to our phone conversation yesterday afternoon, I write to offer to supply 600 LSC (Model XY1) lap-top computers.

….

Please complete the enclosed order form and post it back as soon as possible. ….”

 

The order form that John sent to Betty contained terms and conditions prescribed by LSC. Clause 3 stated that the price of XY1 lap-tops was HK$11,000 each. Clause 10 said that all orders were accepted only on LSC’s terms, which were to prevail over any terms and conditions in the buyer’s order. Clause 15 stipulated that any increase in the cost of XY1 lap-tops by the date of delivery should be added to the price.

 

On 15 June 2006 Betty sent a CH’s order form to John. The second sentence in page 1 said “Please supply on terms and conditions stated below”. Clause 5 of the form stipulated that the lap-tops shall be delivered on 15 September 2006.  Clause 19 of the conditions stated that the price of the XY1 lap-tops shall be HK$10,500 each. Clause 20 provided that: “The usual conditions governing the sale of lap-top computers apply”. There are, however, no such conditions. The order form was silent on the effect of increase in the cost of XY1 lap-tops by the date of delivery. At the foot of the order form was a tear-off slip stating: “We accept your order on the Terms and Conditions stated thereon”.

 

On 19 June 2006 John signed and returned the order form, writing “Your order is being entered in accordance with our quotation of 1 June 2006” at the head of page 1 of CH’s order form.

 

At 9:00am 14 September 2006 John sent a fax to Betty, saying that due to the increase of cost of manufacture, the price of the XY1 lap-tops to be delivered was now $11,200 each. John said in the fax that no delivery would be made until he had confirmation of acceptance of the increased price from Betty.

 

Advise Betty.

 

 

 

 

Question 2 (50 marks)

 

Make critical comments on the following proposition:

“Where the offeree for a sale of say hotel property receives information from a third person that the offeror has decided to sell the hotel property to a person other than the offeree, the offer made by the offeror is necessarily revoked”.

 

 

 

 

 

 

Guidelines:

 

Ø          The answer to Question No. 1 and Question No. 2, including footnotes if any, should not exceed 800 words respectively. Students must specify the exact word count on the top of their answers. Penalty (deduction of up to one full Grade for each question) shall apply for exceeding the word limit.

Ø          The students should follow the following format:

ü          Font type and size: Times New Roman font 12 for main text, and font 10 for footnotes;

ü          Line spacing: one & a half for main text, and single for footnotes.

Ø          The answers should be supported, wherever considered necessary, with relevant authorities.

Ø          The students must duly acknowledge all the sources – books, articles, cases/case decisions, lecture notes, internet sites, etc. – in footnotes. Strict penalty will apply for indulging in plagiarism, that is, presenting another person’s words or ideas as one’s own. 

Ø          Please read carefully the Declaration of Academic Honesty and ensure to attach a signed copy of the Declaration along with the hard copy of your answers. 

 

Cognitive Learning Theory in Advertisements:The Case of Nokia’s 'It’s your Life in there' Advertisement

Cognitive Learning Theory in Advertisements:

The Case of Nokia’s 'It’s your Life in there' Advertisement

 

Introduction

            Cognitive learning theory revolves around the idea that people learn through the observation of events affecting other people and associating these observations to their own experiences (1994). In application to advertising, theorists contend that it is not sufficient  to inform people about the product and its benefits repeatedly in order to get them to accept and purchase the product. Advertisements should be able to develop in consumers a mental pattern constituting of associations for customers to make the connection between the product and the need or want to purchase the product. The strength of the association between the product and the need or want to purchase the product depends upon the effectiveness of the advertisement in motivating people to make the association. ( 1984)

Discussion

Nokia's Advertising Strategy

            Nokia positions its products in the market through the tag line ‘We call this human technology’ and ‘Only Nokia Human Technology allows you to get more out of life’ (2001) motivating consumers to perceive Nokia as a company in touch with humanity because it seeks to enhance interpersonal relations through affordable, accessible, functional and creative mobile phone devices and applications. Through these tag lines expressed through its different advertising campaigns, the company successfully reaches out to its customers  by provide a human face to Nokia as a company and a mobile phone brand. The company was able to move the market to consider Nokia phones as an expression of their personality and their lifestyle. By associating  personality and lifestyle with its mobile phone devices and applications, the company has created a market for its different phone models differing in features and price. This means that the company has a sure market for its wide range of products from its basic functional phones to its high-end fashionable mobile devices. The product customization implemented by NOKIA ensures that there is a phone fit for everyone.  (2000) Nokia attempts to constantly improve its advertising campaign to reach out to more people and motivate them to value Nokia phones as an important tool regardless of their personality and lifestyle. Recently, Nokia came up with an advertisement the 'Its your life in there' campaign to motivate people to relate Nokia products with their life.

Effects and Responses being sought by Nokia

            The Nokia 'Its your life in there' campaign applies the cognitive learning theory by motivating people to associate Nokia mobile phones with their lifestyle needs and wants to achieve the business objective of increasing sales. The application of the cognitive learning theory are directed towards various successive and related effects. The advertising campaign starts out through planning the stimulus to be presented to the target audience. Nokia conducts market research to determine the needs of both mobile phone users and non-users and device ways of targeting the attention of both groups. The 'Its your life in there' advertisement shows a series of pictures of people representing different segments of the population such as office workers, homemakers, business owners, employees, workers and students all benefiting from the use of Nokia mobile phones. The people in the pictures have something to say about the benefit derived from Nokia mobile phones such as 'Inspiration can hit anywhere' a statement coming from a musician who records tunes in her mobile phone every time she comes up with a tune and 'I hate those love letters' from a sales manager who found romance through text messages, and 'I share my doggie designs with my mom' from a designer who keeps in touch with her parents through their common passion for animals by sending her new animal designs  through the mobile phone. By repeatedly showing this visual and auditory stimuli, Nokia hopes to encourage people to relate with the experiences they observed and become motivated to purchase their own Nokia mobile phones and services.      

Success of  Cognitive Learning Theory Application  in the Advertisement

 

            Assessing the success of the application of the cognitive learning theory in the 'Its your life in there' advertisement campaigns involves a look into the images and messages used as stimuli, the reach and frequency of the stimuli, and the achievement of the objectives for creating the advertisement.

            The images and messages expressed through the advertisement is successful if these are able to draw the attention of the audience to repeatedly watch the advertisement, stimulate a cognitive process in the audience by making them relate and understand the messages expressed, and create an associative learning experience that encourages the desired action. The images or pictures used in advertisement are realistic in the sense that the people in the pictures are people close to you such as your family and friends or people you meet everyday such as the bakery owner, a cab driver, your wedding designer, or salespeople in the departments store. The pictures are not the typical models posing for magazines and appearing in television advertisements but people who can be any of the audience. The messages  that comes with the pictures are simple and catchy because these appear in day-to-day conversations. The use of these kinds of images and messages  successfully apply the cognitive learning theory because this draws the attention of the audience and stimulates cognitive processes through association. The audience relates with the images and messages and then with the need or want to have their own mobile phones.

            The reach of the stimuli extends to a wide range of people because the advertisement is viewed through the television distribution channel as well as integrated into the online website of Nokia. This means that the advertisement is viewed by television viewers regardless of the movie or television show they are watching and by internet users in sites where the Nokia advertisement is being shown and in the Nokia site. The frequency of the stimuli is also sufficient to establish associative learning with the audience because  television advertisements are shown repeatedly. Most of the time shows have business sponsors whose products and services are advertised in between the shows segments. This means  that if a viewer regularly watch shows then the audience is likely to view the advertisement more than three times for a single show. This means that the frequency of exposure to the stimuli, especially it draws the attention of patients, is likely to have a cognitive learning experience.

            The achievement of the objectives for releasing the advertisement is another criteria for determining the success of the application of the cognitive learning theory in the 'Its your life in there' advertisement. Based on the current company report, Nokia increased its sales by 2 billion in 2005 and expect to increase sales by 3 billion in 2010. In February 2006, Nokia issued its financial report  documenting a 16 percent increase in net sales from 29,371 EURm in 2004 to 34,191 EURm in 2005 translating to a corresponding 13 percent increase in net profit of 3,192 EURm in 2004 to 3,616 EURm in 2005. ( 2006) These reports imply that Nokia has  gained a respectable increase in sales through its advertising campaigns and other business strategies.

Conclusion

            The cognitive learning theory applies to advertising through the utilization of stimuli to create an associative learning experience with the audience resulting to change in their purchasing behavior. In the case of Nokia mobile phones, the association of life experiences with the mobile phone is made through the conveyance of the idea that Nokia phones connect people. The association is  made through actual rewards obtained from the utilization of Nokia mobile phones so that the purchasing behavior of customers is reinforced. The advertisement 'Its your life in there' shows the benefits that people expect to receive from purchasing Nokia phones so that it successfully applies the cognitive learning theory.

 

Holistic Mindset of Mass Media issues

OBJECTIVES

As a person with knowledge of the ins and outs of media and cultural issues, the author has always thought of the idea regarding whether indeed the notion that “the medium is the message” is true or not. As everyone knows, this has become a very critical phenomenon in the world of media and cultural studies. At times, however, the author fails to understand the reasons or logic behind certain concepts and philosophical ideas bound by it.

By delving into this essay paper, the author intends to have better insights into this topic. The author hopes to have an in-depth understanding as to how the freedom of choice and expression in context with “medium being the message” is able to flourish effectively and efficiently in this era of modernization where technological development especially in mass media is extremely intense.

In order to reinforce the learning objectives, two key focal issues were focussed upon, i.e. innovation and diversity. Innovation is discussed with regards to freedom of choice and expression where it is renowned for being an effective “medium” together with its various developmental capabilities to constantly innovate. Diversity comes under strategic thinking and formation as freedom of choice and expression of messages as a medium is not absolute. People must also consider the diversity of culture, political climate, economic surroundings, social environment, technological settings, government policies and legal systems in order to effectively issue their choice whether to agree or not.

 

 

EXECUTIVE BRIEF

This essay will utilize the notion “The medium is the message” to review the current issues regarding the freedom of choice and expression. From the analysis, key trends will then be identified, how it works and its effectiveness in dealing with critical situations can be ascertained. The paper then moves on to assess the author’s choice with regard to its suitability to critical situations, during which the internal capabilities of these choice in relation to the notion “The medium is the message” will be determined also. An overall analysis of the suitability and effectiveness of the author’s preferred choice in the context of freedom of choice and expression will also be conducted to assess and compare the capabilities of this freedom with those of others. Gaps in the author’s choice of answer can then be identified.

Finally, several choices of strategies to improve the exercise of the freedom of choice and expression as effective means in critical situations will be recommended and evaluated in terms of appropriateness to the issues reviewed, feasibility in carrying out the options and acceptability within the key stakeholders and decision makers. Several key implementation issues related to managing strategic change will also be addressed as well.

 

 

 

 

 

 

 

 

TOPIC: A Particular cultural / media phenomenon:

The notion “The medium is the message” and its relation to current issues regarding the freedom of choice and expression

 

INTRODUCTION

Freedom of choice and expression can be defined as the efficient and effective implementation of the individual’s will and decision-making power necessary to satisfy his / her needs. In the perspective of mass media, freedom of choice and expression focuses on the careful management of the processes involved in an individual’s pursuit of the correct choice, whether to agree or not ( 2001).

More often than not, ordinary people like us don't really have the capabilities to fully exercise our freedom of choice and expression. Instead, we engage in activities that various schools of mass media typically associate with exercising freedom of choice and expression, such as whether the “medium is the message” or not. Other activities include the manufacturing of mass media products, mass media development, production and distribution ( 1997).

However, freedom of choice and expression must deal with all aspects done within the realm of mass media. Activities such as the management of choices, the control of the freedom endowed on individuals, and evaluations are often associated with freedom of choice and expression. A great deal of emphasis lies on the efficiency and effectiveness of this freedom. Therefore, the notion “the medium is the message” leaves us with 2 main choices. It’s either “yes” or “no”.

REVIEW OF RELATED LITERATURE

Goals / Objectives of Mass Media

Mass media has four main objectives:

A)   Remain one of the top industries in terms of educating and entertaining people. Being on top of the industry enables mass media to command the respect and confidence of the public. Thus, the mass media is able to expand its operations through the acquisition of other mass media production firms ( 1988).

B)    Gain more profit than other industries. The raw materials that are being laid down in the production of mass media outputs are able to meet high quality standards. As a result, mass media is able to earn more profit as against other industries (2001).

C)    Build the best brand of quality media and entertainment; and

D)   Maintaining its independence. Being an independent industry allows mass media to continue its tradition of excellence in both its products and services by setting new trends and standards.

In order to achieve these objectives, mass media implements a strategy of selling a combination of local brands and international brands. Mass media also aims for broader positions as well as either the top or secondary positions in any mass media market, whether local or international. Any of these positions would be enough for mass media to deliver a high level in terms of production, marketing and distributions, 1986). Moreover, these positions create a platform from which mass media can sell their premium brand of services, whether educational or entertaining. And with a continued focus on the structures of the costs, the above mentioned objectives should undoubtedly be reached.

ANALYSIS

It’s been said that “messages” brought about by the frequent interaction of man with each other hold so much importance. And the author considers this to be true. This is the only way we can freely exercise our freedom of choice and expression. But of course, we need a “medium” so we could be able to fully exercise our freedom of choice and expression. We can send a message verbally by freely speaking or even singing what our minds and hearts dictate. If one is too timid to speak, he / she can freely write anything. And with the advent of modern technologies, various media to communicate and issue our messages to our loved ones has become readily accessible. But in order for a person to be able to decide whether “the medium is the message” or not, the following factors are critical:

 

·        Mental Stability

Mental stability is crucial especially in the pursuit of the correct decision as well as the management and development of the processes accompanying it. In mass media, it is important to remain updated with the latest developments to be able to stay aware and knowledgeable in all issues.

·        Mass Media Performance and Credibility

The production of the best mass media outputs comes as a result of well-funded research management and development activities. The strong performance of mass media outputs in the market could also be linked to their cost-effectiveness. Thus, their credibility increases as their performance becomes better. However, mass media also has to be aware of the positioning in terms of process so as to maintain satisfactory profit margins and remain competitive in the industry (, 1980).

·        Marketing Strategy and Distribution

High brand awareness among the public viewers has created the need for aggressive marketing, and access to strong distribution channels is critical for the introduction of new mass media outputs ( 1990).

            Upon knowing the critical factors that influence a person to decide whether to agree or not, arriving at the correct decision or choice gives that person a handful of benefits and advantages. Some of these include:

·        Boost in decision-making abilities. Upon arriving at the correct decision or choice, the individual now gains confidence in his / her ability to make critical decisions or choices especially when it comes to answering the question “Do you agree?”. Thus, this person will now search for even more challenges and opportunities where he / she could further enhance his / her decision-making abilities regarding current mass media issues.

·        Full exercise of freedom of choice and expression owing to heavy emphasis on “Do you agree?” question. An individual’s commitment to exercising his / her freedom of choice and expression is fully exercised upon encountering the dilemma brought about by the question “Do you agree?” Since “yes” or “no” are the only possible answers to this question, the person now digs deep into the issue and evaluates all factors related to the question. Upon arriving at his / her decision or preferred choice, he / she is free to express his / her choice whether it be “yes” or “no”.       

 

 

·        Holistic Mindset of Mass Media issues

Through the exposure to various puzzling mass media issues, the individual along the process is able to develop a holistic mindset regarding mass media issues. The person now becomes a keen observer of the truths and lies surrounding the issue being tackled, instead of relying on mere hearsays ( 1999). The continuous pursuit of the truth behind the puzzling mass media issues enables the individual to consistently practice and enhance a healthy and holistic mindset which makes it difficult for detractors to give influence. Because of this holistic approach, the person is able to effectively select the right choice and continue to maximize this potential for future use.

ANSWER

The author strongly agrees to the notion “the medium is the message”. As we see, the “medium’ being described in the notion is somewhat a symbolical figure that can represent many things. While it may be true that “medium” in the context of mass media pertains to something that an individual uses in order to communicate with other people, it cannot be strictly limited to that definition especially in the realm of mass media. Also, every individual has varying interpretations regarding “medium” and its role in communication.

It is easy for us to name the different “media” that we use to effectively communicate with other people, since we always depend on it and some can’t even live without it. We have television, radio, newspapers, magazines, mobile phones, computers, laptops, and of course the Internet. It is also easy to understand that they can be distinguished as “sources” and “pathways” through which we send our messages everyday.

 

For many people, “medium” is strictly a “source” and “pathway” of messages. However, the author believes that “medium” is not locked within these definitions. Therefore, the “medium” can also be the “message” at the same time. For example, if we visit the houses people, what can we easily look at? We can either see an abundance or lack of mass media technologies. Therefore, “medium” can give us a message regarding the status in life of individuals or families.

“Medium” can also be used to characterize a personality of an individual. For example, if a person uses writing as a “medium” to express his / her sentiments, one can associate “writing” into something that pertains to a milder or weaker personality. Therefore, the person who used writing as a “medium” can be associated with either being calm, quiet and shy. On the other hand, litigation lawyers that we see in court relentlessly debating each other uses an aggressive type of conversation and interrogation as their “medium” to express their ideas and sentiments. Thus, their usage of such an aggressive type of “medium” can be associated to a strong-willed type of personality.

These things clearly prove that indeed “medium” has certainly more meanings aside from being a mere “source” or “pathway” of messages. It can itself represent a “message”. Therefore, in the circumstances mentioned above, the “medium is the message”.

CONCLUSION

Time and time again, we have been able to exercise our freedom of choice and expression, and because of this there is no doubt that we would be able to find an answer to the notion “the medium is the message”. Add to the mix the excellent decision-making capabilities of every individual and the formula for success is at hand.

The results of the analysis regarding the definitions of “medium” in the context of mass media indicated very significant effects, even amidst the threats of unrest. Therefore, we could conclude that the notion, “the medium is the message” is true, and it could be answered accordingly by all the people concerned.

The review of the individual’s freedom of choice and expression as well as his / her decision-making capabilities and resources revealed very little inconsistencies regarding the capability to find an answer to the notion “the medium is the message”. This is coherent with their traditional inside-out approach. However, the need to reconcile both the inside-out and outside-in approaches becomes imperative now for every individual concerned.

The analysis also revealed certain gaps, most of which are biased towards the mass media environment. However, these gaps paved the way towards determining a number of recommended strategic options to secure the individual’s competent decision-making capabilities.

Also, the individual has to find a balance between adherence to internal forces within the mass media industry and to the changing forces of the environment in order to implement such strategic options.

However, I am not totally convinced that the freedom of choice and expression bestowed upon us is absolute. For one, consolidation and globalization are taking place across most industries, and the mass media industry is not excluded.

 I suggest that all of us practice a more sober approach to maintain our freedom of choice and expression. There is nothing wrong with exercising our freedom to new mass media issues. But there are instances, for example, the issue “the medium is the message”, where the topic is too broad and often causes confusion. As a result, we tend to develop a bad impression about this and mass media in general including its services. While it is good to inquire about new issues to test our freedom and decision-making skills, it is even better to keep and maintain the older and more established ways.

Finally, it is important to know that both sides have certain responsibilities to fulfill. We, as viewers and users of these mass media services and outputs, have to use our freedom of choice and expression as well as our decision-making skills in order to arrive at a certain answer to the notion, “the medium is the message”. Mass media, on the other hand, has the responsibility to inform us with truthful information, because this will be the main basis of our decision whether to agree or not.   The answer to the notion, “the medium is the message” is very subjective, since we do have varying opinions about mass media issues. What is important is that in every mass media issue, we are able to exercise fully our freedom of choice and expression as well as our decision-making skills.

 

 

 

 

 

 

 

 

 

CASE STUDY ANALYSIS

Sunbeam and Café Series: on Marketing Strategies and Advantages

 

Executive Summary

Success in any company that operates for marketing and profit acquisition lies on the ability of the management in positioning and establishing the products/services being offered. Furthermore, the ability of the company and its management to compete and maintain a competitive edge among its competitor is another basis to say that it is successful. The constant development and innovation on the product line and the growing number of clientele also define the corporate standing of a company.

This paper aims to analyze and determine the major marketing issues of Sunbeam. Specifically, it will discuss the marketing decisions taken by the company administration in relation to the general marketing, especially of Café Series. A SWOT analysis and other relevant marketing and management related factors are also included on this report. Lastly, practical and strategic recommendations will also be elicited in relation to some pitfalls observed in the case study.

With this case study, the following are the identified marketing issues that contributed to the overall standing of Sunbeam and its Café Series product line:

      Deliberate product innovation and development

      Superior and focused customer service satisfaction

      Effective and appropriate implementation of the marketing mix

The subsequent are the drawn recommendations that might help in the continuous growth and success of the company in marketing the products and managing the company.

      Efforts and programs in innovations, research and development (R&D) must be sustained in order to determine the significant changes that might affect the overall status of the company.

      Customer feedback system must be reinforced since customer satisfaction is among the strength of Sunbeam.

      Leadership and management of the company must be a supplemental mechanism in the workforce. Human resources management improvements must be considered.

Sunbeam established itself as Australia's most trusted small appliance brand (  2001). With its achieved status, long years of operations, and various products being offered to its target market, the company obtained the creditability and reputation in providing quality and high standards products in the market. Its success is undeniably apparent. Sunbeam’s success in promoting its products lies within the effective implementation of marketing strategies and management of the company’s workforce.

 

SWOT Analysis

Strength

      The company has a long tenure in the appliance industry and gained market status (especially in Australia).

      It offers unique products and constant innovation.

      Sunbeam excels in focused customer service and ensured satisfaction.

      They are committed in quality and performance with regards to its product offerings.

       The management uses an efficient implementation technique on the chosen marketing strategy especially in relation to the marketing mix (Price, Product, Place, and Promotion – 4Ps).

Weakness

      Sunbeam as an appliance distributor is well-respected and trusted but it possesses an impression that it only caters to the upper class customers. Due to this perception, competitors can use this weakness to gain competitive advantage and acquire more income than the company.

      Gendered marketing may also serve as a weakness for gender hinders the purchasing decisions of the potential clients.

Opportunity

      The company having a wide collection of products can use it to attract consumers who are looking for products that their competitors do not offer.

      Since the company has an easy to use website, it should try to encourage buyers to purchase their products that are not selling.

Threat

      Sunbeam’s threat includes the changes that might occur within the area of operations such as economic changes, varying customer preferences, changing lifestyles, and other relevant factors.

      The threat of stiff competition is always present.

 

Sunbeam’s Major Marketing Issues

Among the major issues identified in the case study presented are the following:

Product Innovations and Development. In order to sustain the growing market of the company, the efforts exerted in searching for potential opportunities and creation of new products for the target market is valuable. Generally, before a profit-oriented company start to operate, there should be product/s that is being offered. The various changes in the lifestyle and preferences of the consumers prompted every company worldwide to improve and to innovate their traditional product offerings. The term innovation means the development of something new from its beginning to its completion and from its initial idea until it becomes a viable business ( 1992). Innovation plays a great role in creation and development of new products of Sunbeam. This is evident as shown in the launching and expanding the traditional product line. However, it must be considered that the product and business development processes must be supported by an appropriate culture throughout the enterprise ( 1995;  1995). Thus, innovation and development in the product line must be a product of knowledge and culture (1993) within the immediate jurisdiction of the company’s operations. With Sunbeam, the management utilizes R&D programs and consumer feedback in order to identify the existing culture of the target market.

Superior Customer Service Satisfaction. A certain marketing expert stated that in achieving business success, all you need is a customer. Theories and concepts on how to manage are no longer necessary. Solving all problems is not also a guarantee to be efficient. All you need is to find out what you do right for the customers and you’ve already got and do more of it. Truly, the customers play as the key players in the success of a business. That is why customers’ satisfaction and welfare must be the primary goals of the management regardless of some circumstances taken at hand. In Sunbeam, customers are always prioritized. Their satisfaction after their purchase of products is ensured by the company’s management.

Meanwhile, customer satisfaction refers to the consumer’s positive subjective evaluation of the outcomes and experiences associated with using or consuming the product or service. It is inarguably one of the two core concepts that are at the root of the marketing theory and practice (1996). Satisfaction occurs when the product has been able to meet or exceed the conceived expectations that the customer has ( 1996). Furthermore, customer satisfaction may also be considered as the measure of the high degree of quality of the product (. 1998). As the customers demand for higher standards, any shortcomings on the part of the companies to deliver would jeopardize the life of their respective company. Hence, it is really important for companies to not only maintain and protect these intangible assets. It is also a must that they increase these assets for future benefits ( 2003). According to the study of  (1998), relationship with customers should not be regarded as a single transaction, rather, a long-term. Customer satisfaction is considered a must for customer retention and loyalty, and undoubtedly helps in realizing economic goals like profitability, market share, return on investment and other corporate target ( 1996;  2000). The Sunbeam management is highly concerned with their customers’ welfare and satisfaction and this is the underlying principle on being the leader in their area of industry.

Effective Implementation of Marketing Mix. Marketing mix, according to   (1990, pp. 43-44), is "the set of controllable marketing variables that the firm blends to produce the response it wants in the target market." The marketing mix is composed of 4Ps known as product, price, place, and promotion. Sunbeam perfected the application of the marketing mix. It is notable to restate that with the constant research and development in their product, pricing, placement and distribution, as well as promotion, their products remain as the leader in the appliance market. In their product, high quality is maintained. The fact that their products exceed the customers’ requirement, the price is fair. In terms of distribution, their strategic placement of the products contributes to the increase numbers of production and sales. Their products are highly prominent due to the different marketing communication tools used in promoting to the target market. 

Sunbeam’s continuous integration of all the elements of the marketing mix and the appropriate marketing and management of the internal organization also serves as a powerful weapon in combating the rapid and stiff competition in the global marketplace.

 

Recommendations

The following could be considered as practical recommendations to further intensify the competitive edge of the company.

The need to be innovative and the need to explore new approaches in the future are integral parts of the company’s culture. There is a willingness to take risks and an eagerness to break new ground. People are hired for their creativity and diversity. Innovative people are appropriately recognized. Thus, formal training sessions are used to help people free up their creative energies and become more innovative (1995). R&D programs must be directed to the progress and growth of the company. This will also help in developing more products that will address the competition in the market.

In customer welfare, consumer feedback system must be reinforced. The resolution of customer complaints and problems is a key for companies to be able to maintain the loyalty of their dissatisfied customers. Dissatisfied customers are more likely to tell people about their experience than satisfied customers are ( 1997). After finding out the problems from the viewpoint of the customers, Sunbeam should undertake actions that would not only address the complaints of the customers but as well as actions that would lead to organizational improvements.

In implementing marketing strategies, there is a need for continuing optimization – the ability to assess a myriad of possibilities in order to find the best one or near best one (  2003). In cooperation with the other elements of marketing and business management, strategies must be evaluated and improved. In building the impression of people about the company, Sunbeam must reach out to a broader target market and must project an image relevant to every members of the society. Its corporate social responsibility must be defined.

In the management of Sunbeam,             leadership and administration of the company must be a supplemental mechanism in the workforce. Human resources management improvements must be considered to fully utilize human asset. With the growing market and competitive edge of Sunbeam, its workforce also plays a significant role in materializing defined objectives and achieving success.

According to (1995), “corporate success is based on the distinctive capabilities of the firm - those things, often the product of its particular history, which competitors cannot reproduce even after others realize the benefits these capabilities bring to the company that enjoys them.” For some people judge success by size, they look at a firm's sales, its market share, and its value on the stock market. Sometimes performance is assessed by reference to rate of return. This can be measured as return on equity, on investment, or on sales. And sometimes success is measured by growth, reflected in increase in output, movements in earnings per share, or prospectively, the firm's price-earnings ratio. All of these are aspects of successful performance. The current position of Sunbeam in the appliance industry of Australia is a clear definition of success.

 

References

 

Strategic Information System

2a. Discuss the purpose of having Information Management, Knowledge Management and

Information Systems strategies and show the relationship between them. Also consider the development and enforcement of these strategies.

 

Information management, knowledge management and the incorporation of varying information systems strategies are very pivotal aspect in any company or firm success.  In fact, some information management writers contested on the belief that global business only becomes feasible and viable if supported by technologically driven global infrastructures of information technology.  For some strategy theorists, like (1986), suggested that information and communications technologies increase the options for how to organize efficiently and effectively on a global scale.  Thus, the incorporation of these essential three strategies in the company would play a big impact in the business and is likely to be a predictor of the company’s success and its future direction.

 

The purpose of adapting the three strategies is presumable to play a role in the organizational strategy which is defined as the direction and scope of an organization over the long-term: which achieves advantage for the organization through its configuration of resources within a changing environment to meet the needs of markets and to fulfil stakeholder expectations ( 2003).  To name a few organization problems, that is relative to information management, arises from poor data quality are characterized to be par below in giving satisfactory customer service such that information would not be readily available when needed resulting to loss in revenues and a potent drop in the number of customer retention, poor decision making since the integration of information is inexistent, hard time in winning or looking for new business prospects, thus, company’s growth is in stagnation, poor understanding of market dynamics and customer needs because of inefficient customer relationship management which are crucial in the aim of fostering customer loyalty, and the information cannot be used to deliver the value which should supposedly be fast and accessible.  As  (1996) notes organizations must collect, process, use, and communicate information, both external and internal, in order to plan, operate and take decisions.  Similarly  (1993) suggests that every organization should therefore consider the need for structured information management.

 

With proper implementation of effective information management strategy, it can reap the benefits of the integration and cohesion of all the information activities that would be made easily accessible to all elements within the business world that enable company’s to effectively make a more efficient business decisions.  Further, information management promotes a culture of innovation and knowledge sharing brought about by the availability of valuable information.  For example, in Shiseido, where they have superb customer relationship management, because of the integration of the valuable information they have on their databases.  This information are being utilized by the research and development to come up with new innovative products that is demanded by the people.  Simply stated, without information management, the information that have been accrued would be mere a piece of information and not being used to its maximum value.

“Knowledge is one of those concepts that is extremely meaningful, positive, promising and hard to pin down,” according to prominent knowledge management academics () “Knowledge itself is mutable … and can take on many faces in an organization.” Therefore, managing knowledge is extremely considered crucial to ensuring growth and creating a shareholder’s value.  In spite of the vague understanding of what knowledge management by some company’s, successful companies like Honda, IBM, and the like, revealed a deeper understanding as they grasp a holistic approach that is beyond the alterations of infrastructure but more of its ability to touch every aspect of a business, transcending divisions, functions, and hierarchies. As what  observed (, knowledge management coexists well with business strategy, with process management, with staying close to your customer and so forth. It can help you do a variety of things you are already doing better. Ultimately, knowledge management work needs to be blended in with these other activities or it’s unlikely to be effective. The maximization of knowledge management permits to successfully be adaptive by the constant reinvention and optimization leading to innovations, to tap in new market venture opportunities for possible expansion, to get into the latest trend to be a step ahead of the competitors and more decisively efficient.  Overall, knowledge management sparks a sea change in the sweeping perspective of the company’s business and the challenges it confronts.  Furthermore, the embodiment of knowledge management implies the creation of a new corporate mindset which could be a real huge difference in the reverse of fortunes of many.  In illustration of not embracing knowledge management by some company from a traditional environment that is assumed to have inept understanding of the essence of knowledge management would resort to cost-cutting actions through firing employees.  From a knowledge management approach perspective it is letting go of the potential knowledge that could perhaps boom in the future if only be given ample time and opportunities.  Given its fruitful of benefits it brings to the company, knowledge management also have an inclusion of downside risks if not being properly or ineffectively implemented.  Among which are the neglecting the potential areas of improvement, miss out opportunities that might be promising, or thrashing of money in the garbage bins on schemes that is ill-conceived. Thus, that is tantamount of the company being left behind by competitors who deploys their knowledge faster and more effectively.

The denigration of knowledge to the level of information management should be looked into and minimize such that information management could not be maximized to its full swing. Information would plainly remained a facts and figures no matter how managed the information is unless it will be utilized not only for plain viewing but utilizing it knowledgeably.  For example, reading a company’s annual turnover amounting to $400 million, the use of knowledge understands the significance of that figure.

If companies are to flourish in the information environment, after the management of information and knowledge, these two would in turn be integrated in the information system in which they would operate.  The presence of an effective information system is very decisive such that the effectiveness of information and knowledge management is somewhat dependent on the functioning of the information system.  The information system is like the central processing unit of a computer wherein all the functioning of the hardware and software are dependent.  Due to information system technicalities, it is imperative to have an information systems strategy that should be thoroughly and carefully be planned such that it can work and precisely fit in to the corporate strategy as well.   (1999), describe IS strategy development as the process of identifying a portfolio of computer-based applications to be implemented, which is both highly aligned with corporate strategy and has the ability to create an advantage over competitors’.  Moreover, an information systems strategy brings together the business aims of the company, an understanding of the information needed to support those aims, and the implementation of computer systems to provide that information. It is a plan for the development of systems towards some future vision of the role of information systems in the organization  (1989).  Information system strategy as defined necessitates the provision of computer systems to support information management bearing the intellectual holding of that information (pertaining to knowledge management) that is in accordance to the corporate strategy or the aims of a company.

 

 

 

2b. Describe an IS planning framework of your choice and show the usefulness of different IS planning tools within it. Please provide necessary illustrations where possible.

 

Prior to the formulation of an information systems framework, IT professionals should set an IS planning framework that evokes all the necessary elements, such as the internal and external environment should be considered in which the business and the IS operates and linked together, is needed to be able to come up with an IS strategy that would surely work and be coherent in the alignment of the corporate strategy. IS planning, as the first step in the formulation of an IS strategy, is critical thus, a careful, detailed, meticulous and thorough work on it is apparently needed such that the effectiveness of the whole IS strategy is somewhat dependent of the IS planning.  Using the  framework for IS planning ( 1998), it encompasses four phases namely, the conceptual business level, detailed business analysis, conceptual IS plan and vision and the determination of the gap between current and the future.  In phase one of the  planning framework, this requires the preliminary drafting of the purpose, process and the scope of the IS strategy wherein it necessitates to look into the high levels of business direction.  Phase two, after having had examine the business direction, IS planner should come to terms of these directions through in-depth analysis of the essence of the information needs, business processes and the needful business requirements.  With the documented details regarding the business direction and needs to be that has yet to be fulfilled by the company, an IS planner can now conceptualize and envision an IS plan that would be appropriate for the company.  It is from these phase that the pre-requisites and considerations should carefully be closely looked rather than overlooked into so that IS planner would not miss out something in the process of synthesizing the bits of the ingredients in successfully formulating an effective IS strategy that works.  Having have come to terms in the synthesis, the need to ascertain the IS direction is imperative.  Ascertain of the IS direction proves to be invaluable and should not set sail to mislead or head the company to the wrong direction since it dictates the future direction of an IS strategy.  The envisage of the an IS plan should be mindful and supportive of the company’s mission, strategic objectives and strategies, computing and information architecture, policies and responsibilities and the like.  In the last phase, an IS planner can now draft a detail IS recommendation that determines the gap of the current and future assessment of the company before the drafting of the final recommendations. 

The four phases of the  IS planning framework enables an IS planner to draft a well-documented IS strategic plan such that it was able to examine and explore the aspects that is vital for the company and its consideration is primarily needed to ensure everything would be in the right track.  Further, it leads to the formulation of an IS strategy plan that sees the direction, especially the future direction of the company, that would be evident such that the company would have a guide to where it’s heading.  Most importantly, not only it can provide a sense of direction for the company, the proposed direction is supported by all the stakeholders and not alone from the chosen few.

            Fundamentally, the success of the IS planning would not be made possible without the assistance of the planning tools inclusion.  In this paper 5 tools would be discussed as to how they are of help in IS planning.  The IS portfolio management is defined as ensuring that the right projects are done and that projects are done right ( 2003).   Moreover, the use of critical success factors (CSFs) is useful as it is able to aid in the alignment of the new systems with the strategic objectives.  Similarly, the key performance indicators (KPIs) are helpful in providing follow-up for the targets being set by the CSF.  As defines KPIs, it is the lead indicators that define measures of how well the IT process is performing in enabling the goal to be reached.  Among the other tools that are of equal use to the IS planning are the value chain analysis, Political-Legal, Economic, Socio-cultural and Technological (PEST), Boston Consulting Matrix, the famous Porter’s 5 forces.  But the most comprehensive tool that can aid in the IS planning is from Ward and Griffiths strategic framework (see, figure 1 of this paper) since it covers the very broad spectrum of the business which includes the PEST analysis, both internal and external environment aspects and the all important stakeholders.  In conclusion, all the tools are useful in the IS planning in their own different ways and are valued important to the success of the formulation of the right IS planning.

 

Figure 1:  Strategic Framework

 

Agree abortion

Why choose abortion

 

“Criminalizing abortion does not save babies; it kills mothers,” so says , the author of The Wiser View of Abortion. And she is right.

There are about 175 million pregnancies every year. Out of this figure, forty-five end up in abortion; another half is considered unsafe, resulting to the deaths of nearly 80,000 women each year, and a much larger number suffering infection, injury, and trauma. ( (2002)) Troubled women who were prohibited to have abortions either made to suffer a life stricken with uncertainties. These women were made to live a life they are unwary. Not only that, they are also jeopardizing their soon-to-be children to the same standards.

And it is amazing how we never view men to the same situation.

Abortion has been legalized to many countries. This alone should be considered why choosing abortion than to let these women suffer from a life that need not to be. The year after abortion was legalized in New York was considered a “public-health triumph” when the maternal-mortality rate dropped to a record-low by 45 percent.

That the peoples in the world have increasingly realized the advantage of legalizing abortion is a sure sign of progress. Data that have been mentioned above are more than enough to say the positive signs far outweigh the negative effects on this to people. And the signs are convincing. According to Hong Kong hospital, the abortion of the state is 29.2%, higher than the US 24.4%, Canada 24.3%, and Australia 23.7%.

      One common argument to sectors who disputed against abortion is that it is parallel to murdering. Anglo-Saxon law has not traditionally seen the fetus as a legal person. If we ignore religious ideas of souls and sacredness of any form of human life, we may note that the early fetus, although human, is neither sentient nor capable of independent existence. It would seem therefore to deserve less consideration than a live mouse, which is both. This position has recently been reinforced in England, where a woman’s right to physical autonomy and to refuse treatment (a caesarian section) just before or during birth has been recognized, even after a warning that she is risking the death of her baby ( (2002)).

So yes, it has been established upon that we should view abortion in a humanist point view and that we should understand it as woman empowerment. While men get to free from the responsibility of birthing babies, we should sympathize more to the woman who get to decide by herself what to do with her life.  Abortion is not killing babies but saving mothers, in fact. Given the statistics that more and more women resorted to abortion would it help to ban and let these women birth the soon-to-be kids without a quality life both the mother and the kids want? So, instead of viewing it something like murdering, think of the many women who were saved from uncertain life, and the kids born out of inadequate existence. We should give women the chance to empower themselves. Assent abortion.

 

 

ECONOMICS- PURCHASING POWER

1. If the current exchange rate is US$1 equals 1.25 Euros, how much did you win in US dollars?

 

            Based on the current exchange rate, every 1 Euro won is equivalent to .8 dollars. If one dollar is equal to 1.25 Euros $1/£1.25 then the dollar conversion of total money won is $x amount of Euros divided by 1 dollar $x/£1. Taking the complete formula together results to the general equation $1/£1.25=$x/£1. The value of $x becomes .8. This means that every 1 Euro won translates to .8 dollars of winnings. The same formula is applicable regardless of the amount of winnings in Euro by changing the denominator of $x with the amount of winnings to be converted.

2. Suppose that the interest rate in Irish banks is 5% for a one year CD. In the USA, the rate is 2% for a one year CD. If you left your winnings in Ireland, how many Euros would you have in a year? If you had taken your winnings back to the USA, how many dollars would you have?

 

            Assuming that the winnings were received in Euros, then based on the exchange rate the winner can invest in an Irish bank the whole amount of the winning to receive the base amount plus a .05 percent of the base amount after one year or convert the money to dollars at the rate of .8 dollars for every 1 Euro and invest the total amount with interest earnings of .02 percent of the total converted amount receivable after a year. If the winner invested in Ireland, he or she will receive .05 Euros for every 1 Euro invested after a year. If the winner opted to invest in the United States then the winner will receive .016 dollars for every 1 Euro invested.

3. Suppose when you cashed in your CD in Ireland a year from now, the exchange rate had changed from US$1 to 1.25 Euro, to US$1 to 1.30 Euro. How much would your Irish bank account be worth in US$ at that point? Did you do better off leaving your winnings in Ireland or bringing them home to the USA?

 

            Total winnings would translate into .77 dollars for every 1 Euro so that if the exchange rate remains the same, the winner would get .05 Euros of the total winnings in the Irish bank and .0154 dollars for every 1 Euro won. The winner is better off leaving his or her winnings in the Irish bank because of the higher exchange rate per annum in the Irish bank as well as the conversion rate resulting to the conversion of every 1 Euro to .77 dollars.  

4. Explain how banks and individuals can use covered interest arbitrage to protect themselves when they make international financial investments.

 

            Covered interest arbitrage refers to the activity of capitalizing on differences in interest rate of two counties while covering for possible exchange rate risks ( 1998). This system creates a relationship between forward rate premiums and difference in exchange rate as the basis of the decision to invest (, 2003). Taking two currencies of two different countries and determining the forward rate premiums together with exchange rate differentials illustrates the process. If the spot rate of the UK pound is equivalent to a ninety-day forwards rate of 1.60 dollars and the ninety-day interest rate in the US is 2 percent while rate in UK is 4 percent, the US investor may apply covered interest arbitrage. If the US investor has funds earning a 2 percent interest rate then the total amount of funds is converted to UK pound at the rate of 1.60 dollars for every 1 pound. The investor then engages in the ninety-day forward contract to sell UK pounds at 1.60 dollars for every 1 pound. After concluding the contract, the investor lends the amount converted to pounds at the interest rate of 4 percent. This system does not offer instantaneous profit. After the base amount and the interest rate of the amount lent is received, the whole amount is converted to dollars subject to the forward contract to sell UK pounds at the rate of 1.60 dollars for every found. Through this process, the investor is ensured of receiving profit.        

 5. Using the theory of purchasing power parity, explain how inflation impacts exchange rates. Based on the theory of purchasing power parity, what can we infer about the difference in inflation between Ireland and the USA during the year your lottery winnings were invested?

 

            Inflation impact exchange rates because in the determination of the exchange rate of two currencies, the ratio of prices in these two countries is required ( 1996). To illustrate, take the example of a Pizza Hut pepperoni pizza worth 13 dollars in the United States and 12 pounds in the UK. The difference in price results to the exchange rate differential of 12 pounds for 13 dollars. Thus, the purchasing power parity is 12 pounds for 13 dollars.

            Relative purchasing price parity covers the changes in price levels overtime or inflation rate in determining exchange rate. Purchasing price parity is expressed by the equation  with St pertaining to the spot rate while Pt refers to price at a given period. The foreign values are indicated through the asterisk. The corresponding change in the exchange rate is determined by the changes in price level in two countries. (, 1997) In case the price in the US increases by 3 percent while price in the UK increases by 1 percent, the purchasing power parity of the US dollar depreciates by 2 percent while the purchasing power parity of the UK appreciates by 2 percent. Thus, changes in price or inflation is a determinant of changes in exchange rate using the purchasing power parity.

References

 

A Comparative Study of Arbitration Law in the People's Republic of China and the Royal Kingdom of Saudi Arabia

A Comparative Study of Arbitration Law in the People's Republic of China and the Royal Kingdom of Saudi Arabia

 

 

Arbitration is a device used for the settlement of questions or issues that is of interest to two or more parties through the intervention of an individual or group, called an arbitrator or arbitrators. The arbitrator derives authority and decides the case from the private agreement of the parties involved in the dispute and not from the authority granted by a state. Arbitration also pertains to the mechanism exercised in the settlement of disagreements between parties through the process of appointing an arbitrator with the acquiescence of the parties or by depending upon the procedures or institutions selected by the parties. (1998) In this sense, arbitration is similar to litigation because of the intervention of a third party in the settlement of the dispute, subject to the limitations on the power and extent of intervention set out in the agreement of the parties.

 

Arbitration has certain essential characteristics. One of the foundations of arbitration is the consensual nature of the mechanism. The common or mutual intention of the parties reflected in their agreement determines the authority and jurisdiction of the arbitrator. The limit of the power of the arbitrator is drawn from the words of the agreement for arbitration. The consensual nature of arbitration directs it to fall under the private system of adjudicating disputes, especially since the parties control the powers and obligations of the arbitrators instead of the state. (2001)

However, the determination of the powers and obligations of the arbitrators is not exclusively determined by the parties, but is also augmented by the national legal system, especially in the enforcement of ensuing awards. Moreover, the effectiveness and value of the process of arbitration is guaranteed by the support of national courts. The stature of arbitration resulting to its acceptance as a legitimate dispute resolution mechanism is partly based upon its ties to the national legal system. The national legal system provides the standards for the minimum requirements of justice and fairness. Compliance with these minimum standards is made by the imposition of the duty to follow due process by the national legal system, although indirectly. Awards made during the conclusion of the arbitration process cannot be enforced if there is non-compliance with due process. (2000)

 

Another characteristic of arbitration is that the disputing parties choose the arbitrator, and the parties have the option to delegate the responsibility to arbitration institutions. However, despite whichever option is chosen by the parties, they equally have the right to participate in the selection of a preferred number of arbitrators who will intervene in the case or who will select the final arbitrators. ( 1998)

 

Arbitration has made its mark as a significant and indispensable alternative dispute resolution mechanism in both national and international arenas. The dispute resolution system has become so pervasive that it is being included in contracts as the channel or venue for the settlement of disputes arising from the exercise of the rights and obligation in the agreement. Its significance determines its persistence as a dispute resolution process, despite changes in the structure and nature of international relations. Arbitration, as a dispute resolution tool, is also used as an initial system for settling civil and criminal complaints prior to litigation proper. In some instances, it is only after the arbitration system has been exhausted, without the issue or dispute being settled, that the courts may allow the case to proceed.

 

Although arbitration is an internationally accepted dispute resolution system, the particular processes and rules surrounding arbitration in different states differs depending upon the foundations of the dispute resolution system of each state. The historical context and dynamics of a society determines the development and persistence of the particular aspects of the dispute resolution system. This paper explores the similarities and differences in the arbitration systems that evolved in The People's Republic of China and Saudi Arabia, two countries with very different historical roots and cultures, and will show that although arbitration is accepted in these nations, there are vast differences in the manners in which these systems were established and utilized. 

 

 

Arbitration Law in the People’s Republic of China

 

 

            Arbitration in China has developed from the country’s rich traditions and philosophies on human relations, as well as the influence of the more recent socialist and communist ideologies.  The development of arbitration in China dates back to centuries since the establishment of the Chinese civilization, between the 18^th and 12^th century B.C. Its persistence and contemporary practice was influenced by great thinkers and historical events that occurred in the country, fro