Wednesday, July 31, 2019

Global warming effects Essay

Yankee Candle Company began in 1969, as penniless Mike Kittredge, age 16, melted crayons to form a candle as a Christmas present for his Mom. A neighbor, mesmerized by his fabulous creation, expressed her desire to purchase one of his candles; thus Yankee Candle Company was born. Mike used his parent’s basement, kitchen, and garage to produce his scented candles. Five years later, in 1974, Mike moved production into an old paper mill located in Holyoke, Massachusetts. In 1998 Forstmann Little & Company partnered with Yankee Candle Company and began to publicly trade on the NYSE in 1999. Mike Kittredge sold his first candle to a neighbor for $1.36, in 1969 and in 2005 Yankee Candle Company’s total sales were $601,180,000. Mike’s humble beginning in the family home has grown into a â€Å"wholesale customer network of 16,400 store locations, a growing base of Company owned and operated retail stores (390 located in 42 states),†¦ direct mail catalogs, its website,†¦ international distributors, and to a European wholesale network of approximately 2,200 store locations†¦Ã¢â‚¬  (2006) Yankee’s passion for fragrance has become a profitable entity with visions of continued global expansion. Yankee Candle Company has branded their product as long-lasting and strong in fragrance. Yankee has developed over 150 fragrances for their various candle products. Their product line includes jars, votive, tarts, wax potpourri, pillars, tapers, and tea lights candles. Yankee’s design is innovative and their scents are pleasant, relaxing, and rejuvenating. Yankee Candle Company’s design department is visionary in developing candles to accent modern dà ©cor and fragrances that appeal to its customers. Yankee will explore and introduce aromas that are common to the Greek culture as they expand into this new market. Yankee Candle will emulate their â€Å"passion for fragrance† and provide a wide variety of choices for its new customers in Greece. The Yankee Candle Company continues to build on the passion and creativity of Mike Kittredge; driven by a mission to warm hearth and home with the fragrances of life through excellence, innovation, and passion. Yankee has been dedicated to excellence throughout their 37 year history. A company spokesperson attributes their success to, â€Å"our vertically integrated  business model, which enables us to control most every aspect of our business, from product development to manufacturing to distribution to marketing and sales. This structure allows us to consistently provide high quality and innovative products†¦Ã¢â‚¬  (2006) Yankee’s innovation is evident in their candles and accessory designs, which acclimate too various dà ©cor preferences and the expanding variety of fragrances, which appeal to its customers. Yankee Candle Company is driven by an intense passion to spread the fragrances of life around the world for all to enjoy. The product expansion into the Greek marketplace is another step towards reaching their objectives. Yankee Candle Company will expand its fragrances to blend in with the cultures of new markets. Yankee will continue to develop partnerships with established Company owned retail stores as venues for their products to be sold. The candle company has already established Yankee Candle  ® Europe with a 30,000 square foot distribution center in Bristol, England that provides Yankee products for approximately 2,200 stores. This distribution center will be used to export Yankee products to be sold by retail stores in Greece. The Yankee Company has decided to expand their markets and head out to the Country of Greece. We will be exporting our candle line product from the United States to Greece. The product expansion into the Greek marketplace is another step towards reaching their objectives. Yankee Candle Company will expand its fragrances to blend in with the cultures of new markets. Yankee will continue to develop partnerships with established Company owned retail stores as venues for their products to be sold. As Yankee Candle expands into new regions of the world, distribution centers will be built to service their wholesale store network. Where trade barriers, economical and political policies will allow. When expanding into new countries, Yankee Candle will establish an online shopping website to market and sell their products. Since 1994, the United States is part of the NAFTA organization between three countries. â€Å"The North American Free Trade Agreement, known usually as NAFTA, is a free trade agreement among Canada, the United States, and Mexico. NAFTA  went into effect on January 1, 1994. NAFTA is also used to refer to the tripartite trading bloc of North American countries.† www.wikipedia.org. Since the inception of the Eurpeon Union in 1957 six countries were a part of this union. Nineteen further states have joined in and creasted a successful union. Greece joined the EU January, 1981. The exchange and repatriation of funds risks the Euro’s exchange rate against the dollar, remains unstable. The low interest rates, increased competition in the banking industry, and continued growth in commercial bank lending; to raise bad debt and strong growth in consumer borrowing. Economic growth is forecast to slow in 2006 and 2007. The consumer price inflation slowed dramatically in Greece before its entry into pre-economic and monetary union (EMU) in January 2001 and was helped by other temporary measures. The economy of the United States is stable made up of natural resource, labor and manufacturing, and investments. The United States† has the largest and one of the most technologically advanced national economies in the world, with a GDP of 13.049 trillion dollars.† www.wikipedia.org. Consumers and producers have some decision-making that form the economy, but the government also has a powerful role on the effects of the economy. The economy of Greece â€Å"is growing fast after the implementation of stabilization policies in recent years. Greece remains a net importer of industrial and capital goods, foodstuffs, and petroleum. Leading exports are manufactured goods, food and beverages, petroleum products, cement, chemicals, and pharmaceuticals.† www.wikipedia.org. Greece is global leader in shipping, which is the transportation of goods and cargo by land, air, or sea. Types of currency used through out the world vary from country to country and or by region. The Unites States of America official currency is the dollar, symbol: USD also known to be abbreviated by $. The US currency was adopted in 1785 by the United States Congress. The United States dollar is also known as a world currency; in 1985 $300 billion dollars were in circulation,  with two thirds being out side of the Untied States. Each year the amount of U.S dollars is being circulated around the world continues to increase. In comparison to the Untied States of America, Greece uses the euro as denomination of currency type, symbol â‚ ¬. Greece is part of the European Union also knows as the EU. What I found most interesting is the European Monetary Union has ceded control of monetary policy to the European Central Bank. Versus the Untied States taking control over their own currency. â€Å"The European Union has a large economy, probably slightly larger than that of the United States of America with a 2005 GDP of 12,865,602 million vs. 11,734,300 million (USD figures) (using nominal US Dollar GDP) according to the International Monetary Fund.† www.wikipedia.org. Greece’s relations with other countries in the region have been steadily improving. Greece is working with Turkey to resolve their disagreements, mainly with regard to Cyprus. Failure to resolve the division of the island of Cyprus may increase tensions between Greece and Turkey as the latter finds its bid to join the European Union partially dependent on success, but tensions rise sharply with Turkey over the issue of Cyprus. Greece is also assisting and improving relations with the economic development of the Balkans. The Balkans is now viewed by Greece as a greater threat to security than Turkey. Also, renewed instability in the Balkans leads to unrest in Greece and trade disruption. Political corruption is considered higher in Greece than many other European Union countries. Politicians are dependent on media with strong ties to business interests. There is a politicized, anti-globalization environmental movement in Greece which is increasingly complicated in its use of the courts and the European Union to block large projects. United States culture is very diverse but due to the level of the American culture there are many integrated but exclusive subculture within the U.S. The subcultures differentiated by status, ethnic background, residence, religion or other factors that functionally combine the group and act jointly on each subculture member. The ethnic groups are White, Black, Asian, Amerindian, Alaska native, native Hawaiian, and other Pacific  islander. The various religion are Protestant, Roman, Catholic, Mormon, Jewish, Muslim, Baptist, and others. Lastly, the languages are English, Spanish, Indo-European, Asian, Pacific island and others. Let us not forget that the government type is constitution-based federal republic but strong democratic tradition. As a result, the subcultures have their own joint set of customs, attitudes, and values. Greece is a diverse culture partial by its place at the crossroads between the East and the West and by the various occupations endured by the Greek people throughout history. The Greeks are proud of their culture which is the definition of their national and ethnic belonging. The Greeks culture is made of their traditions, religion, music, language, food and wines. Some of the traditions and superstitions vary from one island to another. Many countries differ within a range of dimensions including social structure, language, religion, and traditions to name a few. The difference has important implications on marketing strategy of the product. The most cultural difference that has an impact would be traditions. Candle scent preference may differ from one country to another. The company may encounter resistance to some of its different scents or wax. The organization must careful research Greece cultural norms and understanding the difference between US and Greece. Cross-Cultural training (literacy) would be needed to make sure the company advertising or marketing strategy does not offend anyone in the other country. The candles should be affordable due to the unemployment rate within Greece; however the organization must make a profit consider the cost to export the candles within that country. Yankee Candle is aware of the culture difference between the US and Greece, therefore staffing would be important to the organization. The organization would provide their US employees with language and cultural training. Yankee understands that one of their vendors Berlitz has experience and knowledge in cross cultural and language training that would help assist the expatriates. Berlitz offers a variety of programs and has been in the  business for 128 years, more than 450 centers in over 60 countries. Berlitz offers online, adult, children and teen programs for cultural and language training including one-on-one sessions. The cultural and language training would be for the family as well. The cultural training would be for two days and 100 hours for language training, however if more hours are needed for language the company would approve this cost. The employees that are going on the international assignment would have other benefits including when they are expatriating back in to the US. However, the expatriates will receive just a  ½ day of cultural training and language will not be necessary. The US dollar is not equal to the same amount in most other countries. Hence, the company would pay an additional allowance to cover the difference. The cost of living may be higher in the other countries, as a result a housing allowance is provided to the employee. The company does consider the cost living in the US and then compare that cost to living in Greece. The education in Greece is not the same for US citizens. As a result, to the language barrier and cultural it may be very difficult for the employee’s children to attend the local school in the host country for that reason private schools or boarding school may be required. Consequently the company is aware of this and therefore would provide tuition allowance. Due to the cultural and language difference there are going to be diversity issues, so human resource has provided an open door policy. The open door policy would allow employees to express him or she concerns and human resource will try to provide a solution to the problem, if possible. Supply chain management is an important role for the success of Yankee Candle Company to sell scented candles in Greece. Supply chain is most effective for optimal resource use, minimum total cost, and maximum value to the customer. Decisions with in supply chain are to buy your product or make your own. Yankee Candle Company already produces its own scented candles and will be the same for candles being shipped overseas. The production will be manufactured in the Company’s 294,000 square foot facility in Whately, Massachusetts. As a manufacturer, the Company is able to closely monitor product quality and control production costs, which ensures high quality  products and maintains affordable pricing. Information has been gathered from the Greece from the candle business industry. This data will assist in forecasting how much product is needed for a three months supply to meet the supply and demand in Greece. Lead time for the initiation of Yankee Candle Company to enter the Greece market is 10 months. In turn this will give enough time to meet the three month stock supply. The information gathered from the Greece candle market will support the types of scented candles that will be produced to ship overseas. Lead time for the shipment to arrive at the distribution warehouse is three month’s; the life span of a candle is three years. Placing our product will be near or around the largest cities and ports in Greece. The largest and most important city in Greece is Athens, the capital with population based in 1991 of 748,110. The largest port in Greece is Thessalonà ­ki, with a population of 377,951. Also another large port is located on the North part of the Peloponnesus, is a major seaport, with 155,180 inhabitants. Other sizable cities include Là ¡risa (113,426), Irà ¡klion (117,167), and Và ³los (76,463). The ports and its population are important factors in knowing were to place the Yankee Candle Stores. These would be in areas in the region that have the most population and are easily accessible to Tourist from vacation boats that may doc on these ports. Promoting Yankee Candle Company in Greece would be similar as it is currently in the Untied States. Through its retail stores the Yankee Candle company would open in Greece, direct mail catalogs. To include a large market Yankee candle will also promote is U.S product through television commercials newspapers, bill board singes through out the larger cities of Greece, and through its own web page http://www.yankeecandle.com/cgi-bin/ycbvp/retail.jsp. Promotion for this product will be introduced to all who wants to have special fragrances in their homes. Business will also be targeted to have fresh new fragrances for their offices. Candles are an excellent gift for all ages and for any special occasion. The middle class in Greece is the main target market Yankee Candle Company is promoting the scented U.S candle product. In 2005  the labor force in Greece was at 4.72 million compared to unemployment rate of 10.8% figures from www.cia.gov. These figures give Yankee Candle Company the green light to proceed with international distribution into the Greece market. Pricing the candles will be 30% above the sale price of a U.S product. This will ensure the costs of having a U.S product of seas. Yankee Candle’s has successfully developed and market new products and earn enormous returns. We have success springs for the fact that it has a vertically integrated business model, with the in-house expertise required to design, develop, manufacture, distribute and sell our candle products. Our vertically integrated business model acts as a powerful platform to support our product innovation initiatives. This business model included strong research and development activities, an experienced employee team, and a basis skill in test marketing our products. We collected these resources to research consumer interests and home decor buying trends, and then to create original candle designs, fragrances, accessories, gift sets, home fragrance merchandise, and personal care items that align with our findings. We then release this merchandise into our distribution channels in a way that permits us to seek and track consumer feedback. This process positions us to fine-tune our new products from performance, to packaging, to labeling, to pricing helping to maximize the potential for each item we develop to have a successful launch and widespread acceptance. Together, these efforts helped to drive sales, attract new customers and extend the appeal of the Yankee Candle brand. Once exporting was chosen as the mode of entry, Yankee Candle secured assistance from a company called, Export Trade of America; to learn about insurance, tariff, and tax laws involved in trading with Greece. Yankee Candle Company will face various legal challenges when exporting its candles into Greece, but the process will go much easier with the help of an export management company. Yankee will need to comply with employee laws and have knowledge about hiring, firing, and discipline regulations in Greece. They will need to be acquainted with their legal system and how those laws are enforced. Greece is a parliamentary republic with a president, who is heads the executive administration, a prime minister, who is head of the  government, and a 300 seat legislature. The judicial includes a Supreme Court, regional districts, and prefectures to decide civil and criminal cases. There is a national police force as well as policing agencies from the European Union. As a member of the European Union, the EU laws supersede those of the individual member nations. Yankee Candle Company will need to be aware of the EU laws, enforcement, penalties, and necessary trade practices. The European Union could cause legal complications as the union adds new members, arbitrates disagreements among its memberships, and as competition increases in the global marketplace. There has been a longstanding relationship between Greece and the United States of America. The two countries have diplomatic, intelligence, and law enforcement ties. Greece and the United States, recently signed treaties â€Å"covering extradition and mutual legal assistance, which further strengthened this cooperation.† (2006) Trade between these two nations should proceed with success barring increased terrorism, war, or a terrific natural disaster that impacts the global economy. It is important for any company to evaluate their strengths, weaknesses, opportunities, and threats. As Yankee Candle employees examines their organization they listed the following as company strengths; strong business model, long-lasting candles, well-branded product, variety of fragrances, adaptability of product to various cultures and dà ©cor, strong financial backing, increasing profitability, expanding marketplace, efficient manufacturing and distribution process, and an innovative product development. Yankee Candle Company’s weaknesses include; rising cost for manufacturing and distributions, technological skills, single manufacturing center, adapting products to various cultures and customs, and material shortages. There are several opportunities that must be pursued to maintain profitability; increase presence in the global marketplace, expanded online shopping options, adapt fragrance choices to new markets, build foreign manufacturing and distribution center, and add accessories to their product line. There are many threats to the existence of Yankee Candle Company  including; competition’s pricing and product differentiation, terrorism, natural disasters, exchange rate, rising costs for manufacturing and distribution, and the products life-cycle. The external environment strengths include; reduction in trade barriers, strong European Union, technological advancements, and utilization of websites. The external weaknesses are; trade blocs, closed economic and political policies that prevent or limit imports/exports, and the affects of terrorism. External opportunities include; improving the economic levels of third world countries, utilizing the skills, resources, and expertise of various countries to lower costs and create an integrated economy, develop innovative products, and create a global network. Finally, the external threats include; terrorism, political instability, natural disasters, increased global competition, trade blocs that become fortresses against those outside their union, countries imposing regulations against outsiders who want to merger or acquire other foreign companies, conflict among existing trade bloc members, and inflation/deflation of the monitory systems. Reference: (2006, 4,12). The Yankee Candle Company, Inc. 2006 First Quarter Earnings Webcast. Retrieved 4/23/06, from SBC Yahoo Finance Web site: http://biz,yahoo.com/bw/060412/20060412005002.html?.v=1www.wikipedia.org., retreived April 24, 2006. http://www.cia.gov/cia/publications/factbook/geos/gr.html#EconRetrieved 5/13/06 from the World FactbookUnknown, Retrieve on April 23, 2006 fromhttp://www.odci.gov/cia/publications/factbook/print/gr.htmlUnknown, Retrieve on April 23, 2006 fromhttp://www.greeka.com/greece-culture.htm

Tuesday, July 30, 2019

There’s more to life than meets the eye

Mary knows everything about the color, red, except to experience the experience of seeing it for the first time. Would she sigh when sees red? Would she hug the person standing next to her out of joy, because she is seeing the color red, a beautiful color, for the first time? Would Mary be reminded of a happy or sad memory when she sees the color, red, for the first time? In other words, would she experience a flashback in black and white? If the answers to all these questions are in the affirmative; it is true that Mary also experiences thoughts and feelings that cannot easily be explained through the physical senses. What is the nature of the mind, after all? Churchland does not even explain how the nature of imagination could be described in terms of things that can be sensed with the five senses alone. Of course, Mary has read about the color, red. Then again, how would she describe the joy she feels in terms of the physical world? If physicalism is the only way to describe and understand the nature as well as experiences of human beings, then Mary should know everything about the color red, just because she has studied everything under the bright blue sky (Vinueza, 2004). This is the belief of people that believe there are only facts to describe about the physical world. There are no bases for feelings, such as joy, in this belief system. So, Mary must essentially feel like a robot. Because Mary is not a robot – she is a human being – it is essential for her to experience the color red for the first time as something breathtaking, even if books had taught her to expect that. In that case, books must also have taught her how she would see the color red for the first time, that is, what she would experience within herself to boot – her thoughts and feelings. If this is true, then physicalism cannot truly be false, according to those that believe in it. After all, it is now possible to reduce everything to physical notes and tones – neurons and electric signals within the brain – in order to understand thoughts, feelings and imagination. Given that it is possible to argue for both physicalism and metaphysical philosophies – it can be stated with confidence that both the knowledge argument and physicalism were developed by reasonable people. It was only their belief systems, and the way they explained their experiences in life and facts about the world – with both metaphysical examples and arguments based on materialism – that made them either for or against physicalism or another philosophy. The example of creative writing or fiction shows that it is possible to explain almost everything with words, regardless of how human reason is applied to create an argument or philosophy. The active human mind makes it possible to believe anything whatsoever.

Monday, July 29, 2019

Diagnosis and the Treatment Planning Case Study Example | Topics and Well Written Essays - 500 words

Diagnosis and the Treatment Planning - Case Study Example The full range of approaches would be based on establishment of a secure therapeutic relationship which may move gradually into formal psychoanalytic therapy. The motivation and life situations are important to understand since they extensively contribute to the development of psychosis, which in this case is manifested by delusions. Family interventions are not possible in this case. The need-adapted approach should be based on idiographic assessment of his needs and the type of treatment suited to these needs. Need-adapted approaches, although difficult to design, are more suitable since the overall therapy would depend on several interventions over time rather than a single approach. The therapy would thus not only aim towards reduction of psychotic symptomatology, but also would address a number of developmental trajectories, the deviations from which are responsible for the current symptomatology. For his alcohol dependency, counseling and psychotherapy again are important compo nents of effective treatment. Although psychosocial interventions are recommended, it would take time to arrange a supportive network for this patient. In this case given his dual diagnosis, apart from psychotherapy improved drug therapy may also be employed.

Sunday, July 28, 2019

Male, Masculine, Virility Assignment Example | Topics and Well Written Essays - 500 words

Male, Masculine, Virility - Assignment Example and bodily health are the distinguishing characters in the personality of a perfect man and are often highlighted in men related to military or sports. The sense of independence and sacrifice makes him the focal point of pride and attention. Considering from a physical point of view, the perfect soldier has a well built frame, perfect height, a muscular figure and above all the perfect attitude. Who does not notice a soldier? He is the one fighting for the sovereignty of his country and wherever he is mentioned, shown or written about no one can deny the vitality of their purpose. The country’s defenses are vested upon its military. Usually countries engage each other in cold wars which are more political than physical but sometimes things get ugly and that is when military comes into action. This valor, bravery and prestige are the identification of a virile man. No imaginary depiction of superheroes can compete with a real life existing soldier ready to sacrifice his life in the name of his people. The self- respect, honor and pride associated with this notion are a source of benefit for the entire nation. This not only gives the nation a sense of confidence and security but also something to get inspired from. As far as physical disabilities are concerned, society attributes such men to be weak and vulnerable, while for them this approach is a source of constant self-pity and dependence. It destroys the remainder of their talents and points of encouragement; all this in the name of natural disabilities. â€Å"Paralytic disability constitutes emasculation of a more direct and total nature. For the male, the weakening and atrophy of the body threaten all the cultural values o masculinity: strength, activeness, speed, virility, stamina, and fortitude.†(Murphy 94) For men their bodies are the focal point of identification and attribution. In military special attention is given to physical health of soldiers along with stamina building. So they form an

Sport Sponsorship Essay Example | Topics and Well Written Essays - 250 words

Sport Sponsorship - Essay Example Sports sponsorship emerged and has developed based on the fact that most sports teams and events lack the financial muscle to sustain themselves and sponsors come in to assist. Businesses identify a promotion opportunity created by huge audiences sport events bring together. It would then see business associate with sport clubs and events that act as agents of business promotion for the sponsors. This is a mutually beneficial move as both the sponsored and sponsors gain advantages (Fortunato, 2013:88). There are, however, several issues that come along with sponsorship. Cultural factors may prevent successful sponsorship as the players culture may not synchronise with the sponsor’s promotions (Stotlar, 2009: 112). Additionally, negative associations in which many sponsors that promote two contrasting products may sponsor the same event or club. Also, sponsorship fits in which large companies are to be involved poses a problem. The mutual benefit that both the sponsors and the sponsored teams gain cannot be overlooked. It has proved to be a considerable force behind the development of sports across the world and it deserves to be recognised as much as possible. Sponsorship benefits both parties involved and, therefore, quite

Saturday, July 27, 2019

IT infrastructure security Term Paper Example | Topics and Well Written Essays - 2000 words

IT infrastructure security - Term Paper Example The workstation is a desktop PC and is at the study den in the home. It is predominantly used for sending and receiving e-mail, writing and printing papers, surfing the internet, making computer drawings or art, create and publish Website pages, creating graphs charts for coursework and gaming. In terms of the processing power, it has a dual-core processor, 3 GB of R.A.M, Windows XP operating system and hard drive storage of 160 GB. The home computer might be a popular target for intruders who are curious to find out what you have stored in the workstation. They look for bank account information, credit card numbers and anything confidential and worth some amount they can find. For a home computer, the intruders are not just interested in the money-related information; they also want the workstations resources. This refers to the fast processor, hard disk space, and the internet connection. They can then use these resources to attack other computers on the internet. As a matter of fa ct, the more computers a hacker compromises, the harder it is for the authorities to trace the origin of the attack. Following this, if intruders cannot be traced, they cannot be stopped and they cannot be prosecuted.Intruders pay attention to home computers for some obvious reasons. First, the home computers are basically easy to break into and are not secure. When combined high-bandwidth connections are turned on, hackers can quickly find and exploit the security vulnerabilities of the home computers.... In terms of the processing power, it has a dual core processor, 3 GB of R.A.M, windows Xp operating system and hard drive storage of 160 GB. The home computer might be a popular target for intruders who are curious to find out what you have stored in the workstation. They look for bank account information, credit card numbers and anything confidential and worth some amount they can find. After stealing your information, the intruders can use the money to buy goods and services. For a home computer, the intruders are not just interested in the money-related information; they also want the workstations resources. This refers to the fast processor, hard disk space and the internet connection. They can then use these resources to attack other computers on the internet. As a matter of fact, the more computers a hacker compromises, the harder it is for the authorities to trace the origin of the attack. Following this, if intruders cannot be traced, they cannot be stopped and they cannot be prosecuted. Intruders pay attention to home computers for some obvious reasons. First, the home computers are basically easy to break into and are not secure. When combined high-bandwidth connections are turned on, hackers can quickly find and exploit the security vulnerabilities of the home computers. In the attack, intruders will prefer workstations attached to high-speed connections, DSL modems and cable modems to dial-in connections. Regardless of the home computer’s internet connection, the intruders’ attempts are often successful. A lot of home PC owners do not know that they need to consider their home computers security. Network security perspective In the past security threats came

Friday, July 26, 2019

Women, marriage, and shame in the nineteenth century France Term Paper

Women, marriage, and shame in the nineteenth century France - Term Paper Example Flaubert relates the marriage and the shame Emma had to endure with the other ordinary women of France and the way French trends were followed by them. Emma, in the beginning of novel, is presented as a beautiful, sharp and happy girl but, after marriage is referred to as a troubled, unhappy and unsatisfied house wife and mother, while at the end of the novel, she portraits herself as a tragic heroine and kills herself. Emma Bovary (Madame Bovary): Madame Bovary, was the young and beautiful wife of a doctor named â€Å"Charles†. She lived in the world of imaginations and fantasy. For Emma, life was nothing but a bundle of excitements. She was not only beautiful, but was also very intelligent and sharp. But, unfortunately, she could not develop her mind as a cautious adult woman. She could not utilize her intelligence and be well-aware of the world and her surroundings. The world in which Emma would live was far more different from the actual world. Emma had a very extremely ro mantic view and imagination of the world. She strongly believed in romance and excitement related to romance. This opinion of her about a beautiful and romantic world differed from the real world. As Emma was in a habit of reading romantic books and novels, this habit drove her even more towards the heights of passion for romance. She grew even more desperate to experience it. After she met Charles, she felt that she was having a great compatibility with him as both of them enjoyed each other’s company. They would spend a lot of time meeting each other which would please not only Emma but also Charles. Soon with the consent of Emma’s father, they got married. But, unexpectedly Emma started getting bored after marriage and started losing interest in her husband. Therefore, Emma’s opinion about marriage and her excitement about romance in the married life perished away. She became quite disillusioned, dull and miserable about her married life as her husband Charle s was very good but a bit dull and boring and was not able to come up with the expectations of his wife, rather the imaginations of his wife. This dissatisfaction with her married life led Emma to two marital affairs. This was because she was trying to seek for more romantic pleasure and wanted to make her life risky and excited. Emma, after marriage, soon gave birth to a daughter who was named â€Å"Berthe†. This could prove to be a change and a reason to get excited fir Emma but even motherhood seemed boring to her and was again disappointed with her life Women in the 19th century France: Women in 19th century France, were quite different and far more responsible and loyal than the way Emma was described I the novel. They not only had to look after their home but also earn for their family. They would work in different fields performing different jobs in order to act as a helping hand for their husband. They would usually work outside their homes without their children, hus band and other members of the family being neglected. Working outside the home would make them face uncountable and unimaginable sorts of challenges which they would face readily and bravely and then would take good care of their family as well. Some women would work indoors as well, such as maids, laundry women, tailors etc. This would not only keep them safe from the challenges of the outer world but also provide them with the income to help their family. But, these kinds of indoor jobs were not always helpful and enough for their family, therefore, majority of them had to go out to

Thursday, July 25, 2019

Rationalism (Rene Descartes) and Empiricism (David Hume) Essay

Rationalism (Rene Descartes) and Empiricism (David Hume) - Essay Example According to the research findings there are two contrastive schools of thought; while one gives premium to reason, the other gives premium to experience. The first school of thought that gives premium to reason is the rationalist school of thought. The second school of thought is the empiricist school. While the major proponent for rationalism is Rene Descartes, the major proponent of empiricism is David Hume. Lacey states that rationalism is â€Å"any view appealing to reason as a source of knowledge or justification.† Instead of appealing to emotions and their sensory organs, rationalists appeal to the intellect. Like all things, there are extremes in rationalism. While the opinion of some rationalists tends to fall largely in line with empiricism, meaning that they share many links with empiricism; the opinion of others see no reasons with empiricism at all. The former category of rationalists is not absolute in the beliefs they hold about the power of reason. The latter c ategory of rationalists is of those that may safely be described as extreme rationalist. They are the ones that believe that all things can be resolved through reasoning. Although, empiricism as a philosophy has already been broached in this essay, it is yet important to explain further. Unlike rationalism which states that most truths and ideas can be attained mainly through reason, empiricism states that all ideas, knowledge and truths can be attained through experience and what can be sensed by using human senses. The typical empiricist will ask 'How do you believe what you've not experienced?' So, for the empiricist, experience is all. It is through experience that one gets evidence to substantiate whatever opinion one clings to. Empiricists believe that there is no just reason to believe a thing or an opinion which one is not able to test. They do not see reasons why anyone would rely solely on abstract reasoning without applying sense-based experiments (Markie 233). To such em piricist who questions why anyone would trust what they have not seen, rationalists would argue that before that which is seen and witnessed (experience and experiments) came to being, there was that which was not seen (reasoning). Asides David Hume, other philosophers that can be categorized as empiricists are Francis Bacon, John Stuart Mill and Thomas Hobbes. Before one assumes any stance in philosophy, one must have premises that back up the point one makes. One must also be sure to know that all those who have held one opinion or the other about any issue have reasons, most times cogent, for sticking to their opinion. Yet, based on arguments that have been advanced overtime, it won't be wrong to assume that rationalsim carries the day. In putting up a paper like this together, it is important that one lends credence to objectivity. By some yardsticks, one may say that empiricists are right. This is because when rationalists carry out what they believe is the key thing—rea soning, one must note that they do not think in abstract, they almost certainly think about things that have been

Wednesday, July 24, 2019

Fire Sprinklers Essay Example | Topics and Well Written Essays - 250 words

Fire Sprinklers - Essay Example Smoking is one, even in smoke free buildings, you can't watch what your employees do at all times, and it only takes one cigarette to start a fire. Improper storage of flammable materials that are being stored near the source of heat is also a great risk. Sometimes faulty wirings and worn out cords are also causes of starting fire. With the improper maintenance of heat source, fires are often caused by the errors done by workers in handling hot machineries. In the recent statistics, commercial fire sprinklers can cut fire damage costs to about 90%on average. With the installation of fire sprinklers, there would be no need to provide as much access for fire trucks, which means bigger lots and fewer hydrants. With the installation of fire sprinklers, less water is needed to extinguish a fire. Commercial fire sprinklers can save millions of dollars in damages, because commercial fires can be very tragic, with lives that are lost and livelihoods are ruined. Fire sprinklers are very effective because these are the only means of preventing fire actively. Fire sprinklers are protectors of your building, hence your workers, and your business as well. These days, commercial building owners, decides that this kind of protection is worth more that its price.

Tuesday, July 23, 2019

ORGANISATIONS, PEOPLE AND PERFORMANCE POST MODULE ASSIGNMENT

ORGANISATIONS, PEOPLE AND PERFORMANCE POST MODULE - Assignment Example By achieving these HR competencies, it will then be easy for Samsung to overcome most of the issues it is having. Talent management Talent management is a central part of any strategic business management (Deb, 2005). Samsung should include this as part of its HR strategy. Talent management will be managed by a process of hunting for talent and nurturing talent as a way to make sure that the firm will have a good pool of talent with regard to all its human resource areas. This will be important especially for the technical departments such as engineering in order to guarantee that Samsung will always be ahead of its competitors in producing the best technologies. It will also be important for the other departments because as Silzer and Dowell (2009) say, a formidable human resource is necessary for an organization to be competent in any industry. Training Training is the base of any human strategy and should be taken seriously if the organization is to be able to manage its employees (Brewster, Mayrhofer and Morley, 2004). It is training and recruitment that offers the organization an opportunity to get the kind of employees that they want. It also helps in training ordinary employees into competent managers and this means that the organization does not have to look outside for managers (Pynes and Lombardi, 2011). Figure 1.1, from: http://www.hrps.org/blogpost/736528/HR-Management-Strategies Samsung needs to look at the various ways in which it can develop its training program in order to get the best employees. Well planned training will help Samsung to have employees who will; Be ethical in their conduct thus avoiding issues such as copyright infringement. One of the issues that Samsung has had in the past is the fact that it has been involved in copyright infringement. This is something that reduced the strategic position of the organization due to the legal issues and the negative publicity which the firm gets from such. As a result, recruitment and trainin g of employees in the firm should be done with this in mind. Issues such as copyright infringement are as a result of inadequate human resource. It is also an indication that the firm is having poor talent and therefore not being able to develop its own portfolio (Nejati et al, 2008). This has also been seen in the fact that Samsung does not have an operating system for most of its products. As a result, this makes Samsung to have a weaker strategic position compared to its major competitor, Apple, that has an own operating system for its product and never has to use third-party products. By training the right people, it will be easier for Samsung to be able to have people who can be innovative and productive enough to deal with these issues. There are other issues which need to be considered with regard to Samsung’s human resource. These include the commitment of the employees. As Kumar (2010) says, it is hard for an organization to be able to have a competent human resource if the employees are not highly committed to the organization. In this case, Samsung will have to focus on increasing the commitment of the employees. This will help the organization to be able to improve its talent management and to make sure that there is enough talent in the organization

Monday, July 22, 2019

Comparative Analysis Paper Essay Example for Free

Comparative Analysis Paper Essay For this assignment I have selected three poems to analyze the relationship between language and content in poetry. I want toattempt toanalyze the writting styles of three authors, whose work can be found from the book, The Art of Work. The three poems that I have selected are Share Croppers written by Langston Hughes, Factory Worker, written by Jim Daniels, and The Rope, written by Patricia Dobler. These are three poems that caught my eye and I became very interested in. The first poem I read for this assignment was Share-Croppers. This paticular poem seemed to have been written from the viewpoint of a slave who is captioning the hard work that had to be done as a sharecropper. Although this was a very short poem the expression by this author said a lot to capture any readers attention. For example the author gives you a picture as to how the sharecropper was left hungry and ragged afterr plowing away in fields. See more: analytical writing By reading this poem you are able to identify that Langston Hughes was very concerned about African American life through the use of certain dialect and terms. As you continue to read this poem over and over you are able to come to a conclusion that the era in which this poem was written goes back to a time after emancipation, when many blacks were forced to work as share croppers not being paid a dime,and where under the authority of white farm tenants. In this poem one starts to get a feelof what it was like to be a black share cropper unable to show any remores because this was a daily routine that took a toll over ever sharecropperss daily life. My next poem Factory Jungle seems to have been written from the viewpoint of a factory worker who is trying to enlighten the fact of being a determined ambitious worker, but also as one who is ready to end a long day at work. Just like many other authors. The author Jim Daniels has written a poem that uses many metaphors to paint a picture of a factory that gives off the idea of being a jungle. For example the author say, Id like to climb one of those ropes of light swing around the presses, welders etc. The language used by this author shows us a picture of a factory swinging freely amongst his work not having a care what so ever. These paticular terms of language enables us to get a physical picture of exactly what the factory worker is doing in the factory to change it into a jungle. Everyone  understand that there is no way you are able to climb rope of light or even fly out of factory gates. This only catches the readers attention just the poem sharecroppers did. Keeping the same theme and indentifying the factroy as being a jungle, the author also uses a made elephant to represent the largest presses in the plant and allows us to paint another picture showing us the harm that this big machine could cause if fallen on your hand. In this part of the poem we find that the mad elephant allows us to think about how heavy and dangerous things could be when working around heavy machinery in this paticular factory. The author is being very creative throughout this poem, careful not to bore the reader. Jim Daniels used the correlation of swinging through the plant, then rippping off his coveralls, safety glasses, and ear plugs then pounding his chest and yelling like Tarzan. This again gives us that feeling showing us that this factory worker is feeling very free. Yet and still another picture has beenpainted for us. In my final poem that I have selected, I became silightly thrown off as to what this poem was trying to generate to the reader. Unlike the other two poems I used, this poem hardly used any language and dialect to allow the readers attention to be caught at once. As I read over this poem I figured that the viewpoint of this poem had to be written by a man who was dwelling on things that he could not make of life for him or a loved one and those things were haunting him. I came to this conclusion because the author says, Their vocies still wake me as I woke for years with a rise and fall. The author is not specific as to what she wants or doesnt want us to know. This poem does not paint a picture for me letting me feel and realize what exactly is going on. So by reading these three amazing poem we find many authors use some of the same styles, literary techniques and genres to help relate to readers. While other authors may leave you slightly wondering, and can often open your mind to wonder which can be a very positive matter. I personally relate better to readings that paint a picture allowing me to be side by side to what the author has written. Also while reading Ive found that not  all poetic techniques were used but all three authors used something to help you understand the readings.

Diversity in the Workplace Essay Example for Free

Diversity in the Workplace Essay Do you think corporations and government agencies should offer diversity training? If so, how can we develop diversity training that fosters mutual respect? Can you suggest practical ways to develop workplaces undivided by gender and race-ethnicity? Yes, I believe that government agencies as well as corporations should offer some type of diversity training. Through diversity training you can ensure a health and warm and inviting workplace. Since the workplace is already filled with stereotypes on the keys to success diversity training will help with the competitiveness that always thrives inside the work place. It will help teach the employees how to get along, work cooperate, get along, and work in sync with different age groups, the opposite sex, and ethnicities. â€Å"Diversity training has the potential to build bridges (Henslin, 2013). † The function behind offering diversity training is to help foster community. A healthy well managed work environment that will foster and increase the work output. It’s to help educate the employees on how to develop connections to people of various ages and backgrounds. Another key function is how to draw upon your co-workers aspect and work ethics to smooth out business production through shared unity. Though even with good intentions conflicts can exists. Some manager whose been told he has to take a course of diversity training may feel as though it’s a punishment. They may feel like in their job they have wronged someone and they are being reprimanded; thus they have to take diversity training. What you need to be aware of in diversity training is not to encourage or develop stereo types. The intention of diversity training is to encourage and develop understanding and unity in the work place. Role reversal and having participant make derogatory comments to the other my inflict scars and demote rather than promote understanding. So stay clear of antagonistic role play (Smart, 1997). Instead of role play do course match up. Match up employees from various levels in their career, age, sex, and ethnicity into groups. These groups should be assigned a unified task to complete during the diversity training. Have them get to know one another likes and dislikes and so forth. Assign them common tasks to complete jointly that exist within the corporation (Skills, 1968). Let them assign key task amongst each other that play upon each person strengths. Have them present their project at the end of the training session before the rest of the groups (Skills, 1968). Judge them by their ability to play upon the other’s strengths and the completeness of their projects. At the end of the diversity training session have them do peer assessment’s on one another. The symbolic aspect of this is they have meet new people they normally do not work with in their department. They work with new people from various skill levels. It fosters development in understanding of various backgrounds and ethnicity. It encourages unity and mutual respect for peers. Everything that you are trying to aide and foster through the diversity training can be reached by group project assignments. ? Bibliography Henslin, J. M. (2013). Essencial to Sociology: A Down to Earth Approach tenth edition. Pearson. Skills. (1968). International Encyclopedia of Social Sciences. Volume 6, pp. 296-302. Smart, W. (1997, September 1). Businessmanagementdaily. com. Retrieved August 11, 2013, from Business Management Daily: www. businessmanagementdaily. com

Sunday, July 21, 2019

Direct to consumer advertising

Direct to consumer advertising DTCA of prescription drugs has increased enormously over the past decade in the United States and New Zealand, the 2 countries where it is legal. In 2005, more than $4.2 billion (US) was spent on DTCA in the United States, and Americans spent an average of 16 hours watching televised drug advertisements-far more time than they spent with family doctors. Mintzes (2009) Whereas advertising for non-prescription pharmaceuticals has been directed to consumers for decades, direct-to-consumer (DTC) advertising for prescription drugs is a relatively recent phenomenon. Regulation of pharmaceutical advertising varies significantly around the globe. Diehl et al (2008) Currently, direct-to-consumer advertising is only allowed in the US and New Zealand, but is banned throughout Europe and the rest of the world. Diehl et al (2008) Despite the ban, a number of pharmaceutical companies have already begun to conduct consumer-targeted campaigns in the EU, which comply with current restrictions (Hone Benson 2004). Like KSA Diehl et al (2008) In the next part, I will start with academic review of marketing communication tools and advertising in general. 2.2 Marketing Communications tools Marketing Communication Marketing communications as defined by Kotler (2007) are the means by which firms attempt to inform, persuade, and remind consumers directly or indirectly about the products and brands that they sell. They are considered the voice of the brand and by which the companies can build a relationship with customers. Marketing communications mix consists of six major modes of communication, and according to Kotler (2007) it can be classified to mass or personal communications. Mass communications are advertising, public relation and publicity, events, and sales promotion. While, personal communications are personal selling and direct marketing. In this paper, I will focus on advertising, public relations and publicity, and direct marketing. 2.2.1 Personal Selling Personal selling is a face to face interaction with one or more prospective purchasers for the purpose of making presentations, answering questions, and procuring orders. For example, sales presentation, sales meeting, and samples. 2.2.2 Direct Selling Direct marketing is the use of consumer-direct channels to reach and deliver goods and services to customer without using marketing middlemen. These channels include catalogs, mailing, telemarketing, TV shopping, e-mail, or internet to communicate directly with customers. 2.2.3 Sales Promotion Sales promotion is a variety of short term incentives to encourage trial or purchase of a product or service. For example, coupons, lotteries and gifts. On the contrary, sales promotion is the appropriate tool, if the intention is to deliver quicker results, thus, it could be thought of as a short term incentive to stimulate sales (Sandhusen, 2008), however, despite the fact that it has taken over advertising in recent years, if used more frequently it may has a damaging impact on the brand being promoted. 2.2.4 Events Events and experiences are company sponsored activities and programs designed to create daily or special brand related interactions. For example, sports, festivals, arts, factory tours, and company museum. These marketing communications must be integrated to deliver a consistent message and achieve the strategic positioning. 2.2.5 Public Relations and Publicity Public relation and publicity is a variety of programs designed to promote or protect a company image or its individual products. For example, press kits, speeches, seminars, annual reports, charitable donations, publications, community relations, lobbying, identity media, and company magazine. Public relations carries identical definition as that for advertising except for the part of being paid by the company, and on the contrary, public relation has a distinctive quality over advertising, which is being perceived as more credible (Sandhusen, 2008). The appeal of public relations is based on three distinctive qualities; high credibility than ads, ability to catch buyers off guard who prefer to avoid salespeople and advertisements, and the potential for dramatizing a company or a product. Many companies are turning to marketing public relations (MPR) to support corporate or product promotion and image making. The old name of MPR was publicity, which was seen as the task of securing editorial space as opposed to paid spaces in print and broadcast media to promote a product, service, idea, place, person, or organization. MPR goes beyond simple publicity and plays an important role in assisting in the launch of new products, assisting in repositioning of a mature product, building interest in a product category, influencing specific target groups, defending products that have encountered public problems, and building the corporate image in the way that reflects favourably on its products. 2.2.6 Advertising Advertising as claimed by Pickton Broderick (2006) is considered as the senior element of the marketing communications mix which defined as the use of paid mass media, by an identified sponsor, to deliver marketing communications to target audiences to persuade or influence an audience. Whereas media is considered as the carriers of message that it should include TV, radio, press, posters, direct mail and the internet. Advertising according to the media and the purpose can be classified into many types. For example, based on the type of media there are many types of advertisement like television ads, press and magazine advertisements, posters, radio, internet and out of home advertising which includes billboards, transit, street furniture, and alternative outdoor like cinema advertising, stadium advertising, and airport advertising (Wilson, et al., 2008). In addition to the previous classification, Eldridge (1958) argued that according to the purpose of the advertising there are three different kinds. The first one is the immediate action advertising like that of retail food advertising, special deals and coupon offers that push customers to take immediate actions. Whereas the second category is the awareness advertising like the announcements of a new product or model. As an example of this category is that of direct-to-consumer advertising of the pharmaceutical products, especially See your doctor campaigns that increase public awareness for new products or even refreshing the customer memory toward old product. Finally, the third category is the creation or change of an image advertising which is considered the most difficult category to be measured. For example, campaigns that made by oil companies to improve their images as environment pollutants through increasing their social responsibilities. There is some confusion between advertising, direct marketing, and public relation. (Tamer) Advertising has a lot of advantages. As mentioned in Leicester (2009) it can reach mass audiences through media and press. In addition it is able to reach mass audiences selectively like advertising in specialized magazines. Moreover, it has low unit cost, efficient and effective at reaching large audiences. In addition to the previous advantages, as claimed by Eechambadi and Naras V. (1994), it is expected to change perceptions, maintain awareness, reinforce brand loyalty, encourage switching, or influence frequency of purchase. After showing the different types and advantages of advertising in the next part I will present how advertising works. As mentioned by Miller, et al., (1998) over the past several decades most advertisers and academics believed that advertising primarily worked by changing consumer attitudes toward a brand through the (Awareness, Interest, Desire Action) AIDA model. This simple model says that awareness of a brand precedes interest, which in turn precedes desire and action. Thus, awareness plays a role in this theory, it is primarily a gatekeeper. However, Pickton Broderick (2006) argued that, advertising works through three ways. The first way considers the concepts of advertising as a strong or a weak force. Advertising seen as a strong force suggests that it has a direct and positive impact on sales through persuading people to buy, creating and building brands, differentiating between brands and increasing sales. While those see advertising as a weak force suggests that advertising works through maintaining brand values and defending market share, so its effect on sales is therefore less direct. A second way considers the concept of salience which is the sum total of brand attributes, not any single element, that creates a positive attitude towards the brand. The goal is not so much how well your brand is regarded, but how many consumers regard your brand well. In this way, brand shares are maintained. The third approach is a simple causal hierarchy of effects that claimed by Vakratsas and Ambler (1999) which is little changed in its essentials from the AIDA model. In this approach, consumers change their minds about a product, then they change their attitude, and then they act. In other words, the process begins with cognition, which translates to affect, which then translates to behaviour. The purpose of advertising in that model is primarily to drive trial by inserting the brand into the consumers head and keeping it there. To increase the advertising effectiveness, it is better to use advertising in more than one media to gain the advantages of each one. For example, the most effective see your doctor campaigns usually use more than one media, like TV, radio, posters, flyers and internet. à ¢Ã¢â€š ¬Ã‚ ¢ 2.3 Overview of DTCA . à ¢Ã¢â€š ¬Ã‚ ¢ 2.3.1. Definition of DTCA . Direct-to-consumer advertising (DTCA) is the promotion of prescription drugs through newspaper, magazine, television and internet marketing. Drug companies also produce a range of other materials, including brochures and videos, that are available in doctors offices or designed to be given to patients by medical professionals or via patient groups. Vann(2010) The only two developed countries where DTCA is currently legal are the U.S. and New Zealand. While banned elsewhere, the drug industry is mounting major lobbying campaigns to have DTCA allowed in Europe and Canada. Vann(2010) DTCA advertising is just one strand in the marketing and PR efforts of drug companies to promote brand-name prescription drugs. Some aimed at potential consumers are video news releases for use in television news bulletins and programs. Vann(2010) Prescription drug advertising is very different from any other type of product advertising in that the product cannot be purchased without the cooperation of others (doctor, pharmacist, insurer, health maintenance organisations, etc.) and thus the purpose of advertising is different from most other product advertising. Becker et al, (2005) The advertisers want consumers to do one of the following; seek more information, talk to a doctor about the drug, talk to a pharmacist about the drug and tell family and friends about the drug. Basically, what consumers are expected to do after viewing prescription drug ads is to seek information and talk to others. Becker et al, (2005) à ¢Ã¢â€š ¬Ã‚ ¢ 2.3.2. A History of DTCA . The idea of DTCA started in the early 1980s when some of pharmaceutical companies decided to find a new model of promotion rather than the traditional one that rely on promotion for physician. They started firstly with public relations techniques rather than paid advertising as mentioned by Donohue and Julie (2006). From the 1950s to the early 1980s, no pharmaceutical companies were running product-specific ads in the mass media. Then, two product marketing campaigns broke with tradition and pursued a marketing strategy that depended on consumers taking a more active role in prescribing decisions. In 1981, Boots pharmaceuticals used print and television ads to promote Rufen, a prescription pain reliever. The marketing strategy was to position Rufen as a cheaper alternative to the leading brand. Donohue and Julie (2006) In the early 1980s most pharmaceutical companies avoided DTCA of prescription drugs, according to a survey conducted in 1984 of pharmaceutical marketing executives. Pharmaceutical executives argued that DTCA would hurt the doctor-patient relationship, confuse an unsophisticated public, and lead to higher drug costs. Donohue and Julie (2006) The increased use of DTCA in the early 1990s may have been related to the introduction of lifestyle drugs for which no market yet existed like hair restoration products or those requiring consumers to self-identify, either because physicians feel uncomfortable discussing the product like drugs that treat erectile dysfunction. Donohue and Julie (2006) In 1997, The Food and Drug Administration (FDA) relaxed its rules on mass media advertising for prescription drugs. This action made it easier for pharmaceutical companies to promote their products in 30- or 60-second TV ads without giving detailed medical information on the indications, potential side effects, or proper use. Findlay and Steven (2002) Pharmaceutical firms, which in 1984 had feared the impact of DTCA on the doctor-patient relationship, now argued that prescription drug advertising empowered consumers. The president of the Pharmaceutical Research and Manufacturers of America stated, Direct-to-consumer advertising is an excellent way to meet the growing demand for medical information, empowering consumers by educating them about health conditions and possible treatments. Donohue and Julie (2006) à ¢Ã¢â€š ¬Ã‚ ¢ 2.3.3. Why pharmaceutical companies might use DTCA?. There are several factors in the prescription drug industry that might induce manufacturers to advertise directly to consumers. In general, certain characteristics of the market, the disease to be treated, the stage of the product life cycle (PLC) and the drug treatment itself. Sheffet et al, (1990) As the size of the potential market increases, so does the probability that manufacturers will advertise to medical professionals and consumers, because the larger the potential market for a drug treatment, the lower the cost per treatment to advertise. For example, the current broadcasting and print media advertising for ulcer treatments is aimed at a large potential market. In the case of a drug to treat a disease that afflicts far fewer people (e.g., hemophilia), it is unlikely that DTC advertising would be used because of the high cost of reaching the relatively small number of people in that market. Sheffet et al, (1990) The stage of the PLC will also influence the likelihood that a firm will participate in DTC advertising. In a mature product category, a function of advertising is to allow a firm to differentiate its product from competing brands. Early in the PLC, advertising is more likely to increase the relative size of the total market. A unique characteristic of the prescription drug industry is that the stages of the PLC are significantly dictated by the patent structure. A firm whose brand is protected by a patent has a greater incentive to increase the total market size than a firm whose product is competing in a stable, mature market. Sheffet et al, (1990) The nature of the disease and the frequency of treatment will also affect the attractiveness of DTC advertising for a particular drug. For example, a disease that requires constant long-term medication (e.g., Dilantin for epilepsy), will have the same patient population in the market for years. Sheffet et al, (1990) 2.4 The role of DTC advertising in the healthcare system.. 2.4.1 push/pull strategic mix:.. The introduction of DTC advertising brought the consumer into the brand stimulation equation, eroding some of the physicians market control and giving prescription drug manufacturers more control of the marketplace. Where once the manufacturer was at the total mercy of the physician, DTC advertising put the prescription drug manufacturer in a position to exert some influence in the patient-doctor relationship. Becker et al, (2005) pharmaceutical industry has traditionally used a push strategy to promote their products but report that there has been a break from this traditional push strategy to a more aggressive pull strategy. Parker et al, (2003) Therefore, pharmaceutical companies advertising shifted from a push promotion strategy to a combination of a push/pull strategic mix. Becker et al, (2005) 2.4.2 Doctor-Patient Relationship. During the past two decades, there has been an irreversible change in the nature of the doctor-patient relationship. Patients are seeking much more medical information and are actively participating in decisions affecting their health. Wolfe (2002) in terms of the impacts on doctor-patient relationships, on the positive side, Peyrot, Alperstein, Van Doren, and Poli (1998) found that media exposure and awareness of DTCA appeared to be associated with higher consumer drug knowledge and greater levels of discussion with physicians regarding treatment, this leading to strengthening of the relationship between doctor and patients (Bonaccorso and Sturchio, 2002). Reast et al, (2008) Conversely, Mechanic (1996), in line with prior research by Perri and Nelson (1987), took the position that the relationship between doctor and patient would be undermined by the increasing consumerization of the doctor-patient relationship, and various studies have pointed to potential conflicts in the relationship between doctor and patient, with undue pressure on doctors to prescribe advertised drugs (Foley and Gross, 2000; Mintzes et al, 2002; Prince, 2003), and patients considering switching doctors if specific drug requests are denied (Kravitz, 2000). Reast et al, (2008) The irritation felt by many physicians when patients approach them after seeing a direct-to-consumer advertisement may derive from the fact that such advertisements, with their powerful, emotion-arousing images and frequently unbalanced information on safety and effectiveness, mislead patients into believing that drugs are better than they actually are. Wolfe (2002) This puts physicians in a quandary, facing 3 conflicting ethical obligations. First, physicians aim to do no harm. Second, physicians seek to maintain and develop a strong doctor-patient relationship because it enhances future care and health outcomes, in addition to patient satisfaction. Third, physicians have a duty to ensure fair allocation of health care resources and avoid wasteful expenditure. Murray et al, (2003) We found that physicians find responding to inappropriate requests time-consuming and that they often seem to acquiesce to such requests as long as the patient is not harmed. Furthermore, more doctors perceive the effect on the relationship as beneficial than harmful, but this is dependent on physicians doing what the patient wants. Murray et al, (2003) DTCA can have good and bad effects on quality of care, the doctor-patient relationship, and health service utilization. The benefits might be maximized, and the harms minimized, by increasing the accuracy of information in advertisements; enhancing physicians communication and negotiation skills; and encouraging patients to respect physicians clinical expertise. Murray et al, (2003) 2.4.3 Do Ads Really Drive Pharmaceutical Sales?. The reviewed research finds that DTCA leads to increased demand for the advertised drug. Atherly and Rubin (2009) Evidence suggests that direct-to-consumer advertising of prescription drugs increases pharmaceutical sales and helps to avert underuse of medicines and leads to potential overuse. Donohue, Cevasco and Rosenthal (2007) 2.5 Overview of the global doctors` attitude toward DTCA Increasingly consistent US, New Zealand and UK medical opinion While a USA study prior to the boom in DTCA had found that physicians were broadly supportive of advertising to consumers (Petroshius et al. 1995), more recent evidence with very few contradictions now suggests that many USA physicians are unhappy with DTCA (Reast et al., 2004). The picture within New Zealand, on balance, cautiously supported the continuation of DTC advertising (Reast et al., 2004). UK physicians also as mentioned by Reast et al., (2004) opposed to the introduction of DTCA, which they feel is unethical, and is likely to have various negative impacts. Concern was expressed about DTCA causing damage to physicians` relationship with pharmaceutical companies, and perhaps more importantly, damage to their relationship with patients (Reast et al., 2004). à ¢Ã¢â€š ¬Ã‚ ¢ 2.5.1 The USA Situation Medical opinion towards DTC within the USA, having apparently been quite supportive prior to the rapid expansion of DTC in the mid- 1990s (Petroshius et al. 1995), appears now to be hardening. A US study, published in the Journal of Family Practice in 1997, found that 80% of surveyed members of the American Academy of Family Physicians believed that DTC was not a good idea and 84% expressed negative feelings about television DTC advertising (Mitka 2003). In contrast, the FDA study, a survey of 500 general practitioners (GPs) and hospital doctors, found a much more positive view of DTC advertising, whereby 37% said the overall impact of DTC advertising on their patients and practice had a somewhat positive effect, 28% said that there was no effect at all, and 27% said that DTC advertising had a somewhat negative effect. Only 3% felt it had a very positive effect and 5% said it had a very negative effect (Thomaselli 2003). Reast et al, (2004) There have been a substantial number of published studies on DTCA in the USA. These include a Harvard Medical School report by Weissman et al. (2004). This national study of 643 physicians on events where patients discussed advertised drugs found both positive and negative effects on patients and physician practices. Positive effects were: improved communication (67%), patient education (70%) and improved compliance (46%). Negative effects included: patients led to seek unnecessary treatments (80%) and a perceived lack of balance in risk/benefits (80%). Auton and Frank (2006) à ¢Ã¢â€š ¬Ã‚ ¢ 2.5.2 The New Zealand and Australia Situation In New Zealand also, opposition to DTC remains high among physicians, with recent high-profile reports from New Zealands top medical schools condemning the practice (Scrip 2003). Reast et al, (2004) Despite this, a review of physician opinion conducted by the New Zealand Ministry of Health in 2001 (Hoek Gendall 2002) found that doctors` groups acknowledged both the benefits and issues associated with DTC advertising. A qualitative research study conducted in New Zealand by Maubach and Hoek (2005) suggests that doctors views are complex. Doctors were found to have serious concerns about DTCA but also saw some benefits from it. Respondents viewed favourably DTCAs ability to increase awareness of certain medical conditions. However, there were concerns about the poor level of information provided and many doctors spent time dispelling incorrect patient perceptions. There was also concern that risk information was not felt to be balanced. The majority did not support a ban on DTCA but nearly all considered that stricter regulation was required. Auton and Frank (2006) A study of attitudes towards DTCA in Australia by Miller and Waller (2004) found that four factors were important: information, quality, credibility and price. Auton and Frank (2006) DTCA is banned in Australia but the pharmaceutical industry is still lobbying to have the ban lifted, despite the strong opposition of doctors and consumer groups. Auton and Frank (2006) à ¢Ã¢â€š ¬Ã‚ ¢ 2.5.3 The European Situation .. There is little published quantitative research concerning the attitudes towards DTC of European health professionals, but Reast and Carson (2000) conducted a rare survey into UK physician opinion towards DTC soon after the start of generic see your doctor campaigns in Europe, in 1999. The exploratory study of 68 GPs and hospital doctors, a partial replication of the USA study by Petroshius et al. (1995), found UK physicians highly opposed to the concept and likely impacts of DTC advertising, 62% disagreeing with the ethics of DTC advertising, and 72% opposing the introduction of DTC advertising in Europe. Seeing certain benefits of a limited introduction of DTC communication, the European Commission presented plans to the European Parliament in November 2002, allowing further information on three chronic disease conditions (Aids, diabetes, and asthma) to pass directly to consumers. While the European Commission plans were rejected, educational see your doctor campaigns, carrying the manufacturers name and logo, but not the product brand name, are still allowed. Reast et al, (2004) In the UK disease-awareness campaigns are being mounted by pharmaceutical companies in conjunction with patient organisations through sponsorship and grants which recognises UK and EU law prohibiting pharmaceutical companies undertaking activity which is deemed to be promoting a prescription-only medicine to the public. Auton and Frank (2006) Pfizer launched a  £30 million Europe-wide male impotence disease-awareness campaign, including sponsorship of a St Valentine.s Day radio and press campaign, in conjunction with the Impotence Association. Reast et al, (2004) à ¢Ã¢â€š ¬Ã‚ ¢ 2.5.4 The Middle East Situation .. Actually, after a lot of research, I did not find any articles talk about DTCA in Middle East. DTCA is banned in Australia but the pharmaceutical industry is still lobbying to have the ban lifted, despite the strong opposition of doctors and consumer groups. Auton and Frank (2006) There is little published quantitative research concerning the attitudes towards DTC of European health professionals, but Reast and Carson (2000) conducted a rare survey into UK physician opinion towards DTC soon after the start of generic see your doctor campaigns in Europe, in 1999. 2.6 Critical views of doctors attitudes towards DTCA . Recent surveys of physicians indicate that even though many still oppose the practice of DTCA in general, they also point to some positive effects. Donohue and Julie (2006) 2.6.1 Why DTCA is viewed as positive by doctors? . Supporters claim that DTC advertising has an educational value. It may cause consumers to seek advice on diseases or problems that have been previously undiagnosed, thus creating a more informed consumer (Parker et al, 2003). In addition, it can play an important role in improving healthcare by giving consumers the information they need to discuss medical symptoms and treatment options with their doctors. Becker et al, (2005) Moreover, DTCA is necessary to provide pharmaceutical firms with an incentive to develop prescription drugs to treat new ailments, such as severe acute respiratory syndrome (SARS), or more effective treatments for established ailments and conditions. Research and development costs are high, but pharmaceutical firms have only a limited amount of time in which their prescription drugs are patent-protected. As regulatory approval times have lengthened, the amount of time that pharmaceutical firms have to recoup their research and development costs before being faced with competition from generic versions of their drugs has decreased (Meek 2001). Therefore, pharmaceutical firms believe that creating consumer awareness of patent-protected prescription drugs is the quickest way to increase sales. Main et al, (2004) Supporters further claim that DTC advertising will lead to improved products and lower prices as pharmaceutical firms compete for consumer patronage in the open market. In this view, more knowledgeable consumers will select the best treatment available; thus, bans on DTC advertising deprive consumers of information needed to make the best choice (Meek 2001). Main et al, (2004) Furthermore, as mentioned by Auton and Frank (2006), a national study of 643 physicians found positive effects were: improved communication (67%), patient education (70%) and improved compliance (46%). Finally, to summarize the benefits of DTCA, the Pharmaceutical Research and Manufacturers of America (PhRMA) in 2005 announced approval of new industry guidelines for DTC advertising. The fourteen principles outlined in these guidelines are based on the premise that: DTC advertising of prescription medicines can benefit the public health by increasing awareness about diseases, educating patients about treatment options, motivating patients to contact their physicians and engage in a dialogue about health concerns, increasing the likelihood that patients will receive appropriate care for conditions that are frequently under-diagnosed and under-treated, and encouraging compliance with prescription drug treatment regimens. Royne and Myers (2008) 2.6.2 Why DTCA is viewed as negative by doctors? . Critics of DTC advertising maintain that prescription drugs differ from other products and, therefore, should not be advertised in a similar way to increase consumption. Instead of being sold to increase profits, prescription drugs should be sold only when a doctor believes the medication will be the best way to reduce a patients suffering (Findlay 2001). In addition, DTCA intrudes into the doctor-patient relationship and confuses patients by representing promotional messages as educational (Wolfe 2002). Further, opponents believe that DTC advertising increases demand for more expensive medications and medicalizes normal human experience (Mintzes 2002), rather than providing consumers with information needed to make better health-care decisions. Critics also contend that the increase in patient requests for advertised medications (Peyrot et al. 1998) leads to preference toward branded, advertised prescriptions over more affordable and effective treatments (Dyer 2002; Findlay 2002). Some also argue that such advertising is inappropriate because patients are not in a position to diagnose conditions or judge the relative safety, effectiveness and appropriateness of alternative treatments. This practice can lead to prescription drug misuse and abuse (Becker et al, 2005). In addition, evidence on clinical outcomes is often inadequate when drugs first come on to the market, at times leading to false impressions. COX 2 inhibitors (Vioxx), for example, were widely believed to be safer than other non-steroidal anti-inflammatories when first launched. An assessment of the full experience of serious adverse events in comparative trials suggests the contrary. Mintzes and Barbara (2002)

Saturday, July 20, 2019

Computer Animator :: essays research papers

Computer Animators   Ã‚  Ã‚  Ã‚  Ã‚  Animation as an art form has been around for almost one hundred years. From the earliest days of hand drawn cels, individual pictures strung together, to the complex rendering of 3-D virtual worlds, animation packs peoples' lives. Do you wonder how the computer-animated movies are made or want to become a computer animator? Computer Animation is a fast growing field. There are many different areas to of animation, computer animation is what this paper is about, history of animation and how it came to be and how to get there and what computer animators do for their job is what is in this paper. Animation was first developed in 1906 by Stuart Blackton, a young English-born adventurer. His first short film, â€Å"Humorous Phases of Funny Faces†, was a sensation with audiences. Blackton’s illusion was created by a very simple method, comical faces were drawn on a blackboard, then erased. The camera was stopped after each face was photographed. The 'stop-motion' provided a startling effect as the facial expressions changed before the audience's eyes. A major breakthrough for animation came in 1915, when J. R. Bray was granted patents for his use of glassine paper. Bray created a two-dimensional look with his animation by drawing on a clear plastic sheet and then placing it over a pre-drawn background. Max Fleischer's rotoscope consisted of a drawing board, fitted with a piece of frosted glass, and a motion picture projector mounted underneath which magnified a single frame of motion picture film onto the glass. When the figure on one frame had been traced onto translucent paper, a crank advanced the film to the next frame. People who choose a career path as a professional animator work in a challenging, fast-paced, and rewarding field. The resurgence in popularity of animation has re-opened countless opportunities for highly creative individuals, with computer skills. The latest need for computer animators is created by the expansion of the World Wide Web. Businesses of all types are hiring web developers to design web pages to promote their products and services to prospective customers who are accessing the Internet. Web developers and animators, use animated gifs, an image that appears to be alive, to display their talents in the hope of crossing the bridge to a full time position in animation. The better the gif the brighter the future! This is a highly competitive career choice and individuals most often find themselves starting out at the bottom.

This is Your Brain on God :: Biology Essays Research Papers

"With all your science can you tell how it is, and whence it is that light comes into the soul?" ~ Henry David Thoreau Belief in God has long been held to be a superstition by the scientific community as the existence of such a higher power cannot be demonstrated through objective observation. While science is unable to prove whether or not God is real, the field of neurotheology has instead posed a new question that we can find answers to: is there activity in the brain specific to religious experience? Can science in fact shed light on Thoreau's question? Through the use of brain imaging technology, Dr. Andrew Newberg has conducted research in an attempt to find answers to these questions. The participants in his study were Buddhists well-versed in meditation. Newberg used a SPECT (single photon emission computed tomography) camera to make an image of the brain of an individual at the moment he reaches the climax of meditation. Such a picture would enable us to look at the brain as it "experiences God." The "peak" of meditation is clearly a subjective state, with each individual attaining it in different manners and having different time requirements. However, the sensation and meaning behind this moment is consistent among all who reach it. At the peak, the subjects indicate that they lose their sense of individual existence and feel inextricably bound with the universe. "There [are] no discrete objects or beings, no sense of space or the passage of time, no line between the self and the rest of the universe" (Newberg 119). As the river flowing east and west Merge in the sea and become one with it, Forgetting that they were ever separate rivers, So do all creatures lose their separateness When they merge at last . . . (Newberg 6-7) Newberg first took baseline images of the brains of the meditators to use as a standard for comparison (Newberg 5). It was important that these scans of the brain be taken while the subjects were at rest so that brain activity while one is simply relaxed could be differentiated from brain activity while one is having a spiritual experience. The baseline scans showed an "even distribution of activity throughout the brain," characterized by a large amount of activity in the posterior, superior parietal lobe and a moderate amount in the prefrontal cortex (Newberg 4).1 The subjects then meditated. When they reached the peak, they pulled on a string attached at one end to their finger and at the other to Dr.

Friday, July 19, 2019

john keats :: essays research papers

John’s mother took her husbands’ death very hard. She could no longer run the stable business that her husband ran for so many years. With these facts in place, Frances then looks to remarry to help run the business. Barely two months after her husbands’ death, she remarried a minor bank clerk named William Rawlings on June 27, 1804. William was a fortune hunter and the children did not like him at all. Mr. Rawlings did not care about anything but money during their marriage, which made the marriage an indefinite disaster. Upon the end of their ill-fated marriage John, along with his other siblings were sent to live with their grand parents, months later Frances moved in also. Frances also left Mr. Rawlings with the stables she inherited from her late husband Thomas, and from that day forward Frances health began to dwindle away.   Ã‚  Ã‚  Ã‚  Ã‚  The times up until know have been very hard on the Keats family, especially hard on the children, they only get worse as time goes on. The children loved being around their grandparents and living with them, they cared very deeply about them. On March 8, 1805, John Keats grandfather died of natural causes. With his death not only did grief and sorrow fill the families heart; his death also brought on a financial burden, which will seem to consume John for the rest of his life.   Ã‚  Ã‚  Ã‚  Ã‚  This issue of money all began when Mr. Jennings, being the gullible person he was, hired a land surveyor, not a lawyer to write his will. The sneaky land developer intentionally made John’s grandfathers’ will to be extremely vague and ill written. Mr. Jennings real wishes were obscured and open to interpretation.   Ã‚  Ã‚  Ã‚  Ã‚  The fight over shares in the estate began shortly after his death (and ended long after John Keats’ death).

Thursday, July 18, 2019

Media and the Criminal Justice System Essay

Media has a strong influence on today’s society and the criminal justice system. Interaction with the media continues to create problems in overcoming the racial disparities in this nation, due to crime that is committed by ethnic minorities in the media increasing racial stereotypes. Media also has a great influence and disadvantages regarding high profile criminal cases, affecting the way Americans view the criminal justice system. High exposure to the news and entertainment media has been proven it increase fear,which can rise the crime rates in communities. In any case, when turning on the news and looking through the pages of a local newspaper, minorities , mostly African-Americans are the central focus of crime ,creating the portal that blacks are the main source of crime in our nation (see figure 1). The graph below shows the increasing amount of black on black crimes over the years. A 2007 special report released by the Bureau of Justice Statistics, reveals that approximately 8,000 — and, in certain years, as many as 9,000 African Americans are murdered annually in the United States .The media has led to racial stereotypes of African-Americans due to the amount of â€Å"black on black† crime that is reported everyday. Fig. 1. Homicide victims by race and gender of the victims 1933-2005;Department of Justice Report;2007 More so, informing the public of what occurred instead of solutions to the problem. This issue results to a misunderstanding by the viewer who assumes that the images and facts portrayed are representations of racial groups as a whole, instead of those particular people that are being mentioned. Read more:  Advantages and Disadvantages of Mass Communication The media can also influence the law enforcement opinion of blacks, they have been many illegal actions on the basis of an individual race and ethnicity known as racial profiling. In addition,victims who are an ethnic minority are rarely featured on the news, unlike Caucasian victims who claim the spotlight in media entertainment. Such as the murder of Teryvon Martin. As a result, of the media’s false portrayals of crime and offenders has resulted in the continuation of prejudicial beliefs in our country. The main point of this issue is the problem of racial profiling that exists in various communities within our society including the criminal justice system. However, media coverage or press attention in criminal cases poses its advantages and disadvantages. Publicity can cause unknown witnesses to come forward so that their information may be considered and the facts correctly determined. It can also help to ensure that the person who is charged is being treated fairly by subjecting their decisions to the public. Media coverage can also provide the encouragement for needed changes in the criminal justice system . Media in criminal cases can also have its disadvantages. Publicity may cause some judges or prosecutors, particularly those who must re elected , to act in a manner to help his or her votes rather than in the manner of fairness and justice. The media can also influence the jurors decision. There are laws that protects a jury from being influenced by media reporting, but there have been situations where criminal cases hear claims that a defendant cannot get a fair trial because of the media. These concerns are taken seriously by judges and also by reporters and editors who can face imprisonment for compromising the legal process. Yet there has been many opinions from lawyers and journalists, that most juries are sophisticated enough to ignore media reports when they are asked to return a verdict.There have been many high profile cases where the media influence the public and exposed themselves in a negative manner , as well as informed the public of the wrongdoing of the criminal justice system. For example, The Treyvon Martin case exposed the worst in the media. Similar to what I stated in the beginning of this paper. The media rarely broadcast victims that are African-American. It took one month for the Treyvon Martin shooting to air on the news. Another incident that shows the lack of integrity in the media, is the video of George Zimmerman arriving at the police station. After ABC News aired surveillance video of George Zimmerman, entering a police precinct without any apparent injuries, another news program enhanced still images from the video and concluding that it found â€Å"what may be an injury to the back of his head.† The site’s photo â€Å"analysis† photoshopped the back of Zimmerman’s head with yellow arrows and stated this it†indicates what appears to be a vertical laceration or scar several inches long.† These statements were lately deemed as false. As, I mentioned above, the media can inform the public of the wrongdoing in the criminal justice system. The Drew Peterson trial allowed hearsay to be presented as evidence in the case,though hearsay is stated as unconstitutional. A change in the law was made in order to use the hearsay against him. The media informed the public of the matter. The Daily Center is also the same news program that published the 152 pages of Martin’s tweets from a social networking site known as Tweeter. The judge, Debra S. Nelson of Seminole County Circuit Court, said Mr. Martin’s Twitter, Facebook and school records were relevant in the self-defense case. The media influenced the judge to allow the tweets to analyze Martin’s personality , which might have been seen as a typical high school male, focused on girls, sex and getting out of class early, or to be used against him in order to show whether a victim â€Å"had an alleged propensity to violence† or aggression, the judge said. Similar to any other teenager his â€Å"tweets† focused on ditching school and girls, using them in a criminal case is a bias approach to the situation. Another show, The Today Show underwent an internal investigation from NBC regarding the editorial process after its morning show aired an edited conversation between George Zimmerman and a 911 dispatcher recorded before the shooting. The investigation came after Fox News and others pointed out that the network joined two parts of the call together, making it appear as if Zimmerman had said, â€Å"This guy looks like he’s up to no good. He looks black.† In reality, Zimmerman was answering a dispatcher’s question: Zimmerman: This guy looks like he’s up to no good. Or he’s on drugs or something. It’s raining and he’s just walking around, looking about. Dispatcher: OK, and this guy–is he black, white or Hispanic? Zimmerman: He looks black.(02 April 2012) The actions that the media took influenced the public and the courts and showed the negative aspects of allowing the media to inform the public. This case in particular showed the amount of racism, lack of integrity that exist in media entertainment. The fear of crime can be associated with media exposure. The media in general tends to exaggerate the crime . For example, the crime that you are more likely to see on the news are in relation to gun violence, the same thing can be found on the internet and newspaper. Crime through media is intended to draw the reader in, and interest them. Yet a daily exposure can encourage fear in the viewer. The fear of crime can outweigh the actual risks. Those who are in fear of crime tend to stay home rather than venture outdoors, this can increase the amount of crime. Signs of incivility in a community rises the crime rate due to â€Å"criminals being drawn to communities where they perceive a lack of of social control by local residents†(p.281). Another reason for promoting a certain fear of crime is money. By increasing the idea of violent crime, the dominant culture are more likely to invest in certain protections. The media lacks integrity due to broadcasting stories that attacks the reputation of African-Americans and other ethnic minorities. They exaggerate stories that can create moral panic and this can also be seen as a way of controlling how the public behaves. Racial profiling is associated with the media due to people seeing mostly blacks committed crimes. Mass media can control the outcome of criminal cases by brainwashing the jurors, controlling the verdict of the case. The relationship between media and crime creates strong influence on the publics view of crime and the criminal justice system, overall having a power influence on both. Works Cited

Wednesday, July 17, 2019

Breach of Contract & Remedies Essay

A break away of exhort occurs where a political caller to a rent fails to per take in, precisely and exactly, his obligations to a lower place the necessitate. This go off take various forms for example, the mischance to supply goods or do a service as concord. Breach of make may be both veritable or anticipatory.Actual breakout occurs where cardinal political troupe refuses to form his side of the mint on the due interlocking or arranges in realisedly.For example Poussard v Spiers and Bettini v Gye.prevenient give occurs where wizard troupe announces, in advance of the due date for capital punishment, that he intends non to perform his side of the bargain. The innocent(p) political troupe may action for return immediately the injure is announced. Hochster v De La Tour is an example.Effects of woundA breach of mash, no matter what form it may take, always entitles the innocent party to maintain an action for redress, but the regulation establishe d by a yen line of authorities is that the make up of a party to look at a signalise as discharged arises alone in three situations.The breaches which give the innocent party the option of terminating the consume be(a) apostasyRenunciation occurs where a party refuses to perform his obligations under the convey. It may be either express or implied. Hochster v De La Tour is a case rectitude example of express renunciation.Renunciation is implied where the commonsense inference from the defendants call for is that he no longer intends to perform his side of the contract. For example Omnium DEnterprises v Sutherland.(b) Breach of conditionThe second repudiatory breach occurs where the party in default has move a breach of condition. Thus, for example, in Poussard v Spiers the employer had a right to terminate the sopranos employment when she failed to arrive for surgical processs.(c) ingrained breachThe third repudiatory breach is where the party in breach has committed a serious (or fundamental) breach of an innominate term or totally fails to perform the contract.A repudiatory breach does non automatically bring the contract to an end. The innocent party has deuce optionsHe may treat the contract as discharged and bring an action for amends for breach of contract immediately. This is what occurred in, for example, Hochster v De La Tour.He may elect to treat the contract as still valid, complete his side of the bargain and then sue for defrayal by the other side. For example, ovalbumin and Carter Ltd v McGregor.Introduction to remediesDamages is the grassroots amelio browse available for a breach of contract. It is a common right unbosom that can be claimed as of right by the innocent party. The object of redress is usually to put the injured party into the resembling financial position he would collect been in had the contract been correctly performed. sometimes redress argon non an adequate remedy and this is where the straightforw ard remedies ( much(prenominal) as particularised performance and injunction) may be portrayed.Damages3.1 NatureThe major remedy available at common law for breach of contract is an award of remedy. This is a monetary sum obstinate by the greet to compensate the injured party.In fiat to recover substantial damages the innocent party must(prenominal)(prenominal) verbalize that he has suffered echt dismission if in that respect is no actual loss he go forth only be empower to nominal damages in information of the fact that he has a valid cause of action.In making an award of damages, the judicature has two major considerations distance for what consequences of the breach is the defendant legally trusty?The measure of damages the principles upon which the loss or damage is evaluated or quantified in monetary terms.The second consideration is quite unequivocal from the initiatory, and can be decided by the accost only after the commencement ceremony has been de termined.3.2 Remoteness of lossThe rule judicature remoteness of loss in contract was established in Hadley v Baxendale. The hail established the principle that where one party is in breach of contract, the other should receive damages which can fairly and fairly be considered to arise naturally from the breach of contract itself (in the normal dividing line of things), or which may reasonably be assumed to have been within the consideration of the parties at the time they made the contract as being the probable conduct of a breach.Thus, there are two types of loss for which damages may be recovered 1. what arises naturally and2. what the parties could foresee when the contract was made as the likely go forth of breach.As a consequence of the first tree branch of the rule in Hadley v Baxendale, the party in breach is deemed to demand the normal consequences of the breach, whether he actually anticipate them or non.Under the second limb of the rule, the party in breach can only be held liable for deviate consequences where he has actual knowledge that the affected consequences ability follow or where he reasonably ought to know that the abnormal consequences business leader follow capital of Seychelles wash drawing v Newman Industries.3.3 The measure (or quantum) of damagesIn assessing the list of damages payable, the courts use the following principlesThe substance of damages is to compensate the claimant for his loss not to punish the defendant.Damages are compensatory not restitutionary.The most usual basis of compensatory damages is to put the innocent party into the same financial position he would have been in had the contract been properly performed. This is sometimes called the expectation loss basis. In Victoria Laundry v Newman Industries, for example, Victoria Laundry were claiming for the profits they would have made had the steam boiler been installed on the contractually agreed date.Sometimes a claimant may prefer to skeletal frame his claim in the ersatz on the reliance loss basis and thereby recover expenses incurred in anticipation of performance and wasted as a matter of the breach Anglia Television v Reed. In a contract for the sale of goods, the statutory (Sale of Goods Act 1979) measure of damages is the dispute between the market price at the date of the breach and the contract price, so that only nominal damages exit be awarded to a claimant buyer or claimant seller if the price at the date of breach was respectively less or more(prenominal) than the contract price.In better the amount of damages, the courts will usually infer the tax (if any) which would have been payable by the claimant if the contract had not been broken. Thus if damages are awarded for loss of earnings, they will commonly be by reference to net, not gross, pay. Difficulty in assessing the amount of damages does not prevent the injured party from receiving themChaplin v Hicks.In general, damages are not awarded for n on-pecuniary loss such as mental distress and loss of enjoyment. Exceptionally, however, damages are awarded for such losses where the contracts purpose is to promote rejoicing or enjoyment, as is the situation with contracts for holidays Jarvis v Swan Tours. The innocent party must take reasonable steps to apologize (minimise) his loss, for example, by trying to find an alternative method of performance of the contract dyad v Calder.3.4 Liquidated damages clauses and punishment clausesIf a contract includes a provision that, on a breach of contract, damages of a certain amount or determinable at a certain rate will be payable, the courts will unremarkably accept the relevant intent as a measure of damages. Such clauses are called liquidated damages clauses.The courts will uphold a liquidated damages clause even if that instrument that the injured party receives less (or more as the case may be) than his actual loss arising on the breach. This is because the clause ground ou t the damages constitutes one of the agreed contractual terms Cellulose Acetate Silk Co Ltd v Widnes Foundry Ltd.However, a court will ignore a figure for damages put in a contract if it is classed as a penalty clause that is, a sum which is not a genuine pre-estimate of the expected loss on breach.This could be the case where1. The impose sum is extravagant in analogy with the preceptum loss that could follow from a breach.2. The contract provides for payment of a certain sum but a big sum is stipulated to be payable on a breach.3. The same sum is fixed as being payable for several(prenominal) breaches which would be likely to cause alter amounts of damage.All of the above cases would be regarded as penalties, even though the clause might be described in the contract as a liquidated damages clause. The court will not enforce payment of a penalty, and if the contract is broken only the actual loss suffered may be recovered (Ford Motor Co (England) Ltd v Armstrong).Equitable r emedies4.1 Specific performanceThis is an piece of the court requiring performance of a compulsory contractual obligation.Specific performance is not available in the following helpingDamages provide an adequate remedy.Where the order could cause undue hardship.Where the contract is of such a nature that constant superintendence by the court would be required, eg, Ryan v Mutual Tontine Association.Where an order of specific performance would be possible against one party to the contract, but not the other.Where the party seeking the order has acted unfairly or unconscionably. He is barred by the maxim He who observes to comeliness must come with clean hands.Where the order is not sought promptly the claimant will be barred by the maxims Delay defeats the Equities and Equity assists the vigilant but not the vacant.In general the court will only grant specific performance where it would be just and equitable to do so.4.2 InjunctionAn injunction is an order of the court requirin g a person to perform a negative obligation.Injunctions fall into two extensive categoriesProhibitory injunction, which is an order that something must not be done.Mandatory injunction, which is an order that something must be done, for example to pull good deal a wall which has been erected in breach of contract. Like specific performance it is an equitable remedy and the court exercises its discretion consort to the same principles as with specific performance, eg, pageboy One Records Ltd v Britton and Warner Brothers v Nelson.