Wednesday, October 30, 2019

Discrimination Law In Employment Essay Example | Topics and Well Written Essays - 1000 words

Discrimination Law In Employment - Essay Example Having had a trans-gender operation will not alter her efficacy as a worker in any significant way. Hence, Alluria’s is a clear cut case of injustice and if she makes a lawsuit she will win. The Disability Discrimination Act of 1995 describes a disabled person as someone who has a â€Å"physical or mental impairment, which is long-term or substantial and makes them unable to carry out normal day to day activities and has more than a minor or trivial effect and lasts or is likely to last at least 12 months.† Karen’s disability has been congenital (hence long-term), substantial and certainly not trivial. It is difficult to see how Karen can be effective in a boutique with such a major disability. However, she had a right to apply for the job. She also did the right thing by disclosing her disability during the interview. It is due to the sloppiness of the interviewer that she got hired in the first place. If this is the real issue then Sonia should inform her so and follow proper Employee Dismissal Procedure, with its due notice period, full and final financial settlement, etc. But Sonia had not pursued this line of action and instead is nagging Karen t o â€Å"stop biting her nails†, which is irrelevant to the issue. Karen is also being victimized by Sonia for taking her previous employer to the Employment Tribunal. Karen had every right to take her previous employer to task. Discrimination by way of victimization is said to occur when an employer treats the employee less favourably due to their actions they have taken under or in connection with the DDA Regulations. In sum, Karen has two grounds for discontent – Disability Discrimination and Victimization – if she decides to take legal action. But Karen has to ensure that the total number of personnel in the boutique is more that 20, as the DDA is applicable only to employers with 20 or more employees. Also, she has to confirm that her particular

Monday, October 28, 2019

Role Of Environment In Language Development Essay Example for Free

Role Of Environment In Language Development Essay Language development refers to the process of acquiring a language during a person’s early stages of development. The process involves language acquisition through learning or by mimicry. As a child continues to develop, the language development in turn moves from simple to complex (Barrett, p 13). For instance, infants do not use a language to communicate after they are born. However, by four months of age, babies are able to use speech sounds and can read lips. This language is referred to as â€Å"gibberish†. As the child continues to develop, he or she learns language by recalling simple words which is then followed by the acquiring of words together with their meaning. Much later a child can be able to join words to form sentences that form a logical meaning. As the child continues to grow older, new associations and meanings are created and language acquisition is characterized by more vocabularies. The environment that surrounds a child during development affects his or her language learning process. The environment may impact negatively or positively on a child’s language development. In both children and adults, an individual’s environmental experiences therefore play a very important role in language skills acquisition (Polinsky, p 15). In this paper, the role of environment on language development in children will be discussed. The paper will focus on the different environments an individual interacts with and how they influence language development. The different environments that will be looked at include; home environment, social, school environment, and child care environment. Discussion Research findings indicate that an individual’s environmental experiences have a great impact on language development. Researchers in the field of language acquisition argue that language learning results from the interactions that the learners have with their surrounding communities. In addition, the cognitive abilities of an individual is important in language learning (Berk, p 24). This hypothesis has been supported by researchers such as Michael Tomasello, Catherine Snow, Elizabeth Bates, and Brian MacWhinney. One of the most important environments in language development is the home environment. Within the family unit, every child interacts with the parents and the other family members. An individual during the early stages of development is able to interact with his or her members of the family at home. According to the Nativist theories, a child is born with an innate propensity for language acquisition. This ability plays a very important role in language acquisition because it makes the task of first language learning in a child to be much easier. Because language is a fundamental part of a human being, then language acquisition becomes a natural part of maturation. The environment that a child experiences at home aims at ensuring that a child through language acquisition reaches maturity (Brian, p 18). Infants begin learning language at home. In addition, adults also continue to learn a language within the family environment. Infants communicate their dispositions, wants, and needs by using their vocal cries, bodies, and preverbal vocalizations. Children learn their first language from the caretakers and the parents they interact with at home. This means that parents, caretakers and other family members through interaction can assist a child to acquire a language. A comfortable and safe environment becomes very important for proper language development. When there are caring and warm relationships at home, then a healthy environment for a child to acquire language is present because a good home environment provides a child with proper environment for learning. On the other hand, a family that experiences conflicts and disagreements deny a child a good learning environment and this undermines the process of language development in the child. For example, the phonological and semantic developmental stages during a child’s language development relies on the environment at home (Ingram, p 75). A healthy home environment ensures that a child’s phonological and semantic developmental periods of language acquisition are not hindered. During the phonological development, a child is able to make speech sounds which are characterized by cooing, babbling, and repetitive constant-vowel combinations. A child depends on a good home environment to make the speech words and to get response from the family members. As the child develops, he or she can pronounce words and can master syllable stress patterns. The semantic development in language acquisition also requires a good home environment. For example, this stage makes a child listen to the mother’s voice, recognize familiar words, and show the use of preverbal gestures. Learning of vocabulary follows and by the time a child reaches between 6 to 10 years of age, they can use words precisely. A good home environment promotes adequate parent participation in language development. Language learning apart from the phonological and semantic stages also includes the grammatical and pragmatics development. In order for a child to undergo these developmental periods appropriately, parents or guardians and other family members should ensure that they provide a good learning environment for the child and to assist a child in language development. Providing support and engaging a child in activities that enhance language acquisition becomes possible in a good home environment. Children who lack a good home environment may experience poor language learning because the home environment affects the normal patterns of language acquisition. Furthermore, a child who fails to receive support from his or her family members may take longer to learn a language. Parent’s responsibility in child language development is well practiced in a good home environment, whereby the baby talk or â€Å"motherese† as a tool of early communication in children is strengthened in a healthy home environment (Pinker, p 52). Apart from the home environment, the school environment influences language development in an individual. A child spends most of his or her time in school when parents or caretakers are engaged in other activities. This makes it very important for the school environment to be favorable for a child during language development. Much of a child’s language development and learning occurs at school. When the school environment is favorable for learning in a child, then it impacts positively to language development. To begin with, a good school environment ensures that a child gets a good learning environment. At school, a child interacts with both the teacher and other classmates and just like parents, teachers are very important in language development. For example, research findings indicate that when parents and teachers speak to children using complex sentences, the children’s ability to comprehend complex sentences increases. Apart from comprehending complexity of language, individuals are able to learn language comprehension. A good school environment encourages a child to learn more about a language and apply the acquired knowledge to communicate. The phonological, semantic, grammatical and pragmatics developmental periods in language learning are influenced by the school environment. All these stages are witnessed in children between 6 and 10 years of age, and this makes it necessary for schools to assist the children to undergo the language learning process successfully. When the school environment is good for language learning, language development in a child becomes possible. Poor learning environment at school on the other hand impacts negatively on . language acquisition. For adults, learning institutions such as universities and colleges allows one to acquire more knowledge and skills in about a certain language. A positive language learning environment at school or other education institutions is due to a teacher’s great experience and knowledge. When the school environment cannot provide children or the learners with the necessary skills in language use, then language learning becomes poor in a child. In this case, interactions that enable children to acquire a language are not provided. At school, interactions and communication between children or students promotes language acquisition since it enables them to apply what they learn in class. Teachers offer assistance to the children as they learn how to pronounce and use words in a given language, and they are able to identify difficult areas in language acquisition. The teachers can then concentrate on teaching in these areas. An unfavorable learning environment at school may result from poor interactions, poor communication and lack of assistance from teachers or tutors. These impacts negatively on the process of language acquisition in individuals (Santrock, p 37). The social environment refers to the environment in the society in which an individual lives in. A social environment can either promote language development or impact negatively on the language acquisition process. A society allows a person to interact with other people whom they share with similar values and culture. Due to the common beliefs, values and traditions that the members of a society may share, interacting with each other promotes socialization which is a very important process in development. Language is used in this process. The social environment affects the cognitive ability of a child as well as the language learning process. The cognitive ability of an individual determines his or her reasoning capacity and intelligence level. An environment in the society that increases the cognitive ability of a person impacts positively on language development. For example, a good social environment increases the intellectual and verbal ability of a person. This makes it easy for one to learn the various aspects of language use (Pan and Snow, p 236). When other members of the society interact with a learner, they are able to enhance the language speaking skills. In addition, new vocabularies and words can be learned through the socialization process and language use is well learned when a person or learner is able to converse with other members of the society. An environment that encourages socialization and sharing of ideas promotes language development. On the other hand, a social environment where members of the society show a minimum level of interaction slows down the process of language acquisition. For instance, children learn different definitions of words by interacting with the members of a community and when an environment prevents this interaction, lack of knowledge and skills about a language undermines language acquisition. Many working parents are unable to spend most of their time with their children since they take their children to child care facilities. These facilities are meant to take care of the child while the parent is absent; hence the child ends up spending a lot of time in such facilities. There is need for parents therefore to realize that a child care facility can either hinder or promote language development in a child. When the child care environment is positive, then a child has the opportunity to develop a language appropriately (Kail, p 43). An environment that undermines language acquisition in a child acts as a setback to language development. Some of the factors that determine whether a child care environment is positive for a child’s language development include; the physical environment, the teacher’s experience and educational background, involvement of children in plays or games, and the presence of warm and caring relationships in the facility. Teachers who are able to listen, talk, and read to the children more often encourage language acquisition in a child. Good relationship in the child care facility prevents quarrels and conflicts that result to a poor learning environment, and a child care facility that introduces a child to real life experiences and to new words contributes positively to language development. For instance, a child care facility that offers learning, exciting and fun activities offers children a great opportunity to learn a language since it encourages a child to listen and speak about their experiences at the facility. Playing is very important for language development and a child care environment that support creative games and fun for the children promotes a child’s language development. Playtime of a child with other children benefits a child’s language environment and it emphasizes on the importance of friendship and sharing. Playing time promotes listening and talking in children, hence skills that are acquired can be used to promote language development. Conclusion Language development is very important for proper child development since it enables an individual to acquire skills and knowledge to communicate with the others. In child development, the first three years of development are very critical in language acquisition and the environment that surrounds an individual during the process of language learning affects language development. The home environment, school environment, social environment, and child care environment all affect language development in a child. It is therefore very important that parents participate in language development by ensuring that these environments impact positively on the language learning process of a child. Works Cited Barrett, Martyn. The Development of Language, London: Psychology Press, pp. 229–50, 1999 Berk, Laura. Child Development. 8th ed. United States of America: Pearson Education, Inc,2009 Brian, MacWhinney. The Emergence of Language. Lawrence Erlbaum Associates, 1999 Ingram, David. 1999. Phonological acquisition, in Barrett M, The Development of Language, London: Psychology Press, p. 73–97 Kail, Robert. Children and Their Development (4 ed. ). Prentice Hall, 2006 Pan, Barbara and Snow, Catherine. The development of conversational and discourse skills, in Barrett M, The Development of Language, London: Psychology Press, pp. 229–50 Pinker, Steven. The Language Instinct; How the Mind Creates Language. London: Allen Lane, 1994 Polinsky, Maria et al. The atlas of languages: the origin and development of languages throughout the world. New York, 2003 Santrock, John. A Topical Approach to Life-Span Development. New York, NY: McGraw- Hill, 2008

Saturday, October 26, 2019

The Outsiders :: essays research papers

The Outsiders Book Review The Outsiders was written by Susan Eloise Hinton. It is one of her most popular books about foolish gang rivalry existing between the Socs, the rich kids from the west side of town, and the Greasers, the poor kids from the east side. Ponyboy Curtis struggles growing up as a poor youth with his two brothers. One night while he is out with Johnny, Ponyboy is attacked by the Socs. Johnny ends up killing one of the Socs. They both flee from the scene before the news gets out. They are caught in a fire and Johnny and Ponyboy become heroes for saving some children. The story has a tragic end for Johnny but Ponyboy realises that he is fortunate, having family and friends that love him The main character in this book is a 14 year old boy named Ponyboy. He lives with his two older brothers, Darry and Sodapop, ever since his parents passed away. He and his brothers belong to a gang called the Greasers, who are from the wrong side of the railroad tracks. They all have long and "tuff" hair; their trademark is the amounts of oil that they put in their hair. They hate the Socs. The Socs have everything, they have great girls, great cars and they think they are superior so they always pick on the Greasers. The most interesting event was when Johnny and Ponyboy were trying to save the little children from the fire. There was a lot of action and showed the courage in the boys. This event marks what a true hero Johnny and Ponyboy are. The main themes are that you shouldn’t judge people by their appearances. Just because you are rich and belong to a tough gang does not mean you are cruel like the other gang members. You shouldn’t carry any harmful weapons and should not escape from the police.

Thursday, October 24, 2019

Voltaires Candide as Vehicle to Discredit Optimism Essay -- Candide e

Voltaire's Candide as Vehicle to Discredit Optimism   Ã‚   Optimism was an attractive to many because it answered a profound philosophical question: if God is omnipotent and benevolent, then why is there so much evil in the world? Optimism provides an easy way out: God has made everything for the best, and even though one might experience personal misfortune, God (via your misfortune) is still helping the greater good.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Voltaire's experiences led him to dismiss the idea that this is the best of all possible worlds. Examining the death and destruction, both man-made and natural (including the Lisbon earthquake) Voltaire concluded that everything was not for the best. Voltaire uses Candide as the vehicle to attack optimism. Pangloss is meant not to attack Leibnitz, but rather optimism as a philosophy. Thus the reader cannot forget that all of Pangloss's ramblings are not Voltaire's personal attacks on Leibnitz, but in some way represent a characterization of the "typical" optimist. Pangloss, writes Voltaire, "Proved admirably that there cannot possibly be an effect without a cause, and that in this best of all possible worlds the Baron's castle was the most beautiful of all castles and his wife the best of all possible baronesses" (Voltaire 2). Thus we have established Pangloss as the champion of optimism.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Yet just as quickly, Voltaire points out the absurdity of this doctrine. "Observe," says Pangloss, seeking to demonstrate that everything has a cause and effect, "noses were made to support spectacles, hence we have spectacles. Legs, as anyone can plainly see, were made to be breeched, and so we have breeches" (Voltaire 3). The sheer stupidity of these illogical conclusions will likely... ... Candide respond, in closing, to his friend the Optimist?    "That is very well put, said Candide, but we must cultivate our garden" (Voltaire 75).    Works Cited and Consulted: Bottiglia, William. "Candide's Garden." Voltaire: A Collection of Critical Essays. New Jersey: Prentice-Hall, Inc., 1968. Durant, Will, Ariel Durant. The Story of Civilization: Part IX: The Age of Voltaire. New York: Simon and Schuster, 1965. Frautschi, R.L. Barron's Simplified Approach to Voltaire: Candide. New York: Barron's Educational Series, Inc., 1968. Lowers, James K, ed. "Cliff Notes on Voltaire's Candide". Lincoln: Cliff Notes, Inc. 1995. Richter, Peyton. Voltaire. Boston: Twayne Publishers, 1980. Voltaire's Candide and the Critics. California: Wadsworth Publishing Company, Inc., 1996. Voltaire. Candide. New York: Viking Publishers, 1998.

Wednesday, October 23, 2019

Differrences between Invitation to treat and Proposal Essay

A proposal is made when a person is willing to enter into a legally binding contract. However, an invitation to treat is merely a supply of information (eg. an advertisement) to tempt a person into making a proposal. It is important to differentiate a proposal which will consequently lead to binding obligations on acceptance. On the other hand an â€Å"invitation to treat† is a mere suggestion of a readiness to deal or trade. In essence, an invitation to treat is a preliminary approach to others inviting them to make a proposal which can then be accepted or rejected. For example, if A said: â€Å"I want to sell you my Xbox 360 but I will not let it go for less than $300†, that is an invitation to treat. Even if B wanted to buy A’s Xbox for $300 he cannot be obliged to sell it to you for there is no official proposal in which to accept or reject. However if A said â€Å"I will sell you my Xbox 360 for $300†, that would constitute as a proposal. The invitation does not constitute a proposal, it is an invitation to engage in negotiations to form a contract, or an proposal to receive an proposal from another party (Willmott et al., 2005, p. 37). In Partridge v Crittenden, case law has established that advertisements and in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd auctions and displays of goods for sale are invitations to treat rather than proposals. However, in other types of transactions it can be hard to differentiate between the two. This is where the ‘objective test’ applies: it must be determined how a reasonable person would regard the situation. An invitation to treat may sometimes appear to be a proposal and the difference can sometimes be difficult to determine. The distinction is important because if one accepts an proposal, they have created a binding contract however if one accepts an invitation to treat then they will be making an proposal. The main difference betwe en an proposal and an invitation to treat is where an invitation to treat lacks the intention to be legally bound. The difference between an proposal and an invitation to treat lies solely in the promisor’s intentions. An proposal is a proposal in which all bargaining is resolved and the party who wishes to make the transaction is prepared to  make a legally binding contract with an individual who has equal bargaining power and has the capacity to responsibly accept. An example of a common proposal could include a phone contract, where all the terms and conditions have been made and acceptance is ready to occur with no further bargaining. In contrast, an invitation to treat is seen as â€Å"a request to negotiate or make an proposal with a contract in mind†[1]. An invitation to treat allows for further questions, statements and bargaining to me make during the negotiation process where the acceptance of such a request is not legally binding. Determining the difference between an invitation to treat and an proposal can be difficult as these two terms are similar and yet, legally, very different. An invitation to treat is not an proposal (Monahan and Carr-Gregg, 2007, pp. 6-7), but rather a request to negotiate with the intentions to enter into a contract. There is no legal obligation on the person who proposals an invitation to treat. Once there is an expression of willingness to be contractually bound on the stated terms (Australia Legal Dictionary, 2004, p.306) an proposal is said to have being made. However, where there is no intention to be bound by a contract, negotiations continue until the terms can be accepted and the parties contractually bound, should a party accept the invitation to treat then make an proposal and this is accepted, then there will be a legally binding contract. As shown in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1953) 1 QB 401 once a customer makes an propo sal to buy goods from the store; the owner can accept or reject the terms. For example, though a salesman may display an item in a store window it is not an proposal as the proposalor is not obliged to make the sale and can still alter the price or present terms or conditions as to the sale of the item. If the terms can be successfully negotiated then an agreement can be reached and the parties are contractually bound, however, if the proposalor refuses the proposalees proposal, then negotiations may or may not continue depending upon the intentions of both parties. The shop owner isn’t legally obliged to sell an item that is being advertised, even if the price was met by a customer, or if it was accompanied by a special proposal. This was easily seen in Fisher V. Bell [1961] 1 QB 394, where the shop owner displayed a flicknife for sale  but this sale was prohibited due to legislation. This also allows shop owners not to sell an item which was mistakenly priced at a very low amount. A particular form of invitation to treat that has come under scrutiny has been advertisements. In his judgement in Partridge v Crittenden, Lord Parker CJ said, ‘When one is dealing with advertisements†¦there is business sense in their being construed as invitations to treat and not proposals for sale.’ Although a layman may regard the listing of a price next to an item in a catalogue as an proposal, in legal terms this is generally an invitation to treat, or an invitation for the customer to proposal to purchase the item, which the store/salesman may then accept or reject. Similarly, information regarding a product is also regarded as an invitation to treat according to Gibson v Manchester City Council. The fundamental difference between an proposal and an invitation to treat is the intention of the proposalor, and while an advertisement, which is not targeting anyone in particular (but the world at large), can generally be deemed an invitation to treat, it is possible for it to be an proposal to the world at large. As stated many times already, an important factor is the intention of the person making the proposal and there are several factors to determine whether the advertisement is an invitation to treat or an proposal to the world at large. The terminology that is used, any limitations imposed on who could accept or any limitations on what was being proposaled are important factors. The need for invitations to treat is clear, because otherwise people may find themselves in contracts they cannot fulfil, possibly due to insufficient stock (Graw 2005). If an proposalor, however, limits the number of people who can accept, the problem wouldn’t occur and it makes it possible for the advertisement to be an proposal to the world at large. This is seen in the case of Lefkowitz v Great Minneapolis Surplus Store 86 NW 2d 689 (1957) in the USA. In this case the store placed a newspaper advertisement specifying â€Å"first in, first serve† for â€Å"3 brand new fur coats, at $1 each†. Mr Lefkowitz was one of the first three customers to try and buy a coat. He was told that it was only for women. He sued and won as the proposal was clear and definite, it wasn’t an invitation to treat but an proposal to sell.  Also, if an advertisement proposals something and limits supply (eg. â€Å"Until stock runs out†, â€Å"two per customer†) i t may be intended to fill all orders within the limitation and therefore it would be an proposal not an invitation to treat. An important case to consider when comparing the differences between an proposal and an invitation to treat is the case of Leonard v Pepsico 88 F.Supp.2d 116 (1999) during which a television advertisement was aired proposaling prizes that could be exchanged for specific amounts of product ‘points’ or the cash equivalent (i.e. 50 points for a hat and 75 for a t-shirt). At the end of the advert Pepsico proposaled a fighter plane for 700,000 points. John Leonard took the advert seriously and consequently earned the required points and sent his points away to pepsico for the plane. When denied his acceptance of what he took to be an proposal, Leonard proceeded to take legal action against Pepsico. Kimba M. Wood J held that; the advert displayed no terms nor conditions, adverts do not constitute an proposal and there was no proposal made for which the plaintiff could respond to. As the proposal was made in jest, the advert could not be taken to constitute a valid proposal and as such should be viewed merely as a invitation to treat. An important case to consider when comparing the differences between an proposal and an invitation to treat is the case of Leonard v Pepsico 88 F.Supp.2d 116 (1999) [7] during which a television advert was aired proposaling telling of prizes that could be exchanged for specific amounts of product ‘points’ or the cash equivalent (i.e. 50 points for a hat and 75 for a t-shirt). At the end of the advert Pepsico proposaled a fighter plane for 700,000 points. John Leonard took the advert seriously and consequently earned the required points and sent away for the plane. When denied his acceptance of what he took to be an proposal, Leonard proceeded to take action against Pepsico. Kimba M. Wood J held that; the advert displayed no terms nor conditions, adverts do not constitute an proposal and there was no proposal made for which the plaintiff could respond to. As the proposal was made in jest, the advert could not be taken to constitute a valid proposal and as such should be v iewed merely as a invitation to treat. An invitation to treat is distinguishable from an proposal in that; an proposal constitutes the first step of a contract and can be accepted along with consideration to form a contract. An invitation to treat is not an proposal but merely an invitation for the targeted audience to present their proposal, which may, or may not be accepted. A prime example of an invitation to treat is a catalogue. Catalogues often contain pictures, and words describing their products on sale and are advertised to a large number of people in a certain market who may be interested. Whereas an proposal would be targeted at an individual with certain terms and conditions, rather than at a large audience. It is important to establish that a catalogue is only an invitation to treat, otherwise a retailer could be in breach of contract if they exhaust all their supply of a product that has been proposaled in their catalogue. Businesses such as Supermarkets, travel agents and Car Companies often use the term â€Å"special proposal†, which can be mistaken to have the same meaning as the term â€Å"proposal† does in the legal sense. (Massey V Crown Life Insurance Co ). The courts recognise that people from non-law backgrounds, use the word â€Å"proposal† rather loosely and therefore are reluctant to rely on the use of the word, to gauge intention (Gooley et al., 2007, pp. 45-46). It is often an invitation to treat in the same sense as â€Å"display of goods†. Merely calling something an proposal does not make it one (Graw, S, 2005, pp. 48-49). The conditions and rationale under which a court differentiates an proposal from the ambiguous invitation to treat, is that an proposal is a readiness to be legally bound. In contrast, both parties within the invitation to treat remain at the negotiation stage. It is not until the invitation to treat has led to an proposal, which is then accepted, that a contract is formed. Promotional statements in advertisements are treated as invitations to treat or to be ‘outside the realm of contract law altogether as being mere â€Å"puffery† not intended to be legally binding’ (Davis, J, 2006). Another  issue that arises in clarifying an proposal from an invitation to treat is that when an proposalee submits an enquiry, it is difficult to determine whether or not the response can be interpreted as an actual proposal or simply a mere supply of information as seen in Harvey v Facey [1893] AC 552. The courts regard that the presentation of goods for sale in a shop signifies that the cashier is willing to treat, in spite of the price labelled on the item. Therefore, an proposal is only reached when the customer presents the goods to the cashier, which will either be accepted or declined. When examining cases in contract law, it is essential to understand the four elements of contract formation to be able to trace negotiations back to the very fine point that distinguishes an proposal from an invitation to treat. Auctions are a distinct method of sale where whether it is an proposal or invitation to treat can sometimes be ambiguous. If there is a reserve price for the item of sale, the auctioneer cannot sell the item unless the highest bid is higher than the reserve price. In this case the verbal enticement to bid made by the auctioneer towards a plausible purchaser can be considered akin to an invitation to treat. Each of the bids therefore can be regarded as an proposal which the auctioneer may or may not accept. The acceptance can be considered to have occurred when the hammer falls. Payne v. Cave (1789) 3 TR 148 is a good example in which the proposal was withdrawn before being accepted. In this instance the defendant made the highest bid for items for the plaintiffs but before the auctioneers hammer could fall, he withdrew the proposal. The court found the defendant was not contractually bound to purchase the item. His bid was considered to be an proposal, which was permitted to be withd rawn before the auctioneer had accepted. If the item in question has no reserve price, the highest bidder is usually considered to have made a contract with the auctioneer and therefore a rejection by the auctioneer would usually be considered a breach of contractual proposal. This was shown in the Court of Appeal in Barry v. Davies [2000] 1 WLR 1962. Differences between Cross-offer and Counter-offer Cross offer – When the offers made by two persons to each other containing  similar terms of bargain cross each other in post they are known as cross offers. For example, on 1st January A offers to sell his radio set to B for Rs. 500/- through a letter sent by post. On the same date B also writes to A making an offer to purchase A’s radio set for Rs. 500 /- When A or B send their letters they do not know about the offer which is being made by the other side. In these cross offers, even though both the parties intend the same bargain, there arises no could arise only if either A or B , after having the knowledge of the offer, had accepted the same. Counter Offer – A counter offer amounts to rejection of the original offer.Legal effect of counter contract. A contract offer:- (i) Rejection of original offer (ii) The original offer is lapsed(iii) A counter offer result is a new offer.For example -A offered to sell his pen to B for Rs.1,000. B replied, † I am ready to pay Rs.950.† On A’s refusal to sell at this price, B agreed to pay Rs.1,000. Held, there was not contract as the acceptance to buy it for Rs.950 was a counter offer, i.e. rejection of the offer of A. Subsequent acceptance to pay Rs.1,000 is a fresh offer from B to which A was not bound to give his acceptance.

Tuesday, October 22, 2019

The Importance of International Nursing Experiences

The Importance of International Nursing Experiences International Nursing Experiences are a great way to gain a deeper understanding and appreciation for the nursing field and how it’s applied in different cultures and environments and there is a strong need for nurses in underdeveloped countries so participating in such an experience fills an important void. While having a thorough understanding of medicine and its effect on the human body is importing in nursing, so is applying it to the wide variety of experiences that different people go through. It can be an enriching experience for anybody who partakes, in fact, research has shown that nurses who study abroad come back to their homes with increased confidence and great sense of cultural competence, so it is greatly beneficial to nurses of all levels who hope to improve their skills within the profession.Below are some of the many benefits to an international nursing experience.Understanding How One’s Environment Affects Their HealthTraveling internationally to volu nteer in hospitals or homes is arguably the best way to learn about how different environments affect our health and the quality of care available in less-developed areas.While nurses and patients in the western world have ample supply of basic human rights like access to clean water sources and sanitation equipment, those in less developed parts of the world are not always so fortunate. Creating that visual connection and shaking the hands of those who live in it can greatly enhance a person’s appreciation for the tools and experiences they typically have at home and their advantages in the health field.Additionally, as their understanding grows, and they are made aware of the conditions in which other people are living, they can better understand how to treat illnesses common to the area. For example, people who predominantly use wood burning stones might have difficulty with their respiratory health, and seeing that in person will assist nurses and encourage them to consid er these types of environmental factors when treating patients.Awareness of Region-Specific Health ConditionsAs touched on above, getting an honest, true look at the environments that others live in serves of great importance in understanding how some health conditions arise. Many diseases and illnesses are region-specific, and while it is possible to learn about them from home, it is much more effective to see them first hand.Nurses who travel frequently will end up with a much more extensive library of region-specific conditions and illnesses than one who doesn’t, and they’ll be better prepared to treat patients with those diseases given their first-hand experience. This is greatly tied to learning about region-specific medicines and natural-plant remedies used by the region’s residents.By meeting with local residents and learning about their cultures, nurses can gain valuable insight to effective natural remedies that thrive the region’s unique ecosyst em, and gain a better understanding of medicines and treatments that are already showing some promise.Cultural AwarenessThe diverse cultures of the world make streamlining medical treatments challenging for nurses, and even more so when they lack awareness of the differences between various cultures. Without a thorough understanding of a patient’s culture, nurses may not be able to fully or competently care for them.Some of the factors worth considering when discussing competent care include language and dietary preferences and even cultural beliefs. There may even be something physically different in some cultures genetic makeup which would be resistant to westernized pharmaceuticals, so an increased understanding in culture can go a long way in enhancing patient care. Through international nursing experiences, cultural appreciation is broadened and developed thereby creating more empathetic nurses with a better sense of judgement.Additionally, nursing abroad encourages nurs es to learn new languages which then bridges the communication gap and reduces the risk of improperly caring for a patient or offering them a treatment option that may be further destructive to their health.Sensitivity TrainingMany nurses feel more comfortable treating patients of the same culture because they’re more familiar with the types of communication they use and the level of care they are used to.By training nurses to better assess and evaluate treatment plans to meet the needs of people of all walks of life, they are able to better create their action plans for care.Many newly graduated nursing studies have said that they don’t feel prepared to meet multicultural demands after completing their formal education, so diving into an international nursing program is a great way to prepare them for the diverse patient group they will be caring for in the future.What Is Gained from an International Nursing ExperienceAside from getting the opportunity to get out of t heir comfort zones and exploring a new part of the world, international nursing experiences greatly assist in developing highly qualified, well informed nurses and encourages them to further develop their skills and learning.By the time a nurse has completed an international nursing experience, they will have a significantly greater understanding of new cultures, unfamiliar environments, and region-specific health conditions that they may have never been exposed to otherwise.These skills can serve to make any nurse a more effective health care worker, regardless of where they decide to call their home. And isn’t that really what all nurses strive for?Author bio:Jennifer Clarke is a financial adviser with more than 4 years of experience in the healthcare area. Besides her day-time job, she writes for Healthcaresalariesguide, a website created as an alternative resource for everyone who seek information on healthcare finances.

Monday, October 21, 2019

The Greatest Salesman essays

The Greatest Salesman essays 1. To start the book The Greatest Salesman in the World there is a man named Hafid who is the greatest salesman in the world. This novel takes place many years ago when there was a big trade of ginger, bread, grapes, fine linens, honey, carpets, oil and many other necessities. Hafid has made his fortune by selling all these products across the lands. Hafid is very old, his wife has died and has nothing to live for. Erasmus, Hafids chief bookkeeper has been this loyalty assistant for many years. Hafid has order Erasmus to sell all the products in the warehouses around the world. Also he commands Erasmus to give all the works triple wages for there years of work. At first Erasmus is a little resistant to do as his master says, but eventually does. Hafid also says give the managers of the warehouses an extra bonus. A when the products in the warehouses are sold off give all the profits to the poor people of the city. When Erasmus hears his masters command he asked many questions and that is when Hafid asks is this task to unpleasant for you? 2. Erasmus makes it known that he has no problem granting his masters wish. Hafid hugs his friend because he is always looking out from his best interest. Hafid tells Erasmus to transfer fifty thousand talents into his own account. Also asks for Erasmus to stay until he dies. After Erasmus agrees Hafid stays I will show you something that I have only shared with my beloved wife. Hafid takes Erasmus to highest floor in the house and then into a bedroom that no one has been in except for Hafid and his wife. Inside the big room is only a chest sitting in the middle on the floor. Inside the chest is ten ancient scrolls handed down for thousands of years on how to become the greatest salesman in the world. Hafid explains that only one who is generous like Erasmus can have the scrolls. 3. In this section of the book Hafid tells Eras...

Sunday, October 20, 2019

Team Conflict and Resolution in the Workplace

Team Conflict and Resolution in the Workplace Free Online Research Papers In today’s world individuals in the workplace are often asked to work in teams. Working in teams can be one of the best ways to find creative and innovative solutions to the complex issues of running a company. Often, teams are comprised of a variety of individuals with different cultural and emotional backgrounds. A team’s diversity can be one of its greatest assets, when understood and employed properly. However, what was intended to be a positive and, ultimately, a profitable team can be left â€Å"dead in the water† if the team is not able to communicate effectively. A solid understanding of a team’s different individual communication styles will lead to successful positive conflict resolution. People communicate in various ways. One individual in a group may use a bold direct way of communicating, while another individual in the same group may prefer a more subtle way of expressing ideas. It is important to understand that neither way is always wrong or better than the other. They are simply preferences of different individuals. Learning the communication preferences of the individual group members can be one of the most successful conflict resolution tools that a group can possess. According to Rahim, there are five different communication or conflict styles. (Gross Guerrero 2000) One style of communication is called Integrating Style. (Gross Guerrero, 2000)The individual with this style of communication faces conflict while engaging others in the resolution. For instance, this individual will try to find new and creative ways to solve a problem by making analytical statements or soliciting statements from other group members. Individuals with Integrating Style will try to find resolution to conflict by opening the lines of communication. This individual will also try to keep the team’s positive relationships intact for future group interactions. Often, people who use Integrating Style are thought of as facilitators of effective and cooperative resolutions to conflict. However, Integrating Style individuals may not be very effective when it comes to resolving production or organizational related goals. Dominating Style is another method that individuals use to communicate. (Gross Guerrero, 2000) Individuals who use this method of communication are usually very direct, aggressive and, uncooperative. Often, the individual who uses this communication style usually relies on his or her position of power to intimidate or force the desired behavior out of other team members. This style can be successful when it comes to meeting production related goals but this style is not normally very effective on a personal level. An individual who uses Dominating Style uses threats, accusations, presumptive remarks, and verbal dominance to achieve goals. Individuals who put other people’s needs before his or her own use a communication style called Obliging Style. (Gross Guerrero, 2000) Other group members often think of the individual who uses this style as very cooperative yet passive. This style is usually only effective when the individual using Obliging Style does not particularly care about the issue or conflict at hand. Obliging Style individuals usually â€Å"give in† before any major conflict arises. This method does not normally facilitate creative group collaboration. When a person uses Obliging Style he or she does not normally reach his or her individual goals, which could cause that individual to feel edgy or ignored. Another style that individuals use to communicate is called Avoiding Style. (Gross Guerrero, 2000) The individual who uses Avoiding Style withdraws either physically or emotionally from the conflict. Often, this individual will use variety of methods to avoid or deny the conflict, such as, making irrelevant remarks, jokes, changing the topic, or by being indirect. This communication method can be very frustrating to other members of the group who want to converse and discuss problems openly. Quite often, when individuals are not able to communicate their actions become increasingly withdrawn and cold. However, this interaction method can be very successful when it comes to conflict that cannot seem to be resolved to either party’s satisfaction and discussing the issue further only makes matters worse. The last communication style, according to Rahim, is called Compromising Style. (Gross Guerrero, 2000) Finding â€Å"middle ground† and offering quick, short-term solutions are typical behaviors for individuals with Compromising Style. Other group members often perceive the individual with this style as reasonably accommodating and direct. However, using Compromising Style usually means that most or some of the individual’s needs are met, but certainly, not all. Yet, compromise can be one of the best solutions to conflict when neither party can join forces in creating a solution that satisfies each of his or her needs. With an understanding of these various communication or conflict styles individuals can recognize the typical methods used by the different members of the team. Recognizing the different individual’s communication or conflict resolution styles leads to understanding and can also maximize the group’s problem-solving effectiveness. (Broome, DeTurk, Kristjansdottir, 2002) If the people within the group know what individuals are most likely to use particular styles of communication or conflict resolution, then, when conflicts arise it will easy to tell which individual within the team has the most appropriate method for that particular problem. Of course, each problem or conflict is different. Therefore, the most appropriate method of communication can be different depending on the problem at hand. For example, an individual with Dominating Style and an individual with Avoiding Style might not be the best team in terms of partnership and integration of ideas. While, an ind ividual with Compromising Style and an individual with Obliging Style are more likely to combine ideas and achieve the majority of the goals for each individual. Without an understanding of effective communication, teams are often unable to solve conflict, capitalize on individual team member’s communication strengths, or comprehend communication weaknesses. The various communication styles discussed can be an excellent tool for teams. The understanding of communication methods can help members within a group recognize their own tendencies as well as the inclinations of other team members. It is through a knowledge and understanding of positive communication that teams will have the ability to effectively resolve conflicts and, ultimately, be a successful team. References (2000). The Eight â€Å"Cs† of Good Communications. The Canadian Manager, Volume 25, Issue 3. Retrieved on October 29, 2006, from ProQuest database. Broome, J., DeKurk, Sara., Kristjansdottir, Erla S., Kanata, Tami., Ganesan, Puvana. (2002). Giving Voice to Diversity: An Interactive Approach to Conflict Management Decision-Making in Culturally Diverse Work Environments. Journal of Business Management, Volume 25, Issue 3. Retrieved on October 29, 2006, from ProQuest database. Gross, Michael A., Guerrero, Laura K., (2000). Managing Conflict Appropriately Effectively: An Application of the Competence Model to Rahim’s Organizational Conflict Styles. International Journal of Conflict Management, Volume 11, Issue 3. Retrieved on October 29, 2006, from ProQuest database. Temme, Jim., Katzel, Jeanine. (1995) Calling a Team a Team Doesn’t Mean That it is: Successful Teamwork Must be a way of Life. Plant Engineering, Volume 49, Number 1. Research Papers on Team Conflict and Resolution in the WorkplaceThree Concepts of PsychodynamicAnalysis Of A Cosmetics AdvertisementResearch Process Part OneThe Relationship Between Delinquency and Drug UseAnalysis of Ebay Expanding into AsiaThe Project Managment Office SystemHip-Hop is ArtComparison: Letter from Birmingham and CritoRelationship between Media Coverage and Social andBionic Assembly System: A New Concept of Self

Saturday, October 19, 2019

Leadership Development Paper Essay Example | Topics and Well Written Essays - 1500 words

Leadership Development Paper - Essay Example After all, the ideal score for MA should be within the range of 2.5 to 3.5. The ideal score for TA should be equal to 4.0 to 4.5. On the other hand, the idea score for MP and PA should be less than 2.5 and 2.0, respectively. This means that the sub-averages at some point and in general have failed to reach the ideal limit required for the ideal scores. Based on Figure 2, my scores are not actually far from the others. However, it is remarkably obvious that I almost follow the same pattern with Sub#3. We both have higher scores when it comes to MP and PA, which is quite the reverse case of Sub#1 and Sub#2. In order to define my consistency across others, it is important to include the ideal scores in the actual comparison. As noticed in Figure 3, it follows that I might have become one of the other samples with remarkable pattern when it comes to the actual result and the standing with reference to the ideal scores. I remarkably have closer resemblance of my result to Sub#3, whereas, Sub#1 and Sub#2 have closer consistency with the ideal scores somewhere in MA, MP and PA. However, when it comes to II, IM, IS, IC, and TA, I have the same consistency with others because of my scores on these factors that are somewhere at least one unit below the limit, like any of the other samples. Based on the illustrations shown from Figures 1, 2 and 3, I can say that I got higher scores in MP and PA, which are higher than the ideal scores. For this reason, among the important weaknesses that I may have to work on in my leadership is the thing about being too passive. I scored higher in passive leadership, which means that I have to improve my ability to become more active, or at some point, eliminate the possibility of being too passive. On the other hand, my important strength lies on the point that I am somewhere good to become inspirational motivator, because of the strong association to ignite influence, intellectual stimulation and so

Friday, October 18, 2019

Discuss the impact of the Broken Window Theory and how it directly Essay

Discuss the impact of the Broken Window Theory and how it directly impacts the Criminal Justice System today - Essay Example This theory was proposed by George Kelling and James Wilson. It suggests that a subset of society or society that seems and appears to be lawless may ultimately breed lawlessness (Kelling and Coles 11). It is a criminological theory of the signaling effect and norm setting of urban vandalism and disorder on additional anti-social behavior and criminal activities. The theory holds that maintaining and monitoring urban environments in a condition that is well ordered can further stop escalation of minor and serious crime (Lilly, Cullen, and Richard 9). This paper will discuss the impact of the Broken Window Theory and how it has directly impacted on the Criminal Justice System in modern times. Since the Broken Window Theory was introduced by James Wilson and George Kelling in 1982, it has been a subject of huge public debate within the public sphere and in the social sciences. As a result, it has been used as a methodology and motivation for various reforms in the criminal justice system (Keizer 1681). In explaining the theory, Wilson and Kelling use the example of a building that has a broken window which remains unrepaired. The theory argues that crime is not caused by broken down neighborhoods, necessarily, but they become magnets for delinquent behavior and crime because of their disorganization. Residents may tend to become slacker in their civility and delinquents and criminals may then be drawn to lawlessness areas. The theory explains that the state of the urban environment may affect crime and delinquency due to the following three factors: signal crime and social signaling; the lack or presence of routine monitoring; and conformity and social norms (Sampson 320) . Under this theory, a clean and ordered environment and one which is maintained signals that the area is well-monitored and delinquent and criminal behavior is not tolerated. On the contrary,

Bribery and corruption in the public sector Essay

Bribery and corruption in the public sector - Essay Example These are regulations and authorizations, taxation, and spending decisions. On the whole, Mauro explained that when these direct factors are in place, people simply try to forego them as a way of fulfilling their personal gains. By so doing, they are caught in the web of bribery and corruption. A typical example of this is some who engages in bribery or other corrupt means to get a passport, a shop opened or tax invaded. Examples of indirect factors include the level of public sector wages and penalty systems. Explaining further, Pope (2000) postulated that in countries such as Sweden where pay levels are high, corrupt practices are hardly likely to happen. Tzong-Shiang and Xu also argued that passed on the classical model of crime prevention, corruption is most likely to occur when the penalty for bribery and corruption cannot be seen to be more deterring than what a person gets from indulging in the acts. Impact of supply-side and demand led corruption Like every other economic tra nsaction, corruption is also said to have a supply side and a demand side. The supply side of bribery and corruption generally refers to the favor seeker who is willing to buy money or a gift to change the normal course at which public activities and transactions must be performed. The supply side, on the other hand, refers to the public official who willingly takes a bribe or engages in the corrupt act as an abuse of power vested in him or her to offer contracts, issue license or allocate any form of a scare resource.

Thursday, October 17, 2019

Rethinking Performance Management Essay Example | Topics and Well Written Essays - 3000 words

Rethinking Performance Management - Essay Example Behavioral pattern of the suppliers and the clients and concentration in the supply makes entrepreneurs more competitive in the global market. In the market where the customers are diverse, a different approach to the market may be of great benefit to entrepreneur in a new market (Keillor 2011). The trends of innovating products and services in a particular environment have been used by multinational companies in their new products. Taking for instance the travel business in the United States, the business involves serving both the natives and the international visitors. Globalization and liberalization of economies have allowed companies to invent new ideas suitable for the developing markets. Globalization has pressurized companies to continue innovating new ideas of conducting businesses. Though much innovation has been witnessed in the global market, entrepreneurs have found it harder to penetrate the market to ever changing business environment and competition (Griffin 2005). There is more opportunity for growth due to innovation and completion in the global market. Entrepreneurs in the global markets seem to prefer working centrally and doing business from a central position. However Companies benefit international market therefore centralization of business no longer applies in the global markets (Keillor 2011). ... This continuous process entails measurement, appraisal, monitoring, controlling, rewarding and feedback processes (Gary, 2011). Organisational goals are achieved through strategic plans, which are further executed and controlled through effective performance management systems that are applicable for managing performance of the employees, organisational systems and processes. in an ideal state, performance management system is highly beneficial for the company in terms of improving employee motivation and self-esteem; in gaining better understanding of the employees’ abilities and attitudes; achieving better job role and goal clarity; creating appropriate administrative actions; improving employees’ competencies on a continuous basis; better adherence to regulations; introducing better timely interventions to performance improvement; better execution of organisational changes; and in achieving better and predictable growth for the company (Aguinis, 2009). However, Crawf ord’s (2006) article critiques performance management system as a whole by highlighting that performance management related studies indicate otherwise and regard it as a flawed system because the findings from these studies show that despite managing performance, 96% organisations still experience poor performance; very few performance management systems have been proved to be effective; organisations continue to experience huge losses due to poor performance. Crawford (2006) highlighted three main reasons for the failure of performance management: firstly, the notion that performance can be managed is a myth; secondly, performance management has become more of a mechanically driven process without accounting for human factor involvement; thirdly, managers

Effects of package warnings on the demand of tobacco Thesis Proposal

Effects of package warnings on the demand of tobacco - Thesis Proposal Example the costs to society are directly linked to the number of individuals that smoke, broad based movements towards decreasing smoking and seeking to break nicotine and/or tobacco dependence have been sought after. Necessarily, these stake holders have come to recognize that decreasing the demand for tobacco products has a direct level of impact on the negative effects that tobacco can cause within society as a whole. Not surprisingly, one the ways to decrease smoking and tobacco usage has been to utilize especially horrific warnings and direct representations of harm that such behavior can cause; invariably on the product itself. Ultimately, the research that has thus far been conducted, within such articles as â€Å"Liability of Cigarette Manufacturers for Lung Cancer: An Analysis of the Federal Cigarette Labeling and Advertising Act†, has indicated that these warning labels have not had the desired effect with respect to decreasing smoking and tobacco usage (Thornton, 2007). As a function of seeking to understand this topic to a more full and complete degree, the following research will be concentric upon researching two groups, a control and a test group. The control will of course not be influenced by warnings and packaging as a function of tobacco legislation or government intrusion into consumer markets. However, the test group will have been exposed to such warnings and the researcher will seek to draw inference based upon how these groups score with respect to the overall rates of quitting tobacco products that they exhibit (Green, 2006). Ultimately, a noted difficulty within such a methodology is consistent with the fact that the test group and the control group will not be drawn from the same society or even nationality; due to the fact that legislative requirements for cigarette labeling and warnings do not exist in certain places of the globe. However, the alternative to such a research design would be to reach back in history and seek to meas ure

Wednesday, October 16, 2019

Rethinking Performance Management Essay Example | Topics and Well Written Essays - 3000 words

Rethinking Performance Management - Essay Example Behavioral pattern of the suppliers and the clients and concentration in the supply makes entrepreneurs more competitive in the global market. In the market where the customers are diverse, a different approach to the market may be of great benefit to entrepreneur in a new market (Keillor 2011). The trends of innovating products and services in a particular environment have been used by multinational companies in their new products. Taking for instance the travel business in the United States, the business involves serving both the natives and the international visitors. Globalization and liberalization of economies have allowed companies to invent new ideas suitable for the developing markets. Globalization has pressurized companies to continue innovating new ideas of conducting businesses. Though much innovation has been witnessed in the global market, entrepreneurs have found it harder to penetrate the market to ever changing business environment and competition (Griffin 2005). There is more opportunity for growth due to innovation and completion in the global market. Entrepreneurs in the global markets seem to prefer working centrally and doing business from a central position. However Companies benefit international market therefore centralization of business no longer applies in the global markets (Keillor 2011). ... This continuous process entails measurement, appraisal, monitoring, controlling, rewarding and feedback processes (Gary, 2011). Organisational goals are achieved through strategic plans, which are further executed and controlled through effective performance management systems that are applicable for managing performance of the employees, organisational systems and processes. in an ideal state, performance management system is highly beneficial for the company in terms of improving employee motivation and self-esteem; in gaining better understanding of the employees’ abilities and attitudes; achieving better job role and goal clarity; creating appropriate administrative actions; improving employees’ competencies on a continuous basis; better adherence to regulations; introducing better timely interventions to performance improvement; better execution of organisational changes; and in achieving better and predictable growth for the company (Aguinis, 2009). However, Crawf ord’s (2006) article critiques performance management system as a whole by highlighting that performance management related studies indicate otherwise and regard it as a flawed system because the findings from these studies show that despite managing performance, 96% organisations still experience poor performance; very few performance management systems have been proved to be effective; organisations continue to experience huge losses due to poor performance. Crawford (2006) highlighted three main reasons for the failure of performance management: firstly, the notion that performance can be managed is a myth; secondly, performance management has become more of a mechanically driven process without accounting for human factor involvement; thirdly, managers

Tuesday, October 15, 2019

The Significance of Womens Organizations Group Activities in Essay

The Significance of Womens Organizations Group Activities in Relationship to Their Opposition to the War in Vietnam - Essay Example As well women worked in the war as journalists, flight attendants, and in various church and humanitarian organizations, and the significance of these activities in relationship to the women's opposition and reaction to the war in Vietnam is an issue which is of incredible importance. The aim of this paper is to not only discuss the different organizations and group activities that women were involved in during the Vietnam War but as well the significance of their participation with them overall considering how against the war most women actually were. By doing this, we will be able to come to a much more informed and knowledgeable understanding on the subject matter at hand overall. This is what will be dissertated in the following. The history of women and war is one which has basically been forgotten in comparison to that of man's, however it is important to realize that women have actually always played a part, and in fact, "Between 1962 and 1973, according to Department of Defense statistics, approximately 7,500 women served on active military duty in Vietnam. The Veteran's Administration puts the numbers even higher, at around 11,000. Independent surveys estimate that the number of women, both civilian and non-civilian, working in Vietnam during the war is between 33,000 and 55,000" (Carlson, 2007). However, despite these incredibly large and notable numbers of women in the military, they have had a long and hard road in regards to gaining even remote equality. One of the most notorious organizations that women worked for during the Vietnam War was the Red Cross Organization, and the Red Cross basically maintained three particular and different programs during the Vietnam conflict which were: Service to Military Hospitals (SMH), Service to Military Institutions (SMI), and Supplemental Recreation Activities Overseas (SRAO). "SMH provided recreational and casework services to service personnel who were hospitalized and casework services for service personnel who were employed in military hospitals. Women employed in SMI provided primarily clerical services with some individual assistance for obtaining loans if personnel had to return home for a family emergency. SMH and SMI functioned both in the United States and in foreign countries and both in peace and in war. The Red Cross program which was eventually entitled Supplemental Recreation Activities Overseas (SRAO) originated in World War II specifically to employ civilian women who wished t o make a contribution to the country during periods of war" (Firestone & Robinson, 1996). When it comes to the issue of the reaction that was felt by women towards the Vietnam War, there are many issues that need to be taken into consideration here as well. In comparison to the percentage of men against the Vietnam War, there were almost double the amount of women who felt negatively towards it, however at the same time the war presented many opportunities for women, and so while they still felt disapprovingly towards the war, there were still then obviously reasons that they also were rather positive towards it, as they were benefitting in different

Gambling on College Sports Essay Example for Free

Gambling on College Sports Essay Gambling on College Sports BY jawz03 Segment 3 Essay November 7, 2012 What Are the Effects of Legal vs. Illegal Gambling on College Sports? IVe been a sports fanatic since the day I was born. It didnt matter if I was playing or watching or cheering, I Just loved being around the game. I have always been very knowledgeable about it too, as I was well known and titled by extended family as the stat man. This of course referred to the often times erroneous and useless facts rattling around in my brain that I couldnt help but show off. Needless to say, this topic means a lot to me, especially being a college football player myself. I couldnt pass up this opportunity to dig deeper into a topic that has lingered in our country for years. The issues that pertain to gambling on college athletics have a vast range of opinions that stem from the questions; should gambling on college athletics be legal? What are the effects it has on the college athletes? Some argue that it will be detrimental to the game and some argue it has little to no effect, however most land somewhere in the middle. A common Justification against gambling brings up the numerous scandals of players taking illegal benefits or point shaving and in extreme ases these events leading to Jail or death. This side also argues that it allows players to get mixed up with the wrong crowd and put themselves in danger. Arguments for gambling site the economic reach it has in our country and the illegality will shrink the economy as well as not protect the players any more. Many people on this side think it will not be stopped so if gambling on college sports is illegalized, then every form of it will be illegal causing more trouble. My goal is to reveal those opinions and create a more complex understanding from various viewpoints, and hopefully bring a mall degree of clarification to others and myself. In the article, Even at Columbia, Gambling And College Athletics Collide found in the New York Times, Jack Curry and Adam Gershenson enlighten the readers about the gambling infractions that occurred in a Columbia University fraternity house. The authors begin by describing the situation and basic details of the gambling process. (They) would accept bets on sporting events from dozens of other students and then phone in the wagers typically from $40 to $200 each to a gambling ring based in Queens and operated by people with links to organized crime (Curry and Gershenson). They go on to unravel the situation further by stating that there were not only college athletes betting on the games, but even current and former players living in the house that was tirelessly on the phone collecting wagers. Curry and Gershens on then discuss the further investigations done by Columbia and the NCAA and the possible disciplinary action that the offenders can face. The authors then write about the numerous amounts of sports gambling incidents in the last decade and also how students and athletes looked upon the Columbia gambling scandal with lesser importance because of the lack of athletic excellence. The presence of a ambling operation with connections to organized crime at a school whose football team is best known tor a 44-game losing streak in the 1980s seemed incongruous (Curry and Gershenson). An athlete was also quoted saying, Its not like this is Arkansas or something. This is Columbia. Curry and Gershenson conclude their article by including a nationwide 1996 survey of college Division one athletes that reveals 25 percent gambled on other college sports and four percent admitted to gambling on games they had played in. I believe this is an article with good overall quality, even though it was written about 14 years ago in 1998. The time period constraint may lead to questions of relevance to readers in 2012. However, I think if you t ake all the dates and years out of the article, the purpose is still fulfilled and relays the same messages. The intent of the article was to inform about the events of the Columbia gambling ring, the reaction around campus, and the nationwide relevance. The authors Jack Curry and Adam Gershenson, are fairly unknown writers as far as I am concerned but that doesnt take away from the quality of the article because it was included in The New York Times, which only adds credibility. For this reason, there would be a nationwide udience because of the shear number of readers. Specifically, the audience would probably be more of the businessman or woman, who are the stereotypical readers of The New York Times. The exigence of this piece was the arrest of gambling ring participants at Columbia but also the fact that these types of gambling scandals had been becoming more and more common in that time period. This was a very eye-opening article for me to read and by far the longest and most in depth. Since it was written 14 years ago, it is a story that I was previously unaware of. It made me even more aware then I already was, of how long this problem has ingered in college sports. It mentioned, more then once, that there are bookies on every campus in America. This really made me think about how unbelievable the number of illegal bets being placed by college students and athletes must be. However, even though this article is depicting the illegal gambling as a bad thing, I think it unintentionally makes arguments for both sides of the issue. If gambling on college sports were acceptable, this would have been a legal act. Hypothetically if it were legal, it would cut down on crime like this, which is usually linked to people with other criminal activity going on. Disconnecting the link to other criminal activity would make it all around safer for bookies and bet placers and athletes, because frankly, I think that people will never stop gambling on sporting events. I had always just assumed that gambling on college sports should be illegal, but this article made me reconsider whether that would really be the smartest and safest resolution. In the article NCAA threatens to move events out of New Jersey from Sportslllustrated. com, the unnamed author introduces the proposed plan to legalize sports gambling in New Jersey as well as reaction from sports organizations ationwide. The writer kicks off the article by stating background information about New Jerseys push to legalize sports wagering. The article then goes on to describe the reaction from sports organizations, and goes in depth on the quotes from NCAA officials as well as their threats to move all playoff games out of New Jersey. It is also mentioned that The NCAA, NFL, NBA, NHL, and MLB have collectively sued to block New Jerseys sports betting law from taking effect. However, there is also information and quotes from parties that are for the sports betting law. Quotes from State senator Raymond Lesniak and rnor Chris Christie demonstrate their support tor the new law. The article is concluded with talk of several new gambling options New Jersey is seeking to offer (NCAA Threatens). The author writes that these other options include in-state Internet gambling and the use of hand-held mobile gambling devices at the casinos as well as at horse tracks. I thought this article was fairly credible and factual as well. It did not have an author to add to credibility but being a Sports Illustrated article maintained its effectiveness. I believe this piece was intended to inform the audience of residents of New Jersey as well as pretty involved sports fans. People who would read Sports Illustrated would obviously Just be in it for the sports because that is the only information it obtains. This also acts as a constraint. The article cannot reach as much of the population because not everyone is a sports fan. The event that triggered this response was the attempt to make sports gambling legal in the state of New Jersey. My understanding of gambling in college sports was drastically upgraded by reading this article. It was an informative piece, so there was very little, if any, bias in the writing. The inclusion of statistics and legality of the topic really helped me understand why the sports organizations are hoping that the law will not pass. The shear amounts of money changing hands can lead to a lot of trouble, however for the same reason, legalizing that money could really boost economic growth. These types of pros and cons exist on both sides, making it an even tougher issue to sort out. My next source comes from a script from the testimony of Danny Sheridan before the Senate Commerce Committee on April 26, 2001. The testimony was for a hearing for the Amateur Sports Integrity Act (S. 18), which would determine the legality of gambling on college athletics. The first part of the testimony consists of Sheridan validating why his testimony should be considered by sharing his credibility and involvement in athletics. My name is Danny Sheridan, and I have been involved with sports and the sportsopromotion business for more than 25 years. I have published college and pro footballomagazines, written about sports in a variety of national publications, and have been theohost of a number of sports TV and radio shows Sheridan proclaims. Sheridan goes on to explain how he is also a friend of many high rofile athletes and he knows first hand the dangers that athletic gambling has on athletes. Sheridan also includes many statistics in his argument. An estimated 40 million Americans currently wager $6 billion illegally every weekend during the entire 20-week college and pro football season alone (Sheridan). The testimony is concluded by Sheridan stating that he appreciates the good intentions of trying to legalize gambling, but it would instead, result in negative effects. The rhetor, Danny Sheridan, is a very well known sports industrial component, which gives his testimony (and therefore my source) credibility. He presented this to the Senate Commerce Committee in hopes to persuade them to vote against legalization of gambling on sports. The fact that this is a testimony, instead of a highly publicized article restricts the extent his message. I found the script on his website, however it isnt an often visited site by the common Internet user, so the audience is a big constraint for this text. I found this testimony to be a great source for this project. It was interesting to read a text that wasnt Just a traditional article. My understanding tor the anti gambling side grew significantly, because it was so biased. The speaker does a great ob making his argument come full circle. For that reason, I came away from reading it with a slight lean towards supporting keeping gambling on sports illegal. Another interesting aspect is that this testimony was given in 2001. My previous source, about the gambling law in New Jersey, is a current issue, and the arguments made by Sheridan could simply be restated now with the same effects. It is astounding to see how such little progress has been made through the years. In the article Study Provides New Data on the Extent of Gambling by College Athletes, from netfiles. edu, Welch Suggs dissects a study done to determine the facts bout college athletes that gamble on sports. Suggs begins by introducing the parameters of the University of Michigan study that was released by the athletic department. The study, based on a survey of 758 football and basketball players, found that 72 percent of college football and basketball players had bet money at least once since entering college (Suggs). The author goes on to give further statistics that the survey revealed. Welch Suggs concludes the article with opposing viewpoint quotes from NCAA employee William Saum, and former NFL player Lynn Swann. Suggs last statement included next shifting attention to basketball referees o gain information about their gambling experiences. This was a questionable source to say the least. It had some solid content but the article opened as a PDF and my research failed to try and find the original homepage of the website. Likewise, the author was a mystery man as well. This text was very brief, but I believe the purpose was to inform about the findings of the survey revealed by the University of Michigan athletic department. However, the audience is hard to determine because of the unknown author and questionable website. If I were to pick an audience though, I would say it was intended for the adult college ports athlete because of the language and the inclusion of quotes from Lynn Swann. This text also has massive constraints, mainly for the same reasons as stated before. The website is random and in an odd format, therefore finding Suggs piece would be difficult to come across. The audience is extremely limited because of this, and the credibility suffers as well. Also, it did not include dates it the article, so the exigence of the piece suffers because the provoking event of the writing cannot be identified. The facts that are stated in this article hold strong relevance for this topic. It is more of an anti gambling article based on the information it presents, but it also gives a quote of the opposite viewpoint. Numbers dont lie, and the numbers from the study are very eye opening and convincing. It makes me think about how much gambling affects the games we love, without us even knowing. Since all the surveys were anonymous, nothing will develop in terms of punishment or solutions to the problem. In this sense, the article does a great Job persuading the reader. However, nowhere in the article did it give a date of the information or of when the article was ritten, so it is hard to put it in context and determine the importance. This, along with the briefness of the article, made it more difficult to shape my thinking about the topic. After analyzing the four sources included in this essay, I have yet to come to a concrete conclusion. I began researching the topic with the idea that gambling on college sports should be illegal and that all the ettects ot illegal gambling are bad. However, my research has muddied my view a little bit, which is actually a good thing because now I am informed more then I even have been. Being informed in such a ay makes me understand how this predicament has been able to linger around in our society and in our legal system for so long.

Monday, October 14, 2019

Situation Analysis For The Nestle Corporation Marketing Essay

Situation Analysis For The Nestle Corporation Marketing Essay In this report itll help to understand the concept and process of marketing, how to use the segmentation, targeting and positioning and understand the individual elements of the extended marketing mix and how to use marketing mix in different contexts. In learning outcome 01, were introducing a new product to the market. In that student is expected to understand and apply marketing planning process to launch the new product. And in this task student must do a presentation to launch the new product to the market. In learning outcome 02, student must do a situation analysis for the organization selected and select target market for the new product and propose a positioning strategy for the new product. In learning outcome 03 students is able to design and recommend the appropriate marketing mix for the new product and in that student is able to design product features, pricing the product, and explain the channels of distributing for the new product. And finally in learning outcome 04 students must discuss the alternative segments to the product and suggest possible market growth options t o the new product. Introduction This report is about the concepts and principles in marketing process. We can use this marketing concepts and principles to introduce a new product to the market. By introducing a new product to the market, organization is able to using the planning process to launch th new product. In this report Nestle Corporation is introducing a new healthy milk powder to the market and they were doing situation analysis to the organization and positioning strategy to the product. Nestle corporation is design good product features, brand name, new distributing ways and pricing the product. Finally they doing some market growth to the product using Ansoffs Matrix. By reading this report reader can have a clear knowledge about marketing concepts and how to use these concepts to a new product. L01 Launching New Product To The Market. L02 Situation Analysis For the Nestle Corporation Marketing Environment The marketing environment surrounds and impacts upon the organization. Internal Environment The Micro Environment The Macro Environment. The Micro Environment Competitors Employees Pressure groups Intermediaries Micro Environment Local residence Customers Financiers Suppliers Owners The Macro Environment SWOT Analysis (http://www.scribd.com/doc/30768475/Swot-analysis-Nestle-Company, 2012) Strengths:- Brand strengths Nestle has very strong brand name and its easy to distribute among the customers. Production innovation The Company has been continuously introducing new products to the market. Research and Development Nestle has worldwide networks of centers 17 locations in four continents. An international staff of 3500 engaged in search for innovative new products and remotivate exist ones. Market Share High level of market share and that people all over the world trust and recognize Nestle as a big brand name. Low Cost They are low cost operators which allow them to not only to beat competition but also edging ahead operating excellence, innovation, renovation, product availability and communication is major strengths. Weakness:- Mature market One major weakness in Nestle is that it is entering into markets that are already major and can give a tough competition to new entrance. Exports Supply Chain The Company has a complex supply chain management. Opportunities:- Expansion potential to expand smaller towns and other smaller geographies, which is parents are famed for like breakfast cereals, smarties chocolates, carnation, etc. Product offering the company has the option to expand its product folio by introducing more products. Global hub since manufacturing some products is cheaper in ASIA than in any other continent. Threats:- Competition Competition from the organized and unorganized sectors. Changing consumer trends increase consumer spending on consumer durable resulting in lower spending on FMCG products. ( fast moving consumer goods ). International marketing standards Sectoral woes rising prices of raw material and fuels and increasing packaging and manufacturing costs. PEST Analysis for Nestle Corporation It is very important that an organization consider its environment before beginning the marketing process. Political Environment:- Nestle is a good political partner in politics. They were donating money for the president candidates in presidential election. Nestle corporation support many programmers and projects essential services and social services. Ex: supporting the tackling the world water crisis project. The government increasing the prices of essential goods and itll affect to the organization and the new product. By the time government change and the policies also get changed, itll affect to the customers behavior and to the company also. Economic environment:- Nestle corporation is a strong brand among the consumers and having a good business cycle in the market. Increasing of interest rate will affect to the customer behavior and itll affect to the company. Income distribution affect to the organization because when income distribution doesnt happened equally customer behavior get changed. The crisis of the world economic prices affect to the country and itll affect to the customers and to the organization. The plentiful in Social Environment:- Family background and their culture will cause to their behavior in buying products, and itll cause to the organization. Customers education level also affect to the organization, because if they dont understand about the product well, they never going to buy it. Customers beliefs, culture, and religion will cause to what they going to buy? Because it get changed customer by customer. The trend of the society will affect on customers behavior, and itll affect to the organization. Technology Environment:- Organization can incorporate the latest technology to their operations. Organization architecture and design has been the evolution of the information technology. The use of technology can build good relationship with suppliers and customers. Technology will cause to increase of the organization and they can improve their sales. Segmentation Criteria Market segmentation is the division of a market into different homogenous groups of customers. Market segmentation is depending on the specific characteristics of the product. These criteria can be divided by such as age and gender, or other distinction such as location and income. Segmenting Consumer Market for Nestle For the newly introduced Strawberry Flavor Sustagen in Nestle corporation, our company using the demographic criteria for the segmentation. Demographic segmentation consist of dividing the market into groups based on such as age, gender, family size, income, occupation, education, religion, race and nationality. In here Nestle corporation use age, gender and income as the demographic criterias for the Strawberry Flavor Sustagen. This product is a low-fat milk powder. Our company targeting the young adults and adults as the target market for the Strawberry Flavor Sustagen, because young adults and adults are using Sustagen mostly in the market and this product is a low-fat milk powder. Strawberry Flavor Sustagen can use both males and females. And Nestle Corporation targeting the consumers below 8000 income, because this product will not highly cost. In this case many customers will attract to this new innovative Strawberry Flavor Sustagen. Positioning Strategy Positioning is a concept in marketing which firstly introduced by Jack Trout. A company, a product or a brand must have positioning concept in order to survive in the market. If you dont position your business your competitor will not let you to survive in the Market. Nestlà © Corporation is chosen the Product Positioning as the Positioning Strategy for the New Strawberry Flavor Sustagen. In the market, there is various kind of healthy milk powder brands that compete with the Strawberry Flavor Sustagen, but nestle will survive as always in the market because Nestle is a good, strong brand name in the market. In this newly introduce product therere various dimensions. This Sustagen is highly possessed of good qualities and its really good for the health and itll helpful for reduce the fat. Most of diabetics patients are young adults and adults, because of that we target the young adults and the adults to the new product. Nestle corporation is going to introduce this product to the supermarkets and were give a free chance to our customers to have an experience with our newly introduced product. By this we can attract more customers to our product. Our company going to introduce this new product to the people in rural area also. Because theres plenty of people in rural areas that have the capability to buy this kind of a product. L03 Design and Recommend the Marketing Mix What is a product? Product is anything that is capable for satisfying customer needs. Features are characteristics of a product that offer benefits to the customerà ¢Ã¢â€š ¬Ã‚ ¦. Product Features and Developing the Brand Name Nestle Corporation introduced The Strawberry Flavor Sustagen is not like normal old type of Sustagen. Its fully tasted with strawberry flavor and extra with mint. Sustagen is a world famous milk powder, which has customers all around the world. People all around the world know about the Sustagen and they tasted Sustagen. as a product its really easy to develop because it has a strong brand name. Nestle Corporation introduced this Strawberry Flavor Sustagen is the new member in Sustagen family and Its tasted with strawberry and mint. And nestle corporation is expect to attract many customers to this New Strawberry Flavor Sustagen. Nestle Corporation is developing the new product features to attract more customers to the product. Strawberry Sustagen is a healthy milk powder that helps to keep our body healthy and get nutrition for the day. In this product it includes vitamins that we need to our body for been healthy and keeps nutrition and alternative medicines. Its fully tasted with strawberry flavor. Nestle corporation is decided to include more taste of milk and mint flavor to give a good taste to the customers. And also this product has attractive color that everyone like and with a nice mint smell. Distribute the New Product to the Market When an organization going to introduce a new product to the market, they must know how to distribute the new product to customers. And most important thing is organization must know how to hold the product in customers hand. As the distribution concepts, Nestle Corporation is using Consumer Market concept. First of all our marketing team is planning to distribute this product to Supermarkets in municipal and rural areas. Because middle level customers are coming to supermarkets. Our target market is middle level class customers. As municipal areas, there are some middle level class customers in rural areas that can buy these types of products. So our company chooses supermarkets to launch our new products and distribute through the supermarkets. Pricing the New Product Price is the amount of money or goods for which a thing is bought or sold. The way you set the price to your product, will help to stay in the market or itll cause to leave the market. For a pricing method for our new product, Nestle Corporation choose the customer-based pricing. There are two factors that affecting for pricing decisions. They are internal factors and external factors. Internal factors Rs, Market share 100 Maximum profit 150 Marketing strategy 80 Costs 90 External factors Customer and channel Partner expectation 70 Competitive and Related products 90 Government Regulation 20 Final price Rs, 600 This is the best price that our company can charge from the customers, because if our company charge high cost itll cost to have a production lost in the market. So this our company guessed this price is fair and attractive. Nestle Corporation expecting that this product will attract many customers. Promote the new product Nestle Corporation is expecting to launch our new product to the supermarkets and distribute through them to the customers. Before that our company is going to promote this new product to customers well. For that our company chooses new promotion tips. Our first aim is give the main idea to customers that this new product is strawberry flavor and its good for the health. Targeting that first our company is going to made-up a curiosity in customers mind. For that, our company creates a strawberry arch in the entrance to the supermarkets, and when customers come inside to the supermarket, in the front some people with strawberry dresses to give the main idea to customers. After that we give some leaflets to customers by introducing the new product and our marketing team is ready to inform about the product and its benefits. Finally were going to give a chance to our customers to taste our new product. Were 100% sure that our customers will like our new Strawberry Favor Sustagen and the yll surely use this for their day today life. L04 Market Development (http://tutor2u.net/business/strategy/ansoff_matrix.htm) After our new product enters to the market we must know how to keep our sales in a good level and how to develop the product in the market. Nestle Corporation is using the Ansoffs matrix as the market growth option to develop the product. The Ansoffs Growth Matrix is a tool that helps businesses decide their product and market growth strategy. Ansoffs market/product growth matrix suggest that a business attempts to grow depend on whether it markets new or existing products in new or existing market. The output from the Ansoffs matrix a series of suggested growth strategies that set the direction for the business strategy. Market penetration. Market development. Product development. Diversification. Our corporation suggests Market Penetration and Marker Development as market growth options for the new product. Market Penetration is a name given to a growth strategy where the businesses focus on selling existing products into existing market. Market penetration is to achieve another four more objectives. Maintain or increase the market share of current product. Secure dominance of growth market. Restructure a mature market by driving out competitors. Increase usage by existing customers. Market Development is the name given to a growth strategy where the business seeks to sell its existing products into new markets. There are many ways to use this strategy. New geographical markets. New distributing channels. New product dimension or packaging. Different pricing policies for attracts new customers or new markets. Using Ansoffs Matrix our company is going to do some changes in our new product. Our company is hoping to increase the market by selling our new products in the rural areas in the country. Nestle corporation is going to introduce 500g Strawberry Sustagen packets to groceries in municipal and rural areas in the country. Our marketing team is hoping to maintain and develop the market share. And our team is going to do some advertising programmers to develop our product. In that were hope to 5% discount if our customers buy two Strawberry Sustagen. Nestle Corporation is going to introduce this new product in to the International Market. Our marketing team is planning to export this New Strawberry Sustagen country like India, Pakistan and Bangladesh. And also were going to use new distributing channels to distribute our new product. Our team uses more agents to distribute the product in towns and by door by door. Theyre fully informed about the product and they always ready to give an instruction about the product. Conclusion In this report we can understand about the various elements of the marketing process and the benefits and costs of a marketing orientation for a selected organization. Understand the micro and macro environmental factors, segmentation criteria, targeting strategy and positioning to the new product. Also how to develop the product features, brand name and how to set a good price for the customers. How to distribute the product to the customers and promote the product to the customers. In this report can have a good knowledge of marketing mixes in different contexts. When doing this report we can have good knowledge about the market and the behavior about the market.