Common Law Essay Example for Free

Common Law Essay a)Â  In a letter dated 14/02/2011, the manager (Dave) of Excellent Foods (EF) outlined conditions in writing to the manager (Ben) of Safe Foods (SF) in relation to the purchase of EF. These conditions were that SF must pay the valued amount of EF, which totaled $120,000, $30,000 more than the original amount that SF had been prepared to pay and stipulated during earlier negotiations. At the time of the earlier negotiations, SF also had set a purchase requirement, which was that EF’s sales must increase by 20% over the next two months and if this requirement was met, SF would be prepared to pay the ,000. After earlier negotiations, EF had their business valued at $120,000 and notified SF of the valuation and that they now required this amount, not the $90,000 that SF had offered. SF did not reply to EF. Whilst EF met the sales increase target and forwarded the record of sales to SF along with the transfer of business contract as well as a new condition of the contract being that EF require 10% of the 120,000 within 14 days, SF responded in writing stating they no longer were interested in purchasing EF. It would appear that EF are no longer interested in purchasing SF due to the $30,000 price increase and the term that they would now need to pay 10% within 14 days. An important aspect in forming a legally binding contract is giving and receiving the acceptance of an offer. The requirement of acceptance with every binding legal contact is tied closely to the concept of unqualified mutual assent. Only when both parties have given their mutual consent does the law consider a binding legal contact to have been formed. Hence, if the offeree remains silent, their silence cannot constitute an acceptance.[1] Another important aspect when creating a legally binding contract is that the acceptance of the offer must exactly mirror the terms and conditions of the offeree and vice versa. If there is even a slight difference, this will most likely not constitute a valid acceptance. If an offer is made that does not mirror the terms of the original offer, than this is considered a counter-offer, which now negates the original offer. An example of this is demonstrated in the case of Hyde v Wrench (1840) where Wrench offers to sell his land to Hyde for the price of 1200 pounds of which Hyde declined to accept. Wrench responded with a counter-offer of 1000 pounds and Hyde responded with another counter-offer of 950 pounds. When Wrench declined the counter offer, Hyde decided he would accept the earlier offer of 1000 pounds, however Wrench decided he would no longer sell his land to Hyde for this amount. As Hyde had made another counter-offer after the earlier offer, the offer of 1000 pounds was now destroyed. Hyde sued Wrench for breach of contract claiming that the earlier offer was not withdrawn however the court found that Wrench did not need to withdraw the offer of 1000 pounds as it was destroyed when the counter-offer of 950 pounds was made.[2] In this case, SF made an offer to EF, being $90,000 if sales increase by 20% in two months. EF later responded with a counter-offer of $120,000, which then destroyed the earlier offer of $90,000. SF did not respond to this counter offer, therefore not accepting the new offer. EF also added terms to the offer that were not previously discussed with SF, which also did not mirror the terms of the earlier offer of which the court considers being a strict requirement for full and unequivocal assent.[3] Excellent Foods cannot commence an action for breach of contract against Safe Foods as the counter-offer negates the original offer of which Safe Foods did not respond to and therefore is not considered as an acceptance of the terms. b)Â  Promissory estoppel is an equitable action, which is designed to enforce promises made from one party to another where the promises are not supported by consideration. The doctrine of promissory estoppel can only be applied if a clear promise was made from the promisor to the promisee, if the promisse has suffered a significant loss from the promiser now going back on its promise, if the promiser acted unconscionably, and if the promisse undertook certain acts (or refrained from undertaking certain acts) due to the promiser’s initial promise. A leading case which illustrates the purpose of promisary estoppal is Waltons Stores v Maher where Waltons negotiated with Maher over the grant of a lease of property that Maher owned. Maher agreed to demolish a building in order to make way for a new custom designed building to be occupied by Waltons. Changes and agreements were made by both parties over the following months. Waltons later decided that they no longer required the building after Maher had already informed then that they were proceeding with the demolition and despite being aware of this, advised their solicitors to ‘go slow’ in informing Maher of their reservations. Due to Maher having initially received a clear promise, suffered considerable loss and completed many acts under the belief that Waltons would go ahead with the promise as well as Waltons acting unconscionably against Maher in ‘going slow’ in informing Maher of their true intentions, Maher was able to rely on promisary estoppel and therefore won on first instance and later at the appeal.[4] In this case, Excellent Foods did not suffer any considerable loss from Safe Foods not following through with the business transfer. Whilst there was an initial promise made by SF to EF, EF later requested 10% of the transfer price of $120,000 within 14 days– a term that had not previously been negotiated. It may be because of this term that SF does not wish to continue with the transfer in which case they have not acted unconscionably. EF informed SF in writing that they did not wish to continue with the transfer.

Tourism Management Efficiency Maximization Model

Tourism Management Efficiency Maximization Model Tourism management efficiency maximization model AHP and Grey Theory Analysis Keywords: AHP, gray theory, tourism management efficiency, maximization model, modeling, analysis. Abstract.  In this paper, we build housing performance evaluation model with AHP to determine the index system of residential properties. And further judgment matrix to determine the weight of each index. At the same time according to the weight of each index, combined with gray relational theory associate degree real residence with an ideal model among the analyzed system will simplify complex issues, the abstract problems concrete, the quantitative results and qualitative analysis of the perfect combination, and provide consumers with a practical assessment tool. Tourist Perception is tourism tourist objects, environmental conditions and other travel information psychological process obtained through the senses travelers. Tourist Perception involves many factors assessment, evaluation is not complete and inaccurate information, determine the comprehensive evaluation of gray for the characteristics of the analytic hierarchy process and gray combination of theoretical tourists were perceived perception evaluation. It analyzes the key factors that influence the perception of tourists, and on this basis, build a tourist perception evaluation system; then AHP to determine the weight of each index weight; final evaluation model based on five main Guilin Tourism Circle Tourism, for example, tourists perceive a comprehensive evaluation. Empirical studies show that the multi-level gray evaluation results obtained tourists perceived objective, reliable and able to provide a basis for decision-making tourism planning, management and marketing. Introduction Extensive tourist behavior research relates to the field, Tourist Perception is one of the important areas. Tourist Perception refers to the tourists through the psychological process of tourism and the tourism objects obtained senses, environmental conditions and other travel information. From the perspective of behavioral geography to study the perception of tourists, contribute to enrich and improve the system of tourism geography research, provide guidance for tourism development and planning, making tourism resources development, tourism product design, development and other aspects of the tourist market work more effective. With house prices rising, the housing problem is peoples lives is an important part. Therefore, evaluation of residential properties becomes increasingly important. However, the problem is very complex house performance evaluation, the system complex relationship between the factors and is constantly changing, yet can not accurately grasp its intrinsic relevant contact, with a certain grayness. In this context the AHP and gray correlation method combine residential properties were evaluated in order to make the evaluation results more scientific and practical. Satie operations research by the famous American family in the early 1970s proposed AHP is a kind of decision-making qualitative analysis and quantitative analysis of the combination of decision makers thought process complex problems can be systematic, modeling , quantitative. This paper uses AHP to establish residential and functional evaluation system to determine the weight of each index. Environmental quality assessment is a comprehensive contribution of various pollution factors of pollution on environmental quality, to be the extent of the merits of environmental quality assessment of environmental systems. Establish an objectively describe the environmental quality of mathematical models, has been an important topic in environmental science. In recent years, despite environmental quality assessment fuzzy comprehensive evaluation method made some progress. However, since this method has some deficiencies. Tourist Perception tourists comprehensive tourism products and services reflect the degree of perception, is affected by several factors, and the link between factors with incomplete, difficult to accurately quantify the kind of multi-layered, complex evaluation problem, consider using AHP comprehensive evaluation, AHP identify systemic problems, high reliability is high, but when the use of expert consultation, easy to grasp the scale are not allowed to lose some information to the new media of Ideological and Political Education challenges. In addition, tourists perceive the evaluation is based on the evaluators personal preferences, cultural background, experience and cognitive experience, it is difficult to exclude many deviations caused by human factors, resulting in the evaluation information provided in the evaluation less accurate, or with gray nature. Tourist Perception Evaluation solve the above information appears in incomplete, inaccurate information is an effective way to put the problem of gray system theory with analytic hierarchy Combination. Grey system theory for inaccurate information, with incomplete analysis system has obvious advantages, and the sample size is not critical requirements. Figure.1 Analytic hierarchy process The Proposed Methodology Multilevel Grey Evaluation Method. Tourist Perception assessment should first analyze the key factors affecting the perception of tourists, build a multi-level hierarchical evaluation index system, using AHP to determine the weight of indicators, the development of standard rating scale evaluation of the last evaluation model based on a comprehensive assessment to determine the value. Evaluation and the importance of the target is different, that have different weights. Using the principle of AHP, inter twenty-two indicators compare pairs of importance to construct judgment matrix, and then re-used method for solving matrix eigenvalues à ¢Ã¢â€š ¬Ã¢â‚¬ ¹Ãƒ ¢Ã¢â€š ¬Ã¢â‚¬ ¹obtained rights. Evaluation is subjective indicators, namely qualitative indicators, qualitative indicators can be achieved through the development of quantitative indicators Grading standards. Gray evaluation weight matrix as follows: (1) Evaluation results are: (2) Evaluation of each layer is determined by the weight of analytic hierarchy process. We chose from the Guilin Tourism Bureau, tourism experts Guilin College of 20 people, according to the scaling theory of AHP qualitative relative importance among the three indexes to compare. Given the relative importance of the different expert opinions vary between indicators, after two rounds of feedback, get the final calibration value comparison between the index and the right to seek re-evaluation of each of these indicators. Figure.2 Multilevel evaluation method The use of multi-level gray evaluation method Tourist Perception initial attempt evaluated. The analytic hierarchy process and gray system theory, to effectively address information Tourist Perception Evaluation appear incomplete and inaccurate information on the issue. Guilin Tourism Circle by empirical study five major tourist destination, results are objective and credible. Overall, the principle of the method is clear, simple calculation, and a small amount of sample required, it is possible for tourists perceive scientific and standardized evaluation provide a useful reference. Of course, this method also has some areas for improvement, such as the selection and improve the evaluation system, a reasonable sample size determination and the like. Mathematical model of gray association.Factor between the two systems, which change with time or different objects and measure the size of the association, known as associate degrees. In the system development process, if the two factors are consistent trends, ie a higher degree of simultaneous changes that can be described as both a high degree of association; on the contrary, lower. Thus, the gray correlation analysis method, based on the degree of similarity or dissimilarity between the trends of factors, namely the gray correlation degree as a method to measure the degree of association between factors. Comparative characteristic behavior of the system to determine the number of reference series and the system behaves column reflect the characteristics of system behavior data sequence, called the reference number of columns. Sequence data composed of factors affecting the behavior of the system, called the comparison sequence. Due to the different systems of physical significance of various factors, resulting in dimensional data is not necessarily the same, is not easy to compare, or comparison is difficult to get the correct conclusion. Therefore, during the gray system analysis, it is generally required to be non-dimensional data processing. Analytic Hierarchy Process above and gray association analysis of steel structure housing, residential and residential masonry structure framework of a comprehensive evaluation of the performance and the degree of correlation obtained with three different ideal residential residential structure between, so as to achieve three different evaluation of the structure of residential properties, advantages and disadvantages compare its performance level. Using AHP and gray correlation method for comprehensive evaluation of residential properties, and residential steel frame and masonry structure residential housing construction comprehensive evaluation of performance, and obtain associate degrees in three different structures between residential housing over the same . It can be seen that the AHP and gray correlation combine residential properties were evaluated, taking into account not only of each index in the whole impact factor, but also to achieve the degree of association between actual residence with the ideal model of analysis, and quantitative results qualitative analysis of the perfect combination to make the evaluation results more reasonable, more scientific and practical. Thereby providing useful information for the real estate development, but also for consumers instructive. Gray clustering method.Cluster analysis is to determine quantitatively using mathematical clustering Relationships between objects will be one kind of typing class of multivariate analysis method of gray cluster clustering is a common method of introduction of whitening function to generate gray theory is formed is a poly Whiting class object for different clusters indicators have, according to some kind of gray summarize, we put forward a number of whitening function green gray become the basis for a new clustering methods. Grey clustering method generally includes the following aspects: (1) cluster sample, determine the number of indicators and whitening; (2) determine the gray class division; (3) the number and normalized Albino gray class; (4) Albino determine the function; (5) the right to strike clustering; (6) to calculate the clustering coefficient; (7) clusters. Each sample has a corresponding coefficient for each cluster of Environmental Quality rating (gray type). In the clustering coefficient, usually gray clustering method is based on the maximum value of the coefficient is the level corresponding to the level of the sample belongs to . Grey Decision.Grey situation decision refers to the decision contains a gray element as environmental quality assessment system environment, it can be evaluated or evaluation factors deemed gray element, the environmental system as an event, different environmental quality level response, through decision analysis to determine the optimal situation, it is the level corresponding environmental evaluation. Grey decision steps are summarized below. The situation with the situation in the matrix structure; Seeking objective measures of efficacy; Multi-objective decision making; The decision-making process, that is based on the performance of each projects objectives, the selection of the maximum measure yuan, and according to the maximum measure to determine the optimal situation. Evaluation of results using different methods to the same sample of gray very different; the evaluation results and the method of gray correlation method of gray situation given the low resolution; high-resolution gray clustering method. Cause of these results, the study suggests that in the course of the first two evaluation methods used in processing right for each pollution factor; while the latter introduced the idea of à ¢Ã¢â€š ¬Ã¢â‚¬ ¹Ãƒ ¢Ã¢â€š ¬Ã¢â‚¬ ¹different weights (the right to strike clustering process). In response to these phenomena, make the following improvements. Taking into account the different pollutants, different standard values, and sometimes the absolute value of the difference is large, the level of different effects of different concentration of pollutants on the quality of the environment. Therefore, this article on the method of gray correlation method and medium gray situation related to strike the right and a method of making the right to a reasonable improvement, according to the proposed pollutant exceedances (pollutants measured concentrations and the ratio of the standard limits) of each point (k = 1,2, n) weighted correlation coefficient, then calculate correlation, based on the quality level of the size of the correlation degree determine samples (process weighted gray situation similar to this Act). Taking into account (a) a level range of the right upper (lower) weight each has a contribution to make to judge quality level shall be determined in accordance with a level greater than the sum of the principles of classification. Conclusion Grey theory consistent evaluation methods Evaluation and comparison of evaluation results improved due to take into account the interrelated nature of different weights of thought and comprehensive weight values, the method can overcome the false otherwise arise. Improved Grey Theory Evaluation law on environmental quality to evaluate not only feasible, but the results more credible, more realistic. using multilevel gray evaluation method tourist perception initial attempt evaluated. The analytic hierarchy process and gray system theory, to effectively address information Tourist Perception Evaluation appear incomplete and inaccurate information on the issue. Guilin Tourism Circle by empirical study five major tourist destination, results are objective and credible. Overall, the principle of the method is clear, simple calculation, and a small amount of sample required, it is possible for tourists perceive scientific and standardized evaluation provide a useful reference. Of course, this method also has some areas for improvement, such as the selection and improve the evaluation system, a reasonable sample size determination and the like.

Motivation to study a Masters degree

Motivation to study a Masters degree I basically belong to India from where I received my secondary education, later on I went on pursue my graduation in the commerce field from Cambridge College, Commercial University, Mumbai. I have done my Masters in Marketing Management from the same University. I have had considerable amount of work experience at prominent organizations. I worked as the Sales Advisor for Marks Spencers for almost two years and moved on to work at Reebok as the Retail Sales Coordinator for an year. Honestly, I believe, studying abroad for an international MBA degree is a greatly satisfying rewarding as someone interested in business of Sales and Marketing. Choosing Bangor University was a choice made on the basis of lot of information and research. My educational advisors helped me choose Bangor as a truly international destination for study purposes, which provides an atmosphere conducive for studying and remarkable living place. As a resourceful, creative and solution-oriented individual I found travelling abroad for my MBA will serve my challenge taking nature. I have been working effectively as a team member with well-known companies and have also acted as team leader as and when opportunity arose. I believe my eight long years of experience in the field of Sales and Marketing with a brief exposure to working in US in the Macys apparel department as the Sales Executive. I have also travelled to Melbourne, Australia to work as a freelancer merchandiser. Coming to UK is not rocket science. After been to US and Australia, UK was an obvious choice to continue with my professional qualification. I strongly believe this venture will be a life-changing experience for I will get to learn the European ways of business and will get an opportunity to interact with local people and people from around the world. Motivation to study in UK is also associated with the reputational factors attached with UKs education system. Most of the countries like US and Australia offer mostly two years rigorous MBA curriculum, whereas UK allowed me with the one year MBA, which was obviously a better choice if I consider my professional experience and life. I could not commit to a two-year program, thus a one-year program was an added advantage for me and one of the strongest reasons to choose UK. While researching about the universities in UK, Bangor University was highly advised by my counsellors back home and I was told it to be one the best educational institutes with a rich history in education. After coming here, I can say they were quite right. With stimulating lectures and vibrant life I can call it a perfect place to live and study. I view the world with a whole new perspective and my thinking about business and culture has been affected profoundly. I am out of my educational comfort zone and am being continuously challenged every day to develop my views and think in new ways. While earlier also I have been in stimulating environments, studying for a postgraduate qualification in UK is an altogether different endeavour. At Bangor University, I will develop my self-reliance and independence and will leverage on my previous professional experience and will mature academically and brighten my career prospects. MBA at Bangor means enrichment on every level. According to a survey by the Institute for the International Education of Students (IES), when asked about personal growth, 98% students agreed that education abroad increased their self-confidence and facilitated maturit y and 97% students revealed it had a lifelong impact on their world view (The London School of Economics and Political Science/LSE). I am here to seek friendship on a greater diversity level. Studying MBA will also enable me to build enduring friendships and developing relationships with people from various countries. I will remain in contact with them even after my education here is completed. Bangor University will provide me with academic benefits through excellent courses and lectures, unavailable at my home country. It will enhance the value of my degree by allowing me to study the subjects with more depth. Studying in UK will make me more aware culturally and I will be able to appreciate the differences in different cultures I have been in. I will be able to understand different people in better ways, thus becoming a part of world that is increasingly becoming more diverse. With this international exposure, I will be able to appraise the different points of view. MBA from Bangor University will definitely be advantageous to my future career as a manager in corporate world. In todays time more and more employ ers are placing great emphasis on the value of adaptability and flexibility. They also seek people who understand different cultures and can effectively communicate with people. It will prove to be of great help while the employers analyse my compatibility for a job as I will be able to demonstrate such skills to the employers. Interpersonal skills are the single most important attribute that the employers consider and I will gain on this front for having both academic and professional experience abroad. Undeniably I sought the international education and experience because they exhibit my own capability and confidence to carry on with it. Bangor University provides very challenging experience; academically, culturally, and socially and is naturally going to provide me an edge over others and help me stand out in the crowd. All the faculty members are internationally oriented and the academic quality is rich. Besides these reasons, the cost of tuition fee and cost of living are also important factors considered for choosing Bangor University. The place is rated extremely safe across the UK. Thus Bangor is my choice for both the teaching reasons and non-teaching reasons, bending towards the quality of faculty and cost of living as the most important reasons. Studying in an international setting at Bangor University with students from around the world will surely provide me with the opportunity to develop my communication skills with individuals from a variety of social and cultural backgrounds. The companies I have previously worked for are multinational companies with offices in various countries of world. This will prepare me for an international work. Considering my past ventures in US and Australia, I possess the experience of dealing with various cultures and this will only foster my value as an individual and an employee. Q. 2. What is your approach to learning? Q.3. What issues do you anticipate in the group work? In higher education, the inclusion of group work has become increasingly important, prominently due to greater significance assumed by skill development, lifelong learning and potential of students as future employees. Group work has wide reached consequences if not carried out with proper execution. It is a widely argued topic in the realm of higher education research literature by the likes of Webb, 1994 and Boud et al., 1999 (Mellor, A. 2009). There are three types of group works as identified by Davis (1993). They are formal learning groups, informal learning groups and study groups. Formal groups are created for accomplishing a particular task which is to be completed within a given period of time is given to them, such as preparing a report on the organizational behaviour and its elements in an MNC. Informal groups (random groups of individuals) are easily identifiable in a class where students discuss various academic (and non-academic) issues and the study groups are formed t o assist the group members during a projects progress. According to Webb, 1994; Gledhill and Smith, 1996, group work is extremely complex and has effects on the students learning mechanism. Before formation of a group, it is important to consider issues such as the right size of group, diversity in a group, balancing the load on different members of a group, preparing students to effectively participate in group work. Knight (2004) has argued that the students prefer being assessed individually rather than in groups. Group work can become more disliked by students in our groups if it involves peer assessment. As argued by Maguire and Edmonson (2001) it can lead to issues such as lack of rational judgement and prejudices. The most common issues that I can anticipate in the group work are trying to control the group or some members, coercing them to support them in every discussion. Mills (2003) also said that the thing students dislike most are poor group dynamics and personality cla shes. There can be an issue of some students who act as obligate parasites by deriving all the advantage without putting any efforts on their own. It discourages other members who actively contribute towards the success of group working. Such students have been called as passengers by Bourner et al. (2001) and Parsons (2002). Whereas, Hand (2001) coined the term freeloader for such students. An effective solution to this problem can be keeping the group size as minimum possible so that the scope of free riding can be minimized. Davis (1993) advised the perfect group size to be between 3 to 4 and no more than 6 to 7. Glebhill and Smith (1996) have discussed the issue of age, gender and qualification difference as the factors affecting the group dynamics, for example a more mature person will think quite differently than a young individual. There can also be a situation where a particular student is undermined by other members, this can seriously hamper his emotional confidence and th is sort of rejection can lead to bigger problems such as group conflict (Chang, 1999). In any group there can be some people who like to be followed and some who just follow without considering the bigger picture. While Thorley and Gregory (1994) believe that groups selected by teachers can be more effective answer to the task or situation, however there is a natural inclination among the students to form self-selected groups on basis such as friendship, ethnic or cultural proximity. This can become problematic in our case, as there are students from around the world. It is not necessary that every individual has made enough friends. Also, if some members are unable to form a group of their choice, they might feel hostile in a group of unknown people. It is not necessary that they will easily adjust in any group. It can not only hamper their participation but can also hurt their emotional well-being (Mellor and Entwistle, 2008). Q.4. How will you attempt to address these? Conclusion I, as an MBA student am looking forward to a rich academic and cultural exposure at Bangor University classrooms. Learning is certainly going to be an area of focus while also looking into the areas that need improvement. Developing personality to a better level will definitely be on top of the list. I am also looking forward to working in groups composed of diverse students. During the one year I have at Bangor, I will ensure I develop my transferrable skills and enhance my employability through the way of developing my leadership, negotiation abilities, decision making and increasing adaptability by fitting myself in different roles as the course progresses.

Harriet Tubman Essay -- essays research papers

Freedom Harriet Tubman was a brave woman, she managed to take eleven slaves to Canada, with no one noticing anything. She also did something that was surprising, she took the gun that she had with her to make a slave stay or to die, "We got to go free or die." She didn't allowed a slave to go back while they were traveling because someone might figured that he/she were returning from the running slaves and might have to answer questions. She traveled to differents places to stay like Thomas Garret's house in Wilmington, Delaware. She wanted to get to Canada to have a chance to feel what it would be like to be free. She painted pictures of what she thought Canada would be like, that shows she wanted to be free. In the couples of houses she stopped to get food and to get warm, I believe the persons that owned the houses agreed that they should be free, but they were too afraid to make a move. At the start of the story they were searching for Moses who they thought it was a ma n, which it was not it was Harriet Tubman, who wanted to run off slaves. The slaves at the story were patience. Harriet had promised them food, and shelter, when they got to the first stop in the farmhouse the man said they were a lot of slaves and that it was not safe, because the farmhouse had been searched a week ago before they arrived there, so they didn't had what she had promised them. The slaves didn't screamed at her or complained. When they arrived to Canada I think that even though th...

The Parallels of Jesus and Hercules Essay -- Mythology

Myths and religious doctrine are generally recognized as two entirely different things. Myths are usually referred to as a fictitious story or a half-truth; often they are stories shared between groups of people that are part of a cultural society. Religion is a set of beliefs concerning the cause, and purpose of the universe, and often containing an ethical code dictating appropriate human conduct. Although they differ in certain aspects, they still hold similarities. Comparable to parables within the Bible, myths have different versions which are both motivating, as well as entertaining. There are not only parallels to the idea of the stories but specific tales hold similar morals and equivalent characters. "And the Word became flesh, and dwelt among us, and we beheld His glory, glory as of the only begotten from the Father, full of grace and truth."(New Revised Standard Version, John 1:14) As the only son of God in the Christian theology, Jesus Christ was tasked with a multitude of trials, and horrors the common man would have rebuked and refused to undertake. However, as a demi-god born of the divine Christian deity and the mortal, virgin Mary, Jesus was not the average mortal man. Jesus was not the first in history to boast such a birth lineage many examples exist within ancient tales; however Hercules, the illegitimate son of Zeus (supreme god of the Greek pantheon) and Alcmene (a mortal woman) is perhaps one of the most well-known. While the birth of Jesus was with consent and acknowledgement of Mary, Alcmene was tricked into a relationship with Zeus; it is interesting to note, however, neither conception was of traditional coupling. Both Jesus and Hercules were marked for death directly from birth. Hera, Hercules’ st... ...ation that would be interchangeable with the assessments. Is it a coincidence that many cultures share certain aspects of a hero? No, all societies wish for their champions to hold certain values; such as valor, strength, determination and the ability to overcome when faced with horrible adversities. I believe these traits transcend culture, religion and time; the only difference is that most of the ancient religions are now relegated to mythology. Works Cited Graves, Kersey. The World's Sixteen Cruicified Saviors Or, Christianity Before Christ. Web. BookTagsEditDelete "MythNET - Hercules." Classics Unveiled. Web. 01 Apr. 2012. . WebsiteTagsEditDelete "New Revised Standard Version of the Bible." Daily Devotions. Web. 01 Apr. 2012. . Website

Marketing plan Essay

It is a management process through which an organisation provides its goods or services to its customers. Through marketing the organisation try to deliver and value customer, and managing customer relationships in ways that benefit the organisation and its shareholders. Marketing also includes identification, selection and development of a product, determining the price of the product, selection of a distribution channel to reach the target customers, and development and implementation of a promotional strategy. Marketing is all about to meets the needs of the customers and satisfy the needs of the customers. WHAT IS MARKET RESEARCH? It is the systematic gathering, recording and analysis of data about issues relating to marketing products and services. It can inform businesses’ decisions by helping the business to understand the changing dynamics of its market. It involves finding out more about customers, competitors and the overall marketing environment. Market research also allows a company to discover who their target market is and what these consumers think about a product or service before it comes available to the public. Market research may be conducted by the company itself or by a third party company that specializes in market research. Test subjects are usually compensated with product samples and/or paid a small income for their time. There are two types of research: primary research: The research is original to the organisation conducting the research (they collected the data) Secondary research : The research came  from another source (the data had already been gathered e.g. Market research reports, trade journals, customer service records) Within these categories information can be either internal (from inside the organisation) or external (from another organisation or source outside of the organisation). The research can be qualitative and quantitative or include elements of both. Well planned market research often involves a combination as they can reveal different things about the same market. Qualitative research: qualitative research involves finding out opinions, attitudes and feelings. Often more useful than quantitative data but is more difficult to collect and analyse. Methods of collecting qualitative data include focus groups and in depth interviews. Quantitative research: quantitative market research involves finding numerical data. Quantitative data is generally collected from large samples and is easy to analyse. Methods of collecting quantitative data include written and online questionnaire. This kind of research is used to find out how customers perceive an organisations or brand, understand how changes in price, or other variables, might affect consumer spending decisions and investigate customer preferences, interests, aspiration and other variables. MARKET PLANNING It is a business document written for the purpose of describing the present market position of a business and its marketing strategy for the period covered by the business. Marketing plans usually have a life time of one to five years. The objective of market plan is to show the steps that will be undertaken by the business to achieve its objectives. The elements used in the market planning: Description of products or service, including special features. Marketing budget, including the advertising promotional plan. Description of the business location, including advantages and disadvantages. Pricing strategy. Market segmentation. The business uses different market planning tools to do market research such as: PESTLE audit SWOT analysis SMART objectives Strategy and tactics Evaluating effectives of marketing activity Now I am discussing about how Marks and Spencer uses market research and market planning tools to contribute to their development plans. PESTLE ANALYSIS Political These factors are usually beyond the control of the organisation. However, the business needs to anticipate changes and identify the action it needs to take either make the most of an opportunity or mitigate a threat. When Marks and spencer is considered they do have political influence such as government sets regulations for them regarding health and safety. British standards such as, planning for hazard identification, risk assessment and risk control. If the companies do not abide by these regulations they will be fined or even in some cases be forced to close down. Marks and Spencer did not abide by the British standards as they were charged for neglecting health and safety regulations after a door fell on an employee. The warehouse door was left hanging on loose fixtures. Marks and Spencer are supposed to have ignored repair requests, allowing the door to fall into disrepair. Marks and Spencer pled not guilty to this; there is still no outcome of this trial. Also according to BBC news 30th January 2006 Marks and Spencer would be the major retailer to go down the fair trade route on  both clothing and food. The fair trade policy, which they have launched will include, cut salt and fat in Marks and Spencer foods, recycled packaging and animal welfare protection. Marks and Spencer Chief Stuart Rose stated, â€Å"Customers want good value, but they care more than ever how food and clothing products are made.† Economic These factors can affect the performance of a business. Especially when national/international economy goes through periods of prosperity and recession. Currently the economic outlook is very uncertain and this is more than likely to affect retail sales, as people do not have the spare cash to spend on luxury items such as clothing and food luxuries. Marks and Spencer have been hit by this and have recently closed a number of stores and have to make job cuts of 2% of their 70000 staff. And also to show what affect the recession has had, they took the decision to have two days of 20% discounts in the run up to Christmas. They have also introduced a 20% of all wine and champagne to keep up with their competitors. Customers are happy to buy the products from Marks and Spencer but due to the current economic situation they do not spend much on shopping. Social These factors relate to the values and beliefs of society. This provides useful information for businesses targeting their services at broad segments of the population, such as newspapers and magazines. In the past few years the society has changed. The culture and the expectation of the customers have changed. In 2006 Marks and Spencer chief executive Stuart Rose wanted to stretch the company brand, for example he considered selling food online as part of a plan to become a multi-channel retailer to keep up with its competitors. Also in response to cheap clothing industry super markets have increasingly over the last few years caught up with fashion trends, helping them to challenging the high street clothing stores with their less expensive  versions. Marks and Spencer is no exception to this and they have bought their clothing ranges up to date to keep up with their customers interested. Consumer purchases are influenced by cultural, social, personal and psychological characteristics. Most of the factors cannot be controlled by the marketers but they have to be taken into account by the marketers. Technological This development can affect the business in range of ways. It is one of the important aspects in the retail market. The brands of the company have to be managed carefully by the relevant managers of that company. The large companies have to be continuously being considered about their branding as it is a method they communicate with the customers and it’s way of advertising. They need to use their initiatives and new technologies to set themselves a standard among the public. For Marks and Spencer continuously to communicate with their customers they need to be heavily advertising. They have celebrity icon Myleen class as the face of Marks and Spencer who appears on the adverts on the TV and she is also on their website modelling the Marks and Spencer clothing also other girls include Twiggy, Erin o’ Connor, and Noemie Lenoir too, so their adverts appeal to women not only in their 20’s but also to the more mature lady so they are covering all areas with their advertising campaign. Legal These are the laws that the companies need adhere to. There are lots of law that different companies need to abide by. Legislation keeps on changing throughout the year. Marks and Spencer carry out retraining and update every year, they keep up to date with new laws or regulations, and with issues regarding health and safety they also ensure that their legal protection is updated. An example of legislation is the Fair packaging and Labelling Act (1996) provided for the regulation of packaging and labelling of consumer goods. Requires that manufacturers state what the package contains, who made it, and how much it contains. In Marks and Spencer website they show that they adhere to this legislation. â€Å"Packaging helps to protect the product between being produced and uses by the customer. It prevents product wastage, carries important instructions and information on ingredients and helps the product look its best in the store.† Data protection Act 1998 and Freedom of Protection Act 2000 these are the Acts to protect the rights of the customers. Since Marks and Spencer collects the information about the customers for delivery purpose customers wants to ensure that they keep their data safe. Environmental Environmental factors can relate to the social, political and legal aspects affecting a business. The government may put pressure on businesses to increase the amount of recycling. All companies, industries and organisations are being pressured to change their ways when it comes to the materials they use and how they manufacture. Marks and Spencer have established their own Green policy which they call plan A the chief executive of Marks and Spencer has today announced a 100 point five year plan to re-engineer itself to become a carbon neutral, zero waste to landfill, ethical trading, and sustainable sourcing health promoting business. SWOT ANALYSIS SWOT stands for strengths, weaknesses, opportunities and threats. Strengths and weaknesses are internal to the business. Opportunities and threats are external elements present in the environment in which the organisation operates. Carrying out a SWOT means researching the organisation’s current and future position. It’s a way of getting information which provides the basis for developing marketing objectives or aims and ultimately strategies or plans. Strengths Strengths are the advantages for a company to run efficiently. For a company to run efficiently they need to keep up their strengths. The strengths of Marks and Spencer is that their high quality which have attracted all the customers. The customer service of Marks and Spencer is their biggest strength as their main objective apart from making profit is customer based trading. The shopping environment is strength for Marks and Spencer. The shopping environment is much more flexible and convenient to the customers. They have made their stores brighter, and use modern designing techniques in their stores to make it more attractive. The management training of Marks and Spencer is excellent. Every manager has the responsibility to do their duty and to ensure that they give the best service to the customer. Weaknesses Weaknesses are the draw backs of the company. The weaknesses have to be improved with time. The price is one the weakness of Marks and Spencer. Customers prefer to buy cheap clothes rather than expensive due to the current economic situation of the country. Lack of clothing is also another weakness. When Marks and Spencer is considered they have a variety of clothing market.in fact especially ladies outwear is outmoded design and cut. In addition, comfortable younger consumers prefer purchasing brand labels, such as Next, Debenhams, and Topshop etc. Opportunities Marks and Spencer has many opportunities to expand their business. One of the opportunities of Marks and Spencer is the use of technology. In the modern world the technology has developed fast. It increases the demand for the online products. Customers are happy about adapting themselves towards the e-shopping of Marks and Spencer. The other opportunities of Marks and Spencer are that extending their market and also healthy eating. Healthy eating would catch the attention of the people as they want to make sure that the food they eat is healthy and the demand for the specific food will  increase. People want quality foods and they also want variety of foods. Introducing variety of foods would increase the sales of Marks and Spencer. Threats Although Marks and Spencer is a successful company it still has to face threats. The main threats is that their competitors. The other companies like Debenhams and Next. Changing social environment is also a threat if the environment is changed the needs of the people will also be changed. Therefore Marks and Spencer needs to change the needs of the people will also be changed. Therefore Marks and Spencer needs to change themselves according to the needs of the people. SMART OBJECTIVES All businesses set objectives, at a variety of levels. All these objectives should follow SMART objectives. Specific It is the specific aim of the company. The specific aim of Marks and Spencer is to expand their stores and to become a multi-channel retailer. They want to expand their business internationally more over their main focus is to expand in UK. Measurable It is setting objectives that believe that can be measured so that they can decide whether the objective has been achieved. They wanted to expand the business as they have thought they have expanded various food stores throughout the UK. They have expanded their stores and have been famous among the people. Achievable The objectives that are set by Marks and Spencer should be able to achievable. The objectives of Marks and Spencer are an achievable target. As they thought they were able to achieve their target. They were able to expand their business. They wanted to introduce more variety in their food products as they have said they have achieved their target. They have introduced variety in their food products in their food stores. Realistic The targets that are set should be realistic. They should be achievable. Marks and Spencer have to set targets which are based on their competitors. The targets also have to be able to manage the resources and the market. Time related The targets that are set should be realistic. They should be achievable. Marks and Spencer announced in November 2010 that they wanted to expand the business in 5 years’ time frame. As they have planned they have achieved most of their target within two years’ time. STRATEGY AND TACTICS The strategic planning of Marks and Spencer is what made them to be famous among the other company. The strategic plan was set on November 2010. It was a 5 year plan in which they have achieved most of it. As part of their strategic planning they want to put the right team to work together, they have changed their capital structure. They also want to expand their food stores throughout UK. Their main focus is UK and they want to become a multi-channel retailer. They also improved on their product therefore which enables them to stand for years. In conclusion Marks and Spencer is a successful company. Their different market plans and their research have enabled them to achieve their targets. The market research done by the Marks and Spencer has contributed to the development of its marketing plans. In macro environment Marks and Spencer follows the government policies and protects and protects the natural environment. Moreover, Marks and Spencer is influenced by the factors of economic, social and technological to set their business strategies. On the hand, in micro environment the Marks and Spencer have a good long term relationship with their suppliers and their customers. The significant strategies of Marks and Spencer are creating potential customers and maintaining the existing customers. Overall the analysis of Marks and spencer has found that its business structure follow the trend society. This easy writing has made me to know the strategic planning of Marks and Spencer which has enabled them to stand for long. P4: Use marketing research for marketing planning. INTRODUCTION 200 customers were surveyed of a local fresh sandwich bar to find out about the current range of sandwiches on offer and the standard of service. The findings include: 75% want more children’s sandwiches 82% want the shop to open longer 65% said that the staff were unfriendly 50% said that the contents of the sandwiches should be fresher 80% said that they would prefer more wraps 75% want more children’s sandwiches From the survey it could be analysed that most of the customers prefer children’s sandwiches. 150 customers out of 200 like children’s sandwiches. It also could be assumed that the children’s sandwich is more preferred due to the characteristics of the sandwich. The target of the product is mainly at small children therefore they could make the sandwich more colourful and attractive. Nicely packing the sandwich and including a toy with the sandwich also increase their sales. Providing a meal pack also would  increase more customers. One of the other important things that have to be considered is the taste of the sandwich. The children’s sandwich should be milder than the adult’s sandwich. The milder choice is because the children do not prefer spicy food. The sandwich could be improved by making it more colourful and providing a meal would also improve their sales during seasonal times. Providing offers for the meal also would improve the sales. SMART Objective: Producing more different shaped and colourful children’s sandwich by 10% in next two months 82% want the shop to be open longer It could be analysed that the majority of the people wants the shop to be open longer. 164 people out of 200 want the shop to be open longer. If the shop is open longer during Saturdays and Sundays it is more likely that the customers come to the shop. In the fast moving world people spend most of their night times by visiting various places, going for shopping therefore if the shop is open longer customers who shops late nights would go to shop. Changing the interior designs of the shop for different seasons makes it more attractive to the customers. It would help them to create a more customer base for the sandwich bar. Opening the shop longer during the weekend and during the special season would benefit the bar more. Most people are free during the week ends than weekdays so opening the shops longer will bring them more profit. And also in the night they would prefer to buy food from shops than cooking at home. If they did home delivery and opened the shop for long they would get more orders. By keeping his store open longer than other stores in the area he can potentially gain more customers from other store and perhaps find new customers who use his store nearer to closing time. SMART: Increase the opening hours of the shop till 10pm in the night from next two months. 65% said that the staff were unfriendly It could be seen that most of the staff working are unfriendly. It is important that staff are friendly to the customers. If they treat the customers well only they would like to come to the bar. The customers are satisfied and would feel happy and they would prefer to go to the bar for the good service provided by the staff. They could raise morale to staff by staff recognition scheme. The staff may be given different shifts or rotating jobs for staff therefore they do not get bored. They could also give good training to the staff about how to deal with the customers. The work could be shared between the staff to reduce the stress. They can also recruit new staff by replacing new staff with high quality and of much potential. SMART: providing training or recruiting all the staff by 10% in next three months. 50% said that the contents of the sandwiches should be fresher In the fast moving world people prefer healthy and fresh foods. The bar could introduce new fresh foods like salads. They can ask their suppliers to supply the necessary materials every day in the morning. They can keep the sandwich fresh by covering it with a foil paper. Keeping the sandwich in coolers will make the sandwich fresh. Preparing the sandwich on the spot will keep the food products fresher than already made sandwich. People would be happier to buy fresh products. Including salads and vegetables to the sandwich will make the sandwich more a healthy food and it would provide calories to the people. They could also have more employees to serve the customers so that the sandwich is served freshly and on time. SMART: Supplying healthy and fresh sandwiches to the customers by 10% in two weeks’ time. 80% said they would prefer more wraps In the modern world people are exposed to variety of food choices. They are not only exposed to the home food but they have choices of food from all around the world. Therefore they are very specific in what they want. Therefore for the bar to improve on their business they could introduce wraps. They could introduce chicken wraps and vegetable wraps. When supplying vegetable wraps they should supply it with fresh ingredients. They can include salads, onions, tomatoes and etc. The wraps could be on the spot by the staff and served to the customers. The bar could offer meals to the customers. SMART: Introducing 3 different varieties of wraps in one month time by 5%. Overall customers are happy about the sandwich bar. They are quite satisfied with the products offered by the sandwich bar. This market research finding helps them to know their target market and to set their market strategy and also to develop their market plan. From the basis of the research we can do a SWOT analysis for the bar. This would help them to know the strengths, weaknesses, opportunities and threats. The strengths of the bar are their product they are making for the children. The children sandwich is their main strength. 200 customers is a large amount of customers which shows they do have a strong customer base. The weaknesses of the bar are that the staff were unfriendly to the customers. The customers also want fresh supply for foods. If they could improve on them they would succeed in their business. The opportunities of the bar are that widening the choice of food products to the customers. more children’s sandwiches will bring more customers in with young children is an opportunity for them to make more profit. Making more wraps so that there is a larger selection of food available in store bringing more customers through the door therefore increasing sales and profit. The threats the bar could have is that their competitors. The competitors might overtake them if they do not provide good service to the customers. Any new shops that are opening can be a potential threat and steal customers from his store because they may give better service, products or their prices may be lower. Supermarkets around the shops are also a threat to the  bar because they sell sandwiches at lower price than the sandwich bar. Overall, from the outcome of the research it can be seen that the people are quiet happy and satisfied with the products and services offered by the restaurants. The bar could also set SMART objectives as part of their market plan to improve on their sales and profit. Overall this easy writing has helped me to learn how a research could help to develop their market plan and how they could improve on them.

When Growth Stalls – 1 Page Review

Introduction It's offering advice for avoiding growth stalls, drawing from practices currently in use at large, high-growth companies to foresee possible stalls and head them off. Article gives four categories which regarded as main reason for growth stalls. A premium position backfires, innovation management breaks down, core business is abandoned prematurely and company lacks a strong talent bench. The key point is that all of the most common causes of growth stalls are not come from external force. It’s from management’s failure. Thus it’s knowable and preventable.To spot the sign of growth stalls, they suggest us to use diagnostic self-test they developed. It’s the asking, what company’s senior managers have seen in their markets, in their competitors, in their own internal practice that might be alert of impending stall. To prevent the growth stalls, they recommend us to make strategic assumptions explicit and carry forward it relevance and acc uracy. Thus, agility for reacting to changes of circumstance will be improved. Four practices are required to carry out that process. First, commission a core-belief identification squad which consisted with employees who are less stick to current orthodoxies.Second, conduct teams which develop visions of your company’s future five years hence. Third, appoint a shadow cabinet. Lastly, ask a venture capitalist to sit in on strategy reviews and probe for weakness. Authors’ insist that on the strategy agenda, guarding against growth stalls should be at the top. And firm should renew their competence in strategy in this point. Limitation and defect The authors’ thrust is reasonable theoretically. In intellectual approach, it’s appropriate and fresh idea. However, since theories are based on consequences, it entertains a doubt to rationalize theories in results.Consequently, it’s conflict against real-business situation. First of all, there are a lot of brands who are maintaining their market leadership although they undergoing four critical causes of growth stall. In real business area, there are bunch of brands which take their competitive advantage as product differentiation therefore don’t care their rivals although they’ve got cost leadership. Harley Davidson or John Galliano will be the typical cases. Both of brands even don’t care about customers’ preference. Rather than that, they make customer to be attracted by their brands by customer themselves.Particularly in the luxury good market, brands do not try to stick their concept as contemporary or trendy. They persists their own color. (From research by Custo Barcelona in 2010) Moreover, Asahi Breweries, who’ve got competitive advantage by abandoning core product prematurely and urgently replace it to new product, can be refuter of articles theory too. (Information from Harvard Business School in 1994) Secondly, there are too many restrict ions to absorb their tools in real business. Appling self-test to foresee a stall is not that easy as they insist because it’s unclear to define the fundamental reason of the phenomenon.It can be caused by the economic recession of whole industry, fed in the customer’s preference, where product lifecycle is, or maybe it can be signal of stall. We can’t confirm fundamentally where the drawback is started. Besides utilize four practices which assist to make strategic assumption is more complicated. We can certain that cost of adopting these practices will be high, but can’t confidence how effective it will be work. Efficiency of those practices will be different from each company’s organization, corporate culture and so on. Therefore sometimes it can be aggravate of the risk.In addition, inviting a venture capitalist can be more risky than their effectiveness. Finding faithful and influent VC who is assured to not leak the restricted information abou t corporation will be huge task to solve. Anyway, to reform this thrust, I’d suggest not pass over externalities. They’ve too many weighted in management problem. More fundamental causes will be arises in external environment, such as, threat of substitutes or technological changes. Then, mention about difference between industry and concrete supplementation for their tools which demonstrate its actual effect in really business will be required.